JOURNAL
OF THB
THE SENATE
OF THB
STATE OF GEORGIA
AT THE
EXTRAORDINARY SESSION
At Atlanta from Febnmry 34, 1926 to March 18, 1926 lnc:Juaive.
1111111 THF: BYRD I'Rl:!iTI!\"G COMPA~Y
ATLA~TA, GA.

JOU~NAL

FIRST DAY

Senate Chamber, wednesday, February 24, 1926.

The Senate met in extraordinary session at 10 o'clock

A.M., and was called to order hy the President, Hon. J. H.

Ennis.

'

l!pou the call of tlw roll, the followi11g Senators answer-
td to their names:

Andrews, E. E. Bell, W. L. Boykin, Shirley C. Carlisle, Ira . Carr, Milton B. Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J.D. Cole, E. D. Cole, R. D. Collier, J. C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl X. Harrell, G. Y.

Hayes, W. C. Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Knox, Gordon Luttrell, J. A. ~bddox, A. K :\1atthews, Dr. Joe I. Memory, S. Forster :VIiddleton, D. S. Miller, A. L. :\forgan, S. H. Moye, R. L. ::\IeGre~or, J. ).I. D. McKenzie, C. l\1.

Xeal, Benj. F. Xorman, R. L. Owen, C. F. Parker, Jos. H. Peebles, I. S., Jr. Perkins, H.. 0. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Happ, W. M. SteYens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B. Mr. President

The foliowing proclamation of His Exeellency, The Governor, was read by the Secretary:

4

JouRNAL OF THE SENATE,

A PROCLAMATION
Whereas, by constitutional provision and by statutory enactment the people of Georgia have assumed the obligation of the State to pay additional pensions to its honored heroes, the Confederate Veterans, and
Whereas, these obligations have not been paid, and
Whereas, on account of their age and physical condition immediate payment must be made if the Veterans are to enjoy these pensions, and
Whereas, the future development of the State requires a modern, scientific, unified educational system from the public schools to the University and a modern, dependable, twelve-months state system of paved highways, and

Whereas, the business world is now looking to the South and considering its unequaled natural advantages, presenting an opportunity for Georgia so promising that it would be an unspeakable calamity if the state should stand still for a term of three years while neighboring states are capitalizing present conditions, and

Whereas, such conditions create an emergency of sufficient importance under the terms of the Constitution as to demand an extraordinary session of the General Assembly.

Now, therefore, by virtue of the authority vested in me by Article V, Section 1, Paragraph 13, of the Constitution, I, Clifford Walker, Governor of Georgia, do hereby convoke the General Assembly of the State in extraordinary session, to meet in their respective halls at the Capitol in the city of Atlanta on the twenty-fourth (24th) day of February, 1926, at 10 o'clock A. M., for the following objects, all of which are considered by the Executive of sufficient importance to make the necessity for such extraordinary session, to-wit:

WEDNESDAY, FEBRUARY 24, 1926.

5

(1) To make provision for the payment of the obligations of the State to its Confederate Veterans.
(2) To submit to the people for their ratification or rejection an amendment to the Constitution of the State to authorize the issuance of State bonds for educationa purposes:
To enact legislation to provide for:
(a) a change in the school fiscal year to run from June 30th to June 30th
(b) a fund to equalize and standardize the length of term and the salaries of teachers in the public schools of the State to be known as the public school equalization fund
(c) a supervisor of constrction of school buildings to standardize the utility, the economy, the safety and the sanitation of public school buildings
(d) authorizing any independent school system to vote on the abolition of such independent system and the :merging with its county system of schools
(e) local legislation, either county or municipal, providing for construction and equipment of schools, colleges and highways.
(3) To submit to the people for their ratification or rejection a Constitutional Amendment: giving the State Highway Board legal authority to construct and maintain a modern, dependable, twelve-months state system of paved highways and authorizing the issuance of state highway bonds upon the following terms: to-wit:
(a) bonds to be issued and sold only as and when needed for immediate construction projects, by a state bond commission to be &elected from upstanding, experience L and successful business men free from political alignmen,' and to serve without compensation

6

JouR::\'AL OF THE SE::\'ATE,

(b) the plans and specifications of said construction projects to be prepared by the State Highway Board and approved by the State Bond Commission

(c) the proceeds of the sale of said bonds to be used by the State Highway Board in the construction of said state system of highways on projects so approved as rapidly as consistent with economy and g~od business judgment

(d) in the sale of said bonds and the approval of construction projects the Bond Commission shall give due consideration to the bond market, the market for materials, labor and other economic conditions and in their discretion may withhold the sale if such conditions should be unfavorable

(e) the aggregate of bonds so issued shall never exceed the amount both principal and interest which can be retired by the current income from gasoline and fuel oil tax and motor license taxes

(f) the one-cent gasoline tax now allocated to th:> counties to be continued

(g) an equitable provision to be made for refunding the portions of county bond funds actually expended in good faith on the state highway system.

Given under my hand and the Great Seal of the State

at the City of Atlanta, this the thirteenth day of February

in the year of our Lord Nineteen Hundred and Twenty-

Six.





By the Governor:

CLIFFORD WALKER,
Governor.

S. G. McLENDON Secretary of State

The President then declared th' Senate convened in extraordimtry se:-;sion under the foregoing proclamation.

w-EDNEsDAY, FEBRUARY 24, 1926.

7

Prayer was offered by the Chaplain, the Renrend .J. vV.

G. \Yatkins, of Colle;.re Park.



The following resolutions were read and adopted, towit:

By Senator Perkins of the 24th-
Senate Resolution Xo. 1. A Resolution instructing the secretary of the Senate to notify the House of Representatives that the Senate has convened in extraordinary session and is ready for the transaction of business.

By Senator Morgan of the 1st-
Senate Resolution Xo. 2. A Resolution providing for the appointment of a committee of two from the Senate aml thrt'e from the House to wait upon His Excellency the Governor and notify him that the General Assembly has convened in extraordimu~ session, ~mel is ready for the transaction of business.

The President appoinh'd as said 0ommittee on the part of the Senate the follcming:
The Senator from the 1st, Senator .:\forgan.
The Senator from the -!:-3rc1, Senator Sapp.

The following message was receiYed from the House through l\Ir. Moore, the Clerk thereof: ~ir. President:
I am instructed. by the House to inform the Senate that the House has comened in extraordinary session and is ready for the transaction of business.

The following message was received from the House through ~fr. ~Ioore, the Clerk thereof: Mr. President:

8

Jot:RNAL oF THE SE~ATE,

The House has adopted the following resolution of the Senate, to-wit:
By )fr. Hendrix of the 35th-
A Resolution providing for a joint eommittee to notify the Governor that the General Assembly has conYened and is ready for the transaction of business.

The Speaker appointed the following members of the House as the committee on the part of the House, t(Hvit:
:Messrs. ~IcCrory of Schley, Culpepper of Fayette, DuBose of Clarke.

The following communieation from the Governor was read by the sec1:etary:

To the Senate:
I beg to a(hise that since your last session the election of the following new member to your body has been certified to the Executive Department by the Secretary of State:
Hon. J. P. Peacoek of the County of Bleckley, to be a Member of the Senate from the Fourteenth Senatorial District, to succeed Dr. W. C. \Yilliams, Jr., resigned.
Hespeetfully submitted,
CLIFFORD WALKER,
Governor.
This February 24, U126.

The newly cleeted Senator, Hon.J. P. Peacock, elected to succeed the former senator from the 14th District, Dr. \V. C. \~r illiams, was sworn in, the oath being administered by the Chief Justice of the Supreme Court of Geor. gia, Hon. Richard B. Russell.

WED~ESDAY, FEBRUARY 24, 1926.

9

The following reso!ution was read and adopted by the Senate:
By Senator Sapp of the 40rd-
Senate Resolution Xo. 3. A Resolution providing for the holding of a joint session of the Senate and the House of Representatives at 11 o'clock A. M. this day, February 24th, for the purpose of hearing an address by His Excellency, the Governor, and providing for the appointment of a committee of two from the Senate and three from the House to wait upon His Excellency the Governor and escort i1im to the Hall of the House of Representatives.

Th~ President appointed as said committee on the part of the Senate, the following:
The Senator from the :35th, Senator Hendrix.
The Senator from the 2nd, Senator Parker.

The following message \Vas received from the House through Jir. ::\(oore, the Clerk thereof:
Jlr. President:
The House has adopted the following reHolution of the Senate, to-wit:

}fr. Sapp of the 4:~nl-
A Resolution. Providing for a joint session at 11 a. m. o'clock to hear an address by the Governor.

The Speaker appointed the following committee on the part of House to escort the Governor:
Messrs. Lankford of Toombs, Erwin of Clarke, Stone of Union.
'The joint committee,. appointcll hy the presiding offi('ers of the respective hranehes of the General Assembly

10

JouRNAL oF THE SENATE,

to wait upon His Excellency, the Governor, and inform him that the General Assembly had convened and was ready for the transaction of business, reported through its chairman, Senator Sapp of the 43rcl, that the Govemor had been notified.

The hour of 11 o'clock having aniYed, the Senate ad-
journed to conYene in the Hall of the House of Representatives for the purpose of hearing au address by His l<~x
cellency the Govemor, in accordance with Senate Resolu-
tion i\ o. :1, previously adopted.

The J oiut Scssiou was calleJ. to orJ.er by the Prc~idLut of the Senate, aucl Seuate Resolution Xo. 3, authoriziug the joint scssiou was read by the Secretary of the Senate. The doorkeeper announced that the Gmernor and his party were natly, aJI(l the President of the Senate mclercd them escorted to the rostrum.

The Presideut of the Senate introduced the Gon'nHw, and His ]~xcellency delinred the following address:

MESSAGE OF GOVERKOR CLIFFORD W.-\LKER

Ladies and Gentlemen of the General Assembly:

Business men of America are a unit in the thought that the next great current of population and commercial development will be toward the South. As a matter of fact that current has already set in with tremendous force presenting an opportunity to the South unequalled in all its history. While many speculative and some otherwise undesirable people have followed in its wake, many thousands of good citizens, realizing our unequalled natural resources and seeking our favorable climate, are coming

WED:t\ESDAY, FEBRUARY 24, 1926.

11

South to make their homes. Other states are capitalizing this psychological situation and I have been unable to escape the conviction that without delay Georgia should adopt a forward-looking constructive program which will attract the favorable attention of these investors and homeseekers, and, at the same time, give to our own home people the advantages and comforts of modern life. Therefore, I have called this extraordinary session of the General Assembly and now submit to your consideration, in terms provided by the Constitution, the matters which I believe to be of vital importance in the future of our State.

1. Payment of pensions to the Confederate Veterans. Fortunately upon the first item of the legislative program I have found no material difference of opinion. Both by Constitutional provision and by statutory enactment the people of the State have voluntarily assumed additional obligations to the Confederate heroes. If they are to enjoy these pensions, provision for payment must be made without a moment's delay. I have taken the liberty of suggesting for your consideration a bill providing for discounting the income from the State's railroad, the same to be refunded from future proceeds of the Cigar and Cigarette tax. The discounting of future income is not sound financing and should be resorted to only in extreme emergencies. Certainly if there ever was an emergency, one is presented here. The issuance of bonds or other processes of ordinary legislation would involve a delay of from two to three years when those most in need would not be in life. So far no better plan has been suggested. If in your deliberation a better plan is presented, I will be very happy to approve it.

2. A modern twelve-months, dependable State Highway System. As I made plain to you in the regular session, for many years Georgia has endured and suffered from an intolerable fa \oritism, a system of aristocracy in taxation, a system under which one-half of the people owning onehalf of the property enjoy all the blessings of government

12

JouRNAL OF THE SENATE,

and escape taxation while the other half of the people who own the other half of the property pay all the expenses of government. I also assert that Georgia has at the same time endured and suffered from a like system of favoritism and aristocracy in education under which one-half of the boys and girls of the State enjoy practically every educational opportunity while the other half are given practically no educational opportunity.
The present plan of road building is strikingly similar in sectional favoritism, aristocratic by inequality in location and by injustice in the distribution of its benefits. Under the present plan of road building, exactly as in the case of our schools, the favored few have secured their paved roads, a favored few more will secure their paved roads within a reasonable time while the unfavorec.l majority of counties, those counties not on the main highways, those not blessed with unlimited resources and high taxable values for county bond issues must be content with indefinite delay, with no well-defined, dependable, bu~iness like system on which they can base a hope at any fixed time in the future. In the meantime the entire State is paying the price of good roads while receiving the \Vorst possible advertisement through the present patch-work system or lack of system. We have had an aristocracy in education; let us have no aristocracy in highways.
I approach this discussion with no desire to criticise the Highway Department. In the actual construction of roads it is probable that members of the Board could now profit by their past experiences. It is also true that bricks cannot be made of straw. We have not provided sufficient funds for paved highways. Our roads are greatly improved as compared with those of fifteen years ago. But we still have no dependable system to which we can look with confidence for state-wide, fairly distributed paved highways within a reasonable time.
Such a system we must have if we secure the nine-months,

WEDNESDAY, FEBRUARY 24, 1926.

13

high-grade consolidated schools, and such a system we must have if we capitalize the current of development in the South. It is this that the people of the State are demanding and for this I appeal at the hands of this session. So strong is this demand in every section of the State that whenever given an opportunity the people have voted to bond themselves so overwhelmingly as to be practically unanimous. Vve are agreed that we must have paved roads on our main-traveled highways. How are we to secure them?
Unfortunately there are two schools of thought; the one urging the continuation of the present pay-as-you-go plan of construction: the other urging the issuance of bonds to be retired by the present income from gasoline and tag taxes with no addition to ad valorem taxes. The issue is t.hus sharply drawn:
Assuming that we all favor paved roads at the earliest possible moment consistent with economy, what plan of financing will procure that end most satisfactorily? As I have given serious thought to the subject every passing hour has strengthened the conviction that the bond issue is the only feasible plan.
It is claimed that we can complete the paved system as u:!.pidly with the present income of the State allocated to construction work as we could with bonds and yet simple calculation will demonstrate that an income sufficient to pave the State system in twenty years will amortize or retire an issue of bonds (both interest and principal)sufficient to pave the State system in five years and not add a dollar of ad valorem taxes.
But we are told that we can not spend more than ten to twelve millions a year economically. Yet in a signed statement Governor McLean tells you that the State of North Carolina, much smaller in area, with far less population, than Georgia, is spending 28 millions a year with no complaint of lack of economy. It is likewise claimed

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JouRNAL oF THE SENATE,

that such construction would interfere with labor conditions and yet we have no complaint of labor conditions in North Carolina.
The State of Illinois paved every primary road and of greater width than Georgia's standard in 7 years. The construction road record shows: 1923, 1085 miles; 1924, 1230 miles; 1925, 906 miles, a total of 3221 miles in 3 years.
Again the pay-as-you-go plan contemplates that the cost of roads shall be paid as follows: 50% by Federal aid, 25% by State aid and 25% by the counties. I am advised that in the recent past 21 counties have voted a total of $7,580,000 for road purposes on the above plan. I am further advised that hundreds of thousands of dollars are how in the treasuries of other counties previously voted on the same plan to be matched by Federal and State aid. These favored counties will exhaust the Federal aid of two millions annually for eight to ten years! What will become of paving for the other 140 counties?
With these favored counties under this aristocratic system of favorites exhausting the State aid funds for years to come what will the other hundred or more unfavored counties do for State aid?
Will the counties which have already provided the money by voting bonds be satisfied to wait four or five or six or seven years for Federal or State aid necessary to build the roads which they are expecting in the next year or two? If so, will the other counties which are paying gasoline and tag taxes every day be willing to wait twelve, fifteen, seventeen or nineteen years for their paved roads? What assurance has your particular county under the present system that you will get paved roads in four, fourteen or nineteen years?
If your county is unable to bond itself to meet State and Federal aid, every time you drive in a filling station you pay to pave some county which is able to bond its~lf. Can any one seriously defend any such aristocracy as that?
If you are one of the favored few, if you are on a main

WEDNESDAY, FEBRUARY 24, 1926.

15

highway and have the assurance that you are to get pavements this year or next, do you want to live in a land, do you want to be a party to a system, under which your neighbor county must wait fourteen years to get its pavement?
I can interpret this falling all over themselves of these 21 favored counties to bond themselves and voluntarily subjecting their people to ad valorem taxes, counties who need their own money to pave their 93 per cent of other roads and to build consolidated schools and high schools,! can see in it only a race to qualify for the 75 per cent State aid and Federal aid before other counties recognize the good pickings and exhaust these funds, leaving out in the cold the poor counties which cannot match. Any such system is nauseatingly aristocratic, unspeakably discreditable to those who, after proper reflection upon the effect of their position, are willing to take the first monies thus allocated and then fight the issuance of bonds necessary to equalize the benefit with their less fortunate neighbors.
In God's name, men and women of Georgia, hasn't the time come when we should cultivate a state consciousness, develop a state-wide vision? For once let's set the pace by cutting out selfish sectionalism and petty provincialism and rise to heights of State pride worthy of this imperial State!
Up to October 15th last, under the pay-as-you-go plan, only 332 miles had been paved in the entire State. While our laws provide that the roads shall be paved from county site to county site, to date only five county sites are connected and of these only three have been connected by the State Department alone. This is not said to discredit the Highway Department but to demonstrate the unreasonable time when a State system can be completed under the present system. Up to this date not one continuous connected road has been paved. Only one such highway is promised for the next year, perhaps the most important, the Macon-Atlanta highway and yet we are informed that

16

JouR)l"AL OF THE SENATE,

even this highway could not be built until Bibb county had financed Monroe county's portion of the cost! What is to become of the large number of helpless counties which have no Bibb county to act as their Good Samaritan?
I do not even intimate that there will be corruption in the allocation of funds or the adoption of an order of construction as between the counties of the State under the present plan. I do not charge that there will be undue favoritism, the favoring of friends or sectional interests. But I do say that any system or lack of system under which one county is to secure paved highways this year while another and an adjoining county must wait from twelve to twenty years is wrong in principle. It is a rule in all branches of government that each county shall participate proportionately in the blessings of government. Yet every month funds are now being drawn from the State Treasury for the benefit of a few favored counties, while the others who pay their equal share of taxes receive no benefits. The system is unjust, it is unfair and it should be so amended as to provide equal benefits to all counties. I realize that even under the bond plan a road must be bui 1t in some counties before others but that which the people of the State demand is a carefully worked out dependable State plan of connected paved roads which will give to each county in the State a guaranty on which it can rely of its full share of highway construction within a reasonable length of time. The smaller state of North Carolina built 1,544 miles of road last year. The smaller state of Illinois built 3221 miles in 3 years. Georgia can do the same and more and complete her system in five years.
There are many other considerations leading to the adoption of the bond plan. Time will not permit even the cataloguing of all these. Highway engineers tell us that sand-clay roads wear out at the rate of one to two inches a year. If the pay-as-you-go plan takes 20 years to complete--and eminent engineers advise me it will take twentyfive years-two-thirds of the sand-clay roads will be worn

WED~ESDAY, FEBRUARY 24, 1926.

17

out before they are reached for paving and millions of dollars of the counties' monies will be wasted. Authorities tell us that the saving in the cost of the maintenance of a paved highway over the cost of the maintenance of an unpaved road will pay the interest on bonds necessary for paving. When you add to this saving the saving on wearand-tear of vehicles, gasoline, oil and repairs, time and human nerve, hundreds of millions will be lost while waiting for the paving under the pay-as-you-go plan. The State bonds have always been floated at a much lower rate of interest than county bonds and other millions will be saved to the people in interest charges.
Objection is made that the provision to refund to counties which have bonded themselves in the past will largely increase the amount of bonds. Only such sums as have been expended in good faith on State aid roads under the supervision of the State Highway Board will be refunded and these sums under terms which the Legislature is to define as equitable and fair and this only after the entire State system is completed. These amounts can be refunded exactly as the original paving funds are provided by amortizing the gasoline and tag tax income after the State system is completed. As a matter of fact few counties can complain for with only five or six exceptions every county will share in these refunds. The big city counties will participate only as to their two State aid roads and some of these counties received no State aid. The actual amoNnts will be much less than indicated. To any objection which may continue to exist I would say that both by provisions of the law and by moral obligations to refund these monies the people of these counties have been induced to bond themselves and construct these roads to be enjoyed by all the counties of the State. Personally I had rather continue in the mud, let Georgia become backward -even the laughing stock of the nation in its lack of progress, if this be necessary to maintain the honor of the State. As a matter of fact there will be no great loss, if

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JOURNAL OF THE SENATE,

any at all, in refunding these monies. It will but place all the counties on an equality. Much of the monies will be immediately expended in more and better paving and schools. Some apprehension is felt that the big city counties will receive an undue portion of these refunds. There are only five or six of these counties. Most of these have regularly used their gasoline income in building roads for their less foriunate neighboring counties. All of them have expended millions in paving not the two State aid roads alone but all of their highways. The people of every other county enjoy these paved roads every day in the year. Moreover, these big counties bear a very large proportion of the tax monies which go into the State Treasury from every source. For these and other reasons I feel that this apprehension is not well founded.
The "pay-as-you-go" plan is predicated upon the indefinite continuation of Federal aid. It is known that the President is opposed to the further continuance of this fund and there is no assurance that it will not be discontinued. Notice has been given to Georgia that it will be discontinued 1j a State system of connected highways is not projected.
In a recent public address State Highway Engineer N eel earnestly advocated the issuance of State bonds to complete the connected State system and said: "It is not fair to other counties to use State funds to build roads in only those counties that are able to issue 'bonds to match.J:;tate and Federal funds. The State should build its own system and the money the counties are now using to aid construction of State roads should be used to build the 93 per cent of the highways which are known as 'feeders.' " He estimated that fully 60 counties lack sufficient funds to match State and Federal funds for highways and stated that those who oppose issuance of State bonds should remember that the bond system is being used now by the counties to furnish money for the system and at higher interest rates than the State would have to pay. He asserted that if the pres-

WEDNESDAY, FEBRUARY 24, 1926

19

ent plan-the "pay-as-you-go" plan-is followed it will take 20 years to build a connected paved road system.
Mr. Thos. H. MacDonald, Chief of Bureau of Public Roads at Washington, the highest authority on the subject under consideration, after extended study of the experience of all states, makes a statement of conclusions indicating the necessity for drastic changes in legislative and administrative highway policies. Among these conclusions I quote:
4. There is a direct relation between bonds and progress in the construction of durable roads evidenced by. the fact that only those states which have issued bonds have made any considerable progress in the mileage of durable pavements built. At the end of 1924 of the surfaced highways reported 66% were of low type, 24% medium and only 10% of more durable form of pavement.
5. The pay-as-you-go policy is having two principal effects. First, they tend to an increase of inadequate types of surfacing and second they force upon the counties bond issues. In 24 states which have no state bond issues upwards of one-half billion of county bonds have been issued in five years.
7. The financing of the State Highway program through contribution from the counties is wrong in principle and will cost the public more in the end.
10. The State Highway Department should be financed without recourse to county contributions and a greater percentage of highway funds should be expended in more durable construction.
Mr. McDonald's views are perfectly reflected by a road map of Georgia which demonstrates absolutely that the contribution-from-counties system does not provide a connected system which Georgia laws require. Up to 1925 no two county sites were connected.

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JouRNAL OF THE SEXATE,

Illinois is considered the standard for State ::.ystem of paved highways. That State completed 3,221 miles of primary paving in three years. Mr. Frank I. Sheets, Chief Highway Engineer, in a letter dated February 10, 1925, says: "Rapidity of construction makes possible cheaper price per mile than if only a small program were built each
year."

Surely no more reliable authority can be found on the questions at issue.

And now, finally, what is the General Assembly to do ;vith this vital matter? What is the logical, commonsense, statesmanlike position to take? What is involved in this question? What is the record? In the past few months the people of 21 counties have been given a chance to express themselves on the question of voting bonds to build roads, of bonding themselves, involving ad vQ,lorem taxes. With a single exception they voted bonds so overwhelmingly as to be practically unanimous. The distinguished representative of the one exceptional county advises me that his people were not opposed to bonds but decided to await the State bond issue. So we can say that the people are overwhelmingly for road bonds. Again, I have made public addresses to citizens representative of the towns and the country in 25 counties. In 20 of these a poll was taken and the program I have submitted to you was approved by rising votes, practically unanimous-in a majority of instances not a man failing to endorse it. I haven't the slightest doubt that when it is explained that no taxes ad valorem is involved in this State issue of bonds, that they are to be retired from gasoline and tag taxes only, an overwhelming majority of the people of the State will be re.., corded in its favor. Then why should not the General Assembly allow the sovereign people of this State to vote on this state-wide question? You would by this act vindicate the democratic majority rule which is the foundation of our government. The ballot would be taken at the regular November election and would involve prac-

WEDNESDAY, FEBRUARY 24, 1926.

21

tically no expense. You are not asked to saddle a new system upon the people. You are asked simply to let the people speak for themselves declaring by their own voice whether they wish to adopt a new system. This is the only way under our law that the people can be given an opportunity to speak. Having in mass meetings in 20 counties
and in elections in 21 counties spoken so ominously and so unanimously approved the principle of bonds for roads. how can a refusal to submit the matter to the people be justified, living as we do under a government based upon the majority rule'? If back home you should feel constrained to oppose bonds you can with perfect consistency vote here to submit the issue to a vote of the majority of the people. I am not asking you to vote for bonds here and against bonds back home as a critic of mine by an unfair deduction has charged. I am asking you here as a representative of the people to vote simply and solely to submit the matter to a majority vote of the sovereign people of this State under the democratic rule leaving you perfectly free as a citizen to vote your own convictions back home. If this matter involved a moral issue or if a vicious proposition were suggested the situation would be different. The plan can not justly be termed vicious in principle when good people in every county where they have been given an opportunity to express themselves have practically unan~mously approved the principle. The plan is almost identical with that now in force in North Carolina working such unprecedented wonders in that great State and therefore it could not be vicious, and if not vicious why not let the people settle it? Year by year more and more people advocate bonds. More and more they see governmental units and commercial enterprises use their credit for great constructive programs by voting bonds. As a matter of fact this question arises every year and it will continue to arise. No question is ever settled until it is settled right and a vote expressive of the majority will is the only way it ever can be settled. Why not settle it now, once for all?

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JouRXAL OF THE SEXATE,

If bonds are not voted then we can proceed finally to establish and perfect the pay-as-you-go plan or some other plan.
Much confusion has arisen over this matter. Records, figures and deductions therefrom sharply conflicting in nature have been quoted. Unfortunately division of thought in some instances has followed the lines of past partisan and political alignments. The issues involved are far too vital in importance to be determined by any such narrow measure. The patriotic representive of the people will not become a party thereto. Eight months will elapse before the people will be called upon to vote. They can thoroughly inform themselves in the meantime. They can hear arguments of representatives of both sides of the issue. They will be given full opportunity to clear up the maze of conflicting figures, to advise with those who are really informed and make their own deductions. Then why should you deprive them of this democratic right? In the meantime no harm can come to the advocates of the pay-as-you-go plan. That system is in effect and will continue unless and until the majority of the people ordain a new system. Then can the advocates of the present plan justly complain that you propose to leave the whole matter to the people themselves'? To do so would be undemocratic in principle. If in fact roads can be graded and paved as efficiently and as rapidly under the pay-asyou-go plan as under the bond plan, the proponents of the pay-as-you-go plan will have the amplest opportunity to demonstrate the fact by November. If they can, I will gladly lead the fight to reject the constitutional amendment providing for bonds. There should be no bonds if the roads can be built as rapidly and as efficiently without bonds. But by the same token, by every principle of democracy, if it can be demonstrated that a more satisfactory system fair to every county, efficiently and economically constructed, can be provided within reasonable time limits, then the people should be given a chance to ratify the bonds. They cannot have that chance unless you by your vote

WEDNESDAY, FEBRUARY 24, 1926.

23

here submit to them the constitutional amendment now under consideration.
3. A System of Universal Education. I have presented to you the present system of highway building, a system of favoritism, a system aristocratic in sectional advantage, by inequality of location and injustice in the distribution of its benefits. We now, finally proceed to a realization that we have also endured and suffered from a system of education peculiarly alike in favoritism, a system of aristocracy as to one-half of the territory and one-half of the people of the State.
You can best approach the proper consideration of this third proposition to establish a system of universal education by providing equal educational opportunities to every boy and girl in the State by a study of the historical background, the conditions existing through the years leading up to the present educational state in Georgia. For a hundred years our people submitted to a system almost solidly aristocratic. In the seventeen eighties provision was made for a State University. The only other legislative enactment-in the eighteen thirties, establishing a meager foundation for high schools-was repealed three years later. In those first hundred years the rich man employed a tutor or a governess who became a member of the family and taught the children of the home. No provision was made even for children of the tenants on the same farm. Later high schools were established but these were located in widely distributed centers. The favored few who happened to live in these centers had access to these schools. Only the. other favored few, whose parents were able to send them to board in those distant schools, had a real chance of an education.
In 1877 the first step was taken to democratize the schools when under General Bob Toombs the Constitution provided for teaching the elementary grades. It will be noted, however, that even this constructive and democratic constitutional provision left two grievous weaknesses in the State educational system:

24

JouR:\'AL OF THE SENATE,

First, a great hiatus, a material gap, between the elementary grades and the Dni,'ersity which was bridged only in the last ten to fifteen years by the present incomplete but highly creditable high school system, the development of which will mark the history of Georgia for the past decade. But unfortunately the second great weakness yet exists and Georgia is still handicapped by that remnant, far too potent, of the original aristocratic system. Today, with isolated exceptions, we are operating our State schools under a system which provides practically every educational opportunity to one-half of the boys and girls who live in the towns and cities while practically no educational opportunity is given to the other one-half of the boys and girls who live outside the towns and cities. I propose to you that this session correct this aristocratic, unfair, unjust and undemocratic system with the least possible delay by providing equal educational advantages for the children in the country.
From the mountains of North Georgia, from the most modest of homes, from the humblest surroundings, have come down our Bleckleys, our Browns, our Bells, our Millers, our Reeds, our vVellborns, and our Truitts.
From the middle section of the State, from the same modest, humble circumstances, have come our vVilliam Henry Crawford, our John C. Fremont, our Sidney Lanier, our John B. Gordon, our Joel Chandler Harris, our Cobbs and our Lamars.
From the sandy slopes and coastal plains to the south, from like humble surroundings, have come up our LeContes, our Troupes, our Berriens, our Brantleys, our Turners, our Estills, our Pendletons and our Mclntoshs.
With a record of such illustrious heroes of war and heroes of peace, coming from humble homes, from the body of the common people, what right has any man to place his impious hand upon the tousled head of any boy anywhere in

WEDNESDAY, FEBRUARY 24, 1926.

25

Georgia, however humble hi~ circumstances, and say that that boy has not in him the making of a great man?
If education is the bringing out-the literal meaning of the word is "the drawing out"-of the good which God Almighty saw fit to put into a boy, what right have we, what code of morals can justify us, to continue to submit one moment longer to a system of laws which gives to onehalf of the boys and girls who live in the towns and cities practically every educational opportunity to develop but which gives to the other one-half of the boys and girls who happen to live outside the municipalities practically no opportunity to develop the good which Almighty God saw fit to put into them?
Speak in terms as extravagant as you will of the untold physical wealth, the unlimited natural resources or the unequalled climatic advantages of Georgia, our greatest assets are still the brains and hearts of our Anglo-Saxon children, the man power of the future, one-half of which like our natural resources are undeveloped, going to waste!
If there be found one Georgian to whom these humanitarian sentiments, these spiritual values do not appeal; let me say to him that even the lowest, the meanest, the mercentary, the dollars and cents values should lead him to support this proposition of universal education.
Recently I had an opportunity which I long had sought, to drive with a friend through New England. I had wanted to know how those down-east Yankees live. I need not remind you that those people are not only intelligent but they are practical and successful in business, Do you know what was the most significant observation of that entire trip? It was that without exception, in every municipality, village, town, small city and large city, the best located, the best built, the best equipped and the best maintained buildings were the school buildings. An eminent industrial leader of New England is quoted by a reliable authority as saying that the manufacturers of the North recognize the tremendous natural advantages enjoyed by the South

26

JouRXAL OF THE SE~ATE,

and realize that their only hope of competing successfully with the South in the future is to educate the coming generation a step ahead of the people of the South.
Still addressing ourselves to the man of mercenary motives, let us carry him up to the North and let him find the line separating Georgia from North Carolina. South of that line is a series of towns, Blue Ridge, Blairsville, Young Harris, Hiawassee and Clayton,-towns of good people-the best in the world-brave, patriotic, hopeful people-towns which will come but now small and with few civic improvements. Go to the North only a few miles and what do you find? Murphy, Franklin, Hendersonville, Asheville, cities more remote from centers of population and commerce, but thriving, prospering, glowing with electric lights, paving, sewers, every modern civic improvements, with farm lands selling five times as high as the same type of lands south of the State line. And how is the difference explained? With the Georgia side far better located, in one-day auto drive of the millions of wealthy pleasure seekers of Florida, with the same marvellous scenic beauty with the same unequalled mountain climate, with purest water, the most invigorating atmosphere, with every natural advantage-there can be but one answer-the difference is good schools and paved roads!
The representative of a large insurance company reports only one foreclosure out of loans of millions on farm lands in North Carolina in 1925.
Let our mercenary friend make a map of any county; call in the Solicitor General; have him place a painted pin at the site of the crime represented by each bill of indictment pending in that county and invariably those pins will clutter about that section of the county where the schools and the churches are least efficient. Go to the source of crime; drive out ignorance and superstitution and prejudice; train the youth to think straight, to respect the churches, the courts, the law; then you will reduce

WEDNESDAY, FEBRUARY 24,1926.

27

crime; you will reduce your court trials, you will reduce your expenses and you will reduce your taxes!
In this hour which should be freighted with the most serious solemnity for us all, I hear ringing down the centuries that age old question: "Where is thy brother?'' To our forefathers, who pledged in blood an equal opportunity for all, this body of Georgians in legislative assembly today must answer as representatives of our people. Far too many sons of our State are in the coves of the mountains of North Georgia, hemmed in by mud-bound roads with little or no school advantages; far too many others are sluggishly existing on the slopes and plains below with undeveloped brains of unknown potentiality going to waste; some have recently mounted the gallows-sent into the beyond, ignorant specimens of humanity, unreached and untaught. Others are filling our jails, clogging our courts, straining the walls of our detention homes, and over-crowding our penitentiary system. From the executive branch of the State I appeal to the legislative body of my fellow Georgians and beg that you do not evade this momentou:> question with the age-old shifting of responsibility: "Am I my brother's keeper?". Instead may you treat with scorn any attempt to further delay the march of educational progress in our great State.
We must provide this universal system of education, we must have high class schools in the country ab well as in the towns, if we save Georgia! While the development of our hydro-electric power promises the very brightest industrial future for Georgia, this State is still, and, in my judgment, will continue to be essentially and primarily an agricultural state. If developed to its destined place we must preserve its agricultural interests. If I would build up any town in Georgia I would first go out and build up the agricultural interests of the territory around that town. To be more specific I would first go to the County School Superintendent and ask for a map of the county. I would ask him to draw the lines of the districts already pro-

28

JouRNAL OF THE SENATE,

vided with efficient schools; I would then ask him to locate on the map lines of districts where consolidated schools \vere needed and I would go out of that office and never rest till those consolidated schools were established, until every boy and every girl in that county were given access to one of those nine-months high grade schools.
Again I say if Georgia is to remain the "Empire State of the South" \vithout a moment's delay we must set about reversing the current which started some years ago, that current of education of the boys and girls from the farm to the town and city. And how is this to be done? Let u:; examine present conditions of average farm life. What advantages are enjoyed by the farmer of today'? He has at least a chance of a daily mail-if it does not rain and the mail-carrier is not stuck in the mud. He has a chance of a telephone, of the radio, of some kind of lighting system and some kind of water system. Now add to these the two modern c01weniences, the two essentials to modern home-life for which I am appealing and you will permanently reverse that false current and begin to educate the children from the cities and the towns back to the farm.
And now we come to the moraland the spiritual valuesthe soul of the man-power of the future. With supreme reverence I assert that God established civilization upon the foundation of the home and when he founded that sacred shrine, the home, he ordained that a Christian mother and a godly father could raise their own children in the curtilage of their own home, by their own fireside better than in any boarding school or in any home of relative or friend in any town or city. I submit that it is the inalienable right, the right ordained of God, of every child to be raised in its own home, around the knees and under the inspiring hands and the sacred touch of its own mother about her own hearth-stone without penalizing that child by depriving it of a fair chance of an education. I assert with all the earnestness of my soul that any system of laws which robs any child of that natural right of living in its

WEDNESDAY, FEBRUARY 24, 1926.

29

own home, deprives it of the enjoyment and the inspiration of the sacred sentiments and traditions of home life and sends that child out into the world of boarding life or imprisons that child for life in the shackles of ignorance, superstitution and prejudice, is an unjust, undemocratic, aristocratic and poisonous system which every patriotic citizen should join in correcting without another hour's delay.
Then give to farm life access to a school system, the equal of that of the towns, place every boy and every girl in reasonable walking distance of a consolidated school or a bus-line to that school; let them live at home and get an education, give them the modern, twelve months dependable highway system over which they can be carried safely and economically to those centralized schools, giving them reasonable access to and contact with their friends more favorably located, contact with inspirational addresses, elevating lectures, uplifting musical concerts, informative moving pictures, recreational games and contests-in other words, give them a chance to live"'in a modern progressive atmosphere and enjoy the comforts, the conveniences and inspiring blessings of modern life-give them such a chance and you'll start the current from the city and the town back to the country and you'll save the country, you'll save the town, you'll save the city and you'll save the State!
Ladies and gentlemen of the General Assembly, I could multiply the argument till sundown but to add another word would insult your intelligence.
Many of you are Master .Masons. In all the realms of literature, aye, in all the sphere of imagination, no more striking spectacle, no more impressive lesson can be found than that first lesson in that first degree of .Masonry which teaches that all mankind comes into this world on a level plane. The spirit of Masonry demand an equal chance for every boy and every girl.
And call the roll of all other fraternal orders, Rotary,

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JouRNAL oF THE SENATE,

Kiwanis, Civitan, Lions, Exchange and the rest-all with mottoes in different words but with the same substantial objective--the service of thEt underprivileged fellowman. The spirit of every such club and every other fraternal organization demands an equal chance for every boy and girl!
The law of our land was founded on the Constitution and that Constitution was founded on the Declaration of Independence. The first expression of that immortal charter of human liberty, declares that "all men are, and of right ought to be, free and equal." The spirit of the law demands an equal chance for every boy and girl!
The Church of God, to which most of us belong and for which I trust all of us have supreme respect, the religion of Jesus Christ, is founded on the golden rule. "That which ye would that others should do unto you, do ye likewise unto them." The spirit of Almighty God demands an equal chance for every boy and girl.
Any man blessed with unusual advantages who is unwilling to share those advantag~ with his underprivileged brother is unworthy even the name of man!
Along with this system of consolidated schools must go the other elements of equal importance in the well-rounded educational program. We would be wasting millions of money if we establish the system of centralized schools and do not provide for an adequate supply of competent, trained and consecrated teachers for thei"e schools. This means that we must enlarge and better equip our Normal colleges. We must train our boys to develop the untold natural resources of the State and that means that we must enlarge and better equip our great School of Technology in Atlanta and the technical departments of other schools. We must build a great university at Athens to train and develop leaders of thou~ht and public sentiment to maintain a great State after we have builded it. vVe must foster the agricultural interests, the foundation of our business system, by training our farm boys to combat and conquer

WEDNESDAY, FEBRUARY 24, 1926.

31

the modern enemies of modern agricultural and that means that we must enlarge and better equip the State Agricultural College and the District Agricultural schools. We must train our girls in the cultural arts as well as in domestic science and home economics for true womanhood in modern life and this means that we must make ample provision for the girls' colleges. Thus we approach the scientific, unified, well-rounded educational system from the public schools to the university, and for such a unified system, with its preservation of American ideals, every loyal son of this Southern State should bend his highest efforts to-day, now! Shame upon the voice that cries "delay!"
The establishment of better schools and better roads will inevitably be followed by a demand for better health. The efficiency of the man-power of the State is reduced one-third by sickness, two-thirds of which is preventable; malaria, dengue, hook-worm, typhoid, tuberculosis must be reduced to a minimum. The economic loss from preYentable diseases measured in dollars is stupendousmounting into millions annually.
Will you follow me in this last argument as I present to you the deliberate conclusion of the best thought of which I have been capable, the profoundest thought of my official life. I ask that you do not commit yourself now on this; Sleep over it; give it the maturest reflection and make your response as the roll is called on the several items of the program.
The eyes of the world are on the South; the current of population and business development is now running this way. The business world is a unit on that score; thousands of good people are coming to the South each week. Then consider the effect if you could truthfully advertise to the world that Georgia had actually adopted the constructive program now submitted, if we could capitalize this opportunity of opportunities for Georgia, this the psychological hour in all its history, if we could challenge the attention

32

JouRNAL OF THE SENATE,

and arrest the interest of the world in Georgia's uRequalled advantages. Let's see just what we could now truthfully advertise. First, that Georgia is the greatest in area of any State in the Union; that Georgia has the very finest climate of any State in the Union; a State free from the extremes of heat to the South and the extremes of cold to the North; a State which on the hills to the north raises apples which take the prize at the Spokane Washington apple shows; which on the coastal plains to the south raises Satsuna oranges and other tropical fruits and \vhich on all the slopes between raises every agricultural product in profusion unequalled even by California; with a practically twelve-months agricultural and pasturage year; a State with 23 of the 26 types of soil, more than any other State; with 45 of the 52 merchantable minerals, more than any other State; with hydro-electric power going to waste; with a long coastal shore line of unparalleled beauty and unexcelled utilitarian potentialities of fish and oyster and other industries of the sea; with scenic beauty in the mountains to the north majestic and sublime, with the most salubrious atmosphere, the best water, and above all and over all, the purest Anglo-Saxon blood of any State in the Union! Now, ladies and gentlemen, in the calmest deliberation, assume that we could truthfully add to these glories of a land blessed of God as no other land the three elements of the program you have before you; suppose that it should be announced to the world that Georgia, the State which has been slandered in the four-quarters of the earth as a State benighted, a State of narrow provincialism, that that Georgia, through its General Assembly in the good month of March, 1926, had made ample provision for a system of education under which a settler could establish a home even in the remotest section of the remotest county with a nine-months high grade school accessible to his children and a unified well-rounded educational system from the public school to the university for their
further advancement; that the same general assembly had
made ample provision for a modern, dependable state

WEDNESDAY, FEBRUARY 24, 1926.

33

wide system of connected paved highways to be completed in from five to seven years and laid the foundation for a modern health department reducing disease and sickness to a minimum-tell the world that Georgia had adopted that constructive and progressive program and no power on earth could keep an army of good citizens from other far less favored states from coming here to make their homes and to join us in making Georgia the greatest State in the Union! I measure my words when I state as a deliberate conclusion that the same program announced by North Carolina five years ago has been worth in advertisement to that State the 85 millions of dollars involved in its first bond issue. I state without hesitation as the profoundest conviction of my life that the announcement within the next thirty days of such a program of construction in Georgia would be worth 85 millions to this State even if the expenditure of that sum carried no other intrinsic value and no class of men would profit more by this advertisement th~n would the farmers of Georgia!
Georgia is grievously handicapped by an aristocratic system of laws covering the three great governmental elements of taxation, highways and education, those civic subjects of more potential possibilities than all others combined. .vVe suffer from a system of favoritism, an aristocracy in taxation, under which one-half of the people and one-half of the property pay all taxes, while the other half of the people and the other half of the property, the privileged half, enjoy all the privileges of government but escape taxation entirely. I call you all to witness that this administration has exhausted all honorable means, has exerted every possible effort to induce this legislative body to relieve the suffering people of this burden.
No one questions the aristocracy of an educational system, a system of favoritism, under which one-half of the boys and one-half of the girls, the privileged half, are given almost every educational opportunity, while the other half are given practically none.

34

JouRNAL OF THE SENATE,

And just as perfect an aristocracy of transportation is our system of favoritism in highway construction under which the favored few counties, whose wealth and taxable values will stand local bond issues are hastening into line to qualify for the 75 per cent aid in the .cost of construction of paved highways from Federal and State aid funds, making no provision for the less fortunate counties, the unfavored majority of counties, which have not qualified and which from lack of taxable values never can qualify, to share equally these funds.

So clear is this aristocracy of favoritism, so marked, so unjust are these governmental inequalities, that as year by year legislatures come and turn deaf ears to the pleas of governors who are sincerely interested in the progress of State; as well-meaning and honest representatives of the very people and the very counties which suffer most, and in number sufficient to carry the balance of power, allow themselves to be confused by the studied tactics of the enemy, the big tax-payers and special interests with their highly-trained, soft-speaking and alluringly amiable legislative agents, by the multiplied amendments of over-zealous friends-confused by the specious arguments of over-eager partisans, with their pride of authorship, jealous of their political fences-partisans who refuse to "give and take" with statesmanlike regard for the views of others, confused by the jealousy between the House and Senate, almost continuous and highly discreditable-as year by year this well-meaning balance of power allows itself to be thus confused and thus fails to give relief to the underprivileged half of the people who continue to bear the burdens of an aristocratic government, many men of thought are losing respect for the legislative branch of that government. Most of the opposition to the calling of an extra session was based upon this idea-the oft repeated thought that the Legislature would do nothing if it were assembled. More and more is heard the expression that representative government is falling down; that if this general assembly, con-

WEDNESDAY, FEBRUARY 24, 1926.

35

vened at a period of perfect tranquility, when no local, partisan or political issues should confuse, with only three subjects to consider, with only three problems to solve, should fail to give relief to the suffering people; if the brain and the patriotism of this legislature, unequalled, as it is, in personel by any of its predecessors, is incapable of solving these three problems and of working out a plan of relief, then it should solemnly resolve to go back home with an open confession, that representative government had in fact broken down.
Relying only on the power of logical reasoning, of cooperative and constructive advice, I approached your body in the regular session with an appeal for the abolition of the aristocracy in taxation, presenting for your consideration the views of the leaders in business and industry, successful men of affairs whose counsel I believed would be of material assistance to you. In approaching your body with this last appeal for the abolition of the aristocracy in education and the aristocracy in highway construction, I have been mindful that the people must ratify both measures of reform and I have therefore been constrained to confer directly with the people. I have gone out in person to every section of the State and discussed this program of universal education and fairly distributed modern highways to be built in every county within the earliest possible time consistent with economy and good business judgment. Wherever I have gone, with the exception of four or five places where embarrassing poiitical or other peculiar conditions exist, I have polled the people present and without a single exception when given an opportunity the people have endorsed this program by a practically unanimous vote, in most cases the vote being absolutely unanimous. In 21 counties the people have voted practically as overwhelmingly to bond themselves for paved highways. ,
I have no hesitancy in concluding that when given an opportunity the people of the entire State will vote over-
~N~,;;_ i..lBRARY
UNIVERSITY OF GEORGIA
ATHENS. GEORGIA

36

JouRNAL OF THE SENATE,

whelmingly to endorse the program of universal education and highways. Are you willing to give them that opportunity? Can you afford not to give them that chance?
Personally. I have not the slightest doubt that the reforms submitted to you will be enacted into law. The only question is shall they be delayed while Georgia loses the golden opportunity to capitalize the psychological conditions so gloriously favorable at this moment, those conditions which our neighboring States are capitalizing every hour? Is it possible that there is a single Georgian here who amid these God-given opportunities of development and progress will consent to leave here without capitalizing these wonderful opportunities simply because the suggestion comes from the present Governor? If so, as another has said, the tragic joke will be upon the people of Georgia, upon the children, born and unborn, for this program presents no plan of mine; it is a program born twenty-five years ago in the mind and heart of that great educational governor of North Carolina, Governor Aycock, in whose administration a new, modern schoolhouse was built for each day of that administration; it is the program which in 25 years has brought North Carolina from the most backward, darkened State, the 11Tar Heel State," to be the most enlightened, the most progressive and the most prosperous State in all the South; it is the program which in substance was approved by the Georgia State Teachers Association before the present executive was thought of for Governor.
My confidence in the coming of a day of real democracy in Georgia, a democracy of equality in education, in transportation and in taxation, is not disturbed by carping criticisms. I recall that Governor Aycock too was denounced as visionary, as a Don Quixote, as the Mussolini of his day. And yet to day the most prominent monument in all Caro-
lina standing on the crest of the Capitol Hill at Raleigh,
honors the name of Aycock, the best beloved name in the old North State and as in North Carolina along with his

WEDNESDAY, FEBRUARY 24, 1926.

37

the names of those educational leaders, Melve.r and Alderman, have gone and will go sounding down the annals of time so in Georgia the names of those educational statesmen and progressive teachers who have fixed the ideal and established the goal of a unified well-rounded educational system with a foundation in a consolidated high-grade nine-months school in reach of every boy and girl in Georgia, their names will be honored and revered in this great State when the names of carping critics and technical objectors have long been forgot~en!

Yes, the day of democracy is coming! I have seen the dawn of that day as I have gone about over the State! If carping critics and re-actionary objectors will leave their steam-heated offices and their comfortably appointed homes, enjoying the blessings which followed their college diplomas, forego for a time their closed cars on their paved highways, and go with me, they too will catch a vision of that dawning day! They may be disturbed by the sight of women and children in distress along the road-side while their less favored fellow man struggles to get out of the mud; their aristocratic habits may possibly be shaken for a moment at least by a view of the other half of the world, that half living in the remoter sections with no highways, with one-room three months schoolhouseS and little if any real educational advantages for their children. But I'll show them a vision! Go with me to the most distant counties, Camden and Charlton, with the smallest taxable values, with inadequate buildings and insufficient equipment, yet with all their schools consolidated, with a highgrade nine-months school in reach of every boy and girl. Go with me to that other distant county, Decatur, that royal county of real democracy, which has already builded and equipped a brick, modern, up-to-date, nine-months high-grade school in every militia district of that county. Go to Hart county and to Sumter and to Glynn and to Bibb and to Troupe and to Lee and to Bulloch and to other com.ties which are rapidly approximating that goal; go

38

JouRNAL OF THE SENATE,

with me over the State and catch the vision of the army of tens of thousands of sons and daughters of patriotic Georgians, already mustered in for future service in the battle against aristocracy; listen to the ominous foot fall of that army already on the march from the one-and-two room schoolhouses to the consolidated school and from the consolidated school to the high school. In five years that army will begin to reach college and burst as under the walls of every college building in this State, now already crowded. In ten years or .less that army will reach this building, it will storm these walls; in grateful acknowledgment of the -opportunities they have enjoyed, in the name of the Democracy we profess, they will demand that equal opportunities of an education be given their less fortunate under-privileged neighbors back home, that equal rights be accorded every class and every section in taxation, in highways and in education. No carping critic will be here then. Truth will be here and justice will be here and victory will be here, for "thrice armed is he who hath his quarrel just." The people of Georgia are rapidly coming to see that no community is stronger than its weakest home; that no county is stronger than its weakest community; that no State is stronger than its weakest county. Our people are developing a State pride.
Yes, the day of democracy, of real democracy, has dawned. The question of this hour and the only question which disturbs me is, shall this legislature, shall you have a part in that glorious consummation? Shall that day come in full meridian in our administration or a later?
If it does not, I call High Heaven to witness it will not be my fault!
Yes, that day is coming. May it come in your day and mine! Full opportunity will be given each of you to make your contribution to its early coming as after a few days you will be privileged to vote for constructive measures which will finally break the shackles of aristocracy which

WEDNESDAY, FEBRUARY 24, 1926.

39

have long fettered our beloved State. The list of those so voting will be a list of immortals! It will constitute a roll of honor, a roll of duty, a roll of freedom! In the name of Georgia, in the name of a greater Georgia, in the name of the Georgia of Hill and Toombs and Stephens and Grady, in the name of the unborn children of Georgia, I call you, each one of you, to inscribe your name upon it!
Atlanta, Ga., February 24, 1926.

CLIFFORD wALKER,
Governor.
Upon motion of Senator Sapp of the 43rd, the joint session was dissolved, and the Senate returned to the Senate Chamber.
The following resolution was read and adopted:
By Senator Moye of Eleventh-
Privilege Resolution. Whereas, the distinguished Senator from the Eighteenth District has, after several months of courting, in the City of Chattanooga, in our adjoining and sister state, Tennessee, been most successfully rewarded for his earnest, faithful and pathetiC' pleadings, by winning his coveted prize; and
Whereas, his success has brought about closer ties between the State of Georgia and the City of Chattanooga and State of Tennessee, notwithstanding the vast differences existing over Georgia's State Road Terminals in that city, and
Whereas, this extraordinary success of the Senator of the Eighteenth has brought about an Extraordinary condition in this body of having two Senators from that District, for the Extraordinary Session of this body, therefore be it resolved:

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JouRNAL oF THE SENATE,

(1) That the colleagues of the Senator from the Eighteenth rejoice with him over his great success and take this method of extending him our very hearty congratulations, and that the future shall have in store for him and Mrs. Peebles an abundance of happiness, usefulness and success;

(2) That the courtesies of the floor of the Senate be and the same are hereby extended to Mrs. Peebles during her stay in the city.

Senator Sapp of the 43rd moved that the Senate do now adjourn until to-morrow morning at 11 o'clock.

The motion prevailed.

The President declared the Senate adjourned until tomorrow at 11 o'clock A.M.

THURSDAY, FEBRUARY 25, 1926.

41

SECO:t-.TD DAY

Senate Chamber, Thursday, February 25, 1926.

The Senate met pursuant to adjournment this day 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 thir names:

Andrews, E. E. Bell, W.L. Boykin, Shirley C. Carlisle, Ira Carr, Milton B. Carswell, Dr. H. J. Clary, E. D. Clement.s, J. B. Clifton, J.D.
Cole, E. D. Cole, R. D. Collier,J.C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y.

Hayes, W. C. Hendrix, W. C.
Hug~H.L.D.
Hutcheson, J. R. Johnson, L. F. Knight, P. T. Knox, Gordon Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I. Memory, 9. Forster Middleton, D. S.
Miller, A. L. Morgan, S. H. Moye,lL L. McGregor, J. M. D. McKenzie, C. M.

Neal, Benj. F.
Norma.n, lL L. Owen, C. F. Parker, Jos. H. Peebles, I. 8., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Peacock, J.P. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Stevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B. 1\[r. President.

JOURWAL OJ' THE SENATE,
The Senator from the 43rd, Mr. Sapp, asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with. The consent was granted.
The Journal was confirmed.
The Senator from the 6th, Mr. Knight, asked unanimous consent that the Senate recess for fifteen minutes, in order that certain standing committees of the Senate might reorganize for the transaction of business. The consent was granted, and the President declared a recess.
The Senate reconvened at 12:05 o'clock, and was called
to order by the President.
The following bills were introduced, read the finlt time and referred to committees:
By Senators Dixon of the 17th and Miller of the 7th-
Senate Bill No.1. A bill to amend Paragraph 1, Section 12, Article 7, of the state constitution, by providing for a bond issue for the purpose of the prompt payment of public school teachers.
Referred to the Committee on Constitutional Amendments.
By Senators Knight of the 6th, Clements of the 45th, Boykin of the 37th, and others-
Senate Bill No. 2. A Bill to authorize and require the Legislature to make an extra appropriation to the common school fund for the purppse of equalizing educational opportunities to the children of the several counties of the state.
Referred to the Committee on Education.

THURSDAY, FEBRUARY 25, 1926.

43

By Senators McGregor of the 15th, and Carswell of the 5th-
Senate Bill No. 3. A Bill amending Section 67 of the Georgia School Code so as to make the school year be from July 1st to the next June 30th, inclusive, beginning with July 1, 1927.

Referred to the Committee on Education.

By Senator Maddox of the 26th-
Senate Bill No. 4. A Bill proposing an amendment to Secti.on 3, Article 7 of the State Constitution so as to permit the issuance and sale of bonds the proceeds thereof to be expended, under the approval and direction of a Highway Bond Commission, for the purpose of building, improving or paving a system of State Aid Roads.

Referred to the Committee on Constitutional Amendments.

The following bill was also introduced, read the first time, and referred to a committee:

By Senator Harrell of the 12th-
Senate Bill No. 5. A Bill to permit municipal or local independent systems to repeal their independent systems and to merge into the county school system; and for other purposes.
Referred to the Committee on Education.

The following resolution was introduced under unanimous consent and read:
By Senator Guess of the 34thSenate Resolution No. 4. A Resolution expressing the

44

JouRNAL OF THE SENATE,

endorsement of the State Senate to the movement being conducted by the Fitzhugh Lee Camp No. 6 and the Theodore Roosevelt Camp No. 8, United Spanish War Veterans, to secure the erection in Atlanta of a National Soldiers and Sailors Home for veterans of all wars; and also expressing the approval and interest of this body in the legislation now pending before the National Congress to have said Home erected here; and for other purposes.

The resolution was adopted.
Senator Harrell of the 12th asked unanimous consent to introduce a resolution. The consent was granted. The following resolution was offered and read:

By Senators Harrell of the 12th, and Hutcheson of the 39th-
Senate Resolution No. 5. A Resolution extending to Ron. A. H. Thompson, of LaGrange, Ga., an invitation to address the State Senate on Tuesday, l\1arch 2, on the question of Pay-As-You-Go Highway Legislation.

On the adoption of the resolution, Senator Knight of the 6th called for. the ayes and nays. The call was sustained:

Upon the call of the roll, the vote was as follows, to-wit:

Affirmative-
Bell, W. L. Boykin, Shirley C. Carr, Milton B. Carswell, Dr. H. J. Clary, E. D. Cole, E. D. Cole, R. D. Collier, J. C. Foster, A. G.

Harrell, G. Y. Hayes, W. C. Hutcheson, J. R. Johnson, L. F. Luttrell, J. A. Matthews, Dr. Joe I. Middleton, D. S. Moye, R. L. McGregor, J. M. D. McKenzie, C. l\1.

Parker, Jos. H. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B.

THURSDAY, FEBRUARY 25, 1926.

45

Negative-

Carlisle, Ira Clifton, J. D. Dixon, J. A. Guess, Carl N. Hendrix, W. C.

Hughes, H. L. D. Knight, P. T. Maddox, A. K. Memory, S. Forster Miller, A. L. Morgan, S. H.

Norman, R. L. Owen, C. F. Peacock, J. P. Sapp, W. M. Stevens, C. 0.

Ayes 29, Nays 16.

Upon the call of the roll, the Ayes were 29 and the Nays 16.
The resolution having received the requisite constitutional majority was therefore adopted.

Senator Knight of the 6th served notice that at the proper time he would move to reconsider the action of the Senate in adopting this resolution.

Senator Knight of the 6th moved to reconsider the action of the Senate in adopting the resolution. On the motion to reconsider, the Ayes were 16 and the Nays were 25. The motion having failed to receive the requisite constitutional majority was therefore lost.

Senator Knight of the 6th moved that the Senate do now adjourn until tomorrow at 11 o'clock A.M. The motion prevailed.

The following communication was read by the Secretary:

Hon. J. Howard Ennis, Georgia Senate, Atlanta, Ga.

Please accept my heartiest wishes and express my kindest regards to the members of the Senate.
Dr. W. C. Williams, Jr.

The President declared the Senate adjourned until tomorrow at 11 o'clock A.M.

46

JouRNAL OF THE SENATE,

THIRD DAY

Senate Chamber, Friday, February 26, 1926.

The Senate met pursuant to adjournment at 11 o'clock A. M., and was called to order by the President Pro Tern, Senator Dixon of the 17th.

Prayer was offered by the chaplain.

Upon the call of the roll, the following Senators answer. ed to their names:

Andrews, E. E.
Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carr, Milton B. Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, E. D. Cole, R. D. Collier, J. C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y. Hayes, W. C.

Hendrix, W. C.
Hughes, H. L. D.
Hutcheson, J. R.
Johnson, L. F.
Knight, P. T.
Knox, Gordon
Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I. Memory, S. Forster Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. McGregor, J. M. D. McKenzie, C. M. Neal, Benj. F.

Norman, R. L. Owen, C. F. Parker, Jos. H. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Peacock, J. P. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Stevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B.

The Senator from the 7th, Mr. Carlisle, asked unanimous consent that the reading of yesterday's journal be

FRIDAY, FEBRUARY 26, 1926.

47

dispensed with. The Senator from the 49th objected. The journal was tead by the Secretary.

The journal was confirmed.

The Senator from the 6th, Mr. Knight, asked unanimous consent to have the following bills withdrawn from the Committee on Education, read a second time and recommitted:

By Senators Knight, Clements, Boykin and others-
Senate Bill No. 2. A Bill to authorize and require the legislature to make an extra appropriation to the Common School fund for the purpose of equalizing educational opportunities to the children of the several counties of the State.

By Senators McGregor and Carswell-
Senate Bill No. 3. A Bill to amend Section 67 of the Georgia School Code so as to make the School Year be from July 1st to the next June 30th, beginning with July 1st, 1927, and for other purposes.

By Senator Harrell of the 12th-
Senate Bill No. 5. A Bill to permit municipal or local independent school systems to repeal their independent systems and to merge with the county school system, and for other purposes.
The consent was granted, and the bills were withdrawn from the committee, read a second time, and recommitted.

The Senator from the 6th District, Mr. Knight, moved that the Senate do now adjourn until Monday morning, March 1st, at 11 o'clock A. M. The motion prevailed, and the President Pro Tern declared the Senate adjourned until Monday morning at 11 o'clock.

48

JouRNAL oF THE SENATE,

SIXTH DAY

Senate Chamber, Monday, March 1st, 1926.

The Senate met pursuant to adjournment at 11:00 o'clock A. M., and was called to order by the President Pro Tern, Dixon of the 17th.

Prayer was offered by the Chaplain.
Upon the call of the roll, the following Senators answered to their names:

Andrews, E. E. Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carr, Milton B. Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, E. D. Cole, R. D. Collier, J. C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y.

Hayes, W. C. Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Knox, Gordon Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I. Memory, S. Forster Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. McGregor, J. M. D. McKenzie, C. M.

Neal, Benj. F.
Norman, R. L.
Owen, C. F.
Parker, Jos. H.
Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Peacock, J. P. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Stevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B.

The Senator from the 50th, Senator Stevens, asked unanimous consent that the reading of yesterday's Journal be dispensed with. The consent was granted.

MoNDAY, MARCH 1, 1926.

49

The journal was confirmed.

The following Resolutions were read and adopted:

By Senator Moore of the 11th-
Senate Resolution No. 6. Resolved, that the Senate hereby extend to our colleague and friend, Senator B. F. Neal, of the Thirteenth District, our sincere and tender sympathy in the passing of his good father, and welcome his return for the deliberations of this extraordinary session.

By Senator Wellborn of the 40th-
Senate Resolution No.7. Resolved, That the privileges of the floor of this Senate be extended to the Honorable ,V, E. Candler of Blairsville, Georgia, he being an ex-Senator of the 40th District, and, also, a member of the House.

By Senator McGregor of the 15th-
Senate Resolution No.8. Resolved, That the privileges of the floor of this Senate be extended to the Honorable Clifford McBride of Alston, Georgia, during his stay in the City.

Under the regular order of business, the President Pro Tern called for a report from the standing committees.
Mr. Knight of 6th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee on Education have had under consideration the following Bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.

50

JouRNAL oF THE SENATE,

By Knight of 6th, Clements of 45th Districts and others-
Senate Bill No.2. To authorize and require the legislature to make an extra appropriation to the common school fund for the purpose of equalizing educational opportunities to the children of the several counties of the State.

By McGregor of 15th and Carswell of 5th Districts-
Senate Bill No. 3. To amend Sec. 67 of Georgia School Code so as to make the school year be from July 1 to the next June 30, inclusive, beginning with July 1, 1927.

Respectfully submitted, P. T. Knight, Chairman.
February 26, 1926. J. B. Clements, Secretary.

Senator Knight of the 6th moved to postpone the reading of Senate Bill No. 2, which is a Bill to authorize and require the Legislature to make an extra appropriation to the common school fund for the purpose of equalizing educational opportunities to the children of the several counties of the State, and Senate Bill No. 3, which is a Bill, to amend Section 67 of the Georgia School Code so as to make the school year be from July 1st to the next June 30th, beginning July 1st, 1927; and for other purposes, until immediately after the confirmation of the Journal to-morrow, Tuesday, March 2nd, 1926, one to be taken up in immediate succession.
The motion prevailed.
Upon motion of Senator Knight of the 6th, the Senate went into executive session at 11:15 o'clock, A.M.
The executive session was dissolved at 11:25 o'clock A.M.

MONDAY, MARCH 1, 1926.

51

Mr. Morgan of the 1st moved that the Senate do now adjourn, untilll:OO o'olook to-morrow morning, Tuesday, March 2nd, 192ft

The motion prevailed.

The President Pro Tern declared the Senate adjourned until to-morrow at 11 :00 o'clock A. M.

52

JouRNAL oF THE SENATE,

SEVENTH DAY

Senate Chamber, Tuesday, March 2nd, 1926.

The Senate met pursuant to adjournment at 11:00 o'clock A. M., and was called to order by the President Pro Tern, Senator Dixon of the 17th.

Prayer was offered by the Chaplain.

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

Andrews, E. E. Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carr, Milton B. Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, E. D. Cole, R. D. Collier, J. C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y.

Hayes, W. C. Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Knox, Gordon Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I. Memory, S. Forster Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. McGregor, J. M. D. McKenzie, C. M.

Neal, Benj. F. Norman, R. L. Owen, C. F. Parker, Jos. H. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Peacock, J. P. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Stevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B.

Senator Andrews of the 31st, Chairman of the Committee on Journals, reported that the Journal of the preceding day's business had been read and found correct.

TuESDAY, MARCH 2, 1926.

53

Senator Sapp of the 43rd asked unanimous consent that the reading of yesterday's Journal be dispensed with.

The consent was granted.

The Journal was confirmed.

The following Bills and Resolutions were introduced, read the first time, and referred to Committees:

By Senator Wilkerson of the 49th-
Senate Bill No. 6. A Bill to be entitled an Act to authorize and require the Legislature to make an appropria~ tion annually from the Common School Fund, designated as an equalization fund; and for other purposes.

Referred to the Committee on Education.

By Senator DeLaPerrierre of the 33rd-
Senate Resolution No. 9. A Resolution memoralizing Congress, relating to Muscle Shoals.

Ordered to lay over one clay.

By Senator Collier of the 22nd-
Senate Bill No. 7. A Bill to increase the tax of 3V2
cents per galloi.1, levied on fuel distributors, to 41;2 cents per gallon; and for other purposes.

