JOURNAL OF THE SENATE OF THE STATE OF GEORGIA EXTRAORDINARY SESSION At Atlanta, Wednesday, November 7, 1923. 1923 FOOTE & DAVIES CO., STATE PRINTERS ATLANTA, GA. JOURNAL SENATE CHAMBER, ATLANTA, GA. WEDNESDAY, NovEMBER 7, 1923. The Senate met in extraordinary session at 10 o'clock A. M. and was called to order by the Presi- dent, Ron. Geo. H. Carswell. Upon the call of the roll the following Senators answered to their names : Arnow, Chas. S. Horn, J. Luther Beauchamp, J. C. Hullender, W. C. Boyd, B. W. Johns, G. A. Cason, Allison :M. Johnson, Emmett F. Chastain, J. B. Keith, G. J. Coates, Howard E. Kennedy, Dr. W. B. Davis, John Camp Kennon, J. H. Ficklen, Boyce, Sr. King, E. R. Garlick, Carroll B. Lankford, G. W. Garrison, J. M. Latimer, P. B. Gillis, James L. Little, W. R. Gilstrap, E. W. Loftin, Frank Grantham, E. L. Mason, T. S. Green, Dr. Thomas E. Miller, E. C. Hamby, R. E. A. Moore, Louis S. Morgan, Henry C. Mundy, W. W. McLeod, A. N. Owens, W. B. Pace, Stephen Parker, C. H. Passmore, L. D. Phillips, John R. Redwine, C. D. Smith, Ernest :M. Smith, Fred A. Stovall, J. Glenn Spence, Dr. J. :M. Whitaker, Arthur Mr. President The President caused the following proclamation to be read: A PROCLAMATION Whereas, future progress in Georgia along all in scope, imolYing the collection of millions of \VED:\' E~DA y' X0\'El\lBER 7' 1~:!3. dollars annually without providing necessary means of enforcing the collection of the same, and Whereas, hundreds of thousands of dollars can be coyered into the treasury of the State annually by a scientific and business-like system of enforcing the tax laws, and other obligations to the State, and Whereas, the present laws of the State compel the attendance of all children within prescribed ages upon the schools without providing school books, although many of these children are absolutely unable to purchase the same, and Whereas, the people of Georgia, in conventioi1 assembled, recently declared that such school books shoulu be furnisheu to pupils in the elementary grades. Now, Therefore, by virtue of the authority vested in me by Article V, Section 1, Paragraph 13, of the Constitution, I, CLIFFORD 'VALKER, Governor of Georgia, do hereby convoke the General Assembly of tlw State in extraordinary session, to meet in their respective halls at the Capitol in the City of Atlanta on the 7th day of November, 1923, at 10 o'clock A. M. for thP following objects, all of which are considered by the Executive of sufficient importance to make the necessity for such extraordinary session: To reform the tax system of the State by proposing Constitutional amendments relating thereto, by enacting general laws relating thereto, to repeal the Tax Equalization Law, to propose constitutional amendments and enact general laws which will bring to the tax books intangihlP, invisible and other prop- 6 .Tol:"RKAL m' THB SEXATE, erty now escaping taxation, and distribute the burden of taxation by placing a fair share upon those citizens enjoying large incomes who now pay practically no taxes, and provide practical and efficient means to establish uniformity of taxation by !.'nforcing the tax laws. To enact laws authorizing the State Board of Education to purchase and sidt>ut, Senate Chamber. Dear Mr. President: I have heretofore written each member of the Sen- ate inYiting the memhers to an informal dinner to 12 JouRX.\L oF THE SEKATE, be given at the Peacock Cafe (corner of Edgewood Avenue and Peachtre<' Street, upstairs), this evening at 6 o'clock. In the fear that Home of the invitations may not have been delivered I will thank you if you will haw this letter read to the members of the Senate with the statement that each member of the Senate is cordially invited to attend. Very sincerely yours, CLIFFORD VVALKER, Governor. Upon motion of Mr. Coates, the invitation was accepted. Mr. Kennon moved that the Senate do now adjourn until to-morrow morning- at 11 o 'elock .-\.. .M. The motion prevailed. The President declared the Senate adjourned until to-morrow morning at 11 .\. M. 'l'H{"R~DAY, Non::\IBER 8, lH:Z:-:. 1;.). SENATE CHAMBER, ATLANTA, GEORGIA, THuRsDAY, NovEMBER 8, 1923. 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, to wit : Adams, J. H. Horn, J. Luther Arnow, Chas. S. Hullender, W. C. Beauchamp, J. C. Johns, G. A. Boyd, B. W. Johnson, Emmett F. Cason, Allison M. Keith, G. J. Chastain, J. B. Kennedy, Dr. W. B. Davis, John Camp Kennon, J. H. Duke, Joseph B. King, E. R. Ficklen, Boyce, Sr. Lankford, G. W. Garlick, Carroll B. Latimer, P. B. Garrison, J. M. Little, W. R. Grantham, E. L. Loftin, Frank Green, Dr. Thomas E. Mason, T. S. Henderson, A. H., Jr. Miller, E. C. Moore, Louis S. Morgan, Hem_,- C. Mundy, W. W. Owens, W. B. Pace, Stephen Parker, C. H. Passmore, L. D. Phillips, John R. Redwine, C. D. Smith, G. C. Spence, Dr. J. M. Whitaker, Arthur Mr. President 1-fr. Johnson, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct. The Journal of yesterday's session was read and confirmed. At the request of the authors, the following bills were, by unanimous consent, withdrawn from the committees, read the second time mHl recommitted to the committees, to wit: 14 .JoeRXAL oF THE SEKATE, By Mr. Pace- Senate Bill Ko. 1. A bill to create a Department of Audits and Accounts, and for other purposes. Recommitted to Appropriations Committee. By Mr. Lankford- Senate Bill Xo. ~- .\_ bill to amewl Paragraph 1, Section 2, Article 7 of the Constitution of the State of Georgia, so as to authorize the leYy of tax on incomes, and for other purposes. Recommitted to Constitutional .\menndments. Mr. Pace asked unanimous consent that Senate Resolution No. :1 be withdrawn from the Committee on Constitutional ..:\mendments, read the second time, and recommitted. The consent was granted an tax for state purposes upon net incomes as the same may be defined by the General Assembl~-, which tax may be graduated, the rate in no case to exceed 5~;; -the same to contain reasonable exemptions. If such amendment is offered by the General AssPmhl~ and ratified by the people, I pledge the influence of this office to the adoption of the scale of income taxation suggested by the Tax Commission. I further pledge the calling of an extra session of the present General Assembly in order that you rna~ fix the rate of taxation and put the law into effect at the earliest possible date. THURSDAY, NovEMBER 8, 1923. 21 2. REDUCE AD vALOREM TAX I recommend that the Constitutional limitation of five mills for such taxes be reduced to such figure as the Legislature may deem safe in preserving the credit and in maintaining the institutions of the state, in no event to be larger than foui mills. 3. CLASSIFICATION OF PROPERTY I earnestly recommend a Constitutional amendment permitting the Legislature to classify property for taxation. Such a law would reduce the burdens now carried by owners of tangible property from one to two million dollars annually. The owners of intangible property producing an income of from G per cent to 8 percent will dodge taxation, sell their intangibles or move out of the state before they will pay a tax of from 3 per cent to 4 per cent. Such a tax is an income tax of over 50 per cent which, of course, is unfair, unreasonable and confiscaton. Even the income tax has failed to reach all intangibles. The classified property tax system has succeeded in all the states in which it has been tried. A system combining the income tax with the classification tax meets the approval of students of taxation. It has been given the approval of the people of the states which have tried the combined system and the Tax Commission urges your body to add the classification law to the income tax. I earnestly join in this recommendation. 4. BuDGET SYsTEM Modern business heartily approves a budget system. Its adoption by the Federal Government has met the approval of business men throughout the 22 JouRXAL OF THE SE~ATE, nation. Up-to-elate states have also incorporated this system. I do not hesitate to say that this suggestion has met practically the unanimous approval of the people of the state and I cordially urge the General Assembly to enact such a law. 5. STATE AuDITOR Separate from the Budget System, but supplementing its >York, and a necessary adjunct thereto, is a State Auditor. The work of an Auditor is not intended alone to discourage dishonesty, although this feature is incorporated in every modern business plan. It is intended to suggest modern systems of bookkeeping, checking and auditing; to suggest overlapping in endeavor in transacting the business of the state; the reduction of overhead and all other expenses and the adoption of every modern economy and other business methods. I do not hesitate to say that if provided I shall endeavor to make this office at least the foundation for a purchasing system for the state which, while giving preference to merchants in the local vicinity of the different state institutions, will save annually several hundred thousand dollars. I cordially commend the passage of this legislation. fi. Ex FORCE UoLLECTIOx oF 'l'AxEs The State Tax Commissioner in an open meeting asserted his official opinion that a reasonable force of field inspectors charged with enforcing all tax laws would net in the treasury a minimum of one million dollars additional income annually. I sincerely share this opinion and I earnestly ask that such a force be provided. EYen the establishment THCRSDAY, KovEMBER 8, 1923. :23 of a new department would be economical and wise. However, I have suggested that this force be provided as a division of the Comptroller-General's office-thus obviating the establishment of a new department. This suggestion has the approval of the Tax Commission and I confidently trust it will be endorsed by the General Assembly. Not only the dire need of the institutions of the state, but common honesty demands that tax laws be repealed or be uniformly enforced. It tends towards disrespect of the laws to permit a tax law to be enforced against one citizen while it is disregarded and defied by another citizen. Respect for the law, as well as the needs of the state, demand the passage of some such law and I hope that it will be enacted without delay. I approve the reference of the Tax Commission to limitation upon the rate of county and local taxation and trust that some relief may be granted by the Legislature. I recommend that the Tax Equalization Law be repealed and that the old law as to equalization be re-enacted. 7. FREE ScHOOL BooKs .F'or seyenty years states, counties and municipalities haYe furnished school books for the free use of the pupils of the elementary grades. Experience has shown this practice to be safe, sanitary, economical and wise. Many sub-divisions of this state have tried the system and found it most advantageous. The people unmistakably declared for the adoption of this system in Georgia. It has the approval of the State Superintendent of Schools. Its expense 24 .JocRXAL OF THE SEXATE, will amount to only 2 per cent of the amount appropriated to the schools. If no uwans can be provided for the year 1924, I earnestly a::;k that enabling legislation be adopted prodding for the foundation of the system, appropriations to be made in lattr year:-; when the means are in sight. This could be provided by directing that that portion of the tobacco tax appropriated to t~e tuberculosis sanitarium at Alto for the years 1924 and 1925 be HJJpropriated to this fund for the years following 1925. 1.'his, or ::;ome other plan can be arranged following the reformation of the tax laws. I earnestly ask that enabling legislation at least be passed at this extra session. I consider this legislation of secondary importance to tax reformation and suggest that the tax measures be given the right of way. I remind the General Assembly that the people of the state in convention have declared for the system of furnishing school hooks to the elementary grades and I ask that this legislation be enacted before the special session is adjourned. I have exercised the constitutional right in the executive to call you into an extraordinary session in the firm conviction that no great constructive reformation of the intricate and complicated tax system could be enacted in a regular session, flooded with measures of special personal interest to the members, at a time when the state will be charged with political unrest, in the midst of national, state, county and municipal political campaigns. This view accords with the legislative history of other states and even of our own state. Certainly constructive legislation can bP e(l to order by the President. Prayer was offered by Hon. C. H. Parker, the Senator from the Thinl District. Mr. Pace asked unanimous consent to dispense with tlw call of roll a]](l tlw consent was granted. Mr. .Johnson, Chairman of the Committee on Journals, reported th8t the Journal of yesterday's proceedings had been examined and found correct. Mr. Pace asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with and the consent was granted. The following priYilege resolutions were introduced an(l unanimously adopted, to wit: By Mr. Phillips- A RESOLUTION Whereas, the Hon. J. B. Douglas, Senator from the 25th District, is absent from the extraordinary session because of illness, and Whereas, he will be unable to attend this session because of the nature of his illness, therefore F'RIDAY, NOVEl\IBER ~), 19:23. 27 Be it Resolved by the Senate, That this body deplores the illness of one of its most beloved and conscientious members. That he is excused from service during this extraordinary session. That this resolution be spread upon the Journal of the Senate. By Mr. Pace- A RESOLUTION Whereas, the Hon. L. D. Passmore, Senator from the lOth District, is absent from the extraordinary session because of illness, and Whereas, he \vill probably be unable to attend this session because of the nature of his illness, therefore Be it Resolved by the Senate, That this body deplores the illness of one of its most beloved and conscientious members. That this resolution be spread on the Journal of the Senate. Mr. Lankford of the 15th District, Chairman of the Committee on Appropriations, submitted the following report: Mr. President: Your Committee on Appropriations have had under consideration the following bill of the Senate 28 JOUR~ AL OF THE SEN ATE, and have instructed me us Chairman to report the same back to the Senate with the recommendation that the same do pass: Senate Bill No. 1. November 9th, 1923. LANKFORIJ, Chairman. Under the regular onler of business the following bill was read the thir-Chairman. The following message was received from the House through Mr. Moore, the Clerk thereof: J/r. President: The House has read and adopted the following resolution of the House, to wit: By Messrs. Camp and .Tones of Coweta and othersHouse Resolution No. 9. A resolution to endorse the plan to construct a substitute stPam plant for the Gorgas Plant. The following House resolution was read the first time and ordered to lay oYer one day. By Messrs. Camp and Jones of Coweta and othersHouse Resolution No. 9. A resolution to endorse the plan to construct a substitute steam plant for the Gorgas Plant. The following priYilege rPsolution was read and adopted: By Mr. Pace, Mr. Phillips and othersSenate Resolution No. 5. A resolution inviting Hon. Oscar ~Y. Underwood, United States SPnator from Alabama, to address the General Assembly of 34 JouRXAL oF THE SExATE, Georgia, and to proYi for a joint committee on a program. The President appointP(l as a committee on the part of the Senate the following Senators, to wit: The Senator from the 9th, Mr. )foore. The Senator from the 1:Hh, Mr. Pac<'. The following resolution, favorabl~, reported by the committee, was read the s<'cow1 time: By Mr. Beauchamp- Senate Resolution Ko. 4. ~\ resolution to create a commission to im'estigate the establishment of a system of free text books in Georgia. Under the regular order of business the follo'lving bill was read the third time and taken up for consideration: By Mr. Lankfonl of 15th District- A BILL To be entitled an Act to amend Paragraph (1) One, Section (2) Two, Artirl<> (/) SeYen of the Constitution of the State of G0orgia, so as to authorize taxes to be imposed upon incori1es aiHl to proYidc for reasonable exemptions from surh taxes, and for other purposes. Section 1. Be it enacted by the General ~-\.ssem bly of the State of Georgia, and it is hereby enacted by authority of the same, That Paragraph One (1), \VEDKESDAY, NovE::.\IBER 14, 1923. 35 Section Two (2), Article Seven (7), of the Constitution of the State of Georgia be, and the same is hereby amended by adding at the end of said paragraph the following language: ''The General Assembly shall also have authority to leYy taxes upon incomes for State purposes only, which taxes may he graduated, the rate in no case to exceed five per cent, provided that provision shall be made in the law levying such taxes for crediting the same with the amount of property taxes paid to the State during the year for which such incomes are taxed; and to provide further for such exceptions as may appear to the General Assemhly to be reasonable.'' Sec. 2. Be it further enacted by the autlw.rity aforesaid, That when said am<.>ndment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the .Journal of each House, with the "yeas" awl "na~s" thereon, and publishe<1 in one or more newspap<.>rs in each Congressional District in the State for tm) months previom; 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 said proposed amendment to the Constitution shall haYe "TittPn or printed on their ballots, the words: ":B'or ratification of amendment to Section Two (2) of .\rticle Seven (7) of the Constitution authorizing the imposing of taxe>s upon ineomes;'' and all persons opposed to the adpotion of said amendment shall }urn:> written or printed on their ballots the words: '' ~\.gainst ratification of anwnclnwnt to Section T\vo 36 JouRNAL OF THE SENATE, (2), Article Seven (7) of the Constitution authorizing the imposing of taxes upon incomes;'' 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 shall be consolidated, as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation to that effect by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified. Sec. 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 committee offered the following amendments: Amend Senate Bill No.2 by adding after the word "reasonable" the following: "which shall not be less than one thousand for a single person without dependent, or dependents, and two thousand dollars for a married man or person having dependent or dependents receiving chief support from the taxpayer, and not less than four hundred dollars for each dependent. The amendment was adopted. Amend by striking the words ''property'' in line 11, Section 1, and adding in lieu thereof the words ''ad valorem.'' The amendment was adopted. \YEDXE~DAY, NovEMBER 14, 192:i. 37 Mr. Mundy offered the following amendment: .Amend by inserting the word ''net'' before the word "incomes" in the 7th line of Section 1. And b~ adding after the word ''incomes'' in line 7 of R2ction 1 the following: "Net income.s within the meaning of this Act shall be rlefined by the General Assembly.'' Mr. Mundy called for the ayes and nays and the call was sustained. The call of the roll was ordered and the vote was as follows: Those voting m the affirmative were Messrs: Beauchamp, J. C. Davis, John Camp Ficklen, Boyce, Sr. Gillis, James L. Hullender, W. C. Keith, G. J. Moore, Louis S. Mundy, W. W. Owens, '.V. B. Phillips, John R. Smith, Ernest M. Smith, Fred A. Those voting in the negative were Messrs: Adams, J. H. Arnow, Chas. S. Boyd, B. W. Cason, Allison M. Chastain, J. B. Coates, Howard E. Duke, Joseph B. Garlick, Carroll B. Garrison, J. M. Gilstrap, E. W. Grantham, E. L. Green, Dr. Thomas E. Little, W. R. Hamby, R. E. A. Loftin, Frank Hodges, W. R. Mason, T. S. Horn, ,J. Luther Miller, E. C. Johns, G. A. Morgan, Henry C. Johnson, Emmett F. McLeod, A. N. Kennedy, Dr. W. B. Pace, Stephen Kennon, J. R. Parker, C. 1I. King, E. R. Redwine, C. D. Lankford, G. W. Whitaker, Arthur Latimer, P. B. Those not voting were Messrs.: Douglas, J. B. Passmore, L. D. Stovall, J. Glenn Henderson, A. H., Jr. Smith, G. C. Mr. President Spenee, Dr. J. M. Ayes 12, nays 32. 88 JouRxAL OF THE SE~ATE, Mr. Lankford asked unanimous consent to dispense with the verification of the roll call and the consent was granted. On the adoption of the amendment the ayes were 12, the nays 32, and the amendment was therefore lost. The report of the committee, which \Yas favorable to the passage of the bill as amended, was agreed to. Mr. Moore moved that the bill and all the amendments be recommitted to the Committee on Constitutional Amendments. 1~pon the motion to recommit, tlw a:ns were 22, the nays were 23 and the motion \\-as therefore lost. Mr. Hamby mond that the Senate reconsider its action in refusing to recommit the hill and all the amendments to the Committee on Constitutional Amendments and the motion prevailed. The question was on the motion of Mr. Moore that the bill, Senate Bill No. 2, he recommitted to the Committee on Constitutional ~\mendments. l:Jpon the motion to recommit Senate Bill No. 2 to the Committee on Constitutional Anwndments the ayes were :-n, the na:>s 10, and the motion prevailed. The bill \nls recommitted to the Committee on Constitutional Amendments. Mr. Pace mond that tlw Senate do now adjourn. The motion prevailed. The President declared the Senate a(ljoumed until to-morrow morning at 10 o'clock. THun~DAl, NovEMBER 15, 1923. SENATE CHAMBER, ATLANTA, GA. THURSDAY, NovEMBER 15, 1923. 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 : Adams, J. H. Hamby, R. E. A. Miller, E. C. Arnow, Chas. S. Henderson, A. H., Jr. Moore, Louis S. Beauchamp, J. C. Hodges, W. R. Morgan, Henry C. Boyd, B. W. Horn, J. Luther Mundy, W. W. Cason, Allison M. Hullender, W. C. McLeod, A. N. Chastain, J. B. Johns, G. A. Owens, W. B. Coates, Howard E. Johnson, Emmett F. Pace, Stephen Davis, John Camp Keith, G. J. Parker, C. H. Duke, Joseph B. Kennedy, Dr. W. B. Phillips, John R. Ficklen, Boyce, Sr. Kennon, J. H. Redwine, C. D. Garlick, Carroll B. King, E. R. Smith, Ernest M. Garrison, J. M. Lankford, G. W. Smith, Fred A. Gillis, James L. Latimer, P. B. Stovall, J. Glenn Gilstrap, E. W. Little, W. R. Spence, Dr. J. M. Grantham, E. L. Loftin, Frank Whitaker, Arthur Green, Dr. Thomas E . Mason, T. S. Mr. President . Mr. Johnson, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal of yesterday's proceedings was dispensed with. The follo\ving message was received from the House through Mr. Moore, the Clerk thereof: 40 .JO"LRXAL OJ<' THE SENATE, Mr. President: The House has read and concurred in tlw following resolution of the Senate, to wit: By Mr. Mason of the 30th, and others- Senate Resolution No. 5. A resolution inviting Senator Oscar \V. Underwood to address the General Assembly in joint session at such time as might meet his convenience and not interfere with the business of the General Assembly. The Speaker has appointed as a committee on the part of the House to arrange for the address under the above resolution the following members of the House: Messrs. \V. R. Jones of Meriwether. Milner of Dodge. Elders of Tattnall. Mr. Garlick of the 17th District, Vice-Chairman of the Committee on Constitutional Amendments, submitted the follmdng report: Mr. President: Your Committee on Constitutional Amendment8 have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the recommendation that the same do pass as amended, to wit : Senate Bill No. 2. A bill to amend Section 2, THuRSDAY, NovEMBER 15, 1923. 41 Article 7 of the Constitution of Georgia, so as to authorize levy of taxes on incomes. GARLICK, Vice-Chairman. The following bills were introduced, read the first time and referred to the committee: By Messrs. J olms, Pace, Mundy and others- Senate Bill No. 7. A bill to amend the Constitution so as to reduce the ad valorem rate from five to four mills. Referred to Committee on Constitutional Amendments. By Mr. Loftin (by request)- A bill to create machinery for the collection of cigarette and cigar stamp tax. Referred to Committee on Finance. Under the regular order of business, the following bill was read again and taken up for consideration: By Mr. Lankford of the 15th- A BILL To be entitled an Act to amend Paragraph (1) One, Section (2) Two, Article (7) Seven, of the Constitution of the State of Georgia, so as to authorize taxes to be imposed upon incomes and to pro- 42 J OURXAL OF THE SENATE, vide for reasonable exemptions from such taxes, 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 One (1), Section Two (2), Article Seven (7), of the Constitution of the State of Georgia be, and the same is hereby amended by adding at the end of said paragraph the following language: "The General Assembly shall also have authority to levy taxes upon incomes for state purposes only, which taxes may be graduated, the rate in no case to exceed five per cent, provided that provision shall be made in the law levying such taxes for crediting the same with the amount of property taxes paid to the State during the year for which such incomes are taxed; and to provide further for such exemp- tions as may appear to the General Assembly to bP reasonable.'' Sec. 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by a two-thirds vote of the members elected to 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 the State for two months previous to the time for holding the next general election and shall, at the next general election bP submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ha11ots, the "orcls: "For THURSDAY, NovEMBER 15, 1923. 43 ratification of amendment to Section Two (2) of Article Seven (7) of the Constitution authorizing the imposing of taxes upon incomes''; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: ''Against ratification of amendment to Section Two (2), Article Seven (7) of the Constitution authorizing the imposing of taxes upon incomes''; 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 shall be consolidated, as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation to that effect by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified. Sec. 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 committee offered the following amendments: Amend by striking the words ''property'' in line 11, Section 1, and adding in lieu thereof the words ''ad valorem.'' The amendment was adopted. Amend Senate Bill No.2 by adding after the word "reasonablP" the following: 44 .JovRXAL OF THE SENATE, "\Vhich shall not be less than one thousand dollars for a single person without dependent or dependents and two thousand dollars for a married man or a person ha,ing dependent or dependents receiving chief support from the taxpayer, and not less than four hundred dollars for each dependent.'' The amendment was adopted. Amend by adding between the words ''Incomes'' and "for" in line 7, Section 1, the following: "from whatever source derived." The amendment was adopted. Amend by striking word ''shall'' in line 9 of Senate Bill No. 2, between the words ''provision'' and "be," and inserting "may." On this amendment Mr. Hodges called for the. ayes and nays and the call was sustained: The call of the roll was ordered and the vote was as follows: Those voting m the affirmative were Messrs: Adams, J. H. Arnow, Chas. S. Chastain, J. B. Coates, Howard E. Garrison, J. M. Gillis, James L. Gilstrap, E. W. Hamhy, R. E. A. Henderson, A. H., Jr. Loftin, }'rank Hullender, W. C. Jl.fasuu, T. S. Johns, G. A. Moore, Louis f4. Keith, G. J. Mundy, W. W. Kennon, J. H. Phillips, John R. Latimer, P. B. Smith, FrNl A. Little, W. "R. \Vhit:lltt> of the members elected to each House, it shall he entered upon the Journal of each House with the '' ~eas'' and ''nays'' thereon, and published in one or more newspapers in each Congressional District in the State for two months previous to the time for holding the next general election, and shall be submitted to the people for ratification at the next general election held in this State. All persons voting in said election in favor of this proposed amendment shall haYe written or printed on their ballots the words, '' "B,or ratification of amendment reducing the ad valorem tax rate from five to four mills"; and all persons voting against said amf'ndment shall have written or printed on their ballots the words, ''Against ratification of amendment reducing ad valorem tax rate from five to four mills''; and if thf' majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification when the returns shall be con- THURSDAY, NovEMBER 15, 1923. 49 solidated as now required by law, the return thereof shall be made to the Governor, and he shall issue a proclamation declaring said amendment ratified in said election. Amend further by making Section Three (3) of the original bill Section Five (5). Amend caption of Senate Bill No. Two (2) by adding after the word ''taxes'' in the fourth line the following words: ''And to reduce the State Tax rate on property from five mills to four mills.'' The amendment was adopted. Mr. Gillis offered the following amendment: Amend Senate Bill No. 2 by adding after Section 2 the following section: "Section 3. Be it further enacted, That the maximum rate for ad valorem taxes for State purposes shall not exceed three mills when provision has bet>n made in this Constitution directing or authorizingthe levy and collection of taxes upon incomes for State purposes. Mr. Pace made the point of order that this amendment was out of order for the reason that it conflicted with the amendment preyiousl~' aclopted. The President sustained the point of order. Mr. Gillis withdrew the amendment. 50 JouRXAL OF THE SEKATE, Mr. Redwine asked unanimous consent that the Senate reconsider its action in adopting the Reelwine amendment. There was objection and the consent was not granted. Mr. Pace moved that the Senate reconsider its action in adopting the Redwirw amendment. On the motion to reconsider the ayes were 24, the nays 8, and the motion pre,'aileu. Mr. Gillis offered the following amendment to the amendment by Mr. Redwine: Moves to amend the <:mwn(lment offered by Senator Redwine, as follows: By striking the word ''four'' wherever same occurs in said amendment awl inserting in lieu thereof the word ''three.'' By Mr. Redwine: (Readopted as amended)On the adoption of the amewlment to the amend- ment, Mr. Davis 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: Adams, J. H. Arnow, Chas. S. Boyd, B. W. Cason, Allison :M. Chastain, .f. B. Coates, Howard E. Dcnis..Tohn Ca111p fl11lDAY, NovE:\IBER 20, 1923. 71 cupation and certain other special taxes, and for other purposes. The Committee offered the following substitute: A BILL To be entitled an Act to require the ComptrollerGeneral of the State to supervise the collection of all special and occupation taxes; to collect all delinquent special and occupation taxes, chauffeurs license taxes, the tax upon dealers in cigars and cigarettes, inheritance taxes, and the tax upon distributors of fuels; to require the ComptrollerGeneral to perform the duties heretofore performed by the Secretary of State under the Motor Vehicle License Act; to amend the Motor Vehicle Act, approved November 30, 1915, and amendments thereto, so as to authorize the ComptrollerGeneral to perform the duties now imposed upon the Secretary of State under said Act; to authoriz<> the employment of clerical help and field agents; to prescribe their duties and fix their compensation; to prescribe the powers and duties of the Comptroller-General in connection with the collection of delinquent taxes; to impose a penalty upon delinquent taxpayers; to provide for the punishment of delinquent taxpayt>rs, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after tht> 31st day of December, 1923: 7'2 .TorHXAL oF THE SEXATE, Section 1. It shall be the duty of the ComptrollerGeneral of Georgia to supervise the collection of all special and occupation taxes, and to collect all delinquent special and occupation taxes levied under the General Tax Act, to collect the inheritance taxes levied under the Act approved August 19, 1913, Georgia Laws, 1913, pages 91 et seq., and amendments thereto, the tax upon dealers in cigars and cigarettes levied under the Act approved August 15, 1923, Georgia Laws, 1923, pages - - , the tax upon fuel distributors levied under the Act approved August 10, 1921, pages 83 et seq., and amendments thereto, and the motor vehicle license taxes and all other taxes, licenses and fees levied under the ~\ct approved November 30, 1915, Georgia Laws, 1915, pages 107 et seq., the same being entitled: "An Act providing for the annual registration and identification of motor vehicles and motorcycles; regulating their use upon the public streets and highwars of this State; requiring chauffeurs to obtain a license to operate such vehicles; to provide for the distribution of the fees collected hereunder among the counties of this State; to make the Secretary of State Commissioner of Motor Vehicles; provide expenses for operation ancl enforcement of law; to prescribe penalties for the violation of the provisions of this Act; to provide for tlw employment of a clerk and inspector of motor vehicles; and repealing all laws and parts of laws in conflict with this Act, and for other purposes,'' and all amendments thereto. Sec. 2. Said Comptroller-General shall perform all of the duties heretofore required to he performed hy, and shall exercise all of the powers anrl authority TuEsDAY, .KovE:\tBER :W, 192:l. vested in, the Secretary of State as ex officio Commissioner of Motor Vehicles, and said Motor Vehicle Act, described in Section 1 of this Act, and all amendments thereto, are hereby amended by striking from said Act and amendments thereto the words "Secretary of State," wherever the same appear, and substituting therefor the words "ComptrollerGeneral.'' Sec. 3. The Comptroller-General is authorized and empowered to employ such clerical help and field agents as may be necessary to administer the provisions of this ~\ct, and, in addition to the duties now required to be performed by him, he shall be charged with the duty of directing and supervising the operations of such field agents and clerical help. In addition to the bond now required of him by law, he shall give a bond, with good and sufficient security, payable to the Governor, and to be approved by him, in the sum of $100,000, conditioned for the faithful performance of the duties required to be performed under this Act. Sec. 4. The number of clerical employees appointed under the provisions of this Act, and the amount of compensation paid to each of them, shall be fixed by the Comptroller-General, subject to the approval of the State Budget Commission. . Sec. 5. The expenses of carrying out the provisions of this Act shall be defrayed out of the sums collected hereunder when said expenses are approved hy the State Budget Commission, and the Comptroller-General in his annual report to the General Assembly shall include a full and complete itemized statement of such expenses. 74 JOURNAL 0}' THE SENATE, Sec. 6. The Comptroller-General shall appoint and designate not less than six field agents, who shall thoroughly investigate, and diligently inquire into, all defaults in the payments of all special, occupation taxes and licenses, specified in Section 1 of this Act, and it shall be their duty to collect all such taxes and licenses as may be in default, together with a penalty of twenty per centum of the amount of taxes clue by any defaulter, which penalty is hereby imposed upon each person, firm, or corporation, for failure to pay said taxes, or licenses, within sixty days from the time the same are due and payable. Sec. 7. Said field agents shall investigafe all estates which have been administered, or distributed without administration, since the passage of the Inheritance Tax Law, and which have not paid inheritance taxes, for the purpose of ascertaining whether or not such estates are liable for inheritance taxes under the laws of this State, and when they find an estate subject to inheritance taxes, and such taxes have not been paid, they shall make a report of that fact to such State officer as may, under the law, be charged with the supervision of the appraisement of estates for inheritance taxes and the assessment of such taxes by the courts of ordinary of the State. Said agents, when directed to do so by the Comptroller-General, shall take the necessary steps to have any estate, on which inheritance taxes are found to be due, appraised for such purpose. Sec. 8. It shall be the duty of said field agents to examine the books of the Tax Collectors, Ordinaries and County Commissioners in the several counties of this State, for the purpose of ascertaining whether TuESDAY, NovEl\IBER 20, 1923._ 75 such officials, or the counties represented by them, have accounted for all State revenues collected by them, and in the event it is found that such officers, or counties, are due the State money, such fact shall be reported to the Comptroller-General, who is hereby authorized and directed to issue executions against the proper officers of such counties for the amount of money ascertained to be due to the State. Sec. 9. The compensation of said field agents shall be fixed by the Comptroller-General at not more than $300 per month, and their actual necessary expenses incurred in the discharge of their duties, which shall be paid as other expenses are paid under the provisions hereof, when certified to and approved by the Comptroller-General. Sec. 10. All employees, handling funds of the State under the provisions of this ~\ct, shall be required to give a good and sufficient bond in a sum to be fixed by the Comptroller-General, and to be approved by him, conditioned for the faithful performance of their duties, and the premiums on said bonds, as well as the premium on the bond required to h0 given by the Comptroller-General, shall be paid as a part of the expenses of the administration of this law. Sec. 11. Any person failing to pay any special, or occupation tax, due under the laws of this State, together with the penalty imposed under Section 6 of this Act, upon demand of an officer authorized to collect the same, shall be guilty of a misdemeanor, and oil conviction shall be fined not less than double the amount of the tax ancl}wnalty ports to the Governor showing the amounh; 'fuESDAY, NovEi\IBER 20, 1H2~). 77 collected under the provisions of this Act, and shall pay into the State Treasury such sums at least once each week, provided that he may reserve a sufficient sum to defray the expenses of the administration of the provisions hereof. Sec. 15. The power and authority to make all rules and regulations he may deem necessary to carry into effect the provisions of this Act is hereby Yested in the Comptroller-General. Sec. 16. Be it further enacted by the authority aforesaid, that all laws, or parts of laws, in conflict herewith be, and the same are hereby, repealed. The suhstitute was adopted. Mr. Redwine moYed that the Senate reconsider its action in adopting the committee substitute. The motion preYailed. Mr. King move, the sum of $50.00 in 96 .JOL'RXAL OF THE SEXATE, vided, this shall not apply to co-operative selling or each county in which he conducts said business. Proto producers of live stock from selling same. (d) Upon each and every non-residential real estate auctioneer, the sum of $100.00 in each county in which he conducts said sale. Each and every resident real estate auctioneer shall pay the sum of $50.00 in each county in which he conducts said sale. At the time he registers with the Ordinary of the county, before paying the tax, every auctioneer must specify the kind and style of sale he intends to conduct. The committee offered the following amendment: Amend Paragraph 13 of the General Tax Act by adding a subsection to be known m; (e) : ''Provided this section and subsections thereto shall not apply to sheriffs and other parties acting as auctioneers for executors, administrators, guardians and commissioners conducting sales hy virtue of the order of any court of the State.'' The amendment was adopted. Mr. Adams offered the following amendment: Moves to amend Paragraph 13, Section C, by adding in line 7 after the words "live stock" the words ''farm implements and produce.'' Also by striking the figures "$50.00" in line 8 and inserting the figures '' $25.00. '' The amenclnwnt was adopted. !-.!7 The paragraph was adopted as amended. Par. 14. Automobiles. Upon every agent of, upon every dealer in, and upon every person soliciting orders for retail sale of automobiles, not inclu(1ing wholesale dealers or distributors soliciting or canvassing for local dealers, the sums set out below, viz: In each county with a population of less than 20,000, $25.00; in each county with a population of between 20,000 and 30,000, $55.00; in each county with a population of between 30,000 and 50,000, $85.00; in each count~ with a population between 50,000 and 75,000, $110.00; in each county with a population between 75,000 and 100,000, $165.00; in each county with a population between 100,000 and 150,000, $220.00; in each county with a population exceeding 150,000, $275.00. Provided, however, that nothing in this Act shall conflict with the provision fixing a license upon exclusive dealers in used cars. Such dealer, agent or solicitor selling or offering for sale automobiles at retail, shall be required to pay one license fee only in each county, so as to provide that all persons soliciting orders, or selling automobiles at retail shall pay a license to become a dealer or agent, and such license shall entitle such dealer to sell any make or makes of new or second-hand automobiles, and shall entitle said de!:llers to operat<' in connection with said business a service station, in the said county in which said license is paid. Any dealer having paid such tax to be allowed any number of employees for the purpose of selling cars within the county wherein such tax has been paid. The committee offered the following amendment: !)8 Jor.:u~AL OJ.' THE SENATE, Moves to amend b~r striking the words ''in each county," appearing in line 12, Paragraph 14, Section 2, page 5 of the printed bi-ll. The amendment was adopte;AL OF THE NEXATE, Par. 44. Coal, Coke, or \\'ood. rpon each person, firm or corporation dealing in coal, coke and wood, or coal and coke, whether for themselYes or as agents or as brokers in cities of more than 1,000 inhabitants, and not more than 10,000, $10.00; in cities of more than 10,000 allwing machine companies, or to companies doing or operating a real estate loan business as mentioned and described in Paragraph 72 hereinafter, which are separately taxed by other provisions of thiR ~\ct. Provided, 114 .JouRX.\L oF THE SEKATE, f11rther, that all returns by corporations, resident or non-resident, must be made under oath, and when ~my corporation paying this license or occupation tax requires or demands more than two duplicate certificates for agents, then such corporation shall be required to pay an additional fee of $1.00 for each duplicate certificate or receipt owr and above the first two mentioned. The committee offered the following amendment: (!()lnmittee moves to amend Paragraph 49 of Secf;if)n 2 by striking the figures" 51," appearing in line 1:0 and inserting the figures '' 48. '' The amendment was adopted. Mr. Pace offered the following amendment: To amend by striking '' 7~'' in line 22 and insert "70." The amendment was adopted. The paragraph was adopted a~ amended. Par. 50. Dance Halls. Upon person or persons operating public dance halls, where dancing is permitted or taught for hire, $100.00 for each place of business. The paragraph v>as adopted. Par. 51. Devices, Bowling and Ten-Pin Alleys, Cane Racks, Shooting Galleries, etc. Upon each person, firm or corporation operating- for gain a howl- FRWAY, NovEMllEU 23, 1~:2:3. 113 ing, box ball, ten-pin alley or alley of like character, shooting galleries, or booth where firearms are used for firing at a target, and upon such persons operating for gain any table, stand, machine or place for performance of games not prohibited by law, and any rack or booth or place for pitching or throwing rings at canes, knives, or other things of value, or any table OT stand for rolling balls for play or for sale or disposition of prizes for each stand, table, alley, gallery, machine, rack, booth or other place put in use at each place of business in this State, the sum of $50.00. The paragraph was adopted. ..~ Par. 52. Skating Rinks. Upon the owner, manager, keeper or lessee of any skating rink in this State, where any fee or charge is made for admission, for the use of skates, or skating, in counties having a population of more than 100,000 inhabitants, the sum of $100.00; in counties of 50,000 and not over 100,000, the sum of $50.00 ; in counties of less than 50,000 population, the sum of $25.00 for each place of business. The paragraph was adopted. Par. 53. Directories. Upon each person, firm or corporation compiling a city directory or directories of any character, and selling or suppl~ring the subHcription, the sum of $125.00. The committee offered the following amendment: 116 JouRxAL oF THE SExATE, To amend by adding: (Paragraph 53) "The above tax shall not be considered to apply to telephone companies issuing directories for use in the telephone exchanges.'' The amendment was adopted. The paragraph was adopted as amended. Par. 54. Dog and Pony Shows. Upon each dog, pony or horse show, where the entire show is exclusively an exhibition of trained dogs, ponies, or horses and monkeys, or a combination of any of them, beneath a tent, canvas or enclosure, where an admission fee of fifteen cents or more is charged, the sum of $50.00 for each day it may exhibit, and upon such shows with an admission fee of less than fifteen cents, the sum of $30.00 for each day it may exhibit in this State. The paragraph was adopted. By unanimous consent, consideration of the following paragraph was deferred: Par. 55. Dry Cleaning. Upon all persons, firms or corporations engaged in dry cleaning, $25.00 for each place of business. Provided, this paragraph shall not apply to pressing clubs that do not engage in dry cleaning, $5.00 for each place of business.. Par. 56. Electrical Agents. Upon all electtical contractors, $10.00 for each count~. The paragraph was adopted. FRIDAY, NovEMHEH 2:3, Hl~:-L 117 Par. 57. Emigrant Agents. Upon each emigrant agent, and upon each employee of such agents, doing business in this State, $1,000 for each county in which such agents or employee may do or offer to do business. Provided, that no emigrant agent or employee shall take from this ~tate or attempt to take from this State any person until after first giving bond to be accepted and apprond by the Commissioner of Commerce and Labor conditioned to pay any valid debt owing by said person to any citizen of this State. The paragraph was adopted. Par. 58. Employment Agencies. Upon all employment agencies or bureaus doing business in this State, $50.00 for each county. The paragraph was adopted. Par. 59. Traveling Horse Traders, or Gypsies. Upon each company of traveling horse traders, or traveling gypsies, or traveling companies or other transient traveling persons or firms, engaged in trading or selling merchandise or lhe stock of any kind, or clairvoyant, or persons engaged in fortune telling or palmistry, $250.00, to be collected by the tax collector in each count~ and . B. GRAMLING, Legislative Committee, Atlanta Federation of Trades. C. \V. CuxxiXGHA~:1, President _.\ tlanta ~'ederation of Labor. L. P. MARQUARDT, CIIAS. B. GR.\i\lLIXG, President Georgia J1'ederation of Labor. Secretary Georgia Fedt>ration of Labor. The hour of 12 o'clock A. M. having arrived the Senate repaired to the hall of the House of Representatives for the purpose of hearing an address by the Senior Senator from Alabama, Hon. Oscar W. rnderwood. The President took the Chair and called the joint session to order. The resolution convening the General Assembly in joint session was read by the Secretary of the Senate. Senator enderwood was escorted to the Hall of tlH House of RepresPntatiYes by tlw joint committee 126 JouRXAL oF THE SE~ATE, appointed for that purpose and upon being presented to the joint session by Hon. H. H. Elders, of Tattnall, delivered to the General Assembly of Georgia an address. Upon motion of Mr. Perryman, of Talbot, the joint session \vas dissolved and the Senate returned to the Senate Chamber. The Senate was called to order by the President. Mr. Little was granted a leave of absence until Wednesday, November 28, 1923. Mr. Davis moved that when the Senate adjourn to-day that it stand adjourned untilll o'clock A. M., Monday morning, Kovember 26, 1923. The motion prevailed. Mr. Pace moved that the Senate do now adjourn. The motion prevailed. The President declared the Senate adjourned until 11 o'clock ""\. M., Monday morning, November 26, 1923. MoNDAY, NovEMBER 26, 1923. 127 SENATE CHAMBER, ATLANTA, GA., MoNDAY, NovEMBER 26, 1923. The Senate met pursuant to adjournment and was called to order by the President. Prayer was offered by Ron. C. H. Parker, the Senator from the Third District. Upon the call of the roll the following Senators answered to their names : Adams, J. H. Horn, J. Luther Beauchamp, J. C. Johns, G. A. Boyd, B. W. Keith, G. J. Cason, Allison M. Kennedy, Dr. W. B. Chastain, J. B. Kennon, J. H. Ficklen, Boyce, Sr. King, E. R. Garrison, J. M. Lankford, G. W. Gilstrap, E. W. Latimer, P. B. Grantham, E. L. Loftin, Frank Green, Dr. Thomas E. Mason, T. S. Hamby, R. E. A. Miller, E. C. Henderson, A. H., Jr. Morgan, Henry C. Hodges, W. R. Mundy, W. W. McLeod, A. N. Owens, W. B. Pace, Stephen Parker, C. H. Phillips, John R. Redwine, C. D. Smith, G. C. Smith, Ernest M. Stovall, J. Glenn Whitaker, Arthur Mr. President Mr. Johnson, Chairman of the Committee on Journals, reported that the Journal of the previous day's proceedings had been read and found correct. By unanimous consent the reading of the Journal of the previous day's proceedings was dispensed with. Under the order of unfinished business, House Bill No. 11, known as the "General Tax Act," was taken up for consideration: 128 JouB~AL OF THE SE~ATE, Mr. Hodge asktd unanimous consent that the Senate reconsider its action in rs, or Gy1)sies. r pon each compnn~ of tranling horse traders, or traYeling gypsies, or traYeling companies or other transient tl"i\\eling persons or firms, engageYas adopted. Par. 10. Loan >\.gents. C pon each person, firm ol co1 poration ll('gotiating loans nnd charging therefor any fee, commission or salar~, in each count~- in which he or tlwy may carr~ on such business, the sum of $:23.00. ProYicled, this tax shall not be required of attomcys-at-lm\ \Yho haYe paid tlH professional tax imposed by Paragraph 3 of this section, and who sll'lll ('ngage in negotiating loans on collateral other than \Yages, time or salary; provided, further, that this tax shall not lH' requirerl of an~ person, firm or corporation in nn~ county in "hich its eonPspondents, agents, nr other local rPp- 1..~,t.), resentative has paill Silill tax, or othenvise complied with or conformed to this Section. (b) Should such person, firm or corporation engage in making or negotiating loans upon wages, or time, or the purchasing of salaries, the sum of $100.00. 'l'he paragraph was adopted. Par. 71. Legislatin Agents. Cpon each person registered under the ..:\ct of the General Assembly approved August 11, 1911, (see Acts 1911, page 151) tlw :-tml of $100.00. The paragraph was adopted. Par. 7:2. Laundries. L"pon each person, firm or corporation operating a laundry or dyeing establishment, in or near cities of more than 50,000 inhabitants, $100.00; in or near cities of from 20,000 to 50,000 inhabitants, $50.00; in or near cities of less than 20,000 inhabitants, $25.00, for each place of. business. The committ0e offered the following amendment: Committee mo\es to amend House Bill No. 11, Par. 72, by striking from said paragraph all of the words appearing after the word "establishment" in line 2 thereof, and substituting therefor the foUowing: '' $100.00 if employing 10 or more persons, $50.00 if employing 5 and not more than 10 persons; $25.00 if not employing more than 5 persons.'' The amendment was a(loptecl. 134 JouRNAL OF THE SENATE, The paragraph was adopted as amended. Par. 73. Machines (Store Cash Registers). Upon each manufacturer or wholesale dealer in, or agent for the sale of any cash or account register, $100.00 for each place of business in this State. The paragraph was adopted. Par. 74. Machines (Weighing or Calculating). Upon each manufacturer or wholesale or retail dealer in, or agent for the manufacturer of any weighing scale, or scales for calculating weight or prices of commodities, $25.00 for each place of business inthis State. The paragraph was adopted. Par. 75. Machines (Adding Machines). Upon every manufacturer of, or wholesale or retail dealer in or agent for the sale of any adding or calculating machine retailing for more than ten dollars, $100.00 'for each place of business in this State. The paragraph was adopted. Par. 76. Machines (Typewriters). Upon every manufacturer of, wholesale or retail dealer in, or agent for the sale of any typewriter or typewriting macbine, $100.00 for each place of business in this State. The paragraph was adopted. Par. 77. Machines (Slot). Upon every machine, MoxDAY, NovE~IBER 26, 1923. 135 punchboard or other device, operated, used or kept in this State wherein is kept any article to be purchased by depositing therein or paid therefor .any coin or thing of value, and for which may be had any article of merchandise whatsoever, where there is no chance incurred by reason thereof and where the deposit of coin or other thing of value does not exceed one cent per operation, $2.00 for each machine, punchboard or other device for each county where kept, set up, used or operated. (b) Upon each slot machine wherein may be seen any picture or music may be heard by depositing in said machine any coin or thing of value, and each weighing machine or scale, and every machine making stencils by the use of contrivances operated by slot wherein coin or other thing of value is to be deposited or used, the deposit of coin or other thing of value not exceeding one cent per operation, $1.00 for each county where kept, set up, used or operated. On all other machines described in this paragraph, rharging more thim one cent per operation, $5.00 for each county where kept, set up, used or operated. Provided, that not more than $100.00 shall be required of any one person in any one county under this paragraph. Provided, further, that no machine described in this paragraph shall be subject to more than one tax. The committee offered the following amendment: Moves to amend as follows: By striking the figures '' $2'' wherever they appear in Paragraph 77 and adding in lieu thereof '' $10. '' Thf' amendment was adopted. ];~() .JmH:-.:AL OF THE SEXATE, The paragraph was adopted as amended. Par. 78. Bic~cl<> Dealers. Upon every bicycle dealer selling or ration of the following paragraph was adopted : Par. 82. Motion Picture Supply House. Upon all motion picture supply houses, or film distributing agencies, $100.00 for of business. MoNDAY, NovEMBER 26, 1923. 139 Par. 83. Musical Instruments, Graphophones, Organs, Phonographs, Pianos and Victrolas. Upon each person, firm or corporation engaged in the business of selling or renting, as agents or dealers, any of the above or similar instruments, in or near cities of more than 50,000 inhabitants, $100.00; in or near cities of from 25,000 to 50,000 inhabitants, $50.00; in or near cities of from 10,000 to 25,000, $25.00; in or near cities or towns of less than 10,000, $10.00, for each place of business. The paragraph was adopted. Par. 84. News Dealers. Upon each person, firm or corporation carrying on the business of selling books, magazines, papers, fruits, confections or other ar:ticles of merchandise on the railroad trains in this State, $500.00. No county or municipality shall have authority to levy any additional tax for the privilege of carrying on said business. The paragraph was adopted. Par. 85. Packing House. Upon every individual, agent or firm or agent of any packing house, and upon any and every individual agent or firm of agents of any person, firm or corporation dealing in any packing house products or goods, doing business in this State, for each place of business in each county having a city situated therein with a population of 30,000 or more, $300.00; for each pla,ce of business in each county with a population of from 15,000 to 30,000, $150.00; for each place of business in each county with a population of from 5,000 to 140 .JouuxAL OF THE SExATE, 15,000, $50.00; for each place of business in each county with a population of less than 5,000, $25.00. The paragraph \vas adopted. Par. 86. Pawn Brokers. Upon each person, firm or corporation carrying on the business of pawn brokers, for each place of business in this State, $200.00. If any pawn broker shall sell, or offer for sale, or expose in his place of business any pistol, pistol or rifle cartridges, dirk, bowie knife or metal knucks, whether sold as unredeemed pledges, or otherwise, he shall also be held subject to and required to pay the license tax required of the dealers in such articles by Paragraph 94 of this Section of this Act. The committee offered the following amendment: Committee moves to amend paragraph 86 of section 2 by striking the figures "94" in the last line of said paragraph and insert tlw figurPs "92" in lieu thereof. The amendment was adopted. The paragraph was adopted as amended. Par. 87. Photographers. Upon every daguerrean, ambrotype, photographic and similar artists carrying on the husimss of making pictures, securing negatives for pictures to be made elsewhere than in the county of his bona fidP residence, $10.00. For each county other than the county of his resirlence in which lw may cmT~- on Rnch business, $5.00. MoxDA>, NovE:VlHER :W, l!J:2::. HJ Mr. Lankford offered the following amendment: Moves to amend paragraph 87 by striking all o~ !-;aid paragraph after the figures $10.QO in line 3. The amendment was adopted. The paragraph was adopted as amended. By unanimous consent, consideration of the following paragraph was deferred: Par. 88. Peddlers. Upon every peddler or traveling vendor of any patent or proprietary medicine or remedies, or appliances of any kind or ~pecial nostrum, or jewelry, or stationery, or drugs, or soap, or of anr other kiiHl of merchandise or commodit: whatsoenr (whether herein enumerated or not), peddling or sf'lling any such goods or articles, or other merchandise, in each county, where the same or an: of thQm an JWdcllf'd, sold or offered for sale, $50.00. (b) epon ever: peddler of stoves or ranges for cooking purposes, or clocks, or albums, or pictur<' frames, for each count: wherein he may sell or offer for sale eitlwr of said articles, $25.00. (c) Upon any traveling vendor of any patent churn, or patt>nted fence, or patented agricultural implements, or tools, or other patented articles, $25.00 for each county in which he may sell or offer to sell either of the enumerated articles. (d) Lpon enry traveling vendor using boats, barges or other \Vatf'r craft for the purpose of selling goods of any kind, not prohihited by law, on the 1-!:2 .JocRXAL OF THE SEXATE, rivers or waters within the limits of this State, for each county where he may sell such wares, goods or merchandise, $50.00. The tax shall he a lien upon the boat, barge or other water craft, and its contents, without regar(l to the ownership thereof. Par. 89. Pictures or Picture Frames. Upon every person, firm or corporation who, in person or through its agent, sells and delivers photographs or pictures of any character, or picture frames, whether they make charge for such frames or not, $15.00 in each county in which this business is done. Provided, this shall not apply to regular merchants dealing in such goods at their usual place of business. The committee offered the following amendment: Committee moves to amend by striking the figures "$15.00" in line 3, of paragraph 89 and inserting in lieu thereof the figures "$100.00." The amendment was adopted. The paragraph was adopted as amended. Par. 90. Monument Dealers. Upon each firm or corporationg selling monuments or tombstones, $25.00 in each county in which they shall do business. The committee offered the following amendment: Committee moves to amend paragraph 90 of section 2 of House Bill No. 11 by striking the words "do business'! at the end of said paragraph and in- MoNDAY, NovEMBER 26, 1923. 143 serting in lieu thereof the words "have a place of business.'' The amendment was adopted. The paragraph was adopted as amended. Par. 91. Moving Picture and Vaudeville Performances. Upon each and every electric show or exhibition of moving pictures, or illustrated songs, except where given for educational purposes, and upon each place where vaudeville performances are given, whether with or without electric shows or moving pictures, for each place of business in or near towns of less than 2,000 inhabitants, $2.00 per month; in or near cities from 2,000 to 5,000 inhabitants, $2.00 per month; in or near cities from 5,000 to 10,000 inhabitants, $7.00 per month; in or near cities from 10,000 to 25,000 inhabitants, $10.00 per month; in or near cities from 25,000 to 50,000 inhabitants, $12.50 per month; and in or near cities of 50,000 or more inhabitants, $25.00 per month, except in suburbs of cities of more than 50,000, wlwre such tax shall be $12.50 per month. The committee offered the following amendment: Committee moves to amend by striking "$2.00" in line 6, in pragraph 91, and insert in lieu thereof the figures '' $3.50. '' The amendment was adopted. The paragraph was adopted as amended. JOURC\AL OF THE ~EX.-\TE, Par. 92. Pistols. Upon each and every dealer in pistols or in toy pistols which shoot cartridges, or who deal in pistol cartridges, or rifle cartridges, dirks, bowie knives or metal knucks, for each place of business in this State in or near towns or cities of 10,000 or less inhabitants, $35.00; in or near cities of over 10,000, $50.00. Provided, further, that no Confederate veteran, indigent person, or any firm or corporation shall be Pxempt from this tax. The committee offered the follmving amendment: Moves to amend paragraph 92 by striking the figures '' $35 '' in line 4 and adding in lieu thereof '' $100'' and by striking the figures ''$50'' in same line and adding '' $:200. '' The amendment was adopted. Committee mons to amend by striking the words ''on rifle cartridges'' in line 2 of paragraph 92. The amendment was adopted. The paragraph ,,as adopted as amended. Par. 93. Safes and \'aults. Upon all agents or agencies selling safes or Yaults, or vault doors or other vault fixtures, $100.00 for Pach place of business. The paragraph was adopted. Par. 94. Sanatoriums. upon hospitals and sanatoriums, or institutions of like characte>r, whether MoxDA Y, NovEl\IBI~H 26, 1923. 145 incorporated or not, conducted for gain in or near cities of more than 20,000 population, $100.00. In or near cities or towns of less than 20,000, $25.00. Provided, the above tax shall not apply to public hospitals maintained by municipal corporations for charitable purposes only. The paragraph was adopted. Par. 95. Soda Fountains. Upon each person, firm or corporation running or operating soda fountains in this State, having one draught arm or similar device used in drawing carbonated water, $5.00; and for each additional arm or device, $5.00. The paragraph was adopted. By unanimous consent, consideration of the following paragraph \Vas deferred: Par. 96. Soft Drink Syrups. Upon all persons and companies carrying on, in this State, the business of manufacturing or selling, by wholesale or retail, or distributing from any depot, car or warehouse or agenc~T' any carbonated waters, or syrups, or other articles to be used in carbonated water, or intended to be fixed with or bleJJded with carbonated water to be sold as soft drinks (not including imitations of beer, wine, whiskey, or other intoxicating liquors), as an occupation tax for the privilege of carrying on said business, au amount payable at the end of each quarter on sales up to twenty-five thousand dollars or less the tax shall be one per cent (1 ~;,) on the grm.;s receipts from said business for 146 J OURJ\" AL 0.1!' THE SEx ATE, said quarter; if the sales amount to more than twenty-five thousand and less than fifty thousand dollars for the quarter the tax shall be two per cent (2%); if the sales amount to more than fifty thousand and less than one hundred thousand dollars, the tax shall be three per cent (3?0); if more than one hundred thousand and less than one hundred and fifty thousand dollars, it shall be four per cent (4%) ; if it shall be more than one hundred and fifty thousand dollars per quarter, the tax shall be five per cent (5% ). Within three days from the end of each quarter of the calendar year each person or company engaged in said kind of business shall make returns under oath to the Comptroller-General of this State, showing the amount of said gross receipts with a detailed statement of the parties from whom said receipts are received. In case of a corporation the return shall be made under oath by the president, if a resident of this State, and if the president is not such resident, by the officer or person in charge of the business of said corporation in this State. l'pon faiiure of any person required by this paragraph to make such returns within ten days after tlw expiration of such quarter, he shall be guilty of a misdemeanor, and shall be liable to indictment and be punished as now provided in cases of misdemeanor. Upon the making of such returns, the person or company liable to said tax shall pay the same to the Comptroller-General, and upon failure to pay the same, the Comptroller-General shall issue an execution for said tax against the property of the person or company lia- MoNDAY, NovEMBER 26, 1923. 