Referred to Committee on Finance.
By Senator Morgan of the 1st-
Senate Bill No.8. A Bill to amend Article Seven, Section Seven, Paragraph One of the Constitution of the State of Georgia, as amend2d, by adding thereto the following words: Provided, the County of Chatham, in this

54

JouRNAL OF THE SENATE,

State, can issue and sell, from time to time, bonds for the preparing and for the paving of Victory Drive.

Referred to the Committee on Constitutional Amendments.

Senator Keal of the 13th offered the following Privilege Resolution:

Resolved that the privileges of the floor of this Senate be extended to the Honorable John Guerry of Montezuma, while he is in the City.

Mr. A. H. Thompson, Engineer, of LaGrange, Georgia, by invitation extended in Senate Resolution No. 5, addressed the Senate on the subject of the pay-as-you-go plan.

Under the regular order of business, Mr. Knight of the 6th moved that the rules governing the session of 1925 be adopted for this extraordinary session.

. The motion prevailed.

Senator Knight of the 6th moved that the Senate do now adjourn.

The motion was lost.

Senator Harrell of the 12th moved that the Senate do now adjoun1 until 11:00 o'clock to-morrdw morning.

The motion prevailed.

The President Pro Tern declared the Senate adjourned, until to-morrow morning at 11:00 o'clock.

WEDNESDAY, MARCH 3, 1926.

55

EIGHTH DAY

Senate Chamber, Wednesday, March 3rd, 1926.

The Senate met pursuant to adjournment this day at 11:00 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:

Andrews, E. E.
Bell, W. L.
Boykin, Shirley C.
Carlisle, Ira
Carr, Milton B.
Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J.D. Cole, E. D. Cole, R. D. C?llier, J. C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y.

Hayes, W. C. Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Knox, Gordon Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I. Memory, S. Forster Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. McGregor, J. M. D. McKenzie, C. M. Neal, Benj. F.

Norman, R. L. Owen, C. F. Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Stevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B. Mr. President.

Senator Sapp of the 43rd asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with.

56

JouRNAL OF THE SENATE,

The consent was granted.

- The Journal was confirmed.
The following Resolution was read:

By Senator Foster of the 28th:
Senate Resolution No. 10. Whereas, The Senate desires all possible information upon the vitally important subject of highways, be it

Resolved, That Judge Harry B. Reed, Judge of the Superior Courts of the Waycross Circuit, be, and he is hereby invited to address the Senate, to represent the views of the advocates of a State bond issue, for the construction of a State system of paved highways, at eleven o'clock, on Thursday, March 4th, 1926.

The Resolution was adopted.

The following Resolution was read the :first time:

By Senator Miller of the 9th-
Senate Resolution No. 11. A Resolution requesting His Excellency the Governor, to amend his call of the extraordinary session so as to permit the General Assembly to enact any laws in reference to the State Highway Department, amending the present highway system for the State.
Referred to the Committee on Highways.
The following message was received from the House through Mr. Moore, the Clerk thereof:

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

WEDNESDAY, MARCH 3, 1926.

57

By Mr. Culpepper of Fayette-

House Bill No. 1. A Bill to discount the rental of the

Western and Atlantic Railroad for the purpose of paying

past due pensions.

~

The following House Bill was read the first time:

By 1\fr. Culpepper of Fayette-
House Bill No. 1. A Bill to discount the rental of the Western and Atlantic Railroad, for the purpose of paying past due pensions.

Referred to the Committee on Appropriations.

The following Senate Bill was read the third time and put upon its passage:

By Senator Knight of the 6th-
Senate Bill No. 2. A Bill to authorize and require the Legislature to make an extra appropriation to the common school fund, for the purpose of equalizing educational opportunities to the children of the several counties of the State.

Senator Harrell of the 12th moved that the Bill be tabled.
The motion prevailed, and the Bill was tabled.
The following Resolution, by Senator Matthews of the 38th, was read:
Be it Resolved, That the privileges of the floor of the Senate be extended to the Honovble J. T. Thomas of the County of wayne, during his stay in the City.
The Resolution was adopted.

58

JouRNAL OF THE SENATE,

Senator Cole of the 42nd asked to be excused from today's and to-morrow's sessions of the Senate, to attend the funeral of an Ex-Representative, an old friend.

The request was granted.

The following Senate Bill was read the third time and put upon its passage:

By Senator McGregor of the 15th, and Senator Carswell of the 5th-
Senate Bill No. 3. A Bill to amend Section 67 of the Georgia School Code, so as to make the school year be from July 1st to the next June 30th, inclusive, beginning with July 1st, 1927.

Senator Sapp of the 43rd moved that the Bill be tabled.

The motion prevailed and the Bill was tabled.

The following Telegram was received and read:

Fort Valley, Ga., March 2, 1926.
Hon. J. E. Davidson, State Capitol, Atlanta, Ga.
Executive Committee urges you invite Governor, State House Officers, members Legislature, to fifth Blossom Festival, Friday, March 12th.
Ralph Newton, General Chairman.
The following Resolution was read:
By Senator Neal of the 13thSenate Resolution No. 12. Resolved, That the Senate ac-
cept the invitation of the Peach Blossom Festival, at Fort

WEDNESDAY, MARCH 3, 1926.

59

Valley, Georgia, to be present at same, on March 12th, 1926.

The Resolution was lost.

The following Resolution, by Senator Knight of the 6th, was read:

Resolved, That the Honorable N. N. Hughes, Sheriff of Berrien County, Owen Griner, County Commissioner of Berrien County, J. H. Swindle, member of the Board of Education of Berrien County, and Mr. Julius Brogden, be extended the privileges of the floor.

The Resolution was adopted.

Senator Knight of the 6th asked unanimous consent that anyone having Bills for introduction to send them to the Secretary's desk at this time.

The consent was granted.

Upon the motion of Senator Knight of the 6th, the Senate went into executive session, at 11:50 o'clock A. M.

The executive session was dissolved at 12:00 o'clock M.

Senator Sapp of the 43rd moved that the Senate do now adjourn, until11 :00 o'clock A. l\L, to-morrow.

The motion prevailed.

The President declared the Senate adjourned until tomorrow, at 11:00 o'clock A.M.

60

JouRNAL OF THE SENATE,

NINTH DAY

Senate Chamber, Thursday, l\farch 4th, 1926.

The Senate met pursuant to adjournment this day at 11:00 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:

Andrews, E. E. Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carr, Milton B. Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, E. D. Cole, R. D. Collier, J. C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl ~. Harrell, G. Y. Hayes, W. C.

Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Knox, Gordon Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I. Memory, S. Forster Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. McGregor, J. M. D. McKenzie, C. M. Neal, Benj. F. Norman, R. L.

Owen, C. F. Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. lVI. Stevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B. Mr. President

Senator Andrews of the 31st, Chairman of the Committee on Journals, reported that the J oun1al of yesterday's proceedings had been read and found correct.

THURSDAY, MARCH 4, 1926.

61

Senator Guess of the 34th gave notice that at the proper time he would move that the Senate reconsider its action of l~Iarch 3rd, in defeating Senate Resolution No. 12.

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

The Journal was confirmed.

Senator Guess of the 34th moved that the Senate reconsider its action in defeating the following Senate Resolution:

By Senator )Jeal of the 13th-
Senate Resolution No. 12. A Resolution to accept the invitation of the Peach Blossom Festival at Fort Valley, Georgia, on March 12th, 1926.

On the motion to reconsider, the Ayes were 36 and the Nays 1.

The motion prevailed.

The following Resolution, by Senator Foster of the 28th, was read and adopted:

whereas, Honorable william J. Vereen, a distinguished citizen of Colquitt County, is now visiting in Atlanta; therefore, be it

Resolved, by the Senate, that the privileges of the floor be extended to 1\Ir. Vereen during his stay in the City.

The following message was received from the House through 1\Ir. Moore, the Clerk thereof:

62

JouRNAL OF THE SENATE,

Mr. President:
The House has passed by the requisite Constitutional majority the following Bills and Resolutions of the House, to-wit:

By Messrs. Culpepper of Fayette, Lankford of Tombs and others-
House Bill No. 2. A Bill to authorize and require Legislature to make an extra appropriation to the co1mnon school fund to equalize educational opportunities to the children of the several Counties of the State.

By Messrs. Lawton, Denmark and Alexander of Chatham-
House Bill No.8. A Bill to amend Article 7, Section 7, Paragraph 1, of the Constitution of Georgia to permit Chatham County to issue bonds to pave the road to Tybee.

By Mr. Wood of Fulton, and others-
House Resolution No.2. A Resolution to endorse movement to establish National Soldiers and Sailors Home at Atlanta, Ga.

By Mr. Zellars of Hart-
House Resolution No. 3. A Resolution that Georgia Representatives in Congress be urged to advocate passage of a bill now pending in Congress declaring the Tugalo . River to be a non-navigable stream.

By Mr. Griffin of Decatur-
House Resolution No. 8. A Resolution memoralizing Congress on Muscle Shoals.
The following House Resolution was read the first time, and adopted:

THURSDAY, MARCH 4, 1926.

63

By Mr. Zellars of Hart-
House Resolution No.3. A Resolution requesting Georgia Representatives in Congress to advocate passage of Bill, now pending in Congress, declaring the Tugalo River to be a non-navigable stream.

The following Senate Resolution was read the second time, and adopted:

By Senator DeLaPeiTiere of the 33rd-
Senate Resolution No. 9. A Resolution memorializing Congress, relating to Muscle Shoals.
The President called for the reports of Standing Committees.
Mr. Hendricks of 35th District, Vice 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 House, and have instructed me as Vice Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 1. To authorize the Governor to set
apart, sell and discount the vV. & A. rental for a period of
six years and to provide for the expenditure of the fund arising therefrom.

Respectfully submitted,

March 3, 1926. J. B. Clements, Secretary.

Hendrix, 35th, Vice Chairman.

64

JouRNAL OF THE SENATE,

The following House Bill favorably reported, was read the second time:

By Mr. Culpepper of Fayette-
House Bill No. 1. A Bill to authorize the Governor to set apart, sell and discount the rental of the \V. & A. R. R., not exceeding six years, and to provide for the expenditure of the fund arising therefrom; and for other purposes.

Senator Ricketson of the 19th asked for leave of absence for four days, on account of sickness.

The request was granted.

Senator Wilkerson of the 49th asked for leave of absence for four days, on account of business and sickness.

The request was granted.

Judge Harry B. Reed, Judge of the Superior Courts of the \Vaycross Circuit, by invitation extended in Senate Resolution No. 10, addressed the Senate, at 11:00 o'clock A. M., representing the views of the advocates of a state bond issue, for the construction of a state system of paved highways.

Senator Sapp of the 43rd moved that the Senate do now adjourn untillO :00 o'clock tomorrow morning.

The motion prevailed.

The President declared the Senate adjourned until tomorrow, at 10:00 o'clock A.M.

FRIDAY, MARCH 5, 1926.

65

TENTH DAY

Senate Chamber, Friday, March 5th, 1926.

The Senate met pursuant to adjournment, at 10:00 o'clock A. M., and was called to order by the President.

Prayer was offered by Senator Knight of the 6th.

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

Andrews, E. E. Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carr, Milton B. Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, R. D. Collier, J. C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y.

Hayes, W. C.
Hendrix, W. C.
Hughes, H. L. D.
Hutcheson, J. R.
Johnson, L. F.
Knight, P. T.
Knox, Gordon Luttrell, J. A. Maddox, A. K. Matth~ws, Dr. Joe I. Memory, S. Forster Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. McGregor, J. M. D. McKenzie, C. M.

Neal, Benj. F. Norman, R. L. Owen, C. F. Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Rountree, Dr. A. M. Sapp, W. M. Stevens, C. 0. Thompson, J. N. B.
Wellborn, Dr. E. c.
Mr. President.

Senator Stevens of the 50th asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with and the consent was granted.

66

JouRNAL OF THE SENATE,

The Journal was confirmed.

The President called for reports from the Standing Committees.

Mr. Knight of 6th District, Chairman of the Committee on Education, submitted the following report:

Mr. President:
Your Committee on Education 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.

By Mr. Harrell of 12th District-
Senate Bill No. 5. To permit municipal or local independent school systems to repeal their independent system and to merge into the county school system.

Respectfully submitted,

March 3, 1926. J. B. Clements, Secretary.

Knight of 6th, Chairman.

The following Bill was read the third time and taken up for consideration:
By Senator Harrell of the 12th-
Senate Bill No. 5. A Bill to permit municipal or local independent school systems to repeal their independent systems and to merge into the county school system; and for other purposes.

FRIDAY, MARCH 5, 1926.

67

The following amendment was read:

By the Committee-
Amend Senate Bill No. 5, by striking Section Three thereof and substituting, in lieu thereof, the following:

''Section 3. Be it further enacted, that where any local or independent system is repealed, by and in the manner provided in this Act, the territory formerly included in such independent system, shall become and constitute a school district of the County in which it is located and shall enjoy the same privileges and shall be governed by the same laws as other school districts in said county, including the authority to levy local taxes for school purposes, provided that the rate for such taxation shall not exceed the rate allowed by law to other similar school districts.''

The amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill as amended, was agreed to.

On the passage of the Bill as amended, the Ayes were 26 and the Nays 1.

The Bill having received the requisite Constitutional majority was passed as amended.
The following House Bills were read the first time and referred to Committees:

By Messrs. Culpepper of Fayette and Lankford of Toombs-
Honse Bill No. 2. A Bill to authorize and require the General Assembly to make an extra appropriation to the

68

JouRNAL OF THE SENATE,

common school fund for the purpose of equalizing the educational opportunities to the children of the several counties of this State.

Referred to the Committee on Appropriations.

By Messrs. Lawton, Denmark and Alexander of Chatham-
House Bill No.8. A Bill to amend Article 7, Section 7, Paragraph 1 of the Constitution, to permit Chatham County to issue bonds to pave the road to Tybee.

Referred to Committee on Highways.

The following House Resolution was read the :first time and adopted:

By Mr. Wood of Fulton, and others-
House Resolution No. 2. A Resolution to endorse movement to establish a National Soldiers and Sailors Home at Atlanta, Georgia; and for other purposes.

The following House Resolution was read the :first time and referred to a Committee:

By Mr. Griffin of Decatur-
House Resolution No. 8. A Resolution memoralizing Congress on Muscle Shoals.

Referred to Committee on the State of the Republiq.

The following House Bill was read the third time, and placed upon its passage:
By Mr. Culpepper of FayetteHouse Bill No. 1. A Bill to authorize the Governor to

FRIDAY, MARCH 5, 1926.

69

set apart, sell and discount the rental of the \V. & A. Railroad, for six years, and to provide for the expenditure of the fund arising therefrom; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
The roll call was ordered and the vote was as follows:

Affirmative-
Bell, W. L.
Boykin, Shirley C.
Carlisle, Ira Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, R. D. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y.

Hayes, W. C.
Hendrix, W. C.
Hughes, H. L. D. Knight, P. T. Knox, Gordon Luttrell, J. A. Maddox, A. K. Memory, S. Forster Miller, A. L. Morgan, S. H. Moye, R. L. McGregor, J. M. D. McKenzie, C. M.

Norman, R. L.
Owen, C. F.
Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr. Pickren, T. L. Pruett, J. F.
Rountree, Dr. A. M. Sapp, W. M. Stevens, C. 0. Wellborn, Dr. E. C. Wilkerson, Rev. B. B.

On the passage of the bill the Ayes were 37 and Nays 0.

The Bill, having received the requisite Constitutional majority, was passed.

The following message was received from the House throuf,h 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. Peterson of MontgomeryA Resolution relieving Charlie Sharpe as surety on
bond of Arthur Sharpe.

70

JouRNAL OF THE SENATE,

The following House Resolution was read the first time, and referred to a Committee:

By Mr. Peterson of Montgomery-
House Resolution No. 9. A Resolution relieving Charlie Sharpe as surety on bond of Arthur Sharpe.

Referred to Committee on General Judiciary No.2.

On motion of Senator Knight of the 6th, the Senate extended sympathy to Senator J.P. Peacock of the 14th on account of the illness of his wife.

Senator Knight of the 6th moved that the Senate do now adjourn until 11:00 o'clock Monday morning, March 8th, 1926.

The motion prevailed.

The President declared the Senate adj'Ourned until Monday morning at 11:00 o'clock.

MoNDAY, MARCH 8, 1926.

71

THIRTEENTH DAY

Senate Chamber,
Monday, March 8th, 1926.
The Senate met pursuant to adjournment this day at 11:00 o'clock A. M., and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Memory of the 46th asked unanimous oonsent to dispense with the calling of the roll, and the consent was granted.
Senator Andrews, Chairman of the Committee on Journals, reported that the Journal of the preceding day's business had been examined and found correct.
Senator Sapp of the 43rd asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.
The Journal was confirmed.
The order of business having been completed, the President declared a recess, subject to the call of the Chair.
At 11:15 A. M., the Senate reconvened and was called tlo order by the President.

72

JOURNAL OF THE SENATE,

The following message was received from the House through Mr. .l\fQore, the Clerk thereof:

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

By Mr. Griffin of Decatur, Mr. Davis of Floyd, and Mr. Rivers of Lanier-
Hause Bill No. 17. A Bill to permit municipal local independent school systems to repeal their independent systems and to merge into the county school system and other purposes.

By Messrs. Head and Camp of Cobb-
House Billl\1io. 20. A Bill to amend an Act creating a new charter for the City of Marietta.

By Messrs. Head and Camp of Cobb-
House Bill No. 21. A Bill to amend an Act to create the system of public schools in the City of Marietta.

By Mr. Johnson of Appling-
House Bill No. 25. A Bill to amend an Act relative to creating a Board of Commissioners of Roads and Revenues for the County of Appling and for other purposes.

By Mr. Johnson of Appling-
House Bill N\o. 26. A Bill amending an Act creating and establishing a new charter for the City of Baxley, Georgia, and for other purposes.

By Mr. Gullatt of Campbell-
House Bill No. 27. A Bill to provide for the paving of Streets and Sidewalks and issuing bonds for Uni'On City, Georgia.

MoNDAY, MARCH 8, 1926.
By Mr. Lyons of ButtsHouse Bill No. 28. A Bill to amend the Charter of the
City of Jackson.
By Mr. Spence of MitchellHouse Bill No. 29. A Bill to amend the Charter of the
City of Baconton.
The following House Bills were read the first time, and referred to Committees:
By :Messrs. Head and Camp of CobbHouse Bill No. 20. A Bill to amend an Act creating
charter for City of Marietta.
Referred to Committee on Municipal Government.
By Messrs. Head and Camp of CobbHouse Bill No. 21. A Bill to amend Act creating a sys-
tem of public schools for City of Marietta.
Referred to Committee on Education.
By Mr. Johnson of ApplingHouse Bill No. 25. A Bill to amend Act creating Board
of Comll_lissioners for County of Appling.
Referred to Committee on General Judiciary, No. 2.
By Mr. Johnson of Appling. House Bill No. 26. A Bill to amend charter of City of
Baxley.
Referred to Committee on Highways.

74

JouRNAL OF THE SENATE,

By Mr. Lyons of Butts-
House Bill No. 28. A Bill to amend the charter of the City of Jackson.

Referred to Committee on Highways.

By Mr. Spence of Mitchell-
House Bill N"o. 29. A Bill to amend charter of town of Baconton.

Referred to Committee on Municipal Government.

By :Mr. Griffin of Decatur-
House Bill No.17. A Bill to permit independent school systems to repeal their independent system and to merge into the County system.

Referred to the Committee on Education.

By Mr. Gullatt of Campbell-
House Bill No. 27. A Bill to amend the charter of Union City.

Referred to Committee on Highways.

The President called for reports of Standing Committees:

Mr. Knox of 3rd District, Vice Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following Resolution of the

MONDAY, MARCH 8, 1926.

75

House, and have instructed me as Vice Chairman, to report the same back to the Senate with the recommendation that the same do pass.

By Mr. Peterson of Montgomery-
House Resolution No. 9. A Resolution, relieving Charlie Sharp as surety on bond of Arthur Sharp.
Knox, Vice-Chairman.

Senator Knight of the 6th asked unanimous consent that House Bill No. 2 be withdrawn from the Committee on Appropriat~ons and read the second time and recommitted to the Committee on Education.

The consent was granted.

The following House Bill was read the second time and re-committed to the Committee on Education, to-wit:

By Messrs. Culpepper of Fayette and Lankford of Toombs-
Honse Bill No. 2. A Bill to make extra appropriation to the common school fund for the purpose of equalizing educational opportunities.

Senator Clifton was granted leave of absence on account of sickness.
Senator Boykin was granted leave of absence.
Senator Sapp of the 43rd moved that the Senate do now adjourn, until 11 :00 o 'clock A. M. to-morrow.

The motion prevailed.
The President declared the Senate adjourned until 11:00 o'clock to-morrow morning.

. 76

JouRNAL OF THE SENATE,

FOURTEENTH DAY
Senate Chamber,
Tuesday, March 9th, 1926.
The Senate met pursuant to adjournment at 11:00 o'clock A. M., this day, and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Knight of the 6th asked unanimous consent to dispense with the calling of the roll and the consent was granted.
Senator Sapp of the 43rd asked unanimous consent that the reading of the Journal of the previous day's business be dispensed with, and the consent was granted.
The Journal was confirmed.
The President called for the reports of Standing Committees.
Mr. Hughes of 21st District, Vice Chairman of the Committee on State of Republic, submitted the following report:
Mr. President: Your Committee on State of Republic have had under
consideration the following Resolution of the House and

TuESDAY, MARCH 9, 1926.

77

have instructed me as Vice Chairman, to report the same back to the Senate with the recommendation that the same do pass.

By Mr. Griffin of Decatur-
House Resolution No. 8. A Resolution memoralizing Congress on Muscle Shoals.
H. L. Hughes, Vice Chairman.

Mr. Memory of 46th District, Chairman of the Oommittee on Highways, submitted the following report:

Mr. President:
Your Committee on Highways have had under consideration the following Bill of the House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.

By Messrs. Lawton Denmark and Alexander of Chatham.
House Bill No.8. To amend Art. 7, Sec. 7, Par. 1, of the Constitution to permit Chatham County to issue bonds to pave the roads to Tybee.

Respectfully submitted,

March 8, 1926. J. B. Clements, Secretary.

S. F. Memory, Chairman.

Mr. Moye of 11th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

78

JouRNAL OF THE SENATE,

Mr. President:
Your Committee on General Judiciary No.2, have had under consideration the following Bill of the House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.

House Bill No. 25. A Bill to amend an act to create a Board of Commissioners of Roads and Revenues for the County of Appling.
Respectfully submitted, Moye, 11th, Chairman.

The following House Resolution was read the second time and adopted:
By Mr. Griffin of DecaturHouse Resolution No. 8. A Resolution memoralizing
Congress on :Muscle Shoals.
The following House Bills were read the second time:
By M:r. Johnson of ApplingHouse Bill No. 25. A Bill to amend Act creating Board
of Commissioners for County of Appling.
By Messrs. Lawton, Denmark and Alexander of Chatham. House Bill Ko. 8. A Bill to amend the Constitution so
as to permit Chatham County to issue bonds so as to pave the Tybee Road.
The following House Resolution was read the third time and put upon its passage:

TuESDAY, MARCH 9, 1926.

79

By Mr. Peterson of Montgomery-

House Resolution No.9. A Resolutiton for the relief of Charlie Sharpe as surety for Arthur Sharpe.

On the passage of the Bill the Ayes were 26 and the Nays 0.

The Resolution having received the requisite Constitutional majority was passed.

Senator Knight of the 6th asked unanimous consent. that the Senate recess at this time, in order that certain Standing Committees of the Senate might reorganize for the transaction of business. The consent was granted and the President declared a recess, subject to the call of the Chair.

The Senate reconvened at 12:05 and was called to order by the President.

Senators Foster of the 28th, Knight of the 6th and Neal of the 13th arose to a question of pereonal privilege.

The President called for the reports of standing Committees.
Mr. Memory of 46th District, Chairman of the Committee on Highways, submitted the following report:

Mr. President:
Your Committee on Highways have had under consideration the following Bills of the House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.

80

JouRNAL oF THE SENATE,

By Johnson of Appling-
House Bill No. 26. To amend the charter of City of Baxley.

By Gullatt of Campbell: House Bill No. 27. To amend the charter of Union City.
Respectfully submitted,
S. F. Memory, Chairman. March 9, 1926. J. B. Clements, Secretary.

l\lr. Knight of 6th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee 'On Education have had under consideration the following Bills of the House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
By Griffin of Decatur, Davis of Floyd, Rivers of Lanier-
Hause Bill No. 17. To permit municipal or local independent school systems to repeal their independent systems _and to merge into the county school system.
By Culpepper of Fayette and Langford of Toombs-
Hause Bill No. 2. To authorize and require the General Assembly to make an extra appropriation to the common school fund for the purpose of equalizing the educational opportunities to the children of the several counties of this state.

TUESDAY, MARCH 9, 1926.

81

By Head and Camp of Cobb-
To amend an act to create a system of public schools for the city of Marietta.

Respectfully submitted, P. T. Knight, Chairman.
March 9, 1926. J. B. Clements, Secretary.

The following House Bills were read the second time:

By Messrs. Griffin of Decatur, Davis of Floyd, and Rivers of Lanier-
House Bill No. 17. A Bill to permit independent school systems to repeal their independent system and to merge into the county school system.

By Messrs. Head and Camp of Cobb-
House Bill N"o. 21. A Bill to amend Act creating a system of public schools for City of Marietta.

By Mr. Johnson of Appling-
House Bill No. 26. A Bill to amend charter of City of Baxley.

By Mr. Gullatt of Campbell-
House Bill No. 27. A Bill to amend the charter of Union City.
The following House Bill was read the third time and put upon its passage:

82

JouRNAL OF THE SENATE,

By Messrs. Culpepper of Fayette and Lankford of Toombs-

Honse Bill No. 2. A Bill to make extra appropriation

to the common school fund for the purpose of equalizing

educational opportunities to the children of the several

oonn~~



The report of the Committee, which was favorable to the passage of the Bill was agreed to.

The bill, involving an appropriation, the roll call was ordered, and the vote was as follows:

Affirmative-
Bell, W. L. Carswell, Dr. H. J. Clements, J. B. Cole, R. D. Collier, J. C. DeLaPerriere, H. P. Foster, A. G. Guess, Carl N. Harrell, G. Y. Hayes, W. C.

Hughes, H. L. D. Hutcheson, J. R. Knight, P. T. Knox, Gordon Matthews, Dr. Joe I. Memory, S. Forster Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L.

McKenzie, C. M. Neal, Benj. F. Norman, R. L.
Owen, C. F. Peebles, I. S., Jr. Pickren, T. L. Pruett, J. F. Rountree, Dr. A. M. Sapp, W. M.

Negative-

Clary, E. D. Cole, E. D.

Ricketson, Dr. F. B. Thompson, J. N. B.

Wilkerson, Rev. H. B

On the passage of the Bill the Ayes were 29 and the Nays were 5.

The Bill having received the requisite Constitutional majority was passed.

The following Resolutions were read and adopted:
Resolved that the privileges of the floor shall be extended to Mrs. Virgil Pannell, formerly of Berrien County,

TuESDAY, MARCH 9, 1926.

83

and Miss Alma Allen of Ray City, and Hon. E. C. Duke of the City of :Montezuma, Georgia, during their stay in the City.

Senator Harrell of the 12th moved that the Senate do now adjourn.

The motion prevailed.

The following Senators were granted leave of absence: Senators Luttrell of the 25th, vVellbom of the 40th, Hendricks of the 35th, Johnson of the 27th, Stevens of the 50th, Parker of the 2nd.

The President declared the Senate adjoumed until tomorrow at 11:00 o'clock A. M.

84

JouRNAL oF THE SENATE,

FIFTEENTH DAY

Senate Chamber,
Wednesday, March lOth, 1926.
The Senate met pursuant to adjournment at 11:00 o'clock A. M., this day, and was called to order by the President pro tern, Senator Dixon of the 17th.
Prayer was offered by the Chaplain.
Senator Cole of the 42nd asked unanimous consent to dispense with the call of the roll, and the consent was granted.
Senator Andrews of the 31st, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Senator Wilkerson of the 49th gave notice that at the proper time he would move that the Senate reconsider its action of yesterday in passing House Bill No. 2.
Senator Bell of the 51st asked unanimous consent that the reading of the Journal be dispensed with, and the consent was granted.
The following message was received from the House through Mr. Moore, the Clerk thereof:

WEDNESDAY, MARCH 10, 1926.

85

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

By Messrs. Dekle and Standford of Lowndes-
House Bill No. 24. A Bill to propose an amendment to the Constitution of Georgia so as to permit the County of Lowndes and the City of Valdosta, either or both to increase their bond indebtedness.

Senator Wilkerson of the 49th moved that the Senate reconsider its action of yesterday, in passing House Bill No.2.

Senator Knight of the 6th made the point of order that this motion was out of order, for the reason that the Journal had not been confirmed.

The President Pro Tern sustained the point of order, and the Journal was confirmed.

Senator "Wilkerson of the 49th moved that the Senate reconsider its action of yesterday, in passing the following House Bill:

By Messrs. Culpepper of Fayette and Lankford of Toombs-
House Bill No. 2. A Bill to make extra appropriation to the common school fund, for the purpose of equalizing educational opportunities to the children of the several counties of the State.

Senator "Wilkerson of the 49th asked unanimous consent that House Bill No.2 be read.

There was an objection, and the consent was not granted.

86

JOURNAL OF THE SENATE,

The proceedings of the Senate were suspended at this time, to receive a message from the House.

The following message was received from the House through Mr. M<>ore, the Clerk thereof:
Mr. President: The House has passed by the requisite Constitutional
majority the following Resolution <>f the House to-wit:

By Mr. Rawls of Seminole-
House Resolution No. 26. A Resolution when the House adjourns on Thursday it will stand adjourned until Monday Morning at 11:00 o'clock, March 16, 1926.

Senator Sapp of the 43rd moved the previous question, and the motion prevailed.

The main question was then put.

Senator Knight of the 6th called for the Ayes and Nays, and the call was sustained.

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

Affirmative-

Carswell, Dr. H. J. Clary, E. D. Cole, E. D. Cole, R. D.
Negative-
Andrews, E. E. Bell, W. L. Clements, J. B. Dixon, J. A. Foster, A. G. Guess, Carl N. Hayes, W. C. Hughes, H. L. D.

Collier, J. C. Harrell, G. Y. Memory, S. Forster Middleton, D. S.

Norman, R. L. Ricketson, Dr. F. B. Thompson, J. N. B. Wilkerson, Rev. H. B.

Knight, P. T.
Knox, Gordon
Maddox, A. K.
Matthews, Dr. Joe I. Miller, A. L. Morgan, S. H. Moye, R. L. McKenzie, C. M.

Neal, Benj. F.
Owen, C. F.
Peebles, I. S., Jr.
Perkins, R. 0. Pickren, T. L. Pruett, J. F. Rountree, Dr. A. M. Sapp, W. M.

WEDNESDAY, MARCH 10, 1926.

87

On the motion to reconsider, the Ayes were 12 and the Nays 24.

The motion was lost.

The following Joint Resolution of the House was read and adopted:

By Rawls of Seminole-
House Resolution No. 26. A Resolution that when the General Assembly adjourns Thursday, it will stand adjourned until Monday morning, March 15th, at 11:00 o'clock.

The following Senate Bill was read the first time and referred to a Committee:

By Senator Dixon of the 17th-
Senate Bill Ko. 9. A Bill to amend the charter of the City of Millen in Jenkins County.

Referred to the Committee on Constitutional Amendments.

The following House Bills were read the third time and put upon their passage:

By Messrs. Head and Camp of Cobb-
House Bill No. 21. A Bill to amend Act creating system of public schools for City of Marietta.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the Ayes were 26, and the Nays 0.

88

JouRNAL oF THE SENATE,

The Bill having received the requisite Constitutional majority was passed.

By Mr. Johnson of Appling-
House Bill No. 25. A Bill to amend Act creating Board of Commissioners of County of Appling.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the Ayes were 31, and the Nays 0.

The Bill having received the requisite Constitutional majority was passed.

By Mr. Johnson of Appling-
House Bill No. 26. A Bill to amend the charter of the City of Baxley.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the Ayes were 36, and the Nays 0.

The Bill having received the requisite Constitutional majority was passed.
By Mr. Gullatt of CampbellHouse Bill No. 27. A Bill to amend the charter of Un-
ion City.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, MARCH 10, 1926.

89

On the passage of the Bill, the Ayes were 32, and the Nays 0.

The Bill having received the requisite Constitutional majority was passed.

The following House Bill was read the first time and referred to a Committee:

By Messrs. Dekle and Stanford of Lowndes-
House Bill No. 24. A Bill to amend Constitution to permit Lowndes County and City of Valdosta to increase bonded indebtedness.
Referred to the Committee on Constitutional Amendments.

Senator Knight of the 6th and Senator Guess of the 34th offered the following Resolution, which was read and adopted:

Whereas, it coming to the knowledg~ of the State Senate that this is the 82nd birthday of our beloved and esteemed Messenger, the Honorable A. E. Strother; therefore, be it
Resolved: That we do extend to him our profound congratulations and wish for him many future years of happiness.
Senator Knight of the 6th moved that the Senate do now adjourn, until 11:00 o'clock to-morrow morning.
The motion prevailed.
The privileges of the floor were extended to Hon. R. A. Fleming of Augusta during his stay in the City.
The President Pro Tern declared the Senate adjourned untilll:OO o'clock A.M., to-morrow.

90

JouRNAL oF THE SENATE,

SIXTEENTH DAY

Senate Chamber,
Thursday, March 11th, 1926.
The Senate met pursuant to adjournment at 11:00 o'clock A. M., this day, and was called to order by the President Pro Tern.
Prayer was offered by Senator Knight of the 6th.
Senator Harrell of the 12th asked unanimous consent to dispense with the call of the roll and the consent was granted.
Senator Andrews of the 31st, Chairman of Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Senator Sapp of the 43rd asked unanimous consent that. the reading of the Journal be dispensed with, and the consent was granted.
The Journal was confirmed.
The President Pro Tern called for reports of standing Committees.
Mr. Perkins of 24th District, Vice Chairman of the Committee on Municipal Government, submitted the following report:

THURSDAY, MARCH 11, 1926.

91

Mr. President:
Your Committee on Municipal Government have had under consideration the following Bills of the House, and have instructed me as Vice Chairman, to report the same back to the Senate with the recommendation that the same do pass.

By Messrs. Head and Camp of Cobb-
House Bill No. 29. To amend charter of town of Baconton by Mr. Spence of Mitchell.

House Bill No. 20. To amend the charter of City of Marietta.
Perkins, Vice Chairman.

The following Senate Bills were read the first time and referred to Committees:

By Senator Collier of the 22nd-
Senate Bill No. 10. A Bill to amend an Act entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Lamar County, Georgia, into the office of Tax Commissioner, as is provided in Paragraph 1, Section 3, Article 11 of the Constitution of the State of Georgia; to provide for the election of said Tax Commissioner; to provide for the compensation of said Tax Commissioner; to provide for the bond of said Tax Commissioner, etc.
Referred to Committee on County and County Matters-
By Senator Collier of the 22nd-
Senate Bill No. 11. A Bill entitled an Act to prescribe the manner of electing members of the City Board of Education of Barnesville, Georgia; defining their powers and duties; and for other purposes.

92

JOURNAL OF THE SENATE,

Referred to Committee on Education.

By Senator Collier of the 22nd-
Senate Bill No. 12. A Bill to create a Board of Commissioners of Roads and Revenues for the County of Lamar, Georgia; to provide for their qualification, methods of election, terms of office, powers, authority and liabilities; to provide for an executive officer, to be selected by the said Board, to be known as County Manager, and to set forth his powers, duties and liabilities, and his qualifications for office; to provide for proper audits of books and affairs of said County, kept by said Board.

Referred to Committee on County and County Matters.

The following House Bills were read the second time:

By Messrs. Head and Camp of Cobb-
House Bill No. 20. A Bill to amend an Act creating charter for City of Marietta; and for other purposes.

By Mr. Spence of Mitchell-
House Bill No. 29. A Bill to amend charter of town of Baconton.

Senator Harrell of the 12th asked unanimous consent that the Senate recess for thirty minutes.

The consent was granted, and the President Pro Tern declared a recess, subject to the call of the Chair.

The Senate reconvened at 11:50 o'clock, and was called to order by the President Pro Tern.

A communication was read from the Invitation Committee of the 5th Annual Peach Blossom Festival at Fort

THURSDAY, MARCH 11, 1926.

93

Valley, Georgia, supplementing the invitation to the General Assembly and State House Officers, which has been accepted by the Senate, and giving information as to train schedules, place of registration at Fort Valley, etc.

The privileges of the floor were extended to Honorable M. Bass Brown, Doctor E. H. Hutchings and Doctor W. Frank Harrison of Hancock County, during their stay in the City.

Senator Sapp of the 43rd moved that the Senate do now adjourn.

The motion prevailed.

Under the Joint Resolution, previously adopted, the President Pro Tern announced the Senate adjourned until Monday, March 15th, 1926, at 11 :00 o'clock A. M.

94

JOURNAL OF THE SENATE,

TWENTIETH DAY

Senate Chamber, Monday, March 15th, 1926.

The Senate met pursuant to adjournment at 11:00 o'clock A . .M. this day, and was called to order by the President Pro Tern.

Prayer was offered by the Chaplain.

Senator Knight of the 6th asked unanimous consent to

dispense with the calling of the roll, and the consent was

granted.



The President Pro Tern announced to the Senate that the President of the Senate was temporarily called away from his duties on account of the serious illness of his wife.

Senator Sapp of the 43rd asked unanimous consent that the reading of the Journal of proceedings of Thursday, March 11th, be dispensed with, and the consent was granted.
The Journal was confirmed.
The following House Bill was read the third time and placed upon its passage:

MoNDAY, MARCH 15, 1926.

95

By Mr. Spence of Mitchell-
House Bill No. 29. A Bill to amend charter of town of Baconton.

The report of the Committee, which was favorable to the passage of the Bill, \vas agreed to.

On the passage of the Bill the Ayes were 40 and the Nays 0.

The Bill having received the requisite Constitutional majority was passed.

Senator Knight of the 6th moved that the Senate do now adjourn until f1 :00 o'clock A. M., to-morrow.

The motion prevailed.

The following Senators were granted leave of absence on account of illness: Senator Knox of the 3rd, and Sena.tor Norman of the 47th.

The President Pro Tern declared the Senate adjourned until to-morrow at 11:00 o'clock A. M.

96

JOURNAL OF THE SENATE,

TWENTY-FIRST DAY

Senate Chamber, Tuesday, March 16th, 1926.

The Senate met pursuant to adjournment at 11:00 o'clock A. M., this day, and was called to order by the President Pro Tern.

Prayer was offered by the Chaplain.

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

Bell, W. L. Carr, Milton B. Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Cole, E. D. Cole, R. D. Collier, J. C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G.

Guess, Carl N. Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Knight, P. T. Maddox, A. K. Memory, S. Forster Miller, A. L. Morgan, S. H. Owen, C. F. Parker, Jos. H.

Peacock, J. P. Peebles, I. S., Jr. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Thompson, J. N. B. Mr. President.

Senator Sapp of the 43rd asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.

The Journal was confirmed.

A Message was received from His Excellency, the Governor, through Mr. John B. Wilson, his Secretary, to which he respectfully called the attention of the Senate.

TuESDAY, MARCH 16, 1926.

97

The following House Bills were read the third time and put upon their passage:

By :Messrs. Head and Camp of Cobb-
House Bill X o. 20. A Bill to amend au Act creating a d1mter for City of l\Iarietta; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On tlw passage of the Bill, the Ayes were 38 and the l\ays 0.

The Bill having received the requisite Constitutional majority was passed.
By ::\Iessrs. Griffin of Decatur, Davis of ~'loyd, and Rivers of Lanier-
A Bill to permit independent school systems to repeal their independent system and to merge into the county school system.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
Senator Knight of the 6th called fo1 the Ayes and ~ays.

The call 'vas sustained.
On the call of the roll the ,ote was as follows:

Affirmative-
Bell, W. L. Carr, Milton B. Carswell, Dr. H. J. Clary, E. D.

Clements, J. B. Cole, R. D. Collier, J. C. DeLaP<>rriPr<', H. P.

Dixon, J. A. Foster, A. G. Hayes, W. C. H<>ndrix, \ll". C.

98

JouRNAL oF THE SENATE,

Hughes, H. L. D. Hutcheson, J. R. Knight, P. T. Maddox, A. K. Memory, 8. Forster Miller, A. L.

Morgan, 8. H. Neal, Benj. F. Owen, C. F. Parker, Jos. H. Peacock, J. P. Peebles, I. 8., Jr.

Pickren, T. L. Pruett, J. F. Rountree, Dr. A. M. 8app, W. M. Thompson, J. N. B.

Negative-
Ricketson, Dr. F. B.

On the passage of the Bill, the Ayes were 29, and the Nays 1.

The Bill having received the requisite Constitutional majority was passed.

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

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

By Mr. Bowers of Decatur-
House Bill No. 32. A Bill to authorize the Mayor and Aldermen of the City of Bainbridge to grade, pave and otherwise improve the streets, sidewalks and alleys and to issue bonds therefor.

By Messrs. Blease and Turner of Brooks-
House Bill No. 11. A Bill to empower the Commissioners for the City of Quitman to establish and change the streets, alleys and lanes and improve the same by paving.
The following House Bills were read the first time and referred to Committees:

TUESDAY, MARCH 16, 1926.

99

By Messrs. Blease and Turner of Brooks-

House Bill No. 11. A Bill to authorize the City of Quitman to improve its streets; and for other purposes.
Refen::ed to Committee on Corporations.

By Mr. Bower of Decatur-
House Bill No. 32. A Bill to authorize the Mayor and Aldermen of the City of Bainbridge to grade, pave and otherwise improve the streets, sidewalks and alleys, and to issue bonds therefor.
Referred to Committee on Corporations.

The following communication from His Excellency, the Governor, was read by the Secretary:

Whereas, one-half of the boys and girls of the State living outside of the towns and cities are suffering from the rankest discrimination as to educational opportunities and

Whereas, common justice requires that equal elemental educational advantages must in good morals be given to the children in the country as well as to those in the towns and cities and

Whereas, these equalizing opportunities can be afforded the underprivileged children in the country only by providing additional revenue from the taxation of properties now escaping taxation and

Whereas, expert tax authorities estimate that an amendment to the Constitution authorizing the classification of property for taxation will provide additional revenue of from one million to four million dollars annually from taxes upon notes, mortgages, stocks, bonds and other intangible properties now escaping taxation, and

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JOURNAL OF THE SENATE,

Whereas, several hundred thousand dollars annually of additional revenue can be provided by an amendment to the Inheritance Tax laws of the State without increasing taxes and

Whereas, the State laws chartering and empowering corporations are out of date, containing glaring defects which should be corrected in anticipation of increased corporate business under changed modern business conditions adding materially to the revenues of the State through charter fees and saving to the State highly valuable citizens, corporations and investments and

Whereas, the corporation occupational tax laws are now assessed upon an inequitable basis and otherwise are not up to date under modern business conditions and

Whereas, a revision of the same will provide a material sum of additional revenue without an undue burden upon any such corporation, and

Whereas, the Supreme Court has recently declared inoperative and void the laws levying an occupation tax upon certain insurance agents involving a loss of State revenues estimated at $60,000.00 annually, and

Whereas, other hundreds of thousands of savings can be effected indirectly and the interests of the State advanced otherwise by an amendment to the Constitution authorizing the Legislature to amend, revise and perfect certain parts of the Vital Statistics laws of the State recently declared unconstitutional by the Supreme Court and

Whereas, a defect has also been found in the Crop Bill of Sale Act of 1925 which deprives the farmers of the State of the full benefits of that Act and

TuESDAY, MARCH 16, 1926.

101

Whereas, the Supreme Court has recently decl~red unconstitutional and void certain vital provisions of the laws relating to the sale of speculative securities and

"'''hereas, the Supreme Court has recently declared unconstitutional and void laws under which certain county schools are maintained and

Whereas, the Trustees of the Georgia State Sanitarium officially report that whereas the building of that Institution were crowded in 1916 with 3800 inmates, the same buildings are now overcrowded with 4600 inmates and that number increasing weekly and

Whereas, it appears that unless additional quarters are provided in the immediate future, unsanitary conditions and other incidents of overcrowding will result in suffering on the part of these unfortunate wards and the most severe reflection upon our State and

'Vhereas, the administration building of the Twelfth District Agricultural School was recently destroyed by fire and provision should be made for replacing the same, and
WHEREAS, the completion of a State system of connected paved highways embracing every county and connecting each county site in a reasonable length of time as provided by the present laws of the State is impossible under the present system of construction and

WHEREAS, the expenditure of millions upon our highways should be protected by the wisest limitations and sanest safeguards and the highways wheh constructed preserved by every reasonable regulation and

102

JOURNAL OF THE SENATE,

WHE.REAS, by clerical oversight the regular session of the General Assembly of 1925 failed to provide for the maintenance of the Veterans Service Bureau for the latter half of 1925 and the salary of the Assistant Commissioner of Commerce and Labor, as fixed by previous laws and

WHEREAS, the constructive program of better roads and better schools can be advanced by the passage of certain local measures affecting directly certain municipalities and counties and

WHEREAS, such conditions create an emergency of sufficient importance under the terms of the Constitution as to demand an extraordinary session of the General Assembly,

NOW, therefore, by virtue of the authority vested in me by Article V, Section 1, Paragraph 13, of the Constitution, I, Clifford Walker, Governor of Georgia, do hereby convoke the General Assembly of the State in extraordinary session, to meet in their respective halls at the Capitol in the City of Atlanta on the nineteenth day of March, 1926, at 10 o'clock A. M., for the following objects, all of which are considered by the Executive of sufficient importance to make the necessity for such extraordinary session, to-wit:

To submit to the people Constitutional Amendments and to enact legislation providing for:

(I) A Constitutional Amendment authorizing the Legislature to classify and segregate property for taxation,

(2) Amendments to the Inheritance Tax laws of the State,

TUESDAY, MARCH 16, 1926.

103

(3) Constitutional Amendments and statutes authorizing the chartering and empowering of corporations and amending, revising and perfecting the present corporation laws of the State generally and partcularly amending and correcting the Act of 1925 authorizing the issuance of nonpar values stock,

(4) The revision of the corporation occupational tax laws of the State,

(5) The enactment of laws revtsmg Paragraph 61, Section 2 of the General Tax Act approved December 19, 1923 and laws levying occupational taxes on insurance agents.

(6) Constitutional Amendments to Paragraph 4, Section 6 of Article 7 authorizing laws promoting health and the gathering and dissemination of vital statistics,

(7) Amending and correcting the Crop Bill of Sale, Act of 1925

(8) Revising, amending and perfecting laws of the State regulating the issuance and sale of securities,

(9) Constitutional Amendments and statutes authorizing the county authorities of the various counties of the State or of those counties in this State which have wholly or partly within their boundaries a city of not less than two hundred thousand population or any county in the State which the Legislature may authorize to levy a tax for

104

JOURNAL OF THE SENATE,

educational purposes on all the taxable property throughout the entire county, including territory embraced in independent school systems,

(10) A Constitutional Amendment authorizing the Legislature to issue bonds not to exceed $1,000,000.00 for the purchase of additional lands and the construction and equipment of buildings for the care of the insane,

(11) The appropriation of funds for the construction of a new administration building for the Twelfth District Agricultural School,

(12) Appropriations to supply the further needs of the Veterans' Service Bureau and the salary of the Assistant Commissioner of Commerce and Labor in the light of the defects in the legislation of 1925,

(13) Laws providing a state system of connected raved highways, the means to meet the cost of construction of the same and amending, altering and perfecting laws establishing a State Highway Board and state highways,

(14) Laws regulating the use of highways by trucks, busses and other vehicles and otherwise protecting and preserving same,
(15) Amendments to strengthen the enforcement of the present laws levying a state stamp tax upon cigars and cigarettes,
(16) Local legislation, either county or municipal, providing for construction, equipment and maintenance of schools and colleges, for construction of highways, closing and conveying of streets, and for registration of voters in

TUESDAY, MARCH 16, 1926.

105

municipalities where no provision for such registration has been made in the charters thereof,
(17) The payment of the obligations of the State to its Confederate Veterans,
(18) An Amendment to the Constitution of the State to authorize the issuance of State bonds for educational purposes,
(19) A change in the school fiscal year to run from June 30th to June 30th,
(20) .-\. supervisor of construction of school buildings to standardize the utility, the economy, the safety and the sanitation of public school buildings,
(21) Authorizing any independent school system to vote on the abolition of such independent system and the merging with its county system of schools,
(22) To submit to the people for their ratification or rejection a Constitutional Amendment: giving the State Highway Board legal authority to construct and maintain a modern, connected, twelve-months state system of paved highways and authorizing the issuance of state highway bonds to meet the cost of construction of same,
GIVEN under my hand and the Great Seal of the State at the City of .-\.tlanta, this the eighteenth day of March in the year of our Lord Xineteen Hundred and Twenty-six at 1:30 P. M.
CLIFFORD \VALKER, Governor.
By the Governor: S. G. ~IcLExDo:'ll, ::'ecretary of State.

106

JOURNAL OF THE SENATE,

The following Resolution, by Senator Knight of the 6th, was read and adopted and immediately transmitted to the House:

By Senator Knight of the 6th-
Senate Resolution No. 14. Whereas, His Excellency, the Governor,.Clifford Walker, by his Proclamation., convened the General .Assembly of Georgia in an extraordinary session, on February 24th, 1926, and

Whereas, The General .Assembly of Georgia is now in session, under and by virtue of the Governor's proclamation of February 13th, 1926, and

""Whereas, a new and additional call has been made, convoking the General .Assembly in an extraordinary session as of this, the 16th day of March, 1926, 12:00 o'clock M.; therefore, be it

Resolved, by the Senate, the House concurring, that the General .Assembly of Georgia, which is now in session, under and by virtue of the Governor's proclamation, dated February 13th, 1926, be, and is adjourned, sine die, for the purpose of convening in extraordinary session as of this, the 16th day of March, 1926, 12:00 o'clock, M., under and by virtue of proclamation of His Excellency, the Governor, dated March 16th, 1926.

Senator Collier of the 22nd asked unanimous consent that the Senate recess, subject to the call of the Chair.

The consent was granted, and the President Pro Tern declared a recess.
The Senate reconvened at 12:50 o'clock, P. M., and was called to order by the President Pro Tern.

TuESDAY, MARCH 16, 1926.

107

The following message was received from the House through ~1r. Moore, the Clerk thereof:

:Mr. President:
The House has failed to adopt the following Resolution of the Senate, to-wit:

By Mr. Knight of the 6th District-
A Resolution that the General Assembly do now adjourn sine-die.

Senator Knight of the 6th moved that the Secretary notify His Excellency, the Governor, that the House and Senate are in disagreement as to adjournmnt, sine die, the House having failed to adopt Senate Resolution No. 14.

The motion prevailed.

In pursuance of above motion the Secretary transmitted the following to His Excellency, the Governor:

To His Excellency
Governor Clifford vValker:
I am directed by the Senate to advise your Excellency of the existence of a difference between the Senate and the House as to time of adjournment sine die of the General Assembly under your call dated February 13, 1926, and convening said Assembly in extraordinary session on February 24, 1926.
The Senate sought sine die adjournment of the present session for the purpose of convening in extraordinary

108

JouRNAL OF THE SENATE,

session under your call dated March 16, 1926, at 12 :JL Tuesday. The House refused to conc~r in said action.

Respectfully,

Atlanta, March 16, 1926.

Devereaux F. McClatchey, Secretary of Senate.

Senator Knight of the 6th asked that the Senate recess until the matter under consideration in Senate Resolution .Xo. 14 be disposed of.

The consent was granted, and the President Pro Tem declared a recess at 12:59 o'clock P. :JI.

The Senate reconven.ed at 1:25 o'clock P. M., and was ealled to order by the President Pro Tem.

Senator Knight of the 6th moved that the Senate do now acljourn until 11:00 o'clock to-morrow morning.

The motion prevailed.

The President Pro Tem declared the Senate adjourned untilll :00 o'clock A. :M. to-morrow.

WEDNESDAY, MARCH 17, 1926.

109

TWENTY-SECOND DAY

Se1late Chamber, Wednesday, March 17th, 1926.

'rhe Senate met pursuant to adjournment at 11:00 o'clock A. M., this day, and was called to order by the President Pro Tern.

Prayer was offered by the Chaplain.

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

Andrews, E. E.
Bell, W. L.
Boykin, Shirley C.
Carr, Milton B. Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Cole, R. D. Collier, J. C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y.

Hayes, W. C.
Hendrix, W. C.
Hughes, H. L. D.
Hutcheson, J. R. Knight, P. T. Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I. Memory, S. Forster Miller, A. L. Morgan, S. H. Moye, R. L. Neal, Benj. F. Norman, R. L.

Owen, C. F. Peacock, J. P.
Peebles, I. S., Jr.
Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B. Mr. President.

Senator Andrews of the 31st, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

Senator Sapp of the 43rd asked unanimous consent that the reading of the Journal be dispensed with, and the consent was granted.

110

JOURNAL OF THE SENATE,

The Journal was confirmed.

The President Pro Tern called for the reports of standing Committees.

Mr. Bell of 51st District, Chairman of the Committee on Corporations submitted the following report:

Mr. President:
Your Committee on Corporations have had under consideration the following Bill of the House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.

By Mr. Bower of Decatur-
House Bill No. 32. To authorize the Mayor and Aldermen of the City of Bainbridge to grade and pave and otherwise improve the streets, sidewalks and alleys and to issue bonds therefor.
Bell, Chairman.

Mr. Harrell of 12th District, Vice Chairman of the Committee on County and County Matters, submitted the following report:

Mr. President:
Your ommittee on County and County Matters have had under consideration the following Bills of the Senate and have instructed me as Vice Chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 10. A Bill entitled an Act to amend an Act entitled an Act to consolidate the office of Tax Receiver and Tax Collector of Laurens County, Ga., into

WEDNESDAY, MARCH 17, 1926.

111

the office of Tax Commissioner as is provided in Par. 1, Section 3, Article 11 of the Constitution of Georgia, so as to provide for election of and compensation for and Bond of said Tax Commissioner, etc.

Also Senate Bill No. 12, by Senator Collier of 22nd. A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Lamar of Georgia, to provide their qualifications, methods of election, time of office, powers, authority and liability to provide for an executive officer to be selected by said Board to be known as County Manager, and to set forth his powers, duties and liabilities and qualifications for office, and to provide for audit of books and officers of said county, etc., that the same do pass.
G. Y. Harrell, Vice Chairman.

The following House Bills and Senate Bills were read the second time and recommitted:

By Messrs. Blease and Turner of Brooks-
House Bill No. 11. A Bill to authorize the Board of Commissioners of the City of Quitman to improve the streets, by paving, etc.

By Senator Collier of the 22nd-
Senate Bill No. 11. A Bill to prescribe the manner of electing members of the City Board of Education of Barnesville, Georgia, defining their powers and duties; and for other purposes.

The following House Bills and Senate Bills were read the second time :

By Mr. Bower of Decatur-

' .

House Bill No. 32. A Bill to authorize the Mayor and

112

JouRNAL OF THE SENATE,

Aldermen of the City of Bainbridge to grade, pave, and otherwise improve the streets, sidewalks and alleys, and to issue bonds therefor.

By :\Ir. Lyons of Butts-
House Bill No. 28. A Bill to amend the charter of the City of Jackson.

By Senator Collier of the 22nd-
Senate Bill No. 10. A Bill to consolidate Tax Collector and Tax Receiver of Lanier County; and for other purposes.
By Senator Collier of the 22nd-
Senate Bill Ko. 12. A Bill to create a Board of Commissioners of Roads and Revenues for Lamar County; and for other purposes.

Senator Knight of the 6th and Senator Moye of the 11th arose to a question of personal privilege.

Senator Knight of the 6th mond that the following official communication be transmitted by the Senate to His Excellency, the Governor:
Senate Chamber, Atlanta, Georgia,
I\Iarch 17th, 1926.

His Excellency, Govemor Clifford \-Valker:
The State Senate desires to again respectfully inform your Excellency that there still exists a disagreement between the State Senate and the House of Representatives on the question of adjournment, under the call of your Excellency, dated February 13th, 1926, convening this General Assembly m extraordinary session, February 24th, 1926.

WED~ESDAY, MARCH 17, 1926.

113

Senator :Memory of the 46th called for the Ayes and Xays, and the call was sustained.

Senator Knig-ht of the 6th asked for information as to what the Journal showed in reference to notice given the GoYernor in reference to Senate Resolution No. 14.

The Secretary read what the Journal showed as to this matter.
r pon the call of the roll, the vote was as follows:

AffirmatiYe-
Boykin, ShirlPy C. Carr, Milton B. Carswdl, Dr. H. J. Clary, E. D. Ckments, J. B. Cole, R. D.

Collier, J. C.
DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Hughes, H. L. D. Knight, P. T.

l\loye, R. L.
Ricketson, Dr. F. B. Sapp, W. l\1.
Thompson, J. ::-r. B.

Xegative-

Andrews, E. E.
Bell, W. L. Guess, Carl ~.
Harrell, G. Y. Hayes, \Y. C. Hendrix, "". C. Hutcheson, J. R. Maddox, A. K.

l\latthews, Dr. Joe I.
l\lemory, S. Forster
Miller, A. L.
Morgan, S. H. Neal, Benj. F. Norman, R. L. Owen, C. F. Peacock, J. P.

Peebles, I. S., Jr. Pickren, T. L. Pruett, J. F. Rountree, Dr. A. M. ""pllborn, Dr. E. C. Wilkerson, ReY. H. B.

The motion having failed to receive the requisite Constitutional majority was lost.

Smwtor Harrell of the 12th moved that the Senate reconsider its action on the confirmation of the .Journal of yesterday's proceedings.

Senator Sapp of the 43rd arose to a point of order and stated that the Senator from the 12th could not discuss the matter and then make a motion.

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JOURNAL OF THE SENATE,

The point of order was sustained.

Senator Knight of the 6th moved that the Senate do now adjourn.

Senator Hutcheson of the 39th asked that Senator Knight's motion be withdrawn, in order that the Senate receive a message from the House.

Senator Knight of the 6th withdrew his motion.
The following message was received from the House through Mr. MQore, the Clerk thereof:

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

By Mr. Humphrey of Emanuel-
House Bill No. 33. A Bill to amend the Charter of the City of Swainsboro, Georgia, so as to allow paving.

By Messrs. Rice and Hancock of JacksonHouse Bill No. 34. A Bill to amend the Charter of the
City of Commerce, Georgia, so as to allow paving.
By Mr. Perkins of JenkinsHouse Bill No. 35. A Bill to amend the Charter of the
City ~f Millen, Georgia, so as to allow paving.
By Messrs. Harris and England of JeffersonHouse Bill No. 36. A Bill to amend the Charter of the
City of Louisville, Georgia, so as to allow paving.

WEDNESDAY, MARCH 17, 1926.

115

By Messrs. England and Harris of Jefferson-
House Bill No. 37. A Bill to amend the Charter of the City of Wadley, Georgia, so as to allow paving.

The following House and Senate Bills were read the first time and referred to Committees:

By Mr. Humphrey of Ema.nuel-
HQuse Bill No. 33. A Bill to amend an Act incorporating the City of Swainsboro.

Referred to Committee on Corporations.

By Messrs. Rice and Hancock of Jackson-

House Bill N"o. 34. A Bill to amend the charter of the

City of Commerce.



Referred to Committee on Municipal Government.

By Mr. Perkins of Jenkins-
House Bill No. 35. A Bill to amend an Act creating a new charter for the City of Millen.

Referred to Committee on Municipal Government.

By Messrs. Harris and England of JeffersonHouse Bill No. 36. A Bill to amend charter of the City
of Louisville, Jefferson County, Ga., so as to allow paving.
Referred to Committee on Municipal Government.
By Messrs. England and Harris of JeffersonHouse Bill No. 37. A Bill to amend charter of the City
of Wadley, Jefferson County, Ga., authorizing issuance of

116

JOURNAL OF THE SENATE,

bonds to pave streets, sidewalks, etc.; and for other purposes.

Referred to Committee on Municipal Government.

By Senator Memory of the 46th-
Senate Bill No. 13. A Bill to amend Act approved August 22nd, 1925, which Act amended Section 3306 of the Civil Code, authorizing advances for purpose of planting, making or gathering a crop or crops.

Referred to Committee on General Judiciary No. 2.

By Senator Carswell of the 5th-
Senate Bill Ko. 14. A Bill to amend Section 6 of an Act to repeal an Act incorporating the town of Homerville, in the County of Clinch, approved December 23rd, 1896, etc.; to provide a new charter; and for the election of ~layor and Councilmen; etc.

Referred to Committee on ~Iunicipal Government.

By Senator Guess of the 34thSenate Bill No. 15. A Bill to amend an Act approved
August 22nd, 1925, to alter, amend and revise the laws au-
thorizing and regulating the issuing of non-par stock by corporations.
Referred to Committee on Gei1eral Judiciary :No. 2.
Senator Parker of the 2nd and Senator Sapp of the 43rd were granted leave of absence.
Senator Hughes of the 21st moved that the Senate do now adjourn, until 11 :00 o'clock to-morrow morning.
The motion prevailed.

WEDNESDAY, MARCH 17, 1926.

117

The privileges of the floor were extended to Honorable Ernest A. Buttrick of New York during his stay in the City.

The President Pro Tern declared the Senate adjourned until to-morrow moming at 11:00 o'clock.

118

JouRNAL OF THE SENATE,

TWENTY-THIRD DAY

Senate Chamber, Thursday, March 18th, 1926.

The Senate met pursuant to adjournment at 11:00 o'clock A. 1\L, this day, and was called to order by the President Pro Tern.

Prayer was offered by the Chaplain.

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

Bell, W. L.
Boykin, Shirley C.
Carr, Milton B.
Clary, E. D. Clements, J. B. Cole, R. D. Collier, J. C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y. Hayes, W. C.

Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Luttrell, J. A. Matthews, Dr. Joe I. Memory, S. Forster Miller, A. L. Morgan, S. H. Moye, R. L. Neal, Benj. F.

Norman, R. L. Owen, C. F. Peacock, J. P. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B.

Senator Hughes of the 21st asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.

The Journal was confirmed.

THURSDAY, MARCH 18, 1926.

119

Senator Knight of the 6th asked unanimous _consent that Senate Rule No. 23 be dispensed with for the session of to-day, and the consent was granted.

The President Pro Tern called for the reports of standing Committees.

Mr. Bell of 51st District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your Committee on Corporations have had under consideration the following Bill of the House and have instructed me as Chairman, to report the same back to the Senate with the rcommendation that it do pass.

By Messrs. Blease and Turner of BrooksHouse Bill No.ll. To authorize the City of Quitman to
improve its streets and for other purposes. Bell, Chairman.
Mr. Memory of 46th District, Chairman of the Committee on Highways, submitted the following report:

Mr. President:
Your Committee on Highways have had under consideration the following Bill and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 28. To be entitled An Act to amend the charter of the City of J acksou.
Memory, Chairman.
March 9, 1926.

120

JouR~AL oF THE SE~ATE,

~Ir. Knight of 6th District, Chairman of the Committee on Education submitted the following report:

Mr. President:
Your Committee on Education have had under consideration the follo,ving Bill of the Hom;e and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.

By ~Ir. Collier of :22nd-
Senate Bill No. 11. To prescribe the manner of electing members of the City Board of Education for BamesYillc, Ga., defining their powers and duties.

Respectfully submitted,

March 18, 1926.

Knight 6th, Chairman.

J. B. Clements, Secretary.

The following House Bills and Senate Bills were read the third time, and put upon their passage:

By :Messrs. Lawton, Denmark and Alexander of Chatham.

}~. BILL TO BE ENTITLED
An Act to propose to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia to amend Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia, as amended, by adding thereto the following words: "ProYided the County of Chatham in this State can issue and sell, from time to time, bonds for the preparation for the paving and for the paving of Victory Drive, the road to Tybee, a public road of said County from the end of the present

THURSDAY, MARCH 18, 1926.

121

asphalt paving thereon at Thunderbolt, or warsaw, to the beginning of the present asphalt paving at Tybee, with
concrete and I or asphalt and I or other suitable material,
without the said assent of two thirds of the qualified voters at an election called therefor, but upon a three fifths vote of the Commissioners of Chatham County and Ex-officio Judges, with these limitations: First, the bonds shall be serial bonds, to be retired annually within a term of not to exceed ten years, bearing a rate of interest not to exceed fi\e per cent. per annum, but otherwise in form fixed by said Commissioners; second, the amount of such issue shall not exceed the contract price bid for such preparation for an
I or paving, by the lowest responsible bidder, upon com-
petitive proposals, after previous advertisement once a week for four weeks inviting such proposals, provided, nevertheless, said commissioners may use convict labor to
prepare and I or pave said road, in whole or in part, to-
gether with or apart from any contract therefor; third, the principal and interest of said bonds shall be first paid by reasonable tolls, which are hereby authorized to be imposed and collected by said Commissioners, for the use of said road and its bridges, and only the deficiency, if any, of such tolls to meet such payments and the cost of maintaining said road and its bridges shall be paid out of other funds of said county during the term of said bonds; fourth, such indebtedness when incurred shall not be considered in determining the power of said county to incur any other bonded indebtedness" and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows:
Section 1. That Article 7, Section 7, Paragraph 1 of the Constitution of this State, as amended, be amended by adding thereto the following language:
"Provided the County of Chatham in this state can issue and sell, from time to time, bonds for the preparation

122

JouRNAL oF THE SENATE,

for the paving and for the paving of Victory Drive, the Road to Tybee, a public road of said County, from the end of the present asphalt paving thereon at Thunderbolt, or Warsaw, to the beginning of the present asphalt paving
at Tybee, with concrete and I or asphalt and I or other
suitable material, without the said assent of two thirds of the qualified voters at an election called therefor, but upon a three fifths vote of the Commissioners of Chatham County and Ex-Officio Judges, with these limitations; First, the bonds shall be serial bonds, to be retired annually within a term of not to exceed ten years, bearing a rate of interest not to exceed five percent. per annum, but otherwise in form fixed by said Commissioners; second, the amount of such issue shall not exceed the contract price bid for such preparation for and/or paving, by the lowest responsible bidder, upon competitive proposals, after previous advertisement once a week for four weeks inviting such proposals, provided, nevertheless, said commissioners may use convict labor to prepare and/or pave said road, in whole or in part, together with or apart from any contract therefor; third, the principal and interest of said bonds shall be first paid by reasonable tolls, which are hereby authorized to be imposed and collected by said Commissioners, for the use of said road and its bridges, and only the deficiency, if any, of such tolls to meet such payments, and the cost of maintaining said road and its bridges shall be paid out of other funds of said county during the term of said bonds; fourth, such indebtednes~ when incurred shall not be considered in determining the power of said county to incur any other bonded indebtedness".

Section 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by twothirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon,

THURSDAY, MARCH 18, 1926.

123

the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State for two months next preceding the time of holding the next General election.

Section 3. Be it further enacted by the authority aforesaid that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next General Election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article Seven [7], Section Seven [7], Paragraph One [1], of the Constitution authorizing Chatham County to issue bonds to pave the Road to Tybee"; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article Seven [7], Section Seven [7], Paragraph One [1] of the Constitution authorizing Chatham County to issue bonds to pave the Road to Tybee".

If a majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for the ratification of said proposed amendment, when the results shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a. part of Article Seven [7], Section Seven [7], Paragraph One [1] of the Constitution of this State, and, if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State to whom the returns shall be referred in the manner provided as in elections for members of the General Assembly, to count

124

JouRNAL OF THE SEXATE,

and ascertain the result, make his proclamation of the result by publication in one of the daily papers of this State, announcing such result and declaring the amendment ratified. The said amendment, when ratified, shall be self executing and cumulative of the authority of said county to vote upon and issue bonds, as provided in Article Seven [7], Section Seven [7], Paragraph One [I] of the Constitution

Section 4. Be it futher enacted by the authority aforesaid that all law and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

V pon the call of the roll, the vote was as follows:

Affirmatin-

Bell,''" L. Boykin, Shirley C. Clary, E. D. Clements, J. B. Cole, R. D. Collier, J. C. DeLaPerrierP, H. 1'. Dixon, J. A. Foster, A. G. Guess, Carl X. HarrPll, G. 1. Hayes, W. C.

Hendrix, '''. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I. l\Iemory, S. ForstPr Miller, A. L. Morgan, S. H. Moye, R. L.

Neal, Benj. F. Norman, R. L. Owen, C. F. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Thompson, J. ~- B. Wellborn, Dr. E. C. Wilkerson, ReY. H. B.

On the passage of the Bill, the Ayes were 36 and the Nays 0.

The Bill ha,ing rcceind the requisite Constitutional majority was passed.

By Messrs. Blease and Turner of BrooksHouse Bill NO; 11. A Bill to authorize the Board of

THURSDAY, MARCH 18, 1926.

125

Commissioners of the City of Quitman to improve the streets by paving, etc.; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 32 and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

By Mr. Lyons of Butts-
House Bill i\ o. 28. A Bill to amend the charter of the City of Jackson.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 31 and the Kays 0.
The Bill having receind the requisite Constitutional majority -.,vas passed.

By l\Ir. Bower of Decatur-
House Bill Xo. 3:2. A Bill to authorize the Mayor and Aldermen of the City of Bainoridge to grade, pave and otherwise impro,e the streets, sidewalks and alleys, and to issue bonds therefor.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 26 and the Nays 0.
The Bill ha"f'ing received the requisite Constitutional majority was passed.

126

JouRNAL oF THE SE~ATE,

By Senator Collier of the 22nd-
Senate Bill No. 10. A Bill to amend an Act to consolidate the office of Tax Receiver and Tax Collector of Lamar County into the office of Tax Commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 32 and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

By Senator Collier of the 22nd-
Senate Bill No. 11. A Bill to prescribe the manner of electing the members of the City Board of Education of Barnesville, Georgia.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 30 and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

By Senator Collier of the 22ndSenate Bill No. 12. A Bill to create a Board of Com-
missioners of Roads and Revenues for the County of Lamar.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 29 and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

THURSDAY, MARCH 18, 1926.

127

Senator Knight of the 6th asked unanimous consent that the Senate recess, at this time, subject to the call of the Chair, and the consent was granted.

The Senate rconvened at 12:59 o'clock, P. M., and was called to order by the President Pro Tern.

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

Mr. President:
The House has adopted the following Resolution of the House, to-wit:

By Mr. Neill of Muscogee and others-
House Resolution No. 37. A Resolution that the General Assembly do now adjourn sine die, and a joint committee be appointed of two from the Senate and three from the House to notify the Governor.
The Speaker appointed as a committee on the part of House the following: Messrs. Dykes of Dooly, Denmark
of Chatham, and vVestbrook of Dougherty.

Senator Boykin of the 37th moved that the session be extended until the message of the House could be acted on.
The motion prevailed.

The following Resolution of the House was read and adopted:

By Messrs. Dykes of Dooly, Culpepper of Fayette, Lawton of Chatham, Mann of Glynn, Jones of Meriwether, Stone of Union, Neal of Muscogee-
House Resolution No. 37. Resolved, by the House, they..

128

JouRNAL OF THE SENATE,

Senate concurring, that the extraordinary session of the General Assembly of Georgia, convoked by proclamation of His Excellency, the Goveruor, issued on the J:)th clay of February, Hl2G, to conYene 011 February ~4th, 1~)~6, at 10:00 o'clock, A. ~I., in the State Capitol at Atlanta, Georgia, do now adjourn, sine die; and that upon adoption of this Resolution, a Committee of three from the House, to be appointed by the Speaker, and two from the Seuate, to be appointed hy the President, clo notify His Excellency of this action. That it is by this Resolution proYided and intended that the session called h~ the GoYernor 011 Jlmch 16th, 1926, be, and is hereby included in adjourning the session of the General Assembly of Georgia, and both the session called February 24th, l~J:W, and the session called ~larch 16th, 1926, are hereby adjourued, sine die.
On the adoption of the Resolution, the Ayes were 34 and the Xays 0.
In pursuance of above Resolution, the President Pro Tem appointed the following Committee: Senator Knight of the 6th and Senator Harrell of the 12th, to act with like Committee from the House, to notify His Excellency, the Governor, of the action of the General Assemblv in adopting a Resolution of sine die adjournment.

Senator }loye of the 11th arose to a question of personal privilege.

The Committee on the part of the Senate, to notify His Excellency, the Gonruor, of the adoption of a Resolution of Sine Die adjournment, made the following report:

?\Ir. President:
Your Committee appointed on the part of the Senate, together with like Committee from the House to notify his Excellency, the Governor, of the action of the General ~~ Assembly in adopting a resolution of sine die adjourn-

THURSDAY, MARCH 18, 1926.

129

ment has perfonned its duties under said resolution and his Excellency stated the he requests the members of this body to remain in the Senate Chamber in order to receive notice of an official proclamation convening the General Assembly in extraordinary session for 10 o'clock Friday A. M., :March 19, 1926.
P. T. Knight of 6th, G. Y. Harrell of 12th, Committee on part of Senate.

A message in writing was received from His Excellency, the Governor, through :Mr. John B. Wilson, his Secretary, to which he respectfully called the attention of the Senate.

The following communication from His Excellency the Governor was read by the Secretary:

A PROCLAMATION.
WHEREAS, one-half of the boys and girls of the State living outside of the towns and cities are suffering from the rankest discrimination as to educational opportunities and
WHEREAS, common justice requires that equal elemental educational advantages must in good morals be given to the children in the country as well as to those in the towns and cities and
WHEREAS, these equalizing opportunities can be afforded the underprivileged children in the country only by providing additional revenue from the taxation of properties now escaping taxation and
WHEREAS, expert tax authorities estimate that an amendment to the Constitution authorizing the classification of property for taxation will provide additional revenue of from one million to four million dollars annually from taxes

130

JouRNAL OF THE SENATE,

upon notes, mortgages, stocks, bonds and other intangible properties now escaping taxation, and

WHEREAS, several hundred thousand dollars annually of additional revenue can be provided by an amendment to the Inheritance Tax laws of the State without increasing taxes and

WHEREAS, the State laws chartering and empowering corporations are out of date, containing glaring defects which should be corrected in anticipation of increased corporate business under changed modern business conditions adding materially to the revenues of the State through charter fees and saving to the State highly valuable citizens, corporations and investments and

WHEREAS, the corporation occupational tax laws are now assessed upon an inequitable basis and otherwise are not up to date under modern business conditions and

WHEREAS, a revision of the same will provide a material sum of additional revenue without placing an undue burden upon any such corporation, and

WHEREAS, the Supreme Court has recently declared inoperative and void the laws levying an occupation tax upon certain insurance agents involving a loss of State revenues estimated at $60,000.00 annually and

WHEREAS, other hundreds of thousands of savings can be effected indirectly and the interests of the State advanced otherwise by an amendment to the Constitution authorizing the Legislature to amend, revise and perfect certain parts of the Vital Statistics laws of the State recently declared unconstitutional by the Supreme Court and
WHEREAS, a defect has also been found in the Crop Bill of Sale Act of 1925 which deprives the farmers of the State of the full benefits of that Act and

THURSDAY, MARCH 18, 1926.

131

WHEREAS, the Supreme Court has recently declared unconstitutional and void certain vital provisions of the laws relating to the sale of speculative securities and

WHEREAS, the Supreme Court has recently declared unconstitutional and void laws under which certain county schools are maintained and

WHEREAS, the Trustees of the Georgia State Sanitarium officially report that whereas the buildings of that Institution were crowded in 1916 with 3,800 inmates, the same buildings are now overcrowded with 4,600 inmates and that number increasing weekly and

WHEREAS, it appears that unless additional quarters are provided in the immediate future, unsanitary conditions and other incidents of overcrowding will result in suffering on the part of these unfortunate wards and the most severe reflection upon our State and

WHEREAS, the administration building of the Twelfth District Agricultural School was recently destroyed by fire and provision should be made for replacing the same, and

WHEREAS, the completion of a State system of connected paved highways embracing every county and connecting each county site in a reasonable length of time as provided by the present laws of the St!ite is impossible under the present system of construction and

WHEREAS, the expenditure of millions upon our highways should be protected by the wisest limitations and sanest safeguards and the highways when constructed preserved by every reasonable regulation and

WHEREAS, by clerical oversight the regular session of the General Assembly of 1925 failed to provide for the maintenance of the Veterans Service Bureau for the latter

132

JOURNAL OF THE SENATE,

half of 1925 and the salary of the Assistant Commissioner of Commerce and Labor, as fixed by previous laws and
WHEREAS, the constructive program of better roads and better schools can be advanced by the passage of certain local measures affecting directly certain municipalities and counties and
WHEREAS, such conditions create an emergency of sufficient importance under the terms of the Constitution as to demand an extraordinary. session of the General Assembly,
WHEREAS, in equity and good conscience a debt secured by lands should be credited with the fair value of the lands upon the sale of the same under execution of other legal process, and
WHEREAS, confusion attends the amending of a call by the Governor of an extraordinary session of the General Assembly by additional subjects for its consideration, which additions may appear necessary through emergencies which may arise after the issuance of the call or through developments which may arise in debate or other legislative process while the Assembly is in session,

NOW, therefore, by virtue of the authority vested in me by Article V, Section 1, Paragraph 13, of the Constitution, I, Clifford Walker, Governor of Georgia, do hereby convoke the General Assembly of the State in extraordinary session to meet in their respective halls at the Capitol in the City of Atlanta on the nineteenth day of March, 1926, at 10 o'clock A. M., for the following objects, all of which are considered by the Executive of sufficient importance to make the necessity for such extraordinary session, to-wit:

To submit to the people Constitutional Amendments and to enact legislation providing for:
(I) A Constitutional Amendment authorizing the Legislature to classify and segregate property for taxation,

THURSDAY, MARCH 18, 1926.

133

(2) Amendments to the Inheritance Tax laws of the State,
(3) Constitutional Amendments and statutes authorizing the chartering and empowering of corporations and amending, revising and perfecting the present corporation laws of the State generally and particularly amending and correcting the Act of 1925 authorizing the issuance of nonpar values stock,

(4) The revision of the corporation occupational tax laws of the State,

(5) The enactment of laws rev1smg Paragraph 61, Section 2 of the General Tax Act approved December 19, 1923 and laws levying occupational taxes on insurance agents.
(6) Constitutional Amendments to Paragraph 4, Section 6 of Article 7 authorizing laws promoting health and the gathering and dissemination of vital statistics,

(7) Amending and correcting the Crop Bill of Sale, Act of 1925
(8) Revising, amending and perfecting laws of the State regulating the issuance and sale of securities,

(9) Constitutional Amendments and statutes authorizing the county authorities of the various counties of the State or of those counties in this State which have wholly or partly within their boundaries a city of not less than two hundred thousand population or any county in the State which the Legislature may authorize to levy a tax not exceeding one mill for educational purposes on all the taxable property throughout the entire county, including territory embraced in independent school systems,

(10) A Constitutional Amendment authorizing the Legislature to issue bonds not to exceed $1,000,000.00 for

134

JouRNAL OF THE SENATE,

the purpose of additional lands and the construction and equipment of buildings for the care of the insane,

(11) The appropriation of funds for the construction of a new administration building for the Twelfth District Agricultural School.

(12) Appropriations to supply the further needs of the Veterans' Service Bureau and the salary of the Assistant Commissioner of Commerce and Labor in the light of the defects in the legislation of 1925,

(13) Laws providing a state system of connected paved highways, the means to meet the cost of construction of the same and amending, altering and perfecting laws establishing a State Highway Board and state highways,
(14) Laws regulating the use of highways by trucks, busses and other vehicles and otherwise protecting and preservmg same,
(15) Amendments to strengthen the enforcement of the present laws levying a state stamp tax upon cigars and cigarettes,
(16) Local legislation, either county or municipal, providing for construction, equipment and maintenance of schools and colleges, for construction of highways closing and coveying of streets, and for registration of voters in municipalities where no provision for such registration has been made in the charters thereof,
(17) The payment of the obligations of the State to its Confederate Veterans,
(18) An amendment to the Constitution of the State to authorize the issuance of State bonds for educational purposes,
(19) A change in the school fiscal year to run from June 30th to June 30th,

THURSDAY, MARCH 18, 1926.

135

(20) A supervisor of construction of school buildings to standardize the utility, the economy, the safety and the sanitation of public school buildings,

(21) Authorizing any independent school system to vote on the abolition of such independent system and the merging with its county system of schools,

(22) To submit to the people for their ratification or

rejection a Constitutional Amendment; giving the State

Highway Board legal authority to construct and maintain

a modern, connected, twelve-months state system of paved

.highways and authorizing the issuance of state highway

bonds to meet the cost of construction of same.



(23) That when real estate is sold under any judgment or decree or mortage foreclosure or power of sale or other process said sale shall not be complete unless and until confirmed by the Judge of the Superior Court,
(24) The payment of the expenses of the extraordinary session as fixed by law,
(25) A Constitutional Amendment affirmatively and clearly authorizing the Governor to amend a call of an extraordinary session of the General Assembly by adding subjects for its consideration,
Given under my hand and the Great Seal of the State at the City of Atlanta, this the sixteenth day of March in the year of our Lord Nineteen Hundred and Twenty-six., Ten A.M.
CFIFFORD wALKER,
Governor. By the Governor: S. G. McLENDON, Secretary of State.
The President Pro Tern declared the Senate adjourned, sine die.

Senate
OF
The State of Georgia
Extraordinary Session
From March 19, 1926 to April 15, 1926 Inclusive

FffiST DAY

Senate Chamber, Friday, March 19th, 1926.

The Senate met in extraordinary session at 10:00
o'Clock A. M., this day, and was called to order by the
President ProTem, Honorable J. A. Dixon.

Prayer was offered by the Chaplain, the Reverend J. W. G. Watkins of College Park.

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

A:ndrews, E. E. Bell, W. L.
Boykin, Shirley C. Clements, J. B. Dixon, J. A.
Guess, Carl N. Ha.rrell, G. Y. Hendrix, W. C. Hughes, H. L. D.

Hutcheson, ;r. lL
Johnson, L. F. Knight, P. T. Maddas:, A. K. Middleton, D. 8. Miller, A. L.
Morgan, S.. H. Moye, R. L. Norman, R. L.

Owen, C. F. Peacock, J. P. Peebles, I. 8., Jr. Perkins, R 0. Pickren, T. L. Pruett, J. F. Stevens, C. 0. Thompson, J. N. B.
Wellborn, Dr. E. C.

The President Pro Tem caused the following Proclamation to be read:

A PROCLAMATION.
WHEREAS, one-half of the boys and girls of the State living outside of the towns and cities are suffering from the rankest discrimination as to educational opportunities and
WHEREAS, oommon justice requires that equ al elemental educational advantages must in good morals be given

140

JouRNAL OF THE SENATE~

to the children in the country as well as to those in the towns and cities and

WHEREAS, these equalizing opportunities can be afforded the underprivileged childrezi"in the country only by providing additional revenue from the taxation of properties now escaping taxation and

WHEREAS, expert tax authorities estimate that an amendment to the Constitution authorizing the classification of property for taxation will provide additional revenue of from one million to four million dollars annually from taxes upon notes, mortgages, stocks, bonds and other intangible properties now escaping taxation, and

WHEREAS, several hundred thousand dollars annually of additional revenue can be provided by an amendment to the Inheritance Tax laws of the State without increasing taxes and

WHEREAS, the State laws chartering and empowering corporations are out of date, containing glaring defects which should be corrected in anticipation of increased corporate business under changed modern business conditions adding materially to the revenues of the State through charter fees and saving to the State highly valuable citizens, corporations and investments and

WHEREAS, the corporation occupational tax laws are now assessed upon an inequitable basis and otherwise are not up to date under modern business conditions and

WHEREAS, a revision of the same will provide a material sum of additional revenue without placing an undue burden upon any such corporation, and

WHEREAS, the Supreme Court has recently declared inoperative and void the laws levying an occupation tax

FRIDAY, MARCH 19, 1926.

141

upon certain insurance agents involving a loss of State revenues estimated at $60,000.00 annually and

WHEREAS, other hundreds of thousands of savings can be effected indirectly and the interests of the State advanced otherwise by an amendment to the Constitution authorizing the Legislature to amend, revise and perfect certain parts of the Vital Statistics laws of the State recently declared unconstitutional by the Supreme Court and

WHEREAS, a defect has also been found in the Crop

Bill of Sale Act of 1925 which deprives the farmers of the

State of the full benefits of that Act and



WHEREAS, the Supreme Court has recently declared unconstitutional and void certain vital provisions of the laws relating to the sale of speculative securities and

WHEREAS, the Supreme Court has recently declared unconstitutional and void laws under which certain county schools are maintained and

WHEREAS, the Trustees of the Georgia State Sanitarium officially report that whereas the buildings of that Institution were crowded in 1916 with 3,800 inmates, the same buildings are now overcrowded with 4,600 inmates and that number increasing weekly and

WHEREAS, it appears that unless additional quarters are provided in the immediate future, unsanitary conditions and other incidents of overcrowding will result in suffering on the part of these unfortunate wards and the most severe reflection upon our State and

WHEREAS, the administration building of the Twelfth District Agricultural School was recently destroyed by fire and provision should be made. for replacing the same, and

142

JouRNAL OF THE SENATE,

WHEREAS, the completion of a State system of connected paved highways embracing every county and connecting each county site in a reasonable length of time as provided by the present laws of the State is impossible under the present system of construction and

WHEREAS, the expenditure of millions upon our highways should be protected by the wisest limitations and sanest safeguards and the highways when constructed preserved by every reasonable regulation and

WHEREAS, by clerical oversight the regular session of the General Assembly of 1925 failed to provide for the maintenance of the Veterans Service Bureau for the latter half of 1925 and the salary of the Assistant Commissioner of Commerce and Labor, as fixed by previous laws and

WHEREAS, the constructive program of better roads and better schools can be advanced by the passage of certain local measures affecting directly certain municipalities and counties and

WHEREAS, such conditions create an emergency of sufficient importance under the terms of the Constitution as to demand an extraordinary session of the General Assembly,

WHEREAS, in equity and good conscience a debt secured by lands should be credited with the fair value of the lands upon the sale of the same under execution of other legal process, and

WHEREAS, confusion attends the amending of a call by the Governor of an extraordinary session of the General Assembly by additional subjects for its consideration, which additions may appear necessary through emergencies which may arise after the issuance of the call or through developments which may arise in debate or other legislative process while the Assembly is in session,

FRIDAY, MARCH 19, 1926.

143

NOW, therefore, by virtue of the authority vested in me by Article V, Section 1, Paragraph 13, of the Constitution, I, Clifford Walker, Governor of Georgia, do hereby convoke the General Assembly of the State in extraordinary session, to meet in their respective halls at the Capitol in the City of Atlanta on the nineteenth day of March, 1926, at 10 o'clock A. M., for the following objects, all of which are considered by the Executive of sufficient importance to make the necessity for such extraordinary session, to-wit:

To submit to the people Constitutional Amendments and to enact legislation providing for:

(1) A Constitutional Amendment authorizing the Legislature to classify and segregate property for taxation,

(2) Amendments to the Inheritance Tax laws of the State,
(3) Constitutional Amendments and statutes authorizing the chartering and empowering of corporations and amending, revising and perfecting the present corporation laws of the State generaHy and particularly amending and correcting the Act of 1925 authorizing the issuance of nonpar values stock,
(4) The revision of the corporation occupational tax laws of the State,
(5) The enactment of laws revising Paragraph 63, Section 2 of the General Tax Act approved December 19, 1923 and laws levying occupational taxes on insurance agents.
(6) Constitutional Amendments to Paragraph 4, Section 6 of Article 7 authorizing laws promoting health and the gathering and dissemination of vital statistics,

(7) Amending and correcting the Crop Bill of Sale, Act of 1925

144

JouRNAL OF THE SENATE,

(8) Revising, amending and perfecting laws of the State regulating the issuance and sale of securities,

(9) Constitutional Amendments and statutes authorizing the county authorities of the various counties of the State or of those counties in this State which have wholly or partly within their boundaries a city of not less than two hundred thousand population or any county in the State which the Legislature may authorize to levy a tax not exceeding one mill for educational purposes on all the taxable property throughout the entire county, including territory embraced in independent school systems,

(10) A Constitutional Amendment authorizing the Legislature to issue bonds not to exceed $1,000,000.00 for the purpose of additional lands and the construction and equipment of buildings for the care of the insane,
(11) The appropriation of funds for the construction of a new administration building for the Twelfth District Agricultural School.
(12) Appropriations to supply the further needs of the Veterans' Service Bureau and the salary of the Assistant Commissioner of Commerce and Labor in the light of the defects in the legislation of 1925,

(13) Laws providing a state system of connected paved highways, the means to meet the cost of construction of the same and amending, altering and perfecting laws establishing a State Highway Board and state highways,

(14) Laws regulating the use of highways by trucks, busses and other vehicles and otherwise protecting and preserving same,

(15) Amendments to strengthen the enforcement of

the present laws levying a state stamp tax upon cigars and

cigarettes,



FRIDAY, MARCH 19, 1926.

145

(16) Local legislation, either county or municipal, providing for construction, equipment and maintenance of schools and colleges, for construction of highways closing and coveying of streets, and for registration of voters in municipalities where no provision for such registration has been made in the charters thereof,

(17) The payment of the obligations of the State to its Confederate Veterans,

(18) An amendment to the Constitution of the State to authorize the issuance of State bonds for educational purposes,
(19) A change in the school fiscal year to run from June 30th to June 30th,
(20) A supervisor of construction of school buildings to standardize the utility, the economy, the safety and the sanitation of public school buildings,
(21) Authorizing any independent school system to vote on the abolition of such independent system and the merging with its county system of schools,

(22) To submit to the people for their ratification or rejection a Constitutional Amendment; giving the State Highway Board legal authority to construct and maintain a modern, connected, twelve-months state system of paved highways and authorizing the issuance of state highway bonds to meet the cost of construction of same.
(23) That when real estate is sold under any judgment or decree or mortgage foreclosure or power of sale or other process said sale shall not be complete uniess and until confirmed by the Judge of the Superior Court,

(24) The payment of the expenses of the extraordinary sessions as fixed by law,

146

JOURNAL OF THE SENATE,

(25) A Constitutional Amendment affirmatively and clearly authorizing the Governor to amend a call of an extraordinary session of the General Assembly by adding subjects for hs consideration.

Given under my hand and the Great Seal of the State at the City of Atlanta, this the sixteenth day of March in the year of our Lord Nineteen Hundred and Twenty-six., Ten A.M.

By the Governor:
S. G. McLENDON, Secretary of State.

CLIFFORD WALKER,
Governor.

The President Pro Tern then declared the Senate convened in extraordinary session, under the foregoing Proclamation.
The following Resolutions were read and adopted:

By Senator Bell of the 51st-
Senate Resolution No. 1. A Resolution instructing the Secretary of the Senate to notify the House that the Senate has convened in extraordinary session and is ready for the transaction of business.

By Senator Guess of the 34th-
Senate Resolution No. 2. A Joint Resolution, providing for the appointment of a Committee of two (2) from the Senate and three (3) from the House of Representatives, to notify His Excellency, the Governor, that the General Assembly has convened in extraordinary session and is ready for the transaction of business.

The President Pro Tern appointed as said Committee, on the part of the Senate, the following: Senator from the 34th, Mr. Guess, and Senator from the 39th, Mr. Hutchinson.

FRIDAY, MARCH 19, 1926.

147

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

Mr. President:
I am instructed by the House to inform the Senate that the House has convened in extraordinary session and is ready for the transaction of business in accordance with the proclamation of the Governor.

The President Pro Tern declared a recess, subject to the call of the Chair.

The Senate reconvened at 10:49 o'clock, and called to order by the President Pro Tern.

The following message was received from the House through Mr. 1'11oore, the Clerk thereof:

Mr. President:
The House has adopted the following Resolution of the Senate, to-wit:

By Mr. Guess of the 34th-
Senate Resolution No. 2. A Resolution to notify the Governor that the General Assembly has convened under his Proclamation to convene on March 19, 1926, and to appoint a joint committee of three members of the House and two members of the Senate for that purpose.

The following message was received from the House through Mr. 1\Ioore, the Clerk thereof:

Mr. President:
The House has adopted the following Resolution of the Senate, to-wit:

Senate Resolution No. 2. A Resolution providing for a joint Committee of two from the Senate and three from

148

JouRNAL OF THE SENATE,

the House to wait upon His Excellency, the Governor, and inform him that the General Assembly has convened in extraordinary session.

The Speaker appointed the following members as the Committee on the part of the House to notify the Governor: Messrs. Steed of Taylor, Johnson of Appling, Lewis of Gordon.
The President Pro Tern, declared a recess until the Committee appointed by the Chair could make its report.

The Senate reconvened at 11:00 o'clock, and was called to order by the President Pro Tern.

The Committee on the part of the Senate to notify His Excellency, the Governor, made the following report: Mr. President:
Your committee on the part of the Senate has communicated to the Governor the message as directed, and instructed to say there is nothing additional at this time coming from His Excellency, the Governor.
Guess, 34th.
Hutchinson, 39th.

Senator Hendrix of the 35th moved that the rules governing the session of 1925 be adopted for this session.
The motion prevailed.
.Senator Boykin of the 37th asked unanimous consent that all Senators be allowed to introduce any new matter at this time, and the consent was granted.
The following Resolution was read and adopted:

FRIDAY, MARCH 19, 1926.

149

Whereas, it has come to the attention of the Senate of
Georgia, through the press of the State, that Honorable J.
Howard Ennis, President of the Senate, has suffered financial loss, on account of the destruction by fire of certain property in the City of Milledgeville; and

Whereas, by his uniform fairness as the presiding officer of this body he has won the esteem of the membership thereof; therefore, be it

Resolved, That the Senate do hereby extend to our beloved President our sympathy in said financial loss, and regret that this misfortune has occurred, which necessitates his temporary absence from our body, and that the Secretary is directed to wire this expression of sympathy to President Ennis.

Senator Knight of the 6th made inquiry as to what matter there was on the Secretary's desk.

The Secretary stated there was nothing.

Senator Knight of the 6th moved that the Senate do now adjourn, until Tuesday morning, at 11:00 o'clock.

Senator Miller of the 9th offered a substitute motion that the Senate do now adjourn, until Monday morning at 11:00 o'clock.

Under the rules of the Senate, Senator Knight's mo-

tion took precedence.



Senator Pruett of the 32nd called for the Ayes and Nays, and the call was sustained.

Upon the call of the roll, the vote was as follows:

150

JOURNAL OF THE SENATE,

Affirmative-

Bell, W. L. Boykin, Shirley C. Clary, E. D. Dixon, J. A. Harrell, G. Y. Hendrix, W. C. Hutcheson, J. R.

Johnson, L. F. Knight, P. T. Maddox, A. K. Moye, R. L. Norman, R. L. Owen, C. F. Peacock, J.P.

Peebles, I. S., Jr. Perkins, R. 0. Rountree, Dr. A. M. Thompson, J. N. B. Wellborn, Dr. E. C.

Negative-
Andrews, E. E. Clements, J. B. Guess, Carl N.

Hayes, W. C. Hughes, H. L. D. Miller, A. L.

Morgan, S. H. Pickren, T. L. Pruett, J. F.

On the motion that the Senate do now adjourn until 11:00 o'clock Tuesday morning, the Ayes were 19, and the Kays 9, and the motion prevailed.

The privileges of the floor were extended to Mr. Conley Haralson of the County of Union, during his stay in the City.

Leave of absence was granted to Senator "Wilkerson of the 49th.

The President Pro Tern declared the Senate adjourned untilll:OO o'clock Tuesday morning, March 23rd, 1926.

TuESDAY, MARCH 23, 1926.

151

FIFTH DAY

Senate Chamber, Tuesday, March 23rd, 1926.
The Senate met pursuant to adjournment at 11:00 o'clock A. M., this day, and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Dixon of the 17th asked unanimous consent that the calling of the roll be dispensed with, and the consent was granted.
Senator Andrews of the 31st, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Senator Sapp of the 43rd asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.
The Journal was confirmed.
The following Senate Bills were read the first time and referred to Committees:
By Senator Collier of the 22ndSenate Bill No. 1. A Bill to increase the tax of 31/2
cents per gallon, now levied on fuel distributors, to 41/2
cents per gallon, and to appropriate the proceeds of said

152

JouRNAL oF THE SENATE,

increase per gallon to the State-Aid Road Fund; and for other purposes.
Referred to Committee on Municipal Government.

By Senator Collier of the 22nd-
Senate Bill No. 2. A Bill to consolidate the offices of , Tax Receiver and Tax Collector of Lamar County, Georgia, into the office of Tax Commissioner; and for other purposes.
Referred to Committee on Municipal Government.

By Senator Collier of the 22nd-
Senate Bill No. 3. A Bill to prescribe the manner of electing members of City Board of Education of Barnesville, Georgia, defining their powers and duties; and for other purposes.
Referred to Committee on Municipal Government.

By Senators Cole of the 36th, and Sapp of the 43rd-
Senate Bill No. 4. A Bill to extend the jurisdiction of the Georgia Public Service Commission to include the regulation and operation of motor vehicles engaged in transportation of passengers, or freight, for hire, in the State of Georgia.
Referred to Committee on Special Judiciary.

By Senator Dixon of the 17thSenate Bill No. 5. A Bill to amend the charter of the
City of l\fillen, in Jenkins County. Referred to Committee on Corporations.
By Senator Memory of the 46thSenate Bill No. 6. A Bill to authorize the securing of

TuESDAY, MARCH 23, 1926.

153

advances made for the purpose of planting, making or gathering a crop or crops, by the giving of a bill of sale to such crop or crops.
Referred to Committee on General Judiciary No. 2.

By Senator Guess of the 34th-
Senate Bill No. 7. A Bill to amend an Act, approved August 22, 1925, to alter, amend and revise the laws authorizing and regulating the issuing of non-par stock by corporations.
Referred to Committee on Special Judiciary.

By Senator Collier of the 22nd-
Senate Bill No.8. A Bill to create a Board of Commissioner of Roads and Revenues for the County of Lamar; and for other purposes.
;Referred to the Committee on Corporations.

The following Senate Resolution was read and adopted:

By Senator Albert G. Foster of the 28th-
Senate Resolution No. 3. Whereas, the President of the United States, Honorable Calvin Coolidge, has suffered an irreparable loss in the death of his honored and beloved father, Colonel John C. Coolidge, and
Whereas, the splendid citizenship and the simple and unostentatious virtues of the said John C. Coolidge commanded the respect and admiration of the nation,
Therefore, Be it resolved by the Senate of the State of Georgia that we hereby express to the Honorable Calvin Coolidge and his family our profound sympathy and condolences in this hour of their sorrow.
Resolved, further, that the Secretary of the Senate is

154

JouRNAL OF THE SENATE,

hereby instructed to immediately wire this resolution to the Honorable Calvin Coolidge, President of the United States; that it be entered upon the Journal of the Senate, that copies be forwarded to the Honorable Calvin Coolidge and furnished to the press.

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

The House has passed the following Resolution of the House, to-wit:
By Messrs. Camp and Head of Cobb-
House Resolution No. 10. A Resolution commending United States Senators William J. Harris and Walter F. George regarding Kennesaw Mountain as a National Park.

The following House Resolution was read and adopted:
By Messrs. Camp and Head of Cobb-
House Resolution No. 10. A Resolution commending United States Senators William J. Harris and \:Valter F. George in regard to Kennesaw Mountain as a National Park.

Senator Sapp of the 43rd moved that the Senate recess at this time, subject to the call of the Chair, and the motion prevailed.

The Senate reconvened at 11:50 o'clock, and was called to order by the President.

The following Senate Resolution was read:
By Messrs. Ennis of the 20th, Sapp of the 43rd, Andrews of the 31st and Perkins of the 24th-

TuESDAY, MARCH 23, 1926.

155

Senate Resolution Ko. 4. whereas, Much confusion exists in the minds of the citizens of the State of Georgia relative to the parliamentary situation which has arisen relative to the payment of mileage to members of the General Assembly, under the call for the extraordinary session, by His Excellency, the Governor; and
Whereas, It has never been the intention of the Senate, or any member thereof, to accept mileage under the second or succeeding calls issued by the Governor; and
Whereas, The criticism and activities of certain selfappointed public critics are unwarranted, gratuitious and misleading in its hysteria; therefore, be it
Resolved, by the Senate, That no member of this body accept the mileage as relates to any call, except the :first, although the same may be authorized by law, and permitted by ethics; and that the frantic efforts of the public saviours and guardians of the treasury are premature, so far as pertains to the Senate, or its individual membership.

Senator Pruett of the 32nd called for the previous question, and the call was sustained.

Senator Foster of the 28th called for the Ayes and Nays, and the call was sustained.

Senator Sapp of the 43rd moved that the calling of the

previous question be reconsidered, and the motion pru-

vailed.



Senator Sapp of the 43rd arose to a point of order that the hour of adjournment had arrived, and the point was sustained.

Leave of absence was granted to Senator Johnson of the 27th.

The President declared the Senate adjourned until 11:00 o'clock A. M., to-morrow.

156

JouR~AL oF THE SENATE,

SIXTH DAY

Senate Chamber, Wednesday, March 24th, 1926.

The Senate met pursuant to adjournment at 11:00 o'clock A. M., this day, 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:

Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, E. D. Cole, R. D. Collier, J. C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G.

Guess, Carl N. Harrell, G. Y. Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Knight, P. T. Matthews, Dr. Joe I. Memory, S. Forster Miller, A. L. Morgan, S. H. Moye, R. L. Neal, Benj. F. Norman, R. L.

Owen, C. F. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B. Mr. President

Senator Sapp of the 43rd asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.

The Journal was confirmed.

The President called for reports of standing Committees:

WEDNESDAY, MARCH 24, 1926.

157

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

Mr. President:

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

By Mr. Culpepper of Fayette-

House Bill No. 1. A Bill to authorize the Governor to set apart, sell and discount the rental of the Western and Atlantic Railroad for a period of eight years instead of
SIX.
By Mr. Humphrey of Emanuel-

House Bill No. 28. A Bill to amend an Act incorporating the City of Swainsboro.

By Mr. Duncan of Houston-
House Bill No. 30. A Bill to amend the Charter of the City of Perry.
By Messrs. Lyons of Butts and Rampley of Habersham-
House Resolution No. 8. A Resolution to require the Pension Commissioners to furnish statement of accrued indebtedness to deceased pensioners under Act of August 15th, 1904.
By Mr. Linder of Jeff Davis-
House Resolution No. 14. A Resolution extending the sympathy of the General Assembly to Mrs. Maud Barker Cobb's family on account of the death of the said Mrs. Cobb.

158

JouRL~AL oF THE SENATE,

Mr. Bell of 51st District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:

Your Committee on Corporations have had under consideration the following Bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that they do pass.

By Senator Dixon of the 17th District-

Senate Bill No. 5. To amend the charter of Millen in Jinkins County.

By Senator Collier of the 22nd District-

Senate Bill No. 8. An Act to create a Board of Commissioners of Roads and Revenues for the County of Lamar, Georgia.
Bell, Chairman.

Mr. DeLaPerriere of 33rd 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 House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.

By Mr. Culpepper of Fayette-

House Bill No. 1. To amend an Act to authorize the Governor to set apart, sell and discount the rental of the

WEDNESDAY, MARCH 24, 1926.

159

\estern and Atlantic railroad for a period of six years and substituting the words "eight years," etc.
Respectfully submitted, H. P. DeLaPierre, Chairman.
J. B. Clements, Secretary. March 24, 1926.

Mr. Hendrix of 36th District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government have had under consideration the following Bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.

By Mr. Collier of 22nd-
Senate Bill No. 2. A Bill to amend an Act to consolidate the office of tax receiver and tax collector of Lamar County.

By Mr. Collier of 22nd-
Senate Bill No. 3. A Bill to prescribe the manner of electing Board of Education of Barnesville, Ga.
Hendrix 35th, Chairman.

l\Ir. Foster of 28th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President: Your Committee on Special Judiciary have had under

160

JouRNAL OF THE SENATE,

consideration the following Bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.

By Messrs. Cole of 36th, and W. M. Sapp of the 43rd-
Senate Bill No. 4. A Bill entitled an Act to extend the jurisdiction of the Georgia Public Service Commission to include the Regulation and operation of motor vehicles engaged in the transportation of passengers or freight for hire in the State of Georgia.

By Mr. Guess of the 34th-
Senate Bill No. 7. A Bill entitled an Act to amend an act approved August 22, 1925, authorizing and regulating the issuing of non par stock by corporations.
Foster, Chairman.

The following Senate Bills, favorably reported, were read the second time:

By Senators R. D. Cole of the 36th and Sapp of the 43rd-
Senate Bill No. 4. A Bill to extend the jurisdiction of the Georgia Public Service Commission to include the regulation and operation of motor vehicles engaged in transportation of passengers or freight, for hire, in the State of Georgia.

By Senator Dixon of the 17th-
Senate Bill No.5. A Bill to amend the charter of the City of Millen, in Jenkins County.

By Senator Guess of the 34th-
Senate Bill No. 7. A Bill to amend an Act approved August 22, 1925, to alter, amend and revise the laws au-

wEDNEsDAY, MARCH 24, 1926.

161

thorizing and regulating the issuing of non-par stock by corporations.

By Senator Collier of the 22nd-
Seuate Bill ~ o. 8. A Bill to create a Board of Commissioners of Roads and Revenues for the County of Lamar; and for other purposes.

Senator Memory of the 6th asked unanimous conseut
that Senate Bill Xo. 6 be withdrawn from the Commit-
tee on General Judiciary Xo. 2, read the second time, and recommitted, and the conseut was granted..

The following Se11ate Bill was withdrawu from the Committee, read the second time and recommitted:

By Senator .:\!emory of the 46th-
Senate Bill Ko. 6. A Bill to authorize the securing of advances made for the purpose of planting, making or gathering a crop or crops, by the giving of a bill of sale to such crop or crops.

Senator Collier of the 22nd asked unanimous consent that Senate Bills Xumbers 1, 2 and :3 be withdrawn from the Committee on .Municipal Govemmeut, read the second time, and recommitted, and the consent was granted.

The following Senate Bills were withdrawn from their eommittees, read the second time, and recommitted:

By Senator Collier of the 22nd-
Senate Bill ~o. 1. A Bill to increase the tax of 31/:! cents per gallon, now levied on fuel distributors, to 4% cents per gallon, and to appropriate the proceeds of said increase per gallon to the State-Aid Road Fund; and for other purposes.

162

JOURNAL OF THE SENATE,

By Senator Collier of the 22nd-
Senate Bill Ko. 2. A Bill to consolidate the office of Tax Receiver and Tax Collector of Lamar County, Georgia, into the office of Tax Commissioner; and for other purposes.

By Senator Collier of the 22nd-
Senatc Bill No. 3. A Bill to prescribe the manner of electing members of City Board of Education of Barnesville, Georgia, defining their powers and duties; and for other purpose&.

The following House Bills were read the first time and referred to Committces:

By 1\Ir. Culpepper of ~,ayette-
House Bill Xo. 1. A Bill to amend an Act, approved March 8, 1926, authorizing the Governor to set apart, sell and discount the \V. & A. railroad rental for six years.
Referred to Committee on Appropriations.

By Mr. Humphrey of Emanuel-
House Bill No. 28. A Bill to amend Act to incorporate the City of Swainsboro.
Referred to Committee on Corporations.

By Mr. Duncan of Houston-
House Billl\o. 30. A Bill to amend eharter of City of Perry in Houston County.
Referred to Committee on Corporations.

"WEDNESDAY, MARCH 24, 1926.

163

The following House Resolutions were read:
By Messrs. Lyons of Butts and Rampley of Habersham-
House Resolution Ko. 8. A Resolution to require the Pension Commissioner to furnish statement of accrued indebtedness to deceased pensioners under Act of August 15, 1904.
Referred to Committee on Pensions.

By "Jir. Linder of Jeff DaYis-
House Resolution Xo. 14. A Resolution extending the sympathy of the General Assembly to ::\Irs. Maud Barker Cobb's family, on account of the death of the said Mrs. Cobb.

Senator -:\Ioye of the 11th asked unanimous consent that House Resolution Xo. 14 be adopted, by a rising Yote, and the consent was granted.
The Resolution was adopted.

Under the order of unfinished business, Senate Resolution Xo. 4 was taken up for consideration.

By 2\Jessrs. Ennis of the 20th, Sapp of the 43rd, Andrews of the 31st and Perkins of the 24th-
Senate Resolution No. 4. A Resolution providing that no member of this body accept the mileage as relates to any call, except the first, although the same be authorized by law.
Senator Carswell of the 5th mored that Senate Resolution No. 4 be indefinitely postponed.
On the motion to indefinitely postpone Senate Resolution Ko. 4, Senator Sapp of the 43rd called for the Ayes and Xays, and the call was sustained.

164

JouRNAL oF THE SENATE,

Upon the call of the roll, the vote was as follows:

Affirmative-
CarswHI, Dr. H. J.

~eal, Benj. F.

Wilkerson, Rev. H. B.

Negative-

Bell, \Y. L. Boykin, Shirley C. Carlisle, Ira Clary, E. D. Clements, J. B. Clifton, J. D. Cole, E. D. Cole, R. D. Collier, J. C. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G.

Guess, Carl N. Harrell, G. Y. Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Kni~~:ht, P. T. Matthews, Dr. Joe I. Memory, S. Forster l\1 iller, A. L. l\lorgan, S. H. 1\Ioye, R. L. Norman, R. L.

Owen, C. F. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Ricketson, J.?r. F. B. Rountree, Dr. A. M. Sapp, W. M. Thompson, J. N. B. Wellborn, Dr. E. C. 1\Ir. PrPsidPnt.

On the motion of Senator Carswell of the 5th, that Senate Resolution ~o. 4 be indefinitely postponed, the Ayes were 3 and the Kays 36 and the motion was, therefore, lost.

Senator Knight of the 6th offered the following amendment to Senate Resolution ~o. 4:
To amend Senate Resolution ?:\o. -!, by adding the following- words, after the word ''Senate,'' in the first line of Paragraph 4, to-wit: "the House concurring."
On the adoption of the amendment, Senator Sapp of the 43rd called for the Ayes and Xays, and the call was sustained.

Upon the call of the roll, the vote was as follows, to-wit:

Affirmative-

Carswell, Dr. H. J. Clary, E. D. Memory, S. Forster

MiiiPr, A. L. Morgan, S. H. Neal, Benj. F.

Thompson, .J. N. B. \Yilhrson, RPv. H. B.

WEDXESDAY, MARCH 24, 1926.

165

);egatiYe-

BPil, ,r. L.
Carli~k, Ira CkmPnts, J. 13. Clifton, .J. D. ColP, E. D. ColP, R. D. ColliPr, J. C. DPLaPPrrierc, H. P. FostPr. A. G. (;IIPHH, Carl~.

Harrell, G. Y. Hendrix,\\'. C. Hughes, H. L. D. Hutcheson, J. R. Knight, P. T. Matthews, Dr. Joe I. :.\1oye, R. L. ~orman, R. L. Owen, C. F. Peaeock, J. P.

Pcebks, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Ricketson, f?r. F. B. Rountree, Dr. A. M. Sapp, W. 1\L Wellborn, Dr. E. C.

<)u the adoption of the Amendment, the Ayes were 8 and the Xays 28, and the amendment was, therefore, lost.

<>n the adoption of the Resolution, Senator Sapp of the -t.;ird called for the Ayes and ~ays.

The rail of the roll was ordered and the result was as follows:

Affirmative-

Bell, W. L. Boykin, Shirley C. Olary, E. D. ClemPnts, J. B. Clift.on, .J. D. ColP, E. D. ColP, R. D. ColliPr, J. C. DPLaPPrriPre, H. 1'.

Dixon, J. A. Foster, A. G. GuPss, Carl ~ Harrell, G. Y. Hendrix, '.Y. C. Hughes, H. L. D. Hutcheson, .J. R. Matthews, Dr. Jop I. Norman, R. L.

Owen, C. F. Peacoek, J. P. PcPbif'H, I. S., Jr. PPrkins, R. 0. PickrPn, T. L. Pruett, J. F. Ro11ntree, Dr. A. l\1. Sapp, W. M. Wl'llborn, Dr. E. C.

Xegative-
CarlinlP, Ira CarswPll, Dr. H ..J. Knight, P. T. :\Iemory, S. ForstPr

l\I iller, A. L. l\Iorgan, S. H. i\Ioye, R. L. Neal, Benj. F.

Riek!'tson, Dr. F. B. Thompson, J. N. B. Wilkerson, RPv. H. B.

<>n the adoption of the Resolution, the Ayes were 27 and the Xays were 11, and the Resolution was, therefore, adopted.

166

JouRNAL OF THE SENATE,

Senator Foster of the ~8th moYed that the Senate recess at this time for fifteen minutes, and the motion preyailed.

The President declared a recess.

The Senate reeonYeued at 12:15 o'clock P. ~I., and was called to order hy the President.

Senator .Miller of the 9th asked unanimous consent to introduce a Bill at this time, and the consent was granted.

The following Senate Bill was read the first time and referred to a Committee:

By Senator :\Iiller of the 9th-
Senate Bill i\o. 9. A Bill to amend an Act approncl August 17, 1920, creating and establishing the Securities Commission, so as to proYide for licensing all dealers iu and issuers of securities; to revise the fees; to enlarge the powers of said Commission; to proYide compensation therefor; to provide penalties for Yiolations of this Act; and for other purposes.
Referred to Committee on General Judiciary Xo. 1.

Senator Ji,oster of the 28th moved that the Senate do now adjourn until 11:00 o'clock to-morrow morning, and the motion prevailed.

Leave of absence was granted to Senator Middleton of the 44th.

The President declared the Senate adjourned until tomorrow at 11 :00 o'clock, A. M.

THURSDAY, MARCH 25, 1926.

167

SE\?"EXTH DAY

Senate Chamber, Thursday, March 25th, 1926.
The Senate met pursuant to adjoumment at 11:00 A. M. this day, and was called to order by the President.
Prayer was offered by Senator Parker of the 2nd-
Senator Knight of the 6th asked unanimous consent to dispense with the calling of the roll, and the consent was granted.
Senator Andrews of the 31st, Chairman of the Commiteet on .Joumals, reported that the .Journal of yesterday's proceeding-s had been examined and found correct.
Senator Rou11tree of the 16th asked unanimous consent that the reading of the .Journal of yesterday's proceedings be dispensed with, and the consent was granted.
The Journal was confirmed. Senator :\Liller of the 9th asked unanimous consent that Senate Bill Xo. 9 be withdrawn from the Committee on General ,Judiciary ?\o. 1, read the second time and recommitted, and the co11sent was granted.
The following Senate Bill was read the second time and recommitted: By Senator Miller of the 9th-
Senate Bill Xo. 9. A Bill to amend an Act approved

168

JouR:\'AL OF THE SENATE,

August lith, 19:20, creating and establishing the Securities Commission, so as to provide for licensing all dealers in an(l issuers of securities; to revise the fees; to enlarge the powers of said Commission; to pro'l'ide compensation therefor; to provide penalties for Yiolations of this Act; and for other purposes.

1'he President called for reports of standing Committees.

1\Ir. 1\Ioye of 11th District, Chairman of the Committee on General Judiciary ~o. 2, submitted the following report:

.:\Ir. President:
Your Committee on General Judiciary "No. 2 have had under consideration the following Bill of the Senate, an<l haYe instructed me as Chairman, to report the same hack to the Senate with the recommendation that the same do pass, by substitute:

Senate Bill ~ o. 6. A Bill to he entitled an Act, to amend an Act, entitled an Act to authorize the securing of adYances made for the purpose of planting, making or gathering a crop or crops, by giving a hill of sale to such crop or crops.
Respectfully submitted, Robert L . .:\Ioyer,
11th District, Chainn:111.

l\Ir. Bell of 51st District, Chairman of the Conunittee on Corporations, submitted the followi11g report:

l\Ir. President:
Your Committee on Corporations have had under consideration the following Bills of the House, and have

THURSDAY, MARCH 25, 1926.

169

instructed me as Chairman, to report the same back to the Senate with the recommendation they do pass:

By :JI 1". Humphrey of }<~manuel-
House Bill Xo. ~K Au Act to amend au Act inc-orporating the City of Swainsboro.

By :Jfr. Duncan of Houston-
House Bill Xo. :iO. Au Act to amend the charter of the City of Perry and for other purposes.
Respectfully submi ttecl, Bell, Chairmau.

The following House Bills, favorably reported, were read the second time:

B~~ :JI r. Culpepper of Fayette-
House Bill )J o. 1. A Bill to amend au Act approved :JJarch 8, 192G, authorizing the Governor to set apart, sell and discount the \V. & A. Railroad rental for six years.

By ::\1 r. Humphrey of Emauuel-
Hous<' Bill Xo. 28. A Bill to ameull Act to incorporate the City of Swainsboro.

B~~ ::\1 1". Duncan of Houston-
House Bill X o. 30. A Bill to amend charter of City of Perry, in Houston County.

The follo\\~ing message was receind from the House through :Jir. ::\loon\ the Clerk thereof:
:\fr. President:
The House has passed by the requisite Constitutional majorit:-~ tlw following Bills of the Honst, to-wit:

170

JouRNAL OF THE SEXATE,

By Miss Kempton of Fulton-
House Bill Xo. 2. A Bill amending an Act to altef, amend and revise the laws regulating the issuing of non par value stock by corporations of Georgia.

By Messrs. Rice and Hancock of Jackson-
House Bill ~o. 2.5. A Bill to amend the Charter of the City of Commerce.

By Mr. Cooper of Telfair-
Hause Bill Xo. 13. A Bill to amend the Charter of the City of McRae.

By :Mr. Jones of Cook-
House Bill No. 31. A Bill to amend the Chartl'r of the City of Adel.

By Mr. Lee of Clinch-
House Bill Xo. 32. A Bill to amend an Act creating a uew charter for the town of Homerville.

The follo,ving House Bills and Senate Bill were read the first time and referred to Commi ttecs:

By Miss Kempton of Fulton-
House Bill Xo. 2. A Bill to amend Act approved August 22nd, 1925, to alter, amend and revise the laws authorizing and regulating the issuing of non-par value stock by corporations in Georgia.
Referred to Committee on Special Judiciary.

By ~Ir. Cooper of TelfairHause Bill Xo. 13. A Bill to amenJ the charter of the
City of McRae. Referred to Committee on Corporations.

THURSDAY, MARCH 25, 1926.

171

By :\Iessrs. Rice and Hancock of Jackson-
House Bill Xo. :25. A Bill to incorporate City of Commerce and prescribe its limits.
Referred to Committee on Corporations.

By Jlr. .Jones of Cook-

House Bill Xo. :n. A Bill to amend charter of Citv of

Adel.

.

Referred to Committee on Corporations.

By :\I r. Lee of Clinch-
House Bill ~ o. 32. A Bill to amend Act creating a new charter for town of Homervil:e.
Referred to Committee on Corporations.

By Senator Sapp of the 43rd-
Senate Bill Xo. 10. A Bill to amend an Act approved August 17th, 1920, providing for domestication of foreign corporations so as to define the powers and privileges of such domesticated corporations and their stockholders, to prO\ide method of surrendering or cancelling such domestication; and for other purposes.
Referred to Committee on Special .Judiciary.

The followiug Seuate Bills were read the third time and put upon their passage:
By Senator Dixon of the 17th-
Senate Bill Xo. 5. A Bill to amend the charter of the City of Jfillen, in .Jenkins County.
The report of the Committee, which was fayorable to the passage of the Bill, was agreed to.
On tlw passage of the Bill, the Ayes were 38 and ~ays 0.

172

JOURNAL OF THE SENATE,

The Bill having received the requisite Constitutional majority was passed.

By Senator Collier of the 22nd-
Senate Bill :\'o. 2. A Bill to consolidate the offices of Tax Collector and Tax Receiver of Lamar County, Georgia, into the office of Tax Commissioner; and for other purposes.
The report of the Committee, whieh was fayorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 28 and the Xays 0.
The Bill haYing receinu the rpquisite C'onstitutional majority was passed.

By Senator Collier of the 2:2nd-
Senate Bill Xo. :3. A Bill to prescribP the manner of electing members of the City Board of Education of Barnesvple, Georgia, defining their powers and duties; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill the Ayes were 27 and the "Xays 0.
The Bill haYing received the requisite Constitutional majority was passed.

By Senator Collier of the 22nd-
Senate Bill Xo. 8. A Bill to erea tc a Board of Conunissioners of Roads and Revenues for the County of Lamar; and for other purposes.
The report of the Committee, whieh was favorable to the passage of the Bill, was agreed to.

THURSDAY, MARCH 25, 1926.

173

On the passage of the Bill the Ayes were 26 and the Nays 0.
The Bill having receiYed the requisite Constitutional majority was passed.

By Senator Guess of the 34th-
Senate Bill Xo. I. A Bill to amend an Act, approved August 22nd, HJ25, to alter, amend and revise the laws authorizing- mtd regulating the issuing of non-par stock by corporations.
The report of the Committee, which was favorable to the passa_ge of the Bill, was agreed to.
On the passage of the Bill the Ayes were 32 and the .K ays 0.
The Bill having receind the requisite Constitutional majority was passed.

By Senator ::\Iemory of the 46th-
Senate Bill .K o. 6. A Bill to authorize the securing of advances made for the purpose of planting, making or gathering a crop or crops, by the giving of a bill of sale to such crop or crops.
The Committee offered the following substitute:
By Senator T\Iemory of the 46th-
Substitute for Senate Bill ~o. 6. A Bill to be entitled ''An Act to amend an Act entitled au Act to authorize the securing of advances made for the purpose of planting, making or gathering a crop or crops by the giving of a bill of sale of such crop or crops under Section 3:106 of the Civil Code, which shall cover and include all crops planted and grown within twelve months from such bill of sale; and for other purposes, approved August 22nd, 1925, so

174

JouRNAL OF THE SENATE,

as to strike the requirement therein that the land upon which the crop or crops is or will be planted shall be described in said bill of sale, proYiding only that the crop or crops shall be described in such bills of sale with the same particularity as the laws of Georgia require for crop mortgages, and to provide that the bills of sale as authorized in said Act shall be superior to judgments of older date than such bills of sale, and to mortgages and hills of sale not given to secure the payment of debts created to aid in making and g-athering the particular crops covered by such bills of sale; and for other purposes.''

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved August 22nd, 1925, as referred to in the caption of this Act, being" An Act to authorize the securing of advances made for the purpose of planting, making and gathering a crop or crops by the giving of a bill of sale of such crop or crops under Section 3306 of the Civil Code, which shall co,'er and include all crops planted and grown within twelve months from such bill of sale, and for other purposes, he and the same is hereby amended as follows:

(a) By striking the words "together with the land upon which the same is or will be ~ro,vn'' after the words "crop or crops" in the 16th line, and before the words "shall be described," in the 17th line of Section 1 of said Act, as printed in the official edition of the laws of Geoigia of 1925, and by inserting, after the words" in !,;aid hill of sale'' and before the words ''and the amount'' in the 18th line of said Section 1, as so printed as aforesaid the words "with the same particularity as the laws of Georgia require for crop mortgages'' and

(b) By adding at the ell<l of the first Section of said Act the words "hut shall he superior to a judgment of older

THURSDAY, MARCH 25, 1926.

175

date than such bill of sale and to a mortgage or bill of sale not given to secure the payment of a debt created to aid in making and gathering the particular crop or crops covered by such bill of sale,'' so that said Section, when so amended as aforesaid shall read as follows:
"Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, where advances, either of m<mey or supplies or both are made for the purpose of planting, cultivating, making or harvesting a crop or crops the borrower or person to whom such money or supplies shall be furnished may secure the same by a bill of sale to secure debt under Section 3306 of the Civil Code of 1910 covering the crop or crops to be grown by him within twelve months from the date of such bill of sale, although such crop or crops may not be planted or growning at the time of the execution of such bill of sale: Provided that the crop or crops shall be described in said bill of sale with the same particularity as the la\VS of Georgia require for a crop mortgage and the amount of said advances in money or supplies shall be definitely stated and fixed herein. Such bill of sale shall pass title to the crop or crops covered thereby and shall not be held or construed to he a mortgage: Provided, that the bill of sale herein authorized shall not be construed to be superior to the lien of a landlord for rent and supplies or to a laborer's lien, but shall be superior to a judgment of older date than such bill of sale and to a mortgage or bill of sale not given to secure the payment of a debt created to aid in making and gathering the particular crop or crops covered by such hill of sale.''
Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

176

JouRXAL OF THE SE:c\ATE,

On the passage of the Bill the Ayes were :!.7 and the Nays 1.

The Bill having received the requisite Constitutional majority was passed by substitute.

Senator :Memory of the 46th asked unanimous consent that Senate Bill ~o. 6 be immediately transmitted to the House, and the consent was granted.

By Senators R. D. Cole of the 36th and Sapp of the 4~~nl-
Senate Bill l\o. 4. A Bill to extend the jurisdiction of the Georgia Public Service Commission to include the regulation and operation of motor vehicles engaged in tran~ portation of passengers or freight, for hire in the State of Georgia.

Senator Sapp of the 43rd asked unanimous consent that Senate Bill No.4 be tabled, and the consent was granted.

Senator Harrell of the 12th asked unanimous consent that 100 copies of Senate Bill Xo. 4 be printed for the use of the Senators and the consent was granted.

Senator Sapp of the 43rcl moYe(l that the Senate do now adjourn until 11:00 o'clock to-morrow morning.

The motion prevailed.

LeaYe of absence was granted to Senators Carr of tlw

~:)nl and Collier of the ~~ncl-

'l1 he Pn~ident declared the Semite adjounwll until 11 :00 o 'cloek A. :\1., to-morrow.

FRIDAY, MARCH 26, 1926.

177

EIGHTH DAY

Senate Chamber, Friday, .March 26th, 1926.
The Senate met pursuant to adjot1rmnent at 11:00 o'clock A. M., this clay, and was called to order by the P r e s i c l e n t.
Prayer was offered by the Chaplain.
Senator Knight of the 6th asked unanimous consent that the calling of the roll be dispensed with, and the conSt>nt was grante<l.
Senator Andrews of the 31st, Chairman of the Committee on .Toumals, reported that the Journal of yesterday's proceediugs had been examined and fouud correct.
SlIwtor Hughes of the 21st asked unanimous consent that the reading- of the Journal of yesterday's proceeding" he dispensed with, and the consent was granted.
The Journal was confirmed.
Seuator Guess of the ~lth a:,;kecl unanimous consent that House Bill Xo. 2 aml Scuate Bill Xo. 10 be withdrawn from their Committees, read the second time and recommitted, and the em1sent was granted.
The following House Bill and Senate Bill were read the second tinw and ncommi tted:

178

JouRNAL oF THE SENATE,

By Miss Kempton of Fulton-
House Bill N'o. 2. A Bill amending an Act to alter, amend and revise the laws regulating the issuing of nonpar value stock by corporations of Georgia.

By Senator Sapp of the 43rd-
Senate Bill No. 10. A Bill to amend au Act approyed August 17th, 1920, providing for the domestication of foreign corporations so as to define the powers and privileges of such domesticated corporations and their stockholders, to provide method of surrendering or cancelling said domestication; and for other purposes.

The President called for reports of standing Committees.

l\Ir. Bell of 51st District, Chairman of the Committee on Corporations, submitted the following report: Mr. President:

Your Committee on Corporations have had under consideration the following Bills of the House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that they do pass:

By .Mr. Cooper of Telfair-
Hoose Bill No. 13. To amend the charter of the City of McRae in Telfair County, Georgia.

By )fessrs. Rice and Hancock of Jackson-
House Bill No. 25. To amend an Act incorporating the City of Commerce in Jackson County, Georgia, and for other purposes.

FRIDAY, MARCH 26, 1926.

179

By Mr. Jones of Cook-
House Bill Xo. 3L To amend the charter of the City of Adel, and for other purposes.

By :\Ir. Lee of CliHchHouse Bill Xo. :~2. To amend the charter of the Town
of HomerYille, Clinch County, Georgia.
Bell, Chairman.

:\Ir. Perkins of 24th District, Chairman of the Committee on General Judiciary Xo. 1, submitted the following report:
Mr. President:
Your Committee 011 General Judiciary Xo. 1 have had under consideration the following Senate Bill and have instructed me as Chairma11, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill Xo. 9. To amend Act creating and establishing Securities Commission;. and for other purposes.
Perkins, Chairman.

The following House Bills, favorably reported, were read the second time:

By :\Ir. Cook of Telfair-
Hause Bill Xo. l:l A Bill to amend the charter of the City of )feRae.

By ::\Iessrs. Rice and Hancock of Jackson-
House Bill Xo. 25. A Bill to incorporate the City of Commerce and prescribe its limits.

180

JouRNAL OF THE SEXATE,

By Mr. Jones of Cook-
House Bill X o. 31. A Bill to amend charter of Cit~ of A del.

By l\Ir. Lee of Clinch-
House Bill No. 32. A Bill to ame11d au Act cn'a t i11g a new charter for the town of HomerYille.

Senator Knight of the 6th asked u11animous ('Ollseut that all outstanding- Bills and Resolutions be withdrawn from their Committees, read the second time, and recommitted.

Senator Harrell of the ] 2th objected and tlw cousent was not granted.

The following message was received from the House through l\Ir. -:\loore, the Clerk thereof: l\lr. President:
The House has passed by the requisite Constitutional majority the following Bills and Resolutions of the House to-wit:

By .l\Ir. i\eill of Muscogee, and others-
House Bill Xo. 7. A Bill to amend an Act to assess and collect from e"states in Georgia subject to Federal I<~state Taxes, 25 per cent of the amount found to be due as FPderal Taxes, for State Inheritance Taxes, etc.

By r.Ir. Jackson of Bleckley-
House Bill Xo. 18. A Bill to authorize an appropnation for the re-building of the main administration building of the Twelfth District A. & M. School at Cochran, Ga.

FRIDAY, MARCH 26, 1926.

181

By Mr. Traylor of Richmond-
House Resolution No. -1. A Resolution providing for the Public Service Commission to investigate transportation of gasoline or the rates thereon by any carrier within Georgia and file a special report with the next session of the Georgia General Assembly.

By l\fr. Zellars of Hart-
House Bill Ko. 39. A Bill to amend an Act to authorize the City of Hartwell to pave certain streets in Hartwell, Georgia, Hart County.

The following Senate Bills and House Bills were read the first time and referred to Committees:

By Senator Carlisle of the 7th-
Senate Bill Xo. 11. A Bill to amen<l Paragraph :2, Section 6, Article 7, of the Constitution of Geor~ia, to provide necessary sanitation for the prevention of disease and death; and for other purposes.
Referred to Committee ou Constitutional Amendments.

By Senators Carswell of the 5th, Hughes of the 21st, l\Iemory of the 46th, and Dixon of the lith-
Senate Bill X o. 12. A Bil'l to authorize a county or counties whenever they see fit to assign by proper resolution and contract their one cent gas tax to the State Highway Board of Georgia, for a period of time; and for other purposes.
Referred to Committee on Highways.

By Senator Harrell of the 12th-
Senate Bill Xo. 13. A Bill to require confirmation by the .Tudges of the Superior Court of Georgia of all sales

182

JOURNAL OF THE SEXATE,

of real estate, or any interest in land, when sold at public outcry under any judgment, decree or mortgage foreclosure issued from any of the Courts of this State, or when sold by an executor or administrator, or under any power of sale, etc.; and for other purposes.
Referred to Committee on General .Judiciary 1\o. 1.

By :Messrs. )Jeill of l\Iuscogee, Harris of Jefferson and Denmark of Chatham-
House Bill Xo. 7. A Bill to amend Act approved August 27th, 1925, entitled: "An Act to assess and collect from estates in Georgia, subject to l'ederal estate taxes, 25 per cent of the amount found to be due as F'e<leral taxes for State Inheritance taxes, etc.," so that the State inheritance tax would be 80 per cent; and for other purposes.
Referred to Committee on Finance.

By Mr. Jackson of Blcckley-
House Bill Xo. 18. A Bill to appropriate funds for building- of main administration building for 12th District A. & .:\I. School at Cochran.
Referred to Committee on Appropriations.

By :Mr. Zellars of Hart-
House Bill Ko. :39. A Bill to amend Act approved August 18th, 1923, authorizing the City of Hartwell, in Hart County, Georgia, to pave certain streets therein, in connection with the Commissioners of Hart County; and for other purposes.
Referred to Committee on Corporations.

The following House RPHolution was read and adopted:

FRIDAY, MARCH 26, 1926.