147 ble to said tax. If no returns be made, or if the Comptroller-General believes said returns are false, the Comptroller-General- shall ascertain the amount of said gross receipts from the best information in his power and assess the tax accordingly, after giving the company or person liable to said tax at least five days' notice of the time of assessing said tax, and issue his execution accordingly against the person or corporation carrying on said business. Any person, company or agent carrying on any kind of business specified in this paragraph, after failure to pay the tax herein levied for any preceding quarter during which he or it was liable to tax, shall be guilty of a misdemeanor. It is hereby enacted that all of said taxes received or collected under this paragraph shall be paid into the State Treasury. It is also enacted that any per son or company paying the tax herein levied shall be relieved of any and all occupation tax or licens<' fees to the State under existing laws on or for the kind of business specified in this paragraph. Provided, however, that said tax shall be collected upon said syrup or carbonated water only once, and shall be paid by the wholesale dealer in said syrup if sold within the confines of this State by such wholesale dealer; and if said syrup or carbonated water shall be purchased by the retail dealer without the limits of this State and shall be shipped to a point within the limits of this State, the same shall be taxed in the hands of such retail dealer, and for the purposes of this tax the price paid for such syrup or carbonated wat<'r shall determine the receipts for the same. .JouR~-~ OF THE SE!'ATE, Par. 97. Hotels. L"pon every person, firm or corporation operating a hotel in counties of over 30,000 inhabitants, a tax of $1.00 for each sleeping room per annum, and in counties of less than 30,000 inhabitants, 50 cents per annum for each sleeping room. The paragraph was adopted. Par. 98. Cafes and Restaurants. Upon ever~ person, finn or corporation, except hotels, operating any cafe, restaurant or lunch room with five or more tables, $10.00; ten or more tables, $25.00; twentyfive tables or more, $50.00; fifty tables or more, $100.00. Provided, however, that four seats or stools shall be construed to constitute a table. On all persons engaged in operating wiener stands, in towns or cities of a population of 20,000 or less, $5.00 for each such place of business; in cities of more than 20,000 population, $10.00 for each such place of business. The paragraph was adopted. Par. 99. Street Carnival. Upon every midway combination of small shows, or street fair or street carni\al, the sum of $25.00 each week or fractional part thereof, for each separate tent, enclosure or place where an admission fee is charged or collected either directly or indirectly, to witness or hear any performance, or \Yhere anything may be Pxhibitecl for admission or ticket; and upon every merry-go- MoNDAY, NovKMBER 26, 1923. 149 round or flying horse, accompanying any midway combination, street fair or street carnival, in each city or town in this State in which it does business, or in each county where they may operate outside of the limits of any city or town in this State, $25.00. Provided, that should the said midway combination, or any of them specified above, be held in connection with county, district, or State Agricultural fairs of this State and under the direction of, and within the grounds at the time of holding said fairs, the whole amount of tax for said attraction when so held shall be $25.00 per week or a fractional part thereof. The paragraph was adopted. Par. 100. 'l'ank aml Pumping Systems. Upon each person, firm or corporation selling or dealing in tanks and pumps, or tanks or pumps for oil, gasoline or kerosene or other like fluids, $50.00 for each place of business. The paragraph was adopted. Par. 101. Trading Stamps. Upon all trading stamp companies, or dealers in trading stamps, $50.00 for each place of business. The paragraph was adopted. Par. 102. Steamship Companies. Upon all steamship and steamboat companies located in this State, $100.00. The paragraph was adopted. 150 JOURNAL OF THE SENATE, Par. 103. Undertaking. Upon t>ach person, firm or corporation 'vhose business is that of burying the dead and charging for same, commonly known as undertakers, in or near cities of more than 50,000 inhabitants, $200.00; in or near cities from 10,000 to 50,000 inhabitants, $100.00; in or near cities from 5,000 to 10,000 inhabitants, $50.00; in or near cities or towns of from 2,500 to 5,000 inhabitants, $20.00; in or near towns of less than 2,500 inhabitants, $10.00 for each place of business. The paragraph was adopted. Par. 104. \Varehouses, Cotton. Upon each person, firm or corporation operating a warehouse or yard for the storage and handling of cotton for compensation, license taxes as follows: where not less than 500 or more than 5,000 bales are handled in one year, $10.00; where not less than 5,000 nor more than 10,000 bales are handled in one year, $25.00; where not less than 10,000 nor more than 20,000 bales are handled in one year, $50.00; where not less than 20,000 bales nor more than 30,000 bales are handled in one year, $100.00; where more than 30,000 bales are handled in one year, $200.00. The paragraph was a(lopted. Par. 105. \Varehouses, Merchandise, etc. Upon each person, firm or corporation operating a warehouse or yard for storage of goods, wares or merchandise and farm products other than cotton and charging for the same, $25.00. ProYided, that any warehouse that pays taxes as provided by para- Mo~DAY, NovEMBER 26, 1923. 151 graph 106 of this section shall not be subject to tax required by this paragraph. The paragraph was adopted. Par. 106. Waterworks. Upon each person, firm or corporation dealing in, as manufacturers of or agents for any waterworks system, whether the power operating same is derived from a windmill, hydraulic, gas or similar engine or electrical apparatus, the sum of $100.00 in each county wherein such business is carried on. The paragraph was adopted. Par. 107. Dealers in Fish. Upon each person, firm or corporation engaged in the business of packing or shipping oysters, shrimp or fish, $50.00 for each county. The paragraph was adopted. Par. 108. Patent Rights. Upon each person, firm or corporation selling patent rights in Georgia, the sum of $50.00 for each county in which said business is carried on. The paragraph was adopted. Par. 109. Commercial Reporting Agencies. Upon each person, firm or corporation engaged in the business of a commercial reporting agency, in each county in the State where they have an office or branch office, $125.00. The paragraph was adopted. 152 JoeRXAL oF THE SEXATE, Par. 110. Stevedores. rpon each person, firm or corporation eng-aged in the business of a stevedore, the sum of $100.00 for each place of business. The paragraph was adopted. Par. 111. Salary and \Vage Bu;-(rs. Upon each person, firm or corporation or partnership buying salary and wage accounts, an(l all negotiable papers, $100.00 for each office and plact of husiness maintained. The paragraph was adopted. Par. 112. Carbonic Acid Gas. Each person, firm or corporation engaged in the business of manufacturing or rending soft drinks made of or containing carbonic acid gas or any substitute therefor shall pay as a privilege license to carry on such business 4 cents on each pound of carbonic acid gas, or any substitute therefor so used. Provided, that bottled drinks on which the license shall have been paid may be resold in original packages without the payment of any further license under this schedule. Each person, firm or corporation engaged in such business shall keep accurate books and invoices showing the quantity of carbonic gas or any substitute therefor used in such business, and to such other information relating to the business as may be re- quired by the Comptroller-General to enable the State tax officials to check up the returns herein required. At the end of each calendar quarter period every person, firm or corporation engaged in such husinE>ss shall mah a report to the Comptroller-Gen- 1\lue\ UA1, KovE:HHEH :26, 1~!:2:\. 15:-l eral on blanks to be furnished by the ComptrollerGeneral, showing the amount of carbonic gas or other substitute therefor consumed during the preceding quarter, and such other information as the Comptroller-General may require, verified by affidavit, and shall with such report remit the license herein provided for each pound of carbonic acid gas or other substitute therefor consumed, as shown by the report, and such remittance shall be paid into the State Treasun. If such report and remittance is not made within fifteen days after the end of the calendar quarter, there shall be added to the sum due for such license for the preceding quarter ten per cent additional license. The tax officials of the State shall haYe authority to examine the books and papers of any one engaged in such business for the purpose of ascertaining the correctness of all reports and remittances. Any person wilfully failing or refusing to make the reports and remittances herein required shall be guilty of a misdemeanor, and any person wilfully making a false affidavit as to any report herein required shall be guilty of perjury. The paragraph was adopted. Par. 113. Toll Bridges. Upon all persons or corporations operating ferries as toll bridges, $25.00 each. Said tax to be paid to the collector of the county in which the owner lives. Provided, that this tax shall not be required of any ferry or toll bridge the receipts from which do not amount to $500.00 p2r annum. The committee offered the following amendment: 154 JouRXAL OF THE SEXATE, Moves to amend paragraph 113 by striking all of said paragraph and adding in lieu thereof the following: "L'pon all persons or corporations operating ferries or toll bridges the receipts from which amount to more than $25,000, $500; and between $10,000 and $25,000, $250; and between $500 and $10,000, $50; provided that this tax shall not be required of any ferry or toll bridge the receipts from which do not amount to $500 per annum.'' Mr. Parker offered the following substitute to the committee amendment: Moves to substitute for the amendment to paragraph 112 the following: "Upon all persons, firms, or corporations operating toll bri1lges or ferries the receipts from which amount to more than $25,000, $500.00; and between $10,000 an1l $25,000, $250.00, and between $3,000 and $10,000, $50; and between $3,000 and $500, $15; Provided, that this tax shall shall not be required of any ferry or toll bridge the receipts from which do not amount to $500 per annum.'' The substitute was adopted. The amendment was adopte(l by substitute. The paragraph was adopted as amrwled. Par. 114. Beauty Parlors, Etc. Upon each beauty parlor or shop, chiropodist or manicure shop~ $10.00 for each placP of husiness. Provided, that MoxDAY, NoYEMBER 26, 1923. 155 this tax shall not apply to manicure shops operated in connection with barber shops. Mr. Pace offered the following amendment: Amend Par. 114, Sec. 2, House Bill11, by striking the word ''chiropodist.'' The amendment was adopted. The paragraph was adopted as amended. By unanimous consent, consideration of the following paragraph was deferred: Par. 115. Swimming Pools. Upon each and every person, firm or corporation operating a swimming pool where admission fees are charged, or upon persons, firms or corporations keeping and renting bathing suits for hire, $20.00 in counties of over 50,000 population, and $10.00 in counties of under 50,000. Provided that this section shall not apply to swimming pools operated by municipalities. By unanimous consent, final action on section 2 was deferred. The following sections were read and taken up for consideration: Section 3. Dogs. All dogs are hereby made personal property and shall be given in and taxed as the other property of this State is given in and taxed, such tax to be enforced by levy and sales as other taxes are collected, and not to interfere with 156 JouRXAL OF THE SEXATE, the imposition and collection of any municipal taxes on dogs, 'vhether such dog or dogs be owned by the taxpayer, his wife or minor children. Mr. Lankford offered the following amendment: Moves to amend by striking section 3 and renumbering the remaining sections accordinglr. The amendment was adopted and the section was stricken from the bill. Section 4. Sewing Machines. t:pon every sewing machine company selling or dealing in sewing machines by itself or its agents in this State, and all wholesale and retail dealers in sewing machines, selling machines manufactured by companies that have not paid the tax herein, $400.00 for each fiscal year or fraction thereof, to be paid to the Comptrol- ler-General at the time of commencement of business, and said companies or dealers shall furnish tlw Comptroller-General with a list of agents authorized to sell machines of their manufacturl' or under their eontrol, and shall pay to said Comptroller-General the sum of $10.00 for each of said agents for the fiscal year or fractional part thereof, for each county in which said agents (lo business for said company. Upon the payment of said additional sum the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State. Before doing business under this Act, all sewing machine agents shall be required to register their names with the Ordinaries of those counties in which they intend to operate and exhibit to said Ordinaries their license from the Comptroller-General MoNDAY, NovEMBER 26, 1923. 157 and to keep such license posted on their vehicles, or at their place of business. wholesale or retail dealers in sewing machines shall be required to pay the tax proYided herein for each manufacturer of sewing machines sold by them, except where the tax required by this Act has been paid by said manufacturer. All unsold sewing machines belonging to sewing machine companies, dealers, or their agents, in posses-sion of said companies, dealers, their agents or others, shall be liable to seizure and sale for payment of such fees, license or tax. Any person who shall violate the provisions of this section shall be liable to indictment for a misdemeanor, and on conviction shall be punished as prescribed in Section 1065, Volume 2, of the Code of 1910. None of the provisions of this section shall apply to licensed auctioneers selling second-hand sewing machines, or to officers of the law under legal process, or to merchants buying and selling machines on which a license tax has been paid as herein provided, and who keep the machines and sell and delinr them at their places of business, such sales not being on a commission. Provided, that if said merchant shall employ an agent or agents to deliver or sell the machines, the provisions of this shall apply to said agent or agents. The section was adopted. Section 5. Taxes, How Returned. Be it further enacted by the authority aforesaid, That the tax provided for in Section 4 requires return made to tlw Comptroller-General as under the old law. The tax required hy Paragraphs :~ and 4 of Section 2 of this 158 JouRXAL OF THE SE~ATE, Act, shall be returned to the receiver of tax returns in the county of the residence of the person liable to such tax and shall be entered by the receiver upon the digest of taxable property. In the case of the tax imposed upon foreign corporations by Par. 52 of Section 2, and the tax imposed by Par. 82, upon manufacturers of machinery and implements; upon soft drink syrups, by Par. 98, and upon carbonic acid gas by Par. 114, the return is requir:ed to be made, and the tax paid to the Comptroller-General. The tax imposed upon Legislative Agents by Par. 73 of Section ~ shall be paid to the Secretary of State when each person registers, and he shall not be allowed to register until such tax is paid. All other taxes enumerated and set forth in Section 2 of this Act shall be returned and paid to the tax collector of the county where such vocations are carried on. The committee offered the following amendments: Committee moves to amend section 4 of House Bill No. 11 by striking the words ''liable to indictment for'' appearing in line 20 of said section and inserting in lieu thereof the following: ''guilty of.'' The amendment was adopted. Committee moyes to amend section 5 by striking the entire section and inserting in lieu thereof the following: "Be it further enacted by the authority aforesaid, That the tax provided for in section 4 requires return made to the Comptroller-General in accorrlancf~ .MoxDAY, KovE~IBER 26, 19:23. 159 with the law of Georgia. The tax required by paragraphs 3 and 4 of section :2 of this Act, shall be returned to the receiver of tax retm:ns in the county of the residence of the person liable to such tax and shall be entered by the receiver upon the digest of taxable property. ''In the case of the tax imposed upon foreign cor- porations by paragraph 49 of section 2, and the tax imposed by paragraph 80, upon manufacturers of machinery and implements; upon soft drink syrups, by paragraph 96, and upon carbonic acid gas by paragraph 112, the return is required to be made, and the tax paid to the Comptroller-General. The tax imposed upon legislative agent by paragraph 71 of section 2 shall be paid to the Secretary of State when each person registers, and he shall not be al- lowed to register until such tax is paid. All other taxes enumerated and set forth in section 2 of this Act shall be returned and paid to the tax collector of the county where such vocations are carried on.'' ~.~~ ,..,~~- '7'l ...-.,;.;~,. ''!'' _ _.,.. .. ~r--"' ;.1~: The amendment was adopted. The section was adopted as amended. Section 6. Taxes, How Paid. Be it further enacted by tlw authority aforesaid, That the taxes provided for in this Act shall be paid in full for the fiscal year for which they are levied, and except where otherwise provided, said taxes shall be paid to the tax collectors of the counties where such vocations are carried on, at the time of commencing to do businesf;. Before any JHrson shall be authorized to open up or carry on said husiness, they shall go 160 .JOURXAL OF THE SEXATE, before the Ordinary of the county in which they propose to do business and register their names, the business they propose to engage in, the place where it is to be conducted; and they shall then proceed to pay the tax to the collector, and it shall be the duty of said Ordinary to immediately notify the tax collector of such registration, and at the end of each quarter to furnish the Comptroller-General with a report of such special tax registration in his office. Any person failing to register with the Ordinary, or having registered, failing to pay the special tax as herein required, shall be liable to indictment for misdemeanor, and on conviction shall be fined not less than double the tax, or be imprisoned, as prescribed by Section 1065 of Volume 2 of the Code of 1910, or both, in the discretion of the court; one-half of said fine shall be applied to the payment of the tax and the other to the funds of fines and forfeitures for the use of the officers of the court; provide.d, however, that in all counties of this State where the officers of the Superior Court, or City Court, are now or may hereafter be upon tlw salary basis, the other half of the fine shall be paid into the treasury of such counties and shall become the property of such counties. 'rhe committee offered the following anwnclment: Committee amends section 6 of Hou~e Bill No. 11 by striking the words "liable to indictment for" appearing in line 13 of said section and inserting in lieu thereof the following: ''guilty of a.'' The ameJHlmeJit was adopted. Moxm.Y, Kon::-.IBEH :26, Hl:2i~. 161 The section was adopted as amended. By unanimous consent, consideration of the following section was deferred: Section 7. Insurance Companies. Be it further enacted by the authority aforesaid, That all foreign and domestic insurance companies doing business in this State shall pay two (21o) per cent upon gross premiums on business done in this State for the year, with no deduction for dividends, whether returned in cash or allowed in payment or reduction of premiums, or for additional insurance; nor shall any deduction be allowed for premium abatements of any kind or character, or for reinsurance, or for cash surrender values paid for, or for losses, or expense of any kind, said tax being imposed upon gross premiums without any deductions whatsoever except for premiums returned on change or rate or canceled policies. Provided, that local organizations known as Farmers' Mutual Insurance Companies, operating in not more than four counties, shall not be subject to this tax. Every insurance company organized under the laws of this State and doing business on the legal reserve plan, shall be required to return for taxation all of its real estate as other real estate is returned, and all of the personal prop2rty owned by it shall be ascertained in the following manner: J;"'rom the total value of the assets held by the company, both real and personal, shall be dt'ducted the assessed value of all real estate owned b~ the company in this State, the non-taxilble funds deposited by the company with the ~tate Treasurer, and the amount of the reserYe or net value of the 162 JorRxAL OF THE SExATE, policies required by law to be held by the company for its policyholders, and which belong to such policyholders; the remainder shall be the value of the personal property owned by and taxable against such companif'R. Section 8. Manufacturing Companies. Be it further enacted by the authority aforesaid, That the president, superintendent or agents of all manufacturing and other companies, whether incorporated or not (other thim railroad, telegraph, telephone, express, sleeping and palace car companies, and such other companies as are required to make return of the value of their franchise to the Comptroller-General under the provisions of the Act approYed December 17, 1902, entitled, an Act to provide for and require the payment of taxes on franchises, and to provide the method for the return and payment of said taxes), and all persons and companies conducting businf'ss enterprises of e\ery nature whatsoever, shall return for taxation at its true market nllue all of their real estate to the tax rt>ceiver of the county wherein said rf'al estate is located. ProvidP laws of this State now existing. The president of every manufacturing company in this State, and agent, general manager or person in possession or charge of the business and property in this State of any non-resident person, firm or corporation, shall be required to answer under oath in addition to those provided by law, the following questions: l. what is the fair market value of the real estate company you represent, including the buildings thereon? 2. 'Vhat IS the fair market value of ~our machinery of ever~ kind~ :~. What is the fair market value of the real estate not used in the conduct of the business of your company? -t "rhat is the fair market value of raw materials on hand on the day fixed for the return of propert~ for taxation? 5. 'Vhat is the fair market value of manufactured goods or articles on hand on the day for the return of property for taxation, whether at your principal office or in the hanr-General, and the laws now in force proYiding for the taxation of railroads in this State, shall be applirable to the assessments of taxes from said busiliPSs as aboYe stated. 2. Sleeping Car CompaniPs. That each non-resident person or company whose sleeping cars are run in this State shall be taxed as follows: Ascertain the whole number of miles of railroads oYer which sleeping cars are run and asc<>rtain the entire value of all sleeping cars of such person or company, then tax such sleeping cars at the regular tax rah imposed upon the property of this State in the samt~ proportion to the entire Yalue of such sleeping cars that the length of lines in this State over which such cars are run, bears to the length of lines of all railroads over which such sle('ping cars are run. The returns shall be made to the Comptroller-General by the president, general agent, agent or person in control of such cars in this State. The ComptrollerGeneral shall frame such questions as will elicit the information sought, aml answers thereto shall be made under oath. If the officers above referred to in control of the said sleeping cars shall fail or refuse to answer, under oath, the questions propounded, the Comptroller-Gt>neral shall obtain the information from such sources as he may, and he shall assess a double tax on such sleeping cars. If the taxes herein proYided for are not paid, the Comptroller-General shall issue executions against the owners of such cars which may be levied by the sheriffs of any county in this State upon the sleep- Mo:-;DAY, NoYE:\IBEH 26, 1923. Hi7 ing car or cars of the owners, who has failed to pay the taxes. In addition to the taxes herein abov(> provided for, said sleeping car companies shall pay an additional tax in the nature of an additional franchise tax in the amount of all surcharges received and collected by them from their patrons and which said tax shall be payable out of the sum so col.lected as surcharges from their patrons and not payable out of the regular rates received and collected by said companies or sleeping car fare from their patrons. 3. Equipment Companies. Any person or persons, co-partnerships, company or corporations, wherever organized or incorporated, owning or leasing or furnishing or operating any kind of railroad cars except dining, buffet, chair, parlor, palace, or sleeping cars, which cars are operated, or leased or hired to be operated, on any railroad in this State, shall be deemed an equipment company. Every equipment company, as herein defined, shall be required to make returns to the Comptroller-General, and shall be taxed as follows: Ascertain the total number and the value of all cars of such equipment company, the total car wheel mileage made by said cars in the United States, and the total car wheel mileage in Georgia. Then tax such cars at the regular rate imposed upon property of this State in the same proportion to the entire value of such cars that the car wheel mileage made in Georgia bears to the entire car wheel mileage of said cars in the United States. The returns shall be made to the Comptroller-General by the president, Hi8 general manager, agent, or person in control of such cars, and the Comptroller-General shall frame such questions as will elicit the information sought, and answers thereto shall be made under oath. If the officers above referred to in control of said cars shall fail or refuse to answer under oath the questions propounded, the Comptroller-General shall obtain the information from such sources as he may, and he shall assess a double tax on such cars. If the taxes herein provided are not paid, the ComptrollerGeneral shall issue executions against said equipment company, which may be levied by the sheriff of any county in this State upon any car or cars owned, leased, or operated by the company failing to pa;y the tax. The committee offered the following amendment: Committee moves to amend House Bill No. 11 by striking all of paragraph :2 of section 9 after the word ''taxes'' in the 30th line of said paragraph. The amendment was adopted. The section waR adopted as amended. Section 10. Railroad Returns and by \Vhom Made. Be it further enacted by the authority aforesaid, That the presidents of all railroad companies doing business in this State shall make returns to the Comptroller-General in the manner provided by law for the taxation of the property or the gross receipts or net income of such railroads and shall pay the Comptroller-General all the tax to which such Mo~DAY, NovEMBER 26, 1923. 16!1 property or gross receipts or net income may be subject according to the provisions of this Act and the laws of force relating to the tax on railroads, and on failure to make returns or refusals to pay tax, said company shall be liable to all the penalties now provided by law, and the Comptroller-General is hereby required upon failur0 of such companies to make returns, or if made and not satisfactory to said officer, to proceed against such companies as provided in Section 1050 of the Code of 1910, Volume 2. The section was adopted. Section 11. Banks. Be it further enacted by the authority aforesaid, That no tax shall be assessed upon the capital of banks or banking associations, organized under the authority of this State or of the United States, located within this State, but the shares of the stockholders of the banks or banking associations, whether resident or non-resident owners, shall be taxed in the county where the banks or banking associations are located and not elsewhere, at their full market value including surplus and undivided profits, at the same rate provided in this Act for the taxation of other property in the hands of private individuals. Provided, that nothing in this section contained shall be construed to relieve such banks or banking associations from the tax on real estate held or owned by them, but they shall return said real estate at its fair market value in the county where located. Provided, further, that where real estate is fully paid for, the value at which it is returned for taxation may be deducted 170 JouRNAL oF THE SENATE, from the market value of their shares and if said real estate is not fully paiu for, only the value at which the equity owneu by them therein is returned for taxation shall be deuucted from the market value of their shares. The bank or banking associations themsdye~ shall make the returns of the property and the shares therein mentioned and pay the taxes herein provided. Branch banks shall be taxed on the value of the capital employelliug au~ such goo~ls or articles, or TuESDXY, KoYEl\IBER 27, 1923. 179 other merchandise, in each county where the same or any of them are peddled, sold or offered for sale, $50.00. (b) Upon every peddler of stoves or ranges for cooking purposes, or clocks, or albums, or picture frames, for each county wherein he may sell or offer for sale either of said articles, $25.00. (c) Upon any traveling Yendor of any patent churn, or patented fence, or patented agricultural implements, or tools, or other patented articles, $25.00 for each county in which he may sell or offer to sell either of the enumerated articles. (d) Upon every traveling vendor using boats, barges or other water craft for the purpose of selling goods of any kind, not prohibited by law, on the rivers or waters within the limits of this State, for each county where he may sell such wares, goods or merchandise, $50.00. The tax shall be a lien upon the boat, barge or other water craft, and its contents, without regard to the ownership thereof. The Committee offered the following amendment: Moves to amend subsection b, of paragraph 88 of Section 2 of House Bill No. 11, by striking out of line 9 of said paragraph the figures '' $25.00'' and inserting the figures '' $100.00. '' The amendment was adopted. Mr. Hamby offered the following amendment: Amend Par. 88 by adding a subsection to said paragraph to be subsection (e) as follows: 180 JouRXAL oF THE SENATE, " (e) Upon every traveling or itinerant vendor using motor vehicles from which merchandise is sold and known as 'stores on wheels' or 'intinerant stores' or 'traveling stores' the following special tax, for each county in which such merchandise is sold, is hereby imposed, to wit: for each vehicle of not more than one (1) ton capacity, $100.00; for each vehicle of from one (1) to one and one-half (1;2) tons capacity, $150.00; for each vehicle of from one and one-half (11;2) to two (2) tons capacity, $200.00; for each vehicle of from two (2) to two and one-half (2lj2 ) tons capacity, $250.00; and for each vehicle of more than hvo and one-half (2%) tons capacity, $300.00; Provided, that this subsection shall not apply to the sale of agricultural or other products exempt from special tax under general laws of this State.'' The ~mendment was a, NmE:viBER 27, 192:J. 181 merchandise, except as provided in above section or paragraph 88, or commodity whatsoever (whether herein enumerated or not) peddling or selling any such goods or other merchandise in each county where the same or any of them are pe of ratP or canceled policies. Provided, that local organizations known as Farmers' }futual lnsunmce Companies, operating in not more than four counties, shall not be subject to this tax. ~J,er~ insurance company organized under the laws of this State and doing business on the legal reserve plan, shall he required to return for taxation all of its real estate as other real estate is returned, and all of the personal property owned by it shall be ascertained in the following manner: From the total nllue of the assets held by the company, both real and personal, shall he (lerty owned by and taxahle against such companies. The committee offered the following substitute: House Bill No. 11, Section 7, Insurance Compames. "(1) Be it further enacted by the authority aforesaid, That all foreign and tlomestic insurance companies doing business in this State shall pay one and one-half (llj~~'C) per cent upon gross premiums on business clone in this State for the year, with no deduction for dividends, whether returned iu cash or allowed in payment or re(luction of pr<>miums, or for additional insurance, nor shall an~, de(luction he allowed for premium abatements of any kind or character, or for reinsurance, except in companies authorized to do business in Georgia, or for cash surrender values paid, or for losses, or expenses of any kind, said tax being impost>d upon gross premiums without any deductions whatever except for premiums returned on change of rate and canceled policies and on reinsurance as ahove provided. Provided, that local organizations known as Farmers' Mutual Insurance Companies, operating in not more than four counties, shall not be subject to this tax. "(2) Every insurance company incorporated under the lmn; of this State and doing business on tlw lt>gal resPrve plan, shall be required to return for taxation all of its real estate as other real estate is returned, and all of the personal property owned h~- it shall be ascertained in the following manner : From the total value of the assets held b~- the compan~-. both real and personal, shall be c1ednct0<1 tlw HSSPS:owd valn<' of all real estate owned 190 JouR.:\AL oF THE SEKATE, by the company in this State, the non-taxable funds deposited by the company with the State Treasurer, and the amount of the reserve or net value of the policies required by law to be held by the company for its policyholders, and which belong to such policyholders; the remainder shall be the value of the personal property owned by and taxable against such companies. "(3) That whenever any lmmrance Company doing business in this State shall make it appear by proof to the Insurance Commissioners that onefourth of the total assets are invested in any or all of the following securities or property, to wit: Bonds of this State, or of any county or municipality of this State, property situated in this State and taxable therein, loans securetl by liens on real estate situated in this State, or policy loans by insurance policies issued by such company on li\es of persons resident of this State, then the premium tax levied by the first paragraph of this section shall be abated or reduced to one per centum upon the gross receipts of such company and if the amounts so invested by any such company shall be as much as three-fourths of the total assets of such company, then said premium tax shall be abated or reduced to one-fourth of one per centum upon such gross receipts of such company." The committee offered the following amendments to the substitute: Committee moyes to amend substitute for Section 7 of House Bill No. 11 by striking the words TuESDAY, NovEMBER 27, 1923. 191 ''on business done'' and inserting in lieu thereof the words ''received by them.'' The amendment was adopted. Committee moves to amend substitute for Section 7 of House Bill No. 11 by striking the words ''authorized to do'' appearing in the 9th line of said substitute and inserting in lieu thereof the word ''doing.'' The amendment was adopted. Committee moves to amend Section 7 of substitute to House Bill No. 11 by adding the following words after the word "tax" in line 16 of said substitute of Section 7: "Provided, further, that mutual fire insurance companies chartered by this State which require their members to make premium deposits to provide for losses and expenses, and which premium deposits are used wholly for the payment of losses and expenses and returned to .the policyholders or held to pay losses and expenses and as reinsurance reserves, shall not be subject to this tax.'' The amendment was adopted. The substitute was adopted as amended. The section was adopted by substitute as amended. Mr. King offered the following amendment to House Bill No. 11 : 192 JoeRXAL OF Tim SEXATE, Amend the General Tax Bill by striking the word "indictment" wherever it occurs in said bill and inserting in lieu thereof the word ''prosecution.'' Th0 amendm0nt "\Yas adopted. Mr. Johns offere1l the following amendment: Amend c:1ption of House Bill Xo. 11 b~, striking the word ''to'' in line one (1) hetween the word ''Act'' and ''annually.'' The amenrlmcnt was adopted. The report of the committ0e, which was fayorable to the passage of the bill, was agreed to ns amended. On the passage of the bill, the ayes "\Yere 33, nays :1. The bill haYing received the requis.ite constitutional majority, "'aS passed. Mr. Phillips moYNl that the Sl'nate clo now adjourn. The motion prevailed. The Presiclt>nt declared the Senate acljoumed until 10 o'clock A. M. tomorrow mormng. 'VEDXEoDAY, No\"El\IBER :2t), 1923. 193 SENATE CHAMBER, ATLANTA, GA. WEDNESDAY, NovEMBER 28, 1923. 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: Adams, J. H. Hodges, W. R. Beauchamp, J. C. Boyd, B. W. Cason, Allison M. Chastain, J. B. Coates, Howard E. Horn, J. Luther Hullender, W. C. Johns, G. A. Johnson, Emmett F. Keith, G. J. Kennedy, Dr. W~ B. Davis, John Camp Kennon, J. H. Duke, Joseph B. Ficklen, Boyce, Sr. :f$:ing, E. R. Lankford, G. w. Garlick, Carroll B. Latimer, P. B. Garrison, J. M. Little, W. R. Grantham, E. L. Loftin, Frank Green, Dr. Thomas E. Mason, 'I'. S. Hamby, R. E. A. Miller, E. C. Henderson, A. H., Jr. Moore, Louis S. Morgan, Henry C. Mundy, W. W. McLeod, A. X. Owens, \V. B. Pace, Stephen Parker, C. H. Phillips, John R. Redwine, C. D. Smith, Ernest M. Smith, Fred A. Spence, Dr. J. M. \Vh1trrker, Arthur Mr. President Mr. Johnson, 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. Mason of 30th District, Chairman of the 194 JouRXAL OF THE SENATE, Committee on Finance, submitted the following report: illr. President: Your Committee on l~'inance have had under consideration the following Senate bill and have instructed me as chairman to report the same back to the Senate with the recommendation that the same do pass as amew1ed by the committee: Senate Bill No. 3. MASON, Chairman. Mr. Mason of 30th District, Chairman of th( Committee on :F'inance, submitted the following report: 1Ur. President: Your Committee on Finance have had under consideration the following bill of the House of Representatives, and haYe instructed me as chairman to report the same back to the Senate with the recommendation that the same do not pass: House Bill No. 30. MAsON, Chairman. Mr. Smith of 35th District, Chairman of the Committee on Constitutional Amendments, submitted the following report : Mr. President: Your Committee on Constitutional Amendments have had under consideration the following resolu- \VEDNESD.n, NovEMBER 28, 1923. 195 tion of the Senate and have instructed me as chairman to report the same back to the Senate with the recommendation that the same do pass by substitute: Senate Resolution No. 6. A resolution proposing an amendment to the Constitution of the State providing for a State Budget Commission, and for other purposes. SMITH, Chairman. 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: By Messrs. Hillhouse of vVorth, New of Laurens and others- House Resolution No. 22. A resolution that when the General Assembly adjourn to-day it stand adjourned until Monday morning, December 3d, 1923, at 10 :00 o'clock. The following message was received from the House through Mr. Moore, the Clerk thereof: Mr. President: The House has passed as amended by the requisite constitutional majority the following hill of the Senate, to wit: 196 JouRXAL OF THE SEx.\TE, By Mr. Lankford of the 15th- Senate Bill No. 2. A bill to amend the Constitution so as to authorize the levy of a tax upon incomes. The following resolution was read and adopted: A RESOLUTION. -Whereas, it is fitting and proper that the General Assembly of Georgia adjourn for tomorrow, the same being Thanksgiving Day, in order that the membe~s n~ay be allowed to be with their families, and as the day following is Friday it is not likely that anything worth while could be done by reconvening on Friday. Therefore be it resohecl by the House of Representatives, the Senate concurring, That when the respective branches of the General Assembly acljoum today that they stand adjourned until Monday, December 3cl, 19:23, at 10 o'clock. Under the regular order of business, the following resolution was read the third time and put on its passage: By Mr. Pace- Senate Resolution No. 6: A BILL To be entitled ''An Act to amend Section Seven (7) of Article Three Un of the Constitution of \VED:\ESDAY, Non;::\IBEH 2~, 1923. Hli the State of Georgia by adding thereto a new paragraph to be known as Paragraph Twentyfive (25), providing for the creation of a State Budget Commission, and prescribing its powers and duties, and what majority of each house of the General Assembly shall be necessary to increase, to decrease or to defeat any appropriation contained in the budget prepared by such Commission, or when any appropriation is recommended by such Commission, or when any appropriation has not been recommended by such Commission.'' Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section Seven (7) of ~lrticle Three (3) of the Constitution of the State of Georgia be and the same is hereby amended by adding thereto a new paragraph to be known as Paragraph Twenty-five (25), which shall read as follows: ''A State Budget Commission shall be created by the General Assembly under general laws, a majority of whose members shall be members of the General Assembly, and the Governor shall be a member thereof. The State Budget Commission shall make up a budget to include appropriations for each of the State departments and institutions, and all other appropriations, including special appropriations, to present to the General Assembly for its consideration at each session thereof. It shall require a two-thirds majority of those voting upon the question in each house, which majority shall also be a majority of the membership of each 198 Jot:HXAL OF THE SENATE, house, to increase any item in such budget, or to add a new item to the same, or to pass any special appropriation bill not recommended by such Commission, but a majority vote of those voting upon the question in either house may decrease any item in such budget or any special appropriation bill, ol may defeat same." Sec. 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by a two-thirds vote of the members elected to each house, it shall be entered upon the journal of each house with the "ayes" and "nays" thereon and published in one or more newspapers in each congressional district in said State for two (2) months previous to the time for holding the next general election and shall, at the next general elec- tion, be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: ''For ratification of amendment to Section Seven (7) of Article Three (3) of the Constitution of Georgia by adding a ne"\Y paragraph to be known as Paragraph Twenty-five (25), providing for the creation of a State Budget Commission and prescribing its powers and duties;'' and all persons opposetl to the adoption of said amendment shall have written or printed on their ballots the words: ''Against ratification of amendment to Section Seven (7) of Article Three (3) of the Constitution of Georgia by adding a new paragraph to be known as Paragraph Twenty-five (25), providing for the creation of a State Budget Commission \VEoxE:->n.\Y, NoYE:>.IBER ~8, HJ23. Hm and prescribing its powers and duties;'' 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 shall be consolidated, as now required by law in elections for members of the General Assembly, and returns of said election shall be made to the Secretary of State, who shall certify the same to the Governor, and it shall be the duty of the Governor to declare the result of said election, and in case said amendment is ratified by a majority of those voting in said election, he shall issue a proclamation declaring said amendment adopted. Mr. Mason asked unanimous consent to be allowed to cast his vote at this time and retire from the Senate chamber. The consent was granted. The committee offered the following substitute: A RESOLUTION Proposing to the people of Georgia an amendment to Article 7 of the Constitution of the State of Georgia, so as to provide for the establishment of an InYestigating and Budget Commission, to (lefine the power and duties of said Commission, to regulate the making of appropriations by the General Assembly, and for other purposes. Be it resolved by the Senate, the House of RepresentatiYes concurring, That the following amendment to the Constitution of the State of Georgia be, :200 .J('e(ling- day's business was dispensed with. The following resolution was read the first time and referred to the committee: 204 JoL"RXAL OF THE SEXATE, By Mr. Pace- Senate Resolution No. 10. A resolution adjourning sine die Friday, December 7, 1923. Referred to the Rules Committee. Mr. Phillips asked unanimous consent that Senate Resolution No. 6 known as the Budget and Investigation Resolution be taken from the table and placed on the calendar. Mr. Hodges objected. Mr. Phillips moved that Senate Resolution No. 6 be taken from the table and placed on the calendar. The motion prevailed. Under the regular order of business, the following bill, adversely reported, was taken up for consideration: By Mr. Knight of Berrien and othersHouse Bill Ko. 30. A bill to r!'peal what is known as the ''Tax Equalization Law,'' and for other purposes. Mr. Johns moved that consideration of this bill be deferred until tomorrow morning- at 11 o'clock A. M. The motion prevailed. Mr. Pace asked unanimous consent that the following bill be taken up for c-onsideration, for the purpose of acting on the Housp amPndments: By Mr. LankfordRenate Bill No. 2. A bill to amend Par. 1, Sec. 2, ~\rticle 7 of the Constitution of Georgia, so as to authorizP tlw levy of taxes on incomes. The consent was granted. Mr. StoYall moYed that Senate Bill Ko. 2 and all amendments be referred to the Committee on Constitutional Amendments, with instructions to report back to the Renate immediately. The motion was lost. The following House amendments were rend and taken up for consideration: 1st. Committee mows to amend Senate Bill No. ~ b.'' striking from the first paragraph of the proposed Constitutional amendment, the word "authority" in line :2 and substituting in lieu thereof the word ''power.'' ~1r. PacP moYed that the Senate disagree to the mnendnwnt. The motion was lost. The anwndnwnt was concurred in. 2nd. Committee moves to amend such paragraph by striking the \Yorcl ''net'' and the words '' (net incomes within the meaning of this Act shall be defined b.'' tlw General Assemhl.'') ". :206 J OlJRX AL OF THE SEx.-\TE, Mr. Pace moYed that the amendment be disagreed to. The motion prevailed. 3rd. Committee moves to further amend said paragraph by striking from said section the following words: ''Provided that proYision shall be made in the law for levying such taxes for crediting the same with the amount of ad valorem taxes paid to the State during the year for which such incomes are taxed.'' Mr. Pace mmed that the amendment be disagreed to. 'fhe motion prevailed. 4th. Committee moves to further amend said paragraph by striking the words ''and to provide further for such exemptions as may appear to the General Assembly to be reasonable, which shall not be less than one thousand dollars for a single person without dependent or dependents, and two thousand dollars for a married man or person haYing dependent or dependents receiving chief support from the taxpayer, and not less than four hundred dollars for each dependent," and substituting in lieu thereof the ~words ''and the law levying thf' same may contain exPmptions. '' Mr. PacP moYed that the amendment be disagreed to. The motion prevailed. :207 By unanimous consent, action on Senate Resolution No. 6, known as the "Budget and Investigating Resolution,'' was deferred until tomorrow morning immediately after consideration of House Bill No. 30. By unanimous consent, action on Senate Bill No. 3, known as the repeal of ''Tax Equalization Bill,'' was d('ferred until tomorrow morning immediately after consideration of Senate Resolution No. 3. Mr. Phillips moved that the Senate do now adJOurn. The motion prevailed. The President declared the Senate adjourned until tomorrow morning at 10 o'clock A. M. :~OS ,J O~H:\ AL OF THE ~EX ATE, SENATE CHAMBER, ATLANTA, GA. TuESDAY, DEcEMBER 4, 1923. The Senate met pursuant to adjournment at 10 o'clock A. M. and was called to on1er by the Presic1ent. Prayer was offered by the Chaplain. Upon the call of the roll tlw following Senators answered to their names, to wit: Adams, J. H. Arnow, Chas. S. Beauchamp, J. C. Boyd, B. W. Cason, Allison M. Chastain, J. B. Davis, John Camp Duke, Joseph B. Ficklen, Boyce, Sr. Garlick, Carroll B. Garrison, J. M. Gillis, James L. Gilstrap, E. W. Grantham, E. L. Green. Dr. Thomas E. Hamby, R. E. A. Henderson, A. H., Jr. Horn, J. Luther Hullender, W. C. Johns, G. A. Johnson, Emmett F. Keith, G. J. Kennedy, Dr. W. B. Kennon, ,J. H. Lankford, G. W. Latimer, P. B. Little, W. R. Loftin, Frank Mason, T. S. Miller, E. C. ~Ioore, Louis S. ~Iorgan, Henry C. Mundy, '\V. W. Pace, Stephen Parker, C. H. Phillips, John R. Redwine, C. D. Smith, G. C. whitaker, Arthur Mr. President Mr.Johnson, 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. Mason asked unanimous consent that the following bill lw withdrawn from the Committee on Constitutional "\nwndmPnts, r<>ad the second time TuESDAY, DECEMBER 4, 1923. 209 and recommitted to the Committee on Constitutional Amendments : By Mr. Mason- Senate Bill Ko. 5. A bill to amend Par. 1, Sec. 2 of Art. 7 of the Constitution of Georgia, so as to authorize the classification of property for taxation, and for other purposes. The consent "as granted, the bill was withdrawn, read the second time and recommitted to the Committee on Constitutional Amendments. Mr. Loftin asked unanimous consent that the fol. lowing bill be ~withdrawn from the Committee on :F'inance, read the second time, and recommitted to the Committee on Finance: By Mr. Loftin- Senate Bill No. 8. A bill to create machinery for collection of cigarette and cigar tax, and for other purposes. The consent was granted, the bill was withdrawn, raed the second time and recommitted to the Committee on Finance. Mr. Johns asked unanimous consent to postpone action on House Bill No. :10 until Thursday and the consent was granted. lTnder the regular order of business, the following resolution was read again and taken up for considt>ration: :no JocRXAL oF THE SENATE, By Mr. Pace- Senate Resolution No. 6. A resolution proposing an amendment to Sec. 3, Art. 7 of the Constitution of Georgia, so as to provide for a Budget and Investigation Commission, and for other purposes. Mr. Pace asked unanimous consent to withdraw the substitute to Senate Resolution No. 6, known as Budget and Investigating Resolution, and the consent was granted. Mr. Phillips offered the following amendment: AMENDMENT TO SENATE RESOLUTION NO.6. Mr. Phillips of the 18th moves to amend Senate Resolution No. 6 by striking out all of Section One (1) and inserting in lieu thereof the following, to be known as Section One : Section 1. Be it enacted by the General Assem- bly of Georgia, and it is hereby enacted by authority of the same, That Section Seven (7) of Article Three (3) of the Constitution of the State of Georgia be and the same is hereby amended by adding thereto a new paragraph, to be known as Paragraph Twenty-five (25), which shall read as follows: "A State Budget Commission, created by the General Assembly under General Laws, shall be composed of seven members, a majority of whom shall be mem- ,. bers of the General Assembly. The Commission shall make up a budget to include appropriations for each of the State departments and institutions, in- :211 eluding special appropriationt:l aud all other appropriations, and present the same to the General Assembly for its consideration at each regular session in which 'A Gene1al Appropriation Bill' is to be enacted. It shall require two-thirds of those voting upon the question in each house, which two-thirds shall be a majority of the membership of such house, to increase any item in such budget report, or to add a new item to the same, or to pass any special appropriation bill not recommended by such Commission, but a majority vote of those voting upon the question in either house may decrease any item in such budget report or any special appropriatim1 bill, or may defeat the same.'' The amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. Mr. Phillips asked unammous consent to table ~enate Resolution No. 6, and the consent was granted. Mr. Davis asked unanimous consent to postpone action on ~enate Bill No. 3 until Thursday, and the consent \Yelt:l granted. Mr. Kennon moved that the Se11ate do now adjourn until :3 o'clock P. M. today. ThP motion prevailed. :212 JouR~ AL oF THE SE~ ATE, The President declared the Senate adjourned until :1 o'clock P. M. AFTER~OO~ SESSION, 3 P.M. The Senate reconnned at this hour and was called to order by the President. Upon the call of the roll, the following Senators answered to their names : Arnow, Chas. S. Hamby, R. E. A. Beauchamp, J. C. Hullender. \V. C. Boyd, B. W. Johns, G. A. Cason, Allison M. Johnson, Emmett P. Chastain, J. B. Keith, G. J. Duke, Joseph B. Kennedy, Dr. W. B. Ficklen, Boyce, Sr. Kennon, J. H. Garlick, Carroll B. Lankford, G. W. Garrison, J. M. Latimer, P. B. Gilstrap, E. W. Little, W. R. Grantham, E. L. Loftin, Frank Green, Dr. Thomas E. Mason, T. S. Miller, E. C. )foorc, Louis S. Morgan, Henry C. ~fundy, W. W. Owens, W. B. Pace, Stephen Parker, C. H. Phillips, John R. Redwine, C. D. Stovall, J. Glenn :Mr. President Upon motion of Mr. Pace, the Senate took a recess at 3:05 o'clock P. M., subject to the call of the chair. The Senate reconvened at 3 :-!0 o'clock P. M. aiHl was called to order by the President. Mr. Redwine moved that the Senate do now ad- JOUrn. The motion prevailed. The President declared the Senate adjourned until tomorrow morning at 10 o'clock~\. l\f. WEDXESDAY, DECEMBER 5, 1923. 21:1 SENATE CHA::\fBER, ATI,ANTA, GA. \VEDNESDAY, DECEMBER, 5, 1923. The Senate met pursuant to adjournment at 10 o'clock A. M. and was called to order by the Presi- dent. Prayer was offered by the Chaplain. Upon the call of the roll the following Senator:" answered to their names, to wit: Adams, J. H. Hamby, R. E. A. Moore, Louis S. Arnow, Chas. S. Henderson, A. H., Jr. Morgan, Henry C. Beauchamp, J. C. Hodges, W. R. Owens, W. B. Boyd, B. W. Horn, J. Luther Pace, Stephen Cason, Allison M. Johns, G. A. Parker, C. H. Chastain, J. B. Keith, G. J. Phillips, John R. Coates, Howard E. Kennedy, Dr. W. B. Redwine, C. D. Davis, John Camp Kennon, J. H. Smith, G. C. Duke, Joseph B. King, E. R. Smith, Fred A. Ficklen, Boyce, Sr. Lankford, G. W. Stovall, J. Glenn Garlick, Carroll B. Latimer, P. B. Spence, Dr. J. M. Garrison, J. M. Little, W. R. Whitaker, Arthur Gilstrap, E. W. Loftin, Frank Mr. President Grantham, E. L. Mason, T. S. Green, Dr. Thomas E. Miller, E. C. Mr. Johnson, Chairman of the Committee on Journals, reported that the Journal of Saturday's proceedings had been examined and found correct. By unanimous consent, the reading of the Journal of yesterday's proceedings was dispensed with. 1\fr. Garlick, Vice-Chairman of thC' CommitteP on 214 .JOURXAI, OF THE SEXATE, Constitutional Amendments, submitted the following report: lllr. President: Your Committee on Constitutional Amendments have had under consideration the following bill of the Senate, and haYe instructeJ me as vice-chairman to report the same back to the Senate with the recommendation that the same do pass: Senate Bill No. 5. C. B. GARLICK, Vice-Chairman. The following message was received from the House through Mr. Moore, the Clerk thereof: Mr. PresidPnt: The House insists upon ib amendments numbers 2, 3, and 4 to the following bill of the Senate, to wit: By Mr. Lankford of tlw 15th- Senate Bill Ko. :2. ""'\_ bill to amewl the Constitution so as to authorize the levy of a tax upon incomes. The following message was receiYed from the House through Mr. Moore, the Clerk thereof: Mr. President: The House has passed by the requisite Constitu- tional majorit~ the following bill of the House, to wit: '\TED~ESDAY, DECEMBEH 5, JB~;L 2.13 By Mr. Ennis of Baldwin- House Bill No. 47. A bill to create a Department of Revenue for the State of Georgia, and for other purposes. The following House bill was read tht> first time and referred to the committee: By Mr. Ennis of Bald"'in- House Bill No. 47. A bill to provide a Department of Revenue for Georgia, and for other purposes. Referred to Committee on Finance. "Gnller the regular order of business, the following hill was read the third time and put on its passage: By Mr. Mason of 30thSenate Bill No. 5. A BILL To be entitled an Act to amend Paragraph One (1) Section Two (2) of Article Seven (7) of the Constitution of the State of Georgia so as to authorize the General Assembly to classify property for taxation and to adopt different rates and methods for different classes of property, and to segregate different classes of property for State and local taxation. 21G 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 One (1) of Section Two (2) of Article Senn (7) of the Constitution of the State of Georgia be and the same is hereby amended by striking all of saiLl paragraph and inserting in lieu thereof as Paragraph One (1), Section Two (2) of Article SeYen (7) of said Constitution, the following words, to wit: ''All taxes shall be levied and collected under general laws for public purpoSl'S onl~. The General Assembly shall have power to classify property for taxation and to adopt different rates and methods for Lli:fferent classes of property, and to segregate classes of property for State and local taxation. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Taxes may be levied ad valorem upon any given class of property without regard to the method used in le,ying taxes on any other class of property; provided, that when a classification has been fixed by the General .Assembly, it shall not be changed for a period of six years.'' Sec. 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to hy a two-thirds ,-ote of the members elected to 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 (2) months previous to the time for holding the next general election and shall, at tlw next general Pleetion, 1><' snhmittNI to thP JWople for ratifiea- tion. All persons voting at said election in favor of accepting said prupostd amenument to the Constitution shall haw written or printed on their ballots the words: "For r'atification of amendment to Paragraph One (1), Section Two (2), Article Seven (7) of t~1e Constitution, authorizing the classification of property for taxation and the adoption of different rates and methods for different classes of property, and the segregation of different classes of property for State and local taxation;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the "ords: ''Against ratification of amendment to Paragraph One (1), Section Two (2), .Article (7) of the Constitution authorizing the classification of propert~ for taxation and the adoption of different rates and methods for different classes of property for State and local taxation;" and if the majority of the electors qualified to vote for the members of the General.A.ssembly voting thereon shall vote for ratification thereof, when the returns shall be consolidated, as now required by law in elections for members of the General Assembly, and returns of said election shall be made to thE> Secretary of State, who shall certify the same to the Governor, it shall then he the tluty of the Governor to declare the result of said election, and in case said amendment is ratified b: a majority of those voting in said election, he shall issue a proclamation declaring said amenclnwnt adopted. The report of the committee, which was favorahlP to the passage of the bill, was agreed to. 218 JouRXAL OF THE SExATE, Mr. Mason movell that the bill lw tabled and the motion prevailed. The following Senate bill was taken up for consideration, for tlw purpose of acting on the House amendments : By Mr. Lankford- Senate Bill No. 2. ~\ bill to amend the Constitution of Georgia so a~ to authorize the levy of a tax on Incomes. Mr. Lankford mons that the Senate insist on its disagreement to the Honse amendments. Mr. Kennon calletl for a division of the question. Mr. Henderson moves that the Senate recede from its position on the House amendments. L'nder the rules of the Senate, the motion to recede takes precedence over the motion to insist. The amendments were read and taken up for consideration: Committee moves to amend such paragraph by striking the word "net" and the words " (net incomes within the meaning of this Act shall be defined by the General Assembly)". The amendment involving an amendment to the Constitution, the roll call was ordered and the vote was as follows: \VEDXESDAY, DECEMBER 5, 1923. 219 Those voting in the affirmative were Messrs: Chastain, J. B. Kennon, J. H. Henderson, A. H., Jr. Mason, T. S. Keith, G. J. Moore, Louis S. Phillips, John R. Redwine, C. D. Those voting in the negative were Messrs.: Adams, J. H. Arnow, Chas. S. Beauchamp, J. C. Boyd, B. W. Cason, Allison M. Coates, Howard E. Davis, John Camp Duke, Joseph B. Ficklen, Boyce, Sr. Garlick, Carroll B. Garrison, J. M. Gillis, James L. Gilstrap, E. W. Grantham, E. L. Green, Dr. Thomas K Hamby, R. E. A. Hodges, W. R. Horn, J. Luther Hullender, W. C. Johns, G. A. Kennedy, Dr. W. B. King, E. R. Lankford, G. W. Latimer, P. B. Little, W. R. Loftin, Frank Miller, E. C. Morgan, Henry C. Owens, W. B. Pace, Stephen Parker, C. H. Smith, G. C. Smith, Ernest M. Smith, Fred A. Stovall, J. Glenn Spence, Dr. J. M. Whitaker, Arthur Ayes, 8; nays, 37. Those not voting were Messrs. : Douglas, J. B. Mundy, W. W. Johnson, Emmett F. McLeod, A. N. Passmore, L. D. Mr. President On the passage of the amendment the ayes were 8, nays 37. The amendment having failed to receive the necessary constitutional two-thirds majority was lost. 3rd. Committee moves to farther amend said paragraph by striking from said section the following words: ''Provided that provision shall be made in the law for levying such taxes for crediting the same with the amount of ad valorem taxes paid to the State during the year for which such incomes are taxed.'' 220 JOURNAL OF THE SENATE, The amendment involving an amendment to the Constitution, the roll call was ordered and the vote was as follows : Those voting m the affirmative were Messrs: Arnow, Chas. S. Hamby, R. E. A. Little, W. R. Chastain, J. B. Henderson, A. H., Jr. Mason, T. S. Ficklen, Boyce, Sr. Keith, G. J. Moore, Louis S. Green, Dr. Thomas E. Kennon, J. H. Phillips, John R. Those voting in the negative were Messrs: Adams, J. H. Beauchamp, J. C. Boyd, B. W. Cason, Allison M. Coates, Howard E. Davis, John Camp Duke, Joseph B. Garlick, Carroll B. Garrison, J. M. Gillis, James L. Gilstrap, E. W. Grantham, E. L. Morgan, Henry C. Hodges, W. R. Owens, W. B. Horn, J. Luther Pace, Stephen Hullender, W. C. Parker, C. H. Johns, G. A. Redwine, C. D. Kennedy, Dr. W. B. . Smith, G. C. King, E. R. Smith, Ernest M. Lankford, G. W. Smith, Fred A. Latimer, P. B. Stovall, J. Glenn Loftin, Frank Spence, Dr. J. M. Miller, E. C. Whitaker, Arthur Those not Yoting were Messrs. : Douglas, J. B. Mundy, W. W. Johnson, Emmett F. McLeod, A. N. Passmore, L. D. Mr. President Ayes, 12 ; nays, :~3. On the passage of the amendment the ayes were 12, nays 33. The amendment having failed to receive the necessary constitutional two-thirds majority was lost. Mr. Henderson asked unanimous consent to withdraw his motion that the Senate recede from its position on the following amendment: 4th. Committee moves to further amend said paragraph by striking the words ''and to provide WEDNESDAY, DECEMBER 5, 1923. 