183

By }fr. rrraylor of Richmond-
House Resolution Xo. 4. A Resolution providing for the Public Service Commission to investigate transporta. tion of gasoline, or the rates thereon, by any carrier within Georgia, and file a special report with the next session of the General Assembly.

The following House Bills were read the third time and put upon their passage:
By ~Ir. Duncan of Houston-
House Bill Xo. 30. A Bill to amend charter of City of Perry in Houston County.
The report of the committee, which was favorable to the pal;lsage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 27 and the .Kays 0.
The Bill having received the requisite Constitutional majority was passed.

By :Mr. Humphrey of Emanuel-
House Bill ~ o. 28. A Bill to amend an Act to incorporate the City of Sv>'ainsboro.
The report of the Committee, which \vas favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 38 and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

By :Mr. Culpepper of FayetteHouse Bill Xo. 1. A Bill to amend an Act entitled: ''An

184

JOUR:\"AL OF THE SE:\"ATE,

Art to authorize the Govemor to set apart, sell and dis-
count the rental of the vV. & A. Railroad for a period of
six years, etc.''; by striking the words ''six years'' and substituting the words "eight years"; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, wm; agreed to.

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

Affirmative-
AndrPws, E. E.
BPll, w. L.
CarlislP, Ira Carswell, Dr. H . .J. Clary, E. D. Clements, .J. B. Clifton, .J. D. Col<', R. D. DeLaPcrrierP, H. P. FostPr, A. G. GuPss, Carl~ Harrell, G. Y.

Hendrix, W. C. Hughes, H. L. D. Hutcheson, .J. H. Knight, P. T. Luttrell, J. A. :\Iaddox, A. K.
i\Iatthew~, Dr. Joe f.
i\Iemory, 8. Fnrstpr Miller, A. L. i\1oye, R. L. 1\orman, R. L. OwPn, C. F.

ParkPr, Jos. H. l'Pacock, J. P. Perkins, R. 0. Pickren, T. L. Pruett, J. F. RountrPe, Dr. A. :\I. flapp, W. :\-I. Thompson, J. X. B. \YPllborn, Dr. E. C. \\'ilkPrson, RPY. H. B.

On the passage of the Bill, the A~es were i~4 and the Xays 0.

The Bill having recein'<l the requisitt- Constitutional majority was passed.

Senator Harrell of the 12th offere<l the following Resolution:
By Senator Harrell of the 12th-
Senate Resolution Xo. ;). Resoln~d, by the Senate, That all Bills which origiJtatl' iu the Housl' or Senate, with ref<n'nce to n'gulating the use of Highways by motor hus or vehicl('S carrying pas11engers, etc., and to place such

FRIDAy' MARCH 26, 1926.

185

eommon carriers Ull(lcr control of Public Service Commission, to be set for a hearing next Thursday, April lst, 1926.
Referred to Committee on Rules.

Senator Sapp of the 43rd moved that the Senate do now adjourn, until Tuesday morning, l\Iarch 30th, 1926, at 11 :00 o'clock, and the motion prevailed.

Leave of absence was granted to l\Jr. A. E. Strother, l\Iessenger of the Senate, for ten days.

The President declared the Senate adjourned until Tuesday morning, ::\[arch 30th, 1926, at 11:00 o'clock.

186

JouRNAL OF THE SE~ATE,

T"WELFTH DAY

Senate Chamber, Tuesday, March 30th, 1926.

The Senate met pursuant to adjournment at 11:00 o'clock this day, and was called to order by the President Pro Tern.

Prayer was offered by the Chaplain.

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

AndrE'ws, E. E. Boykin, Shirlt>y C. Carlisle, Ira Clary, E. D. Clements, J. B. Clifton, J. D. Cole, R. D. DeLaPerrierE', H. 1'. Dixon, J. A. Foster, A. G. Guess, Carl N. Hayes, W. C.

Hendrix, W. C. Hughes, H. L. D. Knight, P. T. Maddox, A. K. Matthews, Dr. Joe I. J\Iemory, S. Forster Middleton, D. S. Miller, A. L. ~forgan, S. H. l\loye, R. L. McGregor, J. M. D. J\1d(enzie, C. :\L

Owen, C. F. Parker, Jos. H. Peacock, J. P. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. J\I. Sapp, \\-". M. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B. Mr. President

Senator Hughes of the 21st asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.

The Journal was confirmed.

Senator Guess of the 34th asked unanimous consent that House Bills Numbers 7 and :~9 be withdrawn from the Committees, read the second time, and recommitted, and the consent was granted.

TuESDAY, l\1ARCH 30, 1926.

187

By l\1essrs. Xeill of Muscogee, Harris of Jefferson and Denmark of Chatham-
House Bill Xo. 7. A Bill to amend Act approwd August 27th, 1925, for State Inheritance Tax.

By l\1r. Zellars of Hart-
House Bill Xo. 39. A Bill to amend Act approved August 18, 1923, authorizing City of Hartwell, Hart County, Ga., to pave certain streets therein, in connection with the Commissioners of Hart County; and for other purposes..

Senator Pruett of the 3:2nd asked unanimous consent that Senate Bill Xo. 13 be withdrawn from the Committee on General Judiciary Ko. 1, read the second time and recommitted, and the consent was granted.

By Senator Harrell of the 12th-
Senate Bill Xo. 13. A Bill to require confirmation by the Judges of the Superior Court of Georgia of all sales of real estate, or any interest in laud, when sold at public outcry, under any judgment, decree or mortgage foreclosure, issued from any of the Courts of this State, or when sold by au executor or administrator or under any power of sale, etc.; and for other purposes.

Senator Sapp of the 43rdmoved that Senate Billl\o. 10 be recommitted, and the motion prevailed.

By Senator Sapp of the 43rd-
Senate Bill Xo. 10. A Bill to amend an Act approved August 17th, 1920, providing for domestication of foreign corporations, so as to define the powers and privileges of such domesticated corporations, and their stockholders, to provide method of surrendering or cancelling such domestication; and for other purposes.

188

JouRNAL oF THE SENATE,

Senator :\{emory of the 46th asked unanimous consent that Senate Bill Xo. 12 be withdrawn from the Committee on Highways, read the 2nd time and recommitted. The consent was granted.
The following Bill of the Senate was read the second time and recommitted:

By ::\Ies~rs. Carswell of the 5th, Hughes of the 21st, and ~Iemory of the 46th-
Senate Bill Xo. 12. A Bill to authorize county authorities to assign the one cent gas tax, allotted to the counties, to the State Highway Board of Georgia; and for other purposes .

.:\fr. Foster of 28th District, Chairman of the Committee on Special J ucliciary, submitted the following report:

.Mr. President:
Your Committee Oil Special Judiciary have had unuer consideration the following Bills of the House and Senate and have instructed me as Chairman, to report the same hack to tlw St>nate with the recommendation that the same do pass.

By .Miss Kempton of Fulton-
House Bill Xo. 2. A Bill to be entitled au Act to amlml an Act approved August 22nd, 1925, entitled an Act to alter, amend, and revise the laws authoriziug and regulating the issuing of non-par value stock by corporations of Georgia.

By "Mr. Sapp of -!~~rei-
Senate Billl\o. 10. A Bill entitled au Act to amend an Act approved August 17, 1920, providing for domestication of foreign corporations so as to define the powers and privileges of ~ueh domesticated corporation and the

TuEsDAY, MARCH 30, 1926.

189

stockholders; to proYide method of amending or cancelling such domestication, and for other purposes.
:B~oster, Chairman.

~lr. Hendrix of :15th District, Vice Chairman of the Committee ou Appropriations, submitted the following report:

::\[r. President:
Your CommitteP on Appropriations haYe had under consideration the following Bills of the House and have instructed me as Vice Chairman, to report the same back to the Smtatc with the recommendation that the same do pass:

House Bill ~o. 1K A Bill to appropriate the sum of $95,000.00 to rebuild Administration Building at Twelfth District A. & .;\I. School.
llenclrix, Vice Chairman.

The followi11g- message was receive<1 from the House through ?\I r. :\Ioon>, tlw Clc>rk thereof:

::\[r. President:
The House has passed hy the requisite Constitutional majority the following Bilb of the House, to-wit:

By ~Ir. Culpepper of Fayette-
House Bill Xo. 14. A Bill tb amend the Constitution providing for necessary sanitation.

By ::\Iessrs. "'ood, Hooper, and l\Jiss Kempton of Fulton, and }[essrs. \Veeks, D~wis, and Lindsey of DeKalb-
House Bill Xo. :2~). A Bill to amend the Constitution of the State rc>lative to lcvyi11g a school tax of one mill in

190

JOURNAL OF THE SENATE,

counties with cities of 200,000 or more or with any portion of such citieR.

By Messrs. Dekle and Staudford of Lowndes-
House Bill i\o. 33. A Bill to amend the Constitution so as to permit the County of Lowndes and the City of Yalclosta either or both to increase their bonded indebtedness.
By l\Iessrs. ~ngland and Harris of J effer::;ou-
House Bill X o. 38. A Bill to amend the charter of the City of Wadley.

By Mr. Harris of Jefferson-
House Bill Xo. 41. A Bill to amend Paragraph 61, Section 2, of the General Tax Act approYed December 19, 1923.

By 1Ir. Perkins of Jenkins-
House Bill ?\ o. 42. A Bill to amend the charter of the City of Millen.

By Messrs. Harris and ~ngland of Jefferson-
House Bill Xo. 37. A Bill to amend the charter of the City of Louisville.

The following House Bills and Senate Bill were read the second time:

By ::\Iessrs. Xeill of l\Iuscogee, Harris of Jefferson and Denmark of Chatham-
A Bill to amend au Act approved August 27th, 1925, eutitled: ''An Act to assess and collect from estates in Georgia subject to Federal Estate Taxes, ~5 per cent of the amount found to be due as Federal taxes, for State Inheritance taxes; etc.," so that the State Inheritance Tax would be 80 per cent; and for other purposes.

TuESDAY, MARCH 30, 1926.

191

By l\Ir. Zellars of Hart-
House Bill 1\o. 39. A Bill to amend Act approved Aug-ust 18th, 1923, authorizing the City of Hartwell, Hart County, Georgia, to pan~ certain streets therein, in connection with the Commissioners of Hart County; and for other purposes.

By Senator Harrell of the 12th-
Senate Bill l\o. 13. A Bill to require confirmation by the .Judges of the Superior Court of Georgia of all sales of real estate, or any interest in laud, when sold at public outcry, under any judgment, decree or mortgage foreclosure, issued from any of the Courts of this State, or when sold by an executor or administrator, or under any power of sale, etc.; and for other purposes.

The following bill was read the second time and recommitted by unanimous consent:

By }fr. .J acksou of Bleckley-
House Bill ~o. 18. A Bill to authorize an appropriation for the rebuilding of the main administration building at the 12th District A. & I\J. School at Cochran, Georgia.

The following House Bills and Senate Bills were read the first time and referred to Committees:

By Mr. Culpepper of Fayette-
House Bill ~o. 14. A Bill to amend Paragraph 2 of Section 6 of Article 7 of the Constitution of Georgia, relative to prevention of disease and death of human beings.
Referred to Committee on Constitutional Amendments.

By }1essrs. Wood, Hooper and Miss Kempton of Fulton, Weeks, Davis and Lindsey of DeKalb-

192

JouRXAL OF THE SENATE,

House Bill f\o. 29. A Bill to amend the Constitution, relative to levying a school tax of one mill in Counties with cities of two hundred thousand, or more, etc.
Referred to Committee on Constitutional Amendments.

By Messrs. Dekle and Stanford of Lowndes-
House Bill i\o. 33. A Bill to propose an amendment to the Constitution so as to permit the County of Lowndes and City of Valdosta, either or both, to increase their bonded indebtedness in an amount of not exceeding One ~Iillion Dollars, for building, establishing, or maintaining the V\7 oodrow W'"ilson College.
Referred to Committee on Constitutional Amendments.

By :Messrs. England and Harris of Jefferson-
House Bill X o. 38. A Bill to amend the charter of the City of wadley, Jefferson County, so as to authorize and empower said City of wadley to issue bonds to pan streets, sidewalks, etc.; and for other purposes.
Referred to Committee on Corporations.

By ::\1r. Harris of Jefferson-
House Bill i\o. 41. A Bill to amend Paragraph 61, Section 2, of General Tax Act, approyed December 19th, 1923, relative to special or corporation tax, imposed by law upon insurance agents.
Referred to Committee on Insurance.

By .i\Ir. Perkins of Jenkins-
House Bill 1\o. 42. A Bill to amend the charter of the City of J\Iillen, Jenkins County, to allow paYing to be done.
Referred to Committee on Corporations.

TuEsDAY, MARCH 30, 1926.

193

By Messrs. Harris and England of Jefferson-
House Bill No. 37. A Bill to amend the charter of the City of Louisville, Jefferson County, Georgia, so as to allow paving.
Referred to Committee on Corporations.

By Senator Boykin of the 37th-.
Senate Bill No. 14. A Bill to repeal Section 2206 of the Code of 1910, relating to the ownership of land by foreign corporations.
Referred to Committee on Special Judiciary.

The following House Bills were read the third time and put upon their passage:

By Miss Kempton of Fulton-
House Bill No. 2. A Bill amending an Act to alter, amend and revise the laws regulating the issuing of nonpar value stock by corporations of Georgia.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

On the past,;agc of the Bill, the Ayes were 26 and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

By Mr. Cooper of Telfair-
Hause Bill Xo. 13. A Bill to amend the charter of the City of McRae, Telfair County, Ga.

The report of the committee, which was favorable to the passage of the Bill, was agreed to.

194

JOURNAL OF THE SENATE,

On the passage of the Bill the Ayes were 31, and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

By Messrs. Rice and Hancock of Jackson-
House Bill No. 25. A Bill to incorporate City of Commerce in Jackson County, and prescribe its limits.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.
()n the passage of the Bill, the Ayes were 29, and the Nays 0.
The Bill having recei,ed the requisite Constitutional majority was passed.

By Mr. Jones of Cook-

House Bill No. :n. A Bill to amend charter of City of
Adel.

The report of the committee, which was favorable to

the passage of the Bill, was agreed to.



On the passage of the Bill, the Ayes were 30 and the Nays 0.

The Bill having received the requisite Constitutional majority was passed.

By l\Ir. Lee of Clinch-
House Bill Xo. 32. A Bill to amend Act creating new charter for Town of Homerville, Clinch County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TuESDAY, MARCH 30, 1926.

195

On the passage of the Bill, the Ayes were 46 and the

1\ays 0.



The Bill having receind the requisite Constitutional majority was passed.

By Senator l\Iiller of the 9th-
Senate Bill No. 9. A Bill to amend an Act approved August 17th, 1920, creating and establishing the Securities Commission, so as to provide for licensing all dealers in and issuers of securities, to revise the fees, to enlarge the powers of said Commission, provide compensation therefor, to provide penalties for violation of this Act; and for other purposes.

Senators Hutcheson of the 39th, .Moye of the 11th, and Carlisle of the 7th offered the following amendment:
"Amend Senate Billl\o. 9., by striking all of said Bill, except Sections 13 and 14, and amend caption thereof by striking all of said caption, after the words ''agent'' in the ninth line of caption, except that the last clause providing for penalties shall remain in said caption; and further amend said Bill by adding a new Section, just preceding the last Section thereof, to-wit:

''All fees and money collected under this Act, after paying expenses, salaries and all disbursements, provided herein, shall be paid into the State Treasury.''

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, the Ayes were 31 and the Nays 0.

The Bill having received the requisite Constitutional majority, \.Yas passed, as amended.

196

JOtm.NAL OF THE SENATE,

Senator Sapp of the 43rd moved that the Senate now adjourn until 11:00 o'clock to-morrow morning, and the motion prevailed.

The President Pro Tern declared the Senate adjourned untilll :00 o'clock A.M., to-morrow.

WED~ESDAY, MARCH 31, 1926.

197

THIRTEEN'TH DAY

Senate Chamber, Wednesday, March 31st, 1926.

The Senate met pursuant to adjournment at 11:00 o'clock A. M., this day, and was called to order by the President.

Prayer was offered by the Chaplain.

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

Andrews, E. E. Bell, W. L. Boykin, Shirley C. CarlislP, Ira Carr, Milton B. Carswell, DJ. H. J. Clary, E. D. Cl~ments, .J. B. Clifton, J. D. Cok, E. D. Coh>, R. D. ColliN', .J. C. De>LuPeJ'I'iere, H. P. Dixon, .J. A. FostPr, A. G. Guess, Carl N. Harrell, G. Y.

Hayes, W. C. Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. 1\:nox, Gordon Luttrell, J. A. Maddox, A. K. ~Iutthcws, Dr. Joe I. 1\:IPmory, S. ForstPr Middleton, D. S. i\-1iller, A. L. Morgan, S. H. l\Ioye, R. L. McGregor, J. M. D. 1\lcKenzie, C. M.

~eal, Bcnj. F. Norman, R. L. Owen, C. F. ParkPr, Jos. H. Peacock, J. P. Pee>bles, I. S., Jr. Perkins, R. 0. PickrPn, T. L. Pruett., J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. l\1. Stevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. WilkPrson, Re>v. H. B. Mr. Pre>sident

Senator Andrews of the 31st, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

198

JouRNAL or THE SENATE,

Senator Hughes of the 21st asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.

The Journal was confirmed.

Senator Sapp of the 43rd asked unanimous consent that ' Senate Bill No.4 be taken from the table and restored to its place on the calendar.

Senator :Moye of the 11th objected, and the consent was not granted.

Senator Sapp of the 43rd moved that Senate Bill Xo. 4 be taken from the table and restored to its place on the calendar.

Senator Knight of the 6th made the point of order that the Senate was acting under the head of unanimous consent and the motion was out of order.

The point was sustained.

The President called for the reports of standing committees.

Mr. Boykiu of 37th District, Vice Chairman of the Committee on l!..,inance, submitted the following report:
Mr. President:
Your Committee on Finance have had under consideration the following Bill of the House and have instructed me as Vice Chairman, to report the same back to the Senate with the recommendation that the same do pass: By Messrs. Neill of Muscogee, and others-
House Bill ~o. 7. A Bill to amend an Act approved August 27, 1925, entitled "An Act to assess and collect

WEDNESDAY, MARCH 31, 1926.

199

from estates in Georgia subject to Federal Estate Taxes, 25 per cent of the amount found to be due as Federal taxes, for State Inheritance taxes; and for other purposes.
Boykin 37th, Vice Chairman.

Mr. Dixon of 17th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to the Constitution
have had under consideration the following Bills of the House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:

By Mr. Culpepper of Fayette-
House Bill .No. 14. To amend the Constitution providing for necessary sanitation.

By Dekle and Stanford of Lowndes-
House Bill X o. 33. To amend the Constitution so as to permit the County of Lowndes and the City of Valdosta to increase their bonded indebtedness.

By \Vood, Hooper and Miss Kempton of Fulton, Weeks Davis and Lindsey of DeKalb-
House Bill No. 29. To amend the Constitution, Sec. 6, Art. 7, relative to levying a school tax of one mill in Counties with cities of 200,000 or more or with any portion of such cities.
Respectfully submitted,
Dixon 17th Dist., Chairman. J. B. Clements, Secretary.

200

JouRNAL oF THE SEXATE,

Mr. A. L. l\Iiller of 9th District, Chairman of the Committee on Insurance, submitted the following report:

~Ir. President:
Your Committee on Insurance have had under consideration the following House Bill No. 41 by Mr. Harrison of the County of Jefferson, and have instructed me as Chairman, to report the same back to the Senate \vith the recommendation that the same do pass.
A. L. ~filler, 9th, Chairman.

Mr. Bell of 51st District, Chairman of the Committee on Corporations, submitted the following report:
~Ir. President:
Your Committee on Corporations have had under consideration the following Bills of the House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that they do pass:

By .Jir. Zellars of Hart-
House Bill No. 39. A Bill to amend an Act authorizing the City of Harhvell, Hart County, to pave certain streets.

By Messrs. England and Harris of .Jefferson-
House Bill No. 38. A Bill to amend charter of City of Wadley.

By Messrs. Harris and England of Jefferson-
House Bill No. 37. A Bill to amend charter of City of Louisville.
Bell, Chairman.

WEDXESDAY, .lVIARCH 31, 1926.

201

Mr. Bell of 51st District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your Committee on Corporations have had under consideration the following bill of the House aml have instructed me as Chairman, to report the same bark to the Senate with the recommendation that it do pass.

By l\Ir. Perkins of Jenkins-
House Bill Xo. 42. To amend an act to create a charter for the City of ?\Iillen.
Bell, Chairman.

The following House Bills, favorably reported, were read the second time:

By ?\Iessrs. Harris and England of .Jefferson-
House Bill Xo. 37. A Bill to amend the charter of the City of Louisville, .Jefferson County, Georgia, so as to allow pa,ing.

By ?\Ir. Harris of .Jefferson-
House Bill?\o. 41. A Bill to amend Paragraph 61, Section 2 of General Tax Act, approved December 19th, 1923, relatin to special or corporation tax imposed by law upon insurance agents.

By :Messrs. Dekle and Stanford of Lowndes-
House Bill Xo. :~3. A Bill to propose an amendment to the Constitution, so as to permit the County of Lowndes, and City of Valdosta, either or both, to increase their bonded indebtedness, in au amount of not exceeding One ~Iillion Dollars, for building, establishing or maintaining the \Y ooclrow \Vilson College.

202

JouR!~AL oF THE SENATE,

By Mr. Culpepper of ~..,ayette-
House Bill Ko. 14. A Bill to amend Paragraph 2 of Section 6 of Article 7 of the Constitution of Georgia, relative to prevention of disease and death of human beings.

.By Messrs. England and Harris of Jefferson-
House Bill Xo. 38. A Bill to amend the charter of the City of wadley, Jefferson County, so as to authorize and empower said City of \Vadley to issue bonds to pave streets, sidewalks, etc.; and for other purposes.
By l\Ir. Perkins of Jenkins-
House Bill K o. 42. A Bill to amend the charter of the City of l\Iillen, Jenkins County, to allow paving to be done.

By Messrs. \Vood and Hooper and l\Iiss Kempton of Fulton, and vVeeks, Davis and Lindsey of DeKalb-
House Bill Xo. 29. A Bill to amend the Constitution relative to levying a school tax of one mill in counties with cities of two hundred thousand, or more, etc.

The following message was received from the House through l\Ir. :Jioore, the Clerk thereof:
~Ir. President:
The House has passed by the requisite Constitutional majority the following Bills of the House, to-wit:
By Messrs. Denmark, Lawton and Alexander of Chatham-
House Bill No. 54. A Bill to amend the several Acts incorporating the City of Savannah, relative to the conveying of President Street.

WEDNESDAY, MARCH 31, 1926.

203

By Messrs. Welchel and Lewis of Colquitt-
House Bill Xo. 56. A Bill to amend an Act creating a new charter for the City of Moultrie.

The followin~ House Bills and Senate Bill were read the first time and referred to Committees:

By Messrs. "Whelchel and Lewis of Colquitt-
House Bill No. 56. A Bill to amend Act to create a new charter for the City of Moultrie, to provide for street improvements; and for other purposes.
Referred to Committee on Corporations.

By :Messrs. Denmark, Lawton a.nd Alexander of Chatham-
House Bill Ko. 54. A Bill to amend the several Acts relating to and incorporating the Mayor and Andermen of the City of Savannah, so as to provide that the said Mayor and Aldermen may close and convey that portion of President Street, in said City, between Bull and Whitaker Streets.
Referred to Committee on Corporations.

By Senators Hendrix of the 35th, Clements of the 45th, Harrell of the 12th, and Peebles of the 18th-
Senate Bill Xo. 15. A Bill to amend the Constitution of Georgia, by striking therefrom Paragraph 1, Section 2, Artic~e 7, and substitute in lieu th>reof a new Paragraph 1, authorizing the classification of intangibles for taxation; and for other purposes.
Referred to Committee on Constitutional Amendments.

The following Bills were read the third time and put upon their passage:

204

JouRNAL oF THE SENATE,

By Mr. Zellars of Hart-
House Bill X o. 39. A Bill to amend Act apprond August 18th, 1923, authorizing the City of Hartwell, Hart County, Georgia, to pave certain streets therein, in connection with the Commissioners of Hart County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the Ayes were 29 and the Nays 0.

The Bill having received the requisite Constitutional majority was passed.

By Messrs. Xeill of ~I uscogee, Harris of J effen.;on and Denmark of Chatham-
House Bill Xo. 7. A Bill to amend an Act appron<l August 27th, 1925, entitled: An Act to assess and collect from estates in Georgia, subject to Federal estate taxes, 25 per cent of the amount found to be due as Federal taxes, for State Inheritance Taxes, etc., so that the State Inheritance Tax would be 80 per cent; and for other purposes.

The report of the Committee, which was fayorahle to the passage of the Bill, was agreed to.

Senator Sapp of the 43rd called for the Ayes and Xays and the call was sustained.

Affirmative--
Andrews Bell, W. L. Boykin, Shi;ley C. Carlisle, Ira

Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clif on, J. D.

Coif', E. D. Cole, R. D. Collif'r, J. C. Df'LaPf'rrierf', H. P.

WEDNESDAY, MARCH 31, 1926.

205

Dixon, J. A. Foster, A. G. Guess, Carl N. Hrndrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Knight, P. T. Knox, Gordon Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I.

J\ilmory, S. For-,ter Middleton, D. S. !\filler, A. L. Morgan, S. H. Moye, R. L. McGrego, J. i\1. D. McKenzie, C. M. ~orman, R. L. Owen, C. F. Parkfr, Jo;;. H. Peacock, J. P.

Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Thompson, J. N. B. Wilkerson, Rev. H. B. Mr. President.

On the call of the roll, the Ayes were 43 and the Nays 0.

The Bill having receind the requisite Constitutional majority was passed.

By Mr. J acksou of Bleckley-
House Bill No. 18. A Bill to authorize an appropriation for the rebuilding of the administration building at the Twelfth District A. & "JI. School at Cochran, Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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

Affirmative-
Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, E. D. Cole, R. D. Collier, J. C. DeLaPerriere, H. P.

Dixon, J. A. Foster, A. G. Guess, Carl N. Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Knight, P. T. Knox, Gordon Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I.

Memory, S. Forster Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. McKenzie, C. M. Norman, R. L. Owen, C. F. Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr.

206

JouRNAL OF THE SENATE,

Perkins, R. 0. Pickren, T. L. Pruett, J. F.

Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M.

Thompson, J. N. B. Wilkerson, Rev. H. B. Mr. President.

On the passage of the Bill, the Ayes were 43 and the Nays 0.

The Bill having received the requisite Constitutional majority was passed.

Senator Sapp of the 43rd moved that Senate Bill N'o. 4 be taken from the table and restored to its place on the calendar.
On the motion, the vote was: Ayes 12 and Nays 20.

The motion was, therefore, lost.

Senator Sapp of the 43rd moved that the Senate do now adjourn until 11:00 o'clock A. M., to-morrow, and the motion prevailed.
The President declared the Senate adjourned until 11:00 o'clock A. M., to-morrow.

0

THURSDAy' APRIL 1' 1926.

207

F'OURTEEKTH DAY.

Senate Chamber, Thursday, April 1st, 1926.

The Senate met pursuant to adjournment at 11:00 o'clock, A. M., this day 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:

Bell, W. L. Boykin, Shirley C. Carlisle, Ira CarswPll, Dr. H. J. Clary, E. D. ClC'ments, J. B. Clifton, J. D. Cole, R. D. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y. Hayes, \V. C. Hendrix, \Y. C.

Hughes, H. L. D. Hutcheson, J. R. Knight, P. T. Knox, Gordon Luttrell, J. "A. ?lhddox, A. K. Matthews, Dr. Joe I. Memory, S. Forster Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. McKenzie, C. M. Neal, Benj. F. Norman, R. L.

Owen, C. F. Parker, Jos. H. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Peacock, J. P. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Stevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B. Mr. President

Senator Sapp of the 43rd asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.

The Journal was confirmed.

Senator Guess of the 35th asked unanimous consent that Senate Bill Xo. 15 be read the second time and recommitted, and the consent was granted.

208

JouR...-AL oF THE SENATE,

The following Senate Bill was read the second time and recommitted:

By Senators Clements of the 45th, Harrell of the 12th, and Peebles of the 18th-
Senate Bill Xo. 15. A Bill to amend the Constitution of Georgia, by striking therefrom Paragraph 1, Section :.!, Article 7, and substituting in lieu thereof a new Paragraph 1, authorizing the classification and segregation of intangibles for taxation.

The following Joint Resolution was read and tabled: By Senator Ricketson of the 19th-

Senate Resolution No. 6. A Resolution providing for

sine die adjoumment of the General Assembly, April 2nd,

1926, at 12:00 o'clock.

.

The President called for reports of standing commit-

tees.

Mr. Bell of 51st District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your Committee on Corporations have had under consideration the following Bills of the House, and haYe instructed me as Chairman, to report the same back to the Senate with the recommendation that they do pass:

By l\Iessrs. Denmark, Lawton and Alexander of Chatham.
House Bill Ko. 54. To amend the several Acts relating to and incorporating the ::\layor and Aldermen of Savannah, relative to conveying President Street.

THURSDAY, APRIL 1, 1926.

209

By :Messrs. vVelchel and Lewis of Colquit County-
House Bill :No. 56. To amend an Act to create a new charter for the City of Moultrie, to provide for Street Improvements, and for other purposes.
Bell, Chairman.
:Mr. Foster of 43rcl District, Chairman of the Committee on Special Judiciary, submitted the following report:

l\Ir. President:
Your Committee on Special Judiciary have had under consideration the following Bills of the Senate, and have instructed me as Chairman, to report the same back to the Senate with the recommendatio~l that Senate Bill Xo. 14 do pass, and that Senate Bill Xo. 10 do pass as amended.
By l\Ir. Boykin of 37thSenate Bill ~o. 14. A Bill to repeal Section 2206-of the
Code of 1910, relating to the ownership of land by foreign Corporations and for other purposes.
By :Mr. Sapp of 43rd-
Scnate Bill Xo. 10. A Bill to amend an Act approved August 17, 1920, providing for domestication of foreign corporations and to define the powers and privileges of the same and for other purposes.
Foster, Chairman.

:I\Ir. :Memory of 46th District, Chairman of the Committee on Highways, submitted the following report:

J.Ir. President:
Your Committee on Highways have had under consideration the following Bill of the Senate, and have in-

210

JOURNAL OF THE SENATE,

structed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:

By :Mr. Carswell of 5th, Hughes of 21st, :Memory of 46th, and Dixon of 17th-
Senate Bill No. 12. To authorize a county or counties wherever they see fit to assign by proper resolution and contract their one cent gas tax to the State Highway Board of Georgia for a period of time and for other purposes.
Respectfully submitted,
Memory, Chairman.
J. B. Clements, Secretary.

The following House Bills and Senate Bill, favorably reported, were read the second time:

By Senator Boykin of the 37th-
Senate Bill No. 14. A Bill to repeal Section :2206 of Code of 1910, relating to ownership of land by foreign corporations.

By ~lessrs. Denmark, Lawton and Alexander of Chatham-
House Bill No. 54. A Bill to amend the several Acts incorporating the City of Savannah, relative to the conveying of President Street.

By .Messrs. -Whelchel and Lewis of ColquittHouse Bill Xo. 56. A Bill to amend an Act creating a
new charter for the City of J\foultrie.
The following Senate Bills were read the first time and referred to Committees:

THURSDAY, APRIL 1, 1926.

211

By Senator Cars\vell of the 5th-
Senate Bill?\o. 16. A Bill to be entitled an Act to provide for the payment of a road duty commutation tax, requiring each person subject to road duty, or road duty commutation tax, under existing laws, to make a return of and to pay such tax as State and County taxes are now returned and paid; to provide for the use of the funds thus derived and providing how this Act may be adopted and become effective in the several counties of the State.
Referred to the Committee on Highways.
By Senator Knight of the 6th-
Senate Bill No. 17. A Bill to be entitled: "An Act to propose an amendment to Paragraph 1, of Section 4, of Artilce 8 of the Constitution of this State on the subject of educational taxation; and for other purposes.
Referred to Committee on Constitutional Amendments.

The following House Bills and Senate Bills were read the third time and put upon their passage:

By l\Ir. Perkins of Jenkins-
House Bill?\o. 42. A Bill to amend the charter of :Millen, Jenkins County, to allow paving to be done.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 31, and the ~ays 0.
The Bill having received the requisite Constitutional majority was passed.

By l\Iessrs. Harris and England of JeffersonHouse Bill X o. 37. A Bill to amend the charter of the

212

JouRNAL OF THE SE~ATE,

City of Louisville, Jefferson County, Georgia, so as to allow paving.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 39 and the Nays 0.
The Bill having receiwd the requisite Constitutional majority was passed.

By Messrs. England and Harris of Jefferson-
House Bill 1\o. 38. A Bill to amend the charter of the City of Wadley, Jefferson County, so as to authorize and empower said City of wadley to issue bonds, to pave streets, sidewalks, etc.; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill the Ayes were 30 and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

By ~Ir. Culpepper of Fayette-
House Bill Xo. 14. A Bill to be entitled an Act to amend paragraph two of section six of article seven of the Constitution of the State of Georgia, and for other purposes.
Section 1. The General Assembly of the State of Georgia hereby proposes to the people of Georgia the following amendment to the Constitution of the State of Georgia, to-wit: That paragraph two of section six of article seven be amended by adding at the end of said section, after the clause, "and to provide for necessary sanitation," the following words, to-wit: "and for the prevention of disease and death of human beings, and for the

THURSDAY, APRIL 1, 1926.

213

collection and preservation of records of birth, death, disease and health.''
Section 2. Be it further enacted by the authority aforesaid, That if the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two houses of the General Assembly the same shall be entered on their Journals, with the yeas and nays taken thereon, and the Governor shaH cause the said amendment to be published in one or more newspapers in each Congressional District of the State for two months before the next general election; and the Governor is hereby authorized and directed to provide for the submission of said amendment to the people at said election. The persons voting at said election in favor of said amendment shall have on their ballots the words: "For ratification of amendment to Article 7, Section 6, Paragraph 2 of the Constitution, providing for the prevention of disease and death and the collection and preservation of records of birth, death, disease and health.'' The persons opposed to this amendment shall have on their ballots the words: ''Against ratification of amendment to Article 7, Section 6, Paragraph 2 of the Constitution, providing for the prevention of disease and death and the collection and preservation of records of birth, death, disease and health.'' If a majority of the electors qualified to vote for Members of the General Assembly, voting thereon, shall vote for ratification of the said amendment, the Governor, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in cases of elections for members of the General Assembly, to count and ascertain the result, shall issue his proclamation for one insertion in one daily newspaper of the State, announcing the result and declaring the ratification of said amendment.
Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

214

JouR~AL OF THE SEXATE,

The report of the Comi:nittee, which was favorable to the passage of the Bill, was agreed to.

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

Affirmative-

Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H. J. Clements, J. B. Clifton, J. D. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl ~. Harrell, G. Y. Hayes, W. C. Hendrix, W. C. Hughes, H. L. D.
Negative-

Hutcheson, J. R. Knight, P. T. Maddox, A. K. Matthews, Dr. Joe I. Memory, S. Forster Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. McKenzie, C. M. Neal, Benj. F. Norman, R. L. Owen, C. F.

Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Stevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. vYilkerson, Rev. H. B.

Cole, E. D.

Cole, R. D.

On the passage of the bill the Ayes were 40 and the Nays 2.

The Bill having received the requisite Constitutional majority was passed.

By ~Iessrs. vVood and Hooper and ~Iiss Kempton of Fulton, and weeks, Davis and Lindsey of DeKalb-
Hiouse Bill Ko. 29. A Bill to be entitled ''An Act to amend Paragraph 2 of Section 6 of Article 7 of the Constitution of this State.''
Be it enacted by the General Assembly of Georgia:
Section 1. That the following amendment to the Constitution of this State is hereby proposed, to-wit: By adding to Paragraph 2 of Section 6 of Article 7, of the Constitution the following words, to-wit:

THURSDAY, APRIL 1, 1926.

215

"Furthermore, in any county in this State which has wholly or partly within its boundaries a city of not less than 200,000 population, the county authorities thereof are hereby authorized to levy a tax not exceeding 1 mill for educational purposes on all the taxable property throughout the entire county, including territory embraced in independent school systems, the same to be appropriated to the use of the county board of education and to educational \Vork directed by them.''
Section 2. This proposal being agreed upon by twothirds of the members elected to each of the two Houses of the General Assembly, the same shall be entered on their Journal with the yeas an(l nays taken thereon and the Governor is hereby directed to cause such amendment or amendments to be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next general election. At said election, said proposed amendment shall be submitted to the people qualified to vote thereon. Those desiring to vote in favor of the same shall have written or printed upon their ballots the words "For the Constitutional amendment authorizing taxation for educational purposes in counties having cities of more than 200,000 population wholly or partly within their boundaries." Those desiring to vote against the ratification of the amendment shall have written or printed on their ballots the words "Against the Constitutional amendment authorizing taxation for educational purposes in counties having cities of more than 200,000 population wholly or partly within their boundaries." If the people ratify such amendment or amendments by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment or amendments shall become part of the Constitution of this State. The returns of the election shall be made in like manner as returns for l\Iembers of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and

216.

JouRXAL oF THE SEXATE,

to certify the result to the GoYemor, who shall, if such amendment he ratified, make proclamation thereof.

'!'he report of the Committee, which was fayorahle to the passage of the Bill, was agreed to.
Upon the call of the roll, the Yote was as follows, to-wit:

Bell, \V. L. Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H ..T. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, R. D. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y. Hayes, W. C.

Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. H.. Knight, P. T. Luttrell, J. A. Maddox, A. K. i\latthews, Dr. Joe I. :\lemory, S. Forster Middleton, D. S. i\Iiller, A. L. Morgan, S. H. Moye, R. L. McKenzie, C. :\1. Neal, Benj. F.

Xorman, R. L. Owen, C. F. Parker, Jos. H. Peebles, I. 8., Jr. Perkins, R. 0. Pickren, 'I'. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. l\1. Sapp, \Y. l\1. Stevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B.

On the passage of the bill the Ayes were 42 and the Nays 0.

The Bill hadng received the requisite Constitutional majority was passed.

By :\Iessrs. Dekle ami Stanford of Lcnvndes-
House Bill No. 3:~. A Bill to be entitled an Act to propose to the qualified voters of this State an amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of Georg-ia, authorizing the County of Lowndes, or the City of Valdosta, or both, to increase the bonded iudehtedness of said County of Lowndes, or City of Valdosta, or both, for the purpose of aiding in the establishing, maintaining or endowing an educational institution of College rank, located or to be located within said county, whether same be owned or controlled by the State, County or City, or not owned or controlled hy the State, County or City. and as memorial to

THURSDAY, APRIL 1, 1926.

217

woodrow -Wilson, provided said educational institution be non sectarian and non denominational.
Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of Georgia be and the same is hereby amended by adding thereto the following words:
''And except that the County of Lowndes or the City of valdosta or both may incur a bonded indebtedness in additiOn to the debts herein before in this paragraph allow-
ed to be incurred, in an am-ount in the aggregate not ex-
ceeding one million dollars ($1,000,000.00) for the purpose of aiding in establishing, maintaining or endowing an educational institution of College rank, located or to be located within said County, whether same be owned or controlled by the State or County or City or not owned or controlled by the State or County or City, and as a memorial to \Voodrow \Yilson, provided said educational institution be non sectarian and non denominational, and provided that ~,;uch indebtedness shall not be incurred except with the assent of a majority of the qualified voters of said county or said city, as the case may be, and the assent of two-thirds (2-3) of the qualified voters of said county or of said city, as the case may be, actually voting at an election, or elections, for that purpose to be held as may now or may hereafter be prescribed by law for the purpose of incurring new debts by any county or municipality within this State. In the event this amendment be ratified and becomes a part of the Constitution, and in the event the bonds provided for are authorized, validated and sold as provided by law by said County of Lowndes or City of Valdosta or both, the County Commissioner of Roads and Revenues of said County, or the Mayor and Council of said City of Valdosta, as the case may be, may pay onr the proceeds of the sale of said bonds to the Board of Trustees of such educational institution.''

218

JouRNAL OF THE SENATE,

Section 2. Be it further enacted by the authority aforesaid that when said amendment be agreed to by twothirds (2-3) 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 of this State for two months previous to the time for holding the next general election and shall at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed
amendment to the Constitution shall have written or
printed on their ballots the words, "For ratification of
amendment to Article Seven, Section Seven, Paragraph
One, of the Constitution, authotizing the County of Lowndes or the City of Valdosta, or both, to increase the bonded indebtedness of said County of Lowndes, or the City of Valdosta, or both, for the purpose of aiding in establishing, maintaining or endowing an educational institution of College rank,'' 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 Article Seven, Section Seven, Paragraph One of the Constitution, authorizing the County of Lowndes or the City of Valdosta, or both to increase the bonded indebtedness of said Connty of Lowndes or City of Valdosta, or both, for the purpose of aiding in establishing, maintaining or endowing an educational institution of College rank," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consolidate(! as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article Seven, Section Seven, Paragraph One, of the Constitution of this State, and the Governor shall make proclamation therefor as provided by law.
Section 3. Be it further enacted that all laws or parts of laws in conflict herewith are repealed.

THURSDAY, APRIL 1, 1926.

219

The report of the Cemmittee, which was favorable to the passage of the Bill, was agreed to.

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

Affirmative-

Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, R. D. DeLaPerriere, H. P Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y.
Hayes,'" C.

Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Luttrell, J. A. :\Iaddox, A. K. Matthews, Dr. Joe I. Memory, S. Forster l\Iiddleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. 1\Ici\:enzie, C. M.

Neal, Benj. F. Norman, R. L. Owen, C. F. Parker, Jos. H. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Rountree, Dr. A. M. Sapp, W. M. Stevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. 'Vilker3on, Rev. H. B.

On the pa:;sage of the bill the Ayes were 42 and the Nays 0.

The Bill having received the requisite Constitutional majority was passed.

By Senator Sapp of the 43rd-
Senate Bill N' o. 10. A Bill to amend an Act approved August lith, 1920, providing for domestication of foreign corporations, so as to define the powers and privileges of such domesticated corporations and their stockholders; to provide method of surrendering or cancelling such domestication; and for other purposes.

The Committee offered the following amendment:
Amendment to Senate Bill No. 10: Amend Section 1 by adding after the words: ''that such cancellation and surrender may not be allowed without injustice to any stockholder or to any person having

220
claims or demands of any character against said corporation'' the words: ''or to the State of Georgia.''
Senator Wilkerson of the 49th asked if Senate Bill No. 10 came under the head of this Special Call, and the Chair stated that it did.
Senator Hutcheson of the 39th moved that Senate Bill Xo. 10 be recommitted.
Senator Sapp of the 43rd moved that Senate Bill No. 10 be recommitted to come up not later than to-morrow mornmg.
Senator I\Iemory of the 46th requested that the Amendment to Senate Bill ~o. 10, offered by the Committee, be read again and the request was granted.
Senator Hutcheson of the 39th withdrew his motion to re-commit Senate Bill Xo. 10.
Senator Hutcheson of the 39th offered the following Amendment to Senate Bill 1\o. 10, and the amendment was adopted:
By Senator Hutcheson of the 39th-
Amendment to Senate Bill Xo. 10. Amend said Bill, by adding after last Section, before repealing clause thereof, the following Section: "Be it further enacted, by the authority aforesaid, that all foreign corporations thus domesticated, shall he dissolved in the same manner and under same proceedings as are now proYided for dissolution of domestic corporations.''
Senator Harrell of the eth moved to take Senate Bill No. 10 from the Committee on Special Judiciary andrecommit it to Committee on General Judiciary ?\o. 2.
The motion was lost.

THURSDAY, APRIL 1, 1926.

221

Senator Sapp of the 43rd offered the following Amendment to Senate Bill Xo. 10, and the Amendment was adopted:

By Senator Sapp of the 43rd-
Amcndment to Senate Bill No. 10. Amend by numbering Sections seriatem.

Senator Memory of the 46th offered the following Amendment to Senate Bill Xo. 10, and the Amendment was adopted:

By Sena tor :\Iemory of the 46th-
Amendment to Senate Bill 1\o. 10. Amend Section 2, by adding after the words: ''any stockholder of such corporation or any person haYing a claim or demand of any character against it" the words "or the State of Georgia, through the Solicitor-General, where it is claimed that the State's interest would be injuriously affected by the cancellation of such domestication.''

Senator Peebles of the 18th offered the following Amendment to Senate Bill Xo. 10:

By Senator Peebles of the 18th-
Amendment to Senate Bill ~ o. 10. Amend by striking all of the proposed new Section (Section 2).

Senator Hutcheson of the 39th asked unanimous consent that the session be extended until all matters on the Secretary's desk be disposed of, and the consent was granted.
Senator Harrell of the 12th moved to table Senate Bill No. 10.
The motion was lost.

222

JOURNAL OF THE SENATE,

Senator McKenzie of the 48th moved the previous. question, and the motion prevailed, and the main question was ordered.

Senator Harrell of the 12th called for the Ayes and Nays on the adoption of Senator Peebles' Amendment to Senate Bill :t\o. 10, and the call was sustained.

On the call of the roll, the vote was as follows:

Affirmative-

Bell, W. L. Carlisle, Ira Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. DeLaPerriere, H. P. Harrell, G. Y. Hayes, W. C. Hendrix, W. C.

Hutcheson, J. R. Knight, P. T. Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I. Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. McKenzie, C. M.

Neal, Benj. F. Norman, R. L. Owen, C. F. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Rountree, Dr. A. l\1. Thompson, J. N. B. Wilkerson, Rev. H. B.

Negative-

Boykin, Shirley C. Cole, E. D. Cole, R. D. Dixon, J. A. Foster, A. G.

Guess, Carl N. Hughes, H. L. D. :Memory, S. Forster Parker, Jos. H. Pruett, J. F.

Ricketson, Dr. F. B. Sapp, W. M. Stevens, C. 0. 'Wellborn, Dr. E. C.

On the adoption of the Amendment, the Ayes were 29 and the Xays 15, and the Amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the Ayes were 35 and the K ays 0.

The Bill having received the requisite Constitutional n~ajority was passed, as amended.

THURSDAY, APRIL 1, 1926.

223

Senator Sapp of the 43rd asked unanimous consent that Senate Bill Ko. 10 be immediately transmitted to the House, and the consent was granted.

Senator Harrell of the 12th moved that the Senate do now adjourn, and the motion prevailed.

The privileges of the floor were extended to Honorable J. E. T. Bowden, a former member of this body, during his stay in the City.

The President declared the Senate adjourned until 10:00 o'clock A . .M., to-morrow.

224

JouRNAL OF THE SENATE,

FIFTEENTH DAY.

Senate Chamber, Friday, April 2nd, 1926.
The Senate met pursuant to adjournment at 10:00 o'clock A. ni., this day, and was called to order by the President.
Prayer was offered by Senator Knight of the 6th.
Senator Cole of the 42nd asked unanimous consent to dispense with the calling of the roll, and the consent was granted.
Senator Sapp of the 43rd asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.
The Journal was confirmed.
Senator Knight of the 6th asked unanimous consent that Senate Bill Xo. 17 be withdrawn from the Committee on Constitutional Amendments and read the second time and recommitted, and the consent was grau tec1.
The following Bill was read the second time and recommitted: By Senator Knight of the 6th-
Senate Bill Xo. 17. A Bill to be entitled au Act to propose au amendment to Paragraph 1, of Section -1, of Article 8 of the Constitution of this State, on the subject of educational taxation; and for other purposes.

FRIDAY, APRIL 2, 1926.

225

The President called for the reports of standing Committees.

Mr. Perkins of 24th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 1 have had under consideration the following Senate Bill No. 13 and 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:
Senate Bill No. 13. To require confirmation by Judges of Superior Courts of Georgia of all sales of real estate or any interest in land when sold at public outcry under judgment, decree or mortgage foreclosure, etc.
Perkins, Chairman.

Mr. Peebles of 18th District, Chairman of the Committee on Pensions, submitted the following report:
Mr. President:
Your Committee on Pensions have had under consideration the following Resolution of the House No. 8, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do not pass.
Lewis Peebles, Jr., Chairman. April 2, 1926.

Mr. Memory of 46th District, Chairman ofthe Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways have had under consid-

226

JouRNAL OF THE SENATE,

eration 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:

By Mr. Carswell of 5th District-
Senate Bill No. 16. To provide for the payment of a road duty commutation tax requiring each person subject to road duty commutation tax under existing laws to make a return of and pay such tax as state and county taxes are now returned and paid, to provide for the use of the funds thus derived and providing how this act may be adopted, etc.
Respectfully submitted,
Memory, Chairman.

The following Senate Bills were read the :first time and referred to Committees:

By Senator Ennis of the 20th-
Senate Bill No. 18. A Bill to amend an Act providing for the improvement and paving of the streets, sidewalks, squares and alleys of the City of Milledgeville; and for other purposes.
Referred to Committee on Corporations.

By Senators Morgan of the 1st, Miller of the 9th, Carlisle of the 7th and Knox of the 3rd-
Senate Bill No. 19. A Bill to reorganize and reconstitute the State Highway Department of Georgia, and to prescribe the powers and duties thereof.
Referred to Committee on Highways.

The following Senate Bill, favorably reported, was read the second time:

FRIDAY, APRIL 2, 1926.

227

By Senator Carswell of the 5th-
Senate Bill No. 16. A Bill to provide for the payment of a road duty commutation tax, requiring each person subject to road duty, or road duty commutation tax, under existing laws, to make a return of, and to pay such tax as State and County taxes are now returned and paid, to provide for the use of the funds thus derived and providing how this Act may be adopted and become effective in the several counties of the State.

The following House and Senate Bills were read the third time and put upon their passage:

By Messrs. Denmark, Lawton and Alexander of Chatham-
House Bill No. 54. A Bill to amend the several Acts incorporating the City of Savannah, relative to the conveying of President Street.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 37 and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

By Messrs. Whelchel and Lewis of Colquitt-
House Bill No. 56. A Bill to amend an Act creating a new charter for the City of Moultrie.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill the Ayes were 25 and the Nays 0.

228

JouRNAL oF THE SENATE,

The Bill having received the requisite Constitutional majority was passed.

By Mr. Harris of Jefferson-
House Bill No. 41. A Bill to amend Paragraph 61, Section 2 of the General Tax Act, approved December 19, 1923, relative to special or corporation tax imposed by law upon insurance agents.

Senator Moye of the 11th offered the following Amendment to House Bill No. 41:
Amendment to House Bill No. 41. Amend caption by inserting at the end thereof the words: ''and to make provision for registration of same" and further amend by adding at end of Section 1 thereof the words:" And it is further provided that said agents shall register with the Ordinaries, as a condition precedent to doing business, and shall pay said Ordinaries as a registration fee the sum of One Dollar for each registration.''
On the adoption of the Amendment, the Ayes were 19 and the Nays 11.
The Amendment was adopted.

Senator Ennis of the 20th stated that at the proper time he would ask the Senate to reconsider its action in adopting Senator Moye 's Amendment to House Bill No. 41.

Senator Ennis of the 20th moved that the Senate reconsider its action in adopting Senator Moye 's amendment to House Bill No. 41.

Senator Knox of the 3rdmoved the previous question, and the motion prevailed, and the main quuestion was ordered.

FRIDAY, APRIL 2, 1926.

229

Senator Moye of the 11th called for the Ayes and Nays on Senator Ennis' motion to reconsider the action of the Senate in adopting Senator Moye 's amendment to House Bill No. 41, and the call was sustained.

On the call of the roll the vote was as follows:

Affirmative-

Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H. J. Clifton, J. D. Cole, E. D. Hughes, H. L. D.

Knight, P. T. Matthews, Dr. Joe I. Memory, S. Forster Neal, Benj. F. Norman, R. L. Owen, C. F. Pruett, J. F.

Sapp, W. M. Stevens, C. 0. Wellborn, Dr. E. C. Wilkerson, Rev. H. B. Mr. President.

Negative-

Clements, J. B. Cole, R. D. Guess, Carl N. Harrell, G. Y. Hayes, W. C. Hendrix, W. C.

Hutcheson, J. R. Knox, Gordon Morgan, S. H. Moye, R. L. McKenzie, C. M. Parker, Jos. H.

Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Ricketson, Dr. F. B. Rountree, Dr. A. M. Thompson, J. N. B.

On the call of the roll, the Ayes were 19 and the Nays 18.

The Amendment to House Bill No. 41 was, therefore, reconsidered.

On the adoption of the amendment to House Bill No. 41, Senator Wilkerson of the 49th called for the Ayes and Nays and the call was sustained.

On the adoption of the Amendment to House Bill No. 41 the vote was as follows:

Affirmative-
Clements, J. B. Cole, R. D. Guess, Carl N.

Harrell, G. Y. Hayes, W. C. Hendrix, W. C.

Hutcheson, J. R. Knox, Gordon Morgan, S. H.

230

JouRNAL OF THE SENATE,

Moye, R. L. McKenzie, C. M. Parker, Jos. H.
Negative-

Peebles, I. S., Jr. Perkins, R. 0.

Pickren, T. L. Thompson, J. N. B.

Andrews, E. E. Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H. J. Clifton, J. D. Cole, E. D. Foster, A. G.

Hughes, H. L. D. Knight, P. T. Matthews, Dr. Joe I. Memory, S. Forster Miller, A. L. Neal, Benj. F. Norman, R. L. Owen, C. F.

Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Stevens, C. 0. Wellborn, Dr. E. C. Wilkerson, Rev. H. B.

On the adoption of the Amendment to House Bill No. 41, the Ayes were 16 and the Nays 23.

The Amendment was, therefore, lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the Ayes were 34 and the Nays 1.

The Bill having received the requisite Constitutional majority was passed.

By Senators Carswell of the 5th, Hughes of the 21st, Memory of the 46th and Dixon of the 17th-
Senate Bill No. 12. A Bill to authorize a County or Counties wherever they see :fit to assign by proper resolution and contract their one cent gas tax to the State Highway Board for a period of time.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
Senator Foster of the 28th moved the previous question, and the motion prevailed, and the main question was ordered.

FRIDAY, APRIL 2, 1926.

231

On the passage of the Bill, Senator Knight of the 6th called for the Ayes and Nays and the call was sustained.

On the call of the roll, the vote was as follows: Af:firma t i v e -

Andrews, E. E. Bell, W. L. Carswell, Dr. H. J. Clements, J. B. Clifton, J. D. Cole, R. D. Collier, J. C. Foster, A. G. Harrell, G. Y.
Negative-

Hayes, W. C. Hughes, H. L. D. Hutcheson, J. R. Memory, S. Forster Miller, A. L. Moye, R. L. McKenzie, C. M. Neal, Benj. F. Owen, C. F.

Peebles, I. S., Jr. Perkins, R. 0. Rountree, Dr. A. M. Sapp, W. M. Stevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B.

Boykin, Shirley C. Carlisle, Ira Cole, E. D. Guess, Carl N. Hendrix, W. C.

Knight, P. T. Knox, Gordon Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I.

Morgan, S. H. Parker, Jos. H. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B.

On the passage of the Bill, the Ayes were 26 and the Nays 15.

The Bill having received the requisite Constitutional majority was passed.

By Senators Harrell of the 12th and Hutcheson of the 39th-
Senate Bill No. 13. A Bill to require confirmation by the Judges of the Superior Courts of this State of all sales of real estate, or any interest in land, when sold at public outcry, under any judgment, decree or mortgage foreclosure, issued from any of the Courts of this State, or when sold by an executor or administrator, or under any power of sale.

Senator Memory of the 46th moved that the Senate do now adjourn until Tuesday, April 6th, 1926.

232

JouRNAL oF THE SENATE,

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

l\fr. President:

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

By Mr. Barrett of Stephens-

House Bill No. 65b. A Bill to make appropriations for extraordinary sessions. (App.)

By Mr. Griffin of Decatur and others-
House Bill No. 21. A Bill to amend an Act creating a Service Bureau for assisting ex-service men.

By Mr. Parrish and Brunson of Bullard-

House Resolution No. 5. A Resolution authorizing the Normal School to borrow money.
By Mr. Lewis of Hancock-
Bouse Resolution No. 24. A Resolution relieving R. R. Tucker as principal and R. C. Tucker and others as sureties on a bond.
Senator Memory of the 46th withdrew his motion to adjourn, in order that the matter from the House now on the desk might be disposed of.
Senator Harrell of the 12th moved that action on Senate Bill No. 13 be postponed until Wednesday morning, April 7th, at 11:00 o'clock.

FRIDAY, APRIL 2, 1926.

233

Senator Knight of the 6th made the point of order that a message from the House was first to be disposed of, and the point of order was sustained.

The following House Bills and House Resolutions were read the first time and referred to Committees:

By Mr. Barrett of Stephens-
House Bill No. 65. A Bill to make appropriation for this Extraordinary Session.
Referred to Committee on Appropriations.

By Mr. Griffin of Decatur, and others-
House Bill No. 21. A Bill to amend an Act creating a Service Bureau for assisting ex-service men.
Referred to Committee on Appropriations.

By Messrs. Parrish and Brinson of Bulloch-
Hause Resolution No. 5. A Resolution authorizing the Georgia Normal School to borrow money.
Referred to Committee on Education.

By 1\fr. Lewis of Hancock-
House Resolution No. 24. A Resolution relieving R. R. Tucker, as principal, of R. C. Tucker, and others, as sureties on bond.
Referred to Committee on Special Judiciary.

Senator Harrell of the 12th moved that action on Senate Bill No. 13 be postponed until wednesday morning, April 7th, at 11:00 o'clock, and the motion prevailed.
Senator Harrell of the 12th moved that the Senate do now adjourn, until Tuesday morning.

234

JouRNAL oF THE SENATE,

Senator Wilkerson of the 49th moved to amend the motion of Senator Harrell of the 12th that the Senate do now adjourn until Monday morning.

Senator Wilkerson of the 49th called for the Ayes and Nays, and the call was not sustained.

The motion of Senator Harrell of the 12th, to adjourn until Tuesday morning, April 6th, prevailed.

The privileges of the floor were extended to Miss Juanita Haralson and Miss Louise Haralson of the County of Union, during their stay in the City.

The President declared the Senate adjourned until Tuesday morning, April 6th, 1926, at 10:00 o'clock.

TUESDAY, APRIL 6, 1926.

235

NINETEENTH DAY

Senate Chamber, Tuesday, April 6th, 1926.
The Senate met pursuant to adjournment at 10:00 o'clock A. 1\f., this day, and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Peebles of the 18th asked unanimous consent that the calling of the roll be dispensed with, and the consent was granted.
Senator Morgan of the 1st stated that at the proper time he would ask the Senate to reconsider its action in passing House Bill No. 54.
Senator Sapp of the 43rd asked unanimous consent that the reading of the Journal of the previous day's proceedings be dispensed with, and the consent was granted.
Senator Morgan of the 1st moved that the Senate reconsider its action in passing House Bill No. 54, on April 2nd, and the motion prevailed.
Senator Sapp of the 43rd moved that the Senate recess at this time, for thirty minutes, subject to the call of the chair, and the motion prevailed.
The President declared a recess of the Se11ate for thirty minutes.

236

JOURNAL OF THE SENATE,

The Senate reconvened at 10:45 o'clock, A. M., and was called to order by the President.

The Journal was confirmed.

Senator Guess of the 34th asked unanimous consent that House Bill No. 21 be withdrawn from the Committee on Appropriations, read the second time and recommitted, and the consent was granted.
Senator Knight of the 6th asked unanimous consent that House Resolution No.5 be withdrawn from the Committee on Education, read the second time, and recommitted, and the consent was granted.

The following House Bill and House Resolution were read the second time and recommitted:

By Griffin of Decatur, and others-
House Bill No. 21. A Bill to amend an Act creating a Service Bureau for assisting ex-service men.

By Messrs. Parrish and Brinson of Bulloch-
Honse Resolution No.5. A Resolution authorizing the Georgia Normal School to borrow money.

The President called for the reports of standing committees.

Mr. Bell of 51st District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your Committee on Corporations have had under consideration the following Bill of the Senate, and have in-

TuESDAY, APRIL 6, 1926.

237

structed me as Chairman, to report the same back to the Senate with the recommendation that it do pass:

By Senator Ennis of the 20th District-
Senate Bill No. 18. To amend an Act to pave and improve the streets of Milledgeville, Ga., and for other purposes.
Bell, Chairman.

Mr. Hendrix of 35th District, Vice 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 House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.

By Mr. Barrett of StephensHouse Bill No. 65-B. A Bill to make appropriations
for the expenses of the Extraordinary Sessions of 1926. Respectfully, Hendrix, 35th District, Vice Chairman.

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 Resolutions and Bills of the House, to-wit:

238

JOURNAL OF THE SENATE,

By Mr. Lankford of Toombs-
Hause Bill No. 66. A Bill to amend an Act providing for the voting of bonds in the City of Vidalia.

'By Messrs. Palmer and Newton of Hall-
House Bill No. 69. A Bill to amend an Act creating a charter for the City of Gainesville.

By Mr. Ticker of Berrien-
House Bill No. 73. A Bill to amend the Charter of the City of Nashville in order to provide for paving.

By Mr. Griffin of Decatur-
House Resolution No. 29. A Resolution to accept in the name of the State of Georgia a stone in memory of the Eighty-Second Division and to transport same to Cornay, France.

By Mr. Collier of the 22nd-
Senate Bill No. 2. A Bill to consolidate the office of tax receiver and tax collector of the County of Lamar into the office of Tax Commissioner.

By Mr. Memory of the 46th-
Senate Bill No. 6. A Bill to amend an Act to authorize the securing <>f advances made for the purpose of planting, making or gathering a crop or crops by the giving of a bill of sale.

The following House Bill and Senate Bill, favorably reported, were read the second ti:y;ne:
By Mr. Barrett of Stephens-
House Bill No. 65. A Bill to make appropriation for the expenses of Extraordinary Session of 1926.

TuESDAY, APRIL 6, 1926.

239

By Senator Ennis of the 20th-
Senate Bill No. 18. A Bill to amend an Act to pave and improve the streets of Milledgeville, Georgia; and for other purposes.

The following House Bills and Senate Bills were read the first time and referred to Committees:
By Mr. Lankford of Toombs-
House Bill No. 66. A Bill to amend an Act providing for the voting of bonds in the City of Vidalia.
Referred to Committee on Corporations.

By Messrs. Palmour and Newton of Hall-
House Bill No. 69. A Bill to amend an Act creating a charter for the City of Gainesville.
Referred to Committee on Corporations.

By Tucker of Berrien-
House Bill No. 73. A Bill to amend the charter of the City of Nashville, in order to provide for paving.
Referred to Committee on Corporations.

By Senator Knight of the 6th-
Senate Bill No. 20. A Bill to authorize and empower the Board of Trustees of local school districts levying a local school tax to borrow sufficient money, and no more, to pay for the operation of said schools, etc.
Referred to Committee on Education.

By Senator Knight of the 6th-(by request)
Senate Bill No. 21. A Bill to amend an Act to codify the school laws of Georgia, in compliance with the pro-

240

JouRNAL OF THE SENATE,

visions of the Act entitled an Act to empower the State Superintendent of Schools, etc., to codify the school laws.
Referred to Committee on Education.

The following House Bill was reconsidered: By Messrs. Denmark, Lawton and Alexander of Cha-
tham-
House Bill No. 54. A Bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that the said Mayor and Aldermen may close and convey that portion of Pres~dent Street in said City between Bull and Whitaker Street.

Senator Morgan of the 1st offered the following substitute for House Bill No. 54; and the Substitute was adopted:
By Senator Morgan of the 1st-
Substitute for House Bill No. 54. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Mayor and Aldermen of the City of Savannah, are hereby authorized and empowered to close and abandon, as a street, and highway, that portion of President Street, in the said City, between Bull and Whitaker streets, lying between the present Post Office Building and Lot "E," Percival Ward; and upon such terms as to the Mayor and Aldermen may seem reasonable for the purpose of conveying the same to the United States Government in fee simple. PROVIDED, HOWEVER, That the Un'ited States Government has acquired the title to Lot Letter "E," Percival Ward, above described, and PROVIDED, FURTHER, HOWEVER, that any action be taken by the authority of this Act shall require an affirmative vote of two-thirds of the Mayor and Aldermen.

TuESDAY, APRIL 6, 1926.

241

Section 2. Be it further enacted by the authority aforesaid, That all la-ws, or parts of laws, in conflict with this Act, be, and the same are hereby repealed.
The report of the committee which was favorable to the passage of the bill was agreed to by substitute.
On the passage of the Bill the Ayes were 39, Nays 0.
The bill having received the requisite Constitutional majority was passed by substitute.

The following Senate Bill was read the third time and put upon its passage:

By Senator Carswell of the 5th-
Senate Bill No. 16. A Bill to provide for the payment of a road duty commutation tax, requiring each person subject to road duty, or road duty commutation tax, under existing laws, to make a return of, and to pay, such tax as State and County taxes are now returned and paid.

The report of the Committee, which was favorable to the passage of the Bill, was disagreed to, and the Bill was lost.

Senator Sapp of the 43rd moved that the Senate do now adjourn untilll :00 o'clock A. M., to-morrow, and the motion prevailed.

The privileges of the floor were extended to the following: Honorable IN. Inman Curry, Honorable Rodney S. Cqhen, Honorable Joseph B. Cumming, Jr., and Doctor W. H. Shaw, all of the County of Richmond, during their stay in the City.

The President declared the Senate adjourned, until 11 :00 o'clock, A. M., to-morrow.

242

JOURNAL OF THE SENATE,

TWENTIETH DAY.
Senate Chamber, Wednesday, April 7th, 1926.
The Senate met pursuant to adjournment, at 11:00 o'clock A. M., this day, and was called to order by the President.
Prayer was offered by Rev. Irby Henderson of College Park.
Senator Cole of the 42nd asked unanimous consent that the calling of the roll be dispensed with, and the consent was granted.
Senator Hughes of the 21st asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with and the consent was granted.
The Journal was confirmed.
Senator Foster of the 28th asked unanimous consent that House Resolution No. 24 be withdrawn from the Committee on Special Judiciary, read the second time, and recommitted, and the consent was granted.
The following House Resolution was read the second time and recommitted: Mr. Lewis of Hancock-
House Resolution No. 24. A Resolution relieving R. R. Tucker as principal and E. C. Tucker, and others, as sureties, on a bond.

WEDNESDAY, APRIL 7, 1926.

243

Senator Memory of the 46th asked unanimous consent that Senate Bill No. 19 be withdrawn from the Committee on Highways, and recommitted.

There was an objection, and the consent was not granted.

Senator Memory of the 46th moved that Senate Bill No. 19 be withdrawn from the Committee on Highways, read the second time, and recommitted.
Senator Knight of the 6th offered an amendment to Senator Memory's motion, that the Committee be instructed to report Senate Bill No. 19 back to the Senate to-morrow morning.
On the vote to amend, the Ayes were 11 and the Nays 17.
The amendment was, therefore, lost.

On the motion to recommit, the Ayes were 20 and the Nays 19.

The motion prevailed.

The following Senate Bill was recommitted:

By Senators Morgan of the 1st, Miller of the 9th, Carlisle of the 7th and Knox of the 3rd-
Senate Bill No. 19. A Bill to reorganize and reconstruct the State Highway Department of Georgia, and prescribe the powers and duties thereof.

The President called for the reports of standing Committees.

244

JOURNAL OF THE SENATE,

Mr. Memory of 46th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways 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:

By Mr. Morgan of 1st District, and others-

Senate Bill No. 19. To reorganize and reconstruct the State Highway Department of Georgia, and for other purposes.

Respectfully submitted,

April 6, 1926.

Memory of 46th Dist., Chairman.

J. B. Clements, Secretary.

Mr. Bell of 51st District, Chairman of the Committee on Corporations, submitted the following report:

Mr. President:
Your Committee on Corporations have had under consideration the following Bills of the House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that they do pass:

By Mr. Lankford of Toombs-
Hause Bill No. 66. To amend an Act providing for the voting of bonds in the City of Vidalia.

By Messrs. Palmour and Newton of Hall-
House Bill No. 69. To amend the charter of the City of Gainesville, Georgia, and for other purposes.

WEDNESDAY, APRIL 7, 1926.

245

By Mr. Tucker of Berrien-
House Bill No. 73. To amend the charter of the City of Nashville.
Bell, Chairman.
Mr. Hendricks of 35th District, Vice 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 House and have instructed me as Vice Chairman, to report the same back to the Senate with the recommendation that the same do pass:
By Mr. Griffin of Decatur, and others-
House Bill No. 21. To amend Act creating a service bureau for the purpose of assisting ex-service men.
Respectfully submitted,
Hendrix 35th Dist., Vice Chm.
J. B. Clements, Secretary.

The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requisite Constitutional majority the following Bills of the House, to-wit:

By Mr. Harrison of J e:fferson-
House Bill No. 6. A Bill to empower all municipal corporations heretofore or hereafter incorporated by the General Assembly to establish a general system of registration of voters.

246

JOURNAL OF THE SENATE,

By Mr. Hines and Riley of Sumter-
House Bill No. 23. A Bill to establish as a branch of the University of Georgia a Normal School to be located at Americus, Ga.

By Mr. Jones of Meriwether and Mr. Harris of Jefferson-
House Bill No. 62. A Bill to amend an Act providing for an occupation tax on dealers in cigars and cigarettes.

The following House Bills and Senate Bill were read the :first time and referred to Committees:

By Mr. Harris of Jefferson-
House Bill :N"o. 6. A Bill to empower all municipal corporations, heretofore or hereafter incorporated, by the General Assembly, to establish a general system of registration of voters.
Referred to Committee on Special Judiciary.

By Messrs. Jones of Meriwether and Harris of Jefferson-
House Bill No. 62. A Bill to amend an Act providing for an occupation tax on dealers in cigars and cigarettes.
Referred to Committee on Finance.

By Messrs. Hines and Riley of Sumter-
House Bill No. 23. A Bill to establish, as a branch of the University of Georgia, a normal school, to be located at Americus, Georgia.
Referred to Committee on University of Georgia.

By Senator Memory of the 46thSenate Bill No. 22. A Bill to eliminate railroad grade

WEDNESDAY, APRIL 7, 1926.

247

crossings on the State Road System; and for other purposes.
Referred to Committee on Highways.

The following House Bills, favorably reported, were read the second time:

By Mr. Lankford of Toombs-
Honse Bill No. 66. A Bill to amend an Act providing for voting of bonds in City of Vidalia, and for a system of public schools.

By Messrs. Palmour and Newton of Hall-
House Bill No. 69. A Bill to amend the charter of City of Gainesville, Ga., relative to an Industrial and Publici.ty Board.

By Mr. Tucker of Berrien-
House Bill No. 73. A Bill to amend the charter of the City of Nashville, to provide for paving, etc.

The following House Bill and Senate Bills were read the third time and put upon their passage:

By Senator Ennis of the 20th-
Senate Bill No. 18. A Bill to amend an Act to pave and improve the streets of Milledgeville.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were 26 and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

248

JouRNAL oF THE SENATE,

By Senator Boykin of the 37th-
Senate Bill No. 14. A Bill to repeal 2206 of Code of 1910, relating to the ownership of land by foreign corporations.

Senator Carlisle of the 7th moved to table Senate Bill Ko.14.
On the motion to table Senate Bill No. 14, the Ayes were 17 and the N"ays 21.
The motion was, therefore, lost.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

Senator Harrell of the 12th moved that Senate Bill No. 14 be recommitted.

Senator Knight of the 6th offered, as an Amendment to Senator Harrell's motion, that the Committee be instructed to report Senate Bill No. 14 back to the Senate to-morrow morning.

The Amendment was adopted.

The motion to recommit Senate Bill No. 14 prevailed.

By Mr. Griffin of Decatur and others-
House Bill Ko. 21. A Bill to amend Act creating Service Bureau for the purpose of assisting ex-service men.

Senator Harrell of the 12th offered the following Amendment to House Bill No. 21:
By Senator Harrell of the 12th-
Amendment to House Bill No. 21. Amend Section 2 of House Bill No. 21, by striking all the words, after the

WEDNESDAY, APRIL 7, 1926.

249

word: "thereafter," in eighth line, and adding, in lieu thereof, the following: ''The term of office of the assistant director shall continue for a period of two year~;~ only, at the end of which time, said office of assistant director is then abolished, except the assistant director may be sooner discharged by the director, if, in his opinion, an assistant is no longer needed, or the assistant is incompetent; but in no event shall the office of assistant director be continued for a longer period _than two years.''

Senator Guess of the 34th asked unanimous consent that the session be extended until House Bill No. 21 be disposed of and the consent was granted.

Senator McKenzie of the 48th called for the previous question.

Senator Hutcheson of the 39th moved that the Senate do now adjourn.
The motion to adjourn was lost.
The main question was ordered.
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the call of the roll, the vote was as follows:
Mfirmative-

Andrews, E. E. Bell, W. L. Carswell, Dr. H. J. Clifton, J. D. Dixon, J. A.

Guess, Carl N. Harrell, G. Y. Hayes, W. C. Hendrix, W. C. Hughes, H. L. D.

Hutcheson, J. R. Johnson, L. F. Luttrell, J. A. Maddox, A. K. Memory, S. Forster

250

JouRNAL OF THE SENATE,

Miller, A. L. Morgan, S. H. Moye, R. L. McKenzie, C. M.

Neal, Benj. F. Norman, R. L. Peacock, J.P. Peebles, I. S., Jr.

Perkins, R. 0. Pruett, J. F. Wellborn, Dr. E. C.

Negative-
Boykin, Shirley C. Carlisle, Ira Carr, Milton B. Clary, E. D. Clements, J. B. Cole, E. D.

Cole, R. D. Collier, J. C. Knight, P. T. McGregor, J. M. D. Owen; C. F. Parker, Jos. H.

Pickren, T. L. Ricketson, Dr. F. B. Rountree, Dr. A. M. Sapp, W. M. Thompson, J. N. B. Wilkerson, Rev. H. B.

On the passage of the bill the Ayes were 26 and the Nays 18.

The Bill having received the requisite Constitutional majority was passed.

Senator Moye of the 11th moved that House Bill No. 21 be immediately transmitted to the House, and the motion prevailed.

Senator Dixon of the 17th moved that the Senate do now adjourn, until 11:00 o'clock A. M., to-morrow, and the motion prevailed.

The President declared the Senate adjourned until 11:00 o'clock A. M., to-morrow.

THURSDAY, APRIL 8, 1926.

251

TWENTY-FIRST DAY.

Senate Chamber, Thursday, April 8th, 1926.
The Senate met pursuant to adjournment, at 11:00 o'clock A. M., this day, and was called to order by the President.
Prayer was offered by Rev. Irby Henderson of College Park.
Senator Maddox of the 26th asked unanimous consent that the calling of the roll be dispensed with, and the consent was granted.
Senator McKenzie of the 48th asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.
The Journal was confirmed.
Senator Sapp of the 43rd asked unanimous consent that Senate Bill No. 14 be taken from the table and restored to its place on the calendar.
There was an objection, and the consent was not granted.
Senator Sapp of the 43rd moved that Senate Bill No. 14 be taken from the table, and restored to its place on the calendar.

252

JouRNAL OF THE SENATE,

On the motion of Senator Sapp of the 43rd, the Ayes were 14 and the Nays 18.

The motion was, therefore, lost.

Senator Maddox of the 26th asked unanimous consent that the Committee on the University of Georgia be permitted to retire to the Committee Room for a few minutes to make disposition of some matter before the Committee, and the consent was granted.

The President called for the reports of standing Committees:

Mr. Maddox of 26th District, Chairman of the Committee on University of Georgia and Its Branches, submitted the following report:

Mr. President:
Your Committee on University of Georgia and Its Branches have had under consideration the following House Bill No. 23 and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.

Maddox of 26th, Chairman.

Mr. Knight of 6th District, Chairman of the Committee on Education, submitted the following report:

Mr. President:
Your Committee on Education have had under consideration the following Bills and Resolutions of the House and Senate, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:

THURSDAY, APRIL 8, 1926.

253

By Mr. Knight of 6th-
Senate Bill No. 21. To amend an Act to codify school laws in compliance with provision of the Act to empower State Superintendent of Schools, Attorney General, the Chairman of Senate and House Committees on Education to codify the school laws.

By Parish and Brunson of Bulloch-
House Resolution No. 5. To authorize the Georgia Normal School to borrow money.

By Mr. Knight of 6th-
Senate Bill No. 20. To authorize Board of Trustees of local school districts levying a local school tax to borrow sufficient money to pay for operation of said school. To provide terms under which money may be borrowed, the method of repaying the same, that no board of trustees of any local school district shall borrow an amount in excess of the local tax collected in the local school district.
Respectfully submitted, P. T. Knight 6th Dist., Chairman.
J. B. Clements, Secretary.

Mr. Foster of 28th District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President:
Your Committee on Special Judiciary have had under consideration the following Resolution of the House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Resolution No. 24. Relieving R. R. Tucker and others as sureties on a bond.
Foster, Chairman.

254

JouRNAL oF THE SENATE,

Mr. Boykin of 37th District, Vice Chairman of the Committee on Finance submitted the following report:

Mr. President:
Your Committee on Finance have had under consideration the following House Bill No. 62 and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Boykin 37th, Vice Chairman.

Mr. Memory of 46th District, Chairman of the Committee on Highways, submitted the following report: Mr. President:

Your Committee on Highways 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 not pass:

By Mr. Morgan of 1st and othersSenate Bill No. 19. To reorganize and reconstruct the
State Highway Department of Georgia. Respectfully submitted, Memory, Chairman.
J. B. Clements, Secretary.

Mr. Dixon of 17th District, Chairman of the Committee on Amendments to the Constitution submitted the following report:

Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following Bills of the Senate and have instructed me as Chairman, to report the

THURSDAY, APRIL 8, 1926.

255

same back to the Senate with the recommendation that the same do pass:

By Mr. Hendricks of 35th and others-
Senate Bill No. 15. To amend Constitution by striking Par. 1, Sec. 2, Art. 7, and substituting a new paragraph 1. Authorizing the classification of intangibles for taxation.

By Mr. Knight of 6thSenate Bill No. 17. To amend Par. 1, Sec. 4, Art. 8, on
the subject of educational taxation. Do pass by substitute. Respectfully submitted, J. A. Dixon, Chairman. By J. R. Hutcheson, Vice Chairman.
J. B. Clements, Secretary.

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

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

By Mr. Dixon of the 17th-
Senate Bill No. 5. A Bill to amend the charter of the City of Millen, Georgia.

By Mr. Sapp of the 43rd-
Senate Bill No. 10. A Bill to provide for domestication of foreign Corporations.

The following House Bill and Senate Bill, favorably reported, were read the second time, and recommitted:

256

JouRNAL OF THE SENATE,

By Senator Memory of the 46th-
Senate Bill No. 22. A Bill to eliminate railroad grade crossings on the State Road System; and for other purposes.

By Mr. Harris of Jefferson-
House Bill No. 6. A Bill to empower all municipal corporations heretofore or hereafter incorporated by the General Assembly to establish a general system of registration of voters.

The following House Bills and Senate Bills, favorably reported, were read the second time :

By Messrs. Jones of Meriwether and Harris of Jefferson-
House Bill No. 62. A Bill to amend an Act providing for an occupation tax on dealers in cigars and cigarettes.

By Messrs. Hines and Riley of Sumter-
House Bill No. 23. A Bill to establish as a branch of the University of Georgia a normal school to be located at Americus, Georgia.

By Senator Knight of the 6th (by request)-
Senate Bill No. 21. A Bill to amend an Act to codify the school laws of Georgia in compliance with the provisions of the Act entitled: An Act to empower the State Superintendent of Schools, etc., to codify the school laws.

By Senator Knight of the 6th-
Senate Bill No. 20. A Bill to authorize and empower the board of trustees of local school districts levying a local school tax to borrow sufficient money, and no more, to pay for the operation of said schools, etc.

THURSDAY, APRIL 8, 1926.

257

The following House Bills and House Resolutions, and Senate Bill were read the third time and put upon their passage:

By ::\Ir. Tucker of Berrien-
House Bill No. 73. A Bill to amend the charter of the City of Nashville, to provide for paving, etc.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill the Ayes were 31 and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

By Mr. Lankford of Toombs-
House Bill Xo. 66. A Bill to amend an Act providing for voting of bonds in City of Vidalia, and for a system of public schools.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill the Ayes were 30 and the Nays 0.
The Bill lwviug received the requisite Constitutional majority was passed.

By :Messrs. Palmour and Xewton of Hall-
House Bill X o. 69. A Bill to amend the charter of Gainesville relative to an Industrial and Publicity Board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill the Ayes were 26 and the Nays 0.

258

JouRXAL OF THE SENATE,

The Bill having received the requisite Constitutional majority was passed.

By Senators Harrell of the 12th and Hutcheson of the 39th-
Senate Bill No. 13. A Bill to require confirmation by the Judges of the Superior Courts of this State of all sales of real estate or any interest in land when sold at public outcry under any judgment, decree, or mortgage foreclosure issued from any of the courts of this State, or when sold by an executor or administrator, or under any power of sale.

Senator Sapp of the 43rd offered the following Amendment to Senate Bill No. 13:
By Senator Sapp of the 43rd-
Amendment to Senate Bill No. 13. Amend by including the following Section immediately preceding the repealing clause: "Section : Be it further enacted by the authority aforesaid, that Justices of the Peace in the State of Georgia have the same rights of confirmation, in their respectiYe districts, relative to. sale of personalty as hereinbefore conferred upon Superior Court Judges, subject to like formality and procedure."

Senator Cole of the 42nd moved the previous question, on the Bill and the Amendment; the motion prevailed, and the main question was ordered.

On the adoption of the Amendment to Senate Bill No. 13, the Ayes were 7, and the Nays 18.

The Amendment was, therefore, lost.

rrhe report of the Committee, which was favorable to thr passage of the Bill, was agreed to.

THURSDAY, APRIL 8, 1926.

259

Senator Harrell of the 12th called for the Ayes and Nays, and the call was sustained.

On the call of the roll, the vote was as follows: Affirmative-

Andrews, E. E. Bell, W. L. Harrell, G. Y. HughPs, H. L. D.
1\egative-

Hutcheson, J. H.. Memory, S. Forster McGregor, J. lVI. D.

Peacock, J. P. Peebles, I. S., Jr. Rountree, Dr. A. M.

Boykin, Shirley C. Clements, J. B. Clifton, J. D. Coil', E. D. ColP, R. D. Dixon, J. A. Foster, A. G. GuPss, Carl N. Haye,;, \\". C. H~>ndrix, \Y. C.

Johnson, L. F. Knight, P. T. Luttrell, J. A. Maddox, A. K. Matthews, Dr. Joe I. Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. :VIcKenzie, C. l\1.

Neal, Benj. F. Owen, C. F. Parker, Jos. H. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Sapp, W. M. Thompson, J. N. B. Wilkerson, Rev. H. B.

On the passage of the bill the Ayes were 10 and the Nays ~9.

The Bill having failed to receive the requisite Constitutional majority, was lost.

By Mr. Lewis of Hancock-
House Resolution ~o. 24. A Resolution relieving R. R. Tucker as principal and R. C. Tucker and others as sureties on a bond.
The report of the Committee, which was favorable to the passage of the Resolution, was agreed to.
On the passage of the Resolution, the Ayes were 31 and the :Xays 0.
The Resolution having received the requisite Constitutional majority was passed.

260

JouRNAL OF THE SENATE,

By Messrs. Jones and Smith of Meriwether-
House Bill ~o. 65. A Bill to repeal Section 1537 and Section 1539 of the Code of 1910 and to substitute in lieu thereof a Section to be numbered 1537, relative to levying a local tax for educational purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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

Affirmative-

Bell, W. L. Boykin, Shil'iey C. Clary, E. D. Clements, J. B. Clifton, J.D. Cole, R. D. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y. Hayes, W. C. Hendrix, W. C. Hutcheson, J. R.

Knight, P. T. Lut.trell, J. A. Matthews, Dr. Joe I. l\Iemory, S. Forster Morgan, S. H. Moye, R. L.1\IcGregor, J. M. D. McKenzie, C. i\-1. Neal, Benj. F. ~Ol'llltLn, R. L. Owen, C. F. Parker, Jos. H. Peebles, I. S., Jr.

. Perkins, R. 0. Pkkrcn, T. L. Pruett, J. F. Ricketson, Dr. I'. B. Rountree, Dr. A. 1.\1. Sapp, W. M. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Re,. H. B.
:v1 r. Presid<>n t

On the passage of the Bill, the Ayes were :~7 and the Nays 0.

The Bill having received the requisite Constitutional majority was passed.

The following Resolution was read:

By Senator Peebles of the 18th, and other.s-
Senate Resolution Xo. 7. "Be it Resolved by the Senate of Georgia, the House of Representatives concurring, that the General Assembly do adjoum Sine Die at Noon on Friday, April 9th, 1926. ''

THURSDAY, APRIL 8, 1926.

261

Senator Sapp of the 43rd moved that Senate Resolution No.7 be referred to the Committee on Rules.
Senator Knight of the 6th made the point of order that Resolution Xo. 7 being a privileged joint resolution it could not be committed.
The point was sustained.

Senator Harrell of the 12th moved that the Senate do now adjourn.
The motion was lost.

Senator Knight of the 6th called for the Ayes and Nays on the adoption of Senate Resolution No. 7; and the.call was sustained.
On the adoption of Senate Resolution No. 7, the vote was as follows:

Affirmative-
Andr!'ws, E. E. Bell, W. L. Boykin, Shirley C. Carswell, Dr. H. J. Clary, E. D. Cole, R. D. Collier, J. C. Dixon, J. A. Foster, A. G. Guess, Carl N. Hayes, \\".C. Hendrix, W. C.

Hur;hes, H. L. D. Hutchffion, J. R. Johnson, L. F. Knight, P. T. Luttrell, J. A. :\hddox, A. K Matthews, Dr. Joe I. :\Iemory, S. Forster MoyP, R. L. McGregor, J. M. D. MeKenzi<", C. !\I. Neal, B<"nj. F.

1'\orman, R. L. Parker, Jos. H. Peacock, J.P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Rountree, Dr. A. M. Bapp, W. M. Thompson, J. N. B.

Negative-

Clifton, J. D. Cole, E. D.

Harrell, G. Y. :\Iorr;:tn, S. H.

Wellborn, Dr. E. C. Wilkerson, Rev. H. B.

On the call of the roll the Ayes were 37 and the Nays 7.

Senate Resolution No.7 was, therefore, adopted.

262

JouRNAL oF THE SEXATE,

Senator Boykin of the 37th asked unanimous consent
that Senate Resolution No. 7 be immediately transmit-
ted to the House.

There was au objection, and the consent was not granted.

Senator Harrell of the 12th moved that the Senate reconsider its action on the adoption of Senate Resolution No.7.

The hour of adjournment having arrived, the President declared the Senate adjourned until to-morrow, at 10:00 o'clock A.M.

FRIDAY, APRIL 9, I92u.

263

TWENTY-SECOND DAY.

Senate Chamber, Friday, April 9th, 1926.

The Senate met pursuant to adjournment at 10:00 o'clock A. M., this day, and was called to order by the President.

Prayer was offered by Rev. Irby Henderson of College Park.

Sen~tor Hughes of the 21st asked unanimous consent

that the calling of the roll be dispensed with, and the con-

seut was ~!ranted.



Senator Sapp of the 43rd asked unanimous consent that the reading of the .Tournal of yesterday's proceedings be dispensed with, and the consent was granted.

The .Tournal was confirmed.

The President called for the reports of standing Committees:

IVIr. Memory of 46th District, Vice Chairman of the Committee on the Special .Judiciary, submittPd the following report:

1\fr. President:
Your Committee on Special .Tudiciary have had under consideration the following Bill of the House of Representatives and h~:n-e instructed me as Chairman, to report

264

JouRXAL OF THE SE:'<ATE,

the same back to the Senate with the recommendation that the same do pass:
House Bill ~o. 6. To provide for registration of voters in municipalities.
Memory, Vice Chairman.

Mr. 1\Iemory of 46th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways 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:
Senate Bill Xo. 22. To elimina tc grade crossings on the State Road system and for other purposes.
l\1emory, Chairman.

Senator Guess of the 34th asked unanimous consent that Senate Bill K o. 4 be taken from the table and restored to its place on the calendar.

There was an objection, and the consent was not granted.

Senator Knight of the 6th asked unanimous consent that the order of business for the day be changed.

The President ordered Rule l\ o. 36 to be read, and the Secretary read the following rule:
''Rule 36. Every motion or request to take up general bills or resolutions out of their regular order and every motion or request for special orders shall be submitted in writing and reported upon by the Committee on Rules before being submitted to the Senate."

FRIDAY, APRIL 9, 1926.

265

Senator Harrell of the 12th offered the following Resolution:
Resolved, that Senate Bill No. 17 and such other important measures now pending in the Senate be set for immediate hearing and the Rules Committee js hereby requested to meet and fix the calendar and to report to the Senate as soon as they can formulate the calendar for this morning.

On the adoption of the Resolution, the Ayes were 23 and the Nays 4.

The Resolution was, therefore, adopted.

The following message was received from the House through l!fr. )loore, the Clerk thereof:

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

By "Messrs. Lawton, Denmark and Alexander of Chatham-
House Bill No. 79. A Bill to amend the several Acts relating to and incorporating the Town of Warsaw in Chatham County.

By ~Iessrs. Head and Camp of Cobb-
House Bill Xo. 77. A Bill to amend an Act to amend the Charter of the town of Aeworth.

By ~Ir. :\Iallard of Charlton-
Homw Resolution ~o. 44. A Resolution providing for President of Senate, Speaker of Hom;e, Secretary of Senate and Clerk of House and their Secretaries and the

266

JOURNAL OF THE SENATE,

Postmistress to remain here for fiye days after adjournment to finish up the business of the General Assembly.

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

l\Ir. President:
The House has agreed to the Senate Amendment to the following- Bill of the House, to-wit:
By :Messrs. Griffin of Decatur, Hooper of Fulton and others-
House Bill Xo. 21. A Bill to amend an Act creating a Service Bureau.

Senator Harrell of the 12th asked unanimous consent that the Senate recess at this time, in order that the Committee on Rules arrange a calendar for the day.

The consent was granted, and the President declared a recess subject to the call of the Chair.

The Senate re-convened at 10:50 o'clock A.M., and was called to order by the President.

The report of the Committee on Rules, which was authorized to establish the order of business for the day, offered the following report, which was adopted.
All House Bills and House Resolutions and all Senate Bills and Senate Resolutions that are ready for a third reading and passage shall be taken up at this time, in the following manner. House Bills and House Resolutions first to he followed hy Senate Bills and Senate Resolutions.
The following House Bills were read the first time and referred to Committees:

FRIDAY, APRIL 9, 1926.

. 267

By :Messrs. Lawton, Denmark and Alexander of Chatham-
House Bill Xo. 79. A Bill to amend the several Acts relating to and incorporating the town of \Varsaw in Chatham County.
Referred to Committee on Corporations.

By Messrs. Head and Camp of Cobb-
House Bill No. 77. A Bill to amend an Act to amend the charter of the town of Acworth.
Referred to Committee on Corporations.

The following House Resolution was read and adopted:
By Mr. :\[allanl of Charlton-
House Resolution 1\o. 44. A Resolution providing for President of Senate, Speaker of House, Secretary of Senate and Clerk of House, and their Secretaries, and the Postmistress, to remain here for five days after adjournment, to finish up the business of the General Assembly.

The following House Bills and House Resolutions were read the third time and put upon their passage:

By :l\Iessrs. Jones of :\Ieriwether and Harris of Jefferson-

House Bill No. 6~. A Bill to amend an Act levying a

tax upon dealers in cigarettes and cigars, providing for

collection of said tax, etc.



The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill tlw Ayes were :n and the
-:Jays 0.

The Bill having receind the requisite Constitutional majority was passed.

268

JouRNAL oF THE SENATE,

By Mr. Harris of Jefferson-
House Bill Xo. 6. A Bill to empower all municipal corporations to make provision for a general system of registration of voters.
The report of the Committee, which was favorable to the passage of the Bill, was not agreed to.
The Bill was, therefore, lost.

By l\fessrs. Parrish and Brinson of Bulloch-

Honse Resolution ::Jo. 5. A Resolution authorizing the Georgia 1\ormal School to borrow money.

The report of the Committee, which was favorable to the passage of the Resolution, was agreed to.

Senator Sapp of the 43rd moved the previous question; the motion prevailed and the main question was ordered.
Senator Andrews of the 31st called for the Ayes and Xays, and the call was sustained.
On the call of the roll the vote was as follows: Affirmatin-

Bell, W. L. Boykin, ShiriPy C. Carlis!f', Ira Carswell, Dr. H. J. CIPmPnt.s, J. B. Clifton, J. D. Dixon,.J. A. FostPr, A. G. Guess, Carl ~. Harrell, G. Y.
Negative-

Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. :Matthews, Dr. Joe I. :\1emory, S. Forster :\'liller, A. L. :\!organ, S. H. :\1cGregor, J. :\I. D. McKenzie, C. :\I.

Neal, BPnj. F. Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr. Pickren, T. L. Pruett, J. F. RountnP, Dr. :\. i\I. Wilkerson, l{p,_ H. B.

Andrews, E. E. Carr, Milton B. Clary, E. D. Cole, E. D. Co!P, R. D.

Collier, J. C. DeLaPerrierc, H. P. Knight, P. T. Luttrell, J. A. :\laddox, A. K.

Moye, R. L. OwPn, C. F. Ricketson, Dr. F. B. Sapp, W. l\1. Thompson, .J. X. B.

FRIDAY, APRIL 9, 1926.

269

On, the passage of the Resolution, the Ayes were 28 and the N"ays 15.
The Resolution having received the requisite Constitutional majority was passed.

Senator Maddox of the 26th stated that at the proper time he would ask the Senate to re-consider its action in passing House Resolution No. 5.

By l\Iessrs. Hines and Riley of Sumter-
House Bill X o. 23. A Bill to establish, organize and maintain as a branch of the University of Georgia a normal school to be located at Americus, Georgia.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

Senator l\Iaddox of the 26th offered the following Amendment:
By Senator .Maddox of the 26th-
Amendment to House Bill No. :23. Amend House Bill No. 23, by adding.to caption thereof, the following words: ''To create and change each and every District A. & M. school, not heretofore changed, to a normal school, to provide for course of study therein; to provide for a board of trustees thereof and to include therein the present plant, equipment, etc., of the respective A. & ~f. school," and amend Section :2 thereof, by inserting, after the words: ''mechanical school'' in line three, the following words: ''and each and every District A. & "}f. School, except the ones located at Tifton, Georgia, and Statesboro, Georgia," a1icl further amend by adding to said Bill the following, after and wherever the word ''Third District'' occurs: ''and each and every District A. & l\I. School in the State of Georgia, except the one at Statesboro, Georgia, and Tifton, Georgia.''

270

JouRXAL oF THE SENATE,

Senator K1iight of the 6th moved the previous question on the Bill and amendment.

Senator Andrews of the 31st moved that the Senate do now adjourn untill\ionday morning, April 13th.

Senator Harrell of the 12th offered, as a substitute for the motion of Senator Andrews of the 31st, a motion that, irrunediately following the action of the Senate on Housb Bill No. 23, the Senate do adjourn untill\ionday morning, April 12th.

Senator Andrews of the 31st moved that the Senate do now adjourn until 11:00 o'clock, Tuesday morning, April 13th.
Senator Harrell of the 12th rose to the point of order that Senator Andrews' discussion was not in keeping with his motion. The point was sustained.

The following message was received from tl}e House through l\ir. Moore, the Clerk thereof: Mr. President:
The House has adopted the followingResolution of the House, to-wit:
By Messrs. Dykes of Dooly, Mr. Harris of Jefferson and Neill of 1\'Iuscogee-
House Resolution No. 42. A Resolution providing for Sine Die adjournment of the General assembly at one o'clock P. l\L on Thursday, April15, 1926.

Senator Knight of the 6th arose to the point of order that the Senate is now engaged in other business and therefore, the motions to adjourn to a time designate were not in order.
The point of order was not sustained.

FRIDAY, APRIL 9, 1926.

271

Senator Harrell of the 12th moved that, after the disposition of the rnatter on the Secretary's desk, the Senate do adjourn until Monday morning, April 12th, at 11:00 o'clock.

On the motion of Senator Harrell of the 12th, the Ayes were 16 and the Nays 18.

The motion was, therefore, lost.

Senator Sapp of the 43rd arose to the point of order that the hour of adjournment had arrived.

The President declared the Senate adjourned until tomorrow morning at 10:00 o'clock.

272.

JouRNAL oF THE SENATE,

TWENTY-THIRD DAY.

Senate Chamber, Saturday, April lOth, 1926.
The Senate met pursuant to adjournment at 10:00 o'clock, A. M., this day, and was called to order by the President Pro Tem.
Prayer was offered by Rev. lrby Henderson of College Park.
Senator Carlisle of the 7th asked unanimous consent that the calling of the roll be dispensed with, and the motion was granted.
Senator Peebles of the 18th asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.
Senator Wilkerson of the 49th moved that the Senate reconsider its action in adopting House Resolution No.5.
The motion was lost.
The Journal was confirmed.
By unanimous consent, the following Senate Bill and Senate Resolution were introduced and read the first time: By Senator Dixon of the 17th-
Senate Bill No. 23. A Bill to arp.end Section 2823 of the

~ATURDAY, APRIL 10, 1926.

273

Code of Georgia, iu regard to the manner in which Superior Courts of this State shall grant charters to corporations; and for other purposes.
Referred to Committee on Constitutional Amendments.

By Senator Peebles of the 18th (by Request)-
Senate Resolution No. 8. A Resolution for the appointment by the Governor of a Commission to consider the laws of this State as to domestic corporations, and as to treatment of foreign corporations, and providing the duties thereof.

Ordered to lay over one day.

Senator Carlisle of the 7th moved that the Senate do now adjourn until l\Ionday morning, April 12th, at 11:00 o'clock, and the motion prevailed.

The President Pro Tem declared the Senate adjourned until Monday morning, April 12th, at 11:00 o'clock.

274

JouRNAL OF THE SENATE,

TWEXTY-FIFTH DAY.

Senate Chamber, 1\Ionday, April 12th, 1926.

The Senate met pursuant to adjournment at 11:00
o'clock A. M., this day, and was called to order by the
President Pro Tem.

Prayer was offered by Rev. H. C. Brewton

Senator Knight of the 6th asked unanimous consent that the ealling of the roll be dispensed with.

There was an objection; and the consent was not granted.

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

Bell,\\'. L. Boykin, ShirlPy C. Carlisle, Ira Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Dixon, J. A. Guess, Carl ).J. Harrell, G. Y. Hendrix, " .. C. Hughes, H. L. D.

Hut.cheson, J. R. Johnson, L. F. Knight, P. T. :\Iemory, S. Forster :\Iiller, A. L. :\forgan, S. H. :\1oye, R. L. McGregor, J. M. D. McKenzie, C. M. Neal, Benj. F. ="orman, R. L. Parker, Jos. H.

Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. l::iapp, \\'. M. l::itevens, C. 0. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B. :\Ir. President

Senator Hughes of the 21st asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.

MONDAY, APRIL 12, 1926.

275

The Journal was confirmed.

Senator Memory of the 46th asked unanimous consent that Senate Bill Xo. 23 and House Bills ~umbers 77 and 79 be withdrawn from the Committees, read the second time, and recommitted, and the consent was granted.

The following Senate Bill and House Bills were withdrawn from the Committees, read the second time andrecommitted:
By Senator Dixon of the 17th-
Senate Bill No. 23. A Bill to amend Section 2823 of the Code of Georgia, in regard to the manner in which Superior Courts of this State shall grant charters to corporations; and for other purposes.

By ~Iessrs. Head and Camp of Cobb-
House Bill Xo. 77. A Bill to amend the charter of the town of Acworth.

By Messrs. Lawton, Denmark and Alexander of Chatham.
House Bill No. 79. A Bill to amend Acts of General Assembly of 1921, relating to and incorporating town of vVarsaw, in Chatham County.

The following House Bill was read the third time, April 9th, and taken up as unfinished business and put upon its passage:
By Messrs. Hines and Riley of Sumter-
House Bill Ko. 23. A Bill to establish, organize and maintain, as a branch of the University of Georgia, a normal school, at Americus, Georgia.

Senator Knight of the 6th called for the previous question, and the call was sustained.

276

JoURNAL OF THE SENATE,

The Amendment offered by Senator l\Iaddox of the 26th was lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill the Ayes were 30 and the Xays 0.
The Bill having received the requisite Constitutional majority was passed.

Senator Hutcheson of the 39th moved that the Senate take up House Resolution Xo. 42 for consideration, at this time, and the motion prevailed.
By Messrs. Dyk~s of Dooly, Harris of Jefferson and Neill of l\:Iuscogee-
House Resolution Xo. 42. A Resolution providing for Sine Die adjournment of the General Assembly at 1:00 o'clock P. l\:I., on Thursday, April 15th, 1926.
Senator Boykin of the 37th, Hutcheson of the 39th, and :Moye of the 11th offered the following Amendment to House Resolution No. 42:
"Be it Resolved, by the Senate, the House concurring, That the House Resolution to adjourn Sine Die be amended as follows: By striking the word: "Friday, April 15th," wherever they appear in the Resolution, or amendment, and inserting, in lieu thereof: "l\1onday, April 12th, 1926, at 1:00 o'clock P. ),1." and by further adding that the Clerk of the Senate he and is hereby instructed to immediately transmit the Resolution and all amendments immediately to the House of Representatives of the State of Georgia.''
Senator Boykin of the 37th called for the previous question on the Resolution and all Amendments.
The call was sustained.

Mo~DAY, APRIL 12, 1923.

277

On the adoption of the Amendment, Senator Harrell of the 12th called for the Ayes and ~ays and the call was sustained.
..
The roll call was ordered, and the Yote was as follows:

Affirmatin-
Boykin, Shirley C. Carswell, Dr. H. J. Collier, J. C. Hutcheson, J. R. Memory, S. Forster
Xegative-
Bell, W. L. Carlisle, lrP Clary, E. D. Clements, J. B. Clifton, J. D. Dixon, J. A.

~!organ, S. H. !\Ioye, R. L. :"'eal, Benj. F. Parker, Jus. H. Peebl<'s, I. S., Jr.
Foster, A. G. Guess, Carl N. Harrell, G. Y. Hughes, H. L. D. Knight, P. T. ~1cGregor, J. M. D.

Perkins, R. 0. Pruett, J. F. Thompson, J. X. B.
McKenzie, C. ~I. Norman, R. L. Peacock, J. P. Pickren, T. L. Sapp, W. :M. vVilkerson, Rev. H. B.

On the adoption of the Amendment, the Ayes were 13 and the .Nays 18.

The Amendment was, therefore, lost.

On the adoption of the Resolution the Ayes were 18 and the Xays 13.

The Resolution was, therefore, adopted.
Senator Hutcheson of the 39th moved that the Senate do now adjourn until 11 :00 o'clock to-morrow morning.

On the motion to adjourn, Senator Harrell of the 12th called for the Ayes and ~ays, and the call was sustained.

On the call of the roll, the vote was as follows:

278

JouRXAL OF THE SE~ATE,

AffirmatiYe-

Boykin, Shirley C. Carswell, Dr. H. J. Clary, E. D. Collier, J. C.
1\eg-ative-

Morgan, S. H. l\Ioye, R. L. Xeal, Betlj. F.

Parker, .Jos. H. Peebles, I. S., Jr. Thompson, J. ~- B

Bell, W. L. Carlisle, Ira Clements, J. B. Clifton, J. D. Dixon, J. A. Foster, A. G. Guess, Carl X.

Harrell, G. Y. Hughes, H. L. D. Knight, P. T. Memory, S. Forster ;\!iller, A. L. McGregor, .J. l\L D. ;\IcKenzie, C. ;\I.

Norman, H. L. Peacock, .J. P. Perkins, R. 0. Pickren, 1 . L. Pruett, J. F. Sapp, W. :\1. WilkPrson, Rev. H. B.

On the motion to adjourn, the Ayes were 10 and the Xays 21.

The motion was, therefore, lost.

Senator Knight of the 6th asked unanimous consent that action on Senate Bill 1\o. 17 be postponed, and the consent was granted.

Senator Peebles of the 18th mond that the Senate do now adjourn.

Senator Foster of the 28th inquired if there was any unfinished business on the Secretary's desk.

The Secretary stated that there was none.

On the motion to adjourn, Senator Harrell of the 12th called for the Ayes and Nays and the call was sustained.

On the call of the roll, the Yote was as follows:

Affirmati Ye-

Boykin, Shirley C. Carswell, Dr. H . .J. ColliPr, J. C. Huteheson, J. R.

:.\Iorgan, t>. H. Moye, R. L. Neal, BPnj. F.

ParkPr, .Jos. H. Peebles, I. S., .Jr. Thompson, J. X. B.

MoNDAY, _\PRIL 12, 1926.

279

Xeg-ative-

Bell, W. L. Carlisle, Ira Clary, E. D. Clements, J. B. Clifton, J. D. Dixon, J. A. Foster, A. G.

Guess, Carl N. Harrell, G. Y. Hughes, H. L. D. Johnson, L. F. Knight, P. T. :\-Icmory, S. For:;ter :Hiller, A. L. :\JcGregor, J. l\L D.

l\IcKcnzie, C. :u.
Norman, R. L. Peacock, J. P. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Sapp, \V. M. Wilkerson, Rev. H. B.

On the motion to adjourn, the Ayes were 10 and the Xays 23.

The motion was, therefore, lost.

The followiug Seuate Bill was read the third time and put upon its passage:

Senate Bill Xo. 20, by Senator Knight of the 6th-
A Bill to authorize and empower the Board of trustees of local school districts levyiug a local school tax to borrow sufficient money, and no more, to pay for the operation of said school, etc.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, Senator Knight of the 6th called for the Ayes and Xays, and the call was sustained.

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

Bell, W. L. Carlisle, Ira Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Dixon, J. A. Foster, A. G. Guess, Carl N. Harrell, G. Y.

Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. MPmory, S. Forster MillPr, A. L. :\forgan, S. H. :\ioy<', R. L. :\IcGr<>gor, J. :\I. D. l\lcKenzie, C. l\L

Xeal, Benj. F. Xorman, R. L. Parker, Jos. H. Peacock, J. P. PeeblPs, I. S., Jr. PPrkins, R. 0. Pickren, T. L. Pruett, J. F. Sapp, W. M. Thompson, J. N. B. "'ilk<>rson, Rev. H. B.

280

JouRXAL OF THE SEXATE,

On the passage of the Bill the Ayes were 31 and the Nays 0.

The Bill having receiYed the requisite Constitutional majority was passed.

Senator Knight of the 6th asked unanimous consent that Senate Bill .No. 20 be immediately transmitted to the House, and the consent was granted.

Senator Morgan of the 1st moved that the Senate do now adjourn.

Senator Harrell of the 12th offered, as a substitute motion, that when the Senate adjourns to-day, it will stand adjourned until 3:00 o'clock, P. ~I., this day.

Senator Knight of the 6th made the point of order that a simple motion to adjourn was not debatable apd cannot be amended, and the point was sustained.

On the motion to adjourn, Senator Harrell of the 12th called for the Ayes and Nays, and the call was sustained.

On the call of the roll, the vote was as follows:

Affirmatin-

Boykin, Shirley C. Carswell, Dr. H. J. Clary, E. D. ColliPr, J. C.

Foster, A. G. Hutcheson, J. R. Johnson, L. F. l\Iorgan, S. H.

lVIoye, R. L. ParkPr, Jos. H. Peebles, I. S., Jr. Thompson, J. X. B.

Negative-
Bell, W. L. Carlisle, Ira Clements, J. B. Clifton, J. D. Dixon,J. A. Cul'ss, Carl N. HarrPII, G. Y.

Hughes, H. L. D. Knight, P. T. Memory, S. Forster 1\Iiller, A. L. McGregor, J. M. D. 1\IrKenzin, C. M. Nt-al, Benj. F.

Korman, R. L. Peacock, J. P. Pl'rkins, H.. 0. Pickr<'n, T. L. Pruett, .J. F. Happ, W. l\l. \\'ilk<'rson, H<'v. H. B.

MoxnAY, APRIL 12, 1926.

281

On the motion to adjoum, the Ayes were l 2 and the Nays 21.
The motion was, therefore, lost.

Senator Harrell of the 12th moved that when the Senate adjourns to-day it will -stand adjourned until 3:00 o'clock, P. M., this day.

On the motion to adjourn until 3 o'clock to-day Senator l\Ioye of the 11th called for the Ayes and Nays, and the call was sustained.

On the call of the roll, the vote was as follows: Affirmative-

Bell, W. L. Clements, J. B. Clifton, J. D. Harrell, G. Y. Hughes, H. L. D. Knight, P. T.
Kegative-

:\1emory, S. Forster Miller, A. L. McGregor, J. l\1. D. McKenzie, C. :\I. Neal, Benj. F. Norman, R. L.

ParkPr, .Jos. H. Peacock, J. P. Perkins, R. 0. Pickrm, T. L. Pruett, .J. F. WilkPrson, Rev. H. B.

Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H. J. Clary, E. D. Collier, J. C.

Dixon, J. A. Foster, A. G. Guess, Carl N. Hutcheson, J. R. Johnson, L. F.

Morgan, S. H. Moye, R. L. PeeblPs, I. S., Jr. Thompson, J. N. B.

On the motion to adjourn until 3 o'clock to-day the Ayes were 18 and the Nays 14.

The motion prevailed.

The following message was received from the House through Mr. :Moore, the Clerk thereof:
l\fr. President:
The House has passed by the requisite Constitutional majority the following Bills and Resolutions of the House to-wit:

282

JouRNAL oF THE SENATE,

By Mr. Vaughn of Rockdale-
House Bill Xo. 27. A Bill to appropriate the increased salary of the assistant commissioner of commerce and labor from August 27, 1925, to December 31, 1925.

By Mr. Barrett of Stephens-
House Resolution No. 30. A Resolution to make appropriations to meet deficiency in the general printing fund for 1926.

The following message was received from the House through Mr. l\'Ioore, the Clerk thereof:

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

By l\fr. "McCluney of Baldwin-
House Bill No. :36. A Bill to fix the fee of two dollars per capita, per annum to be paid to the Ordinaries of the State for services in connection with Confederate penswners.

The following House Bills and House Resolution were read the first time and referred to Committees:

By Mr. Vauglm of Rockdale-
House Bill Xo. :27. A Bill to appropriate the increased salary of the Assistant Commissioner of Commerce and Labor, from August 27, 1925, to December 31st, 1925.
Referred to Committee on Appropriations.

By "Mr. -:\IcCluney of BaldwinHouse Bill No. 36. A Bill to fix the fee of $2 per capita,

l\10!\DAY, APRIL 12, 1926.

283

per annum, to be paid to the Ordinaries of the State for services in connection \vith Confederate pensioners.
Referred to Committee on Appropriations.

By l\Ir. Barrett of Stephens-
House Resolution i\ o. :30. A Resolution to make appropriation to meet deficiencies in the General Printing Fund for 1926.
Referred to Committee on Appropriations.

The'following Senate Bills were read the third time and put upon their passage:

By Senator Knight of the 6th (by Request)-
Seuate Bill X o. 21. A Bill to amend an Act to codify the school laws of Georgia, in compliance with the provisions of an Act entitled an Act to empower the State Superintendent of Schools, etc., to codify the school laws.
'l'he report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, Senator Knight of the 6th calied for the Ayes and Nays and the call was sustained.
On the call of the roll, the vote was as follows:
Affinnative-

Bell, \Y. L. Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H ..J. Clary, E. D. Clements, J. B. Clifton, J. D. Collier, J. C. Dixon, J. A. Foster, A. G.

Guess, Carl ~. Harrell, G. Y. Hutcheson, J. R. Johnson, L. F. Hugh~, H. L. D. Knight, P. T. Memory, S. Forster Miller, A. L. Moye, R. L. MeGregor, J. M.D.

McKenzie, C. M. Neal, Benj. F. Norman, R. L. Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Sapp, W. M. Wilkerson, Rev. H. B.

284

JOURXAL OF THE RENATE,

Negative-
Thompson, J. N. B.

On the passage of the Bill, the Ayes were 31 and the Nays 1.

The Bill having received the requisite Constitutional majority was passed.

Senator Knight of the 6th asked unanimous consent that Senate Bill No. 21 be immediately transmitted to the House, and the consent was granted.
By Senator Clements of the 45th, Harrell of the 1:2th and Peebles of the 18th-
Senate Bill Xo. 15. A Bill to amend the Constitution of Georgia, by striking therefrom Paragraph 1, Section 2, Article 7, and substituting in lieu thereof a new Paragraph 1, authorizing the classification and seg-regation of intangibles for taxation.
Senator Wilkerson of the 49th moved that Senate Bill No. 15 be tabled, and the motion prevailed.
By Senator Memory of th 46th-
Senate Bill No. 22. A Bill to eliminate grade crossings on the State Road System; and for other purposes.

Senator Harrell of the 12th moved that the Senate do now adjourn.

On the motion to adjourn, Senator Harrell of the 12th called for the Ayes and Nays, and the call was sustained.

On the call of the roll, the vote was as follows:

MoxnAY, APRIL 12, 1926.

285

Affirmative-
Bell, W. L. Carlisle, Ira Clary, E. D. Clifton, J. D. Harrell, G. Y.

Hughes, H. L. D. Memory, S. Forster McKenzie, C. M. Neal, Benj. F. Norman, R. L.

Perkins, R. 0. Pickren, T. L. Pruett, J. F. Wilkerson, Rev. H. B.

Negative-

Boykin, Shirley C. Carswell, Dr. H. J. Collier, J. C. Dixon, J. A. Foster, A. G. Guess, Carl N.

Hendrix, W. C. Hutcheson, J. R. Johnson, L. F. Knight, P. T. l\Iiller, A. L. Morgan, S. H.

Moye, R. L. McGregor, J. M. D. Peacock, J. P. Peebles, I. S., Jr. Sapp, W. M. Thompson, J. N. B.

On the motion to adjourn, the Ayes were 14 and the Nays 18.

The motion was, therefore, lost.

Senator Sapp of the 43rd moved that the Senate do now adjourn, until 11:00 o'clock to-morrow morning.

On the motion to adjourn, Senator Sapp of the 43rd called for the previous question.

The hour of adjournment having arrived, the Chair declared the Senate stands adjourned until 3:00 o'clock, P. M., this day.

Senate Chamber,
Monday, April l 2th, 1926.
3:00 o'clock, P.l\L The Senate reconvened at 3:00 o'clock, P. ~L, this day, and was called to order by the President Pro Tern.
Upon the call of the roll, the following Senators answered to their names:

286

JouRNAL oF THE SENATE,

Bell, W. L. Carlisle, Ira Dixon, J. A. Guess, Carl ~. Harrell, G. Y. Hughes, H. 1~. D.

Johnson, L. F. Knight, P. T. Memory, S. Forster Moye, R. L. :.\IcGregor, J. lVI. D. :\IcKenzie, C. M.

Neal, Benj. F. ~orman, R. L. Parker, Jos. H. Peebles, I. S., Jr. Perkins, R. 0. Pruett, J. F. Wilkerson, Rev. H. B.

Senator Carlisle of the 7th moved that the Senate do now adjourn.

On the motion to adjourn, Senator Harrell of the 12th called for the Ayes and Nays, and the call was sustained.

On the call of the roll, the vote was as follows:

Affirmative-
Carlisle, Im Collier, J. C. Dixon, J. A. Guess, Carl N. Hendrix, W. C.

Hughes, H. L. D. Hutcheson, J. R. Knight, P. T. Memory, S. Forster Moye, R. L.

:\IcKenzie, C. M. ~eal, Benj. F. Norman, R. L. Peacock, J. P.

Negative-
Bell, W. L. Clements, J. B. Harrell, G. Y.

McGregor, J. 1\L D. Parker, Jos. H. Peebles, I. S., Jr.

Pickren, T. L. Pruett, J. F. Wilkerson, Rev. H. B

On the motion to adjourn, the Ayes were 14 and the Nays 9.

The motion, therefore, prevailed.

The President Pro Tern, declared the Senate adjourned until 10:00 o'clock A. M., to-morrow.

TuESDAY, APRIL 13, 1926.

287

TWENTY-SIXTH DAY

Senate Chamber, Tuesday, April 13th, 1926.

The Senate met pursuant to adjournment, at 11:00 o'clock A. M., this day, and was called to order by the President ProTem.

Prayer was offered by Rev. Irby Henderson.

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

Bell, W. L. Boykin, Shirley C. Carlisle, Ira Clements, J. B. Clifton, J. D. Dixon, J. A. Foster, A. G. Harrell, G. Y. Ht>ndrix, W. C. Hu~hes, H. L. D.

Hutcheson, J. R. Johnson, L. F. Knight, P. T. Memory, S. Forster Middleton, D. S. l\Iiller, A. L. McGregor, J. l\i. D. Neal, Benj. F. Korman, R. L. Owen, C. F.

Parker, Jos. H. l'rebles, I. S., Jr. Pickren, T. L. Pruett, J. F. Rountree, Dr. A. 1\I. Sapp, \V. M. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B.

There being no quorum present, Senator Knight of the Sixth moved the call of the Senate, and the motion prevailed.

The President Pro Tem ordered the Secretary to read Senate Rule 100.

Senator Knight of the 6th insisted on Senate Rule 100.

The President Pro Tem, ordered the doorkeepers to close all doors to the Senate, and to allow no Senator to retire without first obtaining leave from the Senate.

288

JouRNAL OF THE SENATE,

Senator Boykin of the 37th asked unanimous consent that the Senate recess for thirty minutes at this time, subject to the call of the Chair.

Senator Harrell of the 12th objected, and the consent was not granted.

Senator Hutcheson of the 39th moved that the Senate recess at this time for thirty minutes, subject to the call of the Chair.

Senator Knight of the 6th arose to the point of order that, under Senate Rule Kumber 101, the roll call of the Senators had been ordered by the President, Pro Tem, and the motion to recess was therefore, out of order.

The point of order was sustained.

On the call of the Senate, under Senate Rule ~umber 101, the following Senators answered to their names:

Bell, W. L. Boykin, Shirley C. Carlisi!', Ira Clary, E. D. CIPments, J. B. Clifton, J. D. Col<', E. D. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G. Guess, Carl N.

Harrell, G. Y. Hendrix, Vi'. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Memory, S. Forster Middleton, D. S. Miller, A. L. McGregor, J. M. D. Neal, Benj. F.

Norman, R. L. Owen, C. F. Parker, Jos. H. Peebles, I. S., Jr. Pickr!'n, T. L. Pruett, J. F. Rountree, Dr. A. ~I. Happ, W. M. Thompson, J. N. B. W<>llborn, Dr. E. C.
Wilkerson, R!'Y. H. B.

On the call of the roll, the President Pro Tem stated that a quorum was present, and ordered the doorkeepers to open the doors.

Senator Hughes of the 21st asked unanimous consent that the readi11g of the Journal of yesterday's proceeding-s be dispensed with, and the consent was granted.

TuESDAY, APRIL 13, 1926.

289

The Journal was confirmed.

The President Pro Tern called for the reports of standing Committees.

Mr. Hendricks of 35th District, Vice Chairman of the Committee on Appropriations, submitted the following report:

Mr. President-
Your Committee on Appropriations have had under consideration the following Bills of the House and have instructed me as Vice Chairman, to report the same back to the Senate with the recommendation that the same do pass:

By Mr. Barrett of Stevens-
House Resolution No. 30. To make appropriation to meet deficiency in the general printing fund for the year 1926 and to make the same immediately available.

By Mr. McCluney of Baldwin-
House Bill No. 36. To fix a fee of two dollars per capita per annum to be paid to the Ordinaries of the State of Georgia for services in connection with Confederate pensioners.

By Mr. Vaughn of Rockdale-
House Bill No. 27. To appropriate the increased salary of the assistant Commissioner of Commerce and Labor from Aug. 27, 1925, to Dec. 31, 1925, as provided for in the Acts of 1925, page 141.
Respectfully submitted, Hendrix, 35th, Vice Chairman.
J. B. Clements, Secretary.

290

JOURNAL OF THE SENATE,

Mr. Bell of 51st District, Chairman of the Committee on Corporations, submitted the following report:

1\Ir. President:
Your Committee on Corporations have had under consideration the following Bills of the House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that they do pass:

By Messrs. Head and Camp of Cobb-
House Bill Ko. 77. To amend an Act, to amend the charter of the town of Acworth.
Bell, Chairman.

::\Ir. Dixon of 17th 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 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:

By Mr. Dixon of the 17th-
8enate Bill No. 23. A Bill to amend Section 2823 of Code of Georgia in regard to the manner in which Supe:rior Courts of this State shall grant charters to corpor-. ations.
Dixon, Chairman.

l\Ir. Bell of 51st DiHtrict, Chairman of the Committee on Corporations, submitted the following report:

TuESDAY, APRIL 13, 1926.

291

lvfr. President:

Your Committee on Corporations have had under consideration the following Bills of the House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that they do pass:

By :Messrs. Lawton, Denmark and Alexander of Chatham.

House Bill .Ko. 79. To amend several acts relating to and incorporating the town of \Varsaw in Chatham County, and for other purposes.
Bell, Chairman.

The following House Bills and House Resolution favorably reported, and Senate Resolution were read the second time:

By ~lr. McCluney of Baldwin-

House Bill No. 36. A Bill to fix a fee of $2 per capita, per annum, to be paid to the Ordinaries of the State, for services in connection with Confederate pensioners.

By Mr. Vaughn of Rockdale-

House Bill No. 27. A Bill to appropriate the increased salary of the Assistant Commissioner of Commerce and Labor, from August 27th, 1925, to December 31st, 1925, as provided for in Acts of 1925, page 141.

By l\Ir. Barrett of Stephens-

House Resolution No. 30. A Resolution to make appropriation to meet deficiencies in the General Printing Fund for the year 1926, and to make the same immediately available.

292

JouRNAL oF THE SENATE,

By Senator Peebles of the 18th (by request)-
Senate Resolution No.8. A Resolution for the appointment by the Governor of a Commission to consider the laws of this State as to domestic corporations and as to treatment of foreign corporations, and providing the duties thereof.

The following Senate Bill was read the first time and referred to a Committee:

By Senator Guess of the 34th-
Senate Bill No. 24. A Bill to authorize and require the payment of pensions to the widows of pensioners who would have been entitled to receive back-due pensions under the provisions of the Act approved March 8th, 1926.
Referred to Committee on Pensions.

Under the order of unfinished business, Senate Bill No. 22, by Senator Memory of the 46th, known as grade crossings Bill, which was read the first time on April 12th, was taken up for consideration.

Senator Harrell of the 12th moved that action on Senate Bill No. 22 be indefinitely postponed.

On the motion to postpone Senate Bill No. 22, indefinitely, Senator Memory of the 46th called for the Ayes and Nays, and the call was sustained.

On the call of the roll, the vote was as follows:

Bell, W. L. Boykin, Shirley C. Clary, E. D. Cole, E. D. Cole, R. D.

Collier, J. C. DeLaPerriere, H. P. Dixon, J. A. Guess, Carl N. Harrell, G. Y.

Hendrix, W. C. Johnson, L. F. Knight, P. T. Middleton, D. S. Moye, R. L.

TuESDAY, APRIL 13, 1926.

293

McKenzie, C. M. Neal, Benj. F. Norman, R. L. Owen, C. F.
Negative-
Carlisle, Ira Clements, J. B. Clifton, J. D. Foster, A. G.

Peebles, I. S., Jr. Pickren, T. L. Rountree, Dr. A. M.

Sapp, W. M. Thompson, J. N. B. Wilkerson, Rev. H. B.

Hutcheson, J. R. Memory, S. Forster Miller, A. L. McGregor, J. M. D.

Parker, Jos. H. Peacock, J. P. Perkins, R. 0. Pruett, J. F.

On the motion to indefinitely postpone the Bill, the Ayes were 26 and the Nays 12. The motion prevailed.

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

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

By Mr. Smith of Talbot and Mallard of Charlton-
House Bill No. 22. A Bill to change the Georgia School Oode so as to make the school year be from July 1st to next June 30th, inclusive, beginning with July 1, 1927.

By Mr. Tyson of Mcintosh-
House Bill No. 71. A Bill to amend the Constitution of Georgia relative to Mcintosh County increasing its bonded indebtedness.

The following Senate Bills were read the first time and referred to Committees:

By Messrs. Smith of Talbot and Mallard of Charlton-
House Bill No. 22. A Bill to change the Georgia School Code, so as to make t~e school year be from July 1st to

294

JOURNAL OF THE SE:\ATE,

the next June 30th, inclusive, beginning with July 1st, 1927.
Referred to the Committee on Education.

By Mr. Tyson of l\Iclntosh-
House Bill X o. 71. A Bill to amend the Constitution of Georgia, relatin to Mcintosh County increasing its bonded indebtedness.
Referred to Committee on Constitutional Amendments.

The following House Bills and Senate Bills were read the third time and put upon their passage:

By l\Iessrs. Head and Camp of Cobb-
House Bill No. 77. A Bill to amend an Act to amend the charter of the Town of Acworth.
The report of the Committee, which was fa,orable to the passage of the Bill, was agreed to.
On the passage of the Bill, the Ayes were :27 and the Nays 0.
The Bill haYing received the requisite Constitutional majority was passed.

By .Messrs. Lawton, Denmark and Alexander of Chatham-
House Bill X o. 79. A Bill to amend the several Aets relating to and incorporating the Town of warsaw iR Chatham County; and for other purposes.
The report of the Committee, which was favorable to th passage of the Bill, was agreed to.
On the passage of the Bill, the' Ayes were 26 and the Kays 0.

TuESDAY, APRIL 13, 1926.

295

The Bill having received the requisite Constitutional majority was passed.

By Senator Dixon of the 17th-
Senate Bill No. 23. A Bill to amend Section 2823 of the Code of Georgia in regard to the manner in which Superior Courts of this State shall grant charters to corporations.

Senator Knight of the 6th moved that Senate Bill No. 23, and the substitute, be tabled, and the motion prevailed.

Senator Guess of the 34th asked unanimous consent that Senate Bill Xo. 4, by Senators Cole of the 36th and Sapp of the 43rd, known as the Public Service Commission motor transportation Bill, be taken from the table and restored to its place on the calendar.

Senator Hutcheson of the 39th objected, and the consent was not granted.

Senator Harrell of the 12th moved that Senate Bill No. 15 be taken from the table and restored to its place on the calendar.

On the motion to take Senate Bill No. 15 from the table, Senator Harrell of the 12th called for the Ayes and Nays, and the call was sustained.

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

Bt>ll, W. L. Carlisle, Ira Clary, E. D. Clements, J. B. Clifton, J. D. Dixon, J. A. Gut>ss, CarJ N.

Harrell, G. Y.
Ht>ndrix, "'C. Hughe~, H. L. D. .Johnson, L. F. :Vliddlet.on, D. S. McGregor, J. M. D. McKenzie, C. M.

Neal, Benj. F. Norman, R. L. Peebles, I. S., Jr. Perkins, R. 0 . Pruett, J. It'. Rountree, Dr. A. M.

296 Negative-

JOURNAL OF THE SENATE,

Boykin, Shirley C. Carswell, Dr. H. J. Cole, E. D. Cole, R. D. Collier, J. C. DeLaPerriere, H. P.

Foster, A. G. Hutcheson, J. R. Knight, P. T. Memory, S. Forster Miller, A. L. Moye, R. L.

Owen, C. F. Parker, Jos. H. Peacock, J. P. Pickren, T. L. Sapp, W. M. Wilkerson, Rev. H. B.

On the motion to take Senate Bill No. 15 from the Table, the Ayes were 20 and the Nays 18.

The motion prevailed.

Senator Guess of the 34th asked unanimous consent that Senate Bill No. 4 be taken from the table and restored to its place on the calendar.

There was an objection, and the consent was not granted.

Senator Guess of the 34th moved that Senate Bill No. 4 be taken from the table and restored to its place on the calendar.
On the motion to take Senate Bill No.4 from the table, Senator Guess of the 34th called for the Ayes and Nays, and the call was sustained.
Tlie roll call was ordered, and the vote was as follows:
Affirmative-

Bell, W. L. Clary, E. D. Clifton, J.D. Cole, R. D. Dixon, J. A. Foster, A. G.

Guess, Carl N. Hendrix, W. C. Hughes, H. L. D. Johnson, L. F. Memory, S. Forster Middleton, D. S.

Miller, A. L. McGregor, J. M. D. Peacock, J. P. Pickren, T. L. Pruett, J. F. Sapp, W. M.

TuESDAY, APRIL 13, 1926.

297

Negative-
Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H. J. Clements, J. B. Cole, E. D. Collier, J. C. DeLaPerriere, H. P.

Harrell, G. Y. Hutcheson, J. R. Knight, P. T. Moye, R. L. McKenzie, C. M. Neal, Benj. F. Norman, R. L.

Owen, C. F. Parker, Jos. H. Peebles, I. 8., Jr. Perkins, R. 0. Rountree, Dr. A. M. Thompson, J. N. B. Wilkerson, Rev. H. B.

On the motion to take Senate Bill No. 4 from the table, the Ayes were 18 and the Nays 22.

The motion was, therefore, lost.

The following Senate Bill, having been taken from the table and restored to its place on the calendar, was taken up for consideration:

By Senators Clements of the 45th, Harrell of the 12th and Peebles of the 18th-
Senate Bill No. 15. A Bill to amend the Constitution of Georgia, by striking therefrom Paragraph 1, Section 2, Article 7, and substituting in lieu thereof, a new Paragraph 1, authorizing the classification and segregation of intangibles for taxation.

Senator Memory of the 46th offered the following Amendment:

Amend Senate Bill No. 15, by striking the words: "five mills" where it appears in said Bill, and inserting, in lieu thereof, the words: ''ten mills.''

Senator Cole of the 42nd moved the previous question on the Bill, and its Amendment, and the motion prevailed.

The main question was ordered.

298

JouRXAL OF THE SENATE,

011 the adoption of the Amendment, Senator )!emory of the 46th called for the Ayes and Kays, and the call was sustained.

The roll call was ordered, and the vote was as follows: Affirmative-

Andrews, E. E. Boykin, Shiri1'Y C. Carswell, Dr. H. J.
Xegativc-

Huteheson, .J. R. Johnson, L. F. Knight, P. T.

1\lemory, S. Forster Parker, Jos. H. Wilkerson, Rev. H. B.

Bell, W. L. CarlisiP, lm Clary, E. D. Clement:;, J. B. Clifton, J. D. Colt>, E. D. Col<, R. D. DeLaPerriere, H. P. Dixon, J. A. Foster, A. G.

Guess, Carl N. Harrell, U. Y. Hendrix, \V. C. Hughl'.s, H. L. D. Luttrell, J. A. Middleton, D. R. Miller, A. L. Moye, R. L. McGregor, J. M. D. McKenzie, C. M.

Nea!,fBenj. F. Norman, R. L. Owen, C. F. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pruett, J. F. Rountree, Dr. A. :VI. Sapp, W. l\I. Thompson, J. N. B.

On the adoption of the Amendment, the Ayes were 9 and the Nays 30.

The amendment was, therefore, lost.

The proceedings of the Senate were suspended, to receive a message from the House.

The following message was received from the House through Mr. :\Ioore, the Clerk th(lreof:
:Mr. Prsideut-
The House has passed by the requisite Constitutional majority the following Bills of the House, to-wit:

By Mr. Stark of "Whitfield-
House Bill Ko. 11. A Bill to amend the Constitution

TuESDAY, APRIL 13, 1926.

299

authorizing the Governor to borrow $3,500,000 to pay the public school teachers promptly.

By :Mr. Humphrey of Emanuel and others-
House Bill ~o. 46. A Bill to amend the Constitution for the purpose of constructing and maintaining a system of state highways.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

Ou the passage of the Bill, the roll call was ordered and the vote was as ollows:

Affirmative-

AndrPws, E. E. Bell, W. L. Carlisle, Ira ClemPnts, J. B. Clifton, J. D. Cole, R. D. ColliPr, J. C.
~egative

DeLaPerriere, H. P. Dixon, J. A~ Guess, Carl N. Harrell, G. Y. Hendrix, W. C. Hughes, H. L. D. Luttrell, J. A.

Middleton, D. S. :.\IcGrcgor, J. :\1. D. l\icKenzie, C. l\1. Xeal, Benj. F. ~orman, H.. L. Peebles, I. S., Jr. Perkins, R. 0. Rountree, Dr. A. M.

Carswell, Dr. H. J. Clary, E. D. Cole, E. D. Foster, A. G. Hutcheson, J. R. .Johnson, L. F. Knight, P. T.

l\Iaddox, A. K. l\lemory, S. Forster
:\Iillrr, A. L.
l\loye, R. L Owen, C. f.
Parker, Jos. H . Peacock, J. P.