221 further for such exemptions as may appear to the General Assembly to be reasonable, which shall not be less than one thousand dollars for a single per~ son without dependent or dependents, and two thou~ sand dollars for a married man or person having de~ pendent or dependents receiving chief support from the taxpayer, and not less than four hundred dollars for each dependent,'' and substituting in lieu thereof the words ''and the law levying the same may contain exemptions.'' The consent was granted. The motion of Mr. Lankford that the Senate insist on its position prevailed. Mr. Kennon moved that the Senate request a conference committee of three members from each house. The motion prevailed. Mr. Phillips asked unanimous :consent to take Senate Resolution No. 6, known as the Budget and Investigating Resolution, from the table and place it on the calendar. The consent was granted. The following resolution was taken up for consideration: By Mr. Pace- Senate Resolution No. 6. A resolution to amend Sec. 3, Article 7, of the Constitution of Georgia, RO 222 J OURKAL OF THE SENATE, as to provide for a Budget and Investigating Commission, and for other purposes. The resolution was read the third time December 4 and spread on the Journal of the Senate. The resolution was read again and put on its passage. Mr. Phillips asked unanimous consent to table the resolution. Mr. Hodges objected. Mr. Phillips moved that the resolution be tabled. The motion prevailed. The following message was received from His Excellency, tho Governor, through his secretary, Mr. Twitty: Mr. President: I am directed by His Excellency, the Governor, to deliver to tho Senate a communication in writing, to which he respectfully invites your attention. The follo"~ing nwssage from His Excellency, the Governor, was read to tho Senate: To the General Assetnbly: 1. SCHOCH~ BOOKS. I respectfully call your attention to conditious which seem to r('qlllrP action at _vour hancls. \YED~EHDAY, DECEMBER 5, 192i~. 223 Article 2, Section 21, of the Georg-ia School Code provides that the School Book Commission shall, prior to January 1st, 1924, adopt school books for a period of five years and provide for a contract for furnishing the books so specified. Article 2, Section 32, provides that : ''The said School Book Commission shall stipulate in the contract. for the supplying of any book or books, as herein provided, that the contractor or contractors shall take up the school books now in use in this State and receive the same in exchange for new books at a price not less than fifty per cent of the contract price.'' Pursuant to the terms of Section 21, the School Book Commission has advertised for bids, opened the same and found that the bidders refuse to offer books under the terms of the law. They insist that the provision of Section 32 requiring an exchange at a price not less than 50)1c of the contract is prohibitive and that under present conditions it is impossible to furnish school books un(ler such terms. Faced with such conditions the School Book Commission has no alternative except to call upon the Legislature for direction in the prPmit:~es anJ the Commission dirPcts me to submit the matter to the General Assembly for its consideration. I am advised that the Superintendent of Schooh; Ballard has pnpared a bill to meet the situation. I Parnl:'stly request proper consideration of this hill alHl urge that tht> General Assembly give di- 224 JouRXAL oF THE SEKATE, rection to the School Book Commission as requested. I shall be particularly pleased if such legislation shall also provide at least the foundation for a system furnishing free school books. 2. TAX REFORM. I desire to take this occasion to express my cordial appreciation, both personally and officially, of the highly creditable spirit manifested by members of the General Assembly in approaching the solution of the difficult problems incident to a reformation of the fundamental tax laws of the State. You will permit me to remind you of tlw other items recommended by the Tax Commission-the classified property tax, the Budget Commission, the State au(litor and the enforcement machinery. All these I deem essential to a well rounded, scientific tax system. Certainly these items have the universal endorsement of the thoughtful business men of the State. They have been under consideration by the members of the General Assembly for months and they could and should he enacted into law without further delay. The Ellis bill to enact a statutory income tax also has my appronll. In view of the fact that the principle involved has already been debated at great length and approved by both branches, it should be placed on passage within a minimum of time. I again express appreciation of the fine spirit of tlw General ~\sRembl~~. If continued for a few <'lays longer abiding relief to the people and constructive service to the State will be accomplished. December 4, 192:-3. CLIFFORD \VALKER, Governor. The President appointed as a conference committee on the part of the Senate to act with the House Committee on Senate Bill No. 2, the following: The Senator from the 23rd, Mr. Smith. The Senator from the 35th, Mr. Smith. The Senator from the 45th, Mr. Smith. Mr. Mason asked unanimous consent to print onf' hundred copies of House Bill No. 47, known as the Revenue Bill, and the consent was granted. Mr. Phillips moved that the Senate do now adjourn until 3 o'clock today. The motion prevailed. The President declared the Senate adjourned until :1 o'clock P. M. today. AFTERXOOX SESSION", 3 P.M. The Senate reconvened at this hour ancl ~was called to order by the President. 226 JueRXAL OF THE SEXATE, Fpon the call of tht roll the following Senators m1swered to their names, to wit: Adams, J. H. Arnow, Chas. S. Beauchamp, J. C. Boyd, B. W. Cason, Allison )1. Chastain, J. B. Coates, Howard E. Duke, Joseph B. Ficklen, Boyce, Sr. Garlick, Carroll B. Garrison, J. M. Gillis, James L. Gilstrap, E. W. Grantham, E. L. Hamby, R. E. A. Henderson, A. H .. Jr. ~filler, E. C. Hodges, W. R. ~foore, Louis S. Horn, J. Luther ~[organ, Henry ('. Hullender, W. C. )fumly, W. W. Johns, G. A. ()"ens, \V. B. Johnson, Emmett P. Pnrker, C. H. Keith, G. J. Phillips, John ll. Kennedy, Dr. W. B. Redwine, C. D. Kennon, J. H. Smith, G. C. King, E. R. Smith, Ernest .M. Lankford, G. W. Smith, Fred A. Latimer, P. B. Stovall, J. Glenn Little, W. R. )[r. President Loftin, Frank )fasou, T. S. epon motion of Mr. Mason, the Senate took a recess at 3 :03 P. M., subject to the call of the chair. The Senate reconvened at 3 :35 o'clock P . .M:. and was called to order by the President. The following message was received from tlw Honse through Mr. Moore, the Clerk thereof: Mr. President: The House has passed as amended by the requisite Constitutional majority the following bill of the SPuate, to wit: By Mr. Pace of the 13th- Senate Bill No. 9. ..ct bill to create and establish the Department of .A.urlits and Accounts. The following message was receiYed from the House through Mr. Moore, the Clerk thereof: "\VEDXESDAY, DECE?>IBER 5, 1923. 227 Mr. President: The House insists upon its position on the following hill of the Senate, to wit: By l\Ir. Lankford of the 15th- Senate Bill No. 2. A bill to amend the Constitution so as to authorize the levy of a tax upon incomes. The Speaker appoints as a conference committee on the part of the House on the above bill the following members of the House, to \Yit: Messrs. Ellis of Tift, Harris of Jefferson, Covington of Colquitt. The Senate took a recess at 3:40 o'clock P.M., suhject to the call of the chair. The Senate reconvened at 4:15 o'clock P. M. and was called to order by the President. The following Senate bill was taken up for consideration for the purpose of acting on the House amendments: B~ Mr. Pace- Senate Bill No. 9. A bill to create and establish a Department of Audits and Accounts, anrl for other purposes. The following House anwnrlmlmts werf' rea(l awl takf'n up for consideration: 228 J OVRXAL OF THE SENATE, Moves to amend Section :2 of Senate Bill No. 9 by striking from the fourth line thereof the words ''five thousand dollars,'' and substituting therefor the words ''four thousand dollars.'' Mr. Pace moved that the Senate concur m thP amendment. The motion prevailed and the amendment was concurred in. Amend Senate Bill No. 7 as follows: By adding to Sec. 3 a subparagraph to be known as subparagraph (d) to read as follows: ''The chief examiner and assistant examiner shall also be paid their actual traveling expenses while actually engaged in the performance of their official duties, to be proven by their sworn itemized statement and approved b~r the Governor." Mr. Pace moved that the Senate concur m the amendment. The motion prevailed and the amendment was concurred in. ~\mend by striking from subsections (a) and (b) of section 3 the words ''three thousand'' and substituting therefor the words "twenty-four hundred dollars.'' Mr. Pace moved that the Senate concur m the amendment. WimxEsDAY, DECEMBER 5, 1923. 229 rrhe motion prevailed and the amendment was concurred in. Mr. Smith of the 45th, chairman of the conference committee on the part of the Senate, submitted the following report: Mr. President: The conference committee on the part of the Sen- ate and the House on the amendments of the House to Senate Bill No. 2, known as the Lankford bill, begs leave to report that the committee has failed to agree. F. A. SMITH, c. G. SMITH, E. M. SMITH, On the Part of the Senate. RoBT. C. ELLis, W. A. CoVINGTON, RoY V. HARRis, On the Part of the House. Mr. Lankford asked unanimous consent that the conference committee be discharged and a new one appointed. The consent was granted. The President appointed as a conference committee on the part of the Senate the following Senators to act with the House committee on Senate Bill No.2: The Senator from the 11th, Mr. King. :2:lu JOL'HX.\L OF THE SEXATE, Tlw Senator from the 15th, ~Jr. Lankford. The Senator from the 20th, Mr. Hodges. The following message was received from th<> House through Mr. Moore, the Clerk thereof: Mr. Presidr:nt: The Speaker has appointed as a new conference committee on the part of the House on Senate Bill No. 2 the following members of the House, to wit: Messrs W. R. Jones of Meriwether, Culpepper of Fayette, Mann of Glynn. Upon motion, the Senate took a recess at 4:30 o'clock P. M., subject to the call of the chair. The Senate reconvened at 4:55 and was called to order by the President. Mr. Lankford moved that the Senate do now nd.JOurn. The motion prevailed. The President declared the Senate adjourned until tomorrow morning at 10 o'clock A. M. THL'llSDAY, DECE.:'.IBEH (i, 1S2~i. 231 SENATE CHAMBER, ATLANTA, GA. THURSDAY, DECEMBER 6, 1923. 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 : Adams, J. H. Henderson, A. H., Jr. Morgan, Henry C. \rnow, Chas. S. Hodges, W. R. Mundy, W. W. Beauchamp, J. C. Hullender, W. C. McLeod, A. N. Boyd, B. W. Johns, G. A. Owens, W. B. Cason, Allison M. Johnson, Emmett F. Pace, Stephen Chastain, J. B. Keith, G. J. Parker, C. H. Coates, Howard F. Kennedy, Dr. W. B. Phillips, John R. Davis, John Camp Kennon, J. H. Redwine, C. D. Duke, Joseph B. King, E. R. Smith, G. C. Ficklen, Boyce, Sr. Lankford, G. W. Smith, Ernest M. Garlick, Carroll B. Latimer, P. B. Smith, Fred A. Garrison, J. M. Little, W. R. Stovall, J. Glenn Gillis, James L. Loftin, Frank Spence, Dr. J. M. Grantham, E. L. Mason, T. S. Whitaker, Arthur Green, Dr. Thomas E. Miller, E. C. Mr. President Hamby, R. E. A. Moore, Louis S. Mr. Johnson, 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. Mason of 30th district, Chairman of the Committee .on Finance, submitted the following report: ~32 JoCH:\AL OF THE SEXATE, Mr. President: Your Committee on Finance have had under consideration the following bill of the House of Representatives and have instructed me as chairm:m to rl'port the same back to the Senate ":ith the recommPndation that the same do pass: House Bill No. 47. MAsox, Chairman. The following House bill, favorably reported, was read the second time : By Mr. Ennis of Baldwin- House Bill No. 47. A bill to create a Department of Revenue for Georgia, and for other purposes. Mr. Johns asked unanimous consent that action on House Bill No. 30, knmm as the repeal of the tax equalization bill, and Senate Bill No. 3, known as the repeal of the tax equalization bill, be deferred until tomorrow . morning, December 7th, 1923, at 11 o'clock. The consent was granted. l'"pon motion of Mr. Pace, the Senate took a recess at 10 :20 o'clock A. M., subject to the call of the chair. The Senate reconvened at 12 :03 o'clock P. M. and was called to order by the President. Mr. Lankford moved that the Senate adjourn until 3 o'clock P. M. today. 'rHuRsDAY, DEcEMBER 6, 1923. 233 The motion prevailed. The President declared the Senate adjourned until 3 o'clock P. M. today. AFTERNOON SESSION, 3 P.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: Adams, J. H. Hamby, R. E. A. Moore, Louis S. Arnow, Chas. S. Henderson, A. H., Jr. Morgan, Henry C. Beauchamp, J. C. Hodges, W. R. Mundy, W. W. Boyd, B. W. Hullender, W. C. McLeod, A. N. Cason, Allison M. Johns, G. A. Pace, Stephen Chastain, J. B. Keith, G. J. Parker, C. H. Duke, Joseph B. Kennon, J. H. Redwine, C. D. Ficklen, Boyce, Sr. Latimer, P. B. Smith, G. C. Garrison, J. M. Little, W. R. Smith, Ernest .M. Gillis, James L. Loftin, Frank Smith, Fred A. Grantham, E. L. Mason, T. S. Mr. President Green, Dr. Thomas E. Miller, E. C. Mr. Carswell rose to a point of personal privilege. Mr. Smith of the 35th moved that the Senate give a rising vote of confidence in the President. The vote was unanimous and the motion prevailed. Upon motion of Mr. Pace, the Senate took a recess at 3 :10 P. M., subject to the call of the chair. The Senate reconvened at 4:45 P. M. and was called to order by the President. 234 JouRXAL o:F THE SENATE, The conference committee on Senate Bill No. ~ submitted the following report through Mr. Lankford, the chairman of the committee on the part of the Senate: Mr. President: The conference committee on Senate Bill No. 2 beg leave to report as follows: "We fail to agree and ask to be discharged.'' LANKFORD of 15th, MooRE of 11th, HoDGEs of 20th. The following message was received from the House through Mr. Moore, the Clerk thereof: Mr. President: The Speaker appoints as a new conference commit- tee on the part of the House on Senate Bill No. 2 the following members of the House, to wit: Messrs. Culpepper of Fayette, Fleming of Hancock, Burt of Dougherty. Mr. Kennon moyecl that the couference committeP on the part of the Senate be discharged and a new one appointed. The motion prevailed. The President appointed as a conference committee on the part of the Senate to Act with the Howw committee on Senate Bill No. ~ the following: THl!RSDAY, DECEMBER 6, 1923. 235 The Senator from the 3d, Mr. Parker. The Senator from the 5th, Mr. Morgan. The Senator from the 28th, Mr. Duke. Mr. Pace moved that the Senate do now adjourn until 9 o'clock A. M. tomorrow. The motion prevailed. The President declared the Senate adjourned until 9 o'clock A. M. tomorrow. 236 ,JOURK AJ_, OF THE SEN ATE, SENATE CHAMBER, ATLANTA, GA. FRIDAY, DECEMBER 7, 1923. The Senate met pursuant to adjournment at 9 o'clock A. M. this morning and "as called to order by the President. Prayer was offered by the Hon. Boyce Ficklen, Sr., the Senator from tlw 50th District. Upon the call of the roll, the following Senators answered to their names : Adams, J. H. Hodges, W. R. Arnow, Chas. S. Horn, J. Luther Beauchamp, J. C. Hullender, W. C. Boyd, B. W. Johns, G. A. Cason, Allison M. Johnson, Emmett F. Chastain, J. B. Keith, G. J. Coates, Howard E. Kennedy, Dr. W. B. Davis, John Camp Kennon, J. H. Duke, Joseph B. King, E. R. Ficklen, Boyce, Sr. Lankford, G. W. Garlick, Carroll B. Latimer, P. B. Gillis, James L. Little, W. R. Grantham, E. L. Loftin, Frank Green, Dr. Thomas E. Mason, T. S. Hamby, R. E. A. Miller, E. C. Henderson, A. H., Jr. Moore, Louis S. Morgan, Henry C. Mundy, W. W. McLeod, A. l'\. Owens, 'V. B. Pace, Steph<>n Parker, C. H. Phillips, John R. Redwine, C. D. SmLh, G. C. Smith, Ernest M. Smith, Fred A. Stovall, J. Glenn Spenee, Dr. J. M. Whitaker, Arthur Mr. President Mr. Johnson, 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 procePdings was dispensed with. I<'HIDA y' DECEMBER 7' 1~2::. 237 The following House bill was n requisite constitutional majority was passed. The following privilege resolution "as read and adopted: By Mr. Moore- Resolved, That the privileges of the floor be extended to Hon. Thos. J. Appleyard, ex-secretary of the Florida State Senate, and at present Florida State Superintendent of Printing. 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: By Mr. Perkins of Habersham and others- House Resolution No. 28. .\ resolution that the State Librarian be instructed to supply the ordinary of Habersham County with copies of the Georgia and Court of Appeals Reports. Upon motion of Mr. Pace, the Senate took a re- 242 .JtrCJC\.\L OF THE SEXATE, cess at 11 :20 o 'cloek .\. M., subject to the call of the chair. The Senate reconYened at 12:25 P. M. and was called to order by tlw President. The following Honse r<>solution was read and adopted: By Mr. Perkins of Habersham and others- House Resolution Ko. 28. A resolution that the State Librarian be instructed to supply to ordinary of Habersham Count~' certain books. The following message was receiYed from the House through Mr. Moore, the Clerk thereof: Jlr. President: The House clisagrePs to the Senate amendments to tlw following bill of tlw House, to wit: By Mr. Ennis of Baldwin- House Bill Ko. 47. .\ bill to create a Department of ReYenues, and for other purposes. Mr. Duke, chairman of the conference committee on the part of the Senate, submitted the following report on Senate Bill Xo. ~. known as the income tax bill: Mr. President: The eonference eomu1 itt('<' Xo. :~ on Seuait' Bill No. ~. known as tlw Lankford Income Tax Bill, beg leave to submit thG following report and recommend its adoption: 1st. That the Senate accepts House amendment No. 2 to said Senate bill, being the amell(lment striking the wor(l "net" from said bill. 2nd. That the Senate concurs in House ~\mend ment No. 3 to said Senate Bill, being the amendment which strikes the allowance of credits of State ad ,alorem taxes on income taxes. 3rd. That the House recedes from its amendment 1\o. 4 being the amendment which strihs exemptions. 4th. That said Senate Bill Ko. 2 be amended by striking the words ''three mills'' wherever the same occur in sai(l bill and inserting in lieu thereof the words ''two mills. '' Respectfully submitted, DLTKE, of 28th District, ~foRGAX, of 5th District, PARKER, of 3rd District, On the part of the Senate. CrLPEPPER, of Fayette, THo:;. F. FLEMING, of Hancock, BuRT, of Dougherty, On the part of the House. Mr. Phillips moved that the Senate adopt the report of the Conference Committee. Mr. Parker called for a division of the question. The following sections of the report ,,pre read and 1aken up for consideration: 244 JouRxAL oF THE SENATE, 1st. That the Senate accept House Amendment No. 2 to said Senate Bill being the amendment striking the word ''net'' from said bill. The section involving an amendment to the Constitution. A roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, J. H. Arnow, Chas. S. Boyd, B. W. Duke, Joseph B. Grantham, E. L. Hamby, R. E. A. Henderson, A. H., Jr. Horn, J. Luther Hullender, W. C. Johns, G. A. Keith, G. J. Kennedy, Dr. W. B. Kennon, J. H. Little, W. R. Mason, T. S. Moore. Louis S. Morgan, Henry C. Owens, W. B. Parker, C. H. Phillips, John R. Whitaker, Arthur Those voting in the negative were Messrs. : Beauchamp, J. C. Cason, Allison M. Chastain, J. B. Davis, John Camp Ficklen, Boyce, Sr. Garlick, Carroll B. Gillis, James L. Hodges, W. R. Johnson, Emmett F. King, E. R. Lankford, G. ,V. Latimer, P. B. Loftin, Frank Miller, E. C. Mundy, W. W. Redwine, C. D. Smith, G. C. Smith, Ernest :M. Smith, Fred A. Spence, Dr. J. M. Those not voting were Messrs : Coates, Howard E. Douglas, J. B. Garrison, J. M. Gilstrap, E. W. Green, Dr. Thomas E. Stovall, J. Glenn McLeod, A. N. Mr. President Pace, Stephen Passmore, L. D. Ayes 21, nays 20. On the motion to agree to the section the ayes were 21, nays 20, and the section having failed to receive the requisite constitutional two-thirds majority, was lost. FRIDAY, DECEMBER 7, 192:-t 245 2nd. That the Senate concur in House Amendment No. 3 to said Senate Bill, being the amendment which strikes the allowance of credits of State ad valorem taxes or income taxes. This section involving an amendment to the Constitution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs. : Arnow, Chas. S. Johnson, Emmett F. Chastain, J. B. Keith, G. J. Duke, Joseph B. Kennon, J. H. Hamby, R. E. A. Little, W. R. Henderson, A. H., Jr. Loftin, Frank Horn, J. Luther Mason, T. S. Johns, G. A. Moore, Louis S. Morgan, Henry C. Mundy, W. W. Owens, W. B. Parker, C. H. Phillips, John R. Stovall, J. Glenn Whitaker, Arthur Those voting in the negative were Messrs.: Adams, J. H. Beauchamp, J. C. Boyd, B. W. Cason, Allison M. Davis, John Camp Ficklen, Boyce, Sr. Garlick, Carroll B. Gillis, James L. Grantham, E. L. Hodges, W. R. Hullender, W. C. Kennedy, Dr. W. B. King, E. R. r~ankford, G. W. Latimer, P. B. Miller, E. C. Redwine, C. D. Smith, G. C. Smith, Ernest :M. Smith, Fred A. Spence, Dr. J. M. 'l'hose not voting were Messrs : Coates, Howard E. Douglas, J. B. Garrison, J. M. Gilstrap, E. W. Pace, Stephen Green, Dr. Thomas E. Passmore, L. D. McLeod, A. N. Mr. President Ayes 21, nays 21. On the adoption of the section, the ayes were 21, nays 21, and the section having failed to receive the requisite constitutional two-thirds majority, was lost. 246 ,] OURKAL 0}' TilE SENATE, 3rd. That the House recede from its Amendment No. 4, being the amendment \vhi,lt strikes exemptions. This section was adopted. 4th. That said Senate Bill 1\o. 2 be amended by striking the words "three mills" wherever the same occur in said bill and insert in lieu thereof the words "two mills." This section inYolYing an amendment to the Constitution, the roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.: Adams, J. H. Beauchamp, J. C. Chastain, J. B. Gillis, James L. Little, W. R. Stoya!J, J. Glenn Spence, Dr. J. :M. \Vhitaker, Arthur Those voting in the negative were Messrs.: Arnow, Chas. S. Horn, J. Luther Boyd, B. W. Hullender, \V. C. Cason, Allison M. Johns, G. A. Davis, John Camp Johnson, Emmett F. Duke, Joseph B. Keith, G. J. Ficklen, Boyce, Sr. Kennedy, Dr. W. B. Garliek, Carroll B. Kennon, J. H. Grantham, E. L. King, E. R. Hamby. R. J<;. A. Lankford, G. \V. Henderson, A. H., .Jr. Latimer, P. B. Hodges, W. R. Loftin, Frank Mason, T. S. Miller, E. C. :Morgan, Henry C. 1fundy, W. W. Owens, W. B. Parker, C. H. Phillips, John H. Redwine, C. D. Smith, G. C. Smith, Ernest 11. Smith, Fred A. Those not voting were Messrs : Coates, Howard E. Douglas, J. B. Garrison, J. :M. Gilstrap, E. W. Pace, Stephen Green, Dr. Thomas E. Pa~smore, L. D. Moore, Louis S. :M:r. Presiiknt McLt>or1, A. N. FRIDAY, DECEMBER 7, 1923. 247 Ayes 8, nays 33. On the adoption of the section, the ayes were 8, nays 33 and the section having failed to receive the requisite constitutional two-thirds majority, was lost. The hour of adjour11ment having arrived, the President declared the Senate adjourned until 10 o'clock A. M., tomorrow morning. 248 JOURNAL OF THE SEN ATE, SENATE CHAMBER, ATLANTA, GA. SATURDAY, DECEMBER 8, 1923. The Senate met pursuant to adjournment at 10 o'clock A. M., and was called to order by the President Pro Tern., Hon. J as. L. Gillis. Prayer was offered by Hon. A. H. Henderson, Jr., the Senator from the 32nd District. By unanimous consent, the call of the roll was dispensed with. Mr. Johnson, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with. Mr. Smith, of the 35th, moved that the Senate do now adjourn untilll o'clock A. M., Monday, December 10, 1923. The motion prevailed. The President declared the Senate adjourned until Monday, December 10, 1923, at 11 o'clock A. M. Mol'IDAY, DEcEMBER 10, 1923. 249 SENATE CHAMBER, ATLANTA, GA. MoNDAY, DEcEMBER 10, 1923. The Senate met pursuant to adjournment at 11 o'clock A. M., and was called to order by the President Pro Tem., the Hon. J as. L. Gillis. Prayer was offered by the Chaplain. Upon the call of the roll the following Senators answered to their names : Adams, J. H. Hullender, W. C. Arnow, Chas. S. Johnson, Emmett F. Beauchamp, J. C. Keith, G. J. Boyd, B. W. Kennon, J. H. Chastain, J. B. King, E. R. Davis, John Camp Lankford, G. W. Ficklen, Boyce, Sr. Latimer, P. B. Garlick, Carroll B. Little, W. R. Gillis, James L. Loftin, Frank Grantham, E. L. Mason, T. S. Green, Dr. Thomas E. Miller, E. C. Hamby, R. E. A. Moore, Louis S. Morgan, Henrv C. Mundy, W. W. McLeod, A. N. Owens, W. B. Parker, C. H. Phillips, John R. Redwine, C. D. Smith, Ernest M. Stovall, J. Glenn Whitaker, Arthur Mr. President Mr. Johnson, Chairman of the Committee on Journals, reported that the Journal of the previous day's proceedings had been read and found correct. By unanimous consent the reading of the Journal of the previous day's proceedings was dispensed with. The following message was received from the House through Mr. :MoorE., the Clerk thereof: :!50 JouRNAL o.F THE SENATE, M1. President: The House has read and adopted the following resolution of the Senate, to wit: By Mr. Garlick of the 17th- Senate Resolution No. 49. ~\ resolution to request Congress to remove the stigma of dismissal from certain officers of the Confederate Navy. Mr. Adams moved to reconsider the action of the Senate in refusing to adopt the following item in the report of the Conference Committee on Senate Bill No. 2, known as the Income Tax: 1st. That the Senate accept House Amendment No. 2 to said Senate Bill, being the amendment striking the word ''net'' from said bill. The motion prevailed. Mr. Adams moved that the Senate reconsider its action in refusing to adopt the following section of the Conference Committee on Senate Bill No. 2: 2nd. That the Senate concur in House Amendment No. 3 to said Senate Bill, being the amendment which strikes the allowance of credits of State ad valorem taxes or income taxes. Mr. Lankford called for the ayes and nays on this motion and the call was sustained. The roll call was ordered and the vote was as follows: Moxu.u, DECE:\IBER 10, 1~2~~. 2;)1 Those voting in the affirmative \Vere Messrs : Adams, J. H. Hamby, R. E. A. Arnow, Chas. S. Hullender, W. C. Boyd, B. W. Johnson, Emmett F. Chastain, J. B. Keith, G. J. Ficklen, Boyce, Sr. Kennon, J. H. Gilstrap, E. W. Little, W. R. Green, Dr. Thomas E. Moore, Louis S. Morgan, Henry C. McLeod, A. N. Owens, W. B. Parker, C. H. Phillips, John R. Whitaker, Arthur Those voting in the negative were Messrs.: Beauchamp, J. C. Davis, John Camp Garlick, Carroll B. Gillis, James .L. King, E. R. Lankford, G. W. Latimer, P. B. Loftin, Frank Miller, E. C. Redwine, C. D. Smith, Ernest M. Those not voting were Messrs : Cason, Allison M. Hodges, W. R. Coates, Howard E. Horn, J. Luther Douglas, J. B. Johns, G. A. Duke, Joseph B. Kennedy, Dr. W. B. Garrison, J. M. Mason, T. S. Grantham, E. L. Mundy, W. W. Henderson, A. H., Jr. Pace, Stephen Passmore, L. D. Smith, G. C. Smith, Fred A. Stovall, J. Glenn Spence, Dr. J. M. Mr. President Ayes 20, nays 11. On the motion to reconsider the ayes were 20, nays 11, and the motion prevailed. Mr. Adams moved that the Senate reconsider its action in adopting the following section of the Conference Committee on Senate Bill No. 2: 3rd. That the House recedes from its amendment No. 4, being the amendment which strikes exemptions. The motion prevailed. Mr. Adams moved that the Senate reconsider its action in refusing to adopt the following section of the Conferenee Committee's report on Senate Bill No.2: 4th. 'I'hat said S(natP Bill Xo. :Z be amended b~ striking the words ''three mills'' wlwreYer the same occur in said hill and insPrting- in lien tlwnof "two mills.'' The motion preYailed. Mr. Phillips mond that Senate Bill No. 2 and the report of the Conference Committee lw recommitted to the same Conference Committee. The motion pre,ailed. The following bill was introduced, read the first time, and referred to the committee: By Messrs. Spence, Redwine and LoftonSenate Bill No. 10. A bill to amend Article 7, Paragraph 2 of the Constitution of Georgia, so as to exempt certain manufactures from certain taxation and for other purposes. Referred to the Committee on Constitutional Amendments. By Mr. Morgan- Senate Bill No. 11. A bill to make the Tax Collector ex-officio Sheriff for the collection of special taxes. MoNDAY, DEcEMBER 10, 1923. 253 Referred to the Committee on Finance. M~. Lankford asked unanimous consent that action on House Bill No. 47 be deferred until tomorrow morning after the special order of the day. The consent was granted. Upon motion of Mr. Kennon, the Senate took arecess at 11:30 o'clock A. M., subject to the call of the Chair. The Senate reconvened at 11:45 o'clock A. M., and was called to order by the President. Mr. Adams asked unanimous consent that the House be immediate!~- notified of the action of the Senate on Senate Bill No. 2. The consent was granted. Mr. Davis moved that the Senate do now adjourn. The motion prevailed. The President declared theSenate adjourned until tomorrow morning at 10 o'clock. 254 JouRNAL oF THE SENATE, SEN ATE CHAMBER, ATLANTA, GA. TUESDAY, DECEMBER 11, 1923. 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 : Adams, J. H. Henderson, A. H., Jr. Morgan, Henry C. Arnow, Chas. S. Hodges, W. R. McLeod, A. N. Beauchamp, J. C. Horn, J. Luther Mundy, W. W. Boyd, B. W. Hullender, W. C. Owens, W. B. Chastain, J. B. Johns, G. A. Pace, Stephen Coates, Howard E. Keith, G. J. Parker, C. H. Davis, John Camp Kennedy, Dr. W. B. Phillips, John R. Duke, Joseph B. Kennon, J. H. Redwine, C. D. Ficklen, Boyce, Sr. King, E. R. Spen~e. Dr. J. ~L Garlick, Carroll B. Little, W. R. Smith, G. C. Garrison, J. M. Latimer, P. B. Smith, Ernest M. Gillis, James L. Lankford, G. W. Smith, Fred A. Gilstrap, E. W. Loftin, Frank Stovall, J. Glenn Grantham, E. L. Mason, T. S. Whitaker, Arthur Green, Dr. Thomas E. Miller, E. C. Mr. President Hamby, R. E. A. Moore; Louis S. Mr. Johnson, 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. Smith of the :35th District, Chairman of the TuESDAY, DEcEMBER 11, 1923. 255 Committee on Constitutional Amendments, submitted the following report : Mr. President: Your Committee on Constitutional Amendments have had under consideration the following bill, Bill No. 10 of the Senate, by Mr. Redwine et al., and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass. SMITH of 35th, Chairman. December 11, 1923. Mr. Mason of the 30th District, Chairman of the Committee on :B,inance, submitted the following report: Mr. President: Your Committee on Finance have had under consideration the following bill of the Senate, to wit: Senate Bill No. 11, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass. MAsoN, Chairman. The following Senate Bills, favorably reported, were read the second time : By Mr. Spence and others- Senate Bill No. 10. A bill to exempt certain manufactures from certain local taxes and for other purposes. 256 JOURNAL OF THE SEN ATE, By Mr. MorganSenate Bill No. 11. A bill to make tax collectors ex-officio sheriffs for the collection of special taxes and for other purposes. Mr. Duke offered the following resolution: A RESOLUTION Senate Resolution No. 11. Be it Resolved by the Senate, the House of Representatives concurring, that the General Assembly of the State of Georgia do adjourn sine die at six (6) o'clock P.M., Friday, December the fourteenth, 1923. Upon this resolution, Mr. Hodges called for the ayes and nays and the call was sustained. The call of the roll was ordered, and the vote was as follows: Those voting in the affirmative were Messrs: Adams, J. H. Arnow, Chas. S. Beauchamp, J. C. Boyd, B. W. Chastain, J. B. Davis, John Camp Duke, Joseph B. Garlick, Carroll B. Garrison, J. M. Gilstrap, E. W. Grantham, E. L. Green, Dr. Thomas E. Moore, Louis S. Hodges, W. R. Morgan, Henry C. Horn, J. Luther McLeod, A. N. .Johnson, Emmett F. Owens, W. B. Kennedy, Dr. W. B. Pace, Stephen Kennon, J. H. Parker, C. II. King, E. R. Redwine, C. D. Lankford, G. W. Smith, G. C. Loftin, Frank Smith, Fred A. Miller, E. C. \Vhitaker, Arthur Those voting in the negative were Messrs.: Coates, Howard E. Johns, G. A. Ficklen, Boyce, Sr. Keith, G. J. Gillis, James L. Latimer, P. B. Hamby, R. E. A. Little, W. R. Henderson, A. H., Jr. Mason, T. S. Hullender, W. C. Mundy, W. W. Phillips, John R. Smith, Ernest M. Stovall, J. Glenn Spence, Dr. .T. M. TuE~DAY, DEcEMBER 11, 1923. :257 Those not voting were Messrs : Cason, Allison M. Douglas, J. B. Passmore, L. D. Mr. President Ayes 31, nays 16. Upon the passage of the resolution, the ayes were 31, nays 16. The resolution having received the requisite constitutional majority was passed. Mr. Mundy moved that for the remainder of the special session the Senate when it adjourns at the morning session shall stand adjourned until 3 P. M. o'clock the same day. The motion prevailed. Mr. Henderson asked unanimous consent that consideration of House Bill No. 30, and Senate Bill No. 3, known as the repeal of the Tax Equalization Law, be deferred until tomorrow morning at 11 o'clock. The consent was granted. The following House Bill was taken up for the purpose of acting on Senate Amendments thereto: By Mr. Ennis of Baldwin- House Bill No. 47. A bill to create a Revenue Department for the State of Georgia and for other purposes. 258 JOURNAL OF THE SENATE, Mr. Phillips moved that the Senate recede from all of its amendments to House Bill No. 47. Mr. Pace called for a division of the question. Mr. Pace moved that the Senate insist on its amendments to House Bill No. 4-7, and callecl for a division of the question. Under the rules of the ~enate, the motion to insist took precedence. The following amendments were read and taken up for consideration: Moves to amencl House Bill No. 47 by striking Section 13 and adding in lieu thereof the following-: Section 13. Be it furthPr enacted by the authority aforesaid that as long as the office of State Tax Commissioner shall continue, that official shall be exofficio Commissioner of H<>venues and require(l to discharge the s of such office without additional compensation to that now receind b~ him. Section 14. Be it further Pnacted h~ the authority aforesaid that all laws and parts of laws in conflict with this act be, and the same are hereby repealed. Mr. Pace moved that the Senate insist on the amendment. Tht> motion prevailed. TUESDAY, DECEMBER 11, 1923. 259 Moves to amend Section 1 by adding thereto after the word ''supplies'' in line 7 the following: ''Provided said Commissioner of Revenue may be removed by the Governor at any time for inefficiency, incompetency, or failure to faithfully discharge the duties of the office. Provided further, the Commissioner of Revenue may discharge any deputy for inefficiency or failure to faithfully discharge the duties of such deputy." Mr. Pace moved that the Senate insist on the amendment. The motion prevailed. Moves to amend by striking the word ''county'' in the 3rd line of Section 2 and inserting in lieu thereof the words ''Congressional District.'' Mr. Pace moved that the Senate insist on the amendment. The motion prevailed. Moves to amend Section 2 by striking all of said Section 2 after the words "tax laws of this State" in line 10 and inserting in lieu thereof the following: ''All delinquent tax payers shall be subject to a penalty of 10;/r; for non-payment of said taxes. All special or occupation taxes shall be deemed delinquent after 30 d~ys from the expiration of the quarter in which they are pa~yable. None of the prodsions of this Act shall apply to ad valorem taxes or 260 J OURXAL OF THE SEXATE, those required by law to be returned to the Tax Receiver and entered on the Tax Digest.'' Mr. Pace moved that the Senate insist on the amendment. The motion prevailed. Moves to amend House Bill No. 47, Section 2, line 11 of the Printed Bill by striking the figures '' twenty-five" where they appear and inserting in lieu thereof the figures ''fifteen.'' Mr. Pace withdrew his motion to insist upon the above amendment. Mr. Hodges monel that the Senate recede from the amendment. The motion prevailed. Moves to amend by adding an additional section to be numbered accordingly to an act to create a Department of Revenue for the State of Georgia to read as follows: Be it enacted h~ the authority aforesaid that the Commissioner of Ren'nue shall be required to furnish the Tax Collectors of each County with a list of the special taxes and require that said Tax Collectors post same in some conspicuous place in Courthouse and luwe same publishPd in tlw County paper for at ]past one month. 'ruEsDAY, DEcEMBER 11, Hl23. :261 Mr. Pace moved that the Senate insist on the amendment. The motion was lost. The question now was upon the motion of Mr. Phillips that the Senate recede from its amendment. The motion prevailed. Moves to amend Section 1 in the 9th line of the engrossed bill by inserting after the word ''Governor'' and before the word ''for'' the following words: ''Under the provisions of Section 13 of this act.'' Mr. Pace moved that the Senate insist on the amendment. The motion prevailed. The following message was received from the House through Mr. Moore, the Clerk thereof: Mr. President: The Speaker appoints as a new Conference Committee (No. ~) on the part of the House on Senate Bill No. 2 the following members of the House, to wit: Messrs. Culpepper of Fayette, Knight of Berrien, McClure of Walker. By unanimous consent, the President appointed as a Conference Committee No. 4, to act with said House Committee on Senate Bill Nq. 2, the committee known as No. 3, to wit: .JoCHC\.\L O.F THE ~EXATE, The Senator from the :1rd: Mr. Parker. The Senator from the 5th; Mr. Morgan. The Senator from the 28th; Mr. Duh. The Conference Committee, through its Chairman, Mr. Duke, submitted the following report: Mt. President: . ' re, your Conference Committee Ko. 4 on Senate Bill No. 2, known as the Lankford Income Tax Bill, beg leaYe to report that we are unable to agree and ask to be discharged. DuKE of the 28th District, PARKER of the 3rd District, MoRGAN of the 5th District, On the part of the Senak GuLPEPPER of Fayette, KNIGHT of Berrien, )IcCLrRE of \Valker, On the part of the Housl'. Mr. Kennon moYecl that the Committee be discharged and a new Committee be appointed. The motion prevailed. The President appointed as a Conference Committee No. 5 to act with the House Committee on Senate Bill No.2, the Income Tax Bill, the following: The Senator from the 17th: Mr. Garlick. The Senator from the 26th: Mr. Redwine. The Senator from the 42nd: Mr. Davis. 'fl:E:->DAY, DECEMBER 11, 1923. 26~~ The Senate took a recess at 12:15 o'clock P. M., subject to the call of the Chair. The Senate reconvened at 12:30 o'clock P.M., and was called to order by the President. The following message was received from the Senate through Mr. Moore, the Clerk thereof: Mr. President: The Speaker appointed as a new Conference Committee No. 5 to act with the Senate Committee on Senate Bill No. 2, the following: Messrs. Copeland of Lowndes, Elders of Tattnall, McMichael, of Marion. Mr. Johns moved that the Senate do now adjourn. The motion prevailed. The President declared the Senate adjourned until 3 o'clock P. M. today. AFTERNOON SESSION' 3 P.M. The Senate reconvened at this hour and was call-ed to order by the President. Upon the call of the roll the following Senators answered to their names: :2ti4 Adams, J. H. Hamby, R. E. A. Mason, r. S. Arnow, Chas. S. Henderson, A. H., Jr. Miller, E. C. Beauchamp, J. C. Hodges, W. R. Moore, Louis S. Boyd, B. W. Horn, J. Luther Morgan Henry C. Chastain, J. B. Hullender, W. C. Mundy, W. W. Davis, John Camp Johns, G. A. ::'.fcLeod, A. N. Duke, Joseph B. Keith, G. J. Owens, \V. B. Ficklen, Boyce, Sr. Kennedy, Dr. W. B. Pace, Stephen Garlick, Carroll B. Kennon, J. H. Parker, C. H. Garrison, J. M. King, E. R. Phillips, John H. Gillis, James L. Lankford, G. W. Redwine, C. D. Gilstrap, E. W. Latimer, P. B. Smith, G. C. Grantham, E. L. Little, W. R. ::'.[r. President Green. Dr. Thomas E. Loftin, Frank l~pon motion of Mr. Duke the Senate took a recess at:~ :15 P. M., suhject to th!' call of the Chair. The Senate reconvened at 4:55 P. M. and was called to order by the President. Mr. Phillips moved that the Senate do uow adjourn The motion pre-..:ailed. The President declarNl the Renate adjonmed until10 A.M. tomorrow. \VEnxgt-'DAY, DEcE:-.mER 1~, HJ~:J. ~65 SENATE CHAMBER, ATLANTA, GA. vVEDNE~DAY, DECEMBER 12, 1923. The ~enate met pursuant to adjournment at 10 o'clock A. M., and was called to order by the President. Prayer was offered by the Chaplain. Fpon the call of the roll, the following Senators answered to their names : Adams, J. H. Arnow, Chas. S. Beauchamp, .T. C. Boyd, B. W. Chastain, ,J. B. CoatPs, Howard E. Davis, .John Camp DukP, Joseph B. Ficklen, BoyeP, Sr. Garlick, Carroll B. Garrison, .J. M. Gillis, James L. Gilstmp, E. W. Grantham, E. L. Green, Dr. Thomas E. Hamby, R. E. A. Henderson, A. H., Jr. Hodges, W. R. Horn, .T. Luthpr IJullPIHlet, ,Y. C. Keith, G. J. KPnnPdy, Dr. W. B. Kennon, J. H. King, E. R. Lnnkforrl, G. W. Lntimet, P. B. Little, W. R. Loftin, Frank }fason, T. S. ~filler, E. C. ~foore, Louis 1-'. :Wforgan, Henry C. ~functy, \Y. W. MeLeod, A. N. Owens, \V. B. Pad and read: 266 JouRNAL oF THE SENATE, Executive Department Atlanta, December 12, 1923. Hon. George H. Carswell, President of the Senate, State Capitol. My dear Mr. President: I desire to address in person the General Assembly in joint Session at 10 :15 this morning and will thank you to make proper arrangements for the same. Very respectfully yours, CLIFFORD \VALKER, Governor. The following message was received from th' House through Mr. Moore, the Clerk thereof: Mr. President: The House insists upon its disagreement to amendments numbers 1, 2, 3, 4, and 7 to the following bill of the House, to wit: By Mr. Ennis of BaldwinHouse Bill No. 47. A bill to create the Depart- ment of Revenues and for other purposes. The House respectfully asks for the appointment of a Conference Committee. The following message was received from the House through Mr. Moore, the Clerk thereof: Mr. President: The House has read and adopted the followin~ Resolution of the House, to wit: WEDKESDAY, DECEl\IBER 12, 1923. 267 By Mr. Milner of DodgeHouse Resolution No. 35. A resolution calling of joint session of General Assembly today at 10 :15 o'clock A. M. for purpose of hearing an address by His Excellency, the Governor. The following House Resolution was read and adopted: By Mr. Milner of DodgeHouse Resolution No. 35. A Resolution calling for a joint session at 10 :15 A. M. today for the purpose of hearing an address by His Excellency, the Governor. Upon motion of Mr. Pace, the Senate took a recess at 10:15 o'clock A.M., subject to the call of the President. The Senate reconvened at 10:15 o'clock A. M., and was called to order by the President. The hour of 10 :15 o'clock A. M. having arrived, the Senate repaired to the Hall of the House of Representatives for the purpose of hearing the message of His Excellency, the Governor. The President took the chair and called the joint session to order. The resolution convening the General Assembly in joint session was read by the Secretary of the Senate. Upon motion of Mr. Mundy, the President appointed the following as a committee to escort His Excellency, the Governor, to the Hall of th<> House of Representatives: :268 .JocRXAL OF THE SEXATE, :Messrs. Mundy aiHl Henderson on the part of t IH Senate, and Messrs. Milner of Dodge, Fleming of Hancock, and Calloway of Putnam, on the part of the House. His Excellency, Governor Clifford Walker, was escorted to the Hall of the House of Representatives by the joint committee appointed for that purpose, and upon being presented to the joint session by President Carswell, delivered m person a message to the General Assembly. Upon motion of Mr. Duke, the joint session was dissolved and the Senate returned to the Senate Chamber. The Senate was called to order h~ the President. Senate Bill No. 8. Mr. Moore asked unanimous consent to recommit Senate Bill No. 8, known as the Bill to Create Machinery to Collect Cigar and Cigarette Tax, to tlw Committet> on Finance. Tlw consent was granted. Tlw following messag-t was received from tlw House through Mr. Moon, thP Clerk thereof: Mr. President: The House has read and adopted the following resolutions of the House, to wit: By Mr. DeFoor of ClaytonHouse Resolution Xo. :~:3. ~t resolution relative to the unfinished business of the extra session of 1923. By Mr. Barrett of StephensHouse Resolution Xo. :34. ~\ Resolution relative WEDXE::;DAY, DECE:\IBER 1:2, 19:2~L :2fi0 to pay for the incidental expenses of the extra session of 1923. Mr. Arnow offered the following resolution: ~enate Resolution No. 12. That the Senate instruct its Conference Committee which has under consideration Senate Bill No. 2, known as the Lankford Income Tax Bill, to insist on the original provisions of said bill concerning net incomes. So that said bill shall provide for the levying of an income tax on net incomes only, \\ith the proYisions that this shall not be construed to ahridge the right of the Stat<' to levy a sales or occupation tax. That the Senate further instruct the said committee to insist on its original provisions in said bill concerning exemptions and that the House amendments affc>cting <'xemptions be rejected. That tlw Senate recede from its position with reference to crediting ad valorem taxes against income taxes and accept tlw House amen<1nwnt striking out this provision. Mr. Smith of the 35th monel that the resolution be tabled. The motion prevailed. Mr. Phillips asked unanimous consent that consideration of House Bill No. 30 and Senate Bill No. 3, known as the Tax Equalization Repeal Bill, be deferred until tommTO\Y morning at 11 o'clock .A. M., and the consent was grantP(l 270 .fouuxAL OF THE SENATE, The following Senate Bill was read the third time and put on its passage: By Mr. MorganSenate Bill No. 11. ~-\. bill to make Tax Collectors ex-officio Sheriffs for the collection of special taxes and for other purposes. Mr. Smith of the 35th moved the previous question. The motion prevailed. Mr. Duke offered the following amendment: Moves to amend Senate Bill No. 11 by striking therefrom the words ''one-half of the double tax collected shall be retained by the Tax Collectors to assist in paying their deputies.'' The amendment was adopted. Mr. Morgan offered the following amendment: Moves to amend Section 2 of Senate Bill No. 11 by striking "double tax" and substituting therefor "twenty-five (25%) per centum of amount of taxes due.'' The amendment was adopted. Mr. Morgan offered the following amendment: Moves to amend Senate Bill No. 11 by striking ''double tax'' in line 8, Section 2, anc1 wherever the \YEDXE~DAY, DI~cE::HJmu 1~, 1923. 271 said words may occur in said bill and substituting therefor the word "penalty." The amendment was adopted. Mr. Morgan offered the following amendment: MoYes to amend Caption Senate Bill No. 11 by adding the following: ''and to provide for the levy and collection of a penalty for failure to register with the Ordinaries of this State when due the State business or special taxes and foi other purposes. '' The amendment was adopted. The report of the committee which was favorable to the passage of the bill was agreed to as amended. Upon the passage of the bill the ayes were 31, nays 0. The bill having received the requisite constitutional majority was passed. Mr. Morgan asked unanimous consent that the bill be immediately transmitted to the House of Representatives. The consent was granted. Mr. Kennon moved that the President appoint a Conference Committee to act with the House Committee on House Bill ~o. 47, known as the Ennis Hennue Bill. The motion prPvailed. :272 .JouR~AL oF THE S:r:xATE, The President appointed as a committee on the part of the Senate to act with the House Committee on House Bill No. 47. The Senator from the 11th: Mr. King. The Senator from the 46th: Mr. Grantham. The Senator from the 49th: Mr. Kennedy. The following message was received from the House through Mr. Moore, the Clerk thereof: J:h. President: The Speaker appoints as a Conference Committee on the part of the House on House Bill No. 47 the following members of the House, to wit: Messrs. Ennis of Baldwin, Toole of Decatur, Moor<> of Appling. The following Senate Bill was read the third time and put on its passage: By Messrs. Spence, Redwine and Loftin- A BILL To be entitled an Act to amend ..Article seven (7), Section two (2), Paragraph two (2) of the Constitution of this State by adding at the end of said paragraph another paragraph to be known as "Paragraph A," to wit: "Paragraph Two-a. Any person, natural or artificial, a resident of this State who rna~ aft<>r .Tanuar~- 1st, 1924, build, WEDXE~D.H, DECEMBER 12, 1923. 27~ equip, establish, or enlarge a plant for the manufacture or possessing of cotton, wool, linen, silk, rubber, wood, metal, metalic or non-metalic, minerals or combination of same, creamery, or cheese plant, or for the production or development of electricity, may, as to such building, enlargement, or equipment, be exempt from all county, incorporated town or city ad valorem taxes for a p2riod of time not exceeding seven (7) years from the elate of beginning the building of equipment, or enlargement of such plants. The Legislature is herewith empowered to make provision for the operative of this paragraph by appropriate legislation, provided such exemption shall be approvecl h~ a majorit~ of the electors voting in such County, incorporated town or city proposing said exemptions. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same that Article seven (7), Section two (2), Paragraph two (2) of the Constitution of the State of Georgia be, and the same is hereby amended h~' adding at the end of said paragraph another paragraph to be known as ''Paragraph Two-A,'' to wit: ''Paragraph Two-A-Any person natural or artificial, a resident of this State, who may after January 1st, 192+, build, Pquip, Pstablish or enlarge a plant for the manufacture or processing of cotton, wool, linen, silk, rubbPr, wood, metal, metalic or non-metalic minerals, or combination of sanw, creamery or cheese plants, or for the production or the development of electricity may, as to such building, enlargPnwnt, or equipment be exempt from all 274 JoeHKAL OF THE SENATE, County, Incorporated Town or City atl Yalorem taxes for a period of time not exceeding seven (7) years from the date of the heginning of the building enlargement or equipment of such plants. The legislature is herewith empowered to make provision for the operation of this paragraph by appropriate legislation provided, such exemption shall bP approved by a majority of the electors Yoting in such County, Incorporated Town or City proposing said exemptions. Section 2. Be it further enacte members of the General Assembly-all persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their hallots the words "For WEDNESDAY, DECEMBER 12, 1923. 275 Amendment of Constitution to Encourage Manufacturing and Industrial Enterprises in Georgia' '-and all persons opposed to the adoption of said amendment shall have written or printed on their ballots, ''Against Amendment of Constitution to Encourage Manufacturing and Industrial Enterprises in Georgia.'' Section 4. Be it further enacted by the authority aforesaid, That the Governor be, and he is, hereby authorized and directed to provide for the submission of the amendment proposed in this Act to a vote of the people as required by the Constitution of this State in Article 13, Section 1, Paragraph 1, and if ratified the Governor shall when he ascertain such ratification from the Secretary of State to whom the returns shall he referred in the manner as in case of elections for members of the General Assembly, to count and ascertain the result, issue his proclamation for one insertion in one of the daily papers of this State announcing such results and declaring the amendment ratified. Section 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act he, and the same are, hereb~ rc-pealed. Mr. Pace offered the following amendment: Amend Senate Bill No. 10 by striking the figures "seven (7) years" wherever tlw same appear in said bill and the caption thereof and inserting the words and figures "five (5) ~ems" in lieu thereof. The amendment was adopted. :!7ti .) orRc-; .\L OF THE HExATE, Mr. Pace offered the following amendment: Amend Senate Bill No. 10 by adding after the word ''rubber'' appearing in caption and in Section 1 of said bill the word ''clay.'' The amendnwnt was adopted. Mr. Pace offered the following amendment: MoYes to amend by ~ubstituting the following for \'ote of ratification b~ electors instead of provisions on Page 4: For amendment of Constitution to encourage manufacturing and industrial enterprises in Georgia by exempting from city, incorporated towns and county taxes for a period of time not exceeding five years. Against amendment of Constitution to encourage manufacturing and industrial enterprises in Georgia exempting from city, incorporated towns and county taxes for a period of time not exceeding five ~vears. The amendment was adopted. The report of the committee which was favorable to the passage of the bill was agreed to as amended. The bill involving a constitutional amendment, the roll cal lwas ordered and the Yote was as follows: \VED~ESDAY, DECEMBER 12, 1923. 277 Those voting in the affirmative were Messrs: Adams, J. H. Hamby, R. E. A. Beauchamp, J. C. Horn, J. Luther Chastain, J. B. Hullender, W. C. Coates, Howard E. Keith, G. J. Davis, John Camp Kennedy, Dr. W. B. Duke, Joseph B. Kennon, J. H. Ficklen, Boyce, Sr. King, E. R. Garlick, Carroll B. Latimer, P. B. Garrison, J. M. Little, W. R. Gillis, James L. Loftin. Frank Gilstrap, E. W. Mv.&on, T. S. Grantham, E. L. Miller, E. C. Green, Dr. Thomas E. Moore, Louis S. Mundy, W. W. McLeod, A. N. Owens, \V. B. Pace, Stephen Phillips, John R. Redwine, C. D. Smith, G. C. Smith, Ernest M. Smith, Fred A. Spence, Dr. J. M. Sto\all, J. Glenn Whitaker, Arthur Those voting in the negative were Messrs.: Arnow, Chas. S.. Hodges, W. R. Boyd, B. W. Lankford, G. W. Henderson, A. H., Jr. Morgan, Henry C. Parker, C. H. Those not Yoting were Messrs : Cason, Allison M. Douglas, J. B. Johns, G. A. Passmore, L. D. Johnson, Emmett F. Mr. President Ayes 38, nays 7. Upon the passage of the bill, the ayes were 38, nays 7. The bill haYing received the requisite constitutional two-thirds majority, was passed. Mr. Pace asked unanimous consent that the bill be immediately transmitted to the House of Representatives and the consent was granted. Tlu following House Resolutions were read and taken up for consideration: :!78 J OURKAL Olf THE SENATE, By Mr. DeFoor of Clayton- House Resolution No. 33. A resolution relative to the unfinished business of the extra session of 1923. The resolution was adopted. By Mr. Barrett of Stephens- House Resolution No. 34. A resolution to pay the incidental expenses for the extra session of 1923. The resolution was adopted. Mr. Pace moved that the Senate do now adjourn. The motion prevailed. The President declared the Senate adjourned until 3 o'clock P. M. today. AFTERNOON SESSION' 3 P.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 : Arnow, Chas. S. Beauchamp, J. C. Boyd, B. W. f'hastain, J. B. ContPs. H mnnd E. Davis, John Camp Duke, Joseph B. Ficklen, Boyce, Sr. Garlick, Carroll B. Garrison, .T. M. Grantham, E. L. Green, Dr. Thomas E Hamby, R. E. A. Henclerson, A. H., Jr. Hollges. \V. R. 'VEDNESDAY, DECE:\IBER 12, 192B. 27~) Hullender, W. C. Keith, G. J. Kennedy, Dr. W. B. Kennon, J. H. King, E. R. Lankford, G. W. Latimer, P. B. Little, W. R. Loftin, Frank Mason, T. S. Miller, T. S. Moore, Louis S. Morgan, Henry C. Mundy, W. W. McLeod, A. N. Owens. W. B. Pace, Stephen Parker, C. H. Phillips, John R. Redwine, C. D. Smith, G. C. Stovall, J. Glenn Spence, Dr. J. M. Whitaker, Arthur Mr. President Mr. Mason of 30th District, Chairman of the Committee on Finance, submitted the following report: llfr. President: Your Committee on Finance have had under con- sideration the following Bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass as amended : Senate Bill No. 8. A bill to create the machinery for the collection of the cigarette and cigar taxes. Respectfully submitted, MAsox, Chairman. The following Senate Bill was read the third time and put on its passage: By Mr. LoftinSenate Bill No. 8. A bill to create machinery for the collection of the cigar and cigarette tax and for other purposes. The Committee offered the following amendment: Senate Bill No. 8 is hereby amendevailed. The Senate took a recess at 4:25 o'clock P. M. subject to the call of the chair. The Senate reconvened at 4:35 P. M. 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 agreed to the following amendments of the Senate: Amendments numbers 1, 2, 4, 7,8, 14,15, 16, 17, 18, 21,22, 24,2~27, 3~36, 38,41, 43, 45, 46, 47, 48, and 49. And has disagreed to the following amendments of the Senate: ~-\mendments numbers 3, 5, 6, 9, 10, 11, 12, 13, 19, 20, 23, 25, 28, 29, 3~ 31, 33, 3~ 3~ 37, 27-A, 39, 40, 42 and 44. Of the following bill of the House to wit: Br Messrs. Ennis of Baldwin and Jenkins of Wheeler- House Bill No. 11. A bill to annually levy and collect a tax for the support of the State govern- Jou.Rl'AL oF THE SENA'l'E, ment and public institutions, and for other purposes. Mr. Davis moved that the Senate insist on all its amendments to House Bill No. 11 known as the General Tax Act. ~ The motion prevailed. The following message was received from the House through Mr. Moore, the Clerk thereof: Mr. President: The Speaker has appointed as Conference Committee No.6 on the part of the House on Senate Bill No. 2 the following members of the House, to wit : Messrs. Steele of DeKalb, Davis of Floyd, \V. R. Jones of Meriwether. The President appointed as a Conference Committee No. 6 to act with the House committee the following: The Senator from the 2d, Mr. Miller. The Senator from the 13th, Mr. Pace. The Senator from the 43d, Mr. Green. The Senate took a recess at 4:55 o'clock P. M. subject to the call of the chair. The Senate reconvened at 5 :15 o'clock P. M. and was called to order by the President. WEDXESDAY, DECEMBER 12, 1923. 283 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 bill of the House, to wit: By Mr. Milner of Dodge- House Bill No. 56. A bill to amend an Act to levy a tax upon dealers in cigarettes and cigars, and for other purposes. The following House bill was read the first time and referred to the committee : By Mr. Milner of Dodge- House Bill No. 56. A bill to amend an Act to levy and collect a tax upon dealers in cigarettes and cigars, and for other purposes. Referred to the Committee on Finance. Mr. Mason moved that the Senate do now adJourn. The motion prevailed. The President declared the Senate adjourned until 10 o'clock A. M. tomorrow. 284 J Ol:RN AL 0.1!' THE SEN ATE, SExATE CHA~IBER, ATLAXTA, GA. THURSD_-\.Y, DECE:\1BER 13, 1923. The Senate met pursuant to adjournment at 10 o'clock A. M. and was callell to order by the President. Upon the call of the roll, the following Senators answered to their names: Adams, J. H. Henderson, A. H., Jr. Mundy, W. W. Arnow, Chas. S. Hodges, W. R. McLeod, A. N. Beauchamp, J. C. Horn, J. Luther Owens, W. B. Boyd, R W . Hullender, ,V. C. Pa<'c, Stephen . Chastain, J. R Keith, G. J. Parker, C. H. Coates, Howard E. Kennedy, Dr. W. B. Phillips, .John R. Davis, John Camp Kennon, J. H. Redwine, C. D. Duke, Joseph B. King, E. R. Smith, G. C. Ficklen, Boyce, Sr. Lankford, G. W. Smith, Ernest M. Garlick, Carroll B. Latimer, P. B. Smith, Fred A. Garrison, J. M. Little, W. R. StoYall, J. Glenn Gillis, James L. Loftin, Frank Spence, Dr. J. M. Gilstrap, E. W. Mason, T. S. Whitaker, Arthur Grantham, E. L. Miller, E. C. Mr. President Green. Dr. Thomas E. Moore, Louis S. Hamby, R. E. A. }{organ. Ifpnr_,. f'. Mr. Johnson, Chairman of the Committee on Jo~rnals, 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 conference committee on the part of the Senate to act with the committee on the part of thP House on House Bill No. 47, known as the Ennis ReYemw Bill, submitted the following report: THURSDAY, DECEMBER 13, 1923. 285 Jfr. President: Your committee of conference on House Bill No. 47, known as the Ennis Bill, beg leave to report: \:Ve recommend that the Senate recede from its amendment No. 1. \Ve recommend that the House recede from its disagreement to amendment No. 2 and amendments Nos. 3 and 5. \Ve recommend that the amendment No. 4 be amended by the House and Senate as follows: ''By substituting 207o for 15% wherever same occurs in the amendment.'' J. H. ENNis, House, J. B. MooRE, House, TooLE of Decatur, House, \V. B. KEXNEDY, Senate. We, the undersigned members of the committee on the part of the Senate, concur in all of the above report except as to amendment No. 1, to which \Ve respectfully dissent. E. R. KI~G, Senate, E. L. GRANTHAM, Senate. Mr. Pace moved that the report be disagreed to. Mr. Kennon moved that the report be recommitted to the same conference committee. The motion to recommit took precedence under ~he rules of the Senate. 286 JouRNAL OF THE SExATE, Upon the motion to recommit the ayes were 19, nays 9, and the motion prevailed. Upon motion of Mr. Garlick the Senate took a recess at 10 :10 A. M. subject to the call of the chair. The Senate reconvened at 11 o'clock A. M. 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 recommitted the report of the conference committer on House Bill Ko. 47 to the same committee on the part of the House. Mr. Johns asked unanimous consent that consideration of House Bill No. 30 and Senate Bill ,No. :3, known as the repeal of the tax equalization law, be deferred until tomorrow morning at 11 o'clock~~. M. The consent was granted. The conference committee on House Bill No. 47 submitted tlH' following rt'port: Mr. President: Your committee of conference on House Bill No 47, known as the Ennis Bill, beg leave to report: \Ve recommend that the Senate rt'cede from its anwndments No. 1 and 5. THURoiJAY, DECEMBER 13, 1923. 287 We recommend that the House recede from itf' disagreement to amendment No. 2 and amendment No.3. We recommend that the amendment No.4 be amemled by the House and Senate as follo\YS: ''By sub!'ltituting 20]'i: for 15% wherevt>r same occurs in the amendment.'' J. H. ENNis, House, J. B. MooRE, House, G. B. TooLE, House, \V. B. KExxEDY, Senate. \Ve, the undt>rsigned members of the committee on the part of the Senate, concur in all of the above report except as to amendments No. 1 and 5, to which we respectfully dissent. E. R. KixG, Senate, E. L. GRANTHAM, Senate. Mr. Duke moved to adopt the majority report. Mr. Garlick moved to disagree to the majority report. l~nder the rult>s of the Senate, the motion to adopt the majority report of the conference committee takes precedence. Upon the motion to adopt the majority report, Mr. Grantham called for the ayes and nays. The call was sustainPtl. 288 .JouRx AL OF THE SExATE, The call of the roll was ordered, and the vote was as follows: Those voting in the affirmative were Messrs: Adams, J. H. Hullender, W. C. Arnow, Chas. S. Johns, G. A. Boyd, B. W. Keith, G. J. Duke, Joseph B. Kennedy, Dr. \V. B. Garrison, J. M. Kennon, J. H. Green, Dr. Thomas E. Little, W. R. Hamby, R. E. A. Loftin, Frank Henderson, A. H., Jr. Mason, T. S. Horn, J. Luther Miller, E. C. Moore, Louis S. Mundy, W. W. ::\fcLeod, A. K. Owens, \V. B. Phillips, John R. Spence, Dr. J. M. Whitaker, Arthur Mr. President Those voting in the negative were Messrs.: Beauchamp, J. C. Chastain, J. B. Ficklen, Boyce, Sr. Garlick, Carroll B. Grantham, E. L. Hodges, W. R. King, E. R. Lankford, G. W. Latimer, P. B. Morgan, Henry C. Pace, Stephen Parker, C. H. Redwine, C. D. S1nith, G. C. Smith, Ernest M. Stovall, J. Glenn Those not voting were Messrs. : Cason, Allison M. Coates, Howard E. Davis, John Camp Douglas, J. B. Gillis, James L. Gilstrap, E. W. Johnson, Emmett I-'. Passmore, L. D. Smith, Fred A. Ayes 26, nays 16. L"pon the adoption of the majority report, the ayes were 26, nays 16. The motion prevailed. The hour of adjournment having arrived, the President declared the Senate adjourned until 3 o'clock P. M. today. THURSDAY, DECE:\lBEH 13, 1923. 289 AFTERNOON SESSION' 3 P.M. The Senate reconvened at this hour and was callr>d to order by the President. L"pon the call of the roll, the following Senators answered to their names : Adams, J. H. Hodges, W. R. Arnow, Chas. S. Horn, J Luther Boyd, B. W. Hamby, R. E. A. Beauchamp, J. C. Hullender, W. C. Coates, Howard E. Johns, G. A. Chastain, J. B. King, E. R. Davis, John Camp Kennedy, Dr. W. B. Duke, Joseph B. Kennon, J. H. Ficklen, Boyce, Sr. Keith, G. J. Green, Dr. Thomas E. Latimer, P. B. Gillis, James L. Little, W. R. Garlick, Carroll B. Lankford, G. W. Garrison, J. M. Loftin, Frank Grantham, E. L. Miller, E. C. Henderson, A. H., Jr. Moore, Louis S. Morgan, Henr;v C'. Mundy, W. W. McLeod, A. N. ~1ason, T. S. Owens, \V. B. Phillips, John H. Parker, C. H. Pace, Stephen Redwine, C. D. l-n,,t.h, G. C. Spence, Dr. J. M. 8toYall, .l. Glenn Smitl: Ernest M. \Vhitaker, Arthur ~1r. President The conference committee, on part of the Senate, on Senate Bill No. 2, submitted the following report: Mr. President: Your Committeet No. 6 on conference on Senate Bill No. 2 beg to report that we haYe been unablP to reach an agreement concerning the matters in dispute, and respectfully request that we be discharged. GREEN, of 43d, MILLER, of 7th, pACE, of 13th, On Part of Senate. ,)OUH!\AL O.F THE ~ENATE, The following message was received from th1 House through Mr. Moore, the Clerk thereof: Jlr. President: The House has passed by substitute as amended by the requisite Constitutional majority the following resolution of the Senate>, to wit: B~ Mr. Beauchamp of the 22d- Senate Resolution Xo. -1-. .