Pirkren, T. L. Pruett, J. F. ~app, W. M. Thompson, J. N. B. Wilkerson, Rev. H. B.

On the pa:-;Hage of the Bill, the Ayes were 22 and the ~ays 20.

The Bill having failed to recei,e the requisite Constitutional majority was lost.

Bv unanimous coliSt'llt, the following- House Bills were rt>~:Hi the first tinw and referred to Conuui ttees:

300

JOURNAL OF THE SENATE,

By Mr. Stark of Whitfield-
House Bill No. 11. A Bill to amend the Constitution, authorizing the Governor to borrow $3,500,000, to pay the public school teachers promptly.
Referred to the Committee on Education.

By Mr. Humphrey of Emanuel, and others-
House Bill No. 46. A Bill to amend the Constitution, for the purpose of constructing and maintaining a system of State Highways.
Referred to the Committee on Constitutional Amendments.

Senator Harrell of the 12th moved that when the Senate adjourns to-day, it will stand adjourned until3 :00 o'clock, P. M., this day.

Senator Pickren of the 4th offered, as a substitute for the motion of Senator Harrell of the 12th, that when the Senate adjourns to-day, it will stand adjourned until 11 :00 o'clock, A. M., to-morrow.

Senator Harrell of the 12th called for the Ayes and Nays, and the call was sustained.

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

Affirmative-
Boykin, Shirley C. Carswell, Dr. H. J. Clary, E. D. Collier, J. C. Foster, A. G. Guess, Carl N. Harrell, G. Y. Hendrix, W. C. Hughes, H. L. D.

If>
Hutcheson, J. R. Johnson, L. }?. Knight, P. T. Luttrell, J. A. Maddox, A. K. Memory, S. Forster Miller, A. L. Moye, R. L. McGregor, J. M. D.

McKenzie, C. M. Neal, Benj. F. Owen, C. F. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L.. Pruett, J. F. Thompson, J. N. B.

TuESDAY, APRIL 13, 1926.

301

Negative-

Bell, W. L. Clements, J. B. Clifton, J. D.

Dixon, J. A. Middleton, D. S. Norman, R. L.

Parker, Jos. H. Rountree, Dr. A. M. Sapp, W. M. Wilkerson, Rev. H. B.

On the substitute motion to adjourn, the Ayes were 27 and the Nays 10.

The substitute motion prevailed.

Senator Boykin of the 37th moved that the Senate do now adjourn.

Senator Knight of the 6th asked unanimous consent that Senate Bill No. 17, of which he was the author, be taken up at this time, in order that all matter on the Secretary's desk might thus be disposed of.

Senator Boykin of the 37th withdrew his motion to adjourn.

The reqest of Senator Knight of the 6th, for unanimous consent, was granted, and Senate Bill No. 17 was read the third time:

By Senator Knight of the 6th (by request)-
Senate Bill No. 17. A Bill to propose an Amendment to Paragraph 1 of Section 4 of Article 8 of the Constitution of this State, on the subject of educational taxation.

Senator Knight of the 6th moved that Senate Bill No. 17 be tabled, and the motion prevailed.

Senator Boykin of the 37th moved that the Senate do now adjourn, and the motion prevailed.

The privileges of the floor were extended to: Ex-Sena-

302

JouRNAL OF THE SENATE,

tor J. A. Alexander and Messrs. W. H. Mathis and Newton Hughes, all of the County of Berrien, and to Mrs. INalter Gordon Roper and Mrs. Bryan Blackburn, during their stay in the City.

The following privilege . Resolution was read and adopted:

"Whereas, our beloved Chaplain, the Reverend J. \V. G. \Vatkins, has been providentially prevented from attending his post of duty, on account of illness; therefore, be it

"Resolved, by the Senate, that the sympathies of the members of the Senate be conveyed to our esteemed and bloved Chaplain, together with the sincere wish for his early restoration to the enjoyment of his wonted health.''

The President declared the Senate adjourned until 11 :00 o'clock, A. M., to-morrow.

WEDNESDAY, APRIL 14, 1926.

303

T"WENTY-SEVENTH DAY

Senate Chamber, wednesday, April 14th, 1926.

The Senate met pursuant to adjournment at 11:00 o'clock, A. :\!., this day, and was called to order by the President.

Prayer was offered by Senator Knight of the 6th.

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

Bell, W. L. Boykin, Shirley C. Carlisle, Ira
Carswell, Dr. H. J Clary, E. D.
Clements, J. B. Clifton, J. D. Cole, E. D. DeLaPerriere, H. P. Guess, Cat! N. Harrell, G. Y. Hendrix, W. C.

Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Luttrell, J. A. Maddox, A. K. Memory, S. Forster Middleton, D. S. Miller, A. L. Morgan, S. H. Moye, R. L. McGregor, J. M. D.

McKenzie, C. M. Norman, R. L. Owen, C. F. Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pmett, J. F. Sapp, W. M. Thompson, J. N. B. Wilkerson, Rev. H. B. Mr. President..

Senator Harrell of the 12th gave notice that at the proper time he would ask the Senate to reconsider its action in defeating Senate Bill No. 15, being a proposed Constitutional Amendment to segregate and classify intangibles for taxation.

Senator Hughes of the 21st asked unanimous consent that the reading of the Journal of yesterday's proceedings he dispensed with, ann the consent was granted.

304

.JOURNAL OF THE SENATE,

The Journal was confirmed.

Senator Harrell of the 12th moved that the Senate re.:. consider its action in defeating Senate Bill No. 15.

Senator Knight of the 6th called for the previous ques.:. tion, and the call was sustained.

The main question was then put.

On the motion to reconsider, Senator Harrell of the 12th called for the Ayes and Nays.
The call was not sustained.
On the motion to reconsider Senate Bill No. 15, the Ayes were 24 and the Nays 6.
The motion to reconsider was, therefore, lost.
Senator Guess of the 34th asked unanimous consent that Senate Bill No.4, known as the Public Service Commission motor transportation Bill, be taken from the table and restored to its place on the calendar.
There was an objection, and the consent was not granted.

Senator Guess of the 34th moved that Senate Bill No.4 be taken from the table and restored to its place on the calendar.

On the motion to take Senate Bill No.4 from the table, and restore it to its place on the calendar, the Ayes were 6 and the Nays 23.

The motion was, therefore, lost.

WEDNESDAY, APRIL 14, 1926.

305

The President called for the reports of standing Committees.

Mr. Dixon of 17th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following Bills of the House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:

By Mr. Tyson of Mcintosh-
House Bill No. 71. To amend Art. 7, Sec. 7, Par. 1, of the Constitution relative to Mcintosh County increasing its bonded indebtedness for educational purposes."

By :Mr. Humphreys of Emanuel-
House Bill No. 46. To amend the Constitution for purpose of constructing and maintaining a system of state highways.
Respectfully submitted,
Dixon of 17th, Chairman. J. B. Clements, Secretary.

Mr. Knight of 6th District, Chairman of the Committee on Education, submitted the following report:

Mr. President:
Your Committee on Education have had under consideration the following Bills of the House and have instructme as Chairman, to report the same back to the Senate with the recommendation that the same do pass:

306

JOURNAL OF THE SENATE,

By Mr. Smith of Talbot-
House Bill No. 22. To amend Sec. 67 of Georgia School Code so as to make the school year be from July 1 to the next June 1st, .inclusive, beginning with July 1, 1927.

By Mr. Stark of Whitfield-
House Bill No. 11. To amend the Constitution so as to authorize the contraction by or on behalf of the State a debt in an amount not greater than $3,500,000 for purpose of paying school teachers.
Respectfully submitted,
P. T. Knight 6th Dist., Chairman.
J. B. Clements, Secretary.

Mr. Peebles of 18th District, Chairman of the Committee on Pensions, submitted the following report:

Mr. President:-
Your Committee on Pensions have had un.der consideration the following Senate Bill No. 24 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:
I. S. Peebles, Jr., Chairman.
April 13, 1926.

The following Senate Bill and House Bills, favorably reported, were read the second time:

By Senator Guess of the 34th-
Senate Bill X o. 24. A Bill to authorize and require the payment of. pensions to the widows of pensioners who

WED:\"ESDAY, APRIL 14, 1926.

307

would haYe been entitled to receive back-due pensions, under the provisions of the Act, approved March 8th, 1926.

By Mr. Tyson of l\Iclntosh-
House Billl\o. 71. A Bill to amend the Constitution of Georgia, relative to Mc!ntosh County increasing its bondeel indebtedness.

By l\Ir. Humphrey of Emanuel, and others-
House Bill No. 46. A Bill to amend the Constitution, for the purpose of constructing and maintaining a system of State highways.

By 2\Iessrs. Smith of Talbot and 1\Iallard of Charlton-
House Bill .Ko. 22. A Bill to change the Georgia School Code, so as to make the school year be from July 1st to the next .June 30th, inclusive, beginning with July 1st, 1927.

By :\fr. Stark of Whitfield-
House Bill No. 11. A Bill to amend the Constitution, authorizing the Governor to borrow $3,500,000 to pay the public school teachers promptly.

The following privilege Resolution was read and adopteel:

By Senators Miller of the 9th and Knight of the 6th-
Senate Resolution 1\o. 9. A Resolution urging His Excellency, the President of the United States, to accept the invitation to attend the Xational Convention of the Disabled American Veterans, to be held in Atlanta on June 21st to June 26, 1926, inclusive.

The following House Bills and House Resolution and

308

JouRNAL OF THE SENATE,

Senate Bills and Senate Resolution were read the third time and put upon their passage:

By Senator Peebles of the 18th (by request)-
Senate Resolution No.8. A Resolution for the appointment by the Governor of a Commission to consider the laws of this State as to domestic corporations and as to treatment of foreign corporations and providing the duties thereof.

Senator Knight of the 6th moved that action on Senate Resolution No. 8 be indefinitely postponed, and the motion prevailed.

By Mr. Vaughn of Rockdale-
House Bill No. 27. A Bill to pay increased salary of the Assistant Commissioner of Commerce and Labor, from August 27th, 1925, to December 31st, 1925, as provided for"in Acts of 1925, page 141.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill the roll call was ordered and the vote was as follows:

Affirmative-
Bell, W. L. Carlisle, Ira Carswell, Dr. H. J. Clifton, J.D. Cole, E. D. Collier, J. C. DeLaPerriere, H. P. Guess, Carl N. Harrell, G. Y. Hendrix, W. C.

Hughes, H. L. D. Johnson, L. F. Knight, P. T. Luttrell, J. A. Memory, S. Forster Middleton, D. S. Miller, A. L. Moye, R. L. McGregor, J. M. D. McKenzie, C. M.

Norman, R. L. Owen, C. F. Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Sapp, W. M. Thompson, J. N. B. Wellborn, Dr. E. C.

WEDNESDAY, APRIL 14, 1926.

309

Negative-

Boykin, Shirley C. Hutcheson, J. R.

Maddox, A. K. Ricketson, Dr. F. B.

Wilkerson, Rev. H. B.

On the passage of the Bill, the Ayes were 30 and the 1'\ays 5.

The Bill having received the requisite Constitutional majority was passed.

By Mr. Barrett of Stephens-
House Resolution No. 30. A Resolution to make appro-
priation to meet deficiencies in the General Printing
Fund, for the year 1926, and to make the same immediately available.

The report of the Committee, which was favorable to the passage of the Resolution, was agreed to.

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

Affirmative-

Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H. J. Clements, J. B. Clifton, J. D. Cole, E. D. Collier, J. C. DeLaPerriere, H. P. Guess, Carl N. Harrell, G. Y.
Negative-

Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Luttrell, J. A. Maddox, A. K. Memory, S. Forster Middleton, D. S. .Miller, A. L.
Morgan, S. H. Moye, R. L.

McGregor, J. M. D. McKenzie, C. M. Norman, R. L. Owen, C. F. Parker, Jos. H. Peacock, J.P. Peebles, I. S., Jr. Perkins, R. 0. Pruett, J. F. Sapp, W. M. Thompson, J. N. B. Wellborn, Dr. E. C.

Clary, E. D.
On the passage of the Resolution the Ayes were 34 and the Nays 2.

The Resolution having received the requisite Constitutional majority, was passed.

310

JouRNAJ, OF THE SEXATE,

By .Mr. McCluney of Baldwin-
House Bill Xo. 36. A Bill to fix a fee of $2 per capita, per annum, to be paid to the Ordinaries of the State for services in connection with Confederate pensioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

Senator Pruett of the 32nd called for the pre"vious question, and the call was sustained.

The main question was then put.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Affirmative-
Andrews, E. E. Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, E. D. DeLaPerriere, H. P. Dixon, J. A.
Negative-
Luttrell, J. A. Maddox, A. K.

Guess, Carl N. Harrell, G. Y. Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Memory, S. Forster Moye, R. L. McGregor, J. :\1. D. :\lcKenzie, C. !\'1.
Middleton, D. H. Miller, A. L.

Norman, R. L. Owen, C. F. Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Sapp, \\". 1\I. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, R"\". H. B
Morgan, R. H. Rickt>tson, Dr. F. B.

On the passage of the Bill the Ayes were :~4 and the Nays 6.

The Bill having receiYecl the requisite Constitutional majority was passed.

WEDNESDAY, APRIL 14, 1926.

311

Senator Knight of the 6th moved that Senate Bill No. 17, be taken from the table and restored to its place on the calendar, and the motion prevailed.

The following Senate Bill, having been read the .third time, was put upon its passage:

By Senator Knight of the 6th (by request)-
Senatc Billl:\o. 17. A Bill to propose an Amendment to Paragraph 1 of Section 4 of Article 8 of the Constitution of this State, on the subject of educational taxation.

The substitute offered by the Committee was read and adopted.

The Amendment offered by Senators Hendrix of the 35th and Guess of the 34th, to the Committee's substitute was read and adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, as amended, was agreed to.

Senator Carlisle of the 7th called for the previous question, and the call was sustained.

The main question was ordered.

On the passage of the Bill, the roll call was ordered, and the vote was as follows:

Affirmative-

Andrews, E. E. Bell, W. L. Carlisle, Ira Clements, J. B. DeLaPerriere, H. P. Dixon, J. A. Hamll, G. Y.

Hendrix, W. C. Hughes, H. L. D. Johnson, L. F. J\:night, P. T. Luttrell, J. A. Maddox, A. K. Middleton, D. S.

Miller, A. L. Moye, R. L. McKenzie, C. M. Norman, R. L. Parker, Jos. H. Perkins, R. 0. Pickren, T. L.

312

JOURNAL OF THE SENATE,

Negative-
Boykin, Shirley C. Carswell, Dr. H. J. Clifton, J. D. Cole, E. D. Collier, J. C. Hutcheson, J. R. Memory, S. Forster

Morgan, S. H. McGregor, J. M. D. Owen, C. F. Peebles, I. S., Jr. Pruett, J. F. Peacock, J.P. Ricketson, Dr. F. B.

Sapp, W. M. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B.

On the passage of the Bill the Ayes were 21 and the Nays 20.

The Bill having failed to receive the requisite Constitutional majority was lost.

Senator Sapp of the 43rd moved that the Senate do now adjourn, and the motion prevailed.

The President declared the Senate adjourned until 10:00 o'clock A. M. to-morrow.

THURSDAY, APRIL 15, 1926.

313

TWENTY-EIGHTH DAY

Senate Chamber, Thursday, April 15th, 1926.

The Senate met pursuant to adjournment at 10:00 o'clock A. M., this day and was called to order by the President.

Prayer was offered by Rev. H. C. Brewton.

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

Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, E. D. DeLaPerriere, H. P. Foster, A. G. Guess, Carl N.

Harrell, G. Y. Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Luttrell, J. A. Memory, S. Forster Middleton, D. S. Moye, R. L. McGregor, J. M. D.

McKenzie, C. M. Norman, R. L. Owen, C. F. Parker, Jos. H. Peebles, I. S., Jr. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Sapp, W. M. Thompson, J. N. B. Wilkerson, Rev. H. B. Mr. President

Senator McKenzie of the 48th asked unanimous consent that the reading of the Journal of yesterday's proceedings be dispensed with, and the consent was granted.

Senator Peebles of the 18th gave notice that at the proper time he would ask the Senate to reconsider its action in indefinitely postponing Senate Resolution No. 8, known as a Resolution for the appointment by the Governor of a Commission to consider the domestic corporation laws, etc.

314

,JotmNAL OF THE SENATE,

The Journal was confirmed.

The following House Bill and House Resolution and Senate Bill were read th~ third time and put upon their
passage:

By \>Iessrs. Smith of Talbot and Mallard of Charlton-
House Bill No. 22. A Bill to change the Georgia. School
Code, so as to make the school year be from July 1st to the next June 3oth, incl'!}live, beginning with July lit, 1927.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill the Ayes were 26 and the Nays 0.
The Bill having 1eceived the requisite Constitutional majority was passed.

By Mr. Tyson of McintosH-.
House Bill No. 11. A Bill to be entitled an Act to propose to the qualified voters of this State an Amendment to Article Seven (7}, Section Seven (7), Paragraph One (1), of the Constitution of Georgia, authorizing the County uf Mcintosh to increase the said bcmded indebtedness of said County of Mcintosh for educational purposes, and also for the purpose of paying off any indebtedness that now exists or may hereaft~r exist _against the Board of Education of llciutosh County.

Section. 1. Be it eiUJ.cted by the Gcmeral Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article f~e,ren (1), Section Seven (1), Paragraph One (1) qf the Constitution of Georgia be and the same is hereby ameuded by adding thereto the follow-

THURSDAY, APRIL 15, 1926.

315

ing words: "Except that the County of ~lclntosh may incur a bonded indebtedness in addition to the debts hereinbefore in this paragraph allowed to be incurred, in an amount in the aggregate not exceeding fourteen (14% ) per centum of the taxable value of said County as shown by the tax digest, for educational purposes and also for the purpose of paying off any indebtedness that now exists or may hereafter exist against the Board of Education of :Mcintosh County, provided that such bonded indebtedness shall not be incurred except with the assent of a majority of the qualified voters of said County, and the assent of two-thirds of the qualified voters of said County, actually voting at an election, or elections, for that purpose to be held as may now or may hereafter be prescribed by law for the purpose of incurring new debts by any county or municipality within this State. In the event this amendment be ratified and becomes part of the Constitution, and in the event the bonds provided for are authorized, validated and sold as provided by law by the said County of jfcintosh, the County Commissioners of ~1clntosh County shall pay over the proceeds of the sale of said bonds to the Board of Education of Mcintosh County for the purposes herein named.
Sec. :2. Be it further enacted by the authority aforesaid that when said amendment be agreed to by twothirds ,ote of the members elected to each House, it shall be entered upon the J oumal of each House with the AyeR and ~ ays thereon and published in one or more newspapers in each Congressional District of this State for two months previous to the time for holding the next general election and shall at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amei1dment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article Seven, Section Seven, Paragraph One, of the Constitution, authorizing the County of.l~Ic-

316

JouRNAL oF THE SENATE,

Intosh to increase its bonded indebtedness for educational purposes,'' and all persons voting at said election opposed to the adoption of said amendment shall have written or printed on their ballots the words, ''Against ratification of amendment to Article Seven, Section Seven, Paragraph One of the Constitution, authorizing the County of Mcintosh to increase its bonded indebtedness for educational purposes," and if a majority of the electors qualified to vote f.or members of the General Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article Seven, Section Seven, Paragraph One, of the Constitution of this State, and the Governor shall make proclamation therefor as provided by law.

Sec. 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed.

The report of the Committee, which was favorable to passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Affirmative-

Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carr, Milton B. Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J. D. Cole, E. D. Collier, J. C. DeLaPerriere, H. P. Foster, A. G.

Harrell, G. Y. Hendrix, W. C. Hughes, H. L. D. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Luttrell, J. A. Memory, S. Forster Moye, R. L. McGregor, J. M. D. McKenzie, C. M. Norman, R. L.

Owen, C. F. Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Sapp, W. M.. Thompson, J. N. B. Wilkerson, Rev. H. B. Mr. President.

THURSDAY, APRIL 15, 1926.

317

On the passage of the Bill, the Ayes were 34 and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

By l\fr. Humphrey of Emanuel, and others-
House Bill No. 46. A Bill to be entitled an Act to propose to the people of Georgia to amend Article Seven, Section One, Paragraph One, of the Constitution by adding thereto the following:

"To construct and maintain a system of State Highways.''

The Governor will cause such proposed amendment to be published in a newspaper in each Congressional District as provided by law for the submission to the people at the next general election.

Electors desiring to vote for said proposed amendment shall vote, "For amendment to Article 7, Sec. 1, Par. 1, of the Constitution of Georgia."

Electors desiring to vote against said proposed amendment shall vote," Against amendment to Article 7, Sec. 1, Par. 1, of the Constitution of Georgia.

The report of the Committee, which was favorable to th passage of the Bill, was agreed to.

On the passage of the Bill the roll call was ordered and the vote was as follows:

Affirmative-
Bell, W. L. Carlisle, Ira C:trr, Milton B.

C:trswell, Dr. H. J. Clements, J. B. Clifton, J. D.

DeLaPerriere, H. P. F~ster, A. G. Guess, Carl N.

318

JOURNAL OF THE SENATE,

Harrell, G. Y. Hendrix, W. C. Hughes, H. L. D. Johnson, L. F. Knight, P. T. Luttrell, J. A. Maddox, A. K. :\'!emory, S. Forster :'\1iddlcton, D. S.

Moye, R. L. McGregor, J. M. D. McKenzie, C. :\1. Norman, R. L. Owen, C. F. Parker, Jos. H. Peacock, J. P. Peebles, I. 8., Jr. Perkins, R. 0.

Pickren, T. L. Pruett, J. F. Sapp, \Y. M. Thompson, J. N. B. Wellborn, Dr. E. C. Wilkerson, Rev. H. B. :\1r. President

Xegative-

Boykin, Shirley C. Clary, E. D.

Cole, E. D. Hutcheson, J. R.

Matthews, Dr. Joe I.

On the passage of the Bill the Ayes were 34 and the l\ays 5.

The Bill having received the requisite Constitutional majority was passed.

By Mr. Stark of whitfield-
House Bill No. 11. A Bill. Constitution Amendment Proposed. The General Assembly proposes to the people of Georgia to amend Article 7, Section 3, Paragraph 1, of the Constitution of Georgia, so as to authorize the contraction by or on behalf of the State of a debt in an amount of not greater than $3,500,000 for the purpose of paying the public school teachers of the State, by adding thereto the following words:

However, said debt may be increased in the sum of $3,500,000 for the payment of the public school teachers of the State.

So that said paragraph, so amended, shall read as follows:

No debt shall be contracted by or on behalf of the State, except to supply such temporary deficit as may exist in

THURSDAY, APRIL 15, 1926.

319

the treasury in any year from necessary delay in collecting the taxes of that year, .to repel invasion, suppress insurrection, and defend the State in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate Five Hundred Thousand Dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan was made. However, said debt may be increaseu in the sum of $3,500,000 for the payment of the public school teachers of the State only.

The principal amount borrowed for payment of teachers to be repaid each year out of the common school appropriation and the interest paid thereon to be paid each year out of the General funds of the State.

Said amendment shall be submitted to the voters at the next general election.

The GoYernor will cause such proposed amendment to be published in a newspaper in each Congressional Distriet as proYided h~ law.

All persons Yoting at said election in favor of said proposed amendment shall haYe written or printed on their ballots the words: ''For $:~,500,000 Public School Teachers Salary Amendment to Article 7, Section :~, Paragraph
1, of the Cour.;titution."

All persons voting at said election against said proposed amendment shall have wri tte nor printed on their ballots the words: ''Against $3,500,000 Public School Teachers Salary Amendment to Article 7, Section 3, Paragraph 1, of the Constitution."

The report of the Committee, which was favorable to the passage of tlw Bill, was agreed to.

320

JOURNAL OF THE SENATE,

Senator Harrell of the 12th moved the previous question, and the motion prevailed.

The main question was then put.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Affirmative-

Andrews, E. E. Bell, W. L. Boykin, Shirley C. Carlisle, Ira Carr, Milton B. Carswell, Dr. H. J. Clary, E. D. Clements, J. B. Clifton, J.D. Cole, E. D. DeLaPerriere, H. P. Foster, A. G.

Guess, Carl N. Harrell, G. Y. Hendrix, W. C. Hutcheson, J. R. Johnson, L. F. Knight, P. T. Luttrell, J. A. Maddox, A. K. Memory, S. Forster Middleton, D. S. Moye, R. L. McGregor, J. M. D.

McKenzie, C. M. Norman, R. L. Owen, C. F. Parker, Jos. H. Peacock, J. P. Peebles, I. S., Jr. Perkins, R. 0. Pickren, T. L. Pruett, J. F. Ricketson, Dr. F. B. Sapp, W. M. Thompson, J. N. B. Wellborn, Dr. E. C.

Negative-

Wilkerson, Rev. H. B.
On the passage of the Bill, the Ayes were 37 and the Nays 1.

The Bill having received the requisite Constitutional majority was passed.

By Senator Guess of the 34th-
Senate Bill No. 24. A Bill to authorize and require the payment of pensions to the widows of pensioners who would have been entitled to receive back due pensions under the provisions of the Act approved March 8, 1926.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, APRIL 15, 1926.

321

On the passage of the Bill, the Ayes were 33 and the Nays 0.
The Bill having received the requisite Constitutional majority was passed.

Senator Sapp of the 43rd moved that the Senate recess, at this time, subject to the call of the Chair, and the motion prevailed.

The President declared a recess 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 House through Mr. Moore, the Clerk thereof:

Mr. President-
The House has passed by the requisite Constitutional majority the following Bills of the Senate to-wit:

By Mr. Ennis of the 20th-
Senate Bill No. 18. A Bill to amend au Act to pave and improve the streets of Milledgeville, Georgia.

The House failed to pass the following Bill of the Senate, to-wit:

By l\1r. Carswell of the 5th and others-
Senate Bill No. 12. A Bill to authorize a county or counties, to assign by proper resolution and contract, their one cent gas tax to the State Highway Board of Georgia for a period of time.

322

JouRNAL oF THE SENATE,

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

Mr. President-
The House has adopted the following Resolution of the House, to-wit:

By Mr. Howard of Chattahoochee-
House Resolution No. 50. A Resolution paying the pensions to widows of the confederate veterans who died since August 26, 1925, in regard to House Bill No. 34.

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 Bill of the Senate, towit:

By Mr. Knight of the 6th-
Senate Bill No. 20. A Bill authorizing and empowering the board of trustees of local school districts levying a local school tax to borrow sufficient money for the operation of said schools and for other purposes.

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

Mr. President-
The House has passed by the requisite Constitutional majority the following Bill of the Senate, as amended, towit:

THURSDAY, APRIL 15, 1926.

323

By Mr. Knight of the 6th-

Senate Bill No. 21. A Bill to be entitled an Act to amend an Act to codify the School Laws of Georgia and for other purposes.

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

Mr. President:
The House has adopted the following Resolution of the House, to-wit:

By Messrs. Stone of Union and Hatcher of Burke-
Senate Resolution No. 51. A Resolution relative to ''Forest Week in Georgia.''

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. Neill of Muscogee and Mr. Culpepper of Fayette-
House Resolution No. 52. A Resolution in regard to the printing and binding of the Acts and Journals of the Extraordinary sessions of 1926.

Senator Peebles of the 18th moved that the Senate reconsider its action in indefinitely postponing House Resolution No. 8.
The motion was lost.

324

JouRNAL OF THE SENATE,

The following Senate Bills were taken up for concurrence to the House Amendments:

By Senator Knight of the 6th (by request)-
Senate Bill No. 21. A Bill to amend an Act to codify the school laws of Georgia, and for other purposes, approved July 20, 1918.

The following House Amendment to Senate Bill No. 21 was read, to-wit:

By adding at the end of caption of said Bill the following language, to-wit:

''by striking Section 116 of said Act and inserting in lieu thereof a new Section, to be designated Section 116, to provide for the exemption of certain school property from taxation, from levy and sale under execution or order, and for other purposes.''

Senator Knight of the 6th moved that the Senate agree to the Amendment offered by the House, and the motion prevailed.

By Senator Knight of the 6th-
Senate Bill No. 20. A Bill to authorize and empower the board of trustees of local school districts levying a local school tax to borrow sufficient money; and no more, to pay for the operation of said schools, etc.

The following House Amendments to Senate Bill No. 20 were read:
By striking from line 3 of Section 4 of said Bill the word: "president," wherever it occurs, and inserting in lieu thereof the word: ''chairman.''

THURSDAY, APRIL 15, 1926.

325

Add at the end of Section 1 the following words:
Said fund or funds borrowed to be used only for the purpose of paying teachers for the current year, and not for a longer period than 12 months.

Senator Knight of the 6th moved that the Senate agree to the House Amendments and the motion prevailed.

The following Resolu~ions were read and adopted:
By Senator DeLaPerriere of the 33rd-
Senate Resolution No. 12. A Resolution expressing the sympathy of the Senate to the family and relatives on account of the death of Honorable James H. Grant.

By Senator Hendrix of the 35th-
Senate Resolution No.10. A Resolution expressing appreciation of the General Assembly to the Theatres of Atlanta for their courtesies, and to the Film industry for their aid to the charitable and elemosynary institutions of the State.

The following House Resolutions were read and adopted:
By Stone of Union and Hatcher of Burke-
House Resolution No. 51. A Resolution relative to ''Forestry Week in Georgia.''

By Messrs. Neill of Muscogee and Culpepper of Fayette-
House Resolution No. 52(a). A Resolution in regard to the printing and binding of the Acts and J ouruals of the Extraordinary Sessions of 1926.
On the adoption of the Resolution the Ayes were 29 and the Nays 0.

326

JOUfu"'l'AL OF THE SENATE,

The Resolution having received the requisite Constitutional majority was adopted.

Senator Guess of the 34th asked unanimous consent that Senate Bill No.4, known as the Public Service Commission motor transportation Bill, be taken from the table and restored to its place on the calendar.

There was an objection and the consent was not granted.

The following House Resolutions were read and adopted:

By Mr. Howard of Chattahoochee-
House Resolution No. 49. A Resolution paying the pensions to the Confederate veterans who died since August 26th, 1925. (In regard to House Bill No. 3.)

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

Mr. President:
The House has adopted the following Resolutions of the House, to-wit:

By Mr. Dykes of Dooly-
House Resolution No. 52. A Resolution that the Clerk notify the Senate that the House is now ready to adjourn Sine Die.
By Mr. Dykes of Dooly-
House Resolution No. 53. A Resolution to appoint a joint Committee to notify His Excellency, the Governor, that the General Assembly is now ready to adjourn Sine Die.

THURSDAY, APRIL 15, 1926.

327

The Speaker has appointed the following Committee on the part of the House: Messrs. Alexander of Chatham, Rosser of Walker, wood of Fulton.

The following House Resolutions were read and adopted:

By Mr. Dykes of Dooly-
House Resolution No. 52. A Resolution that the clerk notify the Senate that the House is now ready to adjourn, Sine Die.

By Mr. Dykes of Dooly-
House Resolution No. 53. A Resolution providing for an appointment of a Joint Committee to notify His Excellency, the Governor, that the General Assembly is now ready to adjourn, Sine Die.

The President appointed, on the part of the Senate, under the above Resolution of the House, the following members of the Senate, to-wit: Senators Memory of the 46th, Peebles of the 18th and Bell of the 21st.

Mr. Norman of 47th District, Chairman of the Committee on Enrollment, has submitted the following report:

Mr. President:-
Your Committee on Enrollment have examined and found properly enrolled, duly signed and ready for delivery to the Governor, the following Acts of the Senate, to-wit:

Senate Bill No. 2. An Act to consolidate the offices of Tax Receiver and Tax Collector of Lamar County, Georgia, into the office of Tax Commissioner, etc.

328

JouRNAL oF THE SENATE,

Senate Bill No.5. An Act to amend the charter of the City of Millen.

Senate Bill No. 6. An Act to amend an Act entitled "An Act to authorize the securing of advances made for the purpose of planting, making or gathering a crop or crops by the giving of a bill of sale to such crops," etc.

Senate Bill No. 10. An Act to amend an Act, approved August 17, 1920, providing for domestication of foreign corporations, so as to define the powers and privileges of such domesticated corporations and their stockholders; to provide method of surrendering or cancelling such domestication; and for other purposes.
Senate Bill No. 18. An Act to pave and improve the streets of Milledgeville, Georgia; and for other purposes.

Senate Bill No. 20. An Act to authorize and empower the Board of Trustees of local school districts levying a local school tax to borrow sufficient money, and no more, to pay for the operation of said school; and for other purposes.
Senate Bill No. 21. An Act to amend an Act to codify the school laws of Georgia, approved July 20, 1918.
Respectfully submitted,
R. L. Norman, Chairman.

The following Senate Resolutions were offered:

By Senators Sapp of the 43rd and Boykin of the 37th-
Senate Resolution No. 13. Whereas, the Honorable J. Howard Ennis, the distinguished member from the 20th District, and the President of the Senate, has greatly fa-

THURSDAY, APRIL 15, 1926.

329

cilitated matters during the present sessions, by his uniform, fair, courteous and businesslike manner of presiding; and

Whereas, the Senate, and the individual membership thereof, greatly appreciates the impartial and considerate manner in which the presiding officer has presided and ruled on all matters coming before him in an official manner; therefore, be it

Resolved, by the Senate, that we sincerely thank the Honorable J. Howard Ennis for his able and efficient manner of dispatching all business presented at these sessions, and to commend him most highly for his punctuality, promptness and courtesy during the sessions.

The Resolution was adopted unanimously by a rising vote.

By Senator Clements of the 45th-
Senate Resolution No. 11. Resolved, that we express to Honorable J. A. Dixon, President Pro Tern, of the Senate, our sincere thanks and assure him of our sincere and hearty appreciation of the very able, dignified and impartial manner in which he has presided over the deliberations of this body.

The Resolution was adopted unanimously by a rising vote.

By Senator Sapp of the 43rd-
Senate Resolution No. 14. Whereas, Major Devereaux F. McClatchey, the veteran Secretary of the Senate, has greatly contributed to the prompt dispatch of business during the present sessions, by his uniform kindness and courtesy, and has contributed greatly to the comfort and

330

JouRNAL OF THE SENATE,

pleasure of the individual membership of the Senate by his courtesy, considerate kindness and thoughtfulness; therefore, be it

Resolved, by the Senate: That we tender to our efficient Secretary our sincerest thanks and assurances of our highest appreciation.

The Resolution was adopted unanimously by a rising vote.

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, and the Governor stated he had no further communications to make.

The President de~lared the Senate adjourned, Sine Die.

INDEX
TO THE
SENATE JOURNALS
EXTRAORDINARY SESSIONS 1926

332

INDEX

PART I. SENATE BILLS

ADDRESSES-

By Governor ------------------------------------------------------------------

10

Judge Harry B. Reed -------------------------------------------------------------- 64

CHARTERS AND CORPORATIONS, MUNICIPAL-
Millen, amend (9) ----------------------------------------------------------------- 8 7 Homerville, amend ( 14) ---------------------------------------------------------- 116 Millen, amend ( 5) ---------------------------------------------------152, 160, 171 Milledgeville, amend (18) --------------------------------------226, 239, 247
CODE AMENDMENTSAmend Section 2823-Corporation Charters (23) 272, 275, 295

COMMISSIONERS OF ROADS AND REVENUES-
Lamar Co., amend (12) --------------------------------------------92, 112, 126 Lamar Co., amend (8) -------------------------------------------- 153, 161, 172

COMMITTEES, SPECIAL-
Notify Governor --------------------------------------------------7, 128, 146, 327 On Arrangements for Joint Session ___________ ---------------------------- 9

COMMUNICATIONSRon. W. C. Williams, Jr.________________________________________________________ 45
Peach Blossom Festival Committee ---------------------------------- 59, 92 To the Governor on Sine Die Adjournment___________________ 107, 112

CONSTITUTIONAL AMENDMENTS-
Amend-Bonds for School Teachers ( 1) ---------------------------- 42 Amend-Highway Bonds (4) _____ ---------------------------------------- 43 Amend-Bonds to Pave Tybee Roads (8) ---------------------------- 54 Amend-Vital Statistics ( 11) ----------------------------------------------- 181 Amend-Classification Tax (15) ____________________ 203, 208, 284, 297 Amend-Educational Taxation (17) ______________________ 211, 224, 301

CORPORATIONS, DOMESTIC AND FOREIGN-
Issuing Non-Par Stock ( 15) ---------------------------------------------------- 116 Issuing Non-Par Stock (7) -------------------------------------153, 160, 173 Domesticate Foreign Corporations (10) ________ 171, 178, 187, 219 Ownership of Land by Foreign Corporations (14) 193, 210, 248 Governor Appoint Commission on Foreign Corporations
(Senate Resolution No. 8) ---------------------------------- 273, 292, 308

INDEX

333

CROPSAdvances on Growing Crops (13) ------------------------------------------ 116 Advances on Growing Crops (6) ________________________ 152, 161, 173
EXECUTIVE SESSIONS ---------------------------------------------------------- 50-59
JOINT SESSIONSGovernor's Address ----------------------------------------------------------------- 10
MEMBERS, NEWPeacock, J. P. ----------------------------------------------------------------------- 8
MESSAGES, EXECUTIVE ---------------------------------------------------8, 96, 99
MESSAGES, HOU8E-7, 8, 9, 56, 61, 69, 72, 84, 86, 98, 107, 114, 127, 147, 147, 147, 154, 157, 169, 180, 189, 202, 232, 237' 245, 255, 265, 266, 270, 281, 282, 293, 298, 321, 322, 322, 322, 323, 323 ------------------------------------------------------------------- 326
MOTOR VEHICLESPlace Bus Lines Under Public Service Commission (4) 152, 160, 176
PENSIONPay Past Due Pensions to Certain Widows (24) 292, 306, 320
PERSONAL PRIVILEGESenator Foster ----------------------------------------------------------------------- 79 Senator Moye -------------------------------------------------------------------------- 128
PROCLAMATIONBy Governor----------------------------------------------------------------- 3, 129, 139
RAILROADSEliminate Grade Crossings (22) ___________________ 246, 256, 284, 292
REAL ESTATESuperior Court Judges Confirm all Sales (13) 181, 187, 191, 231, 258
REPORTS, SPECIAL COMMITTEESNotify Governor ----------------------------------------------10, 128, 148, 33 0
REPORTS, STANDING COMMITTEESAmendments to Constitution____________________________ 199, 254, 290, 305 Appropriations--------------------------------- 63, 158, 189, 237, 245, 289 Corporations 110, 119, 158, 168, 178, 200, 201, 208, 236, 244, 290, 290 County and County Matters --------------------------------------------------- 110

334

INDEX

Education -------------------------------------------_49, 66, 80, 120, 252, 305 Enrollment --------------------------------------------------------------------------- 327 Finance --------------------------------------------------------------------------19 8, 2 54 General Judiciary No. 1________________________________________________ 179, 225 General Judiciary No. 2 _______________________________________________ 74, 77, 168
Highways--------------------------- 77, 79, 119, 209, 225, 244, 254, 263 Insurance --------------------------------------------------------------------------------- 200 Municipal Government -------------------------------------------------- 90, 159 Pensions ------------------------------------------------------------------------ 225, 306 Ru Ies ----------------------------------------------------------------------------------__ __ 2 66 Special Judiciary --------------------------------------159, 188, 209, 253, 263 State of Republic -------------------------------------------------------------------- 76 University of Georgia and Branches ------------------------------------ 252
SCHOOLS AND SCHOOL LAWSEqualizing Educational Opportunities ( 2) __________________42, 47, 57
Change School Year ( 3) -----------------------------------------------_43, 47, 58 Independent Systems to Merge (5) ______________________________43, 47, 66
Addition to Common School Fund ( 6) ----------------------------------- 53 Barnesville Board of Education (11) _____________________ 91, 111, 126 Barnesville Board of Education (3) ______________________ 152, 162, 172 Trustees of Local Districts to Borrow Money (20)
239, 256, 279, 324 Codify School Laws (21) -----------------------------.239, 256, 283, 324
SECURITIES COMMISSIONTo Amend Act Creating (9) -----------------------------------166, 168, 19 5
STATE HIGHWAYCounties Assign 1c to Highway Board (12) __________181, 188, 230 Commutation Tax for Highways (16) __________________ 211, 227, 241
Reorganize Department ( 19) ----------------------------------------- 226, 243
TAX COMMISSIONERLamar Co., Create (10) -------------------------------------91, 112, 126 Lamar Co., Create (2) -------------------------------------------152, 162, 172
TAXES AND TAX LAWSIncrease Gax Tax to 4% cents per gal. (7) -------------------------- 53 Increase Gas Tax to 4:1;2 cents per gal. (1) ____________________ 151, 161

PART II. SENATE RESOLUTIONS
Secretary to Notify House -------------------------------------------------------7, 146 Committee to Notify Governor -----------------------------------7, 146

INDEX

335

Joint Session of General Assembly ------------------------------------------------ 9 Mrs. Peebles ---------------------------------------------------------------------------------- 39 National Soldiers and Sailors Home at Atlanta -------------------------- 43 A. H. Thompson to Address Senate --------------------------------------------- 44 Senator B. F. Neal ------------------------------------------------------------ 49 Hon. W. E. Candler ----------------------------------------------------------------------- 49 Hon. Clifford McBride --------------------------------------------------------------- 49 Muscle Shoals ------------------------------------------------------------------------ 53, 63 John Guerry ----------------------------------------------------------------------------------- 54 Judge Harry B. Reed ------------------------------------------------------------------ 56 Governor to Amend Call ----------------------------------------------------------------- 56 Hon J. T. Thomas -------------------------------------------------------------------------- 57 Peach Blossom Festival --------------------------------------------------- 58, 61 N. N. Hughes and Party --------------------------------------------------------------- 59 Wm. J. Vereen -------------------------------------------------------------------------- 61 Mrs. Virgil Pannell et al ---------------------------------------------------------------- 82 Adjourn from Thursday to MondaY----------------------------------------------- 87 Hon. A. E. Strother ---------------------------------------------------------------- 89 General Assembly Adjourn Sine Die ------------------------------------------ 106 Hon. J. H. Ennis --------------------------------------------------------------------------- 149 President Coolidge -------------------------------------------------------------------- 153 Relative Mileage of Members ------------------------------------------------154, 163 Highway Bills Special Or'der ------------------------------------------------------- 184 Adjourn Sine Die --------------------------------------------------------------------------- 208 Adjourn Sine Die April 9th---------------------------------------------------------- 260 Rules Committee Take Charge ---------------------------------------------------- 265 Rev. J. W. G. Watkins -------------------------------------------------------------------- 302 President Accept Invitation to Visit Atlanta ------------------------------- 307 Hon. James H. Grant ---------------------------------------------------------------- 325 Courtesies of Civic Organizations --------------------------------------------- 325 Hon. J. Howard Ennis ----------------------------------------------------------- 328 Hon. J. A. Dixon ------------------------------------------------------------------------ 329 Hon. D. F. McClatchey -------------------------------------------------------------------- 329

PART III.

HOUSE BILLS

APPROPRIATIONS-Funds for 12th District A. & M. School (18) ________182, 191, 205 Pay Expenses of Extraordinary Sessions (65a) ----------- 233, 238 Pay Salary of Asst. Comr. of Commerce and Labor (27) 282, 291, 308

336

INDEX

Deficiency in General Printing Fund (H. R. No. 3) 283, 291, 309
CHARTERS AND CORPORATIONS, MUNICIPALMarietta, Paving (20) ----------------------------------------------43, 92, 97 Baxley, Paving (26) ---------------------------------------------------- 73, 81, 88 Jackson, Paving ( 28) ------------------------------------------_74, 112, 125 Baconton, Amend (29) ---------------------------------------------_74, 92, 95 Union City, Paving (27) --------------------------------------------74, 81, 88 Quitman, Paving ( 11) -------------------------------------------99, 111, 12 5 Bainbridge, Paving (32) -------------------------------------99, 111, 125 Swainsboro, Amend (33) -------------------------------------------------------- 115 Commerce, Amend ( 34) ---------------------------------------------------- 115 Millen, Amend ( 35) ------------------------------------------------------------- 115 Louisville, Amend (36) -------------------------------------------------------- 115 Wadley, Amend (37) --------------------------------------------------------------- 115 Swainsboro, Amend (28) -------------------------------------162, 169, 183 Perry, Amend ( 30) ---------------------------------------------162, 169, 183 McRae, Amend (13) -------------------------------------------- 170, 179, 193 Commerce, Amend (25) -------------------------------------171, 179, 194 Adel, Amend (31) ------------------------------------------------171, 180, 194 Homerville, Amend (32) ------'---------------------------------1 71,. 180, 194 Hartwell, Amend (39) ---------------------------------182, 187, 190, 204 Wadley, Amend ( 38) ------------------------------------------------19 2, 202, 212 Millen, Amend (42) -------------------------------------------192, 202, 211 Louisville, Amend ( 37) -------------------'----------------------19 2, 201, 211 Moultrie, Amend (56) ----------------------------------------------203, 210, 227 Savannah, Amend (54) ----------------------------------203, 210, 227, 240 Vidalia, Amend ( 66) -----------------------------------------239, 247, 257 Gainesville, Amend (69) ------------------------------------239, 247, 257 Nashville, Amend (73) ------------------------------------------239, 247, 257 Provide for General Registration in Cities and Towns (6) 246, 256, 268
Warsaw, Amend (79) ------------------------267, 275, 294
a ( Asworth, Amen 77) -------------------------------------------2 67, 27 5, 294
COMMISSIONERS, ROADS AND REVENUESAppling, Amend (25) ---------------------------------------------73, 78, 88

INDEX

337

CORPORATIONS, DOMESTIC AND FOREIGNIssue Non-Par Stock (2) -----------------------------------------170, 178, 193
CONSTITUTIONAL AMENDMENTAmend-Pave Tybee Road (8) -----------------------------------67, 78, 120 Amend-Valdosta, Road Bonds (24) ------------------------------------ 89
Amend-Vital Statistics (14) -------------------------------191, 201, 212 Amend-School Tax in Certain Counties (29) ____ 192, 202, 214 Amend-Valdosta (33) ----------------------------------------19 2, 202, 216 Amend-Mcintosh Co., Issue Bonds (71) ___________ 294, 307, 314 Amend-Governor Borrow Money for Teachers (11)
300, 307, 318 Amend-Authority for Highways (46) ________________300, 307, 317

PENSIONSDiscount Rentals W. & A. R. R. for Payment of Past-Due (1) ------------------------------------------------------------------------57' 64, 69 Discount Rentals W. & A. R. R. Pay Past-Due Pensions, ( 1 ) ------------------------------------------------------------------16 2' 169' 184 Pay Ordinaries $2 Fee for Pension Work (36) --~-282, 291, 310 Pay Past-Due Pensions to Certain Widows (24) ------------------- 292
RELiEF OF SURIETIESCharlie Sharpe -----------------------------------------------------------70, 75, 79 R. R. Tucker ----------------------------------------------------------233, 242, 259
SCHOOLS AND SCHOOL LAWSEqualize Educational Opportunities (2) ______________67, 75, 82, 84 Marietta, Amend ~ystem (21) -----------------------------73, 81, 87 Independent to Merge ( 17) -----------------------------------74, 81, 97 Ga. Normal School at Statesboro, to Borrow Money (House Resolution No. 5) ------------------------------------------233, 236, 268 Levying Education Tax (65) -----------------------233, 236, 260, 311 Change School Year (22) -------------------------------------293, 307, 314
SERVICE BUREAUTo Amend Act, Creating (21) ----------------------------233, 236, 248
TAXES AND TAX LAWSInheritance Tax, Amend (7) -----------------------------182, 187, 190 General Tax Act, Insurance (41) ____________________192, 201, 204, 228 Tax on Cigarettes and Cigars (62) -----------------------246, 256, 267
UNIVERSITY OF GEORGIA AND BRANCHESNormal School at Americus (23) ---------------- 246, 256, 269, 275

338

INDEX

PART IV. HOUSE RESOLUTIONS

Tugalo River, Non-Navigable -------------------------------------------------------- 63 National Soldiers and Sailors Home ---------------------------------------------- 68 Muscle Shoals ------------------------------------------------------------------ 68, 78 Adjourn from Thursday to Monday------------------------------------------------ 87 Adjourn Sine Die -------------------------------------------------------------------- 127 Pension Commissioner to Furnish Data--------------------------------------- 163 Mrs. Maud Barker Cobb -------------------------------------------------------------- 163 Investigate Freight Rates on Gasoline ------------------------------------------ 183 Officials Remain Five Days ----------------------------------------------------- 267 Adjourn Sine Die, April 15th------------------------------------------------------ 27 6 Forestry Work in Georgia ----------------------------------------------------------- 325 Printing of Journals ------------------------------------------------------- 325 Paying Pensions to Certain Veterans ------------------------------------------- 326 Ready to Adjourn Sine Die -------------------------------------- 327 Notify Governor ---------------------------------------------------------------------------- 327

ACTS AND RESOLUTIONS
OF THli
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
AT ITS
EXTRAORDINARY SESSIONS
FIRST, FEBRUARY 24th,1926, TO MARCH 18th, 192 SECOND, MARCH 19th, 1926, TO APRIL 15th, 192E
COMPILED AND PUBLISHED BY AUTHORITl OF THE STATE
J!l2fl BYRD PRIXTIXG CO.,
:-;tRte Printers ATLANTA. Ga.

TABLE OF TITLES
PART I.-PUBLIC LAWS
TITLE __________ I.-APPROPRIATIOXS.
" ---------- II.-TAXATIOX.
___ . ______ III.-Al\IEi'{Dl\IENTS TO COXSTITU~ ___ IY.-ED"CCATIOK--8CHOOL LAWS.
_... ______ . Y.-l\USCELLAXEOUS CIVIL LA\YS.
PART H.-LOCAL AND SPECIAL LA'
TITLE _________ I.-COUNTY MATTERS. ___ 11.-:\IUXICIPAL CORPORATIOKR.
PART IlL-RESOLUTIONS

PART I.-PUBLIC LAWS.
I.-APPROPRIATIONS. H.-TAXATION. III.-AMENDMENTS TO CON: IV.-EDUCATION-SCHOOL: V.-MISCELLANEOUS CIVIl

STATUTES OF GEORGIA
PASSED BY THE
GENERAL ASSEMBLY
AT THE
Extraordinary Sessions of 1926
First, February 24, 1926, to March 18, 1926 Second, March 19, 1926, to April 15, 1926
PART I.-PUBLIC LAWS
TITLE I.
APPROPRIATIONS
ACTS Expenses of Extraordinary Sessions. Salary of Assistant Commissioner of Commerce and Labor. Twelfth District School Administration Building.

8

PART I.-TITLE I.-APPROPRIATIONS.

EX!>enses of Extraordinary Session

EXPENSES OF EXTRAORDINARY SESSION No. 28, S:mco~"D S:mUION

An Act to make appropriations for the expenses of the Extraordinary Session of 1926.

Appropriation enaet-
ment.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the sums of money herein set out, or so much thereof as may be needed, be and the same are hereby appropriated for the expenses of the Extraordinary Session of 1926, to be paid in the same manner as similar expenses are paid for the regular session of the General Assembly, towit:

Section 1. Senate.

Senate. President.
Mlleaare.

Subsection 1. Officers and members, Items:

(a) For the compensation of the President of the Senate, per diem . . . . . . . . . . .

10.00

(b) For the compensation of the memberl:l

of the Senate, per diem ......... .

7.00

In addition to the above sum the Pre-

sident and Members of the Senate

shall receive mileage at the rate of ten

cents per mile.

Subsection 2. Employees. Items:

lellretary.
Doorkeeper. Mlleaare.

(a) For the compensation of the Secretary of the Senate, per diem ........... .
(b) For the compensation of the Messenger of the Senate, per diem ........... .
(c) For the compensation of the Doorkeeper of the Senate, per diem ..... . In addition the Doorkeeper and 1\'Iessenger of the Senate shall receive the same mileage as the members of the Senate.

60.00 7.00 7.00

PART I.-TITLE I.-APPROPRIATIONS.

9

Expenses of Extraordinary Session

Section 2. House of Representatives.

Subsection 1. Officers and Members. Items:

House.

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

Speaker.
10.00

(b) For the compensation of members of the House of Representatives, per diem ............................ .
In addition to the above sum the Speaker and members of the House of Representatives shall receive mileage at the rate of ten cents per mile.

Members.
7.00
Mileage.

Subsection 2. Employees. Items:
(a) For the compensation of the Clerk of the House of Representatives, per diem ............................ .
(b) For the compensation of the Messenger of the House of Representatives, perdiem ......................... .
(c) For the compensation of the Doorkeeper of the House of Representatives, per diem .................... . In addition the Messenger and Doorkeeper of the House shall receive the same mileage as the members of the House of Representatives.
(d) For the incidental expenses of the House of Representatives ......... .
(e) For the incidental expenses of the Senate........................... .
(f) For indexing the Journals of the House of Representatives ......... .
(g) For indexing Journals of the Senate ..

Clerk.
70.00
Me:5senger.
7.00
Doorkeeper.
7.00
Mileage.

Incidental ex
125.00 penses.

100.00

125.00

Indexing Journals.

125.00

10

PART I.-TITLE I.-APPROPRIATIONS.

Salary of Assistant Commissioner of Commerce and Labor.

Printing, supplies, repairs.
Assistants.
Printing of Manuals.

(h) For printing, stationary, supplies, furniture, repairs, for the General Assembly and for repairing and operating the amplifier in the Hall of the House or so much thereof as may be necessary. . . . . . . . . . . . . . . . . . . . . . . . .

4,000. 00

(i) For compensation of assistant doorkeepers, assistant messengers, and other attaches of the House, and of the Senate, not otherwise provided for, such sums as may be authorized by resolution of either branch of the General Assembly.

(j) For the printing of the 1925-1926 JVianuals, or so much thereof as may be necessary. . . . . . . . . . . . . . . . . . . . . . .

500 . 00

Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Approved April 10, 1926.

SALARY OF ASSISTANT COMMISSIONER OF COMMERCE AND LABOR.
No. 35, SEcoND SEssiON.
An Act to appropriate the increased salary of the Assistant Commissioner of Commerce and Labor from August 27, 1925, to December 31, 1925, as provided for in the Acts of 1925, page 141.

$208.06 pay.
able immediately.

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 the sum of two hundred and eight dollars and six cents ($208.06) be and the same is hereby appropriated for the payment of the increased salary due and unpaid of the Assistant Commissioner

PART I.-TITLE 1.-APPROPRIATIONS.

11

Twelfth District School Administration Building.

of Commerce and Labor, from August 27, 1925, to December 31, 1925, as provided for by an Act approved August 27th, 1925, page 141, and that said sum shall immediately become available out of the general fund of the State Treasury.
Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 17, 1926.

TWELFTH DISTRICT SCHOOL ADMINISTRATION BUILDING.

N'o. 11, SEcoND SEssiON.

An Act to appropriate to the trustees of the University of Georgia for the use and benefit of the Twelfth District A. & M. School at Cochran, the sum of ninetyfive thousand dollars, to build and equip an administration building to replace the building recently

destroyed by fire, and for other purposes.

Section 1. Be it enacted by the General Assembly

of the State of Georgia, and it is hereby enacted by au-

$95,000 to build and

thority of the same, that there is hereby appropriated equip.

to the trustees of the University of Georgia, for the use

and benefit of the Twelfth District A. & M. School at

Cochran, the sum of ninety-five thousand dollars, to be

used in building and equipping an administration build-

ing to replace the building recently destr.oyed by fire.

Sec. 2. Be it further enacted, that the above amount

shall be available immediately upon the passage of this bill, and shall be paid from the treasury of Georgia, upon Available warrant drawn by the Governor; provided, however, immediately, that only such amounts be drawn as are required during process of erection and completion of said building.

Sec. 3. Be it further enacted, that all laws or parts of laws in conflict herewith are hereby repealed.

Approved April 1, 1926.

12

PART I.-TITLE Il.-TAXATION.

CfJrar and Cfsarette Ta&

TITLE II.
TAXATlO~
ACTS Cigar and Cigarette Tax. Estate and Inheritance Taxes. Exempting School Property from Tax. Insuran1111 Agents, Oecupatinn Tax on.
CIGAR AND CIGARETTE TAX.
No. 27, SEcoND SEsSION.
An Act to amend an Act approved December 19, 1923, amendatory of an Act approved August 15, 1923, providing for an occupation tax on dealers in cigars and cigarettes, by amending the caption of said Act of December 19, 1923, by striking therefrom the words ''so as to provide that the expenses of carrying out the provisions of said Act shall be defrayed out of the fundi collected thereunder, and for other purposes," and substituting in lieu thereof the following: 11so as to provide for the collection of said tax by the Commissioner of Revenue of the State of Georgia, to require the use of stamps as evidence of the payment thereof, and to prescribe the method of using same, and for other purposes," by striking from said Act of December 19, 1923, all of sections one, two, and three, and substituting in lieu thereof the following: usection 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August

PART I.-TITLE !I.-TAXATION.

13

Cigar and Cigarette Tax.

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 building and equipping new buildings for the State Tuberculosis Sanitorium at Alto, and for the purpose of paying persons now due and to become due under the Acts of August 5th, 1919, August 18th, 1919, and August 19th, 1919, and for other purposes; be and the same is hereby amended by striking all of paragraph (b) of Section one, and inserting in lieu thereof the following: (b) Each dealer shall pay said tax to the Commissioner of Revenue of the State of Georgia, who shall 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 cemtainer 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, and for other purposes."'
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the Act of 1~21 same, that the caption of an Act approved December amended. 19, 1923, amendatory of an Act approved August 15, 1923, providing for an occupation tax on dealers in cigars and cigarettes, be and the same is hereby amended by striking from said caption the words, "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," and substituting in lieu thereof the following: "so as to provide for the collection

14

PART I.-TITLE 11.-TAXATION.

Cigar and Cigarette Tax.

of said tax by the Commissioner of Revenue of the State

of Georgia, to require the use of stamps as evidence of

the payment thereof, and to prescribe the method of

using same, and for other purposes."

Sec. 2. Be it further enacted that the Act approved

December 19, 1923, amendatory of an Act approved

August 15, 1923, providing for an occupation tax on

dealers in cigars and cigarettes, be and the same hereby

amended by striking all of sections one, two, and three

of said Act of December 19, 1923, and substituting in

Substitute section.

lieu thereof the following: "Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That

the Act approved August 15, 1923, entitled 'An Act to

levy a tax upon dealers in cigarettes and cigars; to pro-

vide 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 counter-

feiting 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 building and equipping new buildings for the

State Tuberculosis Sanatorium at Alto, and for the pur-

pose of paying pensions now due and to become due under

the Acts of August 5th, 1919, August 18th, 1919, and

August 19th, 1919, and for other purposes,' be and the

same is hereby amended by striking all of paragraph

(b) of Section One, and inserting in lieu thereof the fol-

Tax pay- lowing: '(b) Each dealer shall pay said tax to the ment Stamps. Commissioner of Revenue of the State of Georgia, who

See 158 Ga. shall furnish to such dealer stamps of such design and
633.
denominations as may be prescribed by said Commis-

sioner of Revenue; and it shall be the duty of each dealer

to affix to each package of cigarettes and each box, pack-

age, 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."'

PART I.-TITLE !I.-TAXATION.

15

Estate and Inheritance Taxea.

Sec. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 10, 192fJ.

ESTATE AND INHERITANCE TAXES

No. 10, SmcoND SmssxoN

An Act to amend an Act approved August 27, 1925, entitled, "An Act to assess and collect from estates in Georgia, subject to Federal Estate Taxes, 25 per cent of the amount found to be due as Federal taxes, for State Inheritance taxes; to provide how the same shall be determined and collected; to provide for taxing estates not returned within 12 months from the death of the decendent i to provide that no additional inheritance or estate tax shall be levied by the State; and for other purposes," by inserting between the words (/may" and udie" in the fifth line of Section 1
of said Act the word "hereafter," by substituting for the word "twenty-five" in the sixteenth line of Section 1 of said Act the word 11eighty,U by adding at the end of Section 4 of said Act the words, "and shall bear interest at the rate of one per cent. per month until paid.'' by inserting. between the words "estates" and "under" in Section 5 of said Act the words, "of persons dying after the passage of this Act;" and for other
purposes.

Section 1. Be it enacted by the General Assembly of

Georgia, and it is hereby enacted by authority of the

same, that from and after the passage of this Act the

Act approved August 27, 1925, entitled "An Act to as-

sess

and

collect from

estates in Georgia,

subject

to Fed-

Act of 1116 amended.

eral Estate taxes, 25 per cent. of the amount found to

be due as Federal taxes, for State Inheritance taxes; to

provide how the same shall be determined and!collected;

to provide for taxing estates not returned_within 12

16

PART I.-TITLE II.-TAXATION.

Estate and Inheritance Taxes.

months from the death of the decedent; to provide that no additional inheritance or estate tax shall be levied by the State; and for other purposes," be amended in the following particulars:

(I) That Section 1 of said Act be amended by insert-

ing between the words "may" and "die" in the fifth line

thereof the word "hereafter," and by substituting for

the word "twenty-five" in the sixteenth line thereof the

To be read. word "eighty," so that when amended said Section shall

Sec. 1.

read as follows: "Section 1. Be it enacted by the General

Assembly of Georgia, and it is hereby enacted by the

authority of the same, that from and after the passage

of this Act it shall be the duty of the legal representative

Duty of legal of the estate of any person who may hereafter die a resi-

representa-

tive.

dent of this State, and whose estate is subject to the pay-

ment of a Federal Estate tax, to file a duplicate of the

return which he is required to make to the Federal au-

thorities, for the purpose of having the estate taxes de-

termined, with the State Tax Commissioner. When such

duplicate is filed with the said officiaL he shall compute

the amount that would be due upon said return as Federal

Estate Taxes under the Act of Congress relating to the

leYy and collection of Federal Estate Taxes upon the

property of said estate taxable in Georgia, and assess

against said estate as State inheritance taxes eighty per

centum of the amount found to qe due for Federal Es-

tate Taxes.

Sec. 4. InterE-st on
exE~eution.

(2) That Section 4 of said Act be amended by adding at the end thereof the words, "and shall bear interest at the rate of one per cent. per month until paid," so that when amended said section shall read as follows: "Section 4. Be it further enacted, that whenever the legal representative of any estate taxable under this Act fails to pay the amount assessed against said estate, within six months after notice from proper authority as to the amount to be paid, it shall be the duty of the Tax Collector of the County of the administration to issue execution for the amount of such tax against said estate,

PART I.-TITLE H.-TAXATION.

17

Exempting School Property from Tax.

which execution shall be enforced by levy and sale, and shall bear interest at the rate of one per cent. per month until paid."

(3) That Section 5 of said Act be amended by insert-

ing between the words "estates" and "under" the words,

"of persons dying after the passage of this Act," so that

when amended said Section shall read as follows: Section Sec. 5.

5.

Be it further

enacted that there shall be no

other

Future application.

inheritance tax assessed or collected out of estates of per~

sons dying after the passage of this Act, under the laws

of this State."

Sec. 2. All laws and parts of laws in conflict with this See 156 Ga.

Act be and the same are hereby repealed, except in so

601. 159 Ga. 162.

far as they may be applicable to estates of persons who

died before its approval.

Approved March 31, 1926.

EXEJ\IPTING SCHOOL PROPERTY FROM TAX.

K 0. 34, SECOND SESSION.

An Act to amend an Act to codify the school laws of Georgia, in compliance with the provisions of the Act entitled an Act to empower the State Superintendent of Schools, Attorney-General, the Chairman of the Senate and House Committee on Education, to codify the school laws, and for other purposes, approved July 20, 1918, by striking Section 116 of said Act and inserting in lieu thereof a new Section to be designated Section 116, to provide for the exemption of certain school property from taxation, from levy and sale under execution or order, and for other purposes.

Section 1. Be it enacted by the General Assembly of

the State of Georgia, and it is hereby enacted by authority

of the same, That from and after the passage of this Act,

Section 116 of the Act approved July 20th, 1918, entitled,

Act of 1918 amended.

".-\.n Act to codify the school laws of Georgia, in com-

18

PART I.-TITLE !I.-TAXATION.

Insurance Agents; Occupation Tax On.

pliance with the provisions of the Act entitled an Act to

empower the State Superintendent of Schools, the At-

torney-General, the Chairman of the Senate and House

Committee on Education, to codify the school laws, and

for other purposes," be stricken from said Act, and that

a new Section in lieu of said striken Section be substi-

tuted, bearing the same number, and in the following

Substitute Sec. 116.

language, to wit: "Section 116. Each and every lot or

.parcel of land which has been or may hereafter be ob-

tained by any County Board of Education, Independent

School District, or Consolidated School District for the

use of the Common Schools, or Common High Schools,

together with any buildings erected thereon for school

Land exempted.

purposes,

and all school furniture,

shall be exempt from

levy and sale under any execution or other writ or order

Limitation. in the nature of an execution; provided, the lot of land so exempted shall not exceed ten acres; and if there be

any excess over that number of acres, then that portion

not to exceed ten acres most convenient for school pur-

poses shall be exempt as aforesaid, the exempted portion

to be set off by order of County Board of Education, or

Boards of Trustees of Independent School Systems, or

Consolidated School Districts.''

Sec. 2. Be it further enacted by. authority aforesaid, That all laws and parts of laws in conflict with the provisions of this .Act be and the same are hereby repealed.

Approved April 17, 1926.

INSURANCE AGENTS, OCCUPATION TAX ON.
N 0. 18, SECOXD SESSION.
An Act to amend paragraph 61 of section 2 of the General Tax Act approved December 19, 1923, as amended by the Act approved August 26, 1925, entitled An Act to provide for the collection of the special or occupation tax imposed by law upon insurance agents, and for other purposes.

PART I.-TITLE Il.-TAXATION.

19

Insurance Alrents; Oceupatilm 'l"ax On.

Section L Be it enacted by the General Assembly of

~he State of Georgia, and it is hereby enacted by autho-

Act of 19!18 amended.

rity of the same, That paragraph 61 of section 2 of the

General Tax Act approved December 19, 1923, as amend-

ed by the Act approved August 26, 1925, entitled an Act

to provide for the collection by the Insurance Commis-

sioner of the special or occupation tax imposed by law

upon insurance agents, be and the same is hereby amend-

ed by striking, after the word crbumness" in line six of

the first paragraph of said paragraph 61, the following

words, to wit: "Provided, this shall not apply to the

agents of mutual fire associations or companies operating

solely on mutual obligations," so that said first paragraph

of paragraph 61 of section 2 of said Act, when so amended,

shall read as follows: "Paragraph 61. Insurance 'l"o be read.