\. reRolution to create a commission to investigate the establishment of a system for supplying free text boolu; to the children of Georgia, and for other purposes. Mr. Mason of 30th District, Chairman of the Committee on Finance, submitted the following report: Mr. President: Your Committee on Finance have had under con- sideration the following bill of the House of Representatives 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 Bill No. 56, as amended by the committee. MAsox, Chairman. The following House bill, favorably reported, was read the second time : By Mr. Milner of DodgeHouse Bill No. 56. A bill to amend an Act to TRCR@A1, DECEMBER 1~~. 192:t 2H1 levy and collect a tax on cigars and cigarettes, and for other purposes. . Mr. Beauchamp moved that the Senate disagree to the House substitute to Senate Resolution No. 4, known as the free text book resolution, and insist on its position. The motion prevailed. The following message was received from the House through Mr. Moore, the Clerk therPof: Mr. President: The House has receded from its disagreement to Senate amendment No. 44 to House Bill No. 11 and agrees to the said amendment of the Senate and the amen(lments thereto. The House insists upon its disagreement to the following amendments of the Senate to House Bill No. 11: Amendments numbers 3, 5, 6, 9, 10, 11, 12, 13, E), :20, :23, 25, 28, 29, 30, :n, 33, 34, 35, 37, 37-A, 39, 40 and 42. Tlw Senate> took a recess at +:00 o'clock P. M. subject to the call of the> chair. The Senate neunvened at 4:05 u 'clock P. M. and was called to order b~ the President. Tlw following Bh':;sage wa:-; received from tlw HousP through Mr. Moon, tiH Clerk thereof: 292 JOURNAL OF THE SENATE, Mr. President: The Speaker has appointed as a new conference committee No. 7 on the part of the House on Senate Bill No. 2 the following members of the House, to wit: Messrs. Howard of Chattahoochet>, Beck of Carroll, Dykes of Dooly. The Senate took a recess at :1:55 o'clock P. M. subject to the call of the chair. The Senate reconvened at ::3 :56 o'clock P. M. and was called to order by the President. Mr. Adams moved that the Conference Committee No. 6 be discharged and a new Conference Committee No. 7 be appointed. The motion prevailed. The President appointed as a Conference Committee No. 7 the following: The Senator from the 11th, Mr. King. The Senator from the 17th, Mr. Garlick. The Senator from the 26th, Mr. Redwine. The following House bill was taken up for the purpose of acting on the Senate amendments disagreed to by the House. By Messrs. Ennis of Baldwin and Dixon of Jenkins- House Bill Ko. 11. A hill to levy and collect a tax THURSDAY, DECEMBER 13, 1923. 293 for the support of the State, and for other purposes. The following Senate amendments to House Bill Xo. 11, known as the General Tax Act, disagreed to by the House, were read and taken up for consideration: Committee amends paragraph 3 of section 2, House Bill No. 11, by striking all of line 6 after the word "for" in said line, all of line 7, and the word "above" in line 8, and inserting at the end of said paragraph the following: "And no municipality, corporation nor county authority shall levy or collect an additional tax on the professions or occupations of law, medicine, osteopathy, chiropractic, dentistry, veterinary surgery, public accountant, and embalming." Mr. Mason moved that the Senate recede from the amendment. The motion prevailed. Committee moves to amend by striking all of lines 16, 17 and 18 in section 2, paragraph 4. Mr. Mason moved that the Senate insist on the amendment. The motion prevailed. Moves to amend by striking paragraph 12, section 2 of said bill and substituting in lieu thereof: Upon ,JnrJC\.\L OF THE ~h:XATE, all boxing matches, sparring matches, wrestling matches, hel(l for profit or gain in this State, a tax of ten pC'r centum of the gross rC'ceipts from th0 sale of tickets, of collection of admission to said matches, and to collect reasonable scale of licenses for sanw to be fixed by the board herf'after created, proYided that before any such contest is held that permission from a board of control, which will lw empowered to fix reasonable rules and regulations for goYerning said contest and issuing saicl licenses. In order to safeguard the safety of the public and the participants of such contests, th0rc is hereby create>d a board to be known as the State ~\.thlf'tie Board, to consist of three members to he appointt>d by the Governor for a term of four ~-ears, one> of whom shall he name(l h~- sai(l hoard as secretary, who shall lw paid reasonable compensation for his senices, to bL fixPd by said hoard. Tlw other lll<'lllbers of said hoard shall sene without compPnsation other than actual e>xpenses. The compensation aboYe prm-iLled for shall he paid from JH"OCPcds of aboYP tax, and all moiw~s deriYecl from sai(l tax aftPr payment of salm~- of secretm~- and expenses of said board shall lw paid that the SPnate insist on tlw amendment. The motion preYailecl. Committee moYes to amend h~ striking the words "in each county" appearing in line 12, paragraph 14, section :2, page fl of tlw printed hill. 'l'Ht:H~DAY, DECEMBER 13, 1~23. ~!)5 Mr. Mason moved that the Senate recede from the amendment. Th<' motion prevailed. Committee mo\es to amend paragraph 16, of section 2, of House Bill No. 2 by adding at the end thereof the following: ''Except that this tax on retail dealers shall not be required of dealers in towns and villnges of less than 500 population.'' Mr. Mason moved that the Senate insist on the amendment. The motion prevailed. Committee moves to amend by adding in line 3, paragra~h 21-A, between the words "bus" and "every" the following words: "Provided that no municipal corporation or county authority shall levy or collect au additional occupation tax on persons, firms or corporations operating motor busses.'' Mr. Mason moved that the Senate insist on the amendment. The motion prevailed. Moves to amend Par. 28 of Sec. 2 of House Bill No. 11 by striking the whole of said paragraph and substituting the following in lieu thereof: "Par. 28. Bagatelle, Billiard, .Jenny Lind, Pool or Tivoli Tables. Upon each person, firm or cor- 296 JoeR~AL OF THE SENATE, poration operating for public use and charging for the use thereof any billiard, bagatelle, .Jenny Lind, pool or tivoli table, for each table in cities 100,000 inhabitants or more, $100.00; in cities of not lesH than 50,000 and not more than 100,000, $75.00; in cities of not less than 25,000 and not more than 50,000 inhabitants, $50.00; in cities of not less than 10,000 and not more than 25,000 inhabitants, $30.00; in cities or towns of less than 10,000 inhabitants, $20.00. '' Mr. Mason nwved that the Senate insist on the amendment. The motion prevailed. Committee moYes to amend House Bill No. 11 by adding a new section to be known as section 1, of paragraph :16 to be as follows: ''Paragraph :16. Section 1. Upon each dealer in fire engines and apparatus or either of them in cities of 200,000 inhabitants or more, $750; in cities of less than 200,000 and more than 100,000 inhabitants, $500; and in cities of less than 100,000 inhabitants, $250, for each place of business.'' Mr. Mason moved that the R<>nate insist on the amendment. The motion prevailed. MoYes to amend Par. 55 of Sec. 2 of House Bill No. 11 by striking all of said paragraph beginning with the word "Provided" and inserting the following in lieu thereof: THURSDAY, DECEMBER 13, 1923. 297 ''Provided, this paragraph shall not apply to laundries paying the tax imposed by section 72 of this Act nor to pressing clubs paying the tax imposed by paragraph 55-A of this Act.'' And by adding at the end of said paragraph a new paragraph to be numbered 55-A as follows: "Par. 55-.A. Pressing clubs. Upon each person, firm or corporation operating a pressing club, $5.00." Mr. Mason moved that the Senate insist on the amendment. The motion prevailed. Committee moves to amend paragraph 59, line 4, by striking the figures '' $250'' and adding in lieu thereof '' $500,'' and by striking the figures '' $125'' in line 6 and adding in lieu thereof '' $250, '' and by striking the figures "71" at end of section and in line 13 and adding in lieu thereof '' 69,'' and by striking lines 17 and 18. Committee amends paragraph 62: By striking the amount ''$50'' and inserting m lieu thereof '' $100,'' and By striking the amount "$25" and inserting in lieu thereof '' $75,'' and By striking the amount '' $10'' and inserting m lieu thereof ''$50,'' and By striking the amount '~_$5" and inserting in lieu thereof '' $10. '' 298 JouR~AL OF THE SEXATE, Mr. Mason moved that the Senate insist on the amendment. The motion prevailed. Lankford of 15th moves to amend as follows: By striking the figures "$2" wherenr they appear in paragraph 77 and adding in lieu tlwreof "$10." Mr. Mason moved that the Senate recede from the amendment. The motion prevailed. Moves to amend paragraph 82 by striking same and adding in lieu thereof the follmving: "Upon all motion picture supply houses, $100 for each place of business and upon each film distributing agency whose gross receipts are under $25,000.00, $50.00; and between $25,000.00 and $50,000.00, $100.00; and between $50,000.00 and $100,000.00, $200.00; and between $100,000.00 and $200,000.00, $300.00; and behyeen $200,000.00 and $300,000.00, $400.00; and between $300,000.00 and $400,000.00, $500.00; and between $400,000.00 and $500,000.00, $600.00; and between $500,000.00 and $600,000.00, $700.00; and between $600,000.00 and $700,000.00, $800.00; and between $700,000.00 and $800,000.00, $900.00, and abow $800,000.00, $1,000.00 for each place of business. The above not to apply to those \Vho han paid the tax as required in Par. 92. THL"RSDAY, DECEMBER 13, 1923. 299 Mr. Mason moved that the Senate recede from the amendment. The motion prevailed. Amend paragraph 88 by striking all of lines 1 to 6 inclusive and inserting in lieu thereof the following: Par. 88. Peddlers. Upon every peddler or traveling vendor of any patent or proprietary medicine or remedies or appliances of any kind or special nostrum or jewelry or stationery or drugs, peelcUing or selling or offering for sale any such goods, merchandise or articles in each county where the same or any of them are peddled, sold or offered for sale, $100.00. (a) Upon every peddler or traveling vendor of any soap, washing powders or of any other kind of merchandise except provided in above section or paragraph 88, or commodities whatsoever (whether herein enumerated or not), peddling or selling any such goods or other merchandise in each county where the same or any of them are peddled, sold or offered for sale, $50.00. Provided that whenever such peclrllcr or vendor shall qualify under sections 530, 1886, 1893 and 1895 of Vol. 1, Code 1910, such peddler or vendor may be authorized or permitted by the approval of the ordinary of the county issuing such license to employ and use one helper who may carry on the business of his principal or assisting doing so without the payment of any ad'litional tax therefor. 300 JoDRKAL oF THE SENATE, Mr. Mason moved that the Senate insist upon the amenlment. The motion prevailed. Hamby of 40th proposes to amend Par. 88 by adding a subsection to said paragraph to lw subsection (e) as follows: (e) Upon every traveling or itinerant vendor using motor vehicle from which merchandise is sold and known as ''stores on \\Theels,'' or ''itinerant stores" or "traveling stores," the following special tax for each county in which such merchandise is sold, is hereby imposed, to wit: For each vehicle of not more than one (1) ton capacity, $100.00; for each vehicle of from one (1) to one and one-half (11/2 ) tons capacity, $150.00; for each vehicle of from one and one-half (11/2 ) to two (2) tons capacity, $250.00, and for each vehicle of more than two and one-half (2%) tons capacity, $300.00; provided that this subsection shall not apply to the sale of agricultural or other products exempt from special tax under general la~vs of this state. Mr. Mason moved that the Senate insist on the amendment. The motion prevailed. Committee moves to amend subsection b of paragraph 88 of section 2 of House Bill No. 11 by striking out of line 9 of said paragraph the figures "$25.00" and by im;erting- the fig-ures "$100.00." THUR::;DAY, DECEMBER 13, 1923. ;~01 Mr. Mason moved that the Senate recede from the amendment. The motion prevailed. Committee moves to amend by striking the figures '' $15.00'' in line 3, of paragraph 89 and :inserting in lieu thereof the figures '' $100.00. '' Mr. Mason moved that the Senate recede from the amendment. The motion prevailed. Committee moves to amend by striking '' $2.00'' in line 6, in paragraph 91 and insert in lieu thereof the figures '' $3.50. '' Mr. Mason moved that the Senate recede from the amendment. The motion prevailed. Amend paragraph 92 by striking the figures $35 in line 4 and adding in lieu thereof $100 and by striking the figures $50 in same line and adding $200. Mr. Mason moved that the Senate insist on the amendment. The motion prevailed. Committf'e moYes to amend h~ striking the words "on rifle cartridges" in line :2 of paragraph 92. .JOtTHXAL OF THE ~EX.\TE, .Mr. .Mason moved that the Senate insist on the amendment. The motion prevailed. Lankford of the 15th, moves to amend paragraph 113 by striking all of said paragraph and adding in lieu thereof the following: "Upon all persons or corporations operating ferries or toll briclg<'s the l'l'ceipts from \\hich amount to more than $:25,000, $500; and between $10,000 and $25,000, $:250; and between $500 and $10,000, $50; proYidecl that this tax shall not be required of any ferry or toll bridge the receipts from which do not amount to $500 per annum.'' .Mr. .Mason moved to insist on the amendment. The motion pre\ailed. Moves to substitute for the amendment to paragraph 11:3 the following: e pon all persons, firms or corporations operat- ing toll hriclges or ferries the receipts from which amount to more than $:25,000, $500; and between $10,000 and $25,000, $250; and between $3,000 and $10,000, $50; and between $3,000 and $500, $15; proYiclecl that this tax shall not be required of any ferry or toll bridge that receipts from which do not amount to $500 per annum. Mr. Mason moved that the Senate insist on the anwndment. The motion prevailed. ~enator King mov0s to amend paragraph 115 by striking all of said paragraph and having said paragraph to read as follows: "rpon each and every person, linn or corporation operating a swimming pool where admission fees are charged and bathing suits are rented, $20 in counties of over 50,0000 population, and $10 in counties of under 50,000, and upon each person, firm or corporation operating bathing resorts in the ocean or gulfs hounding this State the sum of $200. Provided, that this section shall not apply to swimming pools operated by municipalities.'' Mr. Maso11 moved to insist on the amendmeut. Tlw motion }H'Pvailed. Moves to anwnd by striking section 3 and renumbering the remaining sections according!~. Mr. Lankford movt>d that the Senate insist on thl' amendment. The motion was lost. Mr. Mason nwvl'd that th0 Senate recede from the amendment. The motion prevailed. Committee moves to amend section 5 b~ striking the entire section and inserting in lieu th0reof the following: .JoeH:'\.\1. ov THE SE:--;xn:, ''Be it further enacted by the authority aforesaid, That the tax provided for in section 4 requires return made to the Comptroller General in accordance with the law of Georgia. The tax required by paragraphs 3 and 4 of section 2 of this Act, shall be returned to the receiver of tax returns in the county of the residence of the person liable to such tax and shall be entered by the receiver upon the digest of taxable property. ''In the case of the tax imposed upon foreign corporations b~' paragraph 49 of section 2, and the tax imposed by paragraph 80, upon manufacturers of machinery and implements; upon soft drink syrups, b~' paragraph 96, and upon carbonic acids' gas b~, paragraph 11:2, the return is required to be made, and the tax paid to the Comptroller General. The tax imposed upon legislative agent by paragraph 71 of section 2 shall b<> paid to the Secretary of State \\'hen each person registers, and he shall not be allowed to register until such tax is paid. All other taxes enumerated and set forth in section 2 of this Act shall be returned and paid to the tax collector of the count~' where Ruch vocations are carried on.'' Mr. Mason mowcl that the Senate insist on the amendment. 'l'he motion prevailed. Mr. Mason moved that the President appoint a conference committee on House Bill No. 11, known as the General Tax Act. The motion prevailed. THURSDAY, DECEMBER 13, 1923. i305 The President appointed as a committee to act with the House committee on House Bill No. 11 the following: The Senator from the 7th, Mr. Moore, The Senator from the 18th, Mr. Phillips. The Senator from the 30th, Mr. Mason. Mr. Garlick moved that the Senate do now adJOUrn. The motion prevailed. The President declared the Senate adjourned until 10 o'clock A. M. tomorrow. ~06 JouR]';AL oF THE SE~ATE, SEXATE CHAMBER, ATLANTA, GA. FRIDAY, DECEMBER 14, 1923. The Senate met pursuant to adjournment at 10 o'clock A. M. allring repealing clause three. Further anieml b~ adding after the last ~word of the caption the "ords "and for other purposes." The amemlmeut was adopted. 'l'hc report of the committee, which wm; fanHable to the passage of the bill, was agreed to as anwnded. On the passage of tht> bill, tlw a~es were .__l)o_) , na~s 0. TlH~ bill haYing received the requisite Constitutional majority was passed. The following priYilege resolution was read and adopted: By l\Ir. Moore of 7th- ResolYed, That the priYileges of the floor be extended to the Hon. David Comfort of Marietta, Ga., distinguished citizen of Cobb County, during his sta~ in the city. Mr. Lankford moYecl that tlw Renate rc-consider its action in defeating Homw R<>solution Xo. :38. The motion preYailed. 11he follo,ving resolution was rPad agam and put on its passage: :n1i .Jol:IC'\.\L OF TilE SEXATE, B~- ~Ir. Barrett of Stevheus- Hom;e Resolution No. :lt'. Whereat>, 'rhe General Tax Act House Bill Ko. 11, Section :2, Paragraph 1, carries with it a pro,-ision, as agreed to by the House aml Senate, which, in effect, provides that women may vote without paying poll tax. 't'lwrcfore be it nsolntl by the House, the Senate concurring, That the eoufereuce eommittee having under consideratiou said House Bill Ko. 11 be instructttl to revie,,- sai nwtion took precedence. lTpuu tlw substitute motion of Mr. PacP that tlH committee bP rlischarged and a ne" one apointed, the a~es \n~n :!+, na~s :->, and t lw motion pre,ailecl. 1'pon motion the Senate took a rt>cess at :1 :+0 o'clock P. }f. subject to the call of the chair. The Senate recomenetl at 3 :50 o'clock P. M. and \\as called to order hy the President. The conference committee on House Bill No. 11, known as the General Tax Act, submitted the following report : Jfr. President: Your committee on conference on House Bill Ko. 11 beg l(an to rccomnwncl that the House recedP from its disagreement to amendments Nos. 5, J1, :!0, 39, 42, ] 9. \Ye recommend that the Senate recede from it~ amendments Xos. G, 10, 28, 29, 33, 37-~\. \\'e recommend tha.t the following amewlments lH adopted as amem1C<1 : 1:2, 13, 3+ and 37. ~1Asox of 30th, PHILLIP~ of 18th, }foom: of tlw 7th, . Ex xis, STEWART, NAPIER, On the Part of the House>. l<'mru Y, DECE:\IllEH 1-t-, 1~~~;L ::1.) Furtlwr amend b~~ nmnhLring npealing clause three. l<'urther amend by adding after the la:-;t word of the caption the words "and for other purposes." Tht amendment was adopted. The n'port of the committee, which was faYora ble to the }HlssagP of the hill, was agTPed to as ame>nded. Un the passage of the hill, th<' ayps wPre nays 0. Tlw bill haYing received the requisite Constitutional majority was passed. 'l'hl following priYilege resoln tion was reHiflent declarefl the Senate adjourned until :1 o 'elo<:k P. ~f. today. AFTERXOOX SE:-:iSIOX' 3 P.M. The Senate reconvened at this hour and was ealled to ord<'r by the President. FmiuY, DEcE:.tnEH 1-!-, l~l:23. :n/ Upon motion of 1\Ir. ~mith of the 2:1<1, the roll call was dispensed with. Upon motion of Mr. Smith of the 23d, the Senate took a recess at ;) :01 P. M. subject to the call of the chair. The Senate reconnned at 3:35 P. :M. and was called to order h~- the President. The conference committee on Senate Bill No. 2, known as Lankford Income Tax, submitted the following report : Jlr. President: Your Conference Committee Ko. I on Senate Bill No. 2 beg leave to report that they are unable to agree and ask that the committee he discharged. This December 14th, 19:2:3. C. D. REDwixE, 26th Dist., C. B. GAHLicK, 17th Dist., K H. KTxn, 11th Dist., report of the conference committee. The motion prevailed. 320 JouRNAL OF THE SExATE, The following message was received from the House through Mr. Moore, the Clerk thereof: Mr. President: The House has adopted the report of the conference committee on th~> following- r<>solution of the Senate, to wit: By Mr. Beauchamp of the 22d- Senate Resolution No. 4. A resolution relative to the supplying of free textbooks for the school children of Georgia. The following message was received from the House through l\fr. l\foore, the Clerk thereof: JJ r. President: The House has adopted the report of the conference committee on the following bill of the House, to wit: By Messrs. Enni~ of Baldwin all(l Dixon of JPnkins- House Bill No. 11. A bill to annually levy and collect a tax for the support of the State government and public institutions, and for otlwr purposes. The following message was received from th<~ House through Mr. Moore, the Clerk thereof: Mr. President: The House has passed by the requisite Constitu- FRIDAY, DECEMBER 14, 1923. 321 tional majority the following bill of the Senate, to wit: By Messrs. Spence of the 8th, Redwine of the 26th, and Loftin of the 37th. Senate Bill No. 10. A bill to exempt certain manufactories and industries from taxation for a periov that the Assembly should act affirmatively thereon; and, -Whereas, The said Act was adversely reported by the Finance Committee, it being only a small proportion of the Senate, which action if concurred in will prevent a full consideration by this hody and action on said measure. Now, therefore, we, the undersig-ned members of the Finance Committee of the Senate, do hereby file this minority report to the end that full and free consideration may be given to the repeal of this Act, and that the Senate as a whole may act upon this measure, which has already been adopted by the House, and we do therefore in this minority report recommend that House Bill No. 30, known as the repeal bill of said Equalization Law, be reported back with the recommendation that it do pass. G. A. JoHx~, :27th District, Vice-Chairman. B. W. BoYD, 19th District, A. H. HENDERsoN, Jr., 32d District, J. M. GARRISON, 33d District, W. R. HoDGEs, 20th District. 326 JouRKAL OF THE SENATE, On the motion to disagree, Mr. Johns called for the ayes and nays and the call was sustained. Mr. Lankford called for the previous question. The call was sustained. The main question was now ordered. The roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs: Arnow, Chas. S. Hodges, W. R. Boyd, B. W. Hullender, W. C. Chastain, J. B. Johns, G. A. Garrison, J. M. Keith, G. J. Gilstrap, E. W. Loftin, Frank Henderson, A. H., Jr. Owens, W. B. Pace, Stephen Phillips, John R. Redwine, C. D. Stovall, J. Glenn Whitaker, Arthur Those voting in the negative were Messrs: Adams, J. H. Horn, J. Luther Beauchamp, J. C. Kennedy, Dr. W. B. Davis, John Camp Kennon, J. H. Ficklen, Boyce, Sr. King, E. R. Garlick, Carroll B. Lankford, G. W. Grantham, E. L. Latimer, P. B. Green, Dr. Thomas E. Little, W. R. Hamby, R. E. A. Mason, T. S. Miller, E. C. Moore, Louis S. Morgan, Henry C. Mundy, W. W. McLeod, A. N. Parker, C. H. Smith, G. C. Spence, Dr. J. M. Those not voting were Messrs : Cason, Allison M. Coates, Howard E. Douglas, J. B. Duke, Joseph B. Gillis, James L. Johnson, Emmett F. Passmore, L. D. Smith, Ernest M. Smith, Fred A. Mr. President ~\yes 17, nays 24. Mr. Lankford moved that the verification of the roll call be dispensed with, and the motion prevailed. FRIDAY' DECEMBER 14, 1923. 327 On the motion to disagree to the report, the ayes were 17, nays 24. The motion having failed to receive the requisite Constitutional majority was lost. Mr. Pace offered the following resolution: Senate Resolution No. 14. Resolved by the Senate, the House of Representatives concurring, That a committee of two from the Senate and three from the House be appointed to notify His Excellency, the Governor, that the extraordinary session of the General Assembly has concluded its business, and stands ready to adjourn sine die. The resolution was adopted. The President appointed as a committee on the part of the Senate the following: The Senator from the 19th, Mr. Boyd. The Senator from the 30th, Mr. Mason. Mr. Pace offered the following resolution: A RESOLUTION. Senate Resolution No. 15. Resolved, That the Senate does hereby extend to the President of the Senate our sincere thanks for his patient, able and fair administration of the affairs of the Senate as its presiding officer, and assure him of our highest esteem and deepest affection. ~28 JOURNAL OF THE SEX ATE, The resolution was adopted unanimously by a rising vote. Mr. Pace offered the following l"L'Solution: A RISOLUTION. Senate Resolution No. 16. Resolved, That the thanks of the Senate be and the same are hereby extended to the Honorable D. F. McClatchey and his able assistants for their devoted and untiring efforts during the present session, and the dispatch practiced by them in expediting the affairs of the Renate. Tlw resolution was adopted. 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 Senate, to wit: By Mr. Pace- Senate Resolution No. 14. A resolution that a committee be appointed to notify the Governor that the General Assembly is now ready to adjourn sine die. The Speaker appoints as a committee on the part of the House under the above resolution of the Senate the following members of the House, to wit: FRIDAY' DECK.\J BER 14, ] 923. 329 Messrs. Milner of Dodge, Bowden of McDuffie, Williams of Harris. The following message was received from th{' House through Mr. Moore, the Clerk thereof: M1. President: The House has adopted the following resolution of the House, to wit: A resolution-That the General Assembly now adjourn sine die. The following House resolution was read and adopted: By Mr. Milner of Dodge- House Resolution No. 42. Resolved, That thC' General Assembly now adjourn sine die. The President declared the Senate adjourned sine die. INDEX TO THE SENATE JOURNAL EXTRAORDINARY SESSION 1923 INDEX PART I SENATE BILLS A AUDITOR, ~TATE-- Create DepartmPnt of ............... 10 14 28 63 66 70 227 B BUDGET SYSTEM- To establish 15 c COMMITTEES, CONFERENCE- Senate Bill No. 2, Income Tax ...... 225 229 234 252 261 262 282 292 322 House Bill No. 47, Commissioner of Revenue ........ 272 286 House Bill No. 11, General Tax Act . . . . . . . . . . . . . . . . . . 305 Senate Resolution So. 4, School Books . . . . . . . . . . . . . . . 307 COMMUNICATIONS AND INVITATIONS- St. Mark's Men's Bible Class . . . . . . . . . . . . . . . . . . . . . . . . 8 University of Georgia, Home Coming Day . . . . . . . . . . . . 9 10 Georgia School of Technology . . . . . . . . . . . . . . . . . . . . . . . 56 Men's Bible Class, 1st M. E. Church, Decatur. . . . . . . . 56 Georgia Federation of Labor . . . . . . . . . . . . . . . . . . . . . . . . . 122 CONSTITV'l'IO:.'\ AL AMENDMENTS-- Income Tax-Lankford-Senate Bill No. 2 .... 10 14 34 41 205 218 229 234 243 250 262 280 317 Budget Committee-Pace . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Property Classification for Taxation . . . . . . . . . . . 16 209 215 Reduce Ad Valorem Tax to Four Mills . . . . . . . . . . . . . . 41 State Budget Commission . . . . . . . . . . 64 66 196 204 210 221 Exempt eertain manufacturers from certain taxation 252 255 272 J JOINT SESSION- Governor's Address ................................ 17 267 Senator "Underwood 125 334 INDEX. M )iESSAGES, EXECUTIVE3 11 17 59 222 266 312 :MESSAGES, HOFSE6 7 16 33 39 63 69 69 84 195 195 214 214 215 226 227 230 234 241 242 249 261 263 266 266 268 272 281 282 283 286 290 291 292 307 308 308 309 ~20 320 320 321 321 321 328 329 p PERSOXAL PRIVILEGE- Senator Picklen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lli PROCLAMATION, GOVERNOR'S- Convening Extraordinary Session 3 PUBLIC PRINTING300 copies, Senate Bill No. 6........................ 31 Senate Bill X o. 2, Be printed. . . . . . . . . . . . . . . . . . . . . . . . . 202 R REPORTS, COXFEREXCE COMMITTEEf-i- Senate Bill X o. 2, Income Tax . . . . . . 22!J 23+ 242 262 280 317 House Bill No. 47, Revenue Act .................... 284 286 Senate Resolution No. 4, School Books . . . . . . . . . . . . . . . 309 House Bill No. 11, General Tax Act................... 318 REPORT, MINORITYHouse Bill No. 30, Repeal 'rax Equalization Act . . . . . . 324 REPORTS, STANDIXG COMMITTEESAppropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Constitutional Amendments ............... 32 40 194 214 255 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Finance ............ 68 84 193 194 231 255 279 290 310 311 s SHERIFF-(See Tax Collectors). SCHOOLS AND SCHOOL LAWSCreate Commission on Text Books .............. :30 34 51 309 1:\DEX. T TAXES A::'\D TAX LAWS-(Se<' Con~titutional Amendments). Repeal Tax Equalization Law ....................... 11 14 Supervise Collection of Occupation, Etc., 'l'axcs.... . . . . 30 Colleetion of Cigar ani! Cigar<>tte Tax 41 62 70 i!l 80 268 27!l TAX COLLECTORS:Make Tax Coll<>etors, PXofficio Sheriffs ......... 252 256 270 PART II SENATE RESOLUTIONS Secretary notify House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i Conunittee, .Joint, to notify Governor . . . . . . . . . . . . . . . . 7 J. B. Douglas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Senator L. D. Passmore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Inviting Oscar W. Underwood to address Gen. Assembl~ 34 Relatiw to prodamations of the Governor.... . . . . . . . . 61 .Joint Session to !war a1l1lress of Senator "r'nderwood.. 84 Employees of Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Adjourn sine die, December 7, 1923 . . . . . . . . . . . . . . . . . . 204 Thomas .J. Appleyard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 General Assembly adjourn sine die, December 14, 1923 256 Instrudions to Conferenee Committe!' on S. B. No. 2 269 .J. E. Pahnour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 David Comfort . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 Xotif~ Governor of sinl' die adjournment . . . . . . . . . . . . 327 Thanks to President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327 Thanks to Secretary 328 PART III HOUSE BILLS TAXES AXD TAX LAWSGeneral Tax Act ............. 63 65 86 127 175 281 293 318 Repeal Tax Equalization Act . . . . . . . . . . . . . . . . 77 82 204 324 Create Department of Rennue .... 215 232 237 257 284 286 Amend Aet, to lev~ tax on dgars and cigarettes 283 290 307 311 312 314 1:\DEX. PART IV HOUSE RESOLUTIONS .Joint :'\ession, Go,ernor 's Addtess . . . . . . . . . . . . . . . . . . . 1tl Endorse plan to eonstrud substitute steam plant for Gorgas plant ...................................... 33 64 Adjourn from Wednesday, Xov. ~8th until Dee. 3r.IBER 7TH, 1923. !J The Speaker appointed the following committee on the part of the House under the aboye resolution: Messrs. Milner of Dodge. Fleming of Hancock. Aubrey of Bartow. Mr. Milner of Dodge, Chairman of the special committee appointed to notify the GoYernor that the General Assembly had convened in extraordinary sesswn, reported that the GoYernor had been so notified. By unanimous consent the following bills and resolutions of the House were introduced, read the first time, and referred to the collllllittees: By Messrs. Stovall of Elbert, Elders of Tattnall, and Moore of 1\. ppling- House Bill No. 1. A bill to repeal an ~\ct to regulate tlw return and assessment of property for taxation in this State and for other purposes. Referrendmeuts to Constitution. By Mr. Smith of Bryan- House Bill Ko. 13. \ hill to amend the Constitution so as to provide for an incomP tax, for certain exemptions, and for other purposes. Hef<_rred to ( 'onnuitiet> on .\mPndments to Constitution. By Me;,;srs. ~llis of Tift and McUlure of WalkerHouse Bill Ko. Hi. ~\ bill to ameml the Consti- tution so as to pnnidP for the creation of a State Budget Commission and for other purposes. RC'ferred to Committe( on .\mPndments to Constitution. By Mr. ~lclers of TattnallHouse Bill Ko. 17. ~\ bill to amPml the Consti- tution so as to authorize inheritance tax, priYilege tax, and occupation tax, and for other purposes. Referred to Committe<' on .\uwmlments to Constitution. \YEDXE@A'l, XoYE:\IBER 7TH, l!l:2:L 13 By Mr. Elders of TattnallHouse Bill No. 18. A bill to amend the Constitu- tion so as to levy a franchise and. license tax and fqr other purposes. Referred to Committee on Anwndments to Constitution. By Mr. Elders of TattnaiiHouse Bill No. 19. A bill to amentl the Constitu- tion so as to levy special taxes upon luxuries and for other purposes. Referred to Committee on ~\nwl}(lments to Constitution. By Mr. Elders of TattnallHouse Bill No. 20. A bill to amend the Constitu- tion so as to exempt property from taxation for State purposes when tax is not needed in any year and for other purposes. Referred to Committee on Amendments to Constitution. By Mr. Elders of Tattnall-House Bill Ko. 21. A bill to amend the Constitu- tion so as to proYide for a classification tax and for other purposes. Referred to Committee on Anwndments to Constitution. By Mr. McCrory of SchleyHouse Resolution No. 2. A resolution that the Rule of the House requiring only one genend bill to be introduced by a member be suspended. Referred to CommittetJ on Rules. .JoeR);AL oF THE Hoc~E, By Mr. whitley of Douglas- House Resolution No. :1. A resolution calling for a recess of the General Assembly until nine days prior to the time for convening for tlw regular ses- sion of 1924 and for other -purposes. Referred to Committee on Rules. Mr. Milner of Dodge County, Vice-Chairman of the Committee on Hules, submitted the following report: Mr. Speaker: Your Committee on Rules have had under con- sideration the following resolution of the House, and ha,e instructeDAY, XoYE:\IBER 7TH, 19:2:3. 15 introduce any number of bills that such member may elect to introduce during extraordinary session. The following resolution of the House was read and adopted: By Mr. Milner of DodgeHouse Resolution No. 4. A resolution that the General Assembly meet in joint session on Thursday, the 8th of NoYember, at 11:30 o'clock, A. M., for the purpose of receiving a message from His Excellency, the Governor. The following resolution of the House was read and lost: By Messrs. Wimberly of Laurens and Riley of Sumter- House Resolution Ko. 5. ~-\.. resolution that the General Assembly do now adjourn sine die. Mr. Milner of Dodge moved that the House do now adjourn until tomorrow morning at 11 :00 o'clock a1Hl the motion prevailed. LeaYe of absence was granted Messrs. Tatum of Dade, Griffis of \Vare, and Parker of vVare. Thr following communication was read: EXECUTIVE DEPARTMENT ATLANTA, GA., Nov. 7, 1923. To the Honorable Speaker of the House: Dear 111 r. Speaker: I have heretofore written each member of the Legislature, inviting the membf'rs to an informal 16 .JoeRXAL OF THE HousE, dinner to be giyen at the Peacock Cafe (corner of Edgewood A Yenue and Peachtree Street, upstairs) this evening at 6 o'clock. In the fear that some of the inYitations may not haYe been deliwn(l I "ill thank you if you will have this letter read to tlw members of the Legislature with the statement that each member of the House is conliall~ imi ted to attend. Y ery sincerely yours, CLIFFORD \VALKER, GoYernor. Mr. DuBose of Clarke extended an invitation to the members of the House to attend the ''Home Coming Day'' exercises vf the rninrsity of Georgia at AtlHns on Hatunla~, J\o\ember the 10th. :Mr. Culpepper of Fayette movccl that the aboYe invitation he accepted and the motion prevailed. The Speaker announced the House adjourned until to-morrow morning at 11 :00 o'clock. THuRSDAY, Km'E:>IBER 8TH, 1H23. 17 REPRESEXTATIYE HALL, ATLAXTA, GA., THURSDAY, NoYE:\IBER 8TH, 1923. The House met pursuant to adjournment this day at 11 :00 o'clock .A. M., \Yas called to order by the Speaker, and opened '.Yith prayer by the Chaplain. By unanimous consent the call of the roll was dispensed with. Mr. Bell of Burke, Chairman of the Cmmnittee on Journals, reported that the .Journal had been read and found correct. Mr. McCrory of Schley monel that the reading of the .Journal of yesterday's proceedings he dispensed with and the motion preYailed. The Journal \HlS confirmed. B~ unanimous consent the following bills of the House were introduced, read the first time, and referred to the committees: By Messrs. Aubrey and Trippe of Bartow and Jenkins of \\!heeler- House Bill Ko. 22. A bill to anwnd the Code of 1910 relatiYe to tax collectors being ex-officio sheriffs in the collection of taxcs and for other purposes. Referred to Committee ou General Judiciary No.1. B~ Mr. Beck of CarrollHouse Bill No. 23. ~-\ bill to provide for furnish- 18 .JOL'R:X AL OF THE Hou:,;E, ing books to school children of common schools under ct>rtain restrictions and for other purposes. Heferrf'(l to Committee on Education. By Mr. StoYall of Elbert- House Bill No. 2-. ~\_ bill to amend the Constitu- tion relatiYe to the tax rate on property in this State aiHl for other purposes. Referre(l to ( 'ommitt<:'l' on ~\_menclments to Con- stitution. By Mr. \Y. R. .Jones of Meriwether- Honse Bill Ko. :25. ~\ bill to anwnd the Constitution so as to authorize taxes to be imposed upon incomes and for other purposes. Heferre(l to Committee on ~\mendments to Constitution. By Mr. \V. R. .J one:,; of Meri\\etherHouse Bill No. 26. ~~ bill to amend the Constitu- tion so as to authorize the levy of a classification tax, and for other purposes. Rderred to ( 'ommitt<>e 011 Amemlments to Constitution. B.v Mr. Bowden of ]\.1[cDuffieHouse Bill No. 2/. ~~ bill to rnoviue and estab- lish a method and basis for computing the value of real estate in Georgia for the purpose of taxation. Hefernd to Committe!' on \Ya~s and Means. 'l'he Sywaker appoi11ted the following committee on the part of the House to escort His Excellency, THI'RSDAY, NoYK\IBER 8Tir, 19:2:3. 19 the Governor, to the floor of the House in accordance with House Resolution No. 4: Messrs. Curry of Randolph. Simpson of Lee. Peter.son of MontgomE>ry. The following- messag-e was r0ceived from the Senate throug-h Mr. McClatchey, the Secretary thereof: Mr. Speaker: The Senate has read and concurred in the follow- ing resolution of the House, to wit: By Mr. Milner of Dodge- House Resolution No. 4. A resolution providing for a joint session of General Assembly to meet at 11 :30 A. M., November 8th, 1923. The President has appointed the following committee on the part of the Senate to escort His Excellency, the Governor, to the floor. of the House, in accordance with the above resolution: Messrs. Mundy of the 38th. Henderson of the 32d. The hour of 11 :30 o'clock A. M. having arrived, the Senate appeared upon the floor of the House, and the joint session, called for the purpose of hearing the address of His Excellency, the Governor, Hon. Clifford \Valker, was called to order by the President of the Senate. By order of the President, the resolution calling 20 .JorRXAL oF THE Hoc:-sE, for the joint session of the General Assembly was rean actinl~ agitaterfect. The report is not my nport. In some respects I would haYe altered it. I would haYe approached the solution of the problem by first repealing the Tax Equalization Law. Faced by a clear mnjorit:v with opposing Yiews in the Senate I can s in \\hich it has been trie(l. A system combining the income tax with the classification tax meets tlw appro\al of students of taxation. It has been g-inn the appronll of the people of the States which have tried the combined system and the Tax Commission urges your body to add the classification law to the income tax. I ear- nestly join in this recommendation. 4. BuDGET SYsTEM Modem business heartily approns a budget system. Its adoption by the Federal Goyernment has met the appro\al of business men throughout the nation. Up-to-date States have also incorporated this system. I do not hesitate to sa~ that this suggestion has met practically the unanimous approval of the people of the State and I cordially urge the General ~-\ssembly to enact such a law. 5. STATE A L"DITOR Separate from the Budget System, but supplementing its work, and a necessary adjunct thereto, is a State A uclitor. The \\"ork of an Auditor is not intended alone to discourage dishonesty, although this feature is incorporated in eYery modem business plan. It is intendetl to suggest modern systems of bookkeeping, checking aml auditing; to suggest overlapping in endeaYor in transacting the business of the State; the reduction of oYerhead and all other expenses and the adoption of P\"('r~ modern economy and other business methods. I do not hesitate to say that if provided I shall endeaYor to make this office at least the foundation for a purchasing system for the State "Thich, while giving preference to merchants in the local Yicinity of the different State institutions, will 8HYe annually several hundred thousand dollars. I cordially commend the pas8nge of this legislation. 6. Ex.FORCE CoLLECTION OF TAxEs The State Tax Commissioner in an open meeting asserted his official opinion that a reasonable force of field inspectors charged with enforcing all tax laws ~would net in the treasury a minimum of onE: million dollars additional income annually. I sincerely share this opinion and I earnestly 11sk that such a force he proYidecl. ~~Yen the establishment of a new department would be economical and wise. However, I have suggested that this force lw provided as a division of the Comptroller-GPIH'ral 's officethus ohviating the establishment of a ne\v department. This suggestion has the approval of the Tax Commission and I confidently trust it "ill he endorsed by the General ~~ssembl~. Kot only the dire need of the institutions of the Statt>, but common honestly E, and trust that some relief may be granted by the Legislature. I recommend that the Tax Equalization Law be repealed and that the ol(l law as to equalization be reenacted. 7. FREE ScHOOL BooKs For seventy years States, counties and municipali- ties have furnished school books for the free use of the pupils of the elementary grades. Experience has shown this practice to be safe, sanitary, economical and wise. Many sub-divisions of this State have tried the system and found it most advantageous. The people unmistakably declared for the adoption of this system in Georgia. It has the approval of the State Superintendent of Schools. Its expense will amount to only 2 per cent of the amount appropriated to the schools. If no means can be provided for the year 1924, I earnestly ask that enabling legislation be adopted providing for the foundation of the system, appropriations to be made in later years when the means are in sight. This could be provided by directing that that portion of the tobacco tax appropriated to the tuberculosis sanitarium at Alto for the years 1924 and 1925 be appropriated to this fund for the years following 1925. This, or some other plan can be arranged following the reformation of the tax laws. I earnestly ask that enabling legislation at least be passed at this extra session. I consider this legislation of secondary importance to tax reformation and suggest that the tax measures be given the right of way. I remind the General Assembly that the people of the State in convention have declared for the system of furnishing school TneR~DAi, NoYK\IBER 8Tn, 1923. 27 books to the elementary grades and I ask that this legislation be enacted before the special session is adjourned. I have exercised the constitutional right in the I:'Xecutive to call you into an extraordinary session in the firm conviction that no grl:'at constructive reformation of the intricate and complicated tax system could be enacted in a regular session, flooded \vith measures of special personal interest to the members, at a time when the State will be charged with political unrest, in the midst of national, State, county and municipal political campaigns. This Yiew accords with the legislatiYe history of other States and even of our own State. Certainly constructin legislation can be consideri>r Phillips of Telfair Pirkren Robertson Sapp Shedd Shettlesworth Steele Stevens Stewar.t Stovall Toole \Varren Way Wimberly of Laurens '\Voodruff Worthy Wright 3-! JouRXAL OF THE HousE, Those voting m the negative were Messrs.: Adair Hateher of Burke Parrish Atkinson of Chatham Hat<'hrr of Mus<'ogee Peek Aubrey Head Penland Bleasc> Holden Perryman Boswell Holton Peterson Bowden Houston Pope Bozeman Howard of Screven Russell Camp of Coweta Hulme Simpson Carr .Jones of Cook Singletary Carter .Jones of Coweta Smith of Bryan Copeland Jones of Floyd Smith of Fulton DeFoor Kempton Smith of Lamar DeLaPerriere King Stanford DuBose Lindsey Stanley Elders Loyd ~Hone Ellis McClure Tippins Evans of Screven McDonald Trippe Eve McGarity Turner Fleming of Hancock Maddox Tyson Fletcher ~fa yo Vaughan .Fowler Meeks Wimberly of Toombs Griner Orr 'Wimberly of Twiggs Harris Parks \Voonry member of this House; Therefore be it resolved, that the members of this House have- heard with deep re>gret of the death of Hon. V. H. Haynes, late Messenger of the House. Resolved further, that the sympathy of the members of this House be extended to the family of the deceased. By unanimous consent the following bills and resolutions of the House were introduced, read the first time, and referred to the committees: By Messrs. Daniel of Troup anc1 Pafford of Lanier- Hause Bill No. 30. A bill to repeal an Act approved August 1st, 1913, to regulate the return and assessment of property for taxation in this State. Mr. Stewart of Atkinson moved that the above bill, referred by the Speaker to the Committee on \Vays and Means, be referred to the Committee on General Agriculture No. 2 and the motion prevailed. By Mr. Barrett of Stephens- House Bill No. 31. A bill to regulate the return "T :).nd assessment of property for taxation. Referred to Committee on ays and Means. 40 .J ol:RI\ AL OF THE Ho-r;sE, By Mr. Milner of DodgeHouse Bill No. 32. A bill to require Comptroller- General to collect all special taxes. Referred to Committee on \Yays and Means. By Messrs. DeLaPerriere and Swindle of Jackson- House Bill No. 33. A bill to amend Section 1793 of Y olume 1, Code of 1910, relatin to sale of fertilizers. Rt>ferre B~~ Messrs. Bussey of Crisp a11 fee for persons owning or possessing a pistol or revolver and method of registration. Referrees, were read the second time: By Messrs. Aubrey ancl 'l'ripve of Bartow and Jenkins of \Vheeler- House Bill Ko. 22. A bill to amend the Code of 1910 relatiYe to tax collectors being ex-officio sheriffs in the collection of taxes, and for other purposes. By Mr. W. H. Jont>s of :Meriwether- Honse Bill Xo. 23. A bill to amend the Constitution so as to authorize taxes to bt> leYied upon in- comes, and for other purposes. Mr. Milner of Dodge moyed that when the House adjourn to-day it stand adjourned until this afternoon at 3 :00 o'clock. Mr. Kew of Laurens monin provided for.'' By Mr. Milner of Dodge- Amend b~' adding the following: ''Provided that the taxes levied under Paragraphs 41, 4:2, 43 and 44, of Section 2, shall be in addition to the taxes levied under tlw Act approved August 15th, 1923, fixing a 1O;!r stamp tax on dealers in cigars and cigarettes, 50 Jo"LRKAL o.F THE Ho"LsE, and shall not be construed to conflict with said Act approYed August 15th, 1923." Committee amends Section 2 by striking Paragraph 41, imposing a tax upon Cigar Makers; Paragraph 4:2, imposing- tax upon "Wholesale Cigar Deal- ers; Paragraph -t-:l, imposing tax upon Retail Deal- ers in Cigars; an do not pass: House Bill No. 43. PARKS of Terrell, Chairman. 66 JorRXAL oF THE Hor:-;E, Mr. Ennis of Baldwin County, Chairman of the Committee on \Vays and Means submitted the following report : Mr. Speaker: Your Committee on \Vays and Means han had under consideration the following bill of the House and have instructed me as Chairman to report the same back to the House with the recommendation that the same do not pass: House Bill No. 40. ENNIS of Baldwin, Chairman. The following resolution of tlw Senate was read and adopted: By Mr. Mason of the 30th and others- Senate Resolution No. 5. A resolution extending an invitation to Senator Oscar \V. Underwood of Alabama to address the General Assembly and providing for a joint committee to arrange a program. The Speaker appointed the following committee on the part of the House under the aboYe resolution: Messrs. \Y. R. Jones of Meri\\ether. Milner of Dodge. Elders of Tattnall. The following resolutions of the House ~were read and adopted: THURSDAY, NovEMBER 15TH, 1923. 67 By Mr. Griffis of Ware- House Resolution No. 12. A resolution expressing the sympathy of the House to Hon. D. H. Meeks of Coffee County in the loss of his brother. By Mr. Culpepper of Fayette- House Resolution No. 13. A resolution extending the thanks of the House to the University of Georgia for entertainment and courtesies shown the members at Athens, Ga., on November lOth, 1923. Under Rule 41 the following bill of the House was taken up for further consideration: By Messrs. Ennis of Baldwin and Dixon of J enkins- House Bill No. 11. A bill to annually levy and collect a tax for the support of the State government and public institutions, and for other purposes. Mr. Linder of Jeff Davis arose and addressed the House on a point of personal privilege. Mr. Stewart of Atkinson moved that individual speeches on the remainder of House Bill No. 11 be limited to :~ minutes, except the Chairman of the Committee on "'\Vays and Means. Mr. Barrett moved to amend the above motion by making the time 5 minutes instead of 3 minutes and the motion prevailed. The motion that individual speeches on the remainder of House Bill No. 11 be limited to 3 minutes prevailed as amended. 68 .JoL"RXAL oF THE HoLTsE, The follmYing message was recei,'ed from the Senate through Mr. McClatchey, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate, to wit: By Mr. Lankford- Senate Bill No. 2. A bill to authorize the levy of an income tax. Mr. Knight of Berrien moYed the previous question on Section 7 and all amendments thereto; the motion preYailed, and the main question was ordered. The following amendment of the House to the committee amendment was read: By Messrs. Holton of ~Wilcox and Elders of Tattnall- ~.\mend the committee amendment to Section 7 by striking the words and figures "one and one half (1:Y:l) per cent," in line 4 of said amendment and substituting in lieu thereof the words and figures "two per cent (2%)." On the adoption of this amendment Mr. Covington of Colquitt called for the ayes and nays and the call was sustained. The roll call was ordered and the vote was as follows: THURSDAY, NovEMBER 15TH, 1923. 69 Those voting in the affirmative were Messrs.: Adams of Frankli!l Hines of Decatur Anderson Hines of Sumter Atkinson of Camden Holton Bandy Howard of Chatta- Banister hoochee Beck Howard of Long Bennett Hulme Blease Huxford Braddy Hyman Branch Jenkins Bussey Johnson of Bacon Carter Johnson of Forsyth Childs Jones of Cook Covington Daniel of Heard King Kirkland Daniel of Troup Knight . Davis of Thomas Lindsey DeFoor Loyd Duvall Lyons Elders McGarity Ellis McMichael Foy McMullan Golden Mansell Griffis Meeks Grovenstein Montgomery Haddock Norman of Colquitt Hamrick Norman of Henry Head Owen Hillhouse Pafford Penland Perkins of Habersham Phillips of Jasper Phillips of Telfair Pickren Pope Price Reville Robertson Russell Rutherford Shedd Shettlesworth Simpson Singletary Spence Stanford Stanley Stewart Tatum Tippins Vaughan Whitley Wimberly of Laurens Wimberly of Twiggs Wright Those voting in the negative were Messrs.: Arnold Aubrey Barrett Bell Boswell Bowden Bozeman Burt Callaway Camp of Campbell Christopher Collins Copeland Culpepper Cumming Curry Davis of Floyd DeLaPerriere Dixon of Wilkinson DuBose Duncan Ennis Evans of Screven Eve Fleming of Columbia Fleming of Hancock Fletcher Fowler Greer Guess Harris Harrison Hatcher of Burke 70 .JorRXAL oF THE HousE, Hatcher of Museogee Miles Smith of Bryan Holden_ Milner Smith of Jefferson Houston Moore Smith of Lamar Howard of Screven Mullis Steele .Jones of Coweta Napier Stevens .Tones of Floyd New Stone Jones, A. D., of Parks Stovall Meriwether Parrish Strickland Jones, \V. R., of Peek Sutlive Meriwether Perkins of Muscogee Toole Jordan Perryman Trippe Kempton Peterson Turner Logan Pickering Tyson McClure Pitts Warren McCrory Riley Way McDonald Roberts Whitworth Maddox Rowe Winship Mann Sapp \Voodruff Those not Yoting were Messrs. : Adair Evans of Warren Adams of Towns Fortson Atkinson of Chatham Gillen Bird Griner Bleckley Harrell Boatwright Langley Brannen Latham Camp of Coweta Linder Carr McCulloug:1 Clark Mayo Cox Orr Dixon of Jenkins Parker Dykes Rountree Smith of Fulton Sweat Swindle Van Landingham West Williams Wilson Wimberly of Toombs Wingate Wood Worthy Mr. Speaker Ayes 83, nays 85. By unanimous consent the verification of the roll call was dispensed with. On the ad.option of the amendment the ayes were 83, nays 85 and the amendment was lost. Mr. Wimberly of Laurens moyed that the House 'THURSDAY, NovEl\IBER 15TH, 1923. 71 reconsider its action in defeating the above mentioned amendment. Mr. Beck of Carroll moved that the House reconsider its action in ordering the main question and the motion prevailed. The following message was received from the Senate through Mr. McClatchey, tlw Secretary thereof: Mr. Speaker: The Senate has passed by tlw requisite constitu.. tional majority the following resolution of the Senate, to wit: By Mr. BeauchampSenate Resolution No. 4. J\ resolution to estab- lish a commission to investigate the establishment of a system of free text books in Georgia. Mr. Milner of Dodge monel that the House do now adjourn; the motion prevailed, and House Bill No. 11 went over as unfinished husiness with the motion of Mr. Wimberly of Laurens that the House reconsider its action in defeating the amendment to the committee amendment pending. The following communication was read: GEORGIA SCHOOL OF TECHNOLOGY ATLANTA, GA., Nov. 15, 1923. HoNORABLE CECIL NEILL, Speaker of the House, State Capitol, City. Dear Sir: It is a pleasure to extend an invitation to the .JoLRxAL OY THE HocsE, members of the General Assembly to be the guests of the Georgia School of Technology at the football game on Saturday afternoon between Georgia Tech and the University of Kentucky. At the same time it will be a good opportunity to see the State's property and the new $200,000 Physics building, ginn Georgia by the Carnegie Foundation and the subscribers to the Greater Tech Fund. At the close of the session at noon on Saturday I shall be glad to be here with tickets for those who will attend, and we hope that you may find it possible to be our guests on this occasion. Sincerely yours, M. L. BRITTAIN' President. Leave of absence was granted Messrs. Cumming of Richmond, Meeks of Coffee, Perryman of Talbot, Collins of Cherokee, Mullis of Bleckley, and Linder of .Jeff Davis. The Speaker announced the House adjourned until this afternoon at 3 :00 o'clock. AFTERNOON SESSION' 3:00 o'cLOCK P.M. The House met again at this hour and was called to order by the Speaker. Mr. Warren of Washington moved that the call of the roll be dispensed with and the motion prevailed. THURSDAY, NovEMBER 15TH, 1923. 73 cnder Rule 41 the following- bill of the House was taken up for further consideration: By Messrs. Ennis of Baldwin and Dixon of J enkins- House Bill No. 11. A bill to annually levy and collect a tax for the support of the State government and public institutions and for other purposes. Mr. Barrett of Stephens moved the previous question on Section 7 and all amendments thereto and the motion prevailed. On the motion that the House reconsider its action in failing to adopt the amendment by Messrs. Holton of -Wilcox and Elders of Tattnall to the committee amendment Mr. Rutherford of Monroe 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. : Adair Childs Adams of Franklin Covington Anderson Daniel of Heard Atkinson of Camden Daniel of Troup Bandy Davis of Thomas Banister DeFoor Beck Duvall Bennett Elders Blease Ellis Braddy Foy Branch Golden Bussey Griffis Carr Grovenstein Carter Haddock Hamrick Harrison Head Hillhouse Hines of Decatur Hines of Sumter Holton Howard of Chatta- hoochee Howard of Long Hulme Huxford Hyman .Jenkins 74 .JouRXAL OF THE HousE, Johnson of Bacon Jones of Cook King Knight Latham Loyl Lyons McMichael Mansell Meeks Montgomery Moore Norman of Colquitt Norman of Henry Owen Pafford Penland Perkins of Habersham Phillips of Jasper Phillips of Telfair Pickren Pope Price Reville Robertson Rowe Rutherford Shedd Shettlesworth Simpson Singletary Spcnl'C Stanford Stanley Stewart Strickland Sweat Tatum warren West Whitley Wimberly of Laurens Wimberly of T"iggs Wingate Worthy Wright Those Yoting in the negative were Messrs.: Arnold Aubrey Barrett Bell Boswell Bowden Bozeman Burt Christopher Clark Copeland Culpepper Curry Davis of Floyd DeLaPerriere DuBose Duncan Ennis Evans of Screven Eve Fleming of Columbia Fletcher :E'owler Gillen Greer Guess Parks Harris Parrish Hatcher of Burke Peck Hatcher of Muscogee Perkins of Muscogcc Holden Perryman Houston Pitts Howa1d of Screven Riley J olmson of Forsyth Roberts ,1 ones of Coweta Sapp .Tones of Floyd Jones, A. D., of Smith of Bryan Smith of l<'ulton Meriwethe1 Smith of Jefferson Jones, W. R., of Smith of Lamar Meriwether Steele Jordan Stone Kempton Stovall Logan Sutlive McClure Toole McCrory Trippe ~fcDonald Tyson McMullan Way Mann wilson Milner Wimberly of Toombs :'\apitr \Voodruff :'\cw THURSDAY, NOVEJ\IBER 15TH, 1923. 75 Those not voting were Messrs. : Adams of Towns Fleming of Hancock Atkinson of Chatham Fortson Bird Griner Bleckley Harrell Boatwright Kirkland Brannen Langley Callaway Linder Camp of Campbell Lindsey Camp of Coweta McCullough Collins McGarity Cox Maddox Cumming Mayo Dixon of Jenkins Miles Dixon of Wilkinson Mullis Dykes Orr EYans of Warren Parker Peterson Pickering Rountree Russell Stevens Swindle Tippins Turner Van Landingham Vaughan Whitworth Williams Winship Wood Mr. Speaker Ayes 87, nays 72. The roll call was verified. On the motion that the House reconsider its ac- tion in failing to adopt the amendment to the com- mittee amendment the ayes were 87, nays 72 and the motion prevailed. The following amendments of the House to the committee amendment were read and adopted: .By Messrs. Holton of wilcox and Elders of Tattnall- Amend the committee amendment to Section 7 by striking the words and figures "one and one-half (11;2%) per cent," in the fourth line of said amendment and substituting in lieu thereof the words aml figures "two per cent (2%)." 76 JouRNAL OF THE Hov:,;E, By Mrs. Napier of Bibb- Amend the committee amendment to Section 7 by striking all words in said amendment after the word "for" in line 10 and substituting therefor the following: ''premiums returned on change of rate or cancelled policies.'' The following committee amendmPnt to Section 7 "'as read and adopted as amended: The committee amends Section 7 by striking all of the first paragraph, beginning "ith the word "shall" in line 3, and emling with the \Yord "companies" in line 10, and inserting in lieu thereof the following: "shall pay one and one-half (llh%) per cent upon gross premiums on business clone in this State for the year, with no de(luction for dividends, whether returned in cash or allowed in payment or reduction of premiums, or for additional insurance, nor shnll any deduction be allowed for premium abatements of any kind or character, or for reinsurance, or for cash surrender Yalues paid, or for losses, or expenses of any kind, said tax being imposed upon gross premiums without any deductions whatsoever except for returned premiums on cancelled policies of fire insurance companies.'' Tlw following amendment was re~Hl and adopted: B~, Mr. Busse) of Crisp- AmeiHl Paragraph 2, Section 9, by adding at the end of the paragraph, the following to wit : "In addition to the taxes hereinabow provided for, sai(l sleeping-car companies shall pay an addi- TH"LRSDAY, 1\o\'E.MBER 15TH, 1923. 77 tional tax in the nature of an additional franchise tax in the amount of all surcharges received and collected by them from their patrons, and which said tax shall be payable out of the sums so collected as surcharges from their patrons, and not payable out of the regular rates received and collected by sai steam plant for the Gorgas plant. The following bills of the House and Senate, favorably reported h~- the committee, were read the second time : By Messrs. Busse~ of Crisp, ~IeMichael of Marion and others- House Bill No. 36. A bill to amend the Constitution to provide for property tax to be relieved of State ad valorem tax, and for other purposes. By Mr. Lankford of the 15th DistrictSenate Bill No. 2. A bill to authorize an income MoNDAY, NovEMBER 19TH, 1923. 105 tax and reduce the State tax rate on property from :five to three mills. The following resolution of the House was read: By Mr. Stewart of Atkinson- House Resolution No. 16. A resolution that the General Assembly adjourn sine die not later than Saturday, November 24th, 1923. Mr. Stovall of Elbert moved the previous question. Mr. Stanford of Lowndes moYed that the resolution be tabled and the motion prevailed. Mr. Stewart of Atkinson arose and addressed the House on a point of personal privilege. Mr. vV. R. .Jones of Meriwether arose and address- ed the House on a point of personal privilege. Under orders of the day the following bill of the House was read the third time and placed before the House for consideration: By Mr. \V. R. Jones of Meriwether- Hause Bill No. 25. A bill to amend the Constitution so as to authorize the levy of a tax upon incomes and for other purposes. Byunanimous consent the House adjourned with Mr. Ellis of Tift in possession of the floor. I . eaye of ahsence was granted Messrs. Anderson of Chattooga and Parhr of Ware. 106 .JouRXAL oF THE HousE, The Speaker announced the House adjourned until this afternoon at 3 :00 o'clock. A~FTERNOON SESSION' 3:00 o'cwcK P. M. The House met again at this hour and was called to order by the Speaker. By unanimous consent the call of the roll was dispensed with. L"nder the order of unfinished business the following bill of the House was taken up for further consideration: By Mr. '\V. R. .Jones of MeriwetherHonse Bill Ko. 25. A bill to amend the Constitu- tion so as to authorize the levy of a tax upon incomes, and for other purposes. By unanimous consent the House adjourned with Mr. Rowe of Richmond in possession of the floor. The Speaker announced the House adjourned until to-morrow morning at 10 :00 o'clock. ~UESOAY, NovEMBER 20TH, 1923. 107 REPRESENTATIVE HALL, ATLANTA, GA., TuESDAY, NoYEl\IBER 20TH, 1923. The House met pursuant to adjournment this clay at 10 :00 o'clock A. M., was called to order by the Speaker, and opened with prayer by the Chaplain. By unanimous consent the call of the roll was dispensed with. Mr. Bell of Burke, Chairman of the Committee on Journals, reported that the Journal had been read and found correct. By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with. The Journal was confirmed. By unanimous consent the following was established as the order of business during the first part of the thirty minutes period of unanimous consents: 1. Introduction of Ke" Matter under the Rules. 2. Reports of Standing Committees. 3. Reading of House bills, favorably reported, the second time. 4. First reading of Senate bills and resolutions. The following bills of the House were introduced, read the first time, and referred to the committees: 108 JouRXAL OF THE HousE, By Messrs. Ellis of Tift and Covington of Colquitt- House Bill No. 5~. .A bill to amenu the Constitution relative to levy and collection of a tax on net incomes for State purposes, and for other purposes. Referred to Committee on Amendments to Constitution. By Mr. Covington of Colquitt- House Bill No. 53. A bill to amend an Act to change the name of the Railroad Commission of Georgia, and for other purposes. Referred to Committee on General Judiciary No. 1. Mr. Ennis of Baldwin County, Chairman of the Committee on Ways and Means submitted the following report : Mr. Speaker: Your Committee on ways and Means have had under consideration the following bill 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: Honse Bill No. 47. Exxrs of Baldwin, Chairman. Mr. Guess of DeKalb County, Chairman of the Committee on General .Judiciary No. 1, submitted the following report: TUESDAY, NO\'E:\IBER 20TH, 1923. 109 Mr. Speaker: Your Committee on General Judiciary No. 1 have had under consideration the following bill 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: House Bill No. 50. GuEss of DeKalb, Chairman. Mr. W. R. Jones of Meriwether County, Chairman of the Committee on Amendments to the Constitution submitted the following report: Mr. Speaker: Your Committee on Amendments to the Constitu- tion 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: House Bill No. 17. House Bill No. 18. House Bill No. 19. 1.. R. JoKES of Meriwether, Chairman. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: 1l'Ir. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the Senate, to wit: 110 JoenxAL OF THE HoesE, Senate Bill No. 9. A bill to create and establish the Departmmt of Audits and Accounts. The following hills of the House, fayorably reported b~ the> committcPs, werP read the second time: By Mr. Elders of TattnallHouse Bill No. 17. A bill to amend the Constitu- tion so as to prodclP for an inheritance tax. By Mr. EldPrs of TattnallHouse Bill No. 18. .A. bill to amend the Constitu- tion to provide a franchise and license tax on corporations. By Mr. Elclers of TattnallHouse Bill No. ] ~). A hill to amend the Constitu- tion to provide a luxury tax. By Mr. Ennis of BaldwinHouse Bill No. 47. ~--\.. bill to create a Department of ReYenues, to dPsignate a Commissioner of Revenue, and for othc>r purposes. By Mr. Cmington of ColquittHouse Bill No. 30. .A bill to amend Civil Code of 1910 so as to permit the Comptroller-General to select an Arbitrator from elsewhere than the Railroad Commission, and for other purposes. Under orders of the day the following bill of the Senate was read the thirc:l time and placed before the House for consideration: TuESDAY, NovEMBER 20TH, 1923. 111 By Mr. Lankford of the 15thSenate Bill No. 2. A bill to amend the Constitu- tion so as to authorize the levy of an income tax and for other purposes. Mr. Hyman of \Vashington mm'ed that 300 copies of the bill, all amendments and substitutes be printed for the use of the members of the House and the motion prevailed. By unanimous consent further consideration of Senate Bill No. 2 'vas postponed until the above mentioned copies of same could be obtained for the use of the members of the House. The following bill of the House was read the third time and placed before the House for consideration: By Mr. Stovall of ElbertHouse Bill No. 5. A bill to amend the Constitu- tion so as to provide for exemption of certain manufacturers from taxation, and for other purposes. Mr. Harrell of Stewart moved that action on the above bill be postponed indefinitely. Mr. Knight of Berrien moved that the House do now adjourn; the motion prevailed, and House Bill No. 5 went over as unfinished business. The Speaker announced the House adjourned until this afternoon at 3 :00 o'clock. AFTERNOON SESSION' 3:00 o'cLOCK P.M. The House met again at this hour and was called io order by the Speaker. 11:2 By unanimous consent the call of the roll was dispensed with. By unanimous consent 300 copies of House Bill No. 47 were ordered printed for the use of the members of the House. The following resolutions of the House were read and adopted: By Messrs. SutliYe of Chatham and Perryman of Talbot- House Resolution No. 18. A resolution extending the privileges of the floor to Ron. John F. Shannon. By Messrs. Hyman and \Varren of \VashingtonHouse Resolution No. 19. A resolution extending the privileges of the floor to Ron. Geo. Gilmore. Under the order of unfinished business the following bill of the House was taken up for further consideration: By Mr. Stovall of ElbertHouse Bill No. 5. A bill to amend the Constitu- tion so as to provide for exemption of certain manufacturers and for other purposes. Mr. Smith of Bryan moved that the bill and all amendments be tabled. Mr. Harrell of Stewart moved that the House do now adjourn. No quorum voting on this motion the Speaker ordered the call of the roll and the vote was as follows: TuESDAY, NovEMBER .20TH, 1923. 113 Those Yoting in the affirmative were Messrs. : Arnold Barrett Christopher Daniel of Heard Kempton Latham Riley Russell wingate Those voting in the negative were Messrs.: Adams of Franklin Guess Norman of Colquitt Aubrey Haddock Pafford Bandy Harrell Parrish Beck Harris Peek Bell Harrison Penland Blease Hatcher of Burke Perkins of Boswell Hatcher of Muscogee Habersham Bowden Hines of Decatur Perryman Branch Hines of Sumter Peterson Brannen Holden Phillips of Jasper Callaway Houston Phillips of Telfair Camp of Campbell Howard of Chatta- Pickren Carr hoochee Pitts Clark Howard of Long Pope Collins Howard of Screven Price Copeland Huxford Reville Covington Hyman Roberts Cox Jenkins Robertson Curry Jones of Coweta Rowe Daniel of Troup Jones, W. R., of Rutherford Dixon of Jenkins Meriwether Shedd Dixon of Wilkinson Jordan Simpson DuBose King Singletary Duncan Kirkland Smith of Bryan Duvall Knight Smith of Jefferson Elders Lindsey Smith of Lamar Ellis Lyons Spence Ennis McClure Stanford Evans of Warren McCullough Steele Eve Maddox Stevens Fleming of Columbia Mann Stewart Fleming of Hancock Mansell Stovall Fletcher Milner Sutlive Fortson Montgomery Sweat Foy Moore Toole Gillen Mullis Trippe Grovenstein Xaph'r Tyson 114 JouRXAL oF THE HousE, Way West Whitworth Williams \Vilson Wimberly of Twiggs \Vimberly of Laurens Winship \Vimberly of Toombs Y.loodru1' Those not voting- were Messrs. : Adair Adams of Towns Anderson Atkinson of Camden Atkinson of Chatham Banister Bennett Bird Bleckley Boatwright Bozeman Braddy Burt Bussey Camp of Coweta Carter Childs Culpepper Cumming Davis of Floyd Davis of Thomas DeFoor DeLaPerriere Dykes Evans of Screven Fowler Golden Greer Griffis Griner Hamrick Head Hillhouse Holton Hulme Johnson of Bacon Johnson of Forsyth Jones of Cook Jones of Floyd Jones, A. D., of Meriwether Langley Linder Logan Loyd ~feCrory McDonald McGarity McMichael McMullan Mayo Meeks Miles ~ew Xorman of Henry Orr O"en Parker Parks Perkins of Muscogec Piekering Hountrcc Sapp Shett lesworth Smith of Fulton Stanley Stone Strickland Swindle 'ratum Tippins Turner Y an Landingham Vaughan \Varren Whitley Wood Worthy Wright Mr. Speaker Ayes 9, nays 118. By unanimous consent the wrification of the roll call was dispensed with. On the motion that the House do now ad,iourn the ayPs were 9, nays 118, and the motion "as lost. TuE~DAY, NovE:>.IBER :20TH, 1923. 115 The motion that House Bill No. 5 and all amendments be tabled was lost. On the motion to indefinitely postpone Mr. \Vimberl~ of Toombs moYe(l the preYious question; the motion pren1iled, and the main question was ordered. The motion to indefinite!} postpone was lost. Mr. Harrell of Stewart moved the previous question on the bill and all amendments; the motion preYailed, and the main question was ordered. The following amendments were read and adopted: By Mr. McMichael of Marion- Amend the caption by inserting between the words "electricity" and "may" in line 9 the following words: ''also creameries and cheese factories.'' B~ Mr. McMichael of Marion- Amend Sect~on 1 by inserting between the words "electricity" and "may" in line 10 the words "also creameries and cheese factories.'' By Mr. McMichael of Marion- _._\.mend by striking the words ''seven years'' wherever they occur in the bill and substituting therefor the words ''five years.'' By Mr. McClure of Walker- Amend by inserting in line 10 of the caption between the words ''municipal'' and ''taxes'' the 116 JolJRXAL OJ<' THE Ho17sE, words ''ad valorem'' and by inserting in line 12 of Section 1 between the words ''municipal'' and ''taxes'' the words ''ad valorem.'' On agreeing to the report of the committee, which was favorable to the passage of the bill, Mr. Stovall of Elbert called for the ayes and nays aml the call was sustained. The roll call was ordered and the vote was as follows: Those voting m the affirmative were Messrs. : Adair Hatcher of Burke Adams of Franklin Hillhouse Atkinson of Camden Holden Barrett Hulme Blease Johnson of Bacon Bowden Jones of Cook Braddy Jones, A. D., of Brannen Meriwether Camp of Campbell Jordan Childs Kempton Christopher King Clark Knight Copeland Latham Cox Lindsey Culpepper Loyd Curry Lyons Dixon of Jenkins McClure Duncan McCrory Ennis McCullough Evans of Screven McMichael Eve McMullan Fleming of Columbia Maddox Pleming of Hancock Mann Fletcher Mansell Golden Meeks Xa pier ::"nded: Senate Bill No. 9. Hespt>ctfully submitted, GvEss of DeKalb, Chairman. By unanimous consent the following bills of the House, favorably reported, were read the second time: By Mr. Holden of ClarkeHouse Bill Ko. -8. A hill to ameiHl the Constitu- tion exempting until .January 1st, 1935, property of factories manufacturing cheese. By Messrs. Ellis of Tift and McClure of \ValkerHouse Bill No. 51. A bill to amend Constitution to proyide for the cr<"ation of a State Budget Com- mission, prescribing its power, and for other purposes. By Messrs. Ellis of Tift, C'oYington of Colquitt and others- House Bill Ko. 52. A bill to amend the Constitution to leYy a tax on net income for State purposes, and for otlwr purposes. By unanimous consent House Bill No. 35 was withdrawn from the House. Mr. Stovall of Elbert moved that the House re- "'ED~EI:"DAY, KovEl\IBER 21sT, 192:~. 123 consider its action in disagreeing to the report of the committee, which was favorable to the passage of the bill, on House Bill No. 5. Mr. Toole of Decatur moved the previous question; the motion pre,ailed, and the main question was ordered. The motion of":Mr. Stovall of Elbert prevailed and House Bill Ko. 5 was placed at the foot of the calendar. Under the order of unfinished business the following bill of the Senate was taken up for further consideration : By Mr. l . ankfor(l of the 15thSenate Bill No. 2. A bill to amend the Constitu- tion so as to authorize the levy of a tax upon incomes, and for other purposes. By unanimous consent the House now adjourned with Mr. Covington of Colquitt in possession of the floor. Leave of absence was granted Mr. Roberts of Cobb. The Speaker announced the House adjourned until this afternoon at 3:00 o'clock. AFTERXOON SESSION' 3:00 o'cLocK P. M. The House met again at this hour and was called to order by the Speaker. .JouRXAL oF THE HousE, The roll was called and the following members answered to their names : A dah Daniel of Heard Hines of Sumter Adams of Franklin Daniel of Troup Holden Adams of Towns Davis of Floyd Holton Anderson Davis of Thomas Houston Arnold DeFoor IIowal'rt h Worthy Simpson Wright Singletary Mr. Speaker TucnsD.\T, No\'E:\IBER :22xD, 192:1. 129 Mr. Bell of Burke, Chairman of the Committee on Journals, reported that the .Journal had been read and found correct. By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with. The Journal was confirmed. By unanimous consent the following was established as the order of business Reports of Standing Committees. 3. Reading of House bills, favorably reported the secoml time. 4. First rea JorR.XAL OF THE Hol!::>E, By unanimous consent the reading of the Journal of yesterday's proceedings \Yas (lispensed with. The .Journal was confirmed. By unanimous consent the following was established as the order of business during the first part of the thirty minutes period of unanimous consents: 1. Introduction of Kew Matter under the Rules. 2. .Reports of Standing Cammittees. :3. Reading of House and Senate hills, fayorably reported, the second time. 4:. First reading of Senate bills and resolutions. By unanimous consent the following hill of the House was introduced, read the first time, and referred to the committee: By Mr. Penland of GilmerHouse Bill No. 55. A bill to amend the Constitu- tion so as to authorize the ex('mption of $500.00 of personal property from taxation, and for other purposes. Referrecl to Committee on )uupn(lnwnts to Constitution. Mr. Elders of Tattnall County, Chairman of the Committee on Education, submitted the following report: Mr. Speaker: Your Committee on Education have had under con- FRID.H, NoYEl\IBER 23RD, 1923. 137 sideration the following resolution of the Smulte and luwe instructed me as Chairman to report the same back to the House with the recommendation that the same do pass : Senate Resolution No. 4. ELDERs of Tattnall, Chairman. By unanimous consent the following resolution of the Senate, favorably reported by the committee, was read the second time: B~ Mr. Beauchamp of the 22ncl- Senate Resolution No.4. A resolution to create a commission to investigate the establishment of a system to supply free text books, and for other purposes. By unanimous consent House Bill Ko. 15 was withdrawn from the House. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: Mr. Speaker: The Senate has read and aclopted the following resolution of the Senate, to wit: Senate Resolution No. 8. A resolution providing for a joint session of the General Assembly at 12 o'clock noon toda~, Friday, November 2~, 1923. The President has appointed as a committee on the part of the Senate the following: 138 JouRNAL OF THE Hoc~E, The Senator from the 2d, Mr. Miller. The Senator from the 18th, Mr. Phillip~. The Senator from the 19th, Mr. Bo~d. The Senator from the 40th, Mr. Hmnb~' The following resolution of the Senate was read and adopted: . By Mr. Pace of the 13thSenate Resolution No. 8. A resolution providing for a joint session of the General Assembly at 12 :00 o'clock, N oyember 23, 1923, to hear an address by Senator Oscar W. Underwood of Alabama. The Speaker appointed the following committee on the part of the House to act as an escort under the ahoye resolution: Messrs. Aubrey of Bartow. Smith of Lamar. Curry of Randolph. Perkins of Muscogee. Hulme of Elbert. 1~wler the order of unfinished business the following bill of the Senate was taken up for further consideration: By Mr. Lankford of the 15th- Senate Bill No. 2. _.\ bill to amend the Constitution so as to authorize the leYy of a tax upon incomes and for other purposes. FRIDAY, NovEMBER 23Rn, 1923. 139 Mr. Guess of DeKalb arose and addressed the House on a point of personal privilege. The hour of 12 :00 o'clock noon having arrived, the Senate appeared upon the floor of the House, :m(l the joint session, called for under Senate Resolution No. 8 for the purpose of hearing the address of Sen. Oscar \V. Underwood, was called to order b~- the President of the Senate. By the order of the President the resolution calling for the joint session of the General Assembly was read by the Secretary of the Senate. Senator Oscar \V. Underwood of Alabama, was introduced by Mr. H. H. Elders, of Tattnall County. Senator Oscar Vv. Underwood delivered an ad- dress to the House. Mr. Perryman of Talbot moved that the General Assembly, in joint session convened, do now dissolve, and the motion prevailed. The Senate withdrew from the floor of the House. Mr. Milner of Dodge moved that the House do now adjourn until Monday morning at 10 :00 o'clock; the motion prevailed, and Senate Bill No. 2 went over as unfinished business. Leave of absence was granted Messrs. Pitts of Gordon, Jenkins of Wheeler, Hines of Sumter, and Riley of Sumter. The Speaker announced the House adjourned until Monday morning at 10 o'clock. 140 JouRxAL OF THE Ho"LsE, REPRESEXTATI\'E HALL, ATLAXTA, GA., MoxDAY, NovEMBER 26TH, 192~3. The Hou~:>e met pursuant to adjournment this llay at 10 :00 o'clock ~\.. M., "as called to order by tlw Speaker, aiHl opened with prayer hy the Chaplain. The roll was called and the following members an~:>wered to their names: Adair Childs Adams of Franklit. Christoplll'r Adams of Towns Clark Anderson Collins Arnold Copeland Atkinson of Camden Covington Atkinson of Chatham Cox Aubrey Culpepper Bandy Cumming Banister Curry Barrett Daniel of Heard Beck Daniel of Troup Bell Davis of Floyd Bennett Davis of Thomas Bird DeFoor Blease DeLaPerriere Bleckley Dixon of Jenkins Boatwright Dixon of Wilkinson Boswell DuBose Bowden Duncan Bozeman Duvall Braddy Dykes Branch Elders Brannen Ellis Burt Ennis Bussey EYans of SercYcn Callaway Enws of ~Warren Camp of Campbell Eve Camp of Coweta Fleming of Columbia 'larr }'leming of Han.IBEH :26TH, 19:23. 141 Jenkins Johnson of Bacon Johnson of Forsyth Jones of Cook Jones of Coweta Jones of Floyd Jones, A. D., of Meriwether Jones, W. R., of Meriwether Jordan Kempton King Kirkland Knight Langley Latham Linder Lindsey Logan Loyd Lyons McClure McCrory McCullough McDonald McGarity McMichael McMullan Maddox Mann Mansell Mayo Meeks Miles Milner Montgomery Moore Mullis X a pier Smith of Jefferson New Smith of Lamar Norman of Colquitt Spence Norman of Henry Stanford Orr Stanley Owen Steele Pafford Rtewart Parker SteYens Parks Stone Parrish StoYall Peek Strickland Penland Sutlive Perkins of Sweat Habersham Swindle Perkins of Muscogee Tatum Perryman Tippins Peterson Toole Phillips of Jasper Trippe Phillips of Telfair Turner Pickering Tyson Pickren Van Landingham Pitts Vaughan Pope \Varren Price Way Reville West Riley Whitley Roberts Robertson Rountree Rowe Russell Whitworth Williams Wilson Wimberly of Laurens Wimberly of Toombs Rutherford Wimberly of Twiggs Sapp Wingate Shedd Winship Shettlesworth \Vood Simpson Woodruff Singletary Worthy Smith of Bryan Wright Smith of Fulton Mr. Speaker Mr. Bell, Chairman of the Committee on Journals, reported that the Journal had been read and found correct. 142 .JotRxAL oF THE Hot:sE, By unanimous consent the reading of the Journal of Friday's proceedings was dispensed with. The Journal was confirmed. By unanimous consent the following was established as the order of business during the first part of the thirty minutes period of unanimous consents: 1. Introduction of New Matter under the Rules. 2. Reports of Standing Committees. ~ 3. Reading of House bills, favorably reported, the second time. 4. First reading of Senate bills and resolutions. The following resolution of the House was read and adopted : By Mr. Knight of BerrienHouse Resolution No. 20. A resolution that leaves of absence be granted only on account of sickness during the remainder of this extraordinary session, and for other purposes. Under the order of unfinished business the following bill of the Senate was taken up for further consicleration: By Mr. Lankforcl of the 15thSenate Bill No. 2. A bill to amend the Constitu- tion so as to authorize the levy of a tax upon incomes, and for other purposes. By unanimous consent the House adjourned, and Senate Bill No. 2 went over as unfinished business with Mr. Langley of Floyd in possession of the floor. MoxDAY, KoYEl\IBER 26TH, 1923. 143 The following communication was read: THE JOURNAL OF LABOR OFFICIAL ORGAN ATLAXTA FEDERATIOX OF TRADES JEROME JOKES, EDITOR . ATLAXTA, GA., Nov. 23, 1923. HoN. CECIL NEAL, Speaker of the House of the Georgia General Assembly. Dear Sir: In the name of the \Vorking people of this State, we are herewith transmitting to you a memorial with the request, if you deem such procedure proper, that it be read during the session of the House. Yours with respect, JEROME J oxEs, Chairman. L. P. MARQUARDT, Secretary. J. F. ScoTT. vVl\L vANHoUTEN. CHAS. B. GRAMLIXG, Legislating Committee Atlanta Federation of Trades. c. w. CUNNINGHAM, President Atlanta Federation of Trades. CHAS. B. GRAMLING, President Georgia Federation L. P. MARQUARDT, of Labor. Secretary Georgia Federation of Labor. H-! .Jonc\AL OF THE Hm:sE, To His Excellency, Cliff'ord Walker, Governor of Georgia, and Senators and Representatives of the General Assembly of the State of Georgia: Ladies and Gentlemen: Tlw Legislative Committee of the Atlanta Federation of Trades, and the Georgia Feueration of Labor, representing the massPs of thP people of Georgia, most respectfully submit to Your Honorable body: That the income tax as applied to the men and women of labor in the state would be unjust. It will penalize labor. A goYernuwnt has the legal and the moral right to tax the product of labor, but we orgia would not wilfull~ commit so heinous a crime. \Ve submit that this is a form of oppressionunwise, unjust, ancl calculated to create a feeling of dissatisfaction among the men and women of toil, "here there should be at least a reasonable degree of happin.:~ss ancl tranquillity. ~We can not understand a condition of affairs existing in Georgia-a State abounding in natural resources, its commerce and railroads and banks ranking with similar institutions of the most progressive MoxDAY, NovEMBER 26TH, 1923. 145 of our States-that compel the levying of a tax on wages and salaries-coining the sweat of the laborers of the State into revenue in order to meet its financial obligations. Labor is not a commodity-nor an article of commerce-his wage, the result of his individual efforts should not be considered a subject for taxation. The laborer is a citizen who respects law and contributes to and enjoys the services of government as do other citizens. He does not seek to shirk his responsibilities in meeting the obligations of government, but he does ask that those obligations he imposed fairly and equitably with due consideration to the net income he e:qjoys, which ''net'' must form the basis of any income tax systPm that is just. \Ve further submit the laborer is a consumer, having to purchase all the necessities, fees for doctor, dentist, written or printed on their ballots the words: ''For ratification of amendment to Section two (2) of Article senn (7) of the Constitution authorizing the imposing of taxes upon incomes;'' and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the .words: '' ~\gainst ratification of amendment to Rc>ction two (:.n, ~\ rticle sewn (7) of the Constitution authorizing the imposing of taxes upon incomes;'' and if the majority of the electors qualified to vote for the members of the General Assembl~ voting thereon shall Yote for ratification thereof, when the returns shall be consolidated, as 1ww requirecl by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation to that effect h~ publication of the results of said election b~ on<> insertion in one of the daily papers of this State, <1eclaring the amendment ratified. SECTIO~ 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. DeLaPerriere of .Jackson mo,ed the previous question on the bill and all amendments thereto; the 154 JoL'RNAL OF THE HoT:sE, motion prevailed, and the main question was ordered. The following amendments of the committee were read and adopted : Committee amends by striking from the first paragraph of the proposed Constitutional ~\mendment, the word "authority" in line 2 and substituting in lieu thereof the word ''power.'' Committee amends such paragraph by striking the word "net" and the words " (net incomes within the meaning of this Act shall be defined by the General Assembly)." Committee amends said paragraph by striking from said Section the following words: ''Provided that provision shall be made in the law for levying such taxes for crediting the same with the amount of ad valorem taxes paid to the State during the year for which such incomes are taxed.'' Committee amends said paragraph by striking the words ''and to provide further for such exemptions as may appear to the General Assembly to he reasonable, which shall not be less than one-thousand dollars for a single person without dependent or dependents, and two thousand dollars for a married man or person having dependent or dependents receiving chief support from the taxpayer, and not less than four hundred dollars for 0ach dependent.'' And substituting in lieu thereof the words ''and the law levying the same may contain exemptions.'' On the substitute by Mr. Bussey of Crisp Mr. Bus- TuESDAY, Kon:-.rnEH ~7TH, 1923. 155 sey of Crisp called for the ayes and nays and the call was sustained. The roll call was ordered and the Yote was as follows: Those voting m the affirmati,e were Messrs.: Adair Anderson Banister Blease Bozeman Braddy Branch Bussey Covington Daniel of Troup Davis of Thomas Foy Golden Haddock Holton Huxford Jones of Cook Jordan King Knight Linder McMichael Mansell ~files Norman of Henry Phillips of Telfair Riley Robertson Simpson Singletary Stanford Stanley Van Landingham West Wimberly of Laurens Wimberly of Toombs Wimberly of Twiggs Those voting m the negative were Messrs.: Adams of Franklin Carter Adams of Towns Childs Arnolil Christopher Atkinson of Camden Clark Atkinson of Chatham Collins Aubrey Copeland Bandy Cox Barrett Culpepper Beck Cumming Bell Curry Bird Daniel of Heard Boatwright Davis of Floyd Boswell DeFoor Bowden De LaFerriere Brannen Dixon of Jenkins Burt Dixon of Wilkin~cu Callaway DuBose Camp of Campbell Duncan Camp of Coweta Duvall Carr Dykes Elders Ellis Ennis E,ans of Screven Evans of warren Eve Fleming of Columbia Fleming of Hancock Fletche-r Fortson Fowler Gillen Greer Grovenstein Guess Hamrick Harrell Harris Harrison Hatcher of Burke 156 .JouRXAL OF THE HousE, Hatcher of Muscogee Head Hillhouse Hines of Decatur Hines of Sumter Holden Houston Howard of Chatta- hoochee Howard of Long Howard of Screven Hulme Hyman Jenkins Johnson of Bacon .Tohnson of Forsyth Jones of Coweta Jones of Floyd Jones, A. D., of Meriwether Jones, W. R, of Meriwether Langley Latham Lindsey Logan Loyd Lyons McClure McCrory McDonald McGarity McMullan Maddox Mann Mayo Meeks Milner Montgomery Moore Mullis Napier New Norman of Colquitt Orr Owen Pafford Parker Parks Parrish Penland Perkins of Hab- ersham Perkins of Muscogee Perryman Peterson Phillips of Jasper Pickren Pitts Pope Reville Roberts Rountree Rowe Russell Rutherford Sapp Shedd Shettlesworth Smith of Fulton Smith of Jefferson Smith of Lamar Spence Steele Stevens Stewart Stone Stovall Strickland Sutlive Sweat Swindle Tatum Tippins Toole Trippe Tyson Vaughan Warren Way Whitley Whitworth Williams Wilson Winship Wood Woodruff Worthy Thosf' not voting were Messrs. : Bennett Bleckley Griffis Griner Kt>mpton Kirkland McCullough Peek Pickering Riley Smith of Bryan Turner Wingate Wright Mr. Speaker Ayes 37, nays 154. TuEsDAY, NovEMBER 27TH, 1923. 157 By unanimous consent the verification of the roll call was dispensed with. On the adoption of the substitute by Mr. Bussey of Crisp the ayes were 37, nays 154, and the sub~ stitute was lost. All substitutes offered for the bill were lost. The report of the committee, which was favorable to the passage of the bill as amended, 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. : Adair Culpepper Adams of Franklin Daniel of Heard Adams of Towns Davis of Floyd Anderson DeFoor Arnold Dixon of Jenkins Atkinson of Camden DuBose Aubrey Duncan Bandy Duvall Beck Dykes Bell Elders Boatwright Ellis Braddy Ennis Branch Evans of Screven Brannen Fleming of Columbia Burt Fleming of Hancock Bussey Fletcher Camp of Campbell Fortson Camp of Coweta Gillen Carr Greer Carter Grovenstein Childs Guess Christopher Haddock Copeland Hamrick Covington Harrell Cox Harris Hatcher of Burke Head Hillhouse Hines of Decatur Hines of Sumter Holden Holton Houston Howard of Chatta- hoochee Howard of Long Howard of Screven Hulme Hyman Jenkins Johnson of Bacon .Tohnson of Forsyth Jones of Cook Jones of Coweta Jones, A. D., of Meriwether Jones, W. R., of Meriwether .Jordan Knight 158 JouRXAL OF THE HousE, Latham Logan Loyd Lyons McClure McCrory McDonald ~fcGarity McMichael McMullan Maddox Mann Mansell Mayo Meeks Milner Montgomery Moore Mullis Xa pier Norman of Colquitt Norman of Henry Orr Pafford Parker Parrish Penland Perkins of Habersham Perryman Phillips of Jasper Pickren Pope Price Reville Robertson Rountree Russell Shedd Shettlesworth Simpson Singletary Smith of Jefferson Smith of Lamar Spence Stanford Stanley Steele Stevens Stone Stovall Strickland Swindle Tatum Toole Tyson Van Landingham \Varren Way West Whitworth Williams Wilson ~Wimberly of Toombs Wimberly of Twiggs Wingate Winship Wood \Voodruff Worthy Those voting in the negati\'e were Messrs.: Atkinson of Chatham Evans of ~Warren Perkins of Muscogee Banister Eve Peterson Barrett Fowler Phillips of Telfair Bird Foy Pitts Blease Golden Roberts Boswell Hatcher of ~fuscogee Rowe Bowden II uxford Rutherford Bozeman Jones of Floyd Sapp Callaway Kempton Smith of Fulton Clark King Stewart Collins Langley Sutlive Cumming Linder Sweat Curry Lindsey Tippins Daniel of Troup Miles Trippe Davis of Thomas New Vaughan DeLaPerriere Owen Whitley Dixon of Wilkinson Parks ~Wimberly of Laurens TL:ESDAY, NovElVIBER 27TH, 1923. 159 Those not voting were Messrs. : Bennett Bleckley Griffis Griner Harrison Kirkland McCullough Peek Pickering Riley ""'\yes 141, nays 51. Smith of Bryan Turner Wright Mr. Speaker By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill as amended the ayes were 141, nays 51. The bill having received the requisite constitutional majority "\vas passed as amended. Mr. :Milner of Dodge, Vice-Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules having had under consideration the preparation of a Calendar, recommends that the following Calendar be fixed for \Vednesday morning: (1) House Bill No. 47. A hill to provide for a Revenue Department. (2) Senate Bill Xo. 9. A hill to create an Audit Department. Respectfully submitted, MILXER of Dodge, Vice-Chairman. The report of the Committee on Rules was agreed to and the order of business contained therein established. 160 .JouRXAL oF THE HousE, .Mr. Milner of Dodge moYed that the House do now adjourn and the motion preYailed. Leave of absence was granted Mr. -Wimberly of Toombs. The Speaker announced the House adjourned until to-morrow morning at 10 :00 o'clock. \VEDXE~DAT, NovEl\IBE~ 28TH, 1923. 161 REPRESENTATIVE HALL, ATLANTA, GA., WEDNESDAY, NovEMBER 28TH, 1923. The House met pursuant to adjournment this day at 10:00 o'clock ~-\. M., was called to o_rder by the Speaker, and opened with prayer by the Chaplain. . By unanimous consent the call of the roll was dispensed with. Mr. Bell of Burke, Chairman of the Committee on Journals, reported that the Journal had been read and found correct. By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with. The Journal was confirmed. By unaimous consent the following was established as the order of business during the first part of the thirty minutes period of unanimous consents: 1. Introduction of New Matter under the Rules. 2. Reports of Standing Committees. 3. Reading of House bills, favorably reported the second time. 4. First reading of Senate bills and resolutions. By unanimous consent the following resolution of the House was introduced, read the first time, and referred to the committee: B~ Mr. Jones of Floyd- House Resolution 21. A resolution calling for the appointment of a committee to inYestigate the tlelinquences iu the collection of taxes on inlwritances in this Rtate, an for further consideratioiL The order of lmsinPss contained m saiw of Laurens and otlwrs. House Resolution ~o. :2:2. ~\..resolution that when the General ~\ssembly adjourn to-day it stand atljomned until Monda: morning, Decemher :~d, 19:2:1, at 10 :00 o'clock. Mr. "Winship of Bibb monel the preYious question; the motion preYailed, and the main question was ordered. The resolution \nts ~Hlopted. Mr. Rowe of Richmond arose and a House "as called to onler b~ the Speaker. The following resolution of thP House was reaill of Muscogee and Parks of Terrell- House Resolution No. 26. A RESOLUTION whereas, news has been received of the death this morning of the mother of Representative Harrell of Stewart County, 168 .J ouRx AL OF THE HousE, Be it resol1,ed by the House, that the members of this body learn with profound sorrow of the great bereannwnt of their esteemed colleague and extend to him tlwir heartfelt sympathy. B~ Mr. Pitts of Gonion- House Resolution No. '27. A resolution that such pay or mileagE> as may be due the late Messenger of the HousP, Ron. Y. H. Haynes, be paid to his daughter, Mrs. A. L. HPnson. Ull was taken up for furtlwr consideration: By Mr. Ennis of Bahlwin- House Bill":Ko. 47. A hill to create a Department of HPvenues for the State of Georgia, and for other purposes. Mr. Mihwr of Dod the House adjourned until this afternoon at ;) :00 o'clock. AFTERXOO~ SESSION, 3:00 o'cLOCK P.M. The House met again at this hour and was called to order by the Speaker. MoNDAY, DECEMBER 3~v, 1923. 169 By unanimous consent the call of the roll was dis- pensed with. lJ"nder the order of unfinished business the following bill of the House was taken up for further consideration: By Mr. Ennis of Baldwin- House Bill No. 47. A bill to create a Department of Revenues for the State of Georgia and for other purposes. Mr. Milner of Dodge moved that the House do now adjourn; the motion prevailed, and House Bill No. 47 went over as unfinished business. The Speaker announced the House adjourned until to-morrow morning at 10 :00 o'clock. 170 JoeRXAL OF THE HousE, REPRESEXTATIYE HALL, ATLAXTA, GA., TrEsDAY, DECE.\IBEH 4TH, 1923. The House met pursuant to adjournment this day at 10 :00 o'clock \.. M., was called to order by t b~ Speaker, and opened \Yith prayt>r by tlw Chaplain. The roll was called and the follo\ving members answPrecl to their names: Adair Childs Fortson Adams of Franklin Christopher Fowler Adams of Towns Clark Foy Anderson Collins Gillen Arnold Copeland (;olden Atkinson of Camden Covington Greer Atkinson of Chatham Cox Griffis Aubrey Culpepper Griner Bandy Cumming Gro\enstein Banister Curry Guess Barrett Daniel of Heard Haddock Beck Daniel of Troup Hamrick Bell Davis of Floyd Harrell Bennett Davis of Thomas Harris Bird DeFoor Harrison Blease DeLaPerriere Hatcher of Burke Bleckley Dixon of Jenkins Hatcher of Muscogee Boatwright Dixon of Wilkinson Head Boswell D'.!Bose Hillhouse Bowden Duncan Hines of Decatur Bozeman Duvall Hines of Sumter Braddy Dykes Holden Branch Elders Holton Brannen Ellis Houston Burt Ennis Howard of Chatta- Bussey Evans of Screven hoochee Callaway Evans of 'Varren Howard of Long Camp of Campbell Eve Howard of Screven Camp of Coweta Fleming of Columbia Hulme Carr Fleming of Hancock Huxford Carter Fletcher Hyman TuESDAY, DEcEMBER 4TH, 1923. 171 Jenkins Johnson of Bacon Johnson of Forsyth Jones of Cook Jones of Coweta Jones of Floyd Jones, A. D., of Meriwether Jones, W. R., of Meriwether Jordan Kempton King Kirkland Knight Langley Latham Linder Lindsey Logan Loyd Lyons McClure McCrory McCullough McDonald ~IcGarity McMichael ~IeMullan Maddox !\!ann Mansell Mayo Meeks Miles Milner ~fontgomery Moore Mullis Xa pier New X orman of Colquitt Norman of Henry Orr Owen Pafford Parker Parks Parrish Peek Penland Perkins of Haber- sham Perkins of Mnscogee Perryman Peterson PhiIIips of Jasper Phillips of Telfair Pickering Pickren Pitts Pope Price ReYille Riley Roberts Robertson Rountree Rowe Russell Rutherford Sapp Shedd Shettlesworth Simpson Singletary Smith of Bryan Smith of Fulton Smith of Jefferson Smith of Lamar Spence Stanford Stanley Steele Stevens Stewart Stone Stovall Strickland Sutlive Sweat Swindle Tatum Tippins Toole Trippe Turner Tyson Van Landingham Vaughan Warren Way West Whitley Whitworth Williams \Vilson Wimberly of Laurens Wimberly of Toombs Wimberly of Twiggs Wingate Winship Wood Woodruff Worthy Wright Mr. Speaker Mr. Bell of Burke, Chairman of the Committee on .Journals, reportt'd that the .Journal had been rear1 and founrl correct. 172 JouRNAL OJ<' THE HousE, By unanimous consent the reading of the Joumnl of yesterday's proceedings was dispensed with. The Journal was confirmed. Mr. Milner of Dodge, Vice-Chairman of the Committee on Rules, submitted the following report: Jfr. Speaker: Your Committee on Rules having had under consideration matter of fixing a calendar to follow the calendar already set, begs lean to report the following as an order of business as a special and continuing order immediately after the order already fixed, to wit: l. House Bill 48, by Mr. Holden of Clarke, providing for exemption from local taxation of certain industries. 2. House Bill No. 52, by Mr. Ellis of Tift and others, known as the Statutory Income Tax Bill. 3. Senate Resolution No.4, relating to Free Text Books. 4. That the Speaker be authorized at an~- time in his discretion to entertain any appropriate motion relative to House bills with Senate amendments anu Senate Bills with House amendments. 5. House Bill No. 26, known as Classification Tax Bill. Respectfully submitted, MILNER of Dodge, Vice-Chairman. TrESDAY, DEcE:'IfBER 4TH, 1923. 173 The report of the Committee on Rules was agreed to. Mr. McCrory of Schley moyecl that the House reconsider its action in agreeing to the report of the Committee on Rules and the motion prevailed. The following amendment of the House to the report of the Committee on Rules was read and adopted: By. Mr. McCrory of SchleyAmend by striking Item i3. Mr. Stewart of Atkinson called for a division of the report. 1. Making House Bill No. 48 a special order. The report of the committee, which was favorable to thf> adoption of that order of business, was agreed to. HousP Bill No. 48 was set as a special order. 2. Making House Bill No. 52 a special order. Mr. Russell of Barrow moved the previous question; the motion prevailed, and the main question was ordered. The report of the committee, which was favorable to the adoption of that order of business, was agreed to. House Bill No. 52 was set as a special order. 174 J otRx AL OF THE HousE, 4. Authorizing the Speaker at any time to entertain a motion relati\'e to House bills with Senate amendnwnts anJ Senate Bills with House amendments. Mr. Culpepper of Fayette mmed the previous question; the motion prevailed, and the main question was ordered. The report of the commith'e, which was favorable to authorizing the Speaker to entertain certain motions, was agreed to. This onler of business was established. 5. l\fakingHouse Bill No. 2G a special order. The rt>port of the committee, which \Vas favorable to the adoption of that order of business, was agreed to. House Bill Ko. 26 was set as a special order. The report of the Committee on Rules was agreed to as amended and the order of business as set out in the report adopted as alllL'nded. Mr. Stewart of ~\Jkinson arose and addressed the House on a point of personal privilege. rnder the orJer of unfinished business the following bill of the House was taken up for further consideration: By .Mr. Ennis of Baldwin- House Bill Ko. 47. A bill to create a Department of Revenue for the State of Georgia, and for other purposes. T"CE@AY, DECE:\IBER TH, 19:23. 175 Mr. Beck of Carroll moved the previous question on the bill and all amendments ; the motion prevailed, aiHl the main question was ordered. The following amendments of the House were read and adopted : B~, Mr. Moore of Appling- Amend Section 2, by adding after the word "deputies" and before "whose" the following; "No two of whom shall be appointed from the same county or section of the State." By Mrs. Napier of Bihb and Mr. Xew of Laurens- Amend Section 2, line 2, by striking the words ''with the approval of the Governor.'' By Mrs. Napier of Bibb and Mr. New of LaurensAmend by adding at the end of Section 2, the fol- lo\ving words : ''None of the provisions of this Act shall apply to ad valorem taxes.'' 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 as amended the ayes were 107, nays 32. The bill having received the requisite constitutional majority was passed as amended. Mr. Milner of Dodge moved that the House do now adjourn a:rid the motion prevailed. 176 JorRXAL OF THE Hor~n:, Leave of absence was granted Messrs. Gillen of Oconee and wright of Jones. The Speaker announced the House adjourned until this afternoon at 3 :00 o'clock. AFTER~OON SESSION, 3 :00 0 'CLOCK P. M. The House met again at this hour and was called to order by the Speaker. The roll was called and the following members answered to their names : Adair Bussey Adams of Franklb Callaway Adams of Towns Camp of Campbell Anderson Camp of Coweta Arnold Carr Atkinson of Camden Carter Atkinson of Chatham Childs Aubrey Christopher Bandy Clark Banister Collins Barrett Copeland Beck Covington Bell Cox Bennett Culpepper Bird Cumming Blease Curry Bleckley Daniel of Heard Boatwright Daniel of Troup Boswell Davis of Floyd Bowden Davis of Thomas Bozeman DeFoor Braddy DeLaPerriere Branch Dixon of Jenkins Brannen Dixon of Wilkinson Burt DuBose Duncan Duvall Dykes Elders Ellis Ennis Evans of Screven Evans of Warren Eve Fleming of Columbia Fleming of Hancock Fletcher }'ortson Fowler Foy Gillen Golden Greer Griffis Griner Grovenstein Guess Haddock Hamrick Harrell TuESDAY, DEcEMBER 4TH, 1923. 177 Harris McMichael Shedd Harrison McMullan Shettlesworth Hatcher of Burke Maddox Simpson Hatcher of Muscogee Mann Singletary Head Mansell Smith of Bryan Hillhouse Mayo Smith of Fulton Hines of Decatur Meeks Smith of Jefferson Hines of Sumter Miles Smith of Lamar Holden Milner Spence Holton Montgomery Stanford Houston Moore Stanley Howard of Chatta- Mullis Steele hoochee Napier Stevens Howard of Long New Stewart Howard of Screven Norman of Colquitt Stone Hulme Norman of Henry Stovall Huxford Orr Strickland Hyman Owen Sutlive Jenkins Pafford Sweat Johnson of Bacon Parker Swindle Johnson of Forsyth Parks Tatum Jones of Cook Parrish Tippins Jones of Coweta Peek Toole .Tones of Floyd Penland Trippe Jones, A. D., of Perkins of Turner Meriwether Habersham Tyson Jones, W. R., of Perkins of Muscogee Van Landingham Meriwether Perryman Vaughan Jordan Peterson Warren Kempton Phillips of Jasper Way King Phillips of Telfair West Kirkland Pickering Whitley Knight Pickren Whitworth Langley Pitts Williams Latham Pope Wilson Linder Price Wimberly of Laurens Lindsey Reville Wimberly of Toombs Logan Riley Wimberly of Twiggs Loyd Roberts Wingate Lyons Robertson Winship McClure Rountree Wood McCrory Rowe Woodruff McCullough Russell Worthy ::\IcDonald Rutherford Wright McGarity Sapp Mr. Speaker 178 JouRXAL OF THE HousE, Mr. \V. R. Jones of Meriwether moyed that the House insist upon its amendments to Senate Bill No.2. Mr. Liwler of .Jeff DaYis moncl that the House recede from House Anwnclments Numbers :2, 3 allDAY, DECK\IBER 4TH, 1923. 183 King Langley Linder McCullough :\fayo Miles Moore Norman of Colquitt Owen Parrish Peek Pickren Pitts Riley L:obcrts Robertson Rowe Russell Sapp Smith of Jefferson Smith of Lamar Stanford Tippins Toole warren Way West Wimberly of Toombs Wimberly of Twiggs Those voting in tht> negative Wt.'re Messrs.: Anderson Hatcher of Burke Penland Arnold I-Jateher of Museogee Perkins of Atkinson of Camden Head Habersham Aubrey Holden Perkins of Muscogee Bandy Howard of Chatta- Perryman Beck hooehee Peterson Blease Howard of Screven Phillips of Jasper Braddy J olmson of Forsyth . Phillips of Telfair Branch Jones of Cook Pickering Burt Jones of Coweta Pope Bussey .Tones, IV. R., of Price Carter Christopher Covington Culpepper Meriwether .Tordan Kempton Knight Curry Latham Daniel of Heard Lyons Davis of Floyd Davis of Thomas DeFoor Dixon of \Vilkinson Duncan Duvall McClure McCrory ~Ie Michael ~fcMullan ~[ann ~leeks Elders ~ilner Ellis Montgomery Fleming of Columbia Mullis Fleming of Hancock X a piL'r Foy Xew Rp,ilk Shedd Shettlesworth Simpson Singletary Smith of Fulton Spenee Stanley Steele Stevens Stewart Stone Stovall Sutlive Sweat Whitworth \Villiams Wilson Golden X orman of Henry Wimberly of Laurens Hamrick Orr Wingate Harris Pafford Woodruff 18 JouRxAL oF THE HousE, Those not voting were Messrs. : Adair Adams of Franklin Adams of Towns Atkinson of Chatham Banister Bell Bennett Bleckley Boatwright Boswell Bowden Bozeman Callaway Camp of Coweta Copeland Cox Cumming Daniel of Troup DeLaPerriere DuBose Ennis Eve Fletcher Fortson Fowler Gillen Griffis Griner Guess Haddock Harrell Harrison Hines of Decatur Holton Hulme Huxford Kirkland Lindsey Logan Loyd McDonald McGarity Maddox Mansell Parker Parks Rountree Rutherford Smith of Bryan Strickland Swindle Tatum Trippe Turner Tyson Van Landingham Vaughan Whitley Winship Wood Worthy Wright Mr. Speaker Ayes 52, nays 91. The roll call was verified. On the motion that the House recede from its Amendment No. 4 to Senate Bill No. 2 the ayes were 52, nays 91, and the motion was lost. The motion that the House insist upon its Amend- ments Numbers 2, 3, and 4 to Senate Bill No. 2 pre- vailed. Mr. Wilson of Walton arose and addressed the House on a point of personal privilege. Mr. New of Laurens arose and addressed the House on a point of personal privilege. TUESDAY, DECEMBER 4TH, 1923. 185 The following message was received from His Excellency, the Governor, through his Clerk, Mr. Twitty: Mr~ Speaker: I am directed by His Excellency, the Governor, to delinr to the House a communication in writing to which he respectfully invites your attention. The following communication from His Excell<>ncy, the Governor, was read: To the General Assembly: 1. ScHOOL BooKs. I respectfully call your attention to conditions which seem to require action at your hands. Article 2, Section 21 of the Georgia School Code provides that the School-Book Commission shall, prior to January 1st, 1924, adopt school books for a period of five years and provide for a contract for furnishing the books so specified. Article 2, Section 32 provides that: ''The said School-Book Commission shall stipulate in the contract for the supplying of any book or books, as herein provided, that the contractor or contractors shall take up the school-books now in use in this State and receive the same in exchange for new books at a price not less than fifty per cent of the contract price.'' Pursuant to the terms of Section 21, the SchoolBook Commission has advertised for bids, opened the same and found that the bidders refuse to offer l8G JocRXAL oF THE HoL:~iE, hooks under the terms of the hnv. They insist that the prmision of Section 3:2 requiring an exchange at a price not less than 50'1'C of the contract is prohibitiYe an(l that under prPsent conditions it is impossihle to furnish school books under such terms. Faced with such conditions the School-Book Commission has no alternatiYe Pxcept to call upon the Legislature for direction in the premises and the Commission directs me to submit the matter to the General Assembly for its consideration. I am adYised that the Superintendent of Schools Ballard has prepared a bill to meet the situation. I earnestly request vropn consideration of this bill and urge that the General ~lsst>mhl~- giYe direction to the School-Book ( 'ommission as requeste(l. I shall be particularly please(l if SUCh lPgislatiou shall also pnnide at least the foundation for a s~stem furnishing free school books. 2. TAX REFOR:\l I desire to take this occasion to express my cordial appreciation, both 1wrsonall~ antl officially, of the highly creditable spirit manifeste(l hy members of the General ~\ssembly in approaching the solution of the difficult problems incident to a reformation of the fuwlamental tax laws of the State. You will permit me to remind you of the other items recommende(l b~- the Tax Commission-the Classified Property Tax, the Budget Commission, the State .Auditor and the Enforcement Machinery. All these I clPem essential to a \Yell-roun(le(l, scientific tax s~stem. Certainl~- these items haYe the uniYersal endorsement of the thoughtful business men of the State. They haYe been under consideration Tt:E:"D.u, DEciDIBER 4TH, 1923. 187 by the members of the General Assembly for months and they could and should be enacted into law without further delay. The Ellis bill to enact a statutory income tax also has my approYal. In Yiew of the fact that the principle iuvol vcd has already been debated at great length and approved b~ both branches, it should be placed on passage ,\ithin a minimum of time. I again express appreciation of the fine spirit of the General Assembly. If continued for a few clays longer abiding relief to the people and constructive service to the State will be accomplished. December 4, 192:1. CLIFFORD \VALKER, GoYernor. Mr. Milner of Dodge moved that during the remainder of the extraordinary session, unless otherwise ordered by the House, the hour of convening every morning be 9 :00 o'clock and the motion prevailed. Under orders of the day the following bill of the Senate was read the third tim<:> and placed lwforc the House for consideration: By Mr. Pace of the 13th- Senate Bill No. 9. A bill to create and establish the Department of Audits an the following ruling: The Chair rules that Senate Bill Ko. 9, having originatent the verification of the roll call was dispensed with. On the adoption of the amendmc>nt by 1\fr. Holden of Clarke the ayes \vere 69, nays 88 and the amendment was lost. "\VEDKE~DAY, DECEMBER 5TH, 1923. 195 The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill Mr. McMichael of Marion 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. : Anderson Arnold Atkinson of Camden Aubrey Bandy Banister Barrett Beck Bird Boatwright Braddy Branch Burt Bussey Callaway Camp of Campbell Camp of Coweta Childs Christopher Copeland Covington Cumming Davis of Floyd Davis of Thomas DeFoor Duncan Duvall Elders Ellis Jones, W. R., of Ennis Meriwether Fleming of Columbia Jordan Fletcher Kempton Fowler Knight Greer Latham Guess Loyd Haddock Lyons Hamrick McClure Harrison McCrory Hatcher of Burke McCullough Head ~fcGarity Hillhouse McMichael Hines of Decatur McMullan Hines of Sumter Maddox Holden Mann Houston Mansell Howard of Chatta- Meeks hoochee Montgomery Howard of Long Mullis Hyman Napier Jenkins Norman of Colquitt Johnson of Forsyth Parks Jones of Cook Peek Jones of Coweta Penland Jones of Fl.:>yd Perkins of Habersham Jones, A. D., of Perkins of Muscogee Meriwether Perryman 196 .JocR X AL oF THE HousE, Phillips of Jasper Pickering Pitts Pope Price Reville Roberts Russell Sapp Shedd Shettlesworth Simpson Singletary Smith of Jefferson Smith of Lamar Spence Stanford Steele Stevens Stone Toole Trippe Turner Tyson \'aughan West Whitworth Wilson Wimberly of Twiggs \V oodruff Those Yoting 111 the negatin were Messrs.: Bennett Blease Bowden Bozeman Brannen Carter Clark Collins Curry Daniel of Troup DeLaPerriere Evans of Screven Evans of Warren Eve Foy Golden Grovenstein I'arrish Harris Phillips of Telfair Hatcher of ~uscogee Pickren Howard of Screven Robertson Hulme Howe Huxford Rutherford Johnson of Bacon Stewart King Stovall Langley Sutlive ::\files Sweat :\Iilner 'l'ippins 2\foore \\'arren Xew Way Xonnan of Henry Whitley Owen Wimberly of Laurens Pafford Those not voting were Messrs. : Adair DuBose Adams of Franklin Dykes Adams of ToWllll Fleming of Hancock Atkinson of Chatham Fortson Bell Gillen Bleckley Griffis Boswell Griner Carr Harrell Cox Holton Culpepper Kirkland Daniel of Heard Linder Dixon of Jenkins Lindsey Dixon of Wilkinson Logan :\fcDonald :\fa yo Orr Parker Peterson Hiley Rountree Smith of Bryan Rmith of Fulton Stanley Stri~klnnd Swindle Tatum \VEDXESIJAY, DECEMBER 5TH, 1923. 197 Van Landingham Wingate Williams \Vinship Wimberly of 'l'oombs \Vood Ayes 111, nays 47. Worthy Wright Mr. Speaker By unanimous consent the yerification of the roll call was dispensed with. On the passage of the bill as amended the ayes were 111, nays 47. The bill having received the requisite constitutional majority \Vas passed as amended. Mr. CoYington of Colquitt moved that the bill be immediately transmitted to the Senate and the motion prevailed. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: Mr. Speaker: The Senate insists on its position on the following bill of the Senate, to wit: Senate Bill No.7. By Mr. Lankford- A bill to provide for an income tax. The Senate respectfully asks for a conference committee. Mr. W. R. Jones of Meriwether moved that the House insist upon its position in regard to its 198 ,JouRXAL OF THE HousE, amendments to Senate Bill Ko. 2 and that the Speaker appoint three members of the House as a conferrnce committre on the part of the House. The motion preYailed and the Speaker appointed as a conference committee on the part of the House on Senate Bill No. 2 the following members of the House: Messrs. Ellis of Tift. Harris of Jefferson. Covington of Colquitt. Mr. McCrory of Schley moved that the House do now adjourn and the motion preYailed. Leave of absence was granted Messrs. Daniel of Heard and Linder of Jeff Davis. The Speaker announced the House adjourned until this afternoon at 3 :00 o'clock. AFTERXOOX SESSIOX' 3:00 o'cLOCK P. M. The House met again at this hour and was called to order by the Speaker. By unanimous consent the call of the roll was dispensed with. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: \VEDXE::ilJAY, DECEMBER 5TH, 1923. 199 Mr. Speaker: . The President appoints as a committee on the part of the Senate the following as a Conference Committee on Senate Bill No. 2: The Senator from the 23rd, Mr. Smith. The Senator from the 35th, Mr. Smith. The Senator from the 45th, Mr. Smith. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: Mr. Speaker: The Senate has concurred in the House Amend- ments to the following bill of the Senate, to wit: Senate Bill No. 9, kno"n as the bill to create the Department of Audits and Accounts. The following report of the Conference Committee on Senate Bill No. 2 was submitted and read: Mr. Speaker: The Conference Committee on the part of the Sen- ate and the House on the amendments of the House to Senate Bill No. 2, known as the Lankford Bill, begs leave to report that the committee has failed to agree. F. A. SMITH. G. c. SMITH. E. M. Sl>IITH. On the part of the Senate. RoBT. C. ELLIS. W. A. CoviNGTON. RoY V. HARRIS. On the part of the House. :WO .JorR~AL OF THE Hor~E, The following message was recei\'ed from the Senate through Mr. McClatclwy, the Secretary thereof: Mr. Speaker: The PrPsident has appointed a new Conference Committee on the part of the Senate, the following Senators to act with the Honse Committee on Senate Bill No. 2: The Senator from the 11th, Mr. King. The S<>nator from the 15th, Mr. Lankford. The Senator from tlw 20th, Mr. Hodges. The Speaker appointecl as a new Conference Committee No. 2 on the part of tlw House on Senate Bill No. 2 the follm,'ing members of the House: Messrs. \Y. R. Jones of M0riwether. Mann of Glynn. Culpepp0r of Fayette. rncler orders of tlw day the following bill of the House was read the third time all(l placed before the House for consideration: By Mr. Holden of Clarke- House Bill N"o. 48. A hill to amend the Constitu- tion so as to exempt factories manufacturing cheese from taxation until .Tanuary lst, 1935, ancl for other purposes. Mr. Pope of \Valker moved the previous question; the motion prevailed, and the main question was ordered. 'VED::\ESDAY, DECEl\IBER 5TH, 1923. 201 The following amendment to the substitute by Messrs. Holden of Clarke and Stovall of Elbert was read and adopted : B~ Messrs. Bussey of Crisp and McMichael of Marion- ~~mend by striking from the first line of the proposed new paragraph "2-A" the words "a resident of this State.'' The following substitute was read and adopted: By Messrs. Holden of Clarke and Stovall of Elbert- A" BILL To be entitled an Act to amend Article Seven (7), Section Two (2), Paragraph Two (2), of the Constitution of this State by adding at the end of said paragraph another paragraph to be known as ''Paragraph Two-A,'' to wit: ''Paragraph Two-A. Any person, natural or artificial, a resident of this State, who may after January 1st, 1924, build, equip, establish or enlarge a plant for the manufacture or processing of cotton, wool, linen, silk, rubber, wood, metal, metallic or non-metallic mineral, or combination of the same; creamer~ or cheese plants; or for the production or development of electricity, may, as to such building or equipment or enlargement, be exempt from all county, incorporated town and city ad valorem taxes for a period of time not exceeding seven (7) years from the date of the beginning of the building or equipment or enlargement of such plant. The Legislature is herewith empowered to 202 .JouRXAL o.F THE Hoe::m, make }H'O\'isions for the operation of the paragraph by appropriate legislation." Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That .Article SeYen (7), Section Two (2), Paragraph Two (:2) of the Constitution of the State of Georgia be, and the same is hereby amended by adding at the end of said paragraph another paragraph to be known as ''Paragraph Two-A,'' to wit: "Paragraph Two-A. Any person, natural or artificial, a resident of this State, who may after January 1st, 1924 build, equip, establish or enlarge a plant for the manufacture or processing of cotton, wool, linen, silk, rubber, wool, metal, metallic or non-metallic minerals or combination of same; creamery or cheese plants; or for the production or rewith empowered to make provisions for the o'peration of thi::; paragraph hy appropriate legislation.'' Sec. :2. Be it further enacted, That when this amellach of the two Houses of tlw General .\.s::;embly, and the same has been entered on their Journals with the ayes ancl n~1ys taken thereon, th0 GoYernor Hhall cause saicl amPmlment to be puhlisheport of the committee, which was fayorahle to the passage of the bill by substitute, was agreed to b~, substitute as amended. The bill being an amendmeut to the Constitution the roll call was ordered and the Yote was as follows : Those Yoting m the affirmatiYe were Messrs.: Adair Anderson Arnold Aubrey Bandy Banister Barrett Bird Blease Boswell Bowden Bozeman Braddy Branch Burt Bussey Camp of Campbell Carr Childs Christopher Clark Covington Cumming Curry DeLaPerriere Dixon of Jenkins Dixon of Wilkinson Duncan Hulme Duvall Jenkins Dykes Johnson of Bacon Elders Johnson of Forsyth Ellis Jones of Cook Ennis Jones of Floyd }~,-e .Tones, A. D., of Fleming of Columbia Meriwether Fleming of Hancock Jones, Vv. R., of }'letcher Meriwether Golden Jordan Greer Kempton Griner King GroYenstein Knight Guess Latham Harris Lyons Harrison McClure Hatcher of Burke McCrory Hatcher of Museogee McCullough Head McMichael Hillhouse McMullan Hines of Decatur Maddox Hines of Sumter Mann Holden Mansell Howard of Chatta- Mayo hoochee Meeks Howard of Screven Miles \YEDC\E~DAY, DECE::\IBER 5TH, 1923. 205 Montgomery Moore Mullis Napier Norman of Colquitt Norman of Henry Owen Pafford Parrish Peek Penland Perkins of Haber- sham Perkins of Muscogee Perryman Phillips of Jasper Phillips of Telfair Pickering Pickren Pitts Pope Price Reville Riley Roberts Robertson Rowe Russell Sapp Shedd Shettlesworth Simpson Singletary Smith of Jefferson Smith of Lamar Stanley Steele Stevens Stone Stovall Sutlive Tippins Toole Trippe Turner Tyson warren West Whitworth Wilson Wimberly of Toombs Wimberly of Twiggs Wood Woodruff Those voting in the negative were Messrs.: Beck Copeland Daniel of Troup Davis of Floyd Davis of Thomas DeFoor Evans of Warren Fowler }'oy Haddock Hamrick Howard of Long Huxford Hyman Jones of Coweta Langley New Rutherford Spence Stanford Stewart Way Wimberly of Laurens Those not voting were Messrs. : Adams of Franklin Cox Adams of Towns Culpepper Atkinson of Camden Daniel of Heard Atkinson of Chatham DuBose Bell Evans of Screven Bennett Fortson Blackley Gillen Boatwright Griffis Brannen Harrell Callaway Holton Camp of Coweta Houston Carter Kirkland Collins Linder Lindsey Logan Loyd McDonald McGarity Milner Orr Parker Parks Peterson Rountree Smith of Bryan Smith of Fulton 206 JoFH:'\AL OF THE HoFsE, Strickland Sweat Swindle Tatum Van Landingham Vaughan Whitley Williams Wingate Ayes 131, nays 23. Winship Worthy Wright Mr. Speaker The roll call was -verified. On the passage of the bill by substitute as amended the ayes were 131, nays 23. The bill having failed to receive the requisite constitutional majority was lost. Mr. McMichael of Marion gan notice that at the proper time he would moYe that the House reconsider its action in failing to pass House Bill No. 48. Mr. Stewart of Atkinson macle the point of order that this bill had been reconsidered once and therefore could not be brought up for reconsideration. The point of order was oYerruled by the Speaker. Mr. Knight of Berrien moved that the Speaker appoint a new member on the conference committee on Senate Bill Ko. 2 to act in the absence of Mr. Culpepper of Fayette and the motion prevailed. The Speaker appointed Mr. Aubrey of Bartow to act on the Conference Committee No. 2 on Senate Bill No.2. Mr. Stewart of Atkinson moved that the House do now adjourn and the motion prevailed. The Speaker announced the House adjourned until to-morrow morning at 9 :00 o'clock. THL'RSDAY, DECEMBER 6TH, 1923. 207 REPRESENTATIVE HALL, ATLANTA, GA., THURSDAY, DECEMBER 6TH, 1923. The House met pursuant to adjournment this day at 9 :00 o'clock A. M., was called to order by the Speaker, and opened with prayer by the Chaplain. By unanimous consent the call of the roll was dispensed with. Mr. Bell of Burke, Chairman of the Committee on Journals, reported that the .Journal had been rea(l and found correct. By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with. The Journal was confirmed. By unanimous consent the following was established as the order of business during the first part of the thirt~ minutes period of unanimous consents: 1. Introduction of New Matter under the Rules. 2. Reports of Standing Committees. 3. Reading of House bills and resolutions, favorably reported, the second time. 4. First reading of Senate bills and resolutions. By unanimous consent the following resolutions of the House were introduced, read the first time, and referred to the committees: :208 JoGR.XAL o.F THE HousE, By Messrs. Perkins of Habersham, Stewart of Atkinson and others- House Resolution No. 28. A resolution that the State Librarian supply the ( >nlinary of Habersham County with copies of tlw Georgia and Court of Appeals Reports. Referresolution No. 22. Respectfully submitted, Exx1s of Baldwin, Chairman. Upon the request of the author House Resolution No. 22 was placed upon the Calendar for the pur- pose of disagreeing to the report of the committee, which was unfavorable to the passage of the resolution. THURSDAY, DECEl\IBER 6TH, 1923. 209 Mr. Milner of Dodge, Vice-Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules ha\-ing had under consideration the preparation of a Calendar, recommend that the following Calendar be fixed, to be taken up immediately after the special orders heretofore set: By Mr. Beauchamp of the :22ncl- Senate Resolution No. 4. To investigate the establishment of a system of supplying free text books. By Mr. McCrory of Schley- House Bill No. 44. A bill to be entitled an Act to create a State Text Book Commission. Respectfully submitted, MILKER of Dodge, Vice-Chairman. The report of the Committee on Rules was adopted and the order of business contained therein established. Mr. Stovall of Elbert moved that the House reconsider its action in failing to pass House Bill No. 48; the motion prevailed, awl House Bill No. 48 went to the heel of the Calendar. lJnder orders of the clay the following bill of the House was read the third time and placed before the House for consideration: 210 JouRXAL OF THE HousE, B~, Messrs. Ellis of Tift, Covington of Colquitt and others- House Bill No. 52. A bill to levy a tax upon incomes for State purpost>s and for other purposes. Mr. Hatcher of Muscogee moved that the bill and all amendments be tabled. On this motion Mr. wood of Fulton called for the ayes and nays and the call was sustained. The roll call was ordered and the vote was as follows: Those ,oting in the affirmatin' were Messrs.: Adams of Franklin ];'leming of Hancock Pickren Atkinson of Camden Grovenstein Pitts Bandy Hamrick Riley Bird Hatcher of Museogec Roberts Boswell Hyman Rowe Bowden Jones of Coweta Rutherford Bozeman Jones of Floyd Sapp Burt .Tones, A. D., of Smith of Fulton Callaway Meriwether Smith of Jefferson Clark King Stewart Collins Langley Sutlive Copeland McCullough Sweat Cumming Maddox Tippins Curry Moore Trippe Daniel of Heard New Warren DeLaPerriere Peek Way Ennis Peterson Whitley Evans of Warren Phillips of Telfair Wimberly of Eve Pickering Laurens Those voting in the negative were Messrs.: Adair Anderson Arnold Banister Beck Bennett Blease Braddy Brannen Camp of Campbell Camp of Coweta Carr THURSDAY, DECEMBER 6TH, 1923. 211 Childs Christopher Covington Cox Culpepper Howard of Chatta hoochee Howard of Long Howard of Screven Hulme Davis of Floyd Jenkins Davis of Thomas Johnson of Bacon DeFoor Johnson of Forsyth Dixon of Wilkinson Jones of Cook DuBose Jordan Duncan Kirkland Duvall Knight Dykes Elders Ellis Latham Loyd Lyons Evans of Screven McClure Fleming of Columbia McCrory Fletcher Fortson Foy Golden Greer Guess Haddock Harris Hatcher of Burke Head Hillhouse Hines of Decatur Hines of Sumter Holden Holton Houston McDonald McGarity McMichael McMullan Mansell Mayo Meeks Miles Milner Montgomery Napier Norman of Colquitt Norman of Henry Orr Owen Pafford Parrish Penland Perkins of Haber- sham Phillips of Jasper Pope Price Reville Robertson Rountree Shedd Shettlesworth Simpson Singletary Spence Stanford Stanley Steele Stevens Stone Stovall Toole Turner Tyson Van Landingham Vaughan West Whitworth Williams Wilson Wimberly of Twiggs Wingate Wood Worthy Those not voting were Messrs. : Adams of Towns Bussey Atkinson of Chatham Carter Aubrey Daniel of Troup Barrett Dixon of Jenkins Bell Fowler Bleckley Gillen Boatwright Griffis Branch Griner Harrell Harrison Huxford Jones, W. R., of Meriwether Kempton Linder Lindsey :212 .JorRXAL oF THE HoL"~E, Logan Perryman Mann Russell Mullis Smith of Bryan Parker Smith of Lamar Parks Strickland Perkins of Muscogee Swindle Ayes 55, nays 110. Tatum Wimberly of Toombs Winship Woodruff Wright Mr. Speaker The roll call was nrified. On the motion to table tlw bill and all amendments the ayes were 55, nays 110 and the motion was lost. :Mr. D~'kes of Dool~, monel that the House do now adjourn; the motion prenliled, aiHl House Bill N"o. 52 went over as nnfinislHn suddenl~, stricken on yesterday, and Wherpas, it is hardly probable, since it became necessary to un during this session; Therefore be it resolved, That this body extend its sympathy and good, mHl the main question was ordered. On the motion to reconsider Mr. Hatcher of Muscogee called for the ayes and nays and the call was sustained. The roll call was ordered arHl tlw vote was as follows: Those voting m the affirmative were Messrs.: Ad~ir Anderson Aubrey Banister Beck Bell Bennett Blease Braddy Brannen Callaway Camp of Coweta Carr Childs Christopher CoYington Cox Cumming Daniel of Heard DeFoor Duncan Duvall Elders Ellis Ennis EYans of St'reven Fleming of Columbia Fletcher Foy Gillen Golden Greer Griner Grovenstein Haddock Hamrick Harris Hatcher of Burke Hillhouse Hines of Decatur Hines of Sumter Holden Holton Houston Howard of Chattahooehee Howard of Long Howard of SereYen Huxford .Jenkins Johnson of Bacon .Johnson of Forsyth Jones of Cook .Jones, \V. R., of Meriwether .Jordan Kirklaml Knight Latham Logan Loyd Lyons 11cClure ::\fcCrory ::\feGarity ).feMichael FRIDAY, DECE::\lBER 7TH, 19:23. 225 McMullan Maddox Mann Mansell Mayo Meeks Milner Montgomery Moore Mullis . :1 pit1 1 .Norman of Colquitt .Norman of Henry Pafford Parrish Penland Perkins of Habersham Pe1kins of Muscogee Stovall Perryman Strickland Pickren Tatum Pope Toole Price Trippe Reville Turner Russell Tyson Rutherford Vaughan :Shedd West :Simpson Whitworth Ringletary Williams Smith of Lamar Wilson Spence Wimberly of Laurens Stanley Wimberly of Twiggs Steele Wingate Stevens Wood :Stone Worthy Those voting m the negative were Messrs.: Adams of Franklin Evans of Warren Phillips of Telfair Arnold Eve Pitts Atkinson of Camden Hatcher of Muscogee Riley Bandy Hulme Roberts Bird Hyman Robertson Boswell Bowden Jones of Coweta .rones of Floyd Rowe Shettlesworth Bozeman Jones, A. D., of Smith of Fulton Camp of Campbell Meriwether Smith of Jefferson Clark King Stanford Copeland Langley :Stewart Curry Lindsey Rutlive Daniel of Troup McDonalmb<>r 8th, 192:1, at 6 :00 o'clock P. M. Mr. McCrory of Schley mm,cd that the resolution be tabled and the motion prevailed. Under orders of the day the following bill of the House was reacl the third tinw and placed before the House for consideration: FRIDAY, DECK\IBER 7TH, 1923. 227 By Mr. \V. R. Jones of Meriwether- Honse Bill No. 26. A bill to ameml the Constitution so as to authorize the levy of a classification tax, and for other purposes. Mr. Harris of Jefferson moved that the hill be tabled and the motion prevailed. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the House, to wit: By Mr. l!Jnnis of Baldwin- House Bill No. 47 as amended. A bill to create a Department of Revenue, and for other purposes. Mr. Bowden of McDuffie arose and addressed the House on a point of personal privilege. The following bill of the House was taken up for the purpose of considering Senate amendments thereto: By Mr. Ennis of Baldwin- House Bill No. 47. A bill to create a Department of Revenue. Mr. Ennis of Baldwin moved that the House disagree with the Senate amendments to House Bill No. 47 and the motion prevailed. 228 JouRXAL o:F THE HousE, The following message was received from the ~en ate through Mr. McClatchey, the ~ecretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following resolution of the House, to wit : House Resolution Ko. :28. ~.\ resolution to require tlw State Librarian to furnish certain books to thl' ( )nlinar~ of Habersham County. l 'nder orders of the da~ the following resolution of the ~enate was read the third time and placed before the House for consideration: B~ Mr. Beauchamp of the 22nll- Senate Resolution Ko. -t .\. rt>solution to create a eommission to inYestigate tlw estahlishment of a system for suppl~iug fne tl'.'d hooks to tlw children of Georgia, an1l for otlwr lllii'J!OSt'S. Mr. Bowden of MeDuffie lllO\"Pll that 300 copies of all substitutes and mnendnwnts to the resolution he }JrintPil for thl; use of tlw members of the House. Tlw ('hair o\elTule(l the motion, stating that the smne \\as not in onler, citing Rule Ko. 33, \Yhich prescrilws the motions that may be made while tlw House has any bill or other matter uwler considNatiou. Mr. Mihwr of Dodge moYecl that the House do no\\ adjourn until }.fowla~ morning at 10:00 o'clock. Mr. Huxfonl of Clinch moved that the House do um\ ~Hljourn. ~'RID.-\.\' DECEMBER 7TH, 19:23. 229 By unanimous consent the follmYing l'C}JOrt of Conference Committee No. 3 on Senate Bill No. 2 was submitted and read: Jfr. Spmker: Tlw Conference Committee No. 3 on Senate Bill No. 2 known as the Lankfonl Income Tax Bill beg leaYe to submit the follo"ing report and recommend its adoption. 1st. That the Senate accepts House ),mendment No. 2 to said Senate bill being the anwnrlment striking the word "net" from said hill. 2nd. That the Senate concurs in House Amendment No. 3 to said Senate bill, being the anwndment which strikes the allowance of credits of State ad valorem taxes on income taxes. 3rd. That the House recedf's from its amendment No. 4, being the amendment which strikes exemptions. 4th. That said Senate Bill 1\o. 2 be amended by striking the words "three mills" whereYer the same occur in said bill and inserting in lieu thereof the words ''two ~:1ills. '' R espectfull~ submitte<1, DrKE of the 28th District, MoRGAX of tlw 5th District, PARKER of the 3rt1 District, On the part of the Senate. CuLPEPPER of Fayette, THos. F. FLEMING of Hancock, BuRT of Dougherty, On the part of the House. .JorRXAL OF THE Hou~E, The motion that the House do now adjourn was lost. Mr. Beck of Carroll moved the previous question on the motion that the House adjourn until Monday morning-; the motion prevailed, and the main question was ordered. The motion that the House do no\Y adjourn until Monday morning at 10:00 o'clock prevailed and Senate Resolution Ko. 4 went over as unfinished business. Leave of absence was g-ranted Messrs. Cummingof Richmond, Perryman of Talbot, Riley of Sumter, and Bussey of Crisp. The Speaker announced the House adjourned until Monday morning at 10:00 o'clock. Moxn.n, DECEMBER 10TH, 1923. 231 REPRESENTATIVE HALL, ATLANTA, GA., Mo~DAY, DECEMBER 10TH, 1923. The House met pursuant to adjournment this day at 10 :00 o'clock A. M., was called to order by the Speaker, and opened with prayer by the Chaplain. The roll was called and the following members answered to their names : Adair Carter Adams of Franklin Childs Adams of Towns Christopher Anderson Clark Arnold Collins Atkinson of Camden Copeland Atkinson of Chatham Covington Aubrey Cox Bandy Culpepper Banister Cumming Barrett Curry Beck Daniel of Heard Bell Daniel of Troup Bennett Davis of Floyd Bird Davis of Thomas Blease DeFoor Bleckley DeLaPerriere Boatwright Dixon of Jenkins Boswell Dixon of Wilkinson Bowden DuBose Bozeman Duncan Braddy Duvall Branch Dykes Brannen Elders Burt Ellis Bussey Ennis Callaway Evans of Screven Camp of Campbell Evans of Warren Camp of Coweta Eve Carr Fleming of Columbia Fleming of Hancock Fletcher Fortson Fowler Foy Gillen Golden Greer Griffis Griner Grovenstein Guess Haddock Hamrick Harrell Harris Harrison Hatcher of Burke Hatcher of Muscogee Head Hillhouse Hines of Decatur Hines of Sumter Holden Holton Houston Howard of Chatta hoochee Howard of Long Howard of Screven .Jot:RXAL oF THE HoL"sE, Hulme Huxford Hyman Jenkins Johnson of Bacon Johnson of Forsyth Jones of Cook Jones of Coweta Jones of Floyd Jones, A. D., of Meriwether .Tones, '\V. R., of Meriwether Jordan Kempton King Kirkland Knight Langley Latham Linder Lindsey Logan Loyd Lyons McClure McCrory )fcCullough .:\fcDonald McGarity Mdfichael ::\fcMullan )faddox Mann Mansell Mayo Meeks Miles Milner Montgomery Moore .Mullis Xa pier Xew X onnan of Colquitt Norman of Henry Orr Owen Pafford Parker Parks Parrish Peek Penland Perkins of Habersham Perkins of Musco gee Perryman Peterson Phillips of Jasper Phillips of Telfair Pickering Pickren Pit-ts Pope Price Reville Riley Roberts Robertson Rountree Rowe Russell Rutherford Sapp Shedd Shettlesworth Simpson Singletary Smith of Bryan Smith of Fulton Smith of Jefferson Smith of Lamar Spence Stanford Stanley Steele Stevens Stewart Stone Stovall Strickland Sutlive Sweat Swindle Tatum Tippins Toole Trippe Turner Tyson Van Landingham Vaughan '\Varren Way West Whitley Whitworth Williams Wilson Wimberly of Laurens Wimberly of Toombs Wimberly of Twiggs Wingate Winship Wood Woodruff Worthy Wright Mr. Speaker Mr. Bell of Burke, Chairman of the Committee on Journals, reported that the Journal had been read and found correct. Mo~DAY, DEcEMBER 10TH, 1923. 233 By unanimous consent the reading of the .Journal of Friday's proceedings was dispensed with. The Journal was confirmed. By unanimous consent the following \Vas established as the order of business during the first part of the thirty minutes period of unanimous consents: 1. Introduction of New Matter under the Rules. ) Reports of Standing Committees. 3. Reading of House bills, favorably reported, the second time. 4:. }1-,irst reading of Senate bills and resolutions. By unanimous consent the following bill of the House was introduced, read the first time, and referred to the committee: By Mr. Milner of DodgeHouse Bill No. 56. A bill to amend an Act to levy a tax upon dealers in cigarettes and cigars, and for other purposes. Referred to Committee on 8anitarium at Alto. Under the onler of unfinishetl business the following resolution of the Senate was taken up for further consideration: By .Mr. Beauchamp of the 22ndSenate Resolution No. ..tc. A resolution to create a commission to investigate the establishment of a system for supplying free text books, and for other purposes. :234 .forRXAL oF THE HousE, Mr. McMichael of Marion moved that the nsolution, all substitutes, and anwiHlnwnts be recommitted to the Committee on Education and the motion prevailed. Mr. Milner of Dollge, Vice-Chairman of the Committee on Rules, submitted the following report: Mr. Speaker: Your Committee on Rules, having had under consideration the preparation of a Calendar, recommend that the following be set as a special and continuing order to bf' taken up immediately after the disposition of Senate Resolution Ko. 4, hy Mr. Beauchamp of the 22nd District, to wit: By Mr. Aubrey of Bartow- House Hill No. :2:2. Relative to making Tax Collectors Ex-Officio Sheriffs. Respectfully submitted, MIL~ER of Dodge, Vice-Chairman. The report of the Committee on RulPs was adopted and the order of business containe>d therein established. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: Mr. Speaker: The Senate has again committed to its last Conference Committee the following bill of the Senate, to wit: MoNDAY, DEcEMBER 10TH, 1923. 235 By Mr. Lankford of the 15th- Senate Bill No. 2. A bill to amend the Constitution relative to the levy of a tax upon incomes. The Senate Committee consists of Messrs. Parker, Duke and Morgan. Under orders of the day the following bill of the House was read the third time aml placed before the House for consideration: By Messrs. Aubrey and Trippe of Bartow and Jenkins of Wheeler- House Bill No. 22. A bill to amend the Code of 1910 relative to making tax collectors ex-officio sher-. iffs in the collection of taxes, and for other purposes. Mr. Fleming of Columbia movetl the previous question; the motion prevailed, and the main question was ordered. The following amendment of the House was read and adopted: By Mr. :F'owler of Bibb- Amend by inserting after the word ''Tax Collector,'' wherever the same appears in the bill the words ''or such person or persons designated by him.'' 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 as amended Mr. New of 236 JouRXAL oF THE HousE, Laurens 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. : Adair Adams of Frankli11 Anderson Arnold Aubrey Bandy Beck Bennett Blease Boswell Bowden Camp of Campbell Camp of Coweta Christopher Clark Collins Copeland Covington Culpepper Daniel of Troup Davis of Floyd Dixon of Jenkins DnBose Duncan Elders Ellid Evans of Screven Xapier Fleming of Columbia Parrish }'owler Peek Grovenstein Perkins of Guess Habersham Haddock Phillips of Telfair Hatrher of Burke Pitts Head Pope Hines of Decatur Roberts Holden Shedd Houston Shettlesworth Howard of Chatta- Singletary hoochee Smith of Lamar Howard of Long Spence Jenkins Steele Johnson of Forsyth Strickland Jones of Coweta 'l'ippins Latham Turner McClure Tyson McCrory West McMichael Whitley Mann Whitworth Mansell 'Nilson Mayo Winship Meeks ::.Iilner Those voting in the negative were Messrs. : Adams of Towns Banister Barrett Bozeman Branch Childs Davis of Thomas DeFoor Dixon of Wilkinson Duvall Fletcher Foy Golden Hamrick Harris Hillhouse Holton Hulme MoxDAY, DECEMBER 10TH, 1923. 237 Johnson of Bacon Jones of Cook Jordan King Kirkland Knight Loyd Lyons McDonald McGarity McMullan Maddox Miles New Norman of Colquitt Norman of Henry Pafford Phillips of Jasper Pickren Price Robertson Rutherford Smith of Fulton Stanley Stewart Sutlive Vaugh au Warren Way Wimberly of Laurens Wimberly of Twiggs Worthy Those not voting were Messrs. : Atkinson of Camden Harrison Atkinson of Chatham Ha'teher of Museog<'l' Bell Hines of Sumter Bird Howard of Screven Bleckley Huxford Boatwright Hyman Braddy Jones of Floyd Brannen Jones, A. D., of Burt Meriwether Bussey Jones, W. R., of Callaway Meriwether Carr Kempton Carter Langley Cox Linder Cumming Lindsey Curry Logan Daniel of Heard McCullough DeLaPerriere Montgomery Dykes Moore Ennis Mullis Evans of Warren Orr En~ Owen Fleming of Hancock Parker Fortson Parks Gillen Penland Greer Perkins of Griffis Muscogee Griner Perryman Harrell Peterson Pickering Reville Riley Rountree Rowe Russell Sapp Simpson Smith of Bryan Smith of Jefferson Stanford Stevens Stone Stovall Sweat Swindle Tatum Toole Trippe Van Landingham Williams Wimberly of Toombs Wingate Wood Woodruff Wright Mr. Speaker A~es 74, nays 50. 2:~8 J o1:nxAL o.F THE Hou::;E, By unanimous consent the verification of the roll call was dispensed with. On the passage of the bill as amended the ayes were 74, nays 50. The bill having failed to receive the requisite constitutional majority, was lost. Mr. Mann of Glynn moved that the report of Conference Committee No. 3 on Senate Bill No. 2 be withdrawn from the House and recommitted to the same Conference Committee and the motion prevailed. Mr. Harris of .Jefferson moved that, in view of the ahsence of Messn;. Fleming of Hancock and Burt of Dougherty, the Speaker appoint two new members to act on the Conference Committee No. 3 on Senate Bill No. 2 and the motion prevailed. The Speaker appointed the following members of the House to act in lieu of absent members of Conference Committee on Senate Bill No. 2: Messrs. Knight of Berrien. McClure of Walker. Mr. Aubre~' of Bartow gave notice that at the proper time he would move that the House reconsider its action in failing to pass House Bill No. 22. Mr. Milner of Dodge moved that the House do now adjourn and the motion prevailed. Leave of absence was granted Messrs. Stanford of Lowndes and Moore of Appling. MoxDAY, DEcEMBEH 10TH, 1923. 239 The Speaker announced the House adjourned until this afternoon at 3 :00 o'clock. AFTERKOO~ SESSIO~, 3:00 o'cwcK P. M. The House met again at this hour and was called to order by the Speaker. The roll vms called and the following members answered to their names : Adair Carter Adams of Franklir1 Childs Adams of Towns Christopher Anderson Clark Arnold Collins Atkinson of Camden Copeland Atkinson of Chatham Covington Aubrey Cox Bandy Culpepper Banister Cumming Barrett Curry Beck Bell Bennett Bird Blease Bleckley Boatwright Boswell Daniel of Heard Daniel of Troup Davis of Floyd Davis of Thomas DeFoor DeLaPerriere Dixon of Jenkins Bowden Dixon of Wilkinson Bozeman DuBose Braddy Duncan Branch Brannen Duvall Dykes Burt Elders Bussey Ellis Callaway Ennis Camp of Campbell Evans of Screven Camp of Coweta Evans of Warren Carr Eve Fleming of Columbia Fleming of Hancock Fletcher Port son Fowler Foy Gillen Golden Greer Griffis Griner Grovenstein Guess Haddock Hamrick Harrell Harris Harrison Hatcher of Burke Hatcher of Muscogee Head Hillhouse Hines of Decatur Hines of Sumter Holden Holton Houston Howard of Chatta- hoochee JouRXAL oF THE Hou:,;E, Howard of Long Howard of Screven Hulme Huxford Hyman .Tenkins Johnson of Bacon Johnson of Forsyth Jones of Cook Jones of Coweta Jones of Floyd Jones, A. D., of Meriwether Jones, W. R., of Meriwether Jordan Kempton King Kirkland Knight Langley Latham Linder Lindsey Logan Loyd Lyons McClure McCrory McCullough McDonald McGarity McMichael McMullan Maddox Mann Mansell Mayo Meeks Miles Milner Smith of Bryan Montgomery Smith of Fulton Moore Smith of Jefferson ~Iullis Smith of Lamar X a pier New Spence Stanford Norman of Colquitt Stanley X orman of Henry Steele Orr Stevens Owen Stewart Pafford Stone Parker Stovall Parks Strickland Parrish Sutlive Peek Sweat Penland Swindle Perkins of Tatum Habersham Tippins Perkins of Muscogee Toole Perryman Trippe Peterson Turner Phillips of Jasper Tyson Phillips of Telfair Van Landingham Pickering Vaughan Pickren Warren Pitts Way Pope West Price Whitley Reville Whitworth Riley Williams Roberts Wilson Robertson Wimberly of Laurens Rountree Wimberly of Toombs Rowe Wimberly of Twiggs Russell Wingate Rutherford Winship Sapp Wood Shedd Woodruff Shettlesworth Worthy Simpson Wright Singletary Mr. Speaker Mr. DeFoor of Clayton, Chairman of the Committee on Enrollment, suhmitted the following r~ port: MoxDAY, DEcEMBER 10TH, 1923. 241 Mr. Speaker: The Committee on Enrollment has examined, found properly enrolled, duly signed, and ready for deliYery to the Governor, the following resolution of the House, to wit: House Resolution No. 28. A resolution to require the State Librarian to furnish the Ordinary of Habersham County with certain books. The following bill of the House was read the third time and placed bt>fore the House for consideration: By Mr. Grovenstein of Effingham- House Bill No. 8. A bill to make tax collectors exofficio sheriffs in the collection of certain taxes, and for other purposes. Mr. Stewart of Atkinson moved that the House do now adjourn until to-morrow morning at 9:30 o'clock. Mr. Covington of Colquitt moved that the House do nmv adjourn and the motion prevailed. The Speaker announced the House adjourned until to-morrmv morning at 9 :00 o'clock. 242 Joc;RXAL OF THE HoesE, REPRE:,;EXTATIYE HALL, ATLAXTA, GA., TuESDAY, DEcEMBER 11TH, 1923. The House met pursuant to a~ respectfully request the concurrence of the House. The following message was received from the Senate through Mr. McClatche~, the Secretary thereof: ]Jr. SpPakPr: The Senate insists upon the following amendments TL"ESDAY, DECE:VIBER 11TH, 1923. 253 to House Bill Ko. 47, knO'.vn as the Ennis Bill, to wit: Amendment No. 1. ..:\mendment No. 2. Amendment No. 3. Amendment No. 4. Amendment No.7. The Senate recedes from the following amendments to House Hill No. 47: .Amendment No. 5. Amendment No.6. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: Jfr. Speaker: The President has appointed as a new Conference Committee No. 5 to act upon Senate Bill No. 2, the following Senators, to wit: Renators Redwine of 26th. Davis of 42nd. Garlick of 17th. The following report of Conference Committee No. 4 on Senate Bill No. 2 was suhmitted and read: Mr. Speaker: \Ye, your Conference Committee No. 4 on Senate 254 .Jm'RXAL OF THE Hor~E. Bill No. :2, known as the Lankfonl Income Tax Bill, beg leaYe to report that \\'e an' unable to agree and ask to be discharged. Dt:KE of tlw :28th District, P A RI\:ER of tlw :~nl District, MoRG.u of the ;)th District, (ln the part of the St'nate. UL'LPEPPER of Fayette, KxiGHT of Berrien, McCLrRE of walker, ( )n the part of the House. The Speaker appointed as a new Conference Committee No.5 on the part of the House on Senate Bill K o. :2 the following members of tlw House: Messrs. Copt'land of Lowndes. l'~hlers of Tattnall. McMichael of Marion. The following bill of the House, sd as a special onler hy the House, was taken up for furthPr consideration: B~, Mes~rs. Ellis of Tift, Uo\'ington of Colquitt and others- House Bill ~o. 3:2. .\ hill pro\'i moyed that the House do now adjourn; the motion preYailed, and House Bill No. 52 went over as unfinislwcl business. The Speaker announced the House adjourned until this afternoon at :l :00 o'clock. AFTERKOON SESSION, 3:00 o'cLOCK P. M. The House met again at this hour and was called to order by the Speaker. The roll was called anriod of unanimous consents: 1. Introduction of :KPW Matt<>r umler the Rules. 2. Reports of Standing Committees. 3. Reading of Honst> bills, fayorably reported the st>cond time. 4. First reading of Senate hills and resolutions. The following resolutions of the House were read and adopted: By Mr. Dt>Foor of ClaytonHouse Resolution No. 3~~- ~,\. resolution relative to tlw unfinished busint>ss of the extra session of 1923. By Mr. Barrett of StephensHouse Resolution No. 34-. A resolution to pay for the incidental expenses for the extra session of 1923. Mr. Gronnstein of Effingham moved that the House reconsider its action in failing to pass House Bill No. 8; the motion preYailed, and House Bill No. 8 went to the heel of the Calendar. \VEDXE:,;DAY, DECEMBER 12TH, 1923. 265 The following resolution of the House was read and adopted: By Mr. Milner of Dodge- House Resolution No. 35. A resolution that tlw General Assembly convene in joint session at 10 :15 o'clock this morning to hear an adllress by His Excellency, the Governor. Mr. Miluer of Dodge moved that during the remainder of the extraordinary session, unless otherwise ordered by the House, individual speeches be limited to five minutes and the motion prevailed. The following resolution of the Senate was read: By Mr. Duke of the 28thSenate Resolution Ko. 11. A resolution that the General .Assembly adjourn sine die on Frida~, December 14th, 192:~, at 6:00 o'clock P. M. Mr. Milner of Dodge moved that action on the resolution be postponed until immediately follo1ving the address of His Excellency, the Governor. On this motion Mr. Fleming of Hancock moved the previous question; the motion prevailed, and the main question was ordered. The motion to postpone action prevailell. Mr. Ennis of Baldwin moved that the House take up House ~ill No. 47 for the purpose of further considering Senate amendments thereto and the motion prevailed. 2GG J ouRxAL OF THE HousE. The following bill of the House was taken up for the purpose of further considering Senate amendnwnts thereto: By Mr. Bnnis of Baldwin- HousP Bill )Jo. 47. A bill to create a Department of HeYenm', and for other purposes. 'The follmYing amendments of the t;enate were read: (1) .A mend by striking Section 13 and inserting in lieu thereof the following: ''Section 13. Be it further enacte any de_puty for in<'fficiency or failun' to faithfully discharge the duties of such deputy.'' \VEDXESDAY, DECEMBER 12TH, 1923. 267 (3) Amend by striking the word "county" in the :3rcl lim' of Section Two of the printed bill and inserting in lieu thereof the words ''Congressional Distdct. '' (4) ~-\mend 8ec. 2 by striking all of said Sec. 2, after the words "Tax laws of the State" in line 10 of the printed hill and inserting in lieu thereof the following: ''All delinquent tax payers shall be subject to a penalty of 155{: for non-payment of said taxes. All special or occupation taxes shall be deemed tlelinquent after 30 clays from the expiration of the quarter in which they are payable. None of the provi- sions of this Act shall apply to ad valorem taxes or those required hy law to be returned to the Tax Receiver and entered on the Tax Digest." (5) Amend Section 1 in the ninth line by inserting after the word ''Governor'' and before the word ''for'' the following words: ''under the provisions of Section 13 of the Act.'' Mr. Ennis of Baldwin moved that the House insist upon its disag-reement to all the above amendments of the Senate and the motion prevailed. Mr. Ennis of Baldwin moved that a conference committee be appointed on House Bill No. 47 and the motion prevailed. The Speaker appointed as a Conference Committee on the part of the House on House Bill No. 47 the following members of the House: 268 JouRNAL OF THE HousE. Me~srs. Ennis of Baldwin. Toole of Decatur. Moore of Appling-. Mr. Milner of Dodg-e, Vice-Chairman of the Committee on Rules, submitterl the following report: 1llr. S[Jf'aker: Your ConnnittPe on Hules luning hatl uwler COIIsidPration tlw preparation of a Cale11rs, whene\'er opportunity offercl1, and later in the session, in a personal appeal to the General Assembly in joint session, I again urged the necessity for action, then suggesting that unless definite action was had an extra session of the General Assembly would be called for that purpose. ~\s one of the.methods of accomplishing this reform I suggested the advisability of an amendment to the Constitution to confer upon the General Assembly pmYer to l0vy a limited nC't income tax. ''In response to these appeals, the Senate, at that session, passed an income tax bill, hut it failed to reach a vote in the House of Representatives, thus failing to enact any legislative relief. I realized that there were many other matters demanding your consideration at the next regular session; and it further appearing that this session would be held tluring a political year-national, State and localand that the history of this State and other States clearly demonstrated that no great constructive tax :27:2 JueRXAL OF THE Hoc:~E. reform measures could lw adopted in a regular session, immediately after adjournment I called you in extraordinary session to meet on ~oYember 7 for the primary purpose of considering aU<.l enacting tax ltgislation and l'l'IJPaling the tax equalization law. ''Early in the regular session, the House of Representatins passed a bill repealing the tax equalization law, but it failed of passage in the senate. Immediately after the convening of the extraordinary session, I addressed the General Assembly and again urged the repeal of this law. The House of Representatives again passed such a bill and transmitted it to the Senate, where it is still pending without definite action. ''Shortly after the adjournment of the regular session of the General .Assembly in August last, I appointed a commission, composed of members of the Senate and the House of Representatives and representative men from every section of the State and e,ery walk in life, to consider and recommend suitable measures to meet the needs of the tax situation in Georgia. These men, at their own expense and at a great personal sacrifice, traveled over the entire State, imiting suggestions from the people for their guidance; and after hearing from the people in every sectio11, and after a most careful and unselfish deliberation, made their report embodying certain reform measures, including a recommendation that a limited income tax be adopted. This report \vas submitted to you for your information and use in my address at the opening of the present session. While in some respects these recommendations were not in complete accord with my own per- Vi:w~Ei::lDAY, DECEMBER 12TH, 1923. . 273 sonal views, yet, in deference to the combined judgment and experience of these representatives and patriotic Georgians, I submitted this report to you \Vith my entire approval and eanwstly urged you to adopt their recommendation and enact the same into law. ''The present special session of the General .1.\ ssembly convened on Nonmber 7. On November 15 the Senate, by a \'Ote of 44 to 1, passed a bill submitting to the people a constitutional anwnclment for an income tax, with certain conditions and limitations attached thereto, thus with practical unanimity indorsing the general principle of an income tax. This bill was promptly transmitted to the House of Representatives when certain of th<:> limitations and conditions were stricken, and the bill as thus amended was passed by the House on November 27 by a vote of 141 to 51. This was an O\'erwhelming expression on the part of the Hous<> of its approval of the gt>1wral principles of an income tax. ''Since this overwhelming indorsement by both Houses of the general principle of an income tax, more than two weeks have elapsed and no substantial progress has been made toward reconciling the (lifferences between the two Houses as presented by the amendments referred to. ''Only one of the recommendations of the commission has been enacted into law, namely, a bill providing for a S"tate auditing system. The recommendations for a budget system and a classification tax s~'stem have been rejected. A bill providing for the enforcement and collection of delinquent taxes has been passed by both houses, but is also being held up 274 J oeiL'' AL oF THE HoFsE. by reason of the failure on the part of the two houses to -reach an agreenwnt on minor amPIHlments. ''The final passage of these Yital bills in the intert>st of the people of Georgia is thus held up by the failure of the Senate awl House to agree on mere nces hPtween the two Houses are: ''First, whether the tax shall apply to net incomes only, with a provision that the occupational taxes may be leYiPd, based on the total amounts of business done in the StatP. This would tend toward a stahilization of taxation; though I ncognize tlw fact that inconw legislation genPrall~ has not emho always been allowed, and it is a generall~ recognizt>r that the people might be tlefinitPly assuretion of Senate amenction 2 by striking the word ''chiropodist.'' (41) Amend Section 4 by striking the words '' liable to indictment for," appearing in line 20 of sainate were read and agreed to : (45) Amend Section 8 by striking the word ''fair'' and insert in lieu thereof the word ''true'' wherever it appears in said section. (46) Amend by striking all of Paragraph 2 of Sectibn 9 after the word ''taxes'' in the 30th line of said paragraph. (47) ~c\mend caption b)' striking the word "to" in line 1 between the wor(ls ''_Act'' and ''annually.'' (48) Amend bill hy striking the word "indictment'' wherever it occurs in said bill and inserting in lieu thereof tlw word "prosecution." (49) Amenns moved that the House reconsider its action in agreeing to Senate Amendment No. 14 to House Bill No. 11 and the motion was lost. Mr. Smith of Bryan moYecl that the House reconsider its action in agreeing to Senate Amendment No. 1 to House Bill No. 11 and the motion prevailed. 284 .JoPRl\AL oF THE HorsE. On the adoption of Senate Amendment No. 1 to House Bill No. 11 Mr. Milner of Dodge moved the previous question; the motion prPYailed, and the main question was ordererl. Mr. Culpepper of Fayette monel that the House agree to SenatP Amendment No. 1 to House Bill No. 11 and the motion prevailPd. The following report of Conference Committee No. 5 on Senate Bill No. 2 was submitted and read: Mr. Speaker: Your Conference Committee No.5 on Senate Bill No. 2 begs leaw to report that it is unable to agree and ask to be discharged. JNO. CAMP DAvis, 42nc1 District, C. B. GARLICK, 17th District, .C. D. REDWil\E, 26th District, Committee on part of Senate. CoPELAl\D of Lowndes, H. H. ELDERS of Tattnall, MeMICHAEL of Marion, Committee on part of House. B~ unanimous consent thP Speaker appointed as Conference Committee No. 6 on the part of the House on Senate Bill No. 2 the follo-..ving members of the House : Messrs. Steele of DeKalh. Davis of Floyd. \Y. R. Jones of Meriwether. .\VEDXESDAY, DECEMBER 12TH, 1923. 285 The following message was receiYed from the Senate through Mr. McClatchey, the Secretary thereof: Mr. Speaker: The Senate insists on all its amendments to House Bill No. 11, known as the ''General Tax Act.'' The following message was receiYed from the Sen- ate through Mr. McClatchey, the Secretary thereof: Mr. Speaker: The President has appointed as a Conference Committee No. 6 the following to act with the House Committee on Senate Bill No. 2: The Senator from the 2nd, Mr. Miller. The Senator from the 13th, Mr. Pace. The Senator from the 43rd, Mr. Green. The following bill of the House, set as a special order by the House, was read the third time and placed before the House for consideration: By Mr. Milner of DodgeHouse Bill No. 56. A bill to amend an Act to leYy a tax upon dealers in cigarettes and cigars, and for other purposes. Mr. McCrory of Schley moved the previous question on the bill and all amendments; the motion prevailed, and the main question was ordered. The following amendments of the House were read and adopted: 286 ,JOL'RX AL OF THE HOU'iE. By Mr. Milner of Doclge- ~\mend by inserting the follo\Ying: ''Provided, that the number of emplo~~ees shall not exceed six, and the salary of each shall not exceed $2,000.00 per annum." By Mr. Holton of "Wilcox- ~\mend by striking from second section of said Act the words "each cigar," and substituting thPrefor the words ''each box of cigars.'' The report of the committee, "~hich was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill as amended Mr. Knight of Berrien called for the ayes and na~~s and the call was sustained. The roll call wa-s ordered and the vote was as follmvs: Those voting in the affirmative were Messrs.: Adair Branch Adams of Franklin Brannen Adams of Towns Callaway Anderson Camp of Campbell Arnold Camp of Coweta Atkinson of Camden Carr Aubrey Childs Bandy Christopher Barrett Clark Beck Codngton Bennett Cox Bird Culpepper Bowden Daniel of Troup Bozeman Davis of Floyd Braddy Dads of Thomas De}'oor DuBose Duvall Dykes Biders Ellis Evans of Warren E,e Fleming of Columbia Fletcher Fortson Fowler Gillen Greer Griner "TEDXE::;DAY, DECEMBER 12TH, 1923. 287 Grovenstein Latham ReYille Guess Lyons Roberts Hamrick McClure Rowe Harrell 1fcCrory Russell Harris ~feMichael Rutherford Harrison Mann Sapp Hatcher of Burke Mansell Hhended. Mr. Milner of Dodge moved that the hill be Immediately transmitted to the Se>uat<' and the motion prevailed. Mr. Knight of Beni<>n mO\'Pd that the House tlo now adjourn and the motion prevailNl. The Speaker announced tlw House adjourned until to-morrow morning at !) :00 ()'clock. TRCR:->DAY, DECE~1BER 13TH, 1923. 289 REPRESE::o;TATIYE HALL, ATLAXTA, GA., THURSDAY, DECEMBER 13TH, 1923. The House met pursuant to adjournment this da~ at 9 :00 o'clock A. M., was called to order by the Hpeaker, and openentitle(l an ~\ct to provide a method by which school books may be furnished free, or rented, to the children of Georgia under a local option plan, by counties, cities, local school systems and separate school districts; to provide a time and method hy which school hooks shall be adopted; to provide a method of dir:;tribution at definite prices; to repeal conflicting laws; to provide for exchange price of old books, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That within sixty days after the passage of this Act it shall be the duty of the State Board of Education, acting as the State Text-Book Commission, to adopt a series of school books for the schools of the State according to the lmYs now governing the adoption of school books; proyided, that the said Text-Book Commir:;sion shall not be limited or restrained by, or restrictet.l to the 50~{; exchange rate for old books as provided in the ...:\.ct of 1903, known as the State rniformity .Act, but the said State Text.3ook Commission is hereby authorized and directed to obtain the hest exchange rate for old books possible, provided that the exchange rate or allowance for the old books shall he as much as is allowed by the publisher of the new book as the rate allowed in THURSDAY, DECEMBER 13TH, 1923. 295 any other State under like conditions and terms of adoption. Sec. 2. Be it further enacted, That all the terms, conditions and benefits obtainable and applicable, in the State Uniformity ..Act of 1903, and also of the Act of 1916, approved August 8th, known as the Yeomans Act, shall apply to and be available for all the schools of this State governed by the adoption made under this Act. Sec. 3. Be it further enacted, That for the purpose of furnishing free books, either by renting, lending or giving them to the children of the State, any county, city, separate districts or independent school districts may have the right to use a part of their school funds derived from State appropriation, local taxation, gifts or bequests, according to the wish of the local school authorities. If a county as a whole wishes to rent, lend or give free books, the question may be determined by the Board of Education of the county. If a local or separate district wishes to so furnish books, the question may be determined by the Board of Trustees of such district, and approved by the County Board of Education. If the books art> rented to the children, the rental price shall in no event be greater than 50% of the price of the book. Such rental funds shall revert to the school authorities of the unit controlling the same. For the purpose of carrying out the provisions of this Section, it shall be the duty of the State School Board, through the State Superintendent of Educa- 296 .J OL'Rj\' AL OF THE HousE. tion, to devise plans, methods, rules and regulations governing the same. Sec. 4. Be it further enacted, That School Boards of any division handling school funds, are authorized to fumish books free to children whose parents or guardians, in the judgment of the School Board, are unable to provide their children with books. See. 5. Be it further enacted, That Boards of .B~ducation are hereby authorized to require their County Superintendents of Education, or their Secretaries, to keep on hancl at all times a supply of books antilable to meet the needs of the schools, or, if they so v in force in this State. Sec. 6. Be it further enacted, That all laws in contiict with this Act are hereby repealed. The report of the committee, which was favorable to the passage of the bill h~- substitute, was agreed to as amended. Un the passage of the bill hy snhstitnte as amended the ayes were 134, nays 1+. Tlw bill having rccei\ed tlw requisite constitutional majority, was passed by ~mhstitute as amended. Mr. Rowe of Richmond arose and addressed the House on a point of personal privilege. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: THURSDAY, DECEMBER 13TH, 1923. 297 Mr. Speaker: The Senate has instructed the Secretary to notify the House that the Senate has recommitted the report of the Conference Committee on House Bill No. 47 to the same committee on the part of the Senate and respectfully request the concurrence of the House. By unanimous consent House Bill No. 47 was recommitted to the same Conference Committee on the part of the House. Under Rule 41 the following bill of the House was taken up for the further consideration of Senate amendments thereto : By Messrs. Ennis of Baldwin and Dixon of J enkins- House Bill No. 11. A bill to annually levy and collect a tax for the support of the State Government and public institutions, and for other purposes. Mr. Ennis of Baldwin moved that the House recede from its disagreement to Senate Amendment No. 44. Mr. Knight of Berrien moved that the House insist upon its disagreement and that the Speaker appoint a Conference Committee to meet with a like committee from the Senate. Mr. Vaughan of Rockdale moved the previous question; the motion prevailed, and the main question was ordered. :298 .JorRXAL oF THE Hou~E. On the motion that the House recede from its disagreement to Senate _Amendment No. 44 Mr. Covington of Colquitt called for the ayes and nays and the call was not sustained. The motion that the House receE. Hatcher of Museogee Xew Singletary Holden Xorman of Henry Smith of Lamar Howard of Screven Orr Steele Huxford Owen Stevens Jones of Coweta .Jones, w. R., of Parks Parrish Stone Stovall Meriwether Peek Strir kland .Jordan Perkins of Muscogee Sutlive K1mpton Perryman Tippins Latham Phillips of Jasper Toole Lindsey Phillips of Telfair Turner McClure Pitts Tyson :McGarity Pope Vaughan :McMullan Price Way Maddox Reville \Vhitworth Mann Riley Williams Milner Roberts 'Wilson ::\foore Rountree Winship Mullis Rowe Wood Xapi<.'r Sapp \Voodruff Simpson Those not voting were Messrs.: Atkinson of Chatham Bird Bleckley Boatwright Bussey Collins Cumming Curry Dixon of Jenkins Dykes Fortson Gillen Golden Griffis Griner Head Jones of Floyd .Tones, A. D., of :Meriwether Langley Linder Logan Loyd ::\fcCullough ::\feDonald Mayo :Montgomery Parker Perkins of Habersham Ayes 58, nays 105. Peterson Pi<"kering Hussell Rutherford Smith of Fulton Stanford Stewart Sweat Swindle Trippe Van Landingham Wimberly of Toombs Wingate Wright Mr. Speaker By unanimous consent the verification of the roll call was dispensed with. THrnsDAY, DEcE~IBER 13TH, 1923. 303 On the motion to reconsider the ayes were 58, nays 105, and the motion was lost. Mr. Milner of Dodge moved that the House do now adjourn; the motion prevailed, and House Bill No. 11 went over as unfinished business. The Speaker announced the House adjourned until this afternoon at 3 :00 o'clock. AFTER~OO~ SESSIOX' 3 :00 o'cLOCK P. M. The House met again at this hour and was called to order by the Speaker. Mr. Smith of.Lamar moved that the call of the roll be dispensed with and the motion prevailed. Mr. Guess of DeKalb County, Chairman of the Committee on General Judiciary No. 1, submitted the following report: Mr. Speaker: Your Committee on General Judiciary No. 1 have had under consideration the following hill of the Sen- ate and have instructed me as Chairman, to report the same back to the House with the recommendation that the same do pass: Senate Bill No. 11. GuEss of DeKalb, Chairman. :i04 ,}(JL:R:\AL oF THE Hoc:-;r:. The following bill of the Senate, favorably reported by the committe>, was read the second time: By Mr. Morgan of the 5th- Senate Bill No. 11. A bill to make tax collectors ex-officio sheriffs in the collection of certain taxes. Under the order of unfinished business the following bill of the House was taken up for the further consideration of Senate amendments thereto: By Messrs. Enllis of Baldwin and Dixon of J enkins- House Bill No. 11. A bill to annually levy and collect a tax for the support of the State Government and public institutions and for ?thcr purposes. Mr. Ennis of Baldwin moved that the House insist upon its disagreement to all amendments from which it had not receded. Mr. Huxford of Clinch moved that the House re- cede from its disagreement to all Senate amend- ments. Mr. Knight of Berrif'n moved the previous question; the motion pr0vailed, and the main question was ordered. The motion that the House recede from its disagreement to all Senate amendments was lost. The motion that the House insist upon its disagreement to all Senate amendments prevailed. THURSDAY, DECEMBER 13TH, 1923. 305 By unaimous consent the Speaker appointed the following members of the House as a Conference Committee on the part of the House on House Bill No. 11: Messrs. Ennis of Baldwin. cMichael of Marion. Stewart of Atkinson. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: 1vlr. Speaker: The Senate has agreed to the majority report of the Conference Committee on House Bill No. 47, known as the Ennis Revenue Bill. The following majority and minority reports of the Conference Committee on House Bill No. 47 were submitted and read: MAJORITY REPORT Mr. President: Your committee of conference on House Bill No. 47, known as the Ennis bill, beg leave to report: 1Ve recommend that the Senate recede from its Amendments Nos. 1 and 5. "\Ve recommend that the House recede from its mpton King Kirkland Knight Langley Latham Linder Lindsey Logan Loyd Lyons McClure McCrory McCullough McDonald McGarity McMichael McMullan Maddox Mann Mansell Mayo Meeks Miles Milner Montgomery Moore Mullis Napier Smith of Jefferson New Smith of Lamar Norman of Colquitt Spence Norman of Henry Stanford Orr Stanley Owen Steele Pafford Stevens Parker Stewart Parks Stone Parrish Stovall Peek Strickland Penland Sutlive Perkins of Sweat Habersham Swindle Perkins of Muscogee Tatum Perryman Tippins Peterson Toole Phillips of Jasper Trippe Phillips of Telfair Turner Pickering Tyson Pickren Van Landingham Pitts Vaughan Pope Warren Price Way Reville West Riley Whitley Roberts Whitworth Robertson Williams Rountree Wilson Rowe Wimberly of Laurens Russell Wimberly of Toombs Rutherford Wimberly of Twiggs Sapp Wingate Shedd Winship Shettlesworth Wood Simpson Woodruff Singletary Worthy Smith of Bryan Wright Smith of Fulton Mr. Speaker Mr. Bell of Burke, Chairman of the Committee on Journals, report~d that the Journal had been read and found correct. 314 JorRXAL oF THE RoesE. By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with. The Journal was confirmed. Mr. Rowe of Richmowl arose aiHl a aml SPnate bills, favorably reported the secoJl(l time. 4. First rea, and the same are, hereby repealed. Mr. Turner of Brooks mo\ed the previous question; the motion preYailecl, aUnate Hesolution Ko. 4, the same being a resolution to create a commission to investigate the establishment of a systf'm for supplying free text-books to the children of Georgia. The following message was receincl from the Senate through Mr. McClatchey, the Secretary thereof: Mr. Speaker: The Senate has rea<1 and adopted the following resolution of the House, to wit: House RPsolution Ko. ~18. A resolution instructing the Conference Committee to make recommendations on Section 2, Paragraph 1 of House Bill No. 11, in reference to women paying poll taxes. FRIDAy' DECEl\iBER 14TH, 1923. 327 The following message was receiYed from the Senate through Mr. 'McClatchey, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bill of the House as amended, to wit: House Bill No. 56. A bill to amend an Act to levy and collect a tax upon dealers in cigarettes and cigars, and for other purposes. The following report of the Conference Committee on Senate Resolution Ko. 4 was submitted and read: Mr. Speaker: Your Conference Committee on Senate Resolution No. 4 beg leave to report that they have agreed on House substitute for said resolution with all amendments with the following amendment to be added at the end of section one of said substitute as follows: ''Provided that the change of books made under this Act shall not exceed 507o of the entire list for an adoption period.'' Respectfully submitted, J. c. BEAL'CHA:\IP, 22d, G. C. SMITH, 23rd District, H. C. MoRG.-U\, 5th District, On part of Senate Committee. ELDERS of Tattnall, McMICHAEL of Marion, CAMP of Campbell, On part of House Committee. J m:RxAL OF THE HousE. Mr. Elders of Tattnall moved that the report be adopted. Mr. Harrell of Stewart moved the previous question; the motion pren1ilevas called to orns movPd that the call of the roll be dispensed with and the motion prevailed. The following bill of the House was taken up for the purpose of considering Senate amendments thereto: By Mr. Milner of DodgeHouse Resolution No. 56. A bill to amend an Act to levy a tax upon dealers in cigarettes and cigars, and for other purposes. FRJDAY, DECEMBER 14TH, 1923. 329 Mr. Milner of Dodge moved that the House agree to all the amendments of the Senate. Mr. Bennett of Dodge moved the previous question; the motion prevailed, and the main question was ordered. Mr. Fowler of Bibb moved that the House reconsider its action in ordering tlw main question and the motion was lost. Mr. Milner of Dodge called for a division of the question. The following amendment of the Senate was read: Amend by adding a new paragraph to the bill to be numbered two, to read as follows: '' 2. Provided, that whenever cigarettes are sold in cartons or other original containers, said stamps may be affixed to each such carton or container and not to each package contained therein.'' Mr. Milner of Dodge moved that the House agree to the Senate amendment. Mr. Fowler of Bibb moved that the House disagree to the Senate amendment. The motion that the House agree to the Senate amendment prevailed. The following amendments of the Senate were read and agreed to: (1) Amend by striking from the bill the following words, ''provided that the number of employees .JoLHxAL oF TilE Hot:i-iE. shall not exceetl six and the salary of each shall not exceed $2,000 per annum,'' on page three of the bill. (2) Further amend by adding after the last word of Paragraph One of sai Senate. ENNIS, STEWART, NAPIER, On the part of the House. The follm,ing Minority Report on Senate Amend- ment No. 5 was read: , Mr. Speaker: I respectfully d to by the House: (5) ~\mend b~ striking all of lines 16, 17 and 18 in Section 2, Paragraph 4. (11) Amend by ~Hlding in line 3, Paragraph 21-A of Section 2, bdween tlw >Yords '' lms'' and ''every'' tlw followi11g words: '' PrO\idcu that no municipal FRIDAy' DECEMBER 14TH, 1923. 333 corporation or county authority shall levy or collect an additional occupation tax on persons, firms or corporations operating motor busses.'' (19) Amend Paragraph 55 of Section 2 by striking all of said paragraph beginning with the word ''Provided'' and inserting in lieu thereof the following: ''Provided this paragraph shall not apply to laundries paying the tax imposed by Paragraph 72' of this Act nor to pressing clubs paying the tax imposed by Paragraph 55-A of this Act,'' and by addin~ at the end of said paragraph a new paragraph, to be numbered ''55-A,'' as follows: ''Paragraph 55-A. Pressing Clubs. Upon each person, firm or corporation operating a pressing club, $5.00.'' (20) Amend Paragraph 62 of Section 2 as follows: By striking the amount "$50" and inserting in lieu thereof '' $100,'' and By striking the amount "$25" and inserting in lieu thereof "$75," and By striking the amount '' $10'' and inserting in lieu thereof "$50," and By striking the amount '' $5 '' and inserting in lieu thereof "$10." (39) Amend by striking all of Paragraph 115 of Section 2 and substituting in lieu thereof the following: "Par. 115. Upon each and every person, firm or corporation operating a swimming pool where admission fees are charged, or upon persons, firms or JouRKAL o.F THE RoesE. corporations keeping and renting bathing suits for hire, $:20.00 in counties of owr 50,000 population, aml $10.00 in counties of under 50,000 population, and upon persons, firms or corporations conducting or operating a bathing resort in or near the ocean and ocean aml gulf front of this State for hire the sum of $200.00 in each county wlwre such bathing resort is located.'' (42) .Ameml Section 5 by striking the entire section and inserting in lieu thereof the following: ''Section 5. Be it further enacteJ. by the authority aforesaid, That the tax proYided for in Section 4 requires return made to the Comptroller-General in accordance with the lm, of Georgia. The tax required by Paragraph 3 and 4 of Section 2 of this Act shall be returned to the receiver of tax returns in the county of the residence of the person liable to such tax and shall be entered hy the receiver upon the digest of taxable property. ''In the case of the tax imposecl upon foreign corporations b~ Paragraph 49 of Section 2, and the tax imposed by Paragraph 80, upon manufacturers of machinery and implements; upon soft drink syrups, by Paragraph 96, and upon carbonic acids' gas by Paragraph 112, the return is required to be made, and the tax paid to the Comptroller-General. The tax imposed upon legislatiYe agent hy Paragraph 71 of Section 2 shall be paid to the Secretary of State when each person registers, and he shall not be allowed to register until such tax is paid. All other taxes enumerated and set forth in Section 2 of this Act shall be returned and paid to the tax collector of the county where such yocations are carried on.'' :B'mDAY, DEcEMBER 14TH, 192~~. 335 The following Conference Committee substitute amendments for Amendments Kos. 12, 13, 34 and 37 to House Bill No. 11 were read and agreed to : (12) Amend Paragraph 28 of Section 2, by adding after the words ''public use'' the words ''and charging for the use thereof.'' (13) Amend Section 2 by adding a new paragraph to he known as Paragraph 36-A, to read as follows: "1Jpon each dealer in fire engines and apparatus or either of them $100.00 for each place of business.'' (34) Amend Paragraph 92 of Section 2, by striking the figures '' $35.00'' and inserting the figures '' $50.00,'' and by striking the figures '' $50.00'' and inserting the figures "$100.00." (37) Amend Paragraph 113 of Section 2, by striking said paragraph and substituting the followmg: ''Par. 113. Toll Bridges and Ferries. L"pon all persons or corporations operating ferries, $15.00. Upon all persons or corporations operating toll bridges, $100.00. Said tax to be paid to the collector of the county in which the owner lives or is domiciled. Provided, That this tax shall not be required of any ferry or toll bridge the receipts from which do not amount to more than $500.00 per annum.'' The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: 336 Jo"GRXAL OF THE Homm. Mr. Speaker: The Senate has adopted the report of the Conference Committee on House Bill No. 11, known as the General Tax Act. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: Mr. Speaker: The Senate has passed by the requisite constitutional majority the follo\Ying resolution of the Senate, to wit: By Mr. Pace- A resolution providing for a joint committee to notify the Governor that the extraordinary session has concluded its business and is now ready to adjourn sine die. The following resolution of the House was read and adopted : By Messrs. Hyman of \Vashington and Barrett of Stephens- House Resolution No. 41. A resolution extending the thanks of the House to the officers and certain attaches of the House for courtesies sho\vn during extraordinary session. The following resolution of the Senate was read and adopted: By Mr. Pace of the 13thA resolution providing for a joint committee to FRIDAY, DECEMBER 14TH, 1923. 337 notify the Governor that the General Assembly has completed its business and is now ready to adjourn sine die. The Speaker appointed the following members of the House as a committee on the part of the House to notify the Governor that the General Assembly has completed all its business and is now ready to adjourn sine die: Messrs. Milner of Dodge. Bowden of McDuffie. v\Tilliams of Harris. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: Mr. Speaker: The President has appointed as a committee on part of the Senate to act with the House Committee to notify the Governor that the General Assembly is ready to adjourn sine die, the following Senators, to wit: Senators Mason. Boyd. The committee appointed to notify the Governor that the General Assembly was now ready to adjourn sine die reported that the Governor had been so notified. The following resolution of the House was read and adopted: 338 JouR~ AL oF THE HousE. By Mr. Milner of Dodge- House Resolution No. 42. A resolution that the General Assembly do now adjourn sine die. The House was led in prayer by Mr. Knight of Berrien. Mr. DeFoor of Clayton, Chairman of the Committee on Enrollment, submitted the following report: Mr. Speaker: The Committee on Enrollment has examined, found properly enrolled, duly signed and ready for delivery to the Governor, the following Acts and resolutions, to wit: House Bill No. 11. ~-\n Act to annually levy and collect a tax for the support of the State Government, and for other purposes. House Bill No. 47. An Act to create the Department of Revenue, and for other purposes. House Bill No. 56. An Act to amend an Act to levy a tax upon dealers in cigarettes and cigars, and for other purposes. House Resolution K o. 33. A resolution relative to the unfinished business of the extra session of 1923. House Resolution No. 34. A resolution relative to the payment of the incidental expenses for the extra session of 1923. The following message was received from the Senate through Mr. McClatchey, the Secretary thereof: FRIDAY, DECEMBER 14TH, 1923. 339 Mr. Speaker: The Senate has concurred in the following resolution of the House, to wit: By Mr. Milner of Dodge:A resolution to adjourn sine die. The Speaker announced the House adjourned sine die. INDEX TO THE HOUSE JOURNAL EXTRAORDINARY SESSION 1923 INDEX PART I HOUSE BILLS c CODE AMEXDMENTS (Sec Tax Collectors-Part I)Amcn!l,. relative to names of stockholders . . . . . . . . . . . . 10 Amend Section 1793, sale of fertilizers . . . . . . . . . . . . . . 40 Amend Section 1793, tax on fertilizers . . . . . . . . . . . . . . . 65 Amend Section 1046, relathe to selection of arbitrator 103 110 COMMITTEES, COXFEREXCEOn Senate Bill Xo. 2, income tax bill . . . . . . . . . . 198 200 206 213 238 254 284 308 On House Bill X o. 47, Department of Revenue. . . . . . . . . . 268 On House Bill X o. 11, general tax act. . . . . . . . . . . . . . 305 315 On Senate Resolution X o. 4, school books. . . . . . . . . . . . . . 317 COMMITTEES, SPECIALTo notify Governor .................... ............. 9 337 To escort Governor ................................. 19 270 To escort Hon. Oscar W. l'ndcrwood . . . . . . . . . . . . . . . . . . 138 COMMUXICATIOXS AXD IXVITATIOXSGovernor's invitation to dinner . . . . . . . . . . . . . . . . . . . . . . 15 ::\Ir. DuBose's invitation, Home Coming Day in Athens 16 Ga. School of Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Atlanta Federation of Trades . . . . . . . . . . . . . . . . . . . . . . . . 143 COXSTITUTIOXAL A::\IEXDMEXTSXct income tax, Xo. 2 (Elders) . . . . . . . . . . . . . . . . . . . . . . 9 Income tax, Xo. 3 (Harris) . . . . . . . . . . . . . . . . . . . . . . . . . 9 Exempt certain manufacturers from taxation ......... 10 32 111 112 120 123 Sales tax, House Bill X o. 7 (Grovenstein) . . . . . . . . . . . . 10 Sales tax, House Bill Xo. 12 (Fowler) . . . . . . . . . . . . . . . . 11 Consumption tax, House Bill No. 13 (Fowler) . . . . . . . . 11 Limit rate of taxation for counties and munic-ipalities. 12 341 IXDEX. Income tax, House Bill X o. 15 (Smith of Bryan) . . . . . . 12 State Budget Commission, House Bill Xo. 16 . . . . . . . . 12 Inheritance tax, House Bill No. 17 (Elders) .......... 12 llO Franchise tax, House Bill K o. 18 (Elders) ............ 13 llO Luxury tax, House Bill No. 19 (Elders) ............. 13 llO Exempt property from taxation in certain ~ears, House Bill Xo. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Property classification tax, House Bill Xo. 21 (Elders) 13 Relative to tax rate on property, House Bill No. 24 .... 18 48 Income tax, House Bill Ko. 25 (W. R. Jones) .. 18 42 105 106 Classification tax, House Bill Ko. 26 (W. R. Jones) .. 18 48 227 State ad valorem tax to be abolished ................ 40 104 Repeal cigar and cigarette tax . . . . . . . . . . . . . . . . . . . . . . 41 Exempt certain farm lands from taxation . . . . . . . . . . . . 53 Exempt cheese factories from taxation ..... 102 122 200 209 State Budget Commission, House Bill X o. 51 (Ellis) 103 1"" Exempt $500 personal property from taxation . . . . . . . . 136 F FERTILIZERS (See Code Amendments)- J JOIXT SESSIOX8Governor's address ................................. 19 2.70 Ron. Oscar W. Underwood . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 M MESSAGES, EXECU'riVE- 5 15 88 185 :MESSAGES, SEXATE- , 7 19 48 54 68 71 88 104 109 1__37 162 163 167 197 199 199 200 213 ""~ 228 234 252 252 253 269 280 281 281 285 285 297 305 307 307 307 316 326 326 327 331 331 336 336 337 339 MESSENGER OF HOUSEElection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 IXDEX. . 345 p PEXSIOX CO)DIJSSIOXER- ::\fade Collector of Pensions 65 IS'fOLS- Special license to own pistol 40 PRIYILEGE, PERSONAL- Parks of Terrell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Linder of Jeff Davis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Stewart of Atkinson .............................. 105 174 Jones, w. R., of Mcrl.wether . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Guess of DeKalb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Rowe of Richmond ........................ 162 292 296 316 Wilson of Walton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Kew of Laurens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Bowden of McDuffie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 McMichael of Marion .............................. 306 314 Moore of Appling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314 Harris of Jefferson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326 PROCLAMATIONSOf the Governor 5 88 PRIXTIXG PLAXT, STATETo establish . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 FCBLIC PRIXTIXG-- 300 copies, House Bill X o. 11 . . . . . . . . . . . . . . . . . . . . . . . . 32 300 copies, Senate Bill X o. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 111 300 copies, House Bill No. 47 ...................... 112 163 300 copies, House Bill X os. 51 and 52. . . . . . . . . . . . . . . . 133 300 copies, Senate Bill X o. 9 . . . . . . . . . . . . . . . . . . . . . . . . 187 300 copies, House Bill X o. 44. . . . . . . . . . . . . . . . . . . . . . . . . 21:3 R RAILROAD COMMISSIOK- To amend act to change name of. . . . . . . . . . . . . . . . . . . . . . . 108 REPORTS, COX:B'ERENCE COMMITTEEOn Senate Bill X o. 2, income tax 199 213 229 253 284 306 330 On House Bill Xo. 47, Department of Rennue . . . . . . . . 305 34G 1:'\DEX. On Senate Resolution Xo. 4, school books . . . . . . . . . . . . 327 On House Bill X o. J 1, general tax act . . . . . . . . . . . . . . 331 332 REPORTS, l\IIXOIUTY- Ou House Bill X o. 3(1 91 On Senate Bill Xo. (! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 On House Bill ::\ o. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 REPORTS, SPECIAL CO}DIITTEESTo notify Gonrnor ................................. 10 337 REPORTS, STAXDIXG CO}Il\IITTEES- Amendmeuts to Constitution ......... 30 47 87 109 121 291 Education ..................................... 130 136 291 Enrollment ........................................ 240 :~38 General Agriculture Xo. 2 ....................... 47 53 129 General Judiciary X o. 1 . . . . . . . . . . . . . . . . . . . . 41 108 121 303 General Judiciary X o. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 65 Public Library . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . 223 Rules ............ 14 27 5,3 118 159 172 209 234 248 268 :n5 Sanitarium at Alto . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 State of Republic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Ways and Means .................. 31 41 46 66 103 108 208 s SCHOOLS AXD SCHOOL LAWS- Free books to 1st gnule pupils ................ ....... 10 }'ree school booksf HousL' Bill Xo. 10 (:Stanford) ..... 11 130 Free books to pupils, Housc Bill Xo. 23 (Beck)......... 17 Free books to pupils, HousL' Bill Xo. 29 (Camp of Camp- bell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Free text books to pupib, House Bill Xo. 42 (Elders)... 53 Create State Text Book Commission ................ 65 130 T T.AX COLLECTORS- Make ex-officio sheriffs, House Bill :\ o. 8 (Grovenstcin) 10 55 241 245 Amend Code relative to ex-officio sheriffs, House Bill Xo. 22 ....................................... 17 42 235 Tax collectors and sheriffs to eoliPd special taxes....... 53 IXDEX. 347 TAXES A~D TAX LAWS- Repeal Tax Equalization Act, House Bill Xo. 1 (Elders) 9 Create Dept. of Revenues, House Bill Xo. 9 (Ennis) 11 General Tax Act .............. 11 32 43 49 51 62 67 68 73 268 277 283 297 304 331 332 Pro\ide mi'thorl of computing property valuation for taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Repeal Art. 2, Sec. 2, of Tax Equalization Law........ 29 Repeal Tax Equalization Law, Housc> Bill Xo. 30 (Danid of Troup) ..................................... :{9 48 90 Regulate return and assessment of property . . . . . . . . . . 39 Require Com:vtroller-General to collect all special taxes 40 Equipment companies to be taxed .................... 40 48 Fix State rate for 1924 and. 1925 . . . . . . . . . . . . . . . . . . . . 46 Prohibit countiPs from levying over ten mills. . . . . . . . . 46 Occupation tax on soft drinks . . . . . . . . . . . . . . . . . . . . . . . . 46 Create Department of He\Pnue for collection of special taxes ....................... 102 110 163 1i 4 227 266 305 Comptroller-General to em ploy fil'lrl force to eolled delinquent taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Le\-y on income tax, statutory .. 108 122 210 214 224 254 2i)8 Amend Ad to lexy tax on dgars and eigardtes 233 244 285 328 PART II HOUSE RESOLUTIONS Clerk to inform Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Relative to general bills ............................. 13 14 Recess of General Assembly until June, 192-! .......... 1-! 28 General Assembly in joint session to hear Governor ... 15 28 General Assembly adjourn sine die . . . . . . . . . . . . . . . . . . 15 Relative to employees of House . . . . . . . . . . . . . . . . . . . . . 30 Mrs. G. Y. Harrell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Hon. V. H. Haynes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Endorse plan to construct substitute to Gorgas Plant .. -!1 48 Hon. Paul F. Vose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Memorializing Congress on income tax Iaws. . . . . . . . . . . 50 Ron. D. H. ll.feeks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 348 IXDEX. Thanking "University of Georgia . . . . . . . . . . . . . . . . . . . . . . 67 Thanking Miss Kempton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Adjourn until 4th Wednesday in June, 1924 . . . . . . . . . . . . 88 Adjourn sine die, Xovember 24, 1923 . . . . . . . . . . . . . . . . . . 105 Ron. John F. Shannon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Hon. Geo. Gilmore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Relatin to absence of members . . . . . . . . . . . . . . . . . . . . . . . 142 Committee on delinquent taxes . . . . . . . . . . . . . . . . . . . . . . . 161 Adjourn from K ovPmb<>r 28th until December :Jrcl.. . . . . 162 Adjourn sine die on Dee ember Rth . . . . . . . . . . . . . . . . . . . . 166 Individual speeches limited to 10 minutes . . . . . . . . . . . . 166 Hon. G. Y. Harrell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Daughter of Ron. Y. H. Haynes receive pa~.... . . . . . . . 168 State Librarian furnish books to Habersham County 208 223 Make House Resolution X o. 22, special order . . . . . . . . . . 208 Hon. A. S. Bussey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Adjourn sine die, December 8th . . . . . . . . . . . . . . . . . . . . . . . 226 Unfinished business of extra st>ssion . . . . . . . . . . . . . . . . . . 264 Incidental expenses of extra session . . . . . . . . . . . . . . . . . . . 264 Joint session to hear Governor .................... 265 270 Instruct Conference Committee on House Bill Xo. 2.... :;os Committee to investigate Highway Department . . . . . . . . 314 Instruct Conferenee Committee on Housp Bill X o. 11 (Barrett) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 Instruct Conference Committee on House Bill X o. 11 (Holton) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317 Athletic relations between L'nivcrsity of GPorgia and Ga. Tech . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 326 Thanking officials of House . . . . . . . . . . . . . . . . . . . . . . . . . . 336 General Assembly mljourn 'inc die . . . . . . . . . . . . . . . . . . 338 PART III SENATE BILLS A AL'DITORS, STATETo create Dept. of i::ltate Audits, Senate Bill No. 1.... 55 To create Dept. of State Audits, Senate Bill X o. 7 119 122 189 INDEX. 349 CONSTITUTIONAL AMENDMENTSIncome tax, Senate Bill No. 2 (Lankford) .... 86 104 111 123 125 131 138 151 178 199 213 229 253 284 306 330 Exempt certain manufacturers from taxation ... 282 292 320 SCHOOL AND SCHOOL LAWSCreate Text Book Commission 87 137 228 233 292 315 317 327 TAX COLLECTORSMake ex-officio sheriffs ............................ 282 304 PART IV SENATE RESOLUTIONS Joint Committee to notify Governor . . . . . . . . . . . . . . . . . 8 Hon. Oscar '.V. Underwood . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Relative to second proclamation of Governor . . . . . . . . 98 Joint session, Hon. Oscar \V. Underwood . . . . . . . . . . . . . . 138 Relative to dismissal of certain confederate officers from navy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 General Assembly adjourn sine die, December 14th 265 277 Joint Committee to notify Governor . . . . . . . . . . . . . . . . . . . 336 ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AT ITS EXTRAORDINARY SESSION November 7 to December 14, 1923 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE 1923 FOOTE & DAVIES CO., STATE PRI:-;TERS ATLANTA, GA. TABLE OF TITLE~ PART I.-PUBLIC LAWS. PART II.-RESOLUTIONS. PART I.-PUBLIC LAWS STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY AT THE EXTRAORDINARY SESSION November 7 to December 14, 1923 PART f._..PUBLIC LAWS ACTS. Department of Audits and Accounts Created. Department of Revenue Created. State Text-Boo)!; Commission Created. General Tax Act. Certain Industries Exempt from Taxation for Five Years. Cigars and Cigarettes, Tax on Dealers in; Act Amended. DEPARTMENT OF AUDITS AND ACCOUNTS CREATED. No.1. An Act to create and establish the Department of Audits and Accounts; for the appointment, term of office and removal of a State Auditor; for the salary to be paid to and the bond to be given by the State Auditor; to provide for the appointment and compensation of examiners and clerical assistants for the State Auditor; to define the powers and duties of the State Auditor; to provide for an examination and audit of all books, records, accounts, vouchers, warrants, bills and all other records of each and every department, institution, commission, bureau, agency and officer of the State of Georgia, to require such departments, etc., to comply with the rules and regulations promulgated by the State Auditor and to produce their books, records, etc., for examination; to provide for quarters for and necessary equipment, supplies, etc., for the Department of Audits and Accounts; to require the State Auditor to make specific 8 P..-""RT I.-Pl'BLIC LAWS. Department of Audits and Accounts Created. recommendations to the next General Assembly; to repeal conflicting law, 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 au- Department of thority of the same, That the Department of .Amlits and Aullits awl Ac- counts create1l. State Auditor; Accounts is hereby created and established; that the head appointment, qualification of said department shall be an experienced auditor and and term of office. accountant, who shall be appointed by the Governor and whose appointment shall be confirmed by the Senate, and "ho shall sene for a term of four years and until his suc- cessor is appointed and qualified, and who shall be known RemoT"al for anYith and approved by the Comptroller- General, in the sum of ten thousand ($10,000.00) dollars, Amount and payable to the GoYernor and his successors in office, concli- condition of bond to be tionell that he shall truly and faithfully perform the duties gin'D hy State Auditor. of his office and shall account for all public funds coming into his hans; and duties of whom shall be appointed from the same congressional dis- deputies. trict or section of the State, whose duties shall be to look after the collection of delinquent taxes of every kind that may be due the State of Georgia, particularly to investigate and collect delinquent license taxes, special or occupation taxes, automobile tag taxes, chauffeurs' license taxes, gaso- line sales taxes, and stamp taxes on cigars and cigarettes ; it shall be the further duty of such deputies to check up estates subject to inheritance taxes and to report informa- tion with reference to said estates to such officers as may be charged with the administration of the inheritance tax Delinquent taxpayers; penalty. laws of this State. All delinquent taxpayers shall be subject to a penalty of twenty per cent. for non-payment of said taxes. All special or occupation taxes shall be Delinquent deemed delinquent after thirty days from the expiration after thirty days. of the quarter in which they are payable. None of the PART I.-PUBLIC LAWS. 15 Department of Revenue Created. proviSIOns of this Act shall apply to ad valorem taxes or Ad valorem taxes, etc., those required by law to be returned to the tax receiver not affected. and entered in the tax digest. Sec. 3. Be it further enacted by the authority aforeDuty of tax said, That it shall be the duty of the tax collectors of collectors as to co-operation this State to co-operate with the department of revenue with department of reve- in supplying information as to delinquents, and said de- nue in cases of delinquency. partment shall have access to all records of tax collectors of this State in putting into effect the operation of this Act, As to commis- and that said tax collectors shall not be entitled to any com- sion; amount and when not mission whatever in the collection of delinquent taxes except paid. where such collections are made directly by such tax col- lector, and then such commission shall not exceed that of ten per cent. now provided by law, and said tax collectors shall not then have right to relieve any delinquent of pen- Right of relief to cease. alty provided in this Act, but shall collect said penalty and remit same, less his commission of ten per cent. to said revenue department. Sec. 4. Be it further enacted by the authority afore- said, That the commissioner of revenue shall receive as Salary and compensation a salary of four thousand dollars per annum, travelling expenses of com- together with his travelling expenses when travelling on missioner of revenue. business of the State in connection with his department. The clerical help in his office shall receive such compensa- compensation tion as may be approved by the Governor; the deputies em- g~~~~e~~~~~ies ployed by said department of revenue shall each be ~~c~eputies. paid salaries not to exceed two hundred dollars per month, in addition to their necessary expenses incurred while travelling in the discharge of the duties required of them, such expenses to be paid only upon a sworn itemized state- ment for such expenses made by said deputy and approved by the commissioner of revenue. Sec. 5. Be it further enacted by the authority afore- Amount and said, That before entering upon the duties of their re- condition of bond to be spective offices the commissioner of revenue shall furnish given by commissioner of revenue and bond to the Governor in such sum as the Governor may each deputy commissioner. 16 PART I.-PUBLIC LAWS. Department of Revenue Created. require, not to exceed twenty thousand dollars, and each deputy shall likewise gi,e bond conditioned for the faithful accounting for all moneys collected by him with security approved by the Governor, in a sum of not less than five thousand dollars, premiums on said bonds to be paid by the State. Sec. 6. Be it further enacted by the authority afore- Reports and payments to be said, That said deputy commissioners shall report to the made by commissioner of commissioner of revenue at least every week in detail revenue and deputy com- as to amount collected by each and the source from which missioner. the same has been collected, ancl pay over to the commis- sioner of revenue the amount shown in said report to have been collected; and it shall be the duty of the commissioner of revenue to report all such collections to the Treas- urer of the State once each week, and to pay into the State Treasury at such times all amounts that have been paid o\er to him by his deputies, except automobile tag taxes and chauffeurs' license taxes, which shall be paid to the Penalty for Secretary of State. The failure on the part of said com- failure to report and pay. missioner to so account for the funds paid to him by the deputies, or the failure on the part of any deputy to prompt- ly report and pay over to the commissioner any moneys collected by him, shall be a breach of their respective bonds, and in the discretion of the Governor, terminate the term of said commissioner or deputy. Sec. 7. Be it further enacted by the authority afore- Additional said, That in addition to the duties already prescribed for duties of commissioner of the commissioner of rennue in this bill, he shall discharge revenue. such duties as may, from time to time, be required of him by law. Oath of commissioner of revenue. Sec. 8. Be it further enacted by the authority aforesaid, That said commissioner shall be required to take and subscribe before the Governor an oath to faithfully and impartially discharge the duties of his office, which oath shall be in addition to the oath required of all civil officers. PART I.-PUBLIC LAWS. 17 Department of Revenue Created. Sec. 9. Be it further enacted by the authority afore- said, That the salary of the commissioner of revenue shall How salaries and expenses - be provided for in the general appropriations bill, and a of department of revenue sball be paid fund for the payment of salaries of deputies and clerks, as and manner of payment. well as the expenses of the office and field forces, shall be provided in the general appropriations bill. The commis- sioner of revenue shall make requisition on the Governor, accompanied bY. detailed statement covering salaries and expenses for each month, and the Governor, upon approval of such requisition, shall issue his warrant upon said fund for the amount so approved; provided, that until this can be done at the next regular session of the legislature, the compensation and expenses of the commissioner, and of the office force and the field force, shall be payable out of the twenty-five per cent. penalty imposed upon delinquent taxpayers by Section 2 of this Act, and should the penalties amount to more than the salaries and expenses of the de- partment, the amount in excess thereof shall be paid into the State Treasury at the end of each quarter. Sec. 10. Be it further enacted by the authority afore- said, That it shall be the duty of the commissioner of reve- Duty of com- nue to direct prosecutions instituted against any person or missioner of revenue to prosecute de- corporation subject to payment of any special taxes who linquents and require tax may refuse to pay said taxes upon demand of a deputy, and collectors to issue execu- to require the tax collector in the county of the residence tions. of such delinquent taxpayer to issue execution for the amount of the taxes shown to be clue. Sec. 11. Be it further enacted by the authority afore- said, That after the passage of this Act, and the same is Relief of delinquents; time limit. in operation, should any individual, who is delinquent in any of the taxes heretofore prescribed, voluntarily remit the amount of delinquency to the office of the department, within thirty days, he may be relieved of the penalty pre- scribed. .This, however, not to be effective beyond thirty days from date that office of department is in actual opera- tion. 18 PART I.-PUBLIC LAWS. State Text-Book Commission Created. Sec. 12. Be it further enacted by the authority afore- Annual reports of collections said, That the department of revenue shall be required to and expenrlitures to G{'n- keep accurate accounts of all collections and expenditures, - eral Assembly. and shall submit a detailed report of same up to June the first of each year to the General Assembly of Georgia, at its regular sessions. ConOicting laws repealed. Sec. 13. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved December 14, 1923. STATE TEXT-BOOK COMMISSION CREATED. No.3. An Act to provide a method by which school books may be furnished free, or rented, to the children of Georgia under a local option plan, by counties, cities, local school systems and separate school districts; to provide a time and method by which school books shall be adopted; to provide a method of distribution at definite prices; to repeal conflicting laws; to provide for exchange price of all books, and for other purposes. Duty of State Board of Educatton to act as State TextBook Commission in adoption of school books and the establishment of exchange rates. Proviso as to amount of exchange rate. Section 1. Be it enacted by the General Assembly of Georgia, That within sixty days after the passage of this Act it shall be the duty of the State Board of Education, acting as the State Text-Book Commission, to adopt a series of school books for the schools of the State according to the laws now governing the adoption of school books; Provided, that the said text-book commission shall not be limited or restrained by, or restricted to the fifty per cent. exchange rate for old books as provided in the Act of 1903, known as the State Uniformity Act, but the said State TextBook Commission is hereby authorized and directed to obtain the best exchange rate for old books possible, Provided, That the exchange rate or allowance for the old books shall PART I.-PUBLIC LAWS. 19 ---------------------------------- State Text-Book Commission Created. be as much as is allowed by the publisher of the new book as the rate allowed in any other State under like condi- tions and terms of adoption; Provided, the change of books Change of books limited. made under this Act shall not exceed fifty per cent. of the entire list for an adoption period. Sec. 2. Be it further enacted, That all the terms, condi- State Uniform!ty Act of 1903 tions and benefits obtainable and applicable, in the State and Act of 1916 applicable. Uniformity Act of 1903, and also of the Act of 1916, ap- proved August 8th, known as the Yeomans' Act, shall apply to and be available for all the schools of this State governed by the adoption made under this Act, Sec. 3. Be it further enacted, That for the purpose of Local option as to free school furnishing free school books, either by renting, lending or books. giving them to the children of the State, any county, city, separate districts, or independent school districts may have the right to use a part of this school fund derived from State appropriation, local taxation, gifts or bequests, ac- cording to the wish of the local school authorities. a I f County Board of Education county as a whole wishes to rent, lend, or give free books, to determine or approve. the question may be determined by the Board of Education of the county. If a local or separate district wishes to so furnish books the question may be determined by the Board of Trustees of such district, but must be approved by the County Board of Education. If the books are rented to Rental price limited. the children, the rental price shall in no event be greater than fifty per cent. of the price of the book. For the purpose of carrying out the provisions of this Regulation by State School section, it shall be the duty of the State School Board, Board. through the State Superintendent of Education, to devise plans, methods, rules and regulations governing the same. Sec. 4. Be it further enacted, That school boards of Indigents furnished any division handling school funds, are authorized to books free. furnish books free to children whose parents or guardians, in the judgment of the school board, are unable to provide their children with books. 20 PART I.-PUBLIC LAWS. General Tax Act. Duties of County Boards Sec. 5. Be it further enacted, That County Boards of of Education ns to supply Education shall be required to have on hand a sufficient of hooks and public notice. supply of books for the various schools under their charge and shall give public notice five days prior to the opening of such school session that such books are available, and the County Boards of Education may designate some agent or agents to handle such books for the various schools under their jurisdiction. Conflicting laws repealed. Sec. 6. Be it further enacted, That all laws in conflict with Act are hereby repealed. Approved December 19, 1923. GENERAL TAX ACT. No.4. An Act to annually, in addition to the ad valorem tax on real and personal property as now required by law, to levy and collect a tax for the support of the State government and public institutions; for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public debt; to pay maimed and indigent Confederate soldiers, and widows of Confederate soldiers, such amounts as are allowed them by law; to pay the public debt when due; to prescribe what persons, corporations, professions, business, and property are liable to taxation; to prescribe the methods of collecting and of receiving certain of said taxes; to prescribe questions to be propounded to taxpayers, and to provide penalties for violations thereof; and to repeal conflicting laws, and for other purposes. Act effective Jan. 1, 1924. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the terms and provisions of this Act shall not take effect and become operative until January 1, 1924, and shall continue thereafter. PART I.-PUBLIC LAWS. 21 General T'ax Act. Sec. 2. Be it further enacted by the authority aforesaid, That in addition to the ad valorem tax on real estate and Specific and oc~ cupation taxes. personal property, as required by the Constitution and now provided for by law, the following specific and occupa- tion taxes shall be levied and collected each year after the passage of this Act, beginning in 1924. In all cases in this When U. S. census gO\ern~. Act where population controls the amounts of tax or license fee to be paid, the last census report of the Federal Gov- ernment shall govern. Paragraph 1. Upon each and every inhabitant of the Poll tax. State between the ages of twenty-one and sixty years, on the day fixed for the return of property for taxation, a poll tax of one {$1.00) dollar, which shall be for educational purposes, in instructing children in the elementary branches of an English education only. Provided, this shall not be Proviso as to exemptions. demanded of blind persons, nor crippled, maimed or dis- abled Confederate veterans relieved of such taxes under and by authority of Section 766, Volume 1, of the Code of 1895, nor shall this tax be required or demanded of female inhabitants of the State who do not register for voting. (a) Provided further, That those female inhabitants Relief of registered who have heretofore registered may avail themselves of female ,oters. the benefits of this Act and be relieved of said tax, by applying to the tax collector of their county, and have their names stricken from said registration book; and it shall be the duty of said tax collector to issue to such females who may apply to have their names so stricken a certificate, which certificate shall bear date when issued and shall give the name of such females, and state in substance that said named female has been stricken from the registration book, and is no longer a registered voter for that year. Paragraph 2. That the Governor, by and with the as- Ad valorem tax for sink- sistance of the Comptroller-General, is authorized and em- ing funrl for retirement of powered annually to levy and assess a tax on the ad valorem State bonds. value of the taxable property of this State such rate as may be sufficient to r(ljse a net amount of $100,000 as a sink- 22 PART I.-PTJBLIC L.HVR. General Tax Act. ing fund to pay off and retire the valid outstanding bonds of the State as they fall due, as required by Article 7, Sec- Separate accounts by Stnte tion 14, Paragraph 1, of the Constitution. The tax above Treasurer. authorized shall be specially levied and collected and sep- arate accounts of the same shall be kept by the Treasurer, and the money arising therefrom shall be applied to pay- ing off the valid bonds of the State as they mature. The said amount so received each year shall be applied to pay- ing off and retiring the valid bonds of the State maturing Cancellation of bonds. in their order continuously. All bonds retired under the provisions of this Act shall be cancelled and stamped with the words ''sinking funds,'' by the Treasurer and filed in his office. Additional ad In addition to the foregoing levy, the Governor, by and valorem tax to meet appropria- with the assistance of the Comptroller-General, shall also tions of General Assembly levy and assess such additional rate of tax on the taxable for each year. property of this State as may be necessary to meet the ap- propriations of the General Assembly of Georgia for each succeeding year. The aggregate ad valorem tax levy in Tax rate limit. any one year not to exceed the tax rate limit fixed by the Constitution of this State. The Comptroller-General and Equalization of State Tax Commissioner shall cause returns of public servtax values. ice and utility corporations whose returns are made to the Comptroller-General, to be equalized with the returns of real estate taxpayers of Georgia, in order that the per- centage of actual values returned by such corporations shall be as great as the percentage of actual values returned by land owners of Georgia. Professional taxes. Paragraph 3. Professions. Upon each and every practitioner of law, medicine, osteopathy, chiropractic, chiropodist, dentistry, and upon each and every veterinary surgeon, optician, optometrist, masseur, public accountant, or embalmer, and upon every civil, mechanical, hydraulic, or electrical engineer, or architect, charging for their services as such, $15.00, and the validity of their licenses is made contingent upon the payment of the tax herein provided. And no municipal corporation or county authority shall levy or PART I.-PUBLIC LAWS. 23 General Tax Act. collect an additional tax on the professions, business or occupations enumerated above, which shall be returned to the tax receiver of the county of his residence by any person engaged therein on the first day of January, and entered by the receiver on the digest of the county. Paragraph 4. Officials. Upon the president of each ex- Certain em noration presi- press, telegraph, telephone, railroad, street railroad, steam- dents. . boat or navigation company, electric light, gas company, water company, sleeping car company, palace car company, building and loan association, and investment and loan com- pany, doing business in this State, $25.00. Provided, said tax shall not apply to local building and Proviso as to loan associations fostered as a civic undertaking and not exemptions. conducted for financial gain or profit. In case the president of any of the companies enumer- Prf'Sidents DOD resident, other ated in the preceding paragraph does not reside in this officials to act. State, then in each case the general agent, superintendent, or other person or official in charge of the business of such companies, residing in this State, shall be required to pay the tax of $25.00 hereby imposed, and no municipal corpora- tion, or county authorities shall levy or collect an additional tax on the officials enumerated above, either as a license, Duty as to tax or fee. The president or other officials herein named, returns. of the companies enumerated above, are required to make a return as such to the tax receiver of the county of his residence, as of January 1st, which return shall be entered on the digest by said receiver. fi Pa rm ragraph 5. or COrporat Abstraet lOll engage 0d ompanies. U po I.ll the bUS.llleSS n 0 e f ach person, rnak"1ng ab- Title abstract comp_anie.s;_ certam Cities and towns. stract of title to property in cities of 20,000 inhabitants or over, $100.00; in cities between 10,000 and 20,000 inhabi- tants, $50.00; in cities and towns of less than 10,000 in- habitants, $25.00. Provided, This tax shall not be required Proviso as to of attorneys at law who have paid the professional tax re- f~!?.rneys at quired of them by Paragraph 3, Section 2, of this Act. 24 PART I.-PUBLIC LAWS. General Tax Act. Advertising agents. Location defined. Proviso as to registry, etc. Paragraph 6. Advertising. Upon each person, firm or corporation conducting the business of an advertising agency using other means than billboards, $50.00; upon each person, firm or corporation conducting the business of advertising by signs painted, pasted or printed on billboards or other places where space is leased, rented or sold, in each county where located, fifty cents for each location, and a location is defined to be 75 lineal feet or fractional part thereof; and Provided further, That before painting or posting such locations or fractional part thereof, it shall be the duty of the person or persons so advertising to register with the ordinary and tax collector of said county as required by law, and in case of any increase of advertising the ordinary shall in each instance be notified as to the number of locations. Bill distributors. Paragraph 7. Bill Distributors. Upon all bill distributors and parties engaged in the business for profit in towns or cities, $25.00. Collecting; commercial and mercantile agencies. Paragraph 8. Agencies, Collecting, Commercial and Mercantile. Upon each person, firm or corporation engaged in business as a collecting, commercial, mercantile, or any other agency of like character, $200.00 in every county in the State where they have an office or branch office. Detect!ve agencies; certain cities or towns. Teach('rs' agencies. Paragraph 9. Agencies, Detective. Upon each person, firm or corporation operating a detective agency, or doing detective work for hire or compensation, for each office established in this State in or near cities or towns of 25,000 or more inhabitants, $200.00; in or near cities or to-wns from 10,000 to 25,000 inhabitants, $50.00; and in or near cities or towns of less than 10,000 inhabitants, $25.00. Paragraph 10. Agencies, Teachers. Upon each person, -firm or corporation conducting a teachers' agency or bureau, $25.00 in each county where it has an office. Amusement parks. Paragraph 11. Amusement Parks. Upon each person, firm or corporation running, leasing or operating an amuse- PART I.-PUBLIC LAWS. 25 General Tax Act. ment park, other than baseball, football or bicycle parks, hereinafter mentioned, where two or more amusement de. vices, resorts, or attractions are operated, and an admission fee is charged for any one or more of the exhibits, resorts. or attractions, $250.00. Provided, This paragraph Proviso as to construction. shall not be construed to exempt or relieve any individual device, resort, amusement or attraction located in said park from paying any specific or license tax herein imposed. Paragraph 12. Athletic Clubs. Upon every athletic club, Athletic clubs, etc. and upon every association or person giving boxing or sparring or wrestling exhibitions where an admission of flO cents to $1.00 is charged, $50.00 for each exhibition; where admission charged is $1.00 to $1.50, $100.00; and where the admission charged is $1.50 and over, $200.00 for each exhibition. Paragraph 13. Auctioneers. Upon each and every auc- Auctioneers, jewelry. tioneer selling jewelry by auction in this State, $200.00 in each county in which he conducts said business. (a) Upon each and every auctioneer selling junk by Junk. auction in this State, the sum of $100.00 in each county in which he conducts said business. (b) Upon each and every auctioneer selling furniture Furniture and household and household goods by auction in this State, the sum of goods. $100.00 in each county in which he conducts ,said business. (c) Upon each and every auctioneer selling live stock, Live stock. farm implements and produce by auction in this State, the sum of $25.00 in each county in which he conducts said busi- ness. Provided, This shall not apply to co-operative sell- Proviso as to ing or to producers of live stock from selling same. co-operative selling, etc. (d) Upon each and every non-residential real estate Real estate; non-residrntial. auctioneer, the sum of $100.00 in each county in which he conducts said sale. Each and every resident real estate Real estate; residential. auctioneer shall pay the sum of $50.00 in each county in which he conducts said sale. At the time he registers with Registry regulations. the ordinary of the county, before paying the tax, every 26 PART I.-PUBLIC LAWS. General Tax Act. auctioneer must specify the kind and style of sale he mtends to conduct. Proviso ns to sales by sheriffs. exec- utors, etc. (e) Provided, This Section and the subsections thereto shall not apply to sheriff and the parties acting as auctioneers for executors, administrators, guardians and commissioners conducting sales by virtue of the order of any court of this State. Automobile dealers; cer- Paragraph 14. Automobiles. Upon every agent of, upon tain counties. every dealer in, and upon every person soliciting orders for retail sale of automobile, not including wholesale dealers or distributors soliciting or canvassing for local dealers, the sum set out below, viz.: In each county with a popula- tion of less than 20,000, $25.00; in each county with a popu- lation of between 20,000 and 30,000, $55.00; in each county with a population of between 30,000 and 50,000, $85.00; in each county with a population between 50,000 and 75,000, $110.00; in each county with a population between 75,000 and 100,000, $165.00; in each county with a population be- tween 100,000 and 150,000, $220.00; in each county with a Proviso. population exceeding 150,000, $275.00. Provided, however, That nothing in this Act shall conflict with the provisions :fixing a license upon exclusive dealers in used cars. Such dealer, agent or solicitor selling or offering for sale auto- mobiles at retail shall be required to pay one license fee only in each county, so as to provide that all persons so- liciting orders, or selling automobiles at retail shall pay a license to become a dealer or agent, and such license shall entitle such dealer to sell any make or makes of new or second-hand automobiles, and shall entitle said dealers to operate in connection with said business a service station, in the said county in which said license is paid; any dealer having paid such tax to be allowed any number of employees for the purpose of selling cars within the county wherein Used cars, automobiles, trucks; ex- clusive dealers In; certain counties. such tax has been paid. Paragraph 15. Used Cars. Upon every person, :firm or corporation dealing exclusively in used automobiles or PAR'l1 I.-PUBLIC LAWS. 27 General Tax Act. trucks, or second-hand automobiles or trucks, the following sums, viz.: In each county with a population of less than 20,000, $25.00; in each county with a population over 20,000 and not ov'er 50,000, $50.00; in each county with a population exceeding 50,000, $100.00. Paragraph 16. Automobile Tires or Accessories. Upon Automobile every wholesale dealer in automobile tires or automobile tires or accessories. accessories of any kind whatsoever, the sum of $100.00 for wholesale and retail. each place of business, and upon every retail dealer the sum of $10.00 for each place of business. Paragraph 17. Automobile Schools. Upon all automo- Automobile schools. bile schools, $10.00 in each county. Paragraph 18. Automobile Assembling Plants. Upon Automobile assembling every agent or representative of any foreign or non-resi- plants. dent corporation said agent or representative having an office in this State, operating an automobile assembling plant, $300.00 in each county. Paragraph 19. Automobile Truck Assembling Plants. Automobile truck aSsemb- Upon each person, firm or corporation operating an auto- ling plants. mobile truck assembling plant, $300.00 in each county. Paragraph 20. Automobile Garages. Upon each person, Automobile garages; cer- tain cities firm or corporation carrying on the business of operating and towns. garages, either for storage or repairing automobiles, in cities of more than 35,000 inhabitants, $75.00; in the cities between 20,000 and 35,000 inhabitants, $50.00; in cities be- tween 10,000 and 20,000 inhabitants, $25.00; in cities and towns of 1,000 to 10,000 inhabitants, $15.00; in cities and towns of less than 1,000 inhabitants, $5.00; and persons operating such garages within one mile of the limits of all incorporated cities, $5.00. Paragraph 21. Cars Operated for Hire. Upon each Automobile-s for hire; cer- person, firm or corporation operating or keeping automo- tain cities anc.J towns. biles for hire, whether in connection with a garage or not, a tax according to the following scale, whether in or out- side of the corporate limits of any city or town, viz.: For 28 PART I.-PUBLIC LAWS. General Tax Act. Proviso as to fixed route!-~; jitneys, etc. each automobile so operated in or near towns or cities of population not over 1,000, $5.00; of population from 1,000 to 5,000, $10.00; of population from 5,000 to 15,000, $15.00; of population from 15,000 to 30,000, $20.00; of population from 30,000 to 50,000, $25.00; of population of 50,000 and over, $40.00. Provided, however, These taxes shall not be required of operators or keepers of automobiles for hire when such automobiles are used over or operated upon a fixed or uniformed route, and such cases the schedule of fees shall be as follows: Upon every person, firm or corporation operating automobiles for transportation of passengers upon a regular fixed route, commonly known as jitneys, and for a uniform fare of not more than 10 cents, the following amounts: For a five-passenger car or less, $15.00 per annum, and for every car carrying more than five passengers, $25.00 per annum. Motor busses. Paragraph 21-A. Motor Busses. Upon every person, firm or corporation operating a motor bus for the trans- portation of passengers upon a regular fixed route between No additional cities or towns, $25.00 for each bus. Provided, That no occupation tax. municipal corporation or county authority shall levy or collect an additional occupation tax on persons, firms or Registry ant brokers; CPr- when not prohibited by law, operating in cities of more than tain citif's and towus. 10,000 inhabitants, $100.00; in cities or towns of less than 10,000 inhabitants, $50.00. Paragraph 36. Burglar Alarm and Automatic Sprink- Burglar alarm, automatic ler. Upon all burglar alarm companies, and upon all auto- sprinklf'r aml fire apparatus. matic sprinkler companies, or agents therefor, the sum of $25.00 for each agency or place of business in each county. Upon each dealer in fire engines and apparatus or either of them, $100.00 for each place of business. Paragraph 37. Cards, Dealers in. Upon each dealer in Playing C"'ards. playing cards, $10.00 for each place of business. Paragraph 38. Carel Writing Stands. Upon all card f'ard writing stands. writing, cutting or engraving stands, $5.00 for each stand in each county. Paragraph 39. Carpet Cleaners. Upon all carpet and Carpet anrl rug cleaning companies not connected with laundries, $10.00 rug cleaning. for each place of business. Paragraph 40. Cemetery Companies. Upon all cemetery Cemetery companies. companies, agencies, offices, etc., $50.00 in each county. 32 PART I.-PUBLIC LAWS. General Tax Act. Circuses; certain C'itiPs and towns. Paragraph 41. Circuses. Upon each circus company or other company or companies giving such exhibition beneath or within a canvas inclosure, advertised in print or parade in any manner whatsoever, as a circus, menagerie, hippodrome, spectacle or show implying a circus, in or near cities of 40,000 or more inhabitants, for each day it may exhibit, $500.00; in or near cities between 20,000 and 40,000 inhabitants, for each day it may exhibit, $300.00; in or near cities between 5,000 and 20,000 inhabitants, for each day that it may exhibit, $250.00; in or near cities or towns of less than 5,000 inhabitants, for each day it may exhibit, $100.00; in or near cities or towns of less than 1,000 inhabitants, for each day it may exhibit in the State of Georgia, $100.00. Sirle Rhows; rertain cities nnd towus. Paragraph 42. Side Shows. Upon each side show accompanying a circus company in or near cities of 5,000 population or more, $50.00; and in or near all cities or towns of less than 5,000 population, $25.00. CliJ)]lfng bureaus. Paragraph 43. Clipping Bureaus. Upon each clipping bureau, $10.00. Coal, coke and wood: certain eitiPs and towns. Proviso as to dPalers in wood only. Paragraph 44. Coal, Coke, or Wood. Upon each person, firm or corporation dealing in coal, coke, and wood, or coal and coke, whether for themselves or as agents or as brokers, in cities of more than 1,000 inhabitants, and not more than 10,000, $10.00; in cities of more than 10,000 and not more than 20,000 inhabitants, $50.00; in cities of more than 20,000, $100,000. Provided, That dealers in wood only shall pay a tax of $10.00. Said tax payable for each place of business. Concerts, shows and exhibi- Paragraph 45. Concerts, Shows and Exhibitions. Upon tions; certain cities. all concerts, shows and exhibitions charging an admission, not otherwise herein taxed, in or near cities of less than 5,000 inhabitants, $25.00; in or near cities of more than 5,000 and not more than 20,000, $50.00; in or near cities of more than 20,000 and not more than 50,000, $75.00; in or near PART I.-PUBLIC LAWS. 33 General Tax Act. cities of more than 50,000, $100.00 for each day. Provided, Proviso ati to charitable This section shall not apply to exhibitions given by local entertainments, chautauquas, performers nor to exhibitions the entire proceeds of which etc. are for charitable, benevolent purposes, nor to entertain- ments commonly known as Chautauquas. Provided further, Proviso as to regularly That this section shall not apply to histrionic, dramatic and licensed theatres and operatic performances given in regularly licensed theatres opera houses, and opera houses, but upon each such theatre or opera house in towns of less than 2,000 inhabitants, $2.50 per month; in cities from 2,000 to 5,000 inhabitants, $4.00 per month; in cities from 5,000 to 10,000 inhabitants, $7.00 per month; in cities from 10,000 to 25,000 inhabitants, $10.00 per month; in cities of over 25,000 inhabitants, $12.50 per month. P aragraph 46. COllStruetlOll Compan1es. Upon each Ccoomnsptaruncietiso. n person, :firm or corporation accepting a contract to con- struct bridges, dams, waterworks, roads, railroads, street paving, cantonments, or other stuctures or works of a like public nature, in each county where doing business, one- tenth of one per cent of the contract price, then one-tenth of one per cent upon cost of such work, and Provided, That Maximum tax. the aggregate tax paid by any one contractor or :firm or corporation under this section shall not exceed the sum of $500.00 in any one county in any calendar year. Paragraph 47. Contractors. Any person, firm or cor- ~3~~rt~~~~~~, poration accepting orders or contracts for doing any work defined. on or in any building, or structure, requiring the use of paint, stone, brick, mortar, wood, cement, structural iron and steel, sheet iron, galvanized iron, metallic piping, tin, lead, electric wiring or other metal, or any other building, or who shall accept contracts to do any paving or curbing on sidewalks or streets, public or private property, using as'phalt, brick, stone, cement, wood or any composition, or who shall accept an order for, or contract to excavate earth, rock or other material, for foundation or any other purpose, or who shall accept an order or contract to construct 34 PART I.-PUBLIC LAWS. -------------------------- ------- General Tax Act. any sewer of stone, brick, terra cotta or other material, shall be deemed to be a contractor. Every contractor shall, on the first day of January in each year, procure from the ordinary in the county in which he has his office a license Proviso as to to carry on the business of a contractor. Provided, That license, amount of tax and time of pay- if such contractor has no office in this State then he may ment. procure such license from the ordinary of the county where he conducts his business. Every such contractor shall pay for the privilege of transacting business in this state, $10.00, provided the amount of all orders or contracts accepted clo not exceed $10,000, and $1.00 additional for each $1,000.00 of orders or contracts accepted above $10,000; this to be paid as follows: $10.00 to be paid at the beginning of the year or at the commencement of business within any year, and thereafter returns to be made at the end of the quarter to the tax collector, showing the amount of orders or con- tracts accepted during the quarter and the amount of tax due upon the orders or contracts above $10,000 to be paid at the end of each quarter with the making of this report. When contract price is less Provided, The provisions of this section shall not apply in than $500.00. cases where the contract price does not exceed the sum of $500.00, and where the contractor does not employ more than two assistants. Domestic corporations. Paragraph 48. Corporations, Domestic. All corporations incorporated under the laws of Georgia shall, except those that are not organized for pecuniary gain or profit, and those that neither charge nor contemplate charging the public for services rendered, in addition to all other taxes now required of them by law, are hereby required to pay each year annual license or occupation tax as specified in the following scale: Amount of taxes to be paid. Corporations with capital not exceeding $10,000, $10.00. Corporations with capital over $10,000, and not over $25,000, $15.00. Corporations with capital over $25,000, and not over $50,000, $20.00_ PART I.-PUBLIC LAWS. 35 General Tax Act. Corporations with capital over $50,000, and not over $75,000, $30.00. Corporations with capital over $75,000, and not over $100,000, $50.00. Corporations with capital over $100,000, and not over $300,000, $100.00. Corporations with capital over $300,000, and not over $500,000, $200.00. Corporations with capital over $500,000, and not over $1,000,000, $300.00. Corporations with capital over $1,000,000, and not over $2,000,000, $500.00. Corporations with capital over $2,00Q,OOO, and not over $3,000,000, $600.00. Corporations with capital over $3,000,000, and not over $4,000,000, $700.00. Corporations with capital over $4,000,000, and not over $5,000,000, $800.00. Corporations with capital over $5,000,000 and not over $6,000,000, $900.00. Corporations with capital over $6,000,000, $1,000.00. Tax required by this paragraph to be paid to the tax Where paid and duty of collector of the county where such corporation has its home tax collector as to receipts. office of business, and the payment of this tax will relieve such corporations from the payment of said tax in any other county in which it does business, and to that end the tax collector shall furnish such duplicate receipts as may be needed for authorized agents of the corporation in other counties of this State. ~Paragraph 49. Corporation,"Foreign. Upon every agent Foreign corporations. or representative of any foreign or non-resident corpora- tion, said agent or representative having a place of busi- ness or office in this State, in addition to all other taxes 36 PART I.-PuBLIC LAws. General Tax Act. now required of them by law, shall be, and they are hereby, Occupation tax required or required to pay each year an annual license or occupation each agent. and amount of same. tax fixed in accordance with the capital stock of the cor- poration represented by them, as specified in the preceding paragraph of this section (wherein is fixed the license or occupation tax required of corporations chartered under the laws of Georgia), per schedule or scale therein set forth. ProYiso as to Provided, That if such foreign or non-resident corpora- relief of agents by foreign tions shall pay to the Comptroller-General of this State the corporation making proper amount of the occupation or license tax prescribed as per registration and payment. said schedule for resident corporations, then the agents of such foreign or non-resident corporations shall be re- lieved from said occupation tax. And to this end said for- eign corporations shall register their name, capital stock, and the names of their agents with the Comptroller-Gen- eral at the beginning of each year, and upon said license Duty of Comp- or occupation tax being paid, it shall be the duty of the troller-General as to certificate Comptroller-General to furnish said corporation a certifi- and duplicate receipts. cate or duplicate receipt for each agent that said tax has been paid, and the presentation of such certificate or dupli- cate receipt by such agent to the tax collector of his county shall be sufficient evidence of such payment and authorize the agent to be relieved of said tax. The payment of this tax shall not be construed so as to relieve the corporation or agent of any other license or occupation tax whatever. Certain except- Provided, That this and paragraph 48 of this section shall ed corporations. not apply to insurance companies, or to sewing machine com- panies, or to companies doing or operating a real estate loan business as mentioned and described in Paragraph 70 Proviso as to returns under hereinafter, which are separately taxed by other provi- oath, and payment ot cer- sions of this Act. Provided, further, That all returns by tain fees. corporations, resident or non-resident, must be made under oath, and when any corporation paying this license or ocqu- pation tax requires or demands more than two duplicate certificates for agents, then such corporation shall be re- quired to pay an additional fee of $1.00 for each duplicate certificate or receipt over and above the first two mentioned. PART I.-PUBLIC LAWS. 37 General Tax Act. Paragraph 50. Dance Halls. Upon each person or per- Dance balls; public. sons operating public dance halls where dancing is per- mitted or taught for hire, $100.00 for each place of busi- ness. Paragraph 51. Devices, Bowling and Ten-Pin Alleys, Bowling alleys, Cane Racks, Shooting Galleries, etc. Upon each person, amusement devices, etc. firm or corporation operating for gain a bowling, box-ball, ten-pin alley or alley of like character, shooting galleries, or booth where firearms are used for firing at a target, and upon persons operating for gain any table, stand, machine or place for performance of games not prohibited by law, and any rack or booth or place for pitching or throw- ing rings at canes, knives, or other things of value, or any table or stand for rolling balls for play or for sale or dis- position of prizes, for each stand, table, alley, gallery, machine, rack, booth or other place put in use at each place of business in this State, the sum of $50.00. Paragraph 52. Skating Rinks. Upon the owner, man- Rka ting rinks; certain coun- ager, keeper or lessee of any skating rink in this St~te, ties. where any fee or charge is made for admission, for the use of skates, or skating, in counties having a population of more than 100,000 inhabitants, the sum of $100.00; in coun- ties of 50,000 and not over 100,000, the sum of $50.00; in counties of less than 50,000 population, the sum of $25.00 for each place of business. Paragraph 53. Directories. Upon each person, firm Directories. or corporation compiling a city directory or directories of any character, and selling or supplying the subscription, the sum of $125.00. The above tax shall not be construed Exception. to apply to telephone companies issuing directories fnr use in the telephone exchanges. Paragraph 54. Dog and Pony Shows. Upon each dog, Dog and pony shows. pony or horse show, where the entire show is exclusively an exhibition of trained dogs, ponies, or horses and monkeys, or a combination of any of them, beneath a tent, canvas or enclosure, where an admission fee of fifteen cents or 38 pART I.-PUBLIC LAWS. General Tax Act. more is charged, the sum of $50.00 for each day it may exhibit, and upon such shows with an admission fee of less than fifteen cents, the sum of $30.00 for each day it may exhibit in this State. Dry cleaning, Exceptions. Paragraph 55. Dry Cleaning. Upon all persons, firms or corporations engaged in dry cleaning, $25.00 for each place of business. Provided, this Paragraph shall not apply to laundries paying the tax imposed by Paragraph 72 of this Act, nor to pressing clubs paying the tax imposed by Paragraph 55-A of this Act. Pres~ing dubs. Paragraph 55-A. Pressing Clubs. Upon each person, firm or corporation operating a pressing club, $5.00. Electrical contractors. Paragraph 56. Electrical Agents. Upon all electrical contractors, $10.00 for each county. Emig-rant agE'nts. Proyiso as to giving certain bonds. Paragraph 57. Emigrant Agents. Upon each emigrant agent, and upon each employee of such agents, doing business in this State, $1,000.00 for each county in which such agents or employee may do or offer to do business. Provided, That no emigrant agent or employee shall take from this State or attempt to take from this State any person until after first giving a bond to be accepted and approved by the Commissioners of Commerce and Labor, conditioned to pay any valid debt owing by said person to any citizen of this State. Employment agencies. Paragraph 58. Employment Agencies. Upon all employment agencies or bureaus doing business in this State, $50.00 for each county. Travelling- horse traders or gypsies. Paragraph 59. Travelling Horse Traders or Gypsies. Upon each company of travelling horse traders, or travelling gypsies, or travelling companies or other transients, travelling persons or firms, engaged in trading or selling merchandise or live stock of any kind, or clairvoyant, or persons engaged in fortune telling or palmistry, $250.00, to be collected by the tax collector in each county and distributed PART I.-PUBLIC LAWS. 39 G-eneral Tax Act. as follows: To the county where collected, $125.00; to the State, $125.00, which tax shall be collected in each county where they carry on either kind of business herein men- tioned. This tax shall apply to any person, firm or cor- poration who themselves, or by their agents, travel through the State carrying live stock and carrying with them cook- ing utensils and live in tents, or travel in covered wagons, and who may be a resident of some county or who reside without the State, and who are commonly called travelling horse traders and gypsies, and such persons or corporation shall be liable to pay this tax. Such tax shall constitute Lien on live stock. a lien on any live stock owned by such travelling persons or firms. Provided, That no Confederate soldier, indi- Who not exempt. gent, or any other person, firm or corporation shall be exempted from the tax provided under this section. Pro- Proviso as to vided, further, that this tax shall not be required of bona non-requirement. fide residents of this State who have paid the tax required in Paragraph 69. Paragraph 60. Gasoline or Oil Trucks. Upon each per- Gasoline, oil trucks. son, firm er corporation selling oil or gasoline from a wagon or truck, $10.00 for each wagon or truck in each county. Paragraph 61. Insurance Agents. Upon each local in- !~~~~~~~.e surance agent doing business in this State, and upon each and every solicitor or sub-agent for any resident or nonresident company doing business in this State, $10.00 for each county in which they shall transact or solicit insurance business. Provided, This shall not apply to the' Provis? as to except10ns. agents of mutual fire associations or companies operating solely on mutual obligations. (b) Upon each and every traveling or special or gen- Life, fire, accident, casual- ty, liability, eral agent, or manager of any life, fire, accident, casualty, fidelity or surety in- liability, fidelity or surety insurance company conducting surance. the business of such companies in this State, $100.00, pay- able in the county of the residence of the agent, and the 40 PART I.-PUBLIC LAWS. General Tax Act. tax collector's receipt shall be his authority to go into any other county without the payment of an additional tax. Assessment life. benefit or (c) Upon each and every traveling or special or gen- accident, or live stock eral agent, or manager or superintendent of any assess- insurance. ment life insurance company or such benefit or accident insurance company or live stock insurance company doing business in this State, whether for a resident or non- resident company, $50.00, payable in the county of the residence of the agent, as provided above for other insur- ance companies. Adjustment bureaus. (d) Upon all adjustment bureaus employing adjusters a tax of $50.00 for each person who adjusts any loss, said tax payable in the county where the bureau is located, and the receipt of the tax collector for the payment of said tax shall authorize the person named in the receipt to go into any county in the State. Independent (e) Upon each and every person who adjusts insurance insurance adjusters. losses, not connected with an adjustment bureau, $50.00, payable in the county of his residence and the receipt of the tax collector shall be his authority to do business in Proviso as to any part of the State. Provided, That this tax shall not local insurance agents. apply to local insurance agents who adjust losses without remuneration. PaymPnt must must be in advance. Proviso as to definition. (f) The license taxes imposed by this paragraph must be paid in advance by said agent or agents to the tax collector of the county of his residence before said agents shall be authorized to act as agents for any such company. Provided, That the railroad ticket agents selling accident tickets shall not be deemed insurance agents in the sense of this paragraph. lee cream dealers. Paragraph 62. Ice Cream Dealers. Upon each person, firm or corporation manufacturing ice cream or selling same at wholesale in or near cities of more than 50,000 inhabitants, $100.00; in or near cities from 20,000 to 50,000 inhabitants, $75.00; in or near cities of from 10,000 to 20,- PART I.-PUBLIC LAWS. 41 General Tax Act. 000, $50.00; and in or near cities of less than 10,000 inhabitants, $10.00. Paragraph 63. Non-Resident Bottlers. Upon each non- Non-resident bottlers. resident person, firm or corporation delivering for sale by truck or trucks any carbonated beverages in this State, $150.00. Paragraph 64. Itinerant Practitioners. Upon every Itinerant practitioners. itinerant doctor, dentist, optician, optometrist, veterinary surgeon, osteopath, chiropractor, or specialist of any kind, doing business in this State, $25.00 for each county in which they may practice or do business. Provided, that Proviso as to peddlers or if any one of said itinerant specialists shall peddle or sell travelling vendors. et<'. any drug, medicine, remedy, appliance, spectacles, glasses or other goods, in connection with the practice of his pro- fession, he or they shall be subject to the tax required of peddlers or travelling vendors of patent proprietary medi- cine, nostrums, etc., by Paragraph 88 of this Act, to wit: $50.00 in each county where they may offer to sell such ar- Proviso as to ticles. Provided further, That the provisions of this para- npplication of this tax. graph shall not apply to persons whose fixed place of busi- ness is in any county of this State, and who have paid the professional tax required by Paragraph 3 of the Act. Paragraph 65. Junk Dealers. Upon each person, firm Junk dealer~. certain citif_s or corporation engaged in the business of dealing in junk and town&. in or near cities of over 50,000 inhabitants, $100.00; in or near cities of from 10,000 to 50,000 inhabitants, $50.00; in or near cities of from 3,000 to 10,000 inhabitants, $25.00; in cities or towns under 3,000, or within ten miles thereof, $10.00; each. junk dealer, his clerk, agent or employee, shall keep a book, open to inspection, in which he shall make Records to be kept. entries of all railroad iron, brass, pieces of machinery, plumbing materials, unused farm implements, automobile parts, fixtures or accessories, purchased by him, together with the name of the party from whom purchased, and upon failure to keep such books or record and produce it Penalty. on demand, the said dealer shall forfeit his license. 42 PART I.-PUBLIC LAWS. General Tax Act. Legerdemain and sleight of hand, Paragraph 66. Legerdemain and Sleight of Hand. Upon each exhibition of feats of legerdemain or sleight of hand, or other exhibition and entertainment of like kind, $25.00 in each county. I.ightia~ systems. Paragraph 67. Lighting Systems. Upon each person, firm or corporation selling, whether as manufacturer, agent or dealer in, any lighting system, whether gas, gasoline or electrical, $25.00 in each county. Lightning rods. Duty as to receipts. LiYe stock dealers; certain cities and towns. Loan agent~. Pro,iso as to applieution of Act. Paragraph 68. Lightning Rods. Upon each person, firm or corporation who may contract for or engage in the business of fitting up or erecting lightning rods in this State, the sum of $50.00 for each county in which he may contract for, or erect, or put in place any lightning rod, or rods, upon any structure or building therein, and it shall be the duty of the tax collector to whom the tax is paid to issue the person paying such tax a license receipt, showing such payment. Paragraph 69. Live Stock Dealers. Upon each person, firm or corporation dealing in live stock, having a fixed place of business in or near cities of more than 50,000 inhabitants, $25.00; in or near cities of from 10,000 to 50,000 inhabitants, $15.00; in or near cities or towns of less than 10,000 inhabitants, $10.00. Paragraph 70. Loan Agents. Upon each person, firm or corporation negotiating loans and charging therefor any fee, commission or salary, in each county in which he or they may carry on such business, the sum of $25.00. Provided, This tax shall not be required of attorneys-at-law who have paid the professional tax imposed by Paragraph 3 of this section, and who shall engage in negotiating loans on collateral other than wages, time or salary. Provided further, That this tax shall not be required of any person, firm or corporation in any county in which its correspondents, agents, or other local representative has paid said -tax, or otherwise complied with or conformed to this section. PART I.-PUBLIC LAWS. 43 General Tax Act. (b) Should such person, firm or corporation engage in Additimw.l tax. making or negotiating loans upon wages or time, or the purchasing of salaries, the sum of $100.00. Le~islative Paragraph 71. Legislative Agents. Upon each person a:;ents. registered under the Act of the General Assembly approved August 11, 1911 (See Acts 1911, Page 151), the sum of $100.00. Paragraph 72. Laundries. Upon each person, firm or Laundries. corporation operating a laundry or dyeing establishment, $100.00 if employing ten or more persons; $50.00, if employing five and not more than ten persons; $25.00 if not employing more than five persons. Paragraph 73. Machines (Store Cash Registers). Upon Cash registers. each manufacturer or wholesale dealer in, ot agent for the sale of any cash or account register, $100.00 for each place of business in this State. Paragraph 74. Machines ("Weighing or Calculating). Scales, etc. Upon each manufacturer or wholesale or retail dealer in, or agent for the manufacturer of any weighing scale, or scales, for calculating weight or prices of comniodities, $25.00 for each place of business in this State. Paragraph 75. Machines (Adding Machines). Upon Adding machines. every manufacturer of, or wholesale or retail dealer in, or agent for the sale of any adding or calculating machine retailing for more than ten dollars, $100.00 for each place of business in this State. Paragraph 76. Machines (Typewriters). Upon every Typewriters. manufacturer of, or wholesale or retail dealer in, or agent for the sale of any typewriter or typewriting machine, $100.00 for e::tch place of business in this State. Paragraph 77. Machines (Slot). Upon every machine, Slot machines punchboard or other device, operated, used or kept in this State 'vherein is kept any article to be purchased by de- For sale of merchandise. positing therein or paid therefor any coin or thing of 44 PART I.-PUBLIC LAWS. General Tax Act. value, and for which may be had any article of merchandise whatsoever, where there is no chance incurred by reason thereof and where the deposit of coin or other thing of value does not exceed one cent per operation, $2.00 for each machine, punchboard or other device for each county where kept, set up, used or operated. Picture. music, (b) Upon each slot machine wherein may be seen any weighing. etc. picture or music may be heard by depositing in said ma- chine any coin or thing of value, and each weighing ma- chine or scale, and every machine making stencils by the use of contrivances operated by slot wherein coin or other thing of value is to be deposited or used, the deposit of coin or other thing of value not exceeding one cent per operation, $1.00 for each county where kept, set up, used Charging more than one cent. or operated. On all other machines described in this para- graph, charging more than one cent per operation, $5.00 for each county where kept, set up, used or operated. Pro- Proviso as to vided, That not more than $100.00 shall be required of any limit. one person in any one county under this paragraph. Pro- One tax per vided, further, That no machine described in this para- machine. graph shall be subject to more than one tax. Bicycle dealers. Paragraph 78. Bicycle Dealers. Upon every bicycle dealer selling or dealing in bicycles, either at wholesale or retail, for themselves, or upon commission, or consignments, $10.00 for the fiscal year or part thereof. Dealers selling bicycles at more than one place shall pay license for each place of business. All unsold bicycles belonging to dealers shall be liable to seizure and sale for payment of such tax. Motorcycle dealers. Paragraph 79. Motorcycle Dealers. Upon every person, firm or corporation selling or dealing in motorcycles or motor attachments for bicycles, whether in connection with the business of selling bicycles or automobiles or otherwise, $25.00 for each place of business. Machinery and Paragraph 80. Machinery and Equipments. Upon every equipment; manufacturers. manufacturer of reaping, mowing, binding, or threshing PART I.-PUBLIC LAWS. 45 General Tax Act. machines, gas, electrical or oil engines, agricultural ma- chinery propelled by gas, and road building machinery propelled by gas or oil, culverts, road machines and road graders, selling or dealing in such machinery by itself or Wholesa1E' and its agents in this State, and all wholesale and retail dealers retail dealers. in the above mentioned machinery, selling such machinery manufactured by companies that have not paid the tax thereon named, shall pay $100.00 annually to the Comp- troller-General at the time of commencement of business, same to be known as a license fee for the privilege of doing business in this State. All companies and others paying this license fee shall, at the time of payment, furnish the Comptroller-General with a list of all agents authorized to sell the aforesaid machinery of their manufacture, or under their control, and shall pay to said Comptroller-Gen- eral the sum of $10.00 for each of said agents for the fiscal Tax for each agent. year or fractional part thereof for each county in which the said agents may do business; upon the payment of $10.00 the Comptroller-General shall issue to each of said agents Certificate of a certificate of authority to transact business in this State. authority for Comptroller- Before commencing business in this State all such agents General. shall be required to register their names with the ordinaries of those counties in which they intend to do business, and shall exhibit to said ordinaries their license from the Comp- troller-General; wholesale and retail dealers in the above Wholesale and retail dealers mentioned machinery shall be required to pay tax pro- must pay tax if manufac- vided herein for manufacturers of the above machines sold turer does not. by them unless said manufacturers have paid the tax re- quired by this Act. All unsold machinery belonging to Unsold goods manufacturers, dealers, or other agents, or in their posses- seized for nonpayment. sion or the possession of others, shall be liable to seizure and sale for the payment of such fees, license or tax. None of the provisions of this paragraph shall apply to licensed Persons to whom these auctioneers selling second-hand machinery, or to officers of provisions do not apply, the law under legal process, or to merchants buying or sell- ing said machinery on which a license tax has been paid as herein provided, and who keep the same and sell and 46 PART I.