Agents. Upon each local insurance agent doing business

in this State, and upon each and every solicitor or sub-

agent

for

any

resident

or

non-resident

company

doing

Local agents and solicitors

business in this State, $10.00 for each county in which t&xed.

they shall transact or solicit insurance business."

Sec. 2.

Be it further

enacted by the authority

afore-

See :Hoover v. Pitta (11!1

;said, That all laws and parts of laws in conflict with this

(&), decided April 19,

Act be and the same are hereby repealed.

1926.

Approved April 3, 1926.

20 PART I.-TITLE III.-AMENDMENTS TO CoNSTITUTION.
Additional School Tax for County with City of 200,000 Population.

TITLE III.

AMEXDMENTS TO CoxsTITUTION.

ACT::-> Additional 8chool Tax for County with City of 200,000 Population. Chatham Public Road Bonds. Lowndes County Bond Issue for College. Mcintosh County Bonded Debt. Records of Vital Statistics. State Bond Increase to Pay Teachers. State Highway System.

ADDITIONAL SCHOOL TAX FOR COUNTY WITH CITY OF 200,000 POPULATION

No. 12, SEcOND SEssroN.

An Act to amend paragraph 2 of section 6 of article 7 oJ the Constitution of this State.

Be it enacted by the General Assembly of Georgia:

Section 1. That the following amendment to the

Art. 7, Sec. 6, par. 2.

Constitution of this State is hereby proposed, to wit

6562.

By adding to paragraph 2 of section 6 of article 7 of thE

Constitution the following words, to wit: "Further-

more, in any county in this State. which has wholly 01

partly within its boundaries a city of not less than 200,00(

population, the county authorities thereof are hereb)'

Tax levy authorized.

authorized to levy a tax not exceeding 1 mill for educa-

tional purposes, on all the taxable property throughou1

the entire county, including territory embraced in inde-

PART I.-TITLE IlL-AMENDMENTS TO CONSTITUTION. 21
Additional ll!hool Tllll. for Count~' with Cit~' of 2011,000 Population.
1endent school systems, the same to be appropriated to he use of the county board of education and to educaional work directed by them."
Sec. 2. This proposal being agreed upon by two third" ~f the members elected to each of the two houses of the }eneral ..>\ssembly, the same shall be entered on their ourna.ls with the yeas and nays taken thereon.; and the }overnor is hereby directed to cause such amendment
1r amendments to be published in one or more news>apers in each congressional district for two months PubU&tion.
lrevious to the time of holding the next general election. \.t said election said proposed amendment shall be sub-
rutted to the people qualified to vote thereon. Those
iesiring to vote in favor of the same shall have written >r printed upon their ballots the words, "For the consti- Ballnta. :utional amendment authorizing taxation for educational ~urposes in counties having cities of more than 200,000 ;>opulation wholly or partly within their boundaries!' fhose desiring to vote against the ratification of the tmendment shall have written or printed on their ballots Ghe words, "Against the constitutional amendment !!.Uthorizing taxation for educational purposes in counties !laving cities of more than 200,000 population wholly or partly within their boundaries." If the people ratify such !l.mendment or amendments by a majority of the electors ~ualified to vote for members of the General Assembly, voting thereon, such amendment or amendments shall become part of the Constitution of this State. The returns of the election shall be made in like manner as Returns. teturns for members of the General Assembly, and it 3hall be the duty of the Secretary of State to ascertain ~he result and to certify the result to the Governor, who 3hall, if such amendment be ratified, make proclamation Ghereof.
Sec. 3. Be it further enacted by the authority afore-
3aid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 2, 1928.

22 PART I.-TITLE IlL-AMENDMENTS TO CoNSTITUTION.
Cllatham Pulllle Road Bonds.
CHATHAM PUBLIC ROAD BONDS.
No. 9, FIRST S:mssioN.
An Act to propose to the qualified voters of the State o Georgia an amendment to the Constitution of th State of Georgia, to amend Article 7, Section 7, Para graph 1, of the Constitution of the State of Georgia, B.! amended, by adding thereto the following words Provided, the County of Chatham in this State car issue and sell, from time to time, bonds for the prepa ration for the paving and for the paving of Victor~ Drive, the road to Tybee, a public road of said County from the end of the present asphalt paving thereon a Thunderbolt, or Warsaw, to the beginning of thl present asphalt paving at Tybee, with concrete and/o: asphalt and/or other suitable material, without thl said assent of two thirds of the qualified voters at a1 election ~alled therefor, but upon a three-fifths vot4 of the Commissioners of Chatham County and Ex officio Judges, with these limitations: First, the bond1 shall be serial bonds, to be retired annually withil:t f term of not to exceed ten years, bearing a rate of in terest not to exceed five per cent. per annum, but other wise in form fixed by said Commissioners; second, thl amount of such issue shall not exceed the contmc price bid for such preparation for and/or paving, by thl lowest responsible bidder, upon competitive proposals after previous advertisement once a week for four week1 inviting such proposals; provided, nevertheless, sai< Commissioners may use convict labor to prepare and/oJ pave said road, in whole or in part, together with o: apart from any contract therefor; third, the principa and interest of said bonds shall be first paid by reason able tolls, which are hereby authorized to be impose< and collected by said Commissioners, for the use of sai< road and its bridges, and only the deficiency, if any, o such tolls to meet such payments and the cost of main taming said road and its bridges shall be paid out ol

PART I.-TITLE TIL-AMENDMENTS TO CONSTITUTION. 23
Chatham Poblm Boad Bonds.

other funds of said County during the term of said bonds; fourth, such indebtedness when incurred shall not be considered in determining the power of said County to incur any other bonded indebtedness," and for other purposes.

Be it enacted by the General Assembly of the State Georgia and it is hereby enacted by authority of the ~me, as follows:

Section 1. That Article 7, Section 7, Paragraph 1,

~ the Constitution of this State, as amended, be amended

Art. 7, Sec. 7, par. 1.

y- adding thereto the following language: "Provided, 111113.

te County of Chatham in this State can issue and sell,

:om time to time, bonds for the preparation for the pav- Bond Issue.

tg and for the paving of Victory Drive, the Road to

'ybee, a public road of said County, from the end of the

resent asphalt paving thereon at Thunderbolt, or War-

lW, to the beginning of the present asphalt paving at

of 'ybee, with concrete and/or asphalt and/or other suit-
ole material, without the said assent of two thirds

1e qualified voters at an election called therefor, but

pon a three fifths vote of the Commissioners of Chatham

ounty and Ex-officio Judges, with these limitations:

irst, the bonds shall be serial bonds, to be retired annual-

' within a term of not to exceed ten years, bearing a rate

Bonds, llmi tations.

~ interest of not to exceed five per cent. per annum, but

therwise in form fixed by said Commissioners; second, the

mount of such issue shall not exceed the contract price

id for such preparation for and/or paving, by the lowest

lSponsible bidder, upon competitive proposals, after

revious advertisement once a week for four weeks in-

iting such proposals, provided, nevertheless, said Com-

Lissioner may use convict labor to prepare and/or pave

tid road, in whole or in part, together with or part from

rry contract therefor; third, the principal and interest

f said bonds shall be first paid by reasonable tolls, which

re hereby authorized to be imposed and collected by

tid Commissioners, for the use of said road and' its

24 PART I.-TITLE III.-AMENDM.ENT& TO CoNSTITUTION.
Chatham Publie Road Bonds.

bridges, and only the deficiency, if any, of such tolls to
meet such payments, and the cost of maintaining said
road and its bridges shall be paid out of other funds of
said County during the term of said bonds; fourth, such indebtedness when incurred shall not be considered in determining the power of said County to incur other
bonded indebtedness!'

Publication.

Sec. 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the
General Assembly, and the same has been entered on their journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next General election.

Election. Ballots.

Sec. 3. Be it further enacted by the authority afore-
said, that the above proposed amendment shall be submitted for ratification or rejection to the electors of this state at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution, au-
thorizing Chatham County to issue bonds to pave the Road to Tybee;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of the amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution, authorizing Chatham County

PART I.-TITLE 111.-AMBNDMENTS TO CoNSTITUTION. 25
Lowndes CountJ' Bood Issue for College.
to issue bonds to pave the road to Tybee.'' If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification of said proposed amendment, when the results shall be consolidated as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of this State; and if ratified, the Governor shall, when he ascertains such ratifiCation from the Secretary of State, to whom the Retums. returns shall be referred in the manner provided as in elections for members of the General Assembly, to count and ascertain the results, make his proclamation of the result by publication in one of the daily papers of this state, announcing such result, and declaring the amend-
and::. ve ment ratified. The said, when, shall be self-executing aeu ti
and cumulative of the authority of said County to vote upon and issue bonds as provided in Article Beven (7), Jative. Section Seven (7), Paragraph One (1), of the Constitu. tion.
Sec. 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this .\ct be and the same are hereby repealed.
Approved March 19, 1926.
LOWNDES COUNTY BOND ISSUE FOR
COLLEGE.
No. 16, SEcOND SESSION.
An Act to propose to the qualified voters of this State an Amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of Georgia, authorizing the County of Lowndes, or the City of Valdosta, or both, to increase the bonded indebtedness

26 PART I.-TITLE Ill.-Al\IEND:v!ENTS TO CONSTITUTION.
Lowndes County Bond Issue for Collt.t:n~.

of said County of Lowndes, or City of Valdosta, or both, for the purpose of aiding in the establishing, maintaining, or endowing an educational institution of college rank, located or to be located within said County, whether same be owned or controlled by the State, County, or City, or not owned or controlled by the State, County, or City, and as memorial to Woodrow Wilson; provided said educational institution be non-sectarian and non-denominational.

Section 1. Be it enacted by the General Assembly,

and it is hereby enacted by authority of the same, that

Article Seven (7), Section Seven (7), Paragraph One (1),

Art. 7. Sec. 7, par. 1.

of the Constitution of Georgia be and the same is hereby

6663. Bonded debt

amended by adding thereto the following words:

"And

of county or city, for col-

except that the County of Lowndes or the City of Val-

lege.

dosta or both may incur a bonded indebtedness in addi-

Proviso. tion to the debts hereinbefore in this paragraph allowed

to be incurred, in an amount in the aggregate not exceed-

ing one million ($1,000,000.00) for the purpose of aiding

in establishing, maintaining, or endowing an educational

institution of college rank, located or to be located within

said county, whether same be owned or controlled by

the State orCounty or City or not owned or controlled

by the State or County or City, and as a memorial to

Woodrow Wilson, provided said educational institution

be non-sectarian and non-denominational, and provided

that such indebtedness shall not be incurred except with

the assent of a majority of the qualified voters of said

county or said city, as the case may be, and the assent

of two thirds (2-3) of the qualified voters of said county

or of said city, as the same may be, actually voting at an

election, or elections, for the purpose to be held as may

now or may hereafter be prescribed by law for the pur-

pose of incurring new debts by any county or munic-

ipality within this State. In the event this amendment

be ratified and becomes a part of the Constitution, and

in the event the bonds provided for are authorized,

validated, and sold as provided by law by said County of

PART I.-TITLE III.-AMENDMENTS TO CoNSTITUTION. 27
Lowndu Count:v Bond Issue for College.
Lowndes or the City of Valdosta or both, the County Commissioners of Roads and Revenues of said. County, or the Mayor and Council of said City of Valdosta, as the case may be, umy pay over the proceeds of the sale of said bonds to the Board of Trustees of such educational institution.
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment be agreed to by two thirds (2-3) 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 Publi&lion. newspapers in each congressional district of this State for two months previous to the time for holding the next general election, and shall at the next general election Election. be submitted to the people for ratification. All persons voting at said election in favor of adopting the said pro- Ballots.
posed 1m1endment to the Constitution shall have written
or printed on their ballots the words, "For ratification of amendment to Article Seven, Section Seven, Paragraph One of the Constitution, authoriaing the County of
Lowndes or the City of Valdosta, or both, to increase
the bonded indebtedness of said County of Lowndes, or the City of Valdosta, or both, for the purpose of aiding in est.ablishing, maintaining, or endowing an educational institution of college rank," 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 Article Seven, Section Seven, Paragraph One of the Constitution, authoriling the County of Lowndes or the City of Valdosta or both to increase the indebtedness of said County of Lowndes or the City of Valdosta, or both, for the purpose in aiding in establishing, maintaining, or endowing an educational institution of college rank," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consoliated as now required by law in elections for members of the General Assembly, then

28 PART I.-TITLE IlL-AMENDMENTS TO CONSTITUTION.
Mcintosh County Bonded Debt.
said amendment shall become a part of Article Seven, Section Seven, Paragraph One, of the Constitution of the State, and the Governor shall make proclamation therefor as provided by law.
Sec. 3. Be it further enacted, that all laws or parts of laws in conflict herewith are repealed.
Approved April 2, 1926.

MciNTOSH COUNTY BONDED DEBT.

No. 38, SECOND SESSION.

An Act to propose to the qualified voters of this State an amendment to Article Seven (7), Section Seven (7), Paragraph One (1), of the Constitution of Georgia, authorizing the County of Mcintosh to incre.ase the bonded indebtedness of said County of Mcintosh, for educational purposes and also for the purpose of paying off any indebtedness that now exist or may hereafter exist against the Board of Education of Mcintosh County.

Section 1. Be it enacted by the General Assembly of

the State of Georgia, and it is hereby enacted by au-

thority of the same, that Article Seven (7), Section Seven

Art. 7, Sec. 7, par. 1.

(7),

Paragraph One

(1),

of the Constitution of Georgia

6662.

be and the same is hereby amended by adding thereto

the following words: "Except that the County of Mc-

Intosh may incur a bonded indebtedness in addition to

the debts hereinbefore in this paragraph allowed to be

incurred, in an amount in the aggregate not to exceed

Bonded debt.

fourteen (14%) per centum of the taxable value of said county as shown by the tax-digest, for educational pur-

Purposes.

poses and also for the purpose of paying off any indebtedness that now exist or may hereafter exist against the

Proviso. Board of Education of Mcintosh County; provided that

PART I.-TITLE III.-AMENDMENTS TO CONSTITUTION. 29
:Melntllllh Count7 Bonded Debt.

such bonded indebtedness shall not be incurred except

with the a.ssent of a majority of the qualified voters of

said county, and the a.ssent of two thirds of the qualified

voters of said county, actually voting at an election, or

elections, for that purpose to be held as may now or may

hereafter be prescribed by law for the purpose of incurring

new debts by any county or municipality within this

State. In the event this amendment be ratified and be.,.

comes a part of the Const.itution, and in the event the

bonds provided for are authorized, validated, and sold

as provided by law by the said County of Mcintosh, the

County Commissioners of Mcintosh County shall

pay

Pa7ment or proeeeds.

over the proceeds of the sale of said bonds to the Board

of Education of Mcintosh County for the purpose herein

named.

Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment be agreed to by 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 newspaper in each Congressional District of this State Publication. for two months previous to the time for holding the next General election, and shall at the next general election be Election. submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article Se,en, Section Seven, Paragraph
One, of the Constitution, authormng the County of Mcintosh to increase its bonded indebtedness for educational purposes,'' and all persons voting at said election opposed to the adoption of said amendment shall have written or printed on their ballots the words, uAgainst ratification of amendment to Article Seven, Section Seven, Paragraph One, of the Constitution, authoriaing the Cilunty of Mcintosh to increase its bonded indebtedness for educational purposes," and if R mRjority of the electors qualified to vote for members of the General

30 PART I.-TITLE 111.-AMENDMENTS TO CONSTITUTION.
Records of Vital Statistics.
Assembly, voting thereon, shall vote for ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article Seven, Section Seven, Paragraph One, of the Constitution of this State, and the Governor shall make proclamation therefor as provided by law.
Sec. 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed.
Approved April 17, 1926.

RECORDS OF VITAL STATISTICS.

No. 17, SEcOND SEsSION.

An Act to amend paragraph two of section six of article seven of the Constitution of the State of Georgia, and for other purposes.

Section 1. The General Assembly of the State of

Georgia hereby proposes to the people of Georgia the

following amendment to the Constitution of the State of

Georgia, to wit: That paragraph two of section six of

Art. 7, Sec. 6, article seven be amended by adding at the end of said

par. 2. 6662.

section, after the clause, "and to provide for necessary

Clause added. See 160 Ga.

sanitation," the following words, to wit: "and for the col-

867.

lection and preservation of records of birth, death, disease,

and health."

Sec. 2. Be it further enacted by the authority aforesaid, That if the above proposed amendment to the Constitution shall be agreed to by two thirds of the members elected to each of the two Houses of the General Assembly the same shall be entered on their Journals, with the yeas and nays taken thereon, and the Governor shall cause

PART I.-TITLE III.-AMENDMENTS TO CONSTITUTION. 31
State Bond Increue to Pa:r 'l'eacher~1.
the said amendment to be published in one or more newspapers in each congressional district of the State for Publication. two months before the next general election; and the Governor is hereby authorized and directed to provide for the submission of said amendment to the people at said election. The persons voting at said election in Election. favor of said amendment shall have on their ballots the words~ "For ratification of amendment to Article7, Section Ballots. 6, Paragraph 2, of the Constitution, providing for the collection and preservation of records of birth, death, disease, and health." The persons opposed to this amendment shall have on their ballots the words: ''Against ratification of amendment to Article 7, Section 6, Paragraph 2, of the Constitution, providing for collection and preservation of records of birth, death, disease, and health." If a mar jority of the electors qualified to vote for members of the General Assembly, voting thereou, shall vote for ratification of said amendment, the Governor, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as lletuma. in cases of elections of members of the General Assembly, to count and ascertain the result, shall issue his proclamation for one insertion in one daily newspaper of the State, announcing the result and declaring the ratification of said amendment.
Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved AprilS, 1926.

STATE BOND INCREASE TO PAY TEACHERS

No. 40, SECOND SEssiON.

The General Assembly proposes to the people of Georgia Art. '1', Sec. II,

to amend Article 7, Section 3, Paragraph 1, of the Con-

par. 1. 65511.

32 PART I.-TITLE IlL-AMENDMENTS TO CONSTITUTION.
State Bond Increase to Pay Teachers.

an State debt
increase.

stitution of Georgia, so as to authorize the contraction

Clause added. by or on behalf of the State of a debt in amount of

not greater than $3,500,000 for the purpose of paying the

public school teachers of the State, by adding thereto the

following words: However, said debt may be increased

in the sum of $3,500,00 for the payment of the public-

school teachers of the State. So that said paragraph, so

amended, shall read as follows:

No debt shall be contracted by or on behalf of the State except to supply such temporary deficit as may exist in the treasury in any year from necessary delay in collecting the taxes of that year, to repel invasion, suppress insurrection, and defend the State in time of war, or to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed in the aggregate five hundred thousand dollars, and any loan made for this purpose shall be repaid out of the taxes levied for the year in which the loan was made. However, said debt may be increased in the sum of $3,500,000 for the payment of the public-school teachers of the State only. The principal amount borrowed for payment of teachers to be repaid each year out of the common school appropriation, and the interest paid thereon to be paid each year out of the general funds of the State.

Election. Publication.
Ballots.

Said amendment shall be submitted to the voters at the next general election. The Governor will cause such proposed amendment to be published in a newspaper in each Congressional District as provided by law. All persons voting at said election in favor of said proposed amendment shall have written or printed on their ballots the words: ''For $3,500,000 Public School Teachers Salary Amendment to Article 7, Section 3, Paragraph 1, of the Constitution." All persons voting at said election against said proposed amendment shall have written or printed on their ballots the words: "Against $3,500,000 Public School Teachers Salary Amendment to Article 7, Section 3, Paragraph 1, of the Constitution."
Approved April 17, 1926.

PART I.-TITLE !!I.-AMENDMENTS TO CONSTITUTION. 33
State Highway System.

STATE HIGHWAY SYSTEM.

No. 33, SEcoxn SEssio:N.

An Act to propose to the people of Georgia to amend Article Se,en, Section One, Paragraph One, of the Constitution by adding thereto the following: "To construct and maintain a system of State highways."

The Governor will cause such proposed amendment

to

be

published

in

a

newspaper

in

each

Congressional

Art. '7, See. 1, par. 1.

District as provided by law for the submission to the 6551.

people at the next general election. Electors desiring to Clause added.

vote for said proposed amendment shall vote, uFor amend- Publication.

ment to Article 7, Sec. 1, Par. 1, of the Constitution of Election.

Georgia." Electors desiring to vote against said pro- Ballots.

posed amendment shall vote, 11Against amendment to

Article 7, Sec. 1, Par. 1, of the Constitution of Georgia."

Approved April 17, 1926.

34 PART I.-TITLE IV.-EDUCATION-SCHOOL LAWS.
Americus Normal School.

TITLE IV.

EDUCATION-SCHOOL LAws

ACTS Americus Normal School. Borrowing by Local School Districts. Extra Appropriation to Common-School Fund. Merger of Independent School Systems. School Fiscal Year.

AMERICUS NORMAL SCHOOL.

N 0. 29, SECOND SESSION.

An Act to establish, organize and maintain, as a branch of the University of Georgia a normal school or teacher's college, to be located at Americus, Georgia, and to be known as the State Agricultural and Normal College, and to include therein the organization, plant, and equipment of the Third District Agricultural and Mechanical School; to provide for courses of study therein; to provide for a Board of Trustees therefor, and for other purposes.

Normal
fi~t~~~- estab-

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 there shall be and is hereby established, at Americus, Georgia, on the tract of land occupied by the Third District Agricultural and Mechanical School, as a branch of the University of Georgia, a Normal School for teachers to be known as the State

PART I.-TITLE IV.-EDUCATION--SCHOOL LAWS.

35

Americus Normal School.

Agricultural and Normal College, to which shall be admitted white students, citizens of this State, both male and female, and without charge for tuition therein.

Sec. 2. Be it further enacted by the authority aforesaid, that the plant, equipment, and property, both real Control and
use of prop-
and personal, of said Third District Agricultural and erty. Mechanical School, title to which is in the State of Georgia, shall be for the use of said State Agricultural and Normal College; and the Trustees of said Third District Agricultural and Mechanical School, for their respective terms, unless removed as hereinafter specified, shall have as full and complete authority for the management and control of said College as they now have over said Third District Agricultural and Mechanical School.

Sec. 3. Be it further enacted, that the local Board of

Trustees of said State Agricultural and Normal College Trustees.
shall be composed of nine members, three of whom shall

be appointed by the Chairman of the Board of Trustees

of the University of Georgia. The other members of

said local Board of Trustees shall be appointed by the

Governor of this State. Three shall be citizens of the

County of Sumter, and three shall be citizens of this

State residing outside of the County of Sumter. At the Apportion

first appointment of such Trustees two shall be appointed

ment and terms.

by the Governor for a term of two years, two for a term

of four years, and two for a term of six years; but all

subsequent appointments shall be for a term of six years,

except in case of a vacancy by reason of death, resigna-

tion, or otherwise, when the Governor shall fill such

vacancy by appointment for the unexpired term. The

members of the Board of Trustees for the Third District Membership.

Agricultural and Mechanical School, in office at the time

of the passage and approval of this Act, shall also be

members of the Board of Trustees of the State Agri-

cultural and N o.rmal College hereby created and estab-

lished, until the expiration of their respective terms of

office. When the terms of office of all of said District

36

PART I.-TITLE IV.-EDUCATION-SCHOOL LAWS.

Americus Normal School.

School Trustees shall expire, the members of the Board of Trustees of said College shall be nine in number as hereinbefore provided. But nothing in the provisions of this Act shal,l deprive the Governor of the right to appoint any member of the Board of Trustees of said School a member of the Board of Trustees of said State Agricultural and Normal College under the provisions of this Act prior to the expiration of the term of office of such person as a Trustee of the said Third District Agricultural and Mechanical School.

Vacancies.

Sec. 4. Be it further enacted, That whenever it is made to appear to the Governor that any member of the Board of Trustees of said College has failed to attend two successive meetings of the said Board of Trustees without rendering an excuse in vaiting 'vhich is satisfactory and accepted by the Board, it shall be the duty of the Governor to declare his place vacant, and to fill the same in the manner hereinbefore provided for filling vacancies.

Expenses.

Sec. 5. Be it further enacted, That the members of the Board of Trustees of said College shall serve without pay, except that their actual expenses, while away from their places of residence attending on the meetings of the Board, shall be paid out of any fund in the treasury of said College available for such purpose.

Courses of study.

Sec. 6. Be it further enacted by the authority aforesaid, That said Trustees shall cause to be maintained in said College courses of study in general agriculture, home economics, and other subjects in connection therewith, and in addition shall require to be taught therein and added thereto at least two years of normal training for teachers similar to that taught in other colleges of like character; provided, however, said Trustees shall have ample authority by proper rules and regulations to provide for an election of courses of study in said College.

PART 1.-TITLEIV.-EDUCATION---ScHOOL LAWS.

37

Americus Normal School.

Sec. 7. Be it further enacted, That the Chancellor

of

the

University

of

Georgia

shall

have

supervision

of

Supervision by Chan-

the said State Agricultural and Normal College, and its cellor.

management and operation as a Department of the Uni-

versity of Georgia. All diplomas and certificates issued

by said College shall be countersigned by said Chancellor,

who shall cause a record of same to be kept in his office

at Athens.

Sec. 8. Be it further enacted, That said Trustees
shall have authority to create such officers of said Col- Officers and lege, and employ such teachers, and fix salaries of same, teachers.
as may be necessary to carry out the purpose of said College herein set forth.

Sec. 9. Be it further enacted by virtue of the authority Diplomas and aforesaid, That said College shall have the authority to certificates.
give diplomas, certificates, and such other evidence of
work done as may be authorized by law or conferred and
given by other Colleges of like character and standing.

Sec. 10. Be it further enacted by virtue of the authority aforesaid, That nothing herein contained shall be Instruction.

construed as reducing the authority of the Trustees of

said College to provide for full instructions in the branches

of study heretofore and now prescribed for the students

in said School, it being the intention of this Act to enlarge

the scope and increase the usefulness of said School by Teachers

maintaining in connection

therewith

and

as

a

part

of

training school.

same a teachers training school for the State of Georgia

Sec. 11. Be it further enacted, That all appropriations

made to the Third District Agricultural and Mechanical

Appropria-
tions~

School shall be for the use of said State Agricultural and

Normal College, as herein consolidated therewith.

Sec. 12. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed.

Approved April 13, 1926.

38 PART I.-TITLE IV.-EDUCATION-SCHOOL LAWS.
Borrowing By Local School District.

BORROWING BY LOCAL SCHOOL DISTRICTS.

No. 32, SECOND SEssiON.

An Act to authorize and empower the board of trustees

of local school districts levying a local school tax to

borrow sufficient money, and no more, to pa.y for the

operation of said school; to provide for the terms and

conditions under which said money may be borrowed;

to provide the method of repaying the same, and pro-



viding that no board of trustees of any local school dis-

trict shall borrow an amount in excess of the local tax

collected in the local school district, and for other pur-

poses.

Authority to borrow.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the board of trustees of any local school district levying a local school tax shall have authority to borrow money in amounts not to exceed the local tax collected on property within the district during any current year, said fund or funds borrowed to be used only for purpose of paying teachers for the current year, and not for a longer period than twelve months.

Sec. 2. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, That in order for any board of trustees of any local school district to borrow money for the purpose hereinbefore Reeolution to stated, there shall be passed by said board of trustees a be recorded. resolution authorizing said money to be borrowed, in which resolution shall be stated the amount of money to be borrowed, the length of time the same is to be used, the rate of interest to be paid, and for what purpose borrowed, and from whom the same is to be borrowed; which resolution shall be by the Secretary of said board of trustees recorded in the minute-book of said board of trustees, and a copy of said resolution forwarded to the county superintendent of schools.

PART I.-TITLE IV.-EDUCATION-SCHOOL LAWS.

39

Extra Appropriation to Common School Fund.

Sec. 3. Be it enacted by the authority aforesaid, and

it is hereby enacted by the authority of the same, That

Period of time.

no money shall be borrowed for a longer time than is

necessary, and the same shall be paid back out of any Repayment.

funds coming into the hands of said board of trustees

from local district tax collected on property within said

district.

Sec. 4. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that Notes for after the resolution aforesaid has been passed, the chair- money. man of said board of trustees together with the secretary, shall have the right to execute the note, or notes, in the name of said board of trustees of said local school district for any money that it is authorized to borrow under the resolution passed by said board.

Sec. 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved April 17, 1926.

EXTRA APPROPRIATION TO COMMON SCHOOL FUND.
N 0. 2, FIRST SESSION.
An Act to authorize and require the General Assembly to make an extra appropriation to the common-school fund for the purpose of equalizing educational opportunities to the children of the several counties of the State, 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, in addition to the regular ap-

40

PART I.-TITLE IV.-EDUCATION-SCHOOL LAWS.

Merger of Independent School Systems.

Equalization fund.
Distribution.
Counties not sharing.

propriation for the support of the public schools, the General Assembly shall provide an equalization fund, which shall be disbursed by the State Board of Education for the purpose of more nearly equalizing the educational opportunities of the children of the several counties of the State. The State Board of Education, in its distribution of said equalization fund to County Boards of Education for the purpose of equalizing educational opportunities as between the several counties, shall take into consideration the possible returns from taxable values for school purposes, the extent to which local tax aid has been utilized, the educational needs, and the local inequalities existing in the several counties. No county or independent system shall share in the equalization fund for any year unless it levies at least five mills for a local tax for its public schools for that year.

Sec. 2. It is further enacted that all laws and parts of laws in conflict with this Act are hereby repealed.

Approved March 13, 1926.

MERGER OF INDEPEJ\'DENT SCHOOL SYSTEMS.
No. 11, FIRsT SESSION
An Act to permit municipal or local independent school systems to repeal their independent systems and to merge into the county school system, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that whenever the citizens of municipality or independent school districts authorized by law to establish and maintain a system of schools by local taxation, in whole or in part, and which is operating a system of public schools independent of the county-schools system,

PART I.-TITLE IV.-EDUCATION--SCHOOL LAws.

41

Merger of Independent School Systems.

wish to annul their special school law and become a part

of the county-school system, they shall present and file

with the Mayor or chief executive officer of the city a

petition signed by one fourth

of the

qualified voters of

Petition of voters.

their territory, and said ::viayor or chief executive officer

shall then within not less than twenty days and not more

than sixty days thereafter call an election. Notice of Notire.

such an election shall be published once a week for two

weeks in the paper in which the sheriff of the county

publishes his advertisements, and posted at three public

places within the territory concerned, at least ten days

prior to such election. The election shall be held at the place and in the manner of usual elections. Those favor- Election.

ing the repeal of the independent local law shall have

written or printed on their ballots "For Repeal," and Ballots.

those against repealing their independent local law shall

have written or printed on their ballots "Against Repeal." The returns of said election shall be made to the Returns.

Mayor or chief executive officer, who shall declare the

result, and a majority of those voting shall be necessary Voters.

to carry the election. Only qualified voters residing

within the municipality or district for six months prior

to the election shall vote. An election shall not be held

for the same purpose oftener than every twelve months.

Sec. 2. Be it further enacted, that when the results of

said election are declared and published in

favor

of

re-

School operations.

pealing such independent or local school system, making

the territory included in said &jo~cu "'1ereby to become

a part of the county-school system, said independent or

local school system shall continue to function under its

local laws, organizations, and regulations until the county

board of education shall arrange for the operation by

them of such school or schools within said local system

as a part of their public-school system.

Sec. 3. Be it further enacted, that where any local or independent system is repealed by and in the manner Merger. provided in this act, the territory formerly included in

42

PART I.-TITLE IV.-EDUCATION--SCHOOL LAWS.

School Fiscal Year.

Tax rate.
Counties excluded.

such independent system shall become and constitute a school district of the county in which it is located, and shall enjoy the same privileges and shall be governed by the same laws as other school districts in said county, including the authority to levy local taxes for school purposes; provided that the rate for such taxation shall not exceed the rate allowed by law to other similar school districts. Provided, that nothing herein contained shall apply to counties having a population of 200,000 or more, according to the last or any other United States census.
Sec. 4. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are here- by repealed.
Approved March 19, 1926.

SCHOOL FISCAL YEAR.

No. 42, SECOND SESSION.

An Act to amend Section 67 of the Georgia School Code which provides that the school year shall be coincident with the calendar year, be amended so that said Section when so amended shall provide that the school year shall begin July 1st and end June 30th of each year, beginning July 1, 1927, and for other purposes.

School Code amended.

Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That Section 67 of the School Code of Georgia be a:nd the same is hereby amended by striking out the words "January 1st, 1895" in the first line thereof, and substituting therefor the words "July 1st, ~927;" and by striking out in the second and third lines thereof the words "coincident with the calendar year, to wit: from January 1st to December 31st" and substitute therefor

PART I.-TITLE IV.-EDUCATION--SCHOOL LAWS.

43

School Fiscal Year.

the words "from July 1st to the next June 30th, inclusive, of each year"; and by striJ.dnH out in the eighth line thereof the word "school," and substituting therefor the word "calendar," so that the amended part of said section when so amended shall read as follows: "Beginning with To be read. July 1st, 1927, and continuing thereafter, the school
year shall be from July 1st to the next June 30th in- Year from
clusive of each year thereafter; and the State School July 1. Superintendent shall, on or before the 1st Tuesday in December of each year beginning in 1894, or as soon thereafter as practicable, make an estimate of the entire common school fund for the State for the next succeeding calendar year!'
Sec. 2. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
Approved April 17, 1926.

44

PART I.-TITLE V.-MISCELLANEOUI CIVIL LAWS.

Bill of Sale of Crops.

TITLE V.
MISCELLANEOUS CIVIL LAWS
ACTS Billa of Sale of Crops. Domestication of Foreign Corporations. Non-Par Stock of Corpnrationa. Pension Fees to Ordinarie.s. Pension Pa)'ments, Discmmt of Rentals for. Pension Payments, Amending Discount Act. Veterans' Service Bureau.
BILLS OF SALE OF CROPS.
No. 21, SEcOND SEssioN.
An Act to amend an Act entitled "An Act to authorize the securing of advances made for the purpose of planting, making, or gathering a crop or crops, by the giving of a bill of sale of such crop or crops under Section 3306 of the Chil Code, which shall cover and include all crops planted and grown within twelve months from such bill of sale, and for other purposes," approved August 22nd, 1925, so as to strike the requirement therein that the land upon which the crop or crops is or will be planted shall be described in said bill of sale, providing only that the crop or crops shall be described in such bills of sale with the same particularity as the laws of Georgia require for crop mortgages, and to provide that the bills of sale as authorized in aid Act shall be superior to judgments of older date

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

45

Bill of Sale of Crops.

than such bills of sale and to mortgages and bills of sale not given to secure the payment of debts created to aid in making and gathering the particular crops covered by such bills of sale, 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 the .Act approved August 22nd, Act of 1925 1925, as referred to in the caption of this Act, being "An amended. Act to authorize the securing of advances made for the purpose of planting, making, and gathering a crop or crops by the giving of a bill of sale of such crop or crops under Section 3306 of the Civil Code, which shall cover and include all crops planted and grown within twelve months from such bill of sale, and for other purposes," be and the same is hereby amended as follows: (a) By striking the words, "together with the land upon which the same is or will be grown," after the words "crop or crops" in the sixteenth line and before the words "shall be described" in the seventeenth line of Section One of said Act as printed in the official edition of the laws of Georgia of 1925, and by inserting after the words, "in said bill of sale" and before the words "and the amount" in the eighteenth line of said Section One as so printed as aforesaid, the words "with the same particularity as the laws of Georgia require for crop mortgages," and (b) By adding at the end of the first section of said Act the words, "but shall be superior to a judgment of older date than such bill of sale and to a mortgage or bill of sale not given to secure the payment of a debt created to aid in making and gathering the particular crop or crops ccwered by such bill of sale," so that said Section when so amended as aforesaid shall read as fol- To be read. lows: "Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, where advances either of money or supplies or both are made for the purpose of planting, cultivating, making, or harvesting a crop or crops, the borrower or

46

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

Domestication of Foreign Corporations.

person to whom such money or supplies shall be furnished Bill of sale. may secure the same by a bill of sale to secure debt under
Section 3306 of the Civil Code of 1910, covering the crop or crops to be grown by him within twelve months from the date of such bill of sale, although such crop or crops may not be planted or growing at the time of the execution of such bill of sale: Provided, that the crop or crops Description shall be described in said bill of sale with the same parof crops. ticularity as the laws of Georgia require for a crop mortgage, and the amount of said advances in money or supTitle passes. plies shall be definitely stated and fixed therein. Such bill of sale shall pass title to the crop or crops covered thereby, and shall not be held or construed to be a mortLien superior. gage: Provided, that the bill of sale herein authorized shall not be construed to be superior to the lien of a landlord for rent and supplies or to a laborer's lien, but shall be superior to a judgment of older date than such bill of sale, and to a mortgage or bill of sale not given to secure the payment of a debt created to aid in making and gathering the particular crop or crops covered by such bill of sale."
Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 8, 1926.

DOMESTICATION OF FOREIGN CORPORATIONS.
No. 20, SECOND SESSION.
An Act to amend an Act approved August 17, 1920, providing for the domestication of foreign corporations, so as to define the powers and privileges of such domesticated corporations and their stockholders, and to provide a method of surrendering or cancelling said domestication.

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

47

Domestication of Foreign Corporations.

Section 1. Be it enacted by the General Assembly of

the State of

Georgia,

that, an Act

approved August

17,

Act of 11120 amended.

1920, entitled an Act to authorize foreign corporations

doing business in the State of Georgia to become domesti-

cated, be and the same is hereby amended by striking

out in Section one of said Act, beginning in line seven

. thereof, the following words: ''And upon becoming domes-

ticated such corporations shall have the same powers a.s

similar corporations created under the laws of the State

of Georgia have," and substituting in lieu of said stricken

words the following words: , And upon becoming do-

mesticated such corporations and the stockholders there-

of shall have the same powers, privileges, and immuni-

ties as similar corporations created under the laws of

the State of Georgia and the stockholders thereof have,"

so that said Act when amended shall read a.s follows:

11Be it enacted by the General Assembly of the State of

Georgia, That all foreign corporations now doing busi- To be read.

ness in the State of Georgia, or which may hereafter do

business in the State of Georgia, and whose business is

not against the public policy of this State, shall have the

power to become domesticated in the manner herein-

before pointed out; and upon becoming domesticated

such corporations and the stockholders thereof shall have

the same powers, privileges, and immunities a.s similar corporations created under the laws of the State of Geor-

Powers, eto.

gia and the stockholders thereof have, subject to the

same obligations, duties, liabilities, and disabilities as

if originally created under the laws of Georgia, and shall

no longer have that power of removing causes to the

United States Courts which inheres in foreign corpora-

tions."

Sec. 2. Be it further enacted by the authori~y aforesaid, That all foreign corporations thus domesticated Dissolution. shall be dissolved in the same manner and under same proceedings a.s are now provided for dissolution of domestic corporations.

Approved April 8, 1926.

48

PART L-TITLE V.-MISCELLANEOUS CIVIL LAWS.

Non-Par Stock or Corporations.

NON-PAR STOCK OF CORPORATIONS.

No. 4, SEcoND SESSION.

An Act to amend an Act entitled "An Act to alter, amend, and revise the several laws authorizing and regulating the issuing of non-par stock by corporations of this State, and for other purposes," approved August 22nd, 1925, by striking from the first section of said Act lines 21, 22, and part of 23, reading as follows: "Provided further, that no preferred stock may be issued or offered for sale by any corporation availing itself of the provisions of this Act."

Act of 19l!li amended.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 1 of an Act entitled "An Act to alter, amend, and revise the several laws authorizing and regulating the issuing of non-par stock by corporations of this State, and for other. purposes," approved August 22nd, 1925, be and the same is hereby amended by striking from Section 1 of said Act lines 21, 22, and part of 23, reading as follows: "Provided further, that no preferred stock may be issued or offered for sale by any corporation availing itself of the provisions of this Act," so that said Section as amended shall read as follows:

To be read.

"Section 1. Be it enacted by the General Assembly of the State of Georgia, That every corporation having capital stock heretofore or hereafter incorporated under the laws of this State, whether by the Secretary of State, by Act of the General Assembly, or by the Superior
Court (including corporation& with powers derived from two or more of such sources), except an insurance, banking, or trust company, may, upon its organization or thereafter in the manner hereinafter provided, create shares of stock with or without par value, and may create
two or more classes of stock with such preferences, voting powers, restrictions and qualifications thereof as

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

49

Pension Fees to Ordinaries.

shall be designated in its petition, declaration, or other application for incorporation, or be subsequently determined upon in the manner hereinafter provided: Provided, that before any corporation shall avail itself of the provisions of this Act it shall procure appropriate corporate authority therefor, in the manner provided by law, and the Secretary of State and the Superior Courts are hereby authorized to grant such powers to the several classes of corporations of which they now have jurisdiction to grant or amend charters: Provided further, stock. that there shall be but one class of common stock, each share of which shall stand upon an equality with every other share; Provided further, that before any such corporation can begin business as a corporation there must be at least $1,000.00 paid in for such non-par value common stock either in cash or in tangible assets at their fairly appraised valuation.
Sec. 2. Be it further enacted that all laws and parts of la\YS in conflict herewith be and the same are hereby repealed.
Approved March 30, 1926.

PENSION FEES TO ORDINARIES.
No. 41, SEcOND SESSION.
An Act to fix a fee of two dollars per capita, per annum, to be paid to the Ordinaries of the State of Georgia to compensate them for all services rendered by them in connection with the Confederate pensioners and pension work in their respective Counties; to make provision for the payment of same; and for other puropses.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage

50

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

Pension Fees to Ordinaries.

of this Act, including the year 1926, each Ordinary of

Fee of $2 for all services.

the State of Georgia shall be allowed a fee of two dollars

per pensioner, per annum, for preparing all papers, proofs,

and pay rolls and for securing, receiving, and paying out

the Confederate pensions to the various pensioners in

their respective Counties, which shall be in full settlement

for all the services to be performed in connection with

the pension work and pension disbursements of their

Counties.

Payment, how made.

Sec. 2. Be it further enacted, by the authority aforesaid, That said fee of two dollars per pensioner, per annum, shall be paid by the State of Georgia each year, out of the unexpended balance of the pension fund, by a warrant of the Governor, granted upon the requisition of the Commissioner of Pensions, to which requisition the Commissioner of Pensions shall attach a certified statement showing the amount due to the Ordinary of each County after all the Ordinaries of the State have made a full and complete settlement of their pension rolls for the year, such warrant to be drawn against the unexpended balance of the pension fund remaining in the Treasury after all the pensioners have been paid for the current year.

Sec. 3. Be it further enacted, by the authority afore-

Warrants. said, That the Governor is hereby directed and empowered

and it shall be his duty, to draw such warrants once

each year on the unexpended balance of the pension

fund remaining in the Treasury after all the pensions for

the year have been paid, and that no appropriation or

Appropriation not nee-

other provision shall ever be necessary to authorize the

essary.

drawing of such warrant each year and the paying of the

same.

~:,;:;;:,~~to

Sec. 3(a). Be it further enacted, that the sums herein provided for to be paid to the Ordinaries of the respective Counties shall be paid to the proper authorities handling the County funds in those Counties in which the Ordinaries draw a fixed salary.

PART I.-TITLE V .-MISCELLANEOUS CIVIL LAWS.

51

Pension Payments, Discount of Rentals for.

Sec. 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 17, 1926.

PENSION PAYMENTS, DISCOUNT OF RENTALS FOR.

No. 1, FIRST SEssioN.

An Act to authorize the Governor to set apart, sell, and discount the rental of the Western and Atlantic Railroad for a period of six years, and to provide for the expenditure of the fund arising therefrom, 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

Governor au thorized to

authority of the same, That the Governor of the State

discount rentals of



is hereby authorized, fully empowered, and directed to W. & A. R.

set apart, sell and discount not exceeding six years of

the rental arising from the existing lease of the Western

and Atlantic Railroad, as a special fund to be used

exclusively for the purpose of paying warrants drawn

against the same in accordance with the provisions of

this Act.

Sec. 2. Be it further enacted, That in order to enable the State to meet its obligations due to Confederate Soldiers and their widows for pensions due and unpaid Warrants for the years 1922, 1923, 1924, and 1925, the Governor for pensions. of this State is hereby authorized, fully empowered, and directed, to draw his warrant or warrants against the
special fund created by Section 1 of this Act, so held as a special fund in the Treasury, for such sum or sums as may be required to pay said pensions for said years 1922, 1923, 1924, and 1925, and the Governor is further

52

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

Pension Payments: Amending Discount Act.

Discount.
Countt'rsignature. Rights of holders.

authorized, empowered, and directed, to discount said warrant or warrants so drawn against said special fund and to place the proceeds arising therefrom in the Treasury to be disbursed for the purposes provided in this Act, in accordance with existing laws for the payment of pensions. Said warrants shall be duly countersigned by the Comptroller General. The holders of said warrants shall further have all of the rights and privileges which the original obligees of said warrants have had against the State.

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.

Approved March 8, 1926.

PENSION PAYMENTS; AMENDING DISCOUNT
.A. CT.

No. 3, SECOND SESSION.

An Act to amend an Act approved March 8, 1926, entitled "An Act to authorize the Governor to set apart, sell, and discount the rental of the western and Atlantic Railroad for a period of six years, and to provide for the expenditure of the fund arising therefrom," by striking the words "six years" in section one of said Act, and substituting in lieu thereof the words "eight years," and for other purposes.

Act of 1926 amended.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 1 of an Act approved March 8, 1926, entitled "An Act to authorize the Governor to set apart, sell, and discount the rental of the Western and Atlantic Railroad for a period of six years,

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

53

Veteran~ Service Bureau.

and to provide for the expenditure of the fund ansmg

therefrom," be and the same is hereby amended by strik-

ing the words "six years" wherever the same appear in

said section, and substituting in lieu thereof the words To be read.

"eight years," so that said section when amended shall

read as follows: "Section 1. Be it enacted by the

General Assembly of the State of Georgia, and it is here-

by enacted by the authority of the same, that the Gov-

ernor of the State is hereby authorized, fully empowered,

Discount for eight instead

and directed to set apart, sell, and discount not exceeding of six years.

eight years of the rental arising from the existing lease

of the Western and Atlantic Railroad, as a special fund

to be used exclusively for the purpose of paying warrants

drawn against the same in accordance with the provisions

of this Act."

Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved March 27, 1926.

VETERANS' SERVICE BUREAU.
N 0. 30, SECO~D SESSION.
An Act to amend An Act creating a service bureau for the purpose of assisting ex-service men and women in securing benefits now provided for them by the Federal Legislation, and providing for the salary and expenses of said Bureau, and to appropriate funds for the further needs of said bureau, 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 Act of 1923 of the same, That an Act creating a service bureau for amended. the purpose of assisting ex-service men and women in securing the benefits now provided for them by the Fed-

54

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

Veterans' Service Bureau.

Sec. 1 to be read.
Veterans Service Office.

eral legislation, and providing for the salary and expenses of said bureau approved August 20, 1923, be and the same is hereby amended by striking out all of Section 1 of said Act following the word "created" in the third line thereof, and substituting in lieu thereof the following words: "to be known as the Veterans Service Office, State of Georgia, to be composed of one director, one assistant director, and the necessary stenographic and clerical help," so that said section as amended shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, That a service bureau is hereby created, to be known as the Veterans Service Office, State of Georgia, to be composed of one director, one assistant director, and the necessary stenographic and clerical help."

Sec. 2 to be read.
Director and assistant. Terms of office.

Sec. 2. Be it further enacted by the authority aforesaid, that Section 2 of said Act be and the same is hereby amended by adding thereto the following words: "Said assistant director shall be appointed by the Governor on the recommendation of the director. The term or office of said director shall be for the first term after passage of this Act until December 31, 1927, and two years thereafter; the term of office of the assistant director shall continue for a period of 2 years only, at the end of which time said office of Assistant Director is then abolished except the Assistant Director may be sooner discharged by the director if in his opinion an assistant is no longer needed or the assistant is incompetent, but in no event shall the office of Assistant Director be continued for a longer period that 2 years. Sec. 2. Be it further enacted, That said director shall be appointed by the Governor and be chosen from ex-service who were in the military or naval service of the United States during the period between April 17th, 1917, and November 11th, 1918, and honorably discharged therefrom. Said assistant director shall be appointed by the Governor on the recommendation of the director. The term of office of said director shall be for the first time after

v PART I.-TITLE .-MISCELLANEOUS CIVIL LAws.

55

Veterans' Service Bureau.

passage of this Act until December 31, 1927, and two years thereafter. The term of office of Assistant Director shall continue for a period of t-wo years only, at the end of which time said office of Assistant Director is then abolished, except the Assistant Director may be sooner discharged by the Director if in his opinion an Assistant is no longer needed or the Assistant is incompetent, but in no event shall the office of Assistant Director be continued for a longer period than 2 years.
Sec. 3. Be it further enacted by the authority aforesaid, That Section 3 of said Act be amended by striking the whole thereof and substituting therefor the following which shall be the wording of said Section 3 as amended: Sec. 3 to be "Section 3. Be it further enacted by the authority read. aforesaid, That the duties of said director shall be to Duties. disseminate information to veterans of the war with Spain, the world 'Var, and to veterans of any war, military occupation, or military expedition since 1897, their dependents and beneficiaries, as to their rights and benefits under Federal legislation or legislation of this or any other State heretofore or hereafter enacted; to assist said veterans, their dependents, and beneficiaries in the preparation and prosecution of claims before the appropriate governmental departments; to report all evidences of fraud, deceit, and unworthy claims coming or brought to his attention to the department concerned; to report all evidences of incompetency, dishonesty, and neglect of duty of and by employees of any governmental department to the proper authority; and generally to do and perform all things possible for the interest and protection of the worthy veteran; and to co-operate with the Georgia Departments, The United Spanish War Veterans, the American Legion, the Disabled American
Veterans of the 'Vorld vVar, the American Red Cross,
and all other agencies to these ends."
Sec. 4. Be it further enacted by the authority aforesaid, That Section 4 of said Act be amended by striking

56

PART I.-TITLE V.-MISCELLANEOUS CIVIL LAWS.

Veterans' Service Bureau.

IJ

the whole thereof and substituting therefor the following-

which shall be the wording of said Section 4 as amended:

"Section 4. Be it further enacted by the authority afore-

Sec. 4 to be read.

said, That the salary of said director shall be thirty-six

Salaries.

hundred dollars per annum, effective August 20, 1925, and the salary of said assistant director shall be twenty-

four hundred dollars per annum."

Sec. 5 to be read.

Section 5. Be it further enacted by the authority aforesaid, That Section 5 of said Act be amended by striking the whole thereof and substituting therefor the following, which shall be the wording of said Section as amended: "Sec. 5. Be it further enacted by the authority aforesaid, That in addition to the appropriations for salaries and expenses made by the General Appropriation Act for the fiscal years 1926 and 1927, Section 25, Subsection 1, the following sums are hereby appropriated:

Sums . appropriated.

(a) To provide for deficiency to pay salaries and expenses of said bureau from August 20, 1925, to December 31, 1925, or so much thereof as may be necessary .. $1,950.00

(b) For salary of director from August 20, 1925 to December 31, 1927 ........... 2,838.71

For salary of assistant director from April 1, 1926 to December 31, 1927 .... 4,200.00

(c) For traveling expenses of said director and assistant. . . . . . . . . . . . . . . . . . . . . . 1,000.00

Sec. 6. Be it further enacted, That allla>vs and parts of laws in conflict with this Act be and they are hereby repealed.

Approved April 10, 1926.

PART !I.-TITLE I.-COUNTY MATTERS.

59

Appling Contmissiooers; Amending Act.

PART II.
TITLE I.-COUNTY MATTERS
ACTS Appling Commiasionersj AmendiJ:ll Act. Lamar Tax-Collector and Receiver.
APPLING COMMISSIONERS; AMENDING ACT.
No. 5, FrasT SESSION.
An Act to amend an Act approved July 29, 1915, and an amendment thereto approved August 15, 1922, to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia,
prescribe their powers and duties, to fix their compen-
sation, and for other purposes.
Section L Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by author- Acts or 1916 ity of same, That the above- described and entitled act -!:!.'!m~2 and amendment thereto, being an act and an amendment thereto to create a Board of Commissioners of Roads and Revenues for the County of Appling, State of Georgia, be and the same is hereby amended by striking from Section 14 of said amendment approved August 15, 1922, and beginning on the fifth line of said Section 14 after the word "year," the following words: "Nor shall said County Commissioners of Roads anii Revenues of said County levy at any time any additional tax to pay any future bonded indebtedness not to pay

60

PART Il.-TITLE I.-CoUNTY MATTERS.

Lamlll:' Tax-Cullectot' and Receivw.

for any bonded indebtedness that may now be in the course of validation;" and by striking from said Section 14 of said Amendment approved August 15th, 1922, beginning on the twelfth line of said Section 14 of said Amendment, and immediately after the uord "county" the said words: "But the grand jury of said County shall not have the right under the proYisions of this Act and Amendment to recommend a tax levy for any future bond issue or any bond issue that may be in process of validation."
Sec. 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act and Amendments be and the same are hereby repealed.
Approved March 15, 1926.

LAMAR TAX-COLLECT.OR AND RECEIVER.
No. 31, SEcOND SESSION.
An Act to amend an Act entitled "An Act to consolidate the offices of tax-recei'\er and tax-collector of Lamar County, Georgia, into the office of Tax-Commissioner, as is provided in Paragraph 1, Section 3, Article 11 of the Constitution of the State of Georgia; to provide for the election of said Tax-Commissioner, to provide for the compensation of said Tax-Commissioner; t.o provide for the bond of said Tax-Commissioner; to provide for the oath of said Tax Commissioner; and for other purposes," approved July 24, 1925, so as to provide that the said Tax-Commissioner of Lamar County, Georgia, shall receive as part of the compensation of his office the commissions now paid under the law by the State through the office of the Comptroller or otherwise to tax-receivers, and for other purposes.

PART !I.-TITLE I.-COUNTY MATTERS.

61

Lamar Tax~Collector and Receiver.

Section 1. Be it enacted by the General Assembly of

Georgia,

and

it

is

hereby

enacted

by

authority

of

the

Act of 1925 am('nded.

same, That Section 4 of the above Act approved July

24, 1925, be and is hereby amended by adding the fol-

lowing to said Section 4, to wit: "Except that said Tax-

Commissioner shall receive, as compensation in addition

to the compensation now allowed by law to tax-collectors,

the commissions now paid or may hereafter be paid by

the State through the Comptroller or otherwise to tax

receivers," so that when so amended said Section 4 shall read as follows: "Said Tax-Commissioner shall receive To be read.

as

compensation

for

his

senices

the

fees

and

commis-

Compensation of tax-com-

sions now allowed the tax-collector of said county, as missioner.

set out in Section 1234 of the Ci,il Code of Georgia of

1910, together with all such other fees as may now be

allowed under the law to the tax-collector of Lamar

County and none other. Except that said tax-commis-

sioner shall receive as compensation, in addition to the

compensation now allowed by law to tax-collectors, the

commissions now paid or may hereafter be paid by the

State through the office of the Comptroller or otherwise

to tax-receivers."

Approved April 12, 1926.

62

PiRT H.-TITLE Il.-MUNICIPAL CORPORATIONS.

Acts.

TITLE II.
MUNICIPAL CORPORATIONS.
ACTS Acworth Pa.ving ami Sewerage. Adel Street Improvements. Baconton Street Improvements, and School System. Bainbridge Street Improvements. Baxley Street Improvements. Commerce lf.elistr&tion of Voters. Gainesville lndustria.l and Publicity Board. Hartwell Street Improvements. Homerville Registration of Voters. Jackson Street Improvements. Louisville Street Improvements.
Marietta Business License Tax. Marietta Public Schools; Local Tax. McRae Street lmprovement.s. l\lilledgeYille Street Improvements. Millen Street Improvements. Moultrie Street Improvements. ~ashville Street Improvements. Perry StrUt l';!lprovements. Quitman Street Improvements. Savannah Street Clnaing Authorized. Swainsboro Charter Amendments. Union City Street Improvements. Vidalia School Tax. Wadley Street Improvements. Warsaw Ad Valorem Tax.

PART II.-TITLE II.-l'viUNICIPAL CORPORATIONS.

63

Acworth Paving and Sewerage.

ACWORTH PAVING AND SEWERAGE.

No. 36, SEcOND SEssiON.

An Act to amend an Act approved August 17, 1903, establishing a new charter for the town of Acworth, in Cobb County, so as to provide for the issuing of bonds for paving the streets of said City of Acworth and for the establishing, maintaining, and building a system of sewerage, one or both; to extend the power to levy and collect a tax of 1-4 of one per cent. provided for in the Act approved August 17, 1903, so as to make same available for the purpose of paying the expenses of said paving and sewerage, and for other purposes.

Section 1. Be it enacted by the General Assembly of

the State of Georgia, and it is hereby enacted by authori- Act of 1903

ty of the same, that from and after the passage of this amended.

Act that the Act approved August 17, 1903, establishing

Section added.

a new charter for the town of Acworth, be and the same

is hereby amended as follows: by adding after section

22 of said Act the following section, to wit: Sec. 22-A.

Be it !3nacted by the authority aforesaid, that the Mayor

and Aldermen of the said City of Acworth are by this

Act authorized and empowered to submit to the voters

of said City, under the provisions of the Code of Georgia

of 1910, section 440 to 444 inclusive, the question of

issuing bonds in a sum not to exceed $25,000.00, and to

Paving and sewerage.

be sold for the purpose of paving the streets of said City,

and

establishing,

building,

and

maintaining

a

system

Bond-issue election.

of sewerage, one or both of said purposes, for the said City

of Acworth; and at said election the ballots shall be

written or printed, "For paving and Bonds" or "For

Sewerage and bonds" or "Against Paving and bonds" or

"Against Sewerage and bonds" as the case may be.

Should the election or elections herein provide for re-

sult in favor of paving or sewerage, or both, then the

mayor and aldermen of said City of Acworth shall be

64

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.

Acworth Paving and SewPrage.

and they are hereby authorized and empowered to issue bonds for said purpose, not to exceed in the aggregate $25,000.00, each of said bonds to be in such sums as said Mayor and Aldermen may designate.

Section added.
Tax levy.

Sec. 2. Be it further enacted by the authority aforesaid, that said Act of August 17, 1903, be further amended by adding the following section, to wit: Section 22-B. The tax of one fourth of one per cent. authorized by section 20 of said Act approved August 17, 1903, is extended so as to authorize same to be used for the further purpose of paying the interest on the bonds authorized by this Act on their maturity, subject to the other restrictions set fourth in Section 20 of said Act approved August 17, 1903.

Section arlrled.
Additional eJections may be called.

Sec. 3. Be it further enacted by the authority aforesaid that said Act of August 17, 1903, be further amended by adding the following section, to wit: Sec. 22-C. If the election provided for in this Act for paving and sewerage, or both, should be against the issuing of bonds for either or both systems, the Mayor and board of alderman of said city may, at their own instance, and shall, on the application of any ten freeholders of said city, at any time hereafter, order another electionunder the provisions of this Act; provided that such elections shall not be held oftener than once in every twelve months, and provided, that if said mayor and board of alderman should call an election for a vote only as to paving or sewerage and the same should be for issuing bonds for that purpose, they still may call another election at such time as they may deem proper to vote as to issuing bonds for the other purpose.

Sec. 4. Be it enacted by the authority aforesaid, That all laws and parts of laws in conflict with the above and foregoing be and the same are hereby repealed.

Approved April 17, 1926.

PART H.-TITLE H.-MUNICIPAL CORPORATIONS.

65

Adel Street Improvements.

ADEL STREET IMPROVEMENTS.

No. 7, SECOND SESSION.

An Act to amend an Act incorporating the City of Adel, approved July 29, 1919, as amended by two Acts approved July 19 1920, to and consolidate the Acts relating to the acts and powers of said corporation; to enact amendments thereto, and for other purposes, so as to empower the City of Adel to pave, macadamize, curb, and otherwise improve any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, or other public places, highways, or any. portion thereof, within the corporate limits of the City of Adel, and to assess the cost of making such improvements, in whole or in part, against the abutting property and its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor; to provide for the issuing of bonds to be known as "Street Improvement Bonds" to be negotiated by the City of Adel or otherwise in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds; and for other purposes.

Section 1. Be it enacted by the General Assembly of

Georgia,

and

it

is

hereby

enacted

by

authority

of

the

Acdts an

1o9f2

1919 0

same, that the Act approved July 29, 1919, incorporating amended.

the City of Adel, as amended by two Acts approved

July 19, 1920, be and the same is hereby amended by

adding thereto the following provisions:

Sec. 2. Be it further enacted by the authority aforesaid, that whenever any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, or other public places or highways, or any portion thereof, within the corporate limits of the City of Adel, shall have been authorized under the laws and ordinances of the

66

PART 11.-TITLE II.-MuNrcrPAL CoRPORATIONS.

Adel Street Improvements.

City to be paved, macadamized, curbed, or otherwise

improved, and the contract for such improvements have

been let and the cost of such improvements has been ascer-

tained, which costs shall include all expenses incurred by

Apportionment and as-

the City incident to such improvements, the Mayor and

sessment of cost, etc.

Council of said City of Adel shall by written resolution

apportion the cost and expenses of the same pro rata per

front foot to the several tracts, lots, or parcels of land

abutting upon the area covered by such proposed im-

provements, and shall then levy assessments against the

said abutting property and the owners thereof in accord-

ance with such apportionment and as hereinafter pro-

Installments. vided, which assessment shall be paid in ten (10) equal

Interest. annual installments and shall bear interest at the rate of

not exceeding six per cent per annum until paid, said

interest payable annually.

Payments.

Sec. 3. Be it further enacted by the authority aforesaid, that the first installment of such assessment, together with interest to that date upon the whole, shall be due and payable on the first day of December next succeeding the date of the levy of such assessment, and one installment, together with the yearly interest upon the amount remaining unpaid, shall be due and payable on the first day of December in each succeeding year until all shall have been paid; provided, nevertheless, that any one or more of the owners of the property assessed shall have the privilege of paying the amount assessed against his property within thirty days from the date of the passage of the resolution levying the assessments, without interest, and thus relieve this property from the lien of such assessment.

Special lien.

Sec. 4. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the interest on same, shall be a special lien against the lot, parcel, or tract of land so assessed, from the date of the resolution levying the assessment, coequal with the lien of other taxes, and prior and

PART H.-TITLE H.-MUNICIPAL CORPORATIONS.

67

Adel Street Improvements.

superior to all other liens against such lots, parcels, or tracts, and such liens shall continue until such assessment and interest thereon shall be fully paid.

Sec. 5. Be it further enacted by the authority afore-

said, that thirty days after the date of the passage of

said resolution apportioning and levying said assessments, Bond issue.

the said Mayor and Council shall by written resolution

provide for the issuance of bonds in the aggregate amount

of such assessments then remaining unpaid, bearing date

thirty days after the passage of the resolution levying

said assessment, and of such denominations as the said

Mayor and Council may determine, which bonds shall City not Ha-

in no event become a debt or liability of the City of Adel bie.

by reason of its issuing the same for the purpose herein

specified. One tenth in amount of any such series of Maturity ot

bonds, with interest upon the whole amount of such series bonds.

up to the first day of January next succeeding the matur-

ity of the installment of the assessment, as hereinbefore

provided, shall be payable on the date; and one tenth

in amount of such issue of bonds, together with the annual

interest on the whole amount thereof remaining unpaid,

shall be payable on the first day of January of each suc-

ceeding year until all installments shall have been paid..

Such bonds shall bear interest at a rate not to exceed six Interest.

per cent. per annum from their date until maturity,

payable annually, and shall be designated "Street Im-

provement Bonds," and on their face recite the streets or

other public places for improvement of which they have

been issued, and that they are payable solely from assess-

ments which have been levied upon lots, parcels, and

tracts of land benefited by such improvements under the

authority of this Act.

Said bonds shall be signed by the

Signature and seat

Mayor and attested by the Secretary and Treasurer of

the City of Adel, and shall have the impression of the

coporate seal of said City thereon, and shall have interest

coupons attached, and all bonds issued by authority of

this Act shall be payable at such place, either within or

without the State of Georgia, and may be designated by

68' PART H.-TITLE H.-MUNICIPAL CORPORATIONS.
Adel Street Improvements.

the Mayor and Council of the City of Adel. Said bonds

Proceeds of sale of bonds.

shall be sold at not less than par, and the proceeds there-

of applied to the payment of the contract price and other

expenses incurred in the making of such improvements;

or such bonds may in whole or in part be negotiated and

delivered to the contractor, at not less than par value,

in payment of any amount due him on his contract, and

any portion of the bonds not so negotiated and turned

over to the contractor may be sold or otherwise disposed

of by said Mayor and Council and not less than par value,

and the proceeds applied to any expenses incident to

and incurred by the City in providing for such improve-

R~~tistry. ments. Said bonds shall be registered by the said Secre-

tary and Treasurer in a book to be provided for that

purpose, and a certificate of registration by the Secretary

and Treasurer of the City of Adel shall be by him endorsed

upon each of said bonds.

Aseesements payable.
Account of collections.
Executions.