-PUBLIC LAWS. General Tax Act. Penalty for Yiolation. deliver them f:rom their place of business. Any person who shall violate the provisions of this paragraph shall be liable to prosecution for a misdemeanor and on conviction shall be punished as prescribed in Section 1065, Volume 2 of the Code of 1910. Merry.go rounds; certain Paragraph 81. Merry-Go-Rounds. Upon the owner, cities and towns. manager, keeper or lessee of any merry-go-round or flying horses, or flying swings, or human roulettes, or scenic de- vices run by machinery, or of any elevated railway or scenic railway, or similar contrivance kept for gain, either directly or indirectly, for each place of business in this State, and for each place where operated, in or near cities over 50,000 inhabitants, $50.00; in or near cities between 10,000 and 50,000, $30.00; in or near cities between 5,000 and 10,000, $20.00; and in or near cities or towns less than 5,000 inhabitants, $10.00. Motion picture Paragraph 82. Motion Picture Supply House. Upon all supply hOUSl~S. motion picture supply houses, or film distributing agencies, $100.00 for each place of business. Musical insttu- Paragraph 83. Musical Instruments, Graphophones, Or- rne-n ts; CPrtain citips and gans, Phonographs, Pianos and Victrolas. Upon each per- towns. son, firm or corporation engaged in the business of selling or renting, as agents or dealers, any of the above or similar instruments, in or near cities of more than 50,000 inhabi- tants, $100.00; in or near cities of from 25,000 to 50,000 in- habitants, $50.00; in or near cities of from 10,000 to 25,000, $25.00; in or near cities or towns of less than 10,000, $10.00 for each place of business. News dPal<:'rs. Paragraph 84. News Dealers. Upon each person, firm or corporation carrying on the business of selling books, magazines, papers, fruits, confections or other articles of merchandise on the railroad trains in this State, $500.00. No No additional county or municipality shall have authority to levy any tax. additional tax for the privilege of carrying on said busi- ness. PART I.-PUBLIC LAWS. 47 neneral Tax Act. Paragraph 85. Packing House. Upon every individual Packing houses: cer- agent or :firm of agents of any packing house, and upon any tain countieF1. and every individual agent or firm of agents of any person, :firm or corporation dealing in any packing house products or goods, doing business in this State, for each place of business in each county having a city situated therein with a population of 30,000 or more, $300.00; for each place of business in each county with a population of from 15,000 to 30,000, $150.00; for each place of business in each county with a population of from 5,000 to 15,000, $50.00; for each place of business in each county with a population of less than 5,000, $25.00. Paragraph 86. Pmvn Brokers. Upon each person, firm Pawn brokers. or corporation carrying on the business of pawn brokers, for each place of business in this State, $200.00. If any Also liable to pawn broker shall sell, or offer for sale, or expose in his tax as dealer. place of business any pistol, pistol or rifle cartridges, dirk, bowie knife or metal knucks, whether sold as unredeemed pledges, or otherwise, he shall also be held subject to and required to pay the license tax required of the dealers in such articles by Paragraph 92 of this section of this Act. Paragraph 87. Photographers. Upon every daguerrean, Photographers. ambrotype, photographic and similar artists carrying on the business of making pictures, securing negatives for pictures to be made elsewhere than in the county of his bona :fide residence, $10.00. Paragraph 88. Peddlers. Upon every peddler or travel- Perldl(>rs or travelling ling vendor of any patent or proprietary medicine or reme- vendors, medicine>s, jewelry. dies, or appliances of any kind or special nostrum, or stationery, soap, etc. jewelry, or stationery, or drugs, or soap, or of any other kind of merchandise or commodity whatsoever (whether herein enumerated or not), peddling or selling any such goods or articles, or other merchandise in each county where the same or any of them are peddled, sold or offered for sale, $50.00. 48 PART I.-PUBLIC J..AWS. General Tax Act. Stoves, ranges, clocks, etc. (b) Upon every peddler of stoves or ranges for cooking purposes, or clocks, or albums, or picture frames, for each county wherein he may sell or offer for sale either of said articles, $25.00. Patented (c) Upon any travelling vendor of any patent churn, or churns, fences, agricultural patented fence, or patented agricultural implements, or implements, etc. tools, or "Other patented articles, $25.00 for each county in which he may sell or offer to sell either of the enumerated articles. Use of boats, barges, etc. (d) Upon every travelling vendor using boats, barges, or other water craft for the purpose of selling goods of any kind, not prohibited by law, on the rivers or waters within the limits of this State, for each county where he may sell I~ien on equip- such wares, goods or merchandise, $50.00. The tax shall be ment and stock. a lien upon the boat, barge or other water craft, and its contents, without regard to the ownership thereof. Pictures and picture frames. Paragraph 89. Pictures or Picture Frames. Upon every person, firm or corporation who, in person or through its agent, sells and delivers photographs or pictures of any character, or picture frames, whether they make charge for such frames or not, $15.00 in each county in which this busi- Proviso as to ness is done. Provided, This shall not apply to regular certain mer- chants. merchants dealing in such goods at their usual place of business. Monument dealers. Paragraph 90. Monument Dealers. Upon each firm or corporation selling monuments or tombstones, $25.00 in each county in which they shall have a place of business. Moving pictures Paragraph 91. Moving Pictures and Vaudeville Perform- and vaudevillC' performances; ances. Upon each and every electric show or exhibition of certain towns and cities. moving pictures, or illustrated songs, except where given for educational purposes, and upon each place where vaude- ville performances are given, whether with or without elec- tric show or moving pictures, for each place of business in or near towns of less than 2,000 inhabitants, $2.00 per month; in or near cities from 2,000 to 5,000 inhabitants, PART I.-PUBLIC LAWS. 49 G'eneral Tax Act. $2.00 per month; in or near cities from 5,000 to 10,000 inhabitants, $7.00 per month; in or near cities from 10,000 to 25,000 inhabitants, $10.00 per month; in or near cities from 25,000 to 50,000 inhabitants, $12.50 per month; and in cities of 50,000 or more inhabitants, $25.00 per month, except in suburbs of cities of more than 50,000, where such tax shall be $12.50 per month. Paragraph 92. Pistols. Upon each and every dealer in Pistols, cartridges, dirks, pistols or in toy pistols which shoot cartridges, or who etc.; certain cities and deal in pistol cartridges, or rifle cartridges, dirks, bowie towns. knives or metal knucks, for each place of business in this State in or near towns or cities of 10,000 or less inhabitants, $50.00; in or near cities of over 10,000, $100.00. Provided, Proviso as to further, That no Confederate veteran, indigent person or non-exemption. any firm or corporation shall be exempt from this tax. Paragraph 93. Safes and Vaults. Upon all agents or Sates and vaults. agencies selling safes or vaults, or vault doors or other vault fixtures, $100.00 for each place of business. Paragraph 94. Sanatoriums. Upon hospitals and sana- Sanatoriums: certain cities toriums, or institutions of like character, whether incor- or towns. porated or not, conducted for gain in or near cities of more than 20,000 population, $100.00. In or near cities or towns of less than 20,000, $25.00. Provided, The above tax shall Proviso as to not apply to public hospitals maintained by municipal cor- charitable institutions. porations for charitable purposes only. Paragraph 95. Soda Fountains. Upon each person, firm Soda fountains. or corporation running or operating soda fountains in this State, having one draught arm or similar device used in drawing carbonated water, $5.00; and for each additional arm or device, $5.00. Paragraph 96. Soft Drink Syrups. Upon all persons Soft drink syrups. and companies carrying on, in this State, the business of manufacturing or selling, by wholesale or retail, or distrib- uting from any depot, car or warehouse or agency, any carbonated waters or syrups or other articles to be used 50 PART I.-PUBLIC LAWS. General Tax Act. in carbonated water, or intended to be fixed with or blended with carbonated water to be sold as soft drinks (not in- Imitation~ of cluding imitations of beer, wine, whiskey or other intoxi- lwer, wiiH', f"tf'., not ineluded. cating liquors), as an occupation tax for the privilege of Amount of tax. carrying on said business, an amount payable at the end of each quarter, an amount equal to one-half one per cent (l;25"a) of the gross receipts from said business for Qnarterly re- said quarter in this State. Within three days from the turns to he mane under end of each quarter of the calender year each person or oath. company engaged in said kind of business shall make re- turns under oath to the Comptroller-General of this State, showing the amount of said gross receipts with a detailed statement of the parties from whom said receipts are ni- ceived. Rrtnrns to lw In case a corporation, the return shall be made under made by whom. oath by the president, if a resident of this State, and if the president is not such resident, by the officer or person in charge of the business of said corporation in this State. Penalty for Upon failure of any person required by this paragraph to failurE" to make returns. make such returns within ten days after the expiration of such quarter, he shall he guilty of a misdemeanor, and shall be liable to prosecution and be punished as now provided in cases of misdemeanor. Upon the making of such re- turns, the person or company liable to said tax shall pay the same to the Comptroller-General, and upon failure to Issue of exP- pay the same, the Comptroller-General shall issue an exe- cntion on failure to pay tax. cution for said tax against the property of the person or company liable to said tax. If no returns be made or if the Comptroller-General believes said returns are false, A~~essment by the Comptroller-General shall ascertain the amount of said ComptrollerGeneral. gross receipts from the best information in his power and assess the tax accordingly, after giving the company or per- son liable to said tax at least five days' notice of the time of assessing said tax, and issue his execution accordingly against the person or corporation carrying on said busi- PPnnlty for failure to tiDY tax. ness. Any person, company or agent carrying on any kind of business specified in this paragraph, after failure to PART I.-PUBLIC LAWS. 51 General Tax Act. pay the tax herein levied for any preceding quarter during which he or it was liable to tax, shall be guilty of a misdemeanor. It is hereby enacted that all of said taxes re- it!~. 1!}1::,asury. ceived or collected under this paragraph shall be paid into the State Treasury. It is also enacted that any person or COmpany paying the taX herein levied Shall be relieved Of Relief of other occupation tax any and all occupation tax or license fees to the State or ucense tees. under existing laws on or for the kind of business specified in this paragraph. Provided, hmvever, that said tax shall ~~00'"1:g.f18 ~~Y be collected upon said syrup or carbonated water only once, ~r~vY~~~~~-these and shall be paid by the wholesale dealer in said syrup if sold within the confines of this State by such whol<>sale dealer; and if said syrup or carbonated water shall be purchased by the retail dealer without the limits of this State and shall be shipped to a point within the limits of this State, the same shall be taxed in the hands of such retail dealer, and for the purposes of this tax the price paid for such syrup or carbonated water shall determine the receipts for the same. Paragraph 97. Hotels. Upon every person, firm or cor- Hotels: certain counties. poration operating a hotel in countie.s of over 30,000 in- habitants, a tax of $1.00 for each sleeping room per annum, and in counties of less than 30,000 inhabitants, 50 cents per annum for each sleeping room. Paragraph 98. Cafes and Restaurants. Upon every per- Cafes and restaurants. son, firm or corporation, except hotels, operating any cafe, restaurant or lunch room with five or more tables, $10.00; ten or more tables, $25.00; twenty-five tables or more, $50.00; fifty tables or more, $100.00. Provided, however, That four seats or stools shall be Pro,iso defin~ ing "table." construed to constitute a table. On all persons engaged in operating wiener stands, in \Viener stands; certain cities towns or cities of a population of 20,000 or less, $5.00 for and towns. each such place of business; in cities of more than 20,000 population, $10.00 for each such place of business. 52 PART I.-PUBLIC LAWS. General Tax Act. Street carnivals. Proviso as to connections with agricultural fairs. Paragraph 99. Street Carnival. Upon every midway combination of small shows, or street fair or street carnival, the sum of $25.00 each week or fractional part thereof, for each separate tent, enclosure or place where an admission fee is charged or collected, either directly or indirectly, to witness or hear any performance, or where anything may be exhibited for admission or ticket; and upon every merrygo-round or flying horse, accompanying any midway combination, street fair or street carnival, in each city or tow11 in this state in which it does business, or in each county where they may operate outside of the limits of any city or town in this State, $25.00. Provided, That should the said midway combination, or any of them specified above, be held in connection with county, district, or state agricultural fairs of this State and under the direction of, and within the grounds at the time of holding said fairs, the whole amount of said tax for said attraction when so held shall be $25.00 per week or a fractional part thereof. Tank aml pumping systems. Pa-ragraph 100. Tank and Pumping Systems. Upon each person, firm or corporation selling or dealing in tanks and pumps, or tanks or pumps for oil, gasoline or kerosene, or other like fluids, $50.00 for each place of business. Trading stamp~. Paragraph 101. Trading Stamps. Upon all trading stamp companies, or dealers in trading stamps, $50.00 for each place of business. SteamsbiD companies. Paragraph 102. Steamship Companies. Upon all steamship and steamboat companies located m this State, $100.00. undertaking; certain cities and towns. Paragraph 103. Undertaking. Upon each person, firm or corporation whose business is that of burying the dead and charging for same, commonly known as undertakers, in or near cities of more than 50,000 inhabitants, $200.00; in or near cities from 10,000 to 50,000 inhabitants, $100.00; in or near cities from 5,000 to 10,000 inhabitants, $50.00; in or near cities or towns of from 2,500 to 5,000 inhabitants. PART I.-PUBLIC LAWS. 53 General Tax Act. $20.00; in or near towns of less than 2,500 inhabitants, $10.00 for each place of business. Paragraph 104. Warehouses, Cotton. Upon each per- ~;~~~~uses. son, firm or corporation operating a warehouse or yard for the storage and handling of cotton for compensation license tax is as follows: Where not less than 500 or more than 5,000 bales are handled in one year, $10.00; where not less than 5,000 nor more than 10,000 bales are handled in . one year, $25.00; where not less than 10,000 nor more than 20,000 bales are handled in one year, $50.00; where not less than 20,000 bales, nor more than 30,000 bales are handled in one year $100.00; where more than 30,000 bales are handled in one year, $200.00. P aragraph 105. W arehOUSes, Mereh andl.Se, e.t C. U Merchandise pon warehouses. each person, firm or corporation operating a warehouse or yard for storage of goods, wares or merchandise and farm Products other than cotton and charob-..l. ng for the same, Proviso as to $25.00. Provided, That any warehouse that pays taxes as ~~ii.:'~i~ar~~ provided by Paragraph 104 of this section shall not be sub- houses, etc. ject to tax required by this paragraph. Paragraph 106. Waterworks. Upon each person, firm waterworks. or corporation dealing in, as manufacturers of or agents for, any waterworks system, whether the power operating same is derived from a wind mill, hydraulic, gas, or similar engine or electrical apparatus, the sum of $100.00 in each county wherein such business is carried on. Paragraph 107. Dealers in Fish. Upon each person, Dealers in fish, etc. firm or corporation engaged in the business of packing or shipping oysters, shrimp or fish, $50.00 for each county. Paragraph 108. Patent Rights. Upon each person, firm Patent rights. or corporation selling patent rights in Georgia, the sum of $50.00 for each county in which said business is carried on. Commercial Paragraph 109. Commercial Reporting Agencies. Upon reporting agents. 54 PART I.-PGBLIC LAWS. General Tax Act. each person, firm or corporation engaged in the business of a commercial reporting agency, in each county in the State where they have an office or branch office, $125.00. Stevedores. Paragraph 110. Stevedores. Upon each person, firm or corporation engaged in the business of a stevedore, the sum of $100.00 for each place of business. ~alary and wage buyers. Paragraph 111. Salary and Wage Buyers. Upon each person, firm or corporation or partnership buying salary or wage accounts and all negotiable papers, $100.00 for each office and place of business maintained. Carbonic acid Paragraph 112. Carbonic Acid Gas. Each person, firm gas. or corporation engaged in the business of manufacturing or vending soft drinks made of or containing carbonic acid gas or any substitute therefor shall pay as a privilege Amount of tax. license to carry on such business 4 cents on each pound of carbonic acid gas, or any substitute therefor so used. Pro- Proviso ns to vided, that bottled drinks on which this license shall have resale in origi- nal packages. been paid may be resold in original packages without the payment of any further license under this schedule. Each person, firm or corporation engaged in such business shall Keeping of keep accurate books and invoices showing the quantity of books, invoices, etc. carbonic acid gas or any substitute therefor used in such business, and such other information relating to the busi- ness as may be required by the Comptroller General to enable the state tax officials to check up the returns herein Quarterly re- required. At the end of each calendar quarterly period port~ verified by affidavit. every person, firm or corporation engaged in such business shall make a report to the Comptroller General on blanks to be furnished by the Comptroller General, showing the amount of carbonic acid gas or other substitute therefor, consumed during the preceding quarter, and such other in- formation as the Comptroller General may require, verified Remittance to by affidavit, and shall with such report remit the license State Treasury. herein provided for each pound of carbonic acid gas or other substitute therefor consumed, as shown by the report, and such remittance shall be paid into the State treasury. PART I.-PUBLIC LAWS. 55 General Tax Act. If such report and remittance is not made within fifteen days after the end of the calendar quarter, there shall be ~e.r.,~~~/3~fay added to the sum due for such license for the preceding tn payment. quarter, ten per cent additional license. The tax officials of the State shall have authority to examine the books and Verification of reports, etc. papers of any one engaged in such business for the purpose of ascertaining the correctness of all reports and remit- tances. Any person wilfully failing or refusing to make the Penalty for failure to make reports and remittances herein required shall be guilty of report and remittance and a misdemeanor, and any person wilfully making a false affi- making false affidaYit. davit as to any report herein required shall be guilty of perJury. Paragraph 113. Toll Bridges and Ferries. Upon all Toll bridges and ferries. persons or corporations operating ferries, $15.00. Upon all persons or corporations operating toll bridges, $100.00, said tax to be paid to the collector of the county in which the owner lives or is domiciled. Provided, That this tax Provito;o as to certain ex- shall not be required of any ferry or toll bridge, the receipts emptions. from which do not amount to more than $500.00 per annum. Paragraph 114. Beauty Parlors, etc. Upon each beauty Beauty parlors, etc. parlor or shop, or manicure shop, $10.00 for each place of business. Provided, That this tax shall not apply to mani- Proviso excepting, cure shops, operated in connection with barber shops. Paragraph 115. Swimming Pools. Upon each and every Swimming pools and bath- person, firm or corporation operating a swimming pool ing resorts, etc.; certain where admission fees are charged, or upon persons, firms counties. or corporations keeping and renting bathing suits for hire, $20.00 in counties of over 50,000 population, and $10.00 in counties of under 50,000 population; upon persons, firms or corporations conducting or operating a bathing resort in or near the ocean and ocean and gulf front of this State for hire, the sum of $200.00 in each county where such bathing resort is located. Sec. 3. Dogs. All dogs are hereby made personal prop- Dogs. erty and shall be given in and taxed as other property of this State is given in and taxed, such tax to be enforced Tax as person~ al property. 56 PART I.-PUBLIC LAWS. General Tax Act. Non-interference with municipal taxes. by levy and sales as other taxes are collected and not to interfere with the imposition and collection of any municipal taxes on dogs, whether such dog or dogs be owned by the tax payer, his wife or minor children. Sewing machines. manu- Sec. 4. Sewing Machines. Upon every sewing machine facturers. company selling or dealing in sewing machines by itself or its agents in this State, and all wholesale and retail dealers Wholesale and in sewing machines, selling machines manufactured by com- retail dealers. panies that have not paid the tax herein, $400.00 for each fiscal year or fraction thereof, to be paid to the Comptroller- General at the time of commencement of business, and said companies or dealers shall furnish the Comptroller-General with a list of agents authorized to sell machines of their manufacture or under their control, and shall pay to said Tax for each Comptroller-General the sum of $10.00 for each of said agent. agents for the fiscal year or fractional part thereof, for each county in which said agents do business for said com- pany. Upon the payment of said additional sum the Comp- troller-General shall issue to each of said agents a certifi- Certificate of cate of authority to transact business in this State. Be- authority for ComptrollerGeneral. fore doing business under this Act, all sewing machine agents shall be required to register their names with the ordinaries of those counties in which they intend to oper- ate and exhibit to said ordinaries their license from the Wholesale and retail dealers must pay if manufacturer does not. Comptroller-General, and to keep such license posted on their vehicles, or at their place of business. Wholesale and retail dealers in sewing machines shall be required to pay the tax provided herein for each manufacturer of sewing machines sold by them, except where the tax required by Unsold goods seized for non- this Act has been paid by said manufacturer. All unsold payment. sewing machines belonging to sewing machine companies, dealers, or their agents, in possession of said companies, dealers, their agents or others, shall be liable to seizure Penalty for and sale for payment of such fees, license or tax. Any violation. person who shall violate the provisions of this section shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in Section 1065, Volume 2, of the PART I.-PUBLIC LAWS. 57 General Tax Act. Code of 1910. None of the provisions of this section shall Persons to whom these apply to licensed auctioneers selling second-hand sewing provisions do not apply. machines, or to officers of the law under legal process, or to merchants buying and selling machines on which a license tax has been paid as herein provided, and who keep the machines and sell and deliver them at their places of busi- ness, such sales not being on commission. Provided, That Proviso as to agents. if said merchant shall employ an agent or agents to deliver or sell the machines, the provisions of this Act shall apply to said agent or agents. Sec. 5. Taxes, How Returned. Be it further enacted by Tax returns; general rules the authority aforesaid, That the tax provided for in Sec- governing. tion 4 requires return made to the Comptroller-General in accordance with the law of Georgia. The tax required by Paragraphs 3 and 4 of Section 2 of this Act, shall be re- turned to the receiver of tax returns in the county of the residence of the person liable to such tax and shall be en- tered by the receiver upon the digest of taxable property. In the case of the tax imposed upon Foreign Corporations by Paragraph 49 of Section 2, and the tax imposed by Para- graph 80 upon manufacturers of machinery and imple- ments; upon soft drink syrups by Paragraph 96, and upon carbonic acid gas by Paragraph 112, the return is required to be made, and the tax paid to the Comptroller-General. The tax imposed upon legislative agents by Paragraph 71 of Section 2 shall be paid to the Secretary of State when each person registers, and he shall not be allowed to regis- ter until such tax is paid. All other taxes enumerated and set forth in Section 2 of this Act shall be returned and paid to the tax collector of the county where such vocations are carried on. Sec. 6. Taxes, How Paid. Be it further enacted by the Tax payments; how and authority aforesaid, That the taxes provided for in this when made. Act shall be paid in full for the fiscal year for which they are levied, and except where otherwise provided, said taxes shall be paid to the tax collectors of the counties where such 58 PART I.-PUBLIC LAWS. General Tax Act. Pennlty for nontJayment. Dispo~ition of fine. Proviso as to certain coun ties. vocations are carried on, at the time of commencing to do business. Before any person shall be authorized to open up or carry on said business, they shall go before the ordinary of the county in which they propose to do business and register their names, the business they propose to engage in, the place where it is to be conducted; and they shall then proceed to pay the tax to the collector, and it shall be the duty of the said ordinary to immediately notify the tax collector of such registration, and at the end of each quarter to furnish the Comptroller-General with a report of such special tax registration in his office. Any person failing to register with the ordinary or, having registered, failing to pay the special tax as herein required, shall be guilty of a misdemeanor, and on conviction shall be fined not less than double the tax, or be imprisoned, as prescribed by Section 1065 of Volume 2 of the Code of 1910, or both, in the discretion of the court; one-half of said fine shall be applied to the payment of the tax and the other to the fund of fines and forfeitures for the use of the officers of the court. Provided, however, That in all counties of this State where the officers of the superior court, or city court, are now or may hereafter be upon the salary basis, the other half of the fine shall be paid into the treasury of such counties and shall become the property of such counties. Insurance com- Sec. 7. Insurance Companies. (1) Be it further en- panit>s; foreign and domestic. acted by the authority aforesaid, That all foreign and domestic insurance companies doing business in this State shall pay one and one-half (1:1f27o) per cent upon gross premiums received by them in this State for the year, >vith no deduction for dividends, whether returned in cash or allowed in payment or reduction of premiums, or for additional insurance; nor shall any deduction be allowed for premium abatements of any kind or character, or for reinsurance, except companies doing business in Georgia, or for cash surrender values paid, or for losses, or expenses of any kind, said tax being imposed upon gross premiums without any deductions whatever except for premiums re- PART I.-PUBLIC LAWS. 59 G-eneral Tax Act. turned on change of rate and cancelled policies and on reinsurance as above provided. Providecl, That local or- ~:~t~r:: f~c!? gan1' zat'Ions known as F armers ' Mut ua1 I nsurance 0 om- o~rngdanmizuattuiaolnsfire panies, operating in not more than four counties, shall not ~~~~~~~ce corn- be subject to this tax. Provided, further, That mutual fire insurance companies chartered by this State which require their members to make premium deposits to provide for losses and expenses, and which premium deposits are used wholly for the payment of losses and expenses and returned to the policyholders or held to pay losses and expenses and as reinsurance reserves, shall not be subject to this tax. (2) Every insurance company incorporated under the RPturn of real estate and laws of this State and doing business on the legal reserve personal property. plan, shall be required to return for taxation all of its real estate as other real estate is returned, and all of the per- sonal property owned by it shall be ascertained in the fol- lowing manner: From the total value of the assets held How value of personal protl- erty found. by the company, both real and personal, shall be deducted the assessed value of all real estate owned by the company in this State, the non-taxable funds deposited by the com- pany with the State Treasurer, and the amount of the re- serve or net value of the policies required by law to be held by the company for its policyholders, and which be- long to such policyholders; the remainder shall be the value of the personal property owned by and taxable against such companies. (3) That "\vhenever any insurance company doing busi- \Vhen pr('mium tax abated. ness in this State shall make it appear by proof to the Insurance Commissioners that one-fourth of the total assets are invested in any or all of the following securities or property, to wit: Bonds of this State, or of any county or municipality of this State, property situate.d in this State and taxable therein, loans secured by liens on real estate situated in this State, or policy loans by insurance policies issued by such company on lives of persons resident of this State, then the premium tax levied by the first paragraph 1)0 PART I.-PUBLIC LAWS. General Tax Act. of this section shall be abated or reduced to one per centum upon the gross receipts of such company, and if the amounts so invested by any such company shall be as much as threefourths of the total assets of such company, then said premium tax shall be abated or reduced to one-fourth of one per centum upon such gross receipts of such company. Manufacturing companies. Sec. 8. Manufacturing Companies. Be it further enacted by the authority aforesaid, That the president, superintend- ent or agents of all manufacturing and other companies, Companies excepted. whether incorporated or not (other than railroad, telegraph, telephone, express, sleeping and palace car companies, and such other companies as are required to make return of the value of their franchise to the Comptroller-General under the provisions of the Act approved December 17th, 1902, entitled an Act to provide for and require the payment of taxes on franchises, and to provide the method for the re- turn and payment of said taxes), and all persons and com- panies conducting business enterprises of every nature Real estate tax return. whatsoever, shall return for taxation at its true market value all of their real estate to the tax receiver of the county wherein said real estate is located. Provided, That Provh;;o as to if the real estate upon which said manufacturing or other location of real estate. business enterprise of whatsoever nature is carried on, lies on or across the county line, or county lines, and in two or more counties, said real estate shall be returned to the tax receiver of the county wherein are located the main buildings containing the machinery, or most of the main buildings. Provided, further, That all persons, com- panies and corporations not excepted above, conducting any business enterprise upon realty not taxable in the county in which such persons reside or the office of the company or corporation is located, shall return for taxation their All personal property to be stock of merchandise, raw materials, machinery, live stock, returned tor taxation. and all other personalty employed in the operation of such business enterprises, together with the manufactured goods and all other property of such business enterprises and notes and accounts made and the money used in the prose- PARr:l' I.-PUBLIC LAWS. 61 ----~--- General Tax Act. -~------------ cution of such business enterprises on hand at the time for the estimation of property for taxati<;m, including all personalty of whatsoever kind connected with or used in such enterprises in any manner whatsoever, in the county in which is taxable the realty wherein such business enter- prises are located or carried on. Provided, further, That the agent in this State of any person, firm or corporation Agent of non resident mn~t resident without this State who shall have on hand and make return. for sale, storage or otherwise as such agents, merchandise or other property, including money, notes, accounts, bonds, stocks, etc., shall return the same for taxation to the tax receiver of the county wherein the same may be taxed for State and county purposes as other property in this State is taxed. The word "merchandise" shall be held to in- ''Merchandise'' defined. clude guano, commercial fertilizer, save and except that all canal and slack-water navigation companies shall make Returns of canal and through their respective executive officers or stockholders snlaavcikgawtiaotner in possession of the same, returns to the tax receiver of, companies. each county in which the same is located, or through which the same shall pass, in whole or in part of the right-of-way, locks and dams, toll houses, structures, and all other real estate owned by or used by the company or stockholders thereof. Provided, That this Act shall not make subject l'roYi~o ns to certain exe-mp to taxation any property of canal or navigation companies tions. which is not subject to taxation by the laws of this State now existing. The president of every manufacturing com- Who shall pany in this State, and agent, general manager or person answer tbe following questions. in possession or charge of the business and property in this State of any non-resident person, firm or corporation, shall be required to answer under oath in addition to those pro- vided by law, the following questions: 1. What is the true market value of the real estate of llarket value of real estate the company you represent, including the buildings thereon 1 including ings. build 2. What is the true market value of your machinery :\Iarket value of machinery. of every kind? 6:2 PART I.-PeBLIC L.nvR. General Tax Act. :\IarkPt ntlneof rf'al Ptittl tf not m.;f'll. :\Iarket value of raw ma~ tf'rial:-;, 3. What is the true market value of the real estate not used in the conduct of the business of your company? 4. What is the true market value of raw materials on hand on the day fL'{ed for return of property for taxation? ~Iarke-t value or mauufac-tnrNl goods. Amount of money on hnml. 5. \Vhat is the true market value of manufactured goods or articles on hand on the day for the return of property for taxation, whether at your principal office or in the hands of agents, commission merchants or others? 6. How much money did your company have on hand the clay fixed for the return of property for taxation, whether within or without the State? How much deposited in bank? :\Iarkct Yalue of notes, horHll'i, etc. Anti-pnJ}tl"rty tax; C'omptroller-GenPral'R nntltftrity. 7. State separately the true market value .of the notes, bonds, and other obligations for money or property of every kind on hand on the day fixed for the return of property for taxation. And such company shall be taxed upon its entire property, so ascertained, and the ComptrollerGeneral is authorized to frame and have propounded any other questions which in his judgment will produce a fuller return. Uuilro:.llls, ex- Sec. 9. Railroads, Return to \Vhoni Made. Be it further llress t'Ollipanies, etc.; enacted by the authority aforesaid, That all railroad com- required to make return of panies, street and suburban railroads or sleeping car com- all property to Comptroller- panies or persons or companies operating railroads or (itnPral. street railroads, or suburban railroads or sleeping cars in this State, all express companies, including railroad com- panies doing an express, telephone or telegraph business, and all telephone and telegraph companies, person, or per- sons, doing an express, telephone or telegraph business; all gas, water, electric light or power, steam, heat, refrig- erated air, dockage or cranag(', canal toll road, toll bridges, railroads, equipment and navigation companies, through their president, general manager, or agent haYing control of the company's offices in this State, shall be required to make returns of all property of said company located in this State to the Comptroller-General, and the laws now in PART I.-PUBLIC LAWS. 63 G-eneral Tax Act. force providing for the taxation of railroads in this State, shall be applicable to the assessments of taxes from said business as above stated. 2. Sleeping Car Companies. That each non-resident Sleeping car companies. person or company whose sleeping cars are run in this State shall be taxed as follows : Ascertain the whole num- How assessment is made. ber of miles of railroads over which sleeping cars are run and ascertain the entire value of all sleeping cars of such person or company, then tax such sleeping cars at the regu- lar tax rate imposed upon the property in this State in the same proportion to the entire value of such sleeping cars that the length of lines in this State over which such cars are run bear to the length of lines of all railroads over which such sleeping cars are run. The returns shall be Who makes returns. made to the Comptroller-General by the president, general agent, agent or person in control of such cars in this State. The Comptroller-General shall frame such questions as will Authority of elicit the information sought, and answers thereto shall be ComptrollerGeneral to made under oath. If the officers above referred to in con- question under oath, and as- sess a double trol of said sleeping cars shall fail or refuse to answer, tax in case of refusal to under oath, the questions propounded, the Comptroller-Gen- answer. eral shall obtain the information from such sources as he may, and he shall assess a double tax on such sleeping cars. If the taxes herein provided for are not paid, the Comp- troller-General shall issue executions against the owners of Execution to issue on failure such cars which may be levied by the sheriffs of any county to pay. in this State upon the sleeping car or cars of the owners, who have failed to pay the taxes. 3. Equipment Companies. Any person or persons, co- ''Equipment companies" partnerships, company or corporations, wherever organ- defined. ized or incorporated, owning or leasing or furnishing or operating any kind of railroad cars except dining, buffet, Exceptions. chair, parlor, palace, or sleeping cars, which cars are oper- ated, or leased or hired to be operated, on any railroad in this State, shall be deemed an equipment company. 64 PART I.-PUBLIC LAWS. General Tax Act. Returns made to whom. and Every equipment company, as herein defined, shall be re- method or asPessmnt. quired to make returns to the Comptroller-General, and shall be taxed as follows: Ascertain the total number and the value of all cars of such equipment company, the total car wheel mileage made by said cars in the United States, and the total car wheel mileage in Georgia. Then tax such cars at the regular rate imposed upon property of this State in the same proportion to the entire value of such cars that the car wheel mileage made in Georgia bears to the entire car wheel mileage of said cars in the United Return made States. The returns shall be made to the Comptrollerby whom. General by the president, general manager, agent, or per- son in control of such cars, and the Comptroller-General shall frame such questions as will elicit the information Authority to question under sought, and answers thereto shall be mad~ under oath. oath and double tax for failure If the officers above referred to in control of said cars shall to answer. fail or refuse to answer under oath the questions propound- ed, the Comptroller-General shall obtain the information from such sources as he may, and he shall assess a double tax on such cars. If the taxes herein provided are not Execution to issue on failure paid, the Comptroller-General shall issue executions against to pay. said equipment company, which may be levied by the sheriff of any county in this State upon any car or cars ow"'lled, leased, or operated by the company failing to pay the tax. Railroad tax returns to be Sec. 10. Railroad Returns and by Whom Made. Be it made by presidents of roads. further enacted by the authority aforesaid, That the presi- dents of all railroad companies doing business in this State shall make returns to the Comptroller-General in the man- ner provided by law for the taxation of the property or the gross receipts or net income of such railroads and shall pay the Comptroller-General'the tax to which such property or gross receipts or net income may be subject according to the provisions of this Act, and the laws now in force relat- Penalties and ing to the tax on railroads, and on failure to make returns remedies where failure to make or refusals to pay tax, said company shall be liable to returns, or pay tax. all the penalties now provided by law, and the Comptroller- General is hereby required upon failure of such companies PART I.-PUBLIC LAWS. 65 General Tax Act. to make returns, or if made and not satisfactory to said officer, to proceed against such companies as provided in Section 1050 of the Code of 1910, Volume 2. Sec. 11. Banks. Be it further enacted by the authority Banks. aforesaid, That no tax shall be assessed upon the capital of banks or banking associations organized under the No tax upon capital stock. authority of this State, or of the United States, located within this State, but the shares of the stockholders of the banks or banking associations, whether resident or non- Stockholders pay tax on resident owners, shall be taxed in the county where the each share at true market value. bank or banking associations are located, and not elsewhere, at their full market value, including surplus and undivided profits, at the same rate provided in this Act for the taxa- tion of other property in the hands of private individuals. Provided, That nothing in this section contained shall be Proviso as to real holdings construed to relieve such banks or banking associations of hank. from the tax on real estate held or owned by them, but they shall return said real estate at its true market value in the county where located. Provided, further, That where real Proviso as to deduction of estate is fully paid for, the value at which it is returned real estate ,alues from for taxation may be deducted from the market value of stock values. their shares and if said real estate is not fully paid for, only the value at which the equity owned by them therein is returned for taxation shall be deducted from the market value of their shares. The bank or banking associations Banks to make themselves shall make the returns of the property and the and pay taxes herein pro- vided. shares therein mentioned and pay the taxes herein pro- vided. Branch banks shall be taxed on the value of the Branch banks and <'ertain capital employed in their operation, in the counties, munici- relief of parent banks. palities, and districts in which they are located and the par- ent bank shall be relieved of taxation to the extent of the capital set aside for the exclusive use of such branches. Sec. 12. Building and Loan Associations. Be it further Building and loan associa- enacted by the authority aforesaid, That mutual building tions. and loan associations operating only in the county of their Mutual assocharter and limiting their loans to members, shall not be ciations. 66 PART I.-PUBLIC LAWS. General Tax Act. assessed on their capital loaned to stockholders or members thereof. Other building and loan asso- All other building and loan associations or other ciations. associations of like character, shall be required to return to the tax receiver of the county where such associations are located all real and personal property of every kind and character belonging to such associations, except the real property located in another county shall be returned to the tax receiver of that county. Tax returns by resident agPnts. Sec. 13. Return by Resident Agents. Be it further en- acted by the authority aforesaid, That the president and principal agents of all incorporated companies herein men- tioned, except such as are required to make returns to tax receivers of the counties, shall make returns to the Comp- troller-General under the rules and regulations provided by law for such returns and subject to the same penalties and modes of procedure for the enforcement of taxes from companies or persons required by law to make returns to the Comptroller-General. Duties of sheriffs, deputy Sec. 14. Be it further enacted by the authority afore- sheriffs, tax collectors, etc., said, It shall be the duty of the sheriffs, their deputies and as to collection of all taxes the constables of this State to look carefully after the col- imposed under this Act. lection of all taxes that may be due the State of Georgia under this Act, or any other special taxes due the State of Georgia. It shall be the duty of all tax collectors and Further duties sheriffs and constables of this State to direct and see that as to prosecution for viola- all persons, firms or corporations violating this Act or any tion of this Act or other of the tax acts of this State shall be prosecuted for all vio- tax laws. lations of the tax laws, and every person convicted for a violation of this Act or any of the special tax laws of Geor- gia, upon the information of any citizen of this State, one- fourth of the fine imposed upon any person for violation of the tax laws shall, by order of said court, be paid to such informant or prosecutor. uzn towns or Sec. 15. Be it further enacted, That wherever in any sec- cities" define{l. tion or paragraph of this Act the words "in towns or cities" PART I.-PUBLIC LAWS. 67 Certain Industries Exempt from Taxation for Five Years. occur, the same shall be construed to mean ''within one mile of villages, towns, or cities,'' unless otherwise specified. Contlit"'tlng- laws repealed. Sec. 16. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved December 19, 1923. CERTAIN INDUSTRIES EXEMPT FROM TAXATION FOR FIVE YEARS. No.5. An Act to amend article seven (7), section two (2), paragraph two (2) of the Constitution of this State by add"ing at the end of said paragraph another paragraph to be known as ''Paragraph Two A,'' to wit: ''Paragraph Two A. Any person, natural or artificial, a resident of this State who may after January 1st, 1924, build, equip, establish, or enlarge a plant for the manufacture or proCessing of cotton, wool, linen, silk, rubber, clay, wood, metal, metallic or non-metallic mineral, or combination of same, creamery or cheese plant; or for the production or development of electricity may, as to such building, enlargement or equipment, be exempt from all county, incorporated town or city ad valorem taxes for a period of time not exceeding five (5) years from the date of the beginning of the building, equipment, or enlargement of such plants. The legislature is herewith empowered to ~ make provision for the operation of. this paragraph by appropriate legislation, provided such exemption shall be approved by a majority of the electors voting in such county, incorporated town or city proposing said exemption." Section 1. Be it enacted by the General Assembly of Art. 7, sec. Georgia and it is hereby enacted by the authority of same, 2, psr. 2 of Constltutiou That artie}( seven (7), section two (2), paragraph two (2) amb.rJded. 68 PART I.-PUBLIC LAWS. Certain Industries Exempt from Taxation for Five Years. of the Constitution of the State of Georgia be and the sarrie is hereby amended by adding at the end of said paragraph another paragraph to be known as ''Paragraph Two A,'' to wit: Alllf'Uding paragraph. Industries to be exempt. Period of exemption. Proviso as to npproval of electors. "Paragraph Two A: Any person, natural or artificial, a resident of this State, who may after January 1st, 1924, build, equip, establish or enlarge a plant for the manufacture or processing of cotton, wool, linen, silk, rubber, clay, wood, metal, metallic or non-metallic mineral or combination of same, creamery or cheese plant; or for the production or development of electricity may, as to such building, enlargement, or equipment be exempt from all county, incorporated town or city ad valorem taxes for a period of time not exceeding five (5) years from the date of the beginning of the building, enlargement or equipment of such plants. The legislature is herewith empowered to make provisions for the operation of this paragraph by appropriate legislation, provided such exemptions shall be approved by a majority of the electors voting in such county, incorporated town or city proposing said exemption.'' Publication. Sec. 2. Be it further enacted by the authority aforesaid, That when amendment shall be agreed to by a vote of two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in one newspaper in each congressional district in this State for the period of two months next preceding the time of holding the next general election. Submitted to popular vote. Sec. 3. Be it further enacted by the authority aforesaid, That the aboYe proposed amendment shall be sul>mitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided in section 2 of this Act, in the several election districts of this State at which election every person shall be qualified to yote who is C'ntitled to vote for PART I.-PUBLIC LAWS. 69 - - - - - - - - - - - - - - - ---- -- ----- -------- --------- Cigars and Cigarettes, Tax on Dealers In; Act Amended. members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the constitution shall have written or printed on their ballots the words : ''For amendment of constitution to encourage manu- Wording of ballots. facturing and industrial enterprises in Georgia by exempt- ing from city, incorporated towns and county, taxes for a period of time not exceeding five years,'' and all persons opposed to the adoption of said amendment shall have writ- ten or printed on their ballots ''Against amendment of constitution to encourage manufacturing and industrial en- terprises in Georgia by exempting from city, incorporated towns and county, taxes for a period of time not exceed- ing five years.'' . Sec. 4. Be it further enacted by the authority afore- Rat!tlcatlon and proclama- said, That the Governor be and he is hereby authorized and tion. directed to provide for the submission of the amendment proposed in this Act to a vote of the people as required by the constitution of this State in article 13, section 1, para- graph 1, and if ratified the Governor shall, when he ascer- tains such ratification from the Secretary of State to whom the returns shall be referred in the manner as in cases of elections for members of the General Assembly, to count and ascertain the result, issue his proclamation for one insertion in one of the daily papers of this State announc- ing such result and declaring the amendment ratified. Sec. 5. Be it further enacted by the authority afore- said, That all laws and parts of laws in conflict with this Conflicting laws repealed. Act be and the same are hereby repealed. Approved December 19, 1923. CIGARS AND CIGARETTES, TAX ON DEALERS IN; ACT AMENDED. No.6. An Act to amend an Act, approved August 15, 1923, levying a tax upon dealers in ~igarettes and cigars, providing 70 PARrr I.-PusLrc LAws. Cigars and Cigarettes, Tax on Dealers In; Act Amended. for the collection of said tax, to require the use of stamps as evidence of the payment thereof; to prescribe penalties for the violation of said Act, and the counterfeiting of such stamps; to provide for the rules of evidence for the trial of persons charged with the violation of said Act; to appropriate the funds raised by such tax for the purpose of building and equipping new buildings for the State Tuberculosis Sanitarium at Alto, and for the purpose of paying the pensions now due and to become due under the Acts of August 5, 1919, August 18, 1919, and August 19, 1919, and for other purposes,'' so as to provide that the expenses of carrying out the provisions of said Act shall be defrayed out of the funds collected thereunder, and for other purposes. Act of August 15, 1923, amended. Section 1. Be it enacted by the General Assembly o{ the State of Georgia and it is hereby enacted by the authority of the same, That the Act, approved August 15, 1923, entitled "An Act to levy a tax upon dealers in cigarettes and cigars; to provide for the collection of such tax, to require the use of stamps as evidence of the payment thereof; to prescribe penalties for the violation of this Act and the counterfeiting of such stamps; to provide rules of evidence for the trial of persons charged with the violation of this Act; to appropriate the funds raised by such tax for the purpose of huilding and equipping new buildings for the State Tuberculosis Sanitarium at Alto, and for the purpose of paying pensions now due and to become due under the Acts of August 5, 1919, August 18, 1919, and August 19, 1919, and for other purposes,'' be and the same is hereby amended by adding the following provisions, to wit: Amending paragraph providing for necessary expenses. The expenses of carrying out the provisions of this Act, including the necessary clerical help, cost of stamps and incidental expenses, shall be defrayed out of the funds collected hereunder, when said expenses are approved by the Governor, and the commissioner of revenue in his annual PART I.-PUBLIC LAWS. 71 Cigars and Cigarettes, Tax on Dealers In; Act Amended. report to the General Assembly shall include a full and cempleted itemized statement of such expenses. Amend further by striking from the second section of Section 2 amended. said Act the words ''each cigar,'' and substituting therefor the words ''each box, package, or other container of cigars,'' so that said section as amended will read as follows: ''Section 2. Each dealer shall pay said tax to the Com- Section 2, a:s amended, to missioner of Revenue of the State of Georgia, who shall read. thereupon furnish to such dealer stamps of such design and denominations as may be prescribed by said commissioner of revenue, and it shall be the duty of each dealer to affix to each package of cigarettes and each box, package, or other container of cigars a stamp, or stamps, furnished by said commissioner of revenue, evidencing the payment of the tax imposed by this Act, and to cancel such stamps before said cigarettes or cigars are offered for sale.'' Sec. 2. Provided that wherever cigarettes are sold in Stamps affixed to carton or cartons or other original containers said stamps may be container. affixed to each such carton or container and not to each package contained therein. Sec. 3. Be it further enacted, That all laws or parts of Conflicting laws repealed. laws in conflict herewith be and the same are hereby re- pealed. Approved December 19, 1923. PART 11.-RESOLUTIONS PART II.-RESOLUTIOXS. 75 Ordinary of Habersham County Furnished Reports. Congress Asked to Have Certain U. S. Navy Records Corrected. PART 11.-RESOLUTIONS RESOLUTIONS. Ordinary of Habersham County Furnished Georgia and Georgia Appeals Reports. Congress Asked to Have Certain U. S. Navy Records Corrected. General Assembly; Adjournment; Certain Members to Remain Four Days After. Appropriation for Incidental Expenses of Extraordinary Session. ORDINARY OF HABERBHA.M COUNTY FURNISHED GEORGIA AND GEORGIA APPEALS REPORT. No.1. A HESOLUTIOX. \:Vhereas, The County Courthouse of Habersham Preamble. County was destroyed by fire on December 2, 1923, burning all the Georgia and Court of Appeals reports heretofore furnished the county by the State; Resolved by the House, the Senate concurring, That the State Librarian State Librarian be and is hereby directed to furnish the to furnish Georgia and Ordinary of said county two full sets of Georgia and Court Georgia Appeals reports. of Appeals reports. Approved December 11, 1923. CONGRESS ASKED TO HAVE CERTAIN U. S. NAVY RECORDS CORRECTED. No.2. A RESOLUTION. whereas, Several hundred officers of the United States Preamble. Navy, from the South, resigned from the service in 1861 to cast their fortunes with their native States, the resignations of the following one hundred and thirty-six were not accepted as follows: 76 PART Il.-RESOLUTIONS. Congress Asked to Have Certain U. S. Navy Records Corrected. CAPTAINS. FRENCH FoRREST FRANKLIN BucHANAN SAMUEL BARRON GEoRGE N. HoLLINs COMMANDERS. \VILLIAM T. MusE THOMAS R. RoATES RoBERT G. RoBE ARCHIBALD B. ~-,AIRFAX RICHARD L. PAGE CHAS. E. MciNTOSH SIDNEY SMITH LEE THO~IAS L. PAGE ARTHUR SINCLAIR THoMAS T. HuNTER JoHN R. TucKER MATTHE"'S F. MuRRAY WILLIAM McBLAIR JoHN K. MITCHELL CHAS. H. A. KENNEDY LIEUTENANTS . JoHN TAYLOR \VooD .J. PEMBROKE JONES CHAS. M. FAUNTLEROY .JOSEPH N. BARNEY GEORGE T. SINCLAIR RoBERT B. PEGRAM DAviD P. McCoRKLE vv. CHARLEs HAYs WASHINGTON GwATHMEY JAMES H. RocHELLE ALPHONSO BARBOT VAN R. MoRGAN WILLIAM SHARP CHAS. F. M. SPOTTSWOOD CARTER B. POINDEXTER HAMILTON H. DALTON s. GEORGE SHYRACK ,JOESPH '\V. ALEXANDER JoHNS. MAURY FRANCIS E. SHEPPARD JOHN v. BENNETT HARRY H. LEWIS JoHN J. GuTHRIE \VILLIAl\I H. \VARD JoHN WILKINSON wILLIAM H. pARKER THoMAS K. PoRTER \V~I. P. A. CAMPBELL WILLIAM L. PowELL HENRY K. STEVENS JOHN M. BROOKE PETER U. MuRPHEY WILLIAMS H. MuEDAUGH EDWARD L. WINDER c. CHARLES SIMMS B. P. LovALL \VALTER R. BuTT .rULIAN MEYERs ALEX M. DEBREE DuLANEY A. FoRREST RoBERT D. MINOR OscAR G. JOHNSTON WILLIAM T. GLASSELL K ICHOLAS H. vAN ZANDT pART H.-RESOLUTIONS. 77 Congress Asked to Have Certain U. S. Navy Records Corrected. HuNTER DAviDsoN IsAAc N. BRowN SILAS BENT JOHN H. pARKER JAMES IREDELL WADDELL SURGEONS. LEwis \V. 1:hxon JAMES F. HARRISON WM. B. SINCLAIR WILLIAMS H. PAGE RANDOLPH F. MASON DANIELs. GREEN -vv. RrcHARD JEFFREY PASS ASSISTANT SURGEONS. CHARLES "\V. "\VILLIA:\IS H. "\V. M. wASHINGTON -vv. J. B. GREENHow ASSISTANT SURGEONS. JOSEPH GRAFTON FRED vAN BIBBER ALGERON s. GARNETT BENNETT "\V. GREEN JoHN W. SANFORD RoBERT J. FREEMAN MARCELLUS P. CHRISTIAN J.nms E. LINDSEY JAMES "\V. HERTY 0. s. IGLEHART PAYMASTERS. vv. -GEoRGE CLARK JAMES E. HARWOOD JoHN DEBREE FRELIX SENAC JOHN JOHNSON RICHARD T. ALLISON THOMAS E. wARE JAl\IES A. SEMPLE MIDSHIPMEN. EDWARD G. READ JAMES L. TAYLOR THOMAS L. DoRNIN JAMEs L. HooLE GEORGE A. BoRCHERT THOMAS L. HARRISON FRANcrs L. HoDGE HENRY D. CLAIBORNE S.\l\IUEL \V. AvERETT HILARY CENAS ARTHl:R D. \VHARTON CHIEF ENGINEERS. MICHAEL QuiNi \V:-.r. P. \VILLIAMSON THOMAS A. JACKSON JAMES H. "\VABNER 78 pART H.-RESOLUTIONS. Congress Asked to Have Certain U. S. Navy Records Corrected. FIRST ASSISTANT E~GINEERS. EmYARD W. MANNING HEXRY A. RAMSEY VIRGIXIUS FREEl\IAN GEORGE \V. CITY SECOND ASSISTANT ENGINEERS. JoHN \V. TYNAN MARSHALL P. JoRDAN THIRD _.',BSIST"\NT EN:GINE:B~RS. HENRY X. WRIGHT EDWARD L. DrcK JoHN T. TucKER BEN J Al\IIX HERRING CHAs. \V. JoRDAN HENRY FAGAN BOATS\VAIN. CHAS. H. HASKER GUNNERS. CHAS. B. OLIVER JonN W. LovETT MARINE CORPS. nlAJOR HENRY B. TYLER BREVET MAJOR G. H. TERRETT CAPTAINS. JoHN C. RICH ALGERNON s. TAYLOR RoBERT TANSILL JoHN D. SIMMS FIRST LIEUT:B~NANTS. IsRAEL GREEN JULIUS E. MEIERE J. R. F. TATNALL THO":\IAS s. \VILSON and, whereas, The records of the Navy Department of the United States Navy at \Vashington record them as "dismissed" while the others are recorded as "resigned," and \Vhercas, The heroism of these men during the war between the States is an American heritage and may be the pride of every American citizen, and, Whereas, The sons and grandsons of these ''dismissed sailors" fought the battles of our country in the Spanish- pART H.-RESOLUTIONS. 79 General Assembly; Adjournment; Certain M'embers to Remain Four Days After. American, and the late W oriel War and are denied the privilege of joining patriotic organizations because of the stigma hanging over the memory of their brave ancestors, and, Whereas, Admiral A. 0. Wright, Commander of the Confederate Naval Veterans, has now pending a bill in the National Congress to remove this stigma; Therefore be it resolved by the House of Representatives, Congress re the Senate concurring, That the representatives of the State q uesterl to llave Navy Depart- ment accept of Georgia in the National Congress be requested to take certain resignations. the necessary steps at once to have the Navy Department at vVashington accept these resignations, and thus remove the stigma of ''dismissal'' as the record now shows. Approved December 19, 1923. GENERAL ASSEMBLY; ADJOURNMENT; CERTAIN MEMBERS TO REMAIN FOUR DAYS AFTER. No.3. A RESOLUTION. Resolved by the House, the Senate concurring, That the President and Secretary of President of the Senate, the Speaker of the House, the Senate and Speaker and Secretary of the Senate and the Clerk of the House, be Clerk ot House authorized to and they are hereby authorized to remain at the Capitol remain after adjournment. four days after the adjournment of the General Assembly for the purpose of affixing their signatures to bills and resolutions passed previous to said adjournment, and that they be allowed their per diem for said time, Resolved, further, That the chairman respectively of the Chairmen ami enrollment and auditing committees of the Senate and certain members of enroll- mf'nt, auditing House, together with the members of the Senate enrollment and engrossing committees committee, and five members of the House enrollment com- antbortzed to remain after mittee, to be designated by the chairman thereof, and two adjournment. members of the Senate auditing committee, and two mem- bers of the House auditing committee, to be designated hy 80 PART II.-RESOLUTIO.NS. Appropriation for Incidental Expenses of Extraordinary Session. Postmistress of House. Porters. the chairman thereof, and the chairman of the Senate engrossing committee, and two members of the Senate engrossing committee, to be designated by the chairman thereof, and the chairman of the House engrossing committee, and three members of the House engrossing committee, to be designated by the chairman thereof, be and they are hereby authorized to remain at the Capitol four days after the adjournment of the General Assembly for the purpose of bringing up the unfinished business of the session, and that they be allowed their per diem for said time, Resolved, further, That the postmistress of the House be and she is hereby authorized to remain at the Capitol four days after the adjournment of the General Assembly for the purpose of distributing and forwarding members' mail, and that she be allowed h0r per diem for said time, Resolved, further, That two porters of the Senate, and three porters of the House be and they are hereby authorized to remain at the Capitol four days after the adjournment of the General Assembly and that they be allowecl their per diem for said time. Approved December 19, 1923. APPROPRIATION FOR INCIDENTAL EXPENSES OF EXTRAORDINARY SESSION. No.4. A RESOLUTION. Providing for the payment of the incidental expenses of the House and Senate for the extraordinary session of 1923. $100 !or tbe Be it resolved by the House, the Senate concurring, That House, and $100 for the to pay the incidental expenses of the extraordinary session Senate for incidental ex- of the General Assembly of 1923, the sum of one hundred pPnses of extraordinary ses- dollars for the House of Representatives and the sum of sion. PART 11.-RE:-\OLUTIOX:-;. 81 Appropriation for Incidental Expenses of Extraordinary Session. -------------- one hundred dollars for the Senate, or so much thereof respectively as may be needed, be and the same is hereby appropriated, to be paid on itemized accounts accompanied by the properly receipted vouchers for the same, and presented to the Governor by the clerk of the House of Representatives and secretary of Senate. Resolved, further, That the sum of one hundred fifty dollars is hereby appropriated to pay the journal clerk of $150 for indexing the the House of Representatives and the journal clerk of the Journals. Senate, each the sum of seventy-five dollars for indexing the journal of the extra session of the General Assembly. Approved December 19, 1923. INDEX A ACCOUNTS- All accounts of every department or agency of State government to be audited annually at least -------------------------------------- 9 ADJOURNMENT OF GENERAL ASSEMBLYCertain members to remain four clays after____ 79 AD VALOREM TAXESNot subject to proYisions of Act creating Department of Revenue __________________________14, 15 Proposed Constitutional amendment exempting certain in