Sec. 6. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the person owning the said lot, parcel, or tract of land on the first day of December each year, together with the interest thereon, to the secretary and treasurer of the City of Adel, who shall give proper receipts for such payments; provided, that if the levy of such assessment is made after September 1st, the first installment and interest shall become due and payable on Decembder the 1st of the succeeding year. It shall be the duty of the Secretary and Treasurer of the City of Adel to keep an accurate account of all such collections made by him, and such collections shall be kept in a separate fund to be used for and applied to the payment of such bonds and the interest thereon, and for no other purpose. It shall be the duty of the said Secretary and Treasurer upon default in payment of the principal or interest of any assessment or installment herein provided for, at the maturity thereof, to promptly issue an execution against the lot, parcel, or tract of land assessed for such payment and against the owner of the

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

"69

Adel Street Improvements.

property, for the full amounts thus becoming due and unpaid, and to forthwith turn over such execution to the Chief of Police of said City of Adel, who shall promptly levy the Same UpOn the real estate liable for the aSSeSS- Levy and oale.
ment and previously assessed for such improvement; and after advertisement and other proceedings as in the case of sale for City taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser subject to the lien of the Title. remaining unpaid installments with interest thereon; provided, however, that the defendant in execution shall have the right to file an affidavit of illegality denying that the Illo~rallty. whole or any part of the amount for which the execution issued is due, stating what amount (if any) he admits to be due, whi'ch amount shall be admitted to be due shall be paid before the affidavit is received. All such affidavits shall set forth in detail the reasons why the affiant claims Return and the execution is proceeding illegally and, when received triaL by the Chief of Police, shall be returned by the said Chief of Police to a Justice Court or to the Superior Court if the amount of execution is one hundred dollars or less, and to the Superior Court only if the amount contested is over one hundred dollars, and there to be tried and the issue determined as in the case of illegality, subject to all fines and penalty provided bylaw in such cases for delay.
..- Sec. 7. Be it further enacted by the authority afore-
said, that the entire expense of constructing, paving, :en,;~~e a:~~ macadamizing sidewalks, footways, streets, alleys, curb- !~u~~~i;st ing, drains and gutters along the sides of all public thor- property. oughfares in the City and such other street improvements as are authorized by this Act, together with the whole cost of all materials used in making such improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements and shall be paid by the owners of such property, according to its frontage thereon.
Sec. 8. Wbere the right of way of any railroad company crosses any public thoroughfare within the corporate !.a:!:~!~~

70

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

Adel Street Improvements.

limits of the City of Adel, any railroad company is, for all the purposes of this Act, to be deemed to be the owner of the property on each side of such thoroughfare to the extent of the entire width of said right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its tracks, and where the right of way of any railway company abuts any public thoroughfare within the corporate limits of the City of Adel, or when such right of way extends over or into or overlaps any public thoroughfare within the limits of the City of Adel, such railroad company, for all the purposes of this Act, is deemed to be the owner of the property on the side of such thoroughfare on which said right of way abuts such thoroughfare or extends over or into or overlaps the same, to the extent of the entire distance along such thoroughfare that such right of way abuts, extends over or into, or overlaps the same, irrespective of the use to which the said right of way may be put or the portion thereof actually occupied by the track or tracks of such railway company. Any and all property owned by the County of Cook, lying within the corporate limits of the City of Adel and abutting upon any public thoroughfare, shall be assessable for any and all public improvements authorized by this Act, in the same manner
and to the same extent as such property would be if
owned by any private individual, without regard to the
use made by the county of such property. Any and all
property owned by the City of Adel, exclusive of streets,
alleys, and sidewalks, abutting upon the any thorough-
fare shall be assessable for any and all public improve-
ments authorized by this Act, and in the same manner
and to the same extent as such property would be
if owned by any private individual, without regard to
use made by the City of Adel of such property. An'y
assessment to be borne by the City of Adel may be paid
out of the general funds of any'special fund provided for
that purpose.

PART IL-TITLE 11.-MUNICIPAL CORPORATIONS.

71

Adel Street Improvements.

Sec. 9. Be it further enacted by the authority afore- said, that the said Mayor and Council of the City of Adel ::~~=~~~ may, in its ruscretion, by proper written resolution provide for and require the payment of the interest on the bonds authorized to be issued in accordance with the provisions of Section 5 of this Act, semi-annually on the first day of January and the first day of July, instead of annually. In levying the assessment against property. owners for such public improvements as are authorized by this Act the said Mayor and Council may require the installment of interest of such assessments to be paid semi-annually on the first day of December and the first
day of June each year, instead of annually as provided in Sec. 2 of this Act.

Sec. 10. Be it further enacted by the authority afore-

said, that whenever the Mayor of .",l\.dm..l shall deem 1t necessary

atondmCaokuenacnilyoof fththeeCI.imty-

Publiea.tlon resolutton.

o

provements provided for in this Act, and shall have

passed the written resolution as provided for in Sec. 2 of

this Act, said resolution shall be published by the Secre-

tary and Treasurer in two consecutive issues of the Adel

News, or any other newspaper in which the Sheriff's

advertisements of Cook County are published, and a time shall be designated in said notice not less than five days

or more than ten days from the last publication of said notice for a public hearing before the said Mayor and !ii!~,:as~

Council of the City of Adel, at which time all parties at interest may appear in person or by attorney and urge

any objection or objections that they may have to the improvements so contemplated, and the Mayor and Coun-

cil of the City of Adel shall be required to hear, pass upon,

and determine such objections, and may modify, alter

amend, or repeal said resolution at such hearing. In the

event a material alteration or amendment shall be made

to the said resolution, said resolution as amended shall

be published as a new resolution as provided for in this

Act.

72

PART H.-TITLE H.-MuNICIPAL CoRPORATIONS.

Baconton Street Improvements and School System.

Sec. 11. Be it further enacted by the authority afore-

Authority based on pe-

said, that the Mayor and Council of said City of Adel

tition of owners of proper-

shall not have authority to pass any ordinances or reso-

ty.

lution which gives to the City of Adel the right and author-

ity to make any of the improvements designated in this

Act, or levy assessments provided for herein, unless and

until fifty-one per cent, or more, of the abutting property

, owners on the street or project upon \vhich the improve-

ments are desired shall have petitioned the :M:ayor and

Council, setting forth the improvements desired; and be

it further enacted that Section 2 of this Act shall not be of

force and effect until the provisions of this Section have

been complied with.

Sec. 12. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved Ma,rch 31, 1926.

BACONTON STREET IMPROVEMENTS AND SCHOOL SYSTEM.
No. 8, FmsT SEssiON.
An Act to amend the Act creating and establishing a new charter for the town of Baconton, to declare the rights, powers, and privileges of said corporation, and for other purposes, approved August 13, 1910, so as to authorize said town of Baconton to pave, grade, drain, and otherwise improve for travel the streets, lanes, avenues, roads, and sidewalks of the town, and to assess, levy, and collect certain portions of the cost out of the abutting property, and so as to authorize said town to establish and maintain public schools by local taxation after such question has been submitted to and approved by two-thirds majority of the voters at an election held for deciding such question, and for other purposes.

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.

73

Baconton Street Improvements and School System.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

Section 1. That the Act entitled "An Act creating and establishing a new charter for the Town of Bacon- Act of J9Jo ton, to declare the rights, powers, and privileges of said amended. corporation, and for other purposes," approved August 13, 1910, be and the same is hereby amended by adding the following provisions thereto, to wit:

1. The Town of Baconton shall have the power and

authority, by ordinance, to pave, grade, and curb and

dram. the streets, 0 f the T own, and

lanes, avenues, to repave, regra

roads, de, recu

an rb ,

d a

nSd.idreewdraalki,ns

Assessments !or street tmprovementa.

or repair the paving, grading, curbing, and drainage of

the same and to assess two thirds of the cost of same

against the lots, parcels, or pieces of land abutting on

each side of the street, lane, avenue, road, or sidewalk

so improved and the ovmers thereof, according to the

lineal foot frontage owned by each thereon; and to re-

quire any railroad or street-railroad company, having

tracks running in the streets, lanes, or ways of the City

so improved, to grade, pave, and drain, regrade, repave,

and redrain, or otherwise improve, as said Town of Bacon-

ton may by ordinance direct, the width of their tracks

and two feet on each side thereof; and in the event such

company or companies fail or refuse to comply with said

requirements, the Town may have the same done, and

the cost and expense thereof shall be assessed against

said companies, as hereinafter provided for in this para-

graph; and said Town is hereby empowered to enforce

the payment of the assessments provided for in this sectw n, by executiOn agamst t he abuttm g property and lEexveycuatniodnssa, le.

against the O"\Yners of the same, which execution shall be

issued and enforced by levy a:nd sale pf said property

like executions for taxes, due said Town, under existing

ordinances or such as may hereafter be made applicable

to the subject, and said property shall be sold subject to

all incidents of purchase by the City, and redemption

74

PART H.-TITLE H.-MUNICIPAL CORPORATIONS.

Baconton Street Improvements and School System.

by the owner as now or as may hereafter be provided

Affidavit of ille&"ality.

by the Code of Georgia. Provided, however, that to an

execution issued under the provisions of this paragraph

the defendant or property owner shall have the right to

file an affidavit denying for any reason that the whole

or any part of the amount for which execution is issued

is due, and the reason why same is not due by and from

defendant or the property owner, and stating what

amount is due, which amount so admitted to be due shall

be paid before said affidavit shall be received, and said

affidavit shall be received for the balance, and said af-

fidavit so received shall be returned to the Superior

Court of Mitchell County and there tried and the issue

determined as in cases of illegality, subject to all the

pains and penalties provided for in cases of illegality for

delay. The assessments provided for in this paragraph

Lien of assessments.

shall constitute and be a lien from the date of the or-

dinance making the assessment, and upon the property

against which they are assessed, as well as upon all the

property generally of the person owning the property

at the date of the assessment, and such lien among other

liens shall take rank as Town taxes. One publication

Publication of ordinance.

of

the

ordinance

providing

for

the

improvements

men-

tioned in this paragraph in the newspaper in Mitchell

County in which the sheriff's advertisements are pub-

lished shall be sufficient notice to the abutting property

owners, or railroad or street-railroad companies, of the

contents and provisions of such ordinance, and of the

fact that such improvements are to be made; provided,

Notice to non-residents.

that in case of non-residents,

a copy of said publication

shall be mailed to the address of all non-residents owning

land abutting said improvements, if the address of such

non-residents be known; but failure to send or receive

such publication shall not invalidate the ordinance,

assessment, levy, or any of the proceedings thereunder.

2. The Town of Baconton is hereby empowered, by

Public school
~ystem.

ordinance, to create and establish a public-school system

co-extensive with the corporate limits of the Town, to

PART II.-TITLE II.-MuNrcrPAL CoRPORATIONs.

75

Baconton Street Improvements and School System.

provide for the maintenance, support, and operation of said school or schools by levy and collection, as other Tax. taxes are levied and collected, a special ad valorem tax upon all of the taxable property in the Town, in addition to all other taxes now authorized, not to exceed five-tenths of one per cent., or five mills on the dollar value; provided that separate schools shall be provided for white and colored children, and that all children, whose parents are bona fide residents of the Town, shall be entitled to the benefits of said schools, and provisions may be made for the admission of non-resident children upon payment of such reasonable rates as may be prescribed. Said school or schools shall be conducted and Board of operated by a Board to be elected by the Mayor and education. Council, to be known as the Baconton Board of Education and of which the Mayor of the Town of Baconton shall be Chairman, and of which, in addition to the Mayor, there shall be four members to be elected as soon after the ratification of the paragraph as is practicable, so the first four selected shall hold office one for one year, one for two years, one for three years, and one for four years, and that their successors shall hold for terms of two years; said Board, to accomplish the purposes of said school or schools, shall be and is hereby clothed with power and authority to do and perform all necessary acts, and to devise, design, and adopt all necessary means and ways for the proper conduct and operation of the same; to adopt such plans, courses, and curriculum as may seem proper and which do not conflict with state law; to appoint all needful officers and teachers, fix their salaries and qualifications; and said Board shall have and keep regular minutes of all its proceedings, and shall, at or before the beginning of each scholastic year, furnish the Mayor and Council with a written estimate of the funds necessary for the support, operation, and maintenance of said school or schools for the ensuing year, and at the end of each scholastic year to submit a
report of the amounts received from all sources, with
such other information as the Mayor and Council may

76

PART II.-TITLE ll.-MUNICIPAL CORPORATIONS.

Baconton Street Improvements and School System.

!teferendum to Toters.
Ballots.

require; and said Board shall make all reports required of such bodies by the laws of Georgia; and the Town of Baconton is hereby required and authorized, upon request of said Board, to levy such per centum or proportion of the special tax hereinbefore provided for as the Board deems necessary for the operation, maintenance, and conduct of the school or schools; said tax to be known as the "School Tax" and turned over to the Board to be used for school purposes only; provided, further, that before the provision of this paragraph, with reference to schools, shall become operative, the question shall be submitted to a vote of the qualified voters of the Town; and the Mayor and Council shall, within thirty days, after the passage of this Act, or as soon thereafter as may be practicable, order an election to be held in the Town for the ratification of this section relating to schools, under the same rules and regulations by which all of said town elections are held, after first publishing notice of said election once a week for four weeks prior to said election in the official newspaper of the Sheriff of Mitchell County; and all persons qualifying to vote under the rules and regulations of said town election shall be entitled to vote in this election, and those voting shall have written or printed on their ballots "For Public Schools" or "Against Public Schools." If two thirds of those voting vote in said election "for public schools," then the provisions of this section shall become operative, and the Mayor and Council shall so declare the same and spread their declaration upon the minutes of the Mayor and Council. If public schools fail to carry in said election, the same question may be resubmitted to the qualified voters of said town as often as every six months, upon the application of fifteen freeholders to the council, which application shall be spread upon the minutes of said council.
Sec. 2. All laws and parts of laws in conflict with this act be and. the same are hereby repealed.
Approved March 19, 1926.

PART II.-TITLE II.-MuNICIPAL CoRPORATIONS.

77

Bainbridge Street Imptbvements.
------------------------------------------
BAINBRIDGE STREET IMPROVEMENTS.

No. 12, FIRsT SESSION.

An Act to authorize the Mayor and Aldermen of the City of Bainbridge, upon a written petition signed by the owners of fifty-one per cent. of the lineal frontage of the property abutting on both sides of the streets, alleys, and sidewalks to be paved, to pave the streets, sidewalks, and alleys of Bainbridge, and providing for two methods of assessments and payment thereof, to wit: The owners of the adjacent property being assessed for and paying two third of of the costs of said pavement, and the City one third including also all the intersections of streets, sidewalks, and alleys; and the other method being, to wit: The adjacent properties being assessed for and paying the whole costs of said pavement except the street, sidewalk, and alley intersections, which are to be paid for by the City; providing for the issuance of deferred paving-assessment bonds payable in ten yearly instalments; and providing for the issuance of fi. fas. and sales thereunder in case of default the payment of assessments; and authorizing the Mayor and Aldermen of said City to make and execute contracts for said paving when and after said petition signed by the owners of fifty-one per cent. of the lineal frontage of the property abutting on the streets, alleys, and sidewalks to be paved is filed with said Mayor and Aldermen of said City of Bainbridge.

Section 1. Be it enacted by the General Assembly

of

the

State

of

G eorgi. a,

an d

I, t

I. S

h ere b y

enacted

by

the

Authority on petition of

authority of the same, that upon the filing with said ~;o~':.":ty~f

Mayor and Aldermen of a written petition signed by

the owners of fifty-one per cent. of the lineal frontage of

property abutting upon the streets, sidewalks, and alleys

to be paved and petitioned to be paved therein, the said

Mayor and Aldermen are hereby authorized empowered

78

PART 11.-TITLE Il.-MUNICIPAL CORPORATIONS.

Bainbridge Street Improvements.

to establish, grade, pave, repave, macadamize, drain, and otherwise improve the streets, sidewalks, and alleys of the City of Bainbridge including necessary curbing manholes, catch-basins in the manner hereinafter set forth.

Sec. 2. Be it further enacted, that whenever said

written petition signed, as set out in section 1 of this

Act, by fifty-one per cent. of the owners of the lineal

frontage of the property on both sides of the streets,

alleys, and sidewalks to be paved is filed with the Mayor

and Aldermen of the City of Bainbridge, petitioning

that said designated streets, sidewalks, and alley be

paved, on the one-third plan, that is, the property-owners

pay two thirds of the costs of paving said alleys, side-

walks, and streets, and the City pay one third of said

costs and also all the costs of the intersections of all

streets, sidewalks, and alleys, said Mayor and Aldermen

of the City of Bainbridge shall be authorized to pass an

OrdinancP and contract;

ordinance

for

the

pavement

of

said

alleys,

streets,

and

one-third plan.

sidewalks, to make contract or contracts to the lowest

and best bidder for said paving, and to accept the work

when it is finished; all of which the said City of Bain-

bridge is authorized by this act to do.

Whole-cost plnn.

Sec. 3. Be it further enacted by the authority aforesaid, that whenever a petition signed by fifty-one per cent. of the owners of the lineal frontage of property abutting on both sides of the streets, sidewalks, and alleys to be paved is filed with the Mayor and Aldermen of said City of Bainbridge, petitioning that said designated streets, alleys, and sidewalks be paved on what is known as the "Oklahoma" plan, that is the abutting property owners of both sides of the street paying the whole costs of the pavement of the sidewalks, alleys, and streets on said street, and the City paying only for the pavement of the intersection of the street, alleys, and sidewalks, the said Mayor and Aldermen of the City of Bainbridge shall be authorized and required to pass

PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.

79

Bainbridge Street Improvements.

an ordinance providing for the pavement of said alleys, streets, and sidewalks, to make contract or contracts to the lowest and best bidder for said paving, and to accept the work when it is finished, all of which the City of Bainbridge is authorized by this Act so to do.
Sec. 4. That whenever fifty-one per cent. of the owners of the lineal frontage of property in a city block, abutting on streets, sidewalks, or alleys to be paved, petition the Mayor and Aldermen of the City of Bainbridge to pave said abutting streets, alleys, and sidewalks, abutting on said block, on either the one-third plan as set out in section 2 of this Act or the "Oklahoma plan" as set out in section 3 of this Act, the said Mayor and Aldermen shall be authorized to pass an ordinance Ordinance. providing for the pavement Of Said alleys, Streets, and Extent of sidewalks of the length, dimensions, and extent only of paving. said city block in which said block fifty-one per cent. of the property is owned by said petitioners, and according to the plan only as set out in the petition of said owners of said fifty-one per cent. of the lineal frontage of the property in said block abutting on the streets, sidewalks, and alleys petitioned to be paved.
Sec. 5. Be it enacted by the authority aforesaid, that all necessary curbing shall be deemed and considered as ~;:;-i~i;,g~tc. a part of said paving, and shall be assessed accordingly. And that all necessary drains, manholes, and catchbasins made necessary by such paving or improvement shall likewise be considered a part of such paving and improvement, and the cost of the same together with all necessary expenses incurred shall be deemed and considered as a part of the total costs of such paving or improvement, and shall be assessed as herein provided.
Sec. 6. Be it further enacted by the authority aforesaid, that the assessment against the City, the property, ~:~:::.:d~nt and the owners thereof, abutting on said streets, sidewalks, and alleys under the provisions of this act shall

80

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.

Bainbridge Street Improvements.

be prorated, and the total amount of the same shall be determined by computing the lineal frontage of said owner together with the width of such pavement or improvement on said street, sidewalk, or alley. The City of Bainbridge on,either of the plans, whether the plans City pays for set out in section 2 or sections 3 or 4 is employed, shall
intersections.
pay the whole costs of the paving and pavement of all intersections of streets, sidewalks, and alleys.

Sec. 7. Be it further enacted by the authority afore-
said, that when and after the written petitions set out

in section 1, 2, 3, and 4 of this act are properly signed by

the owners of fifty-one per cent of the lineal frontage of

property abutting on streets, alleys, and sidewalks peti-

tioned to be paved and improved under this act and filed

with the Mayor and Aldermen of the City of Bainbridge,

the Mayor and Aldermen shall pass an ordinance setting

out the receipt of said petition, and the streets, alleys,

Publication of and sidewalks sought by said petition to be paved. Before

ordinance. etc.

said ordinance shall be passed, however, said ordinance

shall be published in the newspaper in Bainbridge in

which the legal advertisements appear, in at least two

consecutive issues, giving the date of the meeting of coun-

cil at which the same shall be introduced. In said ad-

vertisement the names of the petitioners signed to said petition, the streets sought to be paved, and the per-

centage of the owners of the lineal frontage of property

abutting on said streets, sidewalks, and alleys to be

Council meeting.

paved.

At said meeting at which said ordinance is in-

troduced said Mayor and Council shall have open to

the inspection of any citizen of Bainbridge the original

petition to pave said streets, sidewalks, and alleys of

Bainbridge, and the original signatures thereto, and

also the ordinance to pave said streets, sidewalks, and

alleys sought to be paved in said petition. Said or-

dinance to pave said streets, alleys, and sidewalks shall

be limited and restricted to only such streets as are

petitioned for in said petition signed by the owners of

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

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Bainbridge Street Improvement&.

fifty-one per cent. of the lineral frontage of property abutting on said streets, sidewalks, and alleys aforesaid. . . Any citizen of Bainbridge may appear at said meeting ~~~~~:!~~s br of the Mayor and Aldermen and make objections, if they desire, against the passage of said ordinance," for any legal reason that they may have. Such meeting may be held at the regular time, or any call meeting upon due notice given to any person interested, by one l.totice in the newspaper that carries the City's legal notice. Any number of streets, parts Of streets, sidewalks, parts of sidewalks, or alleys or parts of alleys may be included in one ordinance; prolrided they are petitioned for in the petitions set out in sections 1, 2, 3, and 4. If, at the meeting to hear objections and pass the said ordinance providing for the paving according Jnly to streets, sidewalks, and alleys set out in said petition signed by fifty-one per cent. of the owners of the lineal frontage of said property abutting on said streets sought in said petition to be paved as aforesaid, any Presumption person, company, or corporation subject to any part of ~~ion~on the assessment or the cost thereof does not within twenty days thereafter begin legal or equitable proceedings to prevent such pavement, and the consequent assessment from being made, shall be presumed to have agreed to the assessment and the acceptance of such ordinance.
Sec. B. Be it further enacted by the authority aforesaid, that when and after said petition of fifty-one per cent. of the owners of the lineal frontage of property abutting on stooets, alleys, and sidewalks to be paved on either the plan set out in section 2 or 3 of this Act, and when and after the ordinance pursuant to said petition and accordance thereto is published, and when and after opportunity to object to said ordinance is given as aforesaid, the Mayor and Aldermen, if they deem it advisable, are authorized to proceed to pave, macamacadamise, or otherwise improve the streets, sidewalks, and alleys petitioned for in said petitiqn, and they are
authorized and. empowered to enter into a contract for

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PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

Bainbridge Street Improvements.

such improvement in the following manner: Said Mayor

Advertisement for bids.

and

Aldermen

shall

advertise

for

sealed

bids

for

the

Notice, how furnishing of the material and for performing the work

comprehensive.

necessary in making such improvements. The notice

shall be in such form as they deem best, and shall state

what bond shall be required to be executed by such con-

tractor, the time and place where the sealed proposal

shall be opened, the extent and character of the paving

and other improvements, the manner of the payment

therefor, one third by the City in cash from money in

its treasury, or temporary loans for the current year,

or the proceeds of the sale of bonds issued for that pur-

pose, and two thirds by the owners of the abutting in

defered payments of ten annual instalments evidenced

by bonds hereinafter provided for, according to the plan

of the petition as set out in section 2 of this act, known

as the "one-third plan." Or the manner of payment

therefor according to the "Oklahoma plan" as set in

section 3 of this Act, the city only paying for the inter-

section of streets, sidewalks, and alleys in cash, or by

temporary loans for the current year, or the proceeds

of bonds issued for that purpose, and the abutting pro-

perty or the owners thereof paying the whole costs of

the paving except the intersection of streets, alleys, and

sidewalks as aforesaid as set out in section 3 of this Act,

according to whichever plan is petitioned for by the owners

of fifty-one per cent. of the lineal frontage of the property

abutting on the streets, alleys, and sidewalks sought

by said petitioners to be paved and authorized accord-

ing to the ordinance of the Mayor and,..Aldermen of the

City of Bainbridge in pursuance of and according to

the terms of said petition. The said owners of said

abutting property paying the whole of said costs of

paving said streets, according to this said "Oklahoma

Plan" in ten equal annual installments evidenced by

bonds hereinafter provided for, and such other informa-

tion as will give the public and the proposed bidders

all necessary information regarding the work proposed

to be done and the contract executed to be made. Such

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

83

Bainbridge Street Improvements.

notice shall be published once a week for four consecutive weeks in a newspaper published in said City in which the legal advertisements appear. At the time and place specified in said notice the Mayor and Aldermen shall receive and examine all bids submitted and award the contract to the lowest and best bidder, or the Mayor and Aldermen will have the right to reject any and all bids and readvertise for bids if in their judgment said bids are unsatisfactory.

Sec. 8Y2. Be it further enacted by the authority

aforesaid, that as soon as said contract is let and the costs

Apportionment of costs,

of the improvements ascertained, which costs shall in- and expenses.

clude all expenses incurred incident to said improvements,

such as engineering fees, printing bills, and all other

necessary and incident expenses, the Mayor and Alder-

men shall appoint a committee of the council by ordin-

ance, said committee's duties being to appraise and ap-

portion the costs and expenses of the improvements to

the several tracts of land abutting on said improvements,

and within fifteen days thereafter said committee shall

file with tl:>e clerk of a written report of such appraisal

and apportionment on the basis by which said pavement

was petitioned for, whether on the third plan or the

Oklahoma""Plan. Immediately thereafter the clerk of Notice to

the council shall notify such person owning land abutting

owner of property.

on the streets, sidewalks, or alleys petitioned to be paved

or improved as set out in section 2 or 3 of this act, by

mail, giving the approximate amount of such assess-

ment against such property. When said report has

been returned and filed, after notice given to each pro-

perty-owner assessed, the Mayor and Aldermen shall

appoint a time for holding a session of council, or shall

designate a regular meeting, for the hearing of any ob-

jections that may be made concerning said appraisal

report of apportionment as to any such tract or lot of

land abutting on said improvements, and notice of such

session of Council shall be published in one issue of the

newspaper published in said city in which the legal ad-

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PART II.-TITLE !I.-MUNICIPAL CORPORATIONS.

Bainbridge Street Improvements.

Hearing and review.

vertisements appear. The time fixed for said hearing shall not be less than five or more than fifteen days from the date of the publication of said notice. At said session the Mayor and Aldermen shall have the power to review and correct the appraisals and apportionments made, to hear objections to the same, and either confirm the report of the committee or otherwise give the same proper direction.

Installment payment of assessments.
Interest.

Sec. 9. Be it further enacted by the authority aforesaid, that the assessment made against the property and the owners thereof, abutting on such improved streets, sidewalks, or alleys, shall be paid in ten equal annual installments and shall bear interest at the rate of six per cent. per annum until paid, said interest being payable annually. Said ordinance shall also provide that the said owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the passage of said ordinance. The owners of the property so a-ssesed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the treasurer of the City of Bainbridge and relieve their property from the lien of said assessment, which money so paid to said treasurer shall be destributed pro rata between the contractor and the City in proportion to their respective interest.

Times for payments.

Sec. 10. Be it further enacted by the authority aforesaid, that the first installment of such assessment together with interest to that date upon the whole shall be payable on the first day of December next succeeding the date of the levy of such assessment, and one installment with the annual interest upon the whole amount remaining unpaid shall be due and payable on the first day of December of each succeeding year thereafter until the entire assessment shall be paid. It shall be the duty of said Treasurer of or the Clerk of the City, not less than thirty nor more than forty days before the maturity of

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

85

B&inbrldtre Street Improvements.

any installment of such assessment, to cause to be published, in two consecutive issues of the newspaper of Notlee. which the legal advertisements appear, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the streets, sidewalks, and alleys for the improvement of which such assessments have been levied, and unless the same shall be paid promptly proceeding will be taken to collect such installments and interest.
Sec. 11. Be it further enacted by the authority aforesaid, that the assessment and each installment thereof, Special lien.
and the interest thereon, is hereby declared to be a special lien against the lots or tracts of land so assessed from the date of the ordinance or resolution levying the same coequal with the lien for tues and superior to all other liens.
Sec. 12. Be it further enacted by the authority aforesaid, that within thirty days from the passage of the or- Bond issue. dinance or resolution providing for assessment the Mayor and Aldermen shall by resolution provide for the issuance of bonds in the aggregate of such assessment remaining unpaid, bearing date thirty days from ~ passage of the ordinance levying the assessment, and in such denomination as the Mayor and Aldermen shall determine, which said bonds shall in no event become a liability of the City Bainbridge. One tenth in amount of such bonds, with the interest upon the whole series, shall be ~ P:r due and payable on the first day of January next succeeding the maturity of the first installment of the assessment, and one tenth thereof with the annual interest upon the whole shall be due and payable on the first day of January in each succeeding year. Said bonds shall bear interest at the rate of six per cent. per annum and Interest. shall be designated "street improvement bonds/' and it shall be recited therein and as a part thereof that said bonds are payable solely from assessments which have

86

PART 11.-TITLE !I.-MUNICIPAL CORPORATIONS.

Bainbridge Street Improvements.

Signed and sealed.
Sales. Proceeds applied.
Registry of bon do.

been made, and shall not be a liability on the City. Said bonds shall be signed by the Mayor and attested by the Clerk of Council, and shall bear the impression of the corporate seal of the City. Each bond shall have ten interest coupons, showing the amount of interest annually due thereon. Said bonds shall be sold at not less than par, and not less than par value, and the proceeds thereof applied to the payment of the contract price of such street improvements, or may in the discretion of the Mayor and Aldermen be delivered to .the contractor at not less than par and not less than par value in payment of the amount due on his contract. Said bonds shall be registered by the Clerk of Council in a book provided for that purpose, and certificates of such registration shall be endorsed thereon.

Assessments payable.
Aeeount of collections.
Execution.
Levy and sale.

Sec. 13. Be it further enacted by the authority aforesaid, that the assessment provided for in this act shall be payable on the first day of December of each year, together with the interest thereon, to the treasurer of the City of Bainbridge, who shall give proper receipts therefor; provided, that if the assessments are made after September 1st, the first installment shall be due and payable on December 1st of the next succeeding year. It shall be the duty of the treasurer to keep an accurate account of all such collections made by him on such assessments bonds, keeping the same in a separate fund to be used and applied on the payment of such bonds to the holders thereof. It shall be the duty of the treasurer promptly after the date of the maturity of any such installment or assessment on or before the 20th day of December of each year, in case of default of such installment or assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement and against the owner thereof for the amount of such assessment with interest, and he shall turn the same over to the chief of police, who shall levy the same on the land described, and after advertisement as in case of sale for taxes by the city shall expose the same at

PART !I.-TITLE H.-MuNICIPAL CORPORATIONS.

87

Bainbrid!le Street Imprmrement&.

public sale and sell the same to highest bidder, and appropriate the proceeds of to the payment of such bonds, and, if any amount remain, turn the same over to the owner of such tract. After such sale the city chief of police shall execute and deliver a deed to the purchaser, Title. who shall be vested with the title thereto subject to the lien. only of the remaining unpaid installments or assessments; provided however that the person against whom and whose property the fi. fa. has been issued aforesaid Affidavit of shall have the right to file an affidavit denying the whole mes:a.lity. or a.ny part of the amount for which the execution issued is due, or that he has other legal defenses to the payment of the same, which affidavit shall be filed with the chief of police, who shall return it to the Superior Court of the county where the amount of the execution is over one hundred dollars, and to the Justice Court of the 513th District G. M., Decatur County, where the amount of the execution is less than one hundred dollars, where the respective courts shall try t,he same in the same manner as other affidavits of illegality are tried, which are filed to the levies of tax fi. fas. or otherwise.
Sec. 14. Be it further enacted by the authority afore- ather pavlns: said, that all other laws in and amendments to the charter la.ws repea.led. of the City of Bainbridge relative to paving are hereby repealed, and that this act shall be the sole and only paving law in force for the City of Bainbridge.
Sec. 15. Be it further enacted by the authority afore: said, that alllav.'"S and parts of laws inconsistent and in conflict herewith are hereby repealed.
Approved March 19, 1926.

88

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

:Baxle:r Street l~~Qm~v ementll.

BAXLEY STREET IMPROVEMENTS.
No. 3, FIRST SESIION.
An Act to amend an Act to create and establish a new charter for the City of Baxley, which was approved August 21, 1921, by adding to same and immediately after Section 61 of said original Act aforesaid, to be known as Subsections 61A, 61B, 61C, 61D, 61E, 61F, 61G, 61H, 61I, 61J, 61K, 61L, 61M, 61N, 610, and 61P, and which original charter declares the rights, powers, and privileges of said corporation, providing for a Mayor and Council, and to amend said Act heretofore specified, and to empower the City of Baxley to grade, pave, drain, macadamize, curb, and otherwise improve any of the sidewalb, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other pubic places or highways or any portion thereof within the corporate limits of said City of Baxley, and repave, regrade, and recurb any of said places in said City of Baxley, and to assess the cost of making such improvements in whole or in part, as provided for in this amended Act, against the abutting property and its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments and to create a lien on such property therefor; to provide for the issuing of bonds to be known as "Street Improvement Bonds" to be negotiated by the City, or otherwise used in making the provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to impose punishment as for a misdemeanor for any one using such funds for any other purpose; that the City may assess, as provided for in this amended Act, the cost of so improving street intersections, as well as the cost of making any and all necessary curbing, against the owner of property abutting on the street or streets in which the intersections occur, as well as against the abutting property in the extension of the

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

89

Baxle:r Street Improvements.

pavement of which street curbing may be neceuary. The purpose of this amended Act being to empower the City of Baxley to auess the cost of paving street intersections as provided for in this Act, and making all neceuary curbing, whether the street intersections or the curbing abuts from the property of private individuals or not, said cost to be prorated among the owners and their property which abuts, upon which the street or streets from which the intersections occur or the curbing may be neceuary, in just such proportion, as provided for in this Act, as the Mayor and Councilmen of said City may deem equitable and just; to empower said City to create between itself and any person, firm, corporation, or governmental agency or department the relation of principal and agent for the making of any or all contracts for the making of said. improvements, so that the City may authorize any person, :firm, corporation, governmental agency, division or department to make for it and in its behalf any and all contracts and agreements for the making of improvements; to empower the Mayor and Councilmen of said City to issue the bonds of said City for the purpose of making any and all said improvements or any portion thereof, in accordance with this Act, or which have heretofore been authorized by law, provided that in the issuing of said bonds all the provisions of the Constitution and the laws of this State regarding the issuing of municipal bonds shall be fully complied withi to empower said City of Baxley to accept and receive any gift, donation, and contribution from any source whatever for the purpose of making any of said improvements, and to empower the Mayor and Councilmen of said City to
use and appropriate any such donation, gift, or contribution in their discretion, either in reduction of any
asseument which may be made against said City as its proportion of the cost of making any of said improvements, or in reduction of any of the assessments which may be made against the owner and the abutt-
ing property; to empower said city to levy an ad va-

90

PART It-TITLE Il.-MTJNICIPAL CoRPORATIONS.

Baxley Street Improvements.

lorem tax not to exceed eight mills on all the property, real and personal, within the corporate limits of said City which is taxable under the laws of the State, for the purpose of paying said bonds and interest thereon and paying for said improvements, and that any protion of the funds so raises may, in the discretion of the Mayor and Councilmen of said City, be used to make any of the improvements herein authorized, and this method of payment for said improvements herein authorized shaUbe additional and cumulative of the other methods for payment therein authorized; and for other purposes.

Aet of. 11111 amended.

Subsection 61A. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, an Act incorporating the City of Baxley in the County of Appling, and providing a gov-ernment for same, as approved August 21, 1911, adopted by the General Assembly of Georgia amending said Act, be and the same is hereby amended in the particulars hereinafter set out.

Powers.

Subsection 61B. Be it further enacted by the authority aforesaid, that the Mayor and Council of said municipality shall have full power and authority in their discretion to grade, pave, macadamize, curb, drain, and other wise improve for travel the stree~s, sidewalks, footways, crossways, drains, gutters, roads, lanes, alleys, public squares, or other public places or highways, or any portion thereof, within the corporate limits of said municipality, and that whenever any of the said streets, sidewalks,
footways, crossways, drains, gutters, roads, lanes, alleys, public squares, or other public places or highways, or any portion thereof, shall have been authorized under the laws and ordinances of said municipality to be graded, paved, or macadamized, curbed, drained, and otherwise improved, and the cost of such improvements has been ascertained, which cost shall include all expenses incurred by said municipality incident to such improvements, the

PART H.-TITLE H.-MUNICIPAL CoRPORATIONS.

91

Baxley Street lmpravementa.

Mayor and City Council shall by written resolution appor- ~~:r:f:~at. tion the cost and expenses of the same pro rata per front etc. foot to the several tracts, lots, or parcels of land abutting upon the area covered by such proposed improvements not in excess of two thirds of said cost, and that the other one third shall be borne by the said City of Baxley, and shall then levy assessments against said abutting property Assessments.
as herein provided, and the owners thereof, in accordance with such apportionment and as hereinbefore provided, which assessments shall be paid in ten equal annual in-. Installments. stallments, and shall bear interest at the rate of not exceed- Interest. ing six per cent. per annum until paid, said interest payable annually; and provided that the amount to be paid by said City of Baxley may be proportionately reduced according to any amount of funds on any street that may :&eduetian. be supplied by or through any governmental agency or other source.
Subsection 61C. Be it further enacted by the authority aforesaid, that the first installment, together with Pa:rments.
interest to that date upon the whole, shall be due and payable on the first day of December next succeeding the date of the first day of the levy of such assessment, and one instal.lment, together with the yearly interest upon the amount remaining unpaid, shall be due and payable on the first day of December in each succeeding year, until all shall have been paid; provided, nevertheless that any one or more of the said owners of the property assessed lhall have the privilege of paying the amount assessed against his property within thirty days from the date of the passage of the resolution levying the assessment, without interest, and thus r.elieve his property from the lien of such assessment.

Subsection 61D. Be it further enacted by the authority aforesaid, that such special assessment and each install- Lien.
ment thereof, together \vith interest on the same, shall be a special lien against the lot, parcel, or tract of land so assessed, from the date of the resolution levying the

92

PART H.-TITLE H.-MUNICIPAL CORPORATIONS.

:Baxles Street Improvements.

assessment, coequal with the lien of other taxes, and prior and superior to all other liens against such lots, parcels, or tracts, and such liens shall continue until such assessment and interest thereon shall be fully paid.

Bond issue. Subsection 61E. Be it further enacted by the author-

ity aforesaid, that thirty days after the date of the passage

of said resolution apportioning and levying such assess-

ments, the Mayor and City Council shall by written

.resolution provide for the issuance of bonds in the aggre-

gate amount of such assessments then remaining unpaid,

bearing date thirty days after the passage of the resolution

levying said assessments, and such denominations as the

Mayor and City Council may determine, which bonds

shall become a debt and liability of the City of Baxley

by reason of its issuing the aame for the purpose herein

apecified. One tenth in amount of any such series of

bonds, with the intereat upon the whole amount of such

seriea up to the :first day of January next succeeding the

When payable.

maturity of the first installment of the assessment as

hereinbefore provided, shall be payable on that date; and

one tenth in amount of such issue of bonds, together

with the annual interest upon the whole amount thereof

remaining unpaid, shall be payable on the first day of

January in each succeeding year until all of said install-

Intereat rate. ments shall have been paid. Such bonds shall bear in-

terest at a rate not exceeding a rate of six per cent. per

annum from their date until maturity, payable annually,

and shall be designated "Street Improvement Bonds,"

and shall on their face recite the streets or other public

places for the improvement of which they have been

issued, and that they are payable as heretofore provided,

two thirds to be paid by the abutting property owners,

one half of said two thirds to be paid by the abutting

property owner on one side of such street or other public

place so to be improved, and one half of said two thirds

to be paid by the abutting property owner on the opposite

side, from assessments which have been levied upon lots,

parcels, and tracts of land benefited by such improvements

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

93

Baxley Street Improvements.

under authority of this Act, and the remaining one third to be paid by the City of Baxley. Said bonds shall be :~~n:!~t. signed by the Mayor and attested by the City Clerk, and shall have the impression of the corporate seal of said City thereon, and shall have interest coupons attached; and all bonds issued by authority of this Act, shall be payable at such place, either within or without the State of Georgia, as may be designated by the Mayor and Council. Said bonds shall be sold at not less than Sale price. par, and the proceeds thereof applied to the payment of the contract price and other expenses incurred in the making of such improvements, or such bonds may in whole or in part be negotiated and delivered to the Contractor, at not less than par value, in payment of any amount due him on his contract. Any portion of the Disposal. bonds not so negotiated or turned over to the contractor may be sold or otherwise disposed of by the Mayor and City Council, at not less than par value, and the proceeds applied to any expense incident to and incurred by the City in providing for such improvements in accordance with this Act. Said bonds may, at the option of the Registry. holder thereof, be registered by the City Clerk in a book to be provided for that purpose, and a certificate of regsitration by the Clerk shall be by him endorsed upon each of said bonds.
Subsection 61F. Be it further enacted by the authority aforesaid, that the assessments provided for and levied :::.~.~!n~~. under the provisions of this Act shall be payable by the person owning the said lot, parcel, or tract of land on the first day of December of each year, together with the interest thereon, to the Clerk of the City of Baxley, who shall give proper receipts for such payments; provided, that if the levy of such assessments is made after September 1st, then the first installment and interest shall become due and payable on December 1st of the succeeding year. It shall be the duty of the City Clerk to keep Account of an accurate account of all such collections made by him, collections. and such collections shall be kept in a separate fund to

94

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

Baxley Street Improvements.

Penalty.
Exe~ution.
Levy and sale.
Title. Affidavit of illegality.

be used and applied for the payment of such bonds and the interest thereon, and for no other purpose. Any misapplication or misappropriation of such funds by any one shall constitute a misdemeanor, and be punishable as such under the criminal laws of this State providing for the trial and punishment of persons committing any misdemeanor. It shall be the duty of said Clerk, upon default of payment of the principal or interest of any assessment or installments herein provided for, at the maturity thereof, to promptly issue an execution against the lot, parcel, or tract of land assessed for such payment, or against the owner of the property for the full amount thus becoming due and unpaid, and to forthwith turn over such execution to the City Marshal, who shall promptly levy the same upon the real estate liable for the assessm{mt, and previously assessed for such improvements; and, after advertisement and other proceedings as in the case of sales for City Taxes, the same shall be sold at public outcry, to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest; provided, that the defendant in execution shall have the right to file an affidavit of illegality, denying that the whole or any part of the amount for which the execution issued is due, stating what amount (if any) he admits to be due, which amounts so so admitted to be due shall be paid before the affidavit is received. All such affidavits shall set forth in detail the reasons why the affiant claims the execution is proceeding illegally, and, when received by the Marshal, said affidavit shall be returned by him to the Superior Court, and there. be tried and the issue determined as in cases of illegality, subject to all fines and penalties provided by law in such cases for delay.

Cost to owners.

Subsection 61G. Be it further enacted by the authority aforesaid, that the expenses shall not be greater on any abutting property owner than heretofore provided for constructing sidewalks, footways, drains, and gutters

PART 11.-TITLE 11.-MuNrcrPAL CoRPORATIONS.

95

Baxley Street Improvements.

along the sides of all public thoroughfares in said City, which, together with the whole cost of all materials used in making such street improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements, and paid by the owners of such property as heretofore provided according to its frontage; and that the cost of making such other street improvements as are authorized by this Act may be apportioned and assessed as between the City of Baxley and the abutting property and the owners thereof on each side of the street or public thoroughfares to be paved, macadamized or otherwise improved, in just such proportions as the Mayor and City Council may deem proper, not in excess of the proportion herein provided, and the Mayor and City Council of said City are hereby given power and authority, in their discretion, to apportion and assess any part or all of the cost of making said improvements against the City of Baxley, or they may in their discretion apportion and assess any part or all of the cost of making said improvements against the abutting property and the owners thereof to be paved, macadamized, or otherwise improved, according to the frontage of said property thereon, not in excess of the cost heretofore specified. If, in the discretion of the Mayor and Council, any portion of such cost is assessed against and is to be borne by the City, such assessment and expenses may be paid out of any available funds for that purpose in the City Treasury, or from the proceeds of bonds duly authorized and issued by said City.
Subsection 61H. Be it further enacted by the author- Payment of ity aforesaid, that the Mayor and City Council may in interest. its discretion, by proper written resolution, provide for and require the payment of interest on the bonds authorized to be issued in accordance with and in the same manner, under the same conditions, and under the same rights and powers as to apportionment and assessment for the cost thereof as they are in this Act authorized to make improvements in the first instance.

96

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.

Baxley Street Improvements.

Railroads assessed.
County liability.

Subsection 611. Be it further enacted, that where the right of way of any railway company crosses any public thoroughfare within the corporate limits of the City of Baxley, such company is to be deemed for all the purposes of this Act as the owner of the property on both sides of such thoroughfares to the extent of the entire width of the right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its track or tracks, and where the right of way or other occupied or unoccupied land of any railway company lies longitudinally along and abuts upon any street or thoroughfare in said City, such company and its said abutting property shall be subject to all the provisions of this Act in the same manner and to the same extent as other persons, firms, and corporations owning property in the City of Baxley. And all property owned by County of Appling lying within such corporate limits and abutting upon any square or public thoroughfare of the City shall be assessable for any and all public improvements authorized by this Act in the same manner and to the same extent as such property would be if owned by any private individual, without regard to the use made by the County of such property.

R"paving, etc.

Subsection 61J. Be it further enacted by the authority aforesaid, that the Mayor and the City Council of said City shall have the power and authority to repave, regrade, recurb, redrain, and remacadamize, in their discretion, any and all of the streets and other places which they are authorized in this Act to improve, in the same manner, under the same conditions, and under the same rights and powers as to apportionment and assessment for the cost thereof, as they are in this Act authorized to make improvements in the first instance.

Street intersections.

Subsection 61K. Be it further enacted by the authority aforesaid, that the Mayor and City Council, may assess any part or all of the cost for so improving c;;treet intersections, as well as any part or all of the costs of making

PART !I.-TITLE !I.-MUNICIPAL CoRPQB.ATIONI.

97

any and all neceeary curbing, apinst the owners and their. property abutting on the street or streets in which the intersections may occur or the curbing may be necessary, whether the street intersections or the curbing abuts upon the property of private individuals or not, said cost to be proportioned among the owners and their property which abuts upon the street or streets in which the intersection may occur or the curbing may be necessary in just such proportions as the Mayor and CityCouncilofsaid City may deem equitable and just, hut in no event shall it be in excess of two thirds of the actual cost of same against any property" owners or abutting properties.
Subsection 61L. Be it further enacted by authority aforesaid, that the Mayor and City Council of said City Aaenc:v. shall have the power and authority to create between itself and any person, firm, corporation, or governmental ,agency, division, or department thereof, the relation of prm Clpal and agent for the makingof any and a11 contract s Contracts. for the doing of said improvements, so the that City may authorize any person, firm, corporation, or governmental agency, or division, department thereof, to mak.e for it " and in its behalf any and all contracts and agreements for the making of said improvements.
Subsection 61M. Be it further enacted by authority aforesaid, that the Mayor and City Council of said City Dads. shall have the right and authority in their discretion to issue the bonds of said City for the purpose of maldng any portion or all of said improvements herein authorized, or which have heretofore been authorized by law, provided that in issuing said bonds all the provisions of the Constitution and laws of this State regarding the issuing of municipal bonds shall be fully CQmplied with.
Subsection 61N. Be it further enacted by authority aforesaid, that said City shall have the right to accept Donations. and receive any gift, donation, or contribution from any source whatever for the purpose of making any of said

98

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

Commerce Registration of Voters.

improvements, and the Mayor and City Council of said City are hereby authorized to use and appropriate any such gift, donation, or contribution, either in reduction or any assessments which it may see fit to make against said City as its proportion of the assessments for making any of said improvements, or in reduction of any of the assessments which may be made against the owners and their abutting property.

Tax ad valorem.

Subsection 61 0. Be it further enacted by authority aforesaid, that said City shall have the right and authority to levy an ad valorem tax not exceeding eight mills on all the property, real and personal, within the corporate limits of said City which is taxable under the laws of the State of Georgia for the purpose of supporting and maintaining and bearing the general expense of said City and its government, and that any portion of the funds so raised may, in the discretion of the Mayor and City Council of said City be used to make any of the improvements herein authorized, and that this method of payment for said improvements shall be additional and cumulative of the other methods of payment provided for herein.

Subsection 61P. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved March 16, 1926.

COMMERCE REGISTRATION OF VOTERS.
No. 6, SECOND SESSION.
An Act to amend an Act approved August 17th, 1909, to incorporate the City of Commerce in the County of Jackson, and prescribe its limits, to provide for the election of the Mayor and Councilmen and other officers of said City of Commerce, to prescribe their

PART H.-TITLE H.-MUNICIPAL CORPORATIONS.

99

Commerce Registration of Voters.

powers and duties and the manner of their election, to declare and provide for the Police Force of said City, and to provide for all matters of municipal concerns and cognizance, to provide that all valid bonds and contracts heretofore made and entered into by the municipal authorities of the City of Commerce and the Town of Harmony Grove shall be good and valid for and against the City of Commerce, that all property formerly held and owned by the Town of Harmony Grove shall be and become the property of the City of Commerce, to provide for the issuing of bonds for the establishment of ~ electric-light plant and also for the issuing of additional bonds for the enlargement of the present waterwquks and sewerage system in said City of Commerctl, so as to add a new Section to be numbered Section 45-A, providing that the Mayor and Council of the City of Commerce shall have authority to elect three or more City Registrars to prepare a registration list of the qualified voters of said -.City of Commerce who shall be entitled to vote in elections held in said City for the purpose of issuing bonds to improve the stre~ts and highways 0 thereof or pave the same also act in the same manner in all similar elections, to prescribe 'their duties, their term of office, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by au- Act or 1909 thority of the same, That an Act approved August 17th, amended.
1909, to incorporate the City of Commerce in the County of Jackson, and prescribe its limits, to provide for the election of the Mayor and Councilmen and other officers of said City of Commerce, to prescribe their powers and duties and the manner of their election, to prepare and provide for the Police Force of said City, and to provide for all matters of municipal concerns and cognizances, to provide that all valid bonds and contracts madeand entered into by the municipal authorities of the City of Commerce and the Town of Harmony Grove shall be

100

PART !I.-TITLE H.-MUNICIPAL CORPORATIONS.
Commerce Registration of Voters.

good and valid for and against the City of Commerce, and all property formerly held and owned by the Town of Harmony Grove shall be and become the property of the City of Commerce, to provide for the issuing of bonds for the establishment of an electric-light plant, and also for the issuance of conditional bonds for the enlargement of the present waterworks and sewerage system in said City of Commerce, be and the same is hereby amended by adding a new Section to be numberSection 45-A, and to read as follows:

New section.
Registration of voters. Duty of registrars.

Sec. 45-A. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That immediately after the passage of this Act the Mayor and Council of the City of Commerce shall be and they are hereby authorized and empowered to elect three or more upright and discreet persons who shall be freeholders and citizens of said City of Commerce, to Act as registrars for said City of Commerce, and whose term shall be for two years and until their successors shall be elected and qualified. It shall be the duty of said registrars to prepare a registration list of the qualified voters of said City of Commerce who shall be entitled to vote in elections held in said City for the purpose of issuing bonds to improve the streets and highways thereof or to pave the same, also in the same manner in all similar elections, which said registration list shall be furnished by said registrars to the managers of such elections in the way and manner provided by section 45 of said Act approved August the 17th, 1909.

Service.

Sec. 45-B. Provided, however, that the registrars herein provided for shall serve in like manner in all other similar elections held in said City.

Terms of office.

Sec. 45-C. Provided also that the term of office of the registrars first name under the provisions of this Act shall expire on January first, 1928.

PART IL-TITLE II.-MUNICIPAL CORPORATIONS.

101

Gainesville Industrial and Publicity Board.

Sec. 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved March 31, 1926.

GAINESVILLE INDUSTRIAL AND PUBLICITY BOARD.
No. 24, S::mcoND S::muioN.
An Act to . amend the Charter of the City of Gainesville, Georgia, by empowering the commissioner of said city of Gainesville to provide, maintain, and conduct an Industrial and Public Board; to provide how said board shall be organized; to provide for funds to be used by said board by authorizing and directing that the commissioners of said City shall levy an annual tax thereof, for the purpose of promoting the growth and interest of said City, the prosperity and welfare of its inhabitants, by advertising the advantages of said city; to provide for the ratification, Of this Act, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the
same:
Section 1. That from and tfter the passage and approval of this Act the Commissioners of the City of Gainesville shall be empowered to establish an Indus- ~ii~h to estrial and Publicity Board by appropriate resolution or board. ordinance providing for the ratification of this Act by vote of citizens of Gainesville, Georgia, and therein vest the power and authority to advertise the advantages of the City of Gainesville, Georgia, and surrounding territory for the purpose of promoting the interest in and growth of said City, thereby contributing to the prosperity and welfare of its inhabitants.

102

PART II.-TITLE ll.-MUNICIPAL CORPORATIONS.
Gainesville Industrial and Publicity Board.

Expenditures.

Sec. 2. That when said board shall have been so designated and organized, it shall have the power to expend moneys hereinafter provided for, to employ agencies and mediums for advertising, and do any and all things necessary to carry out the provisions of this Act.

Membership. Terms and duties.
Vacancies.

Sec. 3. Said Industrial and Publicity Board, when established as provided for by this Act, shall consist of three members, one of whom shall be elected by a majority of the Commissioners of said City, either from among said Commissioners or other citizens of said City; and one of whom shall be President of the Chamber of Commerce of~said City; and the other member to be elected by two above designated members, he being a resident and taxpayer of said City. All the members of said Board herein provided for shall serve without pay, and their term of office shall be for one year and until their successors shall be elected and qualified. Said Board when so designated shall meet on the first Saturday in January of each year and organize by electing one of their members chairman, another secretary and such other officers as said Board may deem necessary. All checks or warrants on said funds shall be signed by both the secretary and chairman of said board. Any vacancy occuring, except by expiration of term of office shall be filled by the remaining two members. In case the President of the Chamber of Commerce should refuse to act on said Board, then said Chamber of Commerce shall elect from among cits membership a member of said Board. Should the Chamber of Commerce cease to function as such, then said Commissioners of said City shall elect a second member of said Board from among the citizens and taxpayers of said city, other than said Commissioners, so that at no time there will not be more than one member of said board who shall be a commissioner of said city.

Sec. 4. That when said Act has been adopted as herein provided, the Commissioners of said City shall pass

PART !I.-TITLE II.-MTJNICIPAL CoRPORATIONS.

103

Gainesville Industrial and Publicity Board.

a resolution calling for the organization of the said Board by this Act created, and shall levy an annual tax on all Tax lev:v. the taxable property within the city, unless otherwise by law exempted from taxation, for the purpose of pro\iding said Board with funds for conducting an industrial and publicity program, which said tax shall not excede one (1) mill on each dollar of BSSessed taxable property. That when said tax has been collected by said City, said fund shall be deposited in the designated depository of said City of Gainesville, to the credit of the Industrial and Publicity Board.
Sec. 5. That said Industrial and Publicity Board shall have the power and authority to spend said money Authorlt:v of raised by tax hereinbefore provided, for the purpose of board. advertising the advantages and opportunities afforded by the C1ty of Gam.e~n'l'11e and surround'mg t ern'tory Advertiain&'. and in inducing industrial plants to locate in or near said City, said Board to conduct said advertising in the way and manner that seems best to them; and for this purpose said Board shall have the authority to establish agencies and mediums of advertising for said purposes herein provided, and Diaty in its discretion work in conjunction with or through the Chamber of Commerce, always looking to the best methods of carrying into effect the rights and powers prescribed in this Act. That all the funds provided herein shall be spent in the conduct of the affairs of said Board, in defraying its expenses of establishment, maintenance, and conduct in the interest in the publicity program.
Sec. 6. That said Industrial and Publicity Board, when organi1ed, shall have the power and authority B:v-Jaws. to adopt such by-laws, by a majority vote of said Board, not inconsistent with this Act, for the operations of said Board as it deems the conduct of the Publicity program.
Sec. 7. That before this Act shall become effective Referendus for the organization of said Board, the Commissioners to voten.

104

PART !I.-TITLE II.-MUNICIPAL CORPORATIONS.
Hartwe1J Street Improvements.

Ballots.

of the City of Gainesville, Georgia, shall pass a resolution or ordinance providing for said Industrial and Publicity Board to be created and organized and a tax not to exceed one (I) mill to be levied, as hereinbefore provided,. for the purpose of carrying on the publicity program herein authorized, and directing same to be voted on by the voters at any regular election or any regularly called election, thereafter. After the same has been voted on by those citizens of the City of Gainesville voting in the next regular election of said City, and who are qualified to vote for Commissioners in said election, and if a majority of those voting shall vote in favor of said Board, on ballots as hereinafter prescribed, said Board shall then be organized and said tax levied. Those voting in favor of the creation of the Industrial and Publicity Board and the tax of one mill shall have written or printed on their ballot the following: "For the creation of an Industrial and Publicity Board and tax not to exceed one (I) mill for Publicity." Those voting against said Board shall have written or printed on their ballot the following: "Against the creation of an Industrial Publicity Board and tax not to excede one (1) mill for publicity."
Sec. 8. That all laws and parts of laws m conflict with this Act are hereby repealed.
Approved April 10, 1926.

HARTWELL STREET IMPROVEMENTS.
No. 9, SEcOND SESSION.
An Act to amend an Act incorporating the Town of Hartwell, Hart County, Georgia, approved February 26th, 1856, and an Act approved September 9th, 1889, defining the corporate limits thereof, and an Act amending the Act approved February 26th, 1856,

PART II.-TITLE Il.-MUNICIPAL CORPORATIONS.

105

Hartwell Street Improvements.

approved November 4th, 1899, and an Act amending the charter of the Town of Hartwell, approved November 15th, 1901, and the Act approved August, 13th, 1904, changing the name of the Town of Hartwell to the City of Hartwell, and more particularly to amend an Act approved August 18th, 1923 contained in Georgia Laws, 1923, pp. 662-671, both inclusive, to wit: "An Act to amend an Act incorporating the City of Hartwell, Hart County, Georgia, approved August 13, 1904, so as to authorize and empower said City of Hartwell through its governing authorities to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places or highways or any portion thereof within the corporate limits of said city, and to assess the cost of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds known as Street Improvement Bonds to be negotiated by the City or otherwise used in making provisions for the payment of the costs of such improvements; to provide for a special fund for retiring such bonds, and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation to be used in defraying the City of Hartwell's share of expense of such improvement; to authorize said improvements to be made and said paving and macadamizing to be done by the City of Hartwell, as herein provided, or in connection with any department of this State, and for other purposes," so as to provide for the appointment of a Board of Appraisers to fix the assessments against abutting property owners for street improvements, and define their duties and powers; to provide for a public hearing of any ob-
jection to the fixing of said assessments; for the levy-

106

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.
Hartwell Street Improvements.

ing of said assessments, and the manner in which said assessments shall be paid, and to provide a limit of time within which any suit may be filed or sustained to set aside any such assessments, or prevent the levying or collection of such assessments or the issuing of bonds therefor; to provide for the filing and recording of the assessment roll in the office of the Clerk of the Superior Court of Hart County, after the same shall have been made, and to define the contents thereof; to provide for the giving of a bond by the treasurer of the City of Hartwell with reference to the funds arising by reason of the assessments against abutting property owners, and for other purposes.

Act of 1923 amended.

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 the Acts of the General Assembly of the State of Georgia specified in the caption hereof, and particularly that Act of the General Assembly of the State of Georgia, approved August 18th, 1923, entitled, "An Act to amend an .-\ct incorporating the City of Hartwell, Hart County, Georgia, approved August 13th, 1904, so as to authorize and empower said City of Hartwell through its goYerning authorities to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places or highways, or any portions thereof, within the corporate limits of said city, and to assess the costs of making such improvements in whole or in part against the abutting property, and of its owners benefited thereby; to provide for the apportionment and collection by legal process of such assessments, and to create alien on such therefor; to provide for the issuing of bonds known as 'Street Improvement Bonds' to be negotiated by the city, or otherwise used in making provisions for the payment of the costs of such improvements; to provide for a special fund for the retiring of such bonds, and to authorize the levy and collection of a tax on all

PART 11.-TITLE 11.-MuNICIPAL CoRPORATIONS.
Hartwell Street Improvements.

107

the property in said city subject to municipal taxation to be used in defraying the City of Hartwell's share of the expense of said improvements; to authorize said improvements to be made, and said paving and macadamizing to be done by said City of Hartwell, as herein provided, or in connection with any department of this state; and for other purposes," be and the same is hereby amended in the following manner, to wit: By striking from the Act of the General Assembly of Georgia, approved August 18th, 1923, section 2 of said Act and substituting in lieu thereof, to be known as section 2 the following section, to wit: "Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the sidewalks, New sec. 2 footways, drains, gutters, streets, roads, lanes, alleys, public squares, highways, or other public places or any portion thereof, within the limits of said city, shall have Paving. etc. been authorized under the laws and ordinances thereof, to be paved, macadamized, curbed, or otherwise improved, and the contract therefor has been let, and the cost of such improvements has been ascertained, which cost shall include all of the expenses incurred by the city incident to such improvements, including the cost of intersection on any street or streets to be paved, the Mayor and Board of Aldermen of said city shall by writ- Board of ten resolution appoint a Board of Appraisers, consisting appraisers. of five persons who shall be freeholders of said City of Hartwell, and shall possess the same qualifications as are required by the charter and ordinances of said City of Hartwell for the office of Mayor; which, when appointed, shall do and perform all the duties provided for in this Act. In the event any member of said Board '"Of Appraisers is disqualified by reason of interest, relationship, or other cause, the Mayor and Board of Aldermen of said City is authorized to appoint in the place of said disqualified member another person as a member of the aforesaid Board. The said Board of Appraisers, within ten days from the date of the resolution appointing said Board, shall file a written report of Report of the appraisal, assessment, and apportionment of such assessment.

108

PART II.-TITLE ll.-MUNICIPAL CORPORATIONS.
Hartwell Street Improvements.

Objections, hearing.
Review.
Assessment roll.

expense and costs to the several lots and tracts of land abutting on said street, alley, lane, ayenue, or other public place, whether owned by private individuals, associations, corporations, the County of Hart, or the City of Hartwell, so improved, with the Secretary and Treasurer of the Board of Aldermen of said city, in the manner and on the basis herein provided. When such report shall have been returned and filed, the Mayor and Board of Aldermen shall appoint a time for the holding of a session of said Board of Aldermen or shall designate a regular meeting of said Board of Aldermen for the hearing of any complaints or objections that may be made concerning said appraisement, apportionment, and assessment as to any such tract or lots of land abutting on said improvement; and notice of said session for said hearing shall be published by the Secretary and Treasurer of said city once a week for two consecutiYe weeks in a newspaper of general circulation in the City of Hartwell, which notice shall provide for an inspection of such report by any property owner or other party interested therein. The time fixed for said hearing shall not be less than seven days nor more than fifteen days from the date of the last publication. Said Mayor and Board of Aldermen at said session shall have the power to review and correct said appraisement, apportionment, and assessment, and to hear objections to the same, and to confirm the same, either as made by said Board of Appraisers or as corrected by said Mayor and Board of Aldermen. When said appraisements, apportionments, and assessments shall have been finally fixed and determined, the Mayor and Board of Aldermen of said city shall make or cause to be made by the Secre.... tary and Treasurer of said city a full and complete statement thereof, to be known as the 'Paving Assessment Roll of the City of Hartwell,' which shall contain substantially the names of the owners of the property against which said assessments are made, the location of the property so assessed, and the amount of each assessment so made in pursuance of the provisions of this Act, and

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.

109

Hartwell Street Improvements.

when due, which shall be entered upon the Minutes of the Mayor and Board of Aldermen of said city, and a certified copy thereof filed in the office of the Clerk of the Superior Court of Hart County upon the deed records thereof, and, when so filed and recorded in said Clerk's office, shall constitute notice of the existence roticb or of the lien of said assessments on the property abutting r':cn~rd.Y the streets, sidewalks, and other public places so improved; provided, however, that this requirement as to the filing of said certified copy in the office of the Clerk of the Superior Court of Hart County is cumulative, and shall not. be construed as affecting in any manner the status, rank, or dignity of the assessment liens therein authorized to be made. When said assessments shall have been paid in full, the Secretary and Treasurer of the City of Hartwell is authorized to cause an entry to that effect to be made on the records of the Clerk of the Superior Court of Hart County, and also upon the records made by him."

Sec. 2. Be it further enacted by the authority aforesaid, that the Acts of the General Assembly of Georgia, approved August 18th, 1923, be and the same are hereby amended by striking therefrom Section 3 thereof, and substituting in lieu of said Section 3 the following sec- New sec. s. tion to be known as Section 3 of said original Act: "Sec. 3. Be it enacted by the authority aforesaid, that the Assessments.
said Mayor and Board of Aldermen shall by written resolution levy an assessment against the lots or parcels of land abutting on said improvement, in accordance with said appraisement, apportionment, and assessment, as confirmed by the said Mayor and Board of Aldermen, and such assessments shall be due and payable fifteen days after the date of the ordinance levying ~fe~n paysaid assessments, without interest; but each and every owner of property against which such an assessment has been levied shall have the privilege of electing to pay the same in ten equal annual installments, one of said installments being payable on the first day of De-

110 PART H.-TITLE H.-MUNICIPAL CoRPORATIONS.
Hartwell Street Improvements.

Interest. Notes.
Estoppel.
Fees on notes.

cember next succeeding the date of the levy of such assessment, or at such other date or dates as the Mayor and Board of Aldermen may in their discretion fix, and one annual installment, together with annual or semiannual interest as fixed by said Mayor and Board of Aldermen, upon the amount remaining unpaid, shall become due and payable on the first day of December each succeeding year, by giving to the City of Hartwell his promissory notes in a form approved by said Mayor and Board of Aldermen for such deferred payments, with proper interest coupons attached thereto, for interest from the date of the ordinance levying said assessments, and payable annually or semi-annually, and on such dates as are fixed in said ordinance, which said notes shall not be in satisfaction and extinguishment of said assessments and the lien thereof on the property against which they have been levied, and said assessments and liens may be enforced for the payment thereof. Any property owner by electing to pay said assessment in ten equal annual installments by giving promissory notes for said installments shall be conclusively and forever held to have agreed, admitted, and declared that the said assessment is in every respect a valid lien against his property in accordance with the terms of the ordinance levying said assessments, and shall be forever estopped from contesting the same on any ground whatsoever. The notes so given shall contain a stipulation to pay, in addition to the principal and interest thereof, reasonable attorney fees, which may be col lected upon the City of Hartwell's serving written noticof its intention to issue an execution for said assessments, which notice shall be served upon the person owning the property against which the lien of said assessment exists, ten days prior to the issuance of said execution, which fees, if collected shall inure to the benefit of the City of Hartwell to reimburse it for any expense incurred in the collection of such assessments."
Sec. 3. Be it further enacted by the authority aforesaid, that the Act of the General Assembly of Georgia,

PART II.-TITLE II.-MuNrcrPAL CoRPORATIONS. Ill
Hartwell Street Improvements.
approved August 18th, 1923, be and the same is hereby amended by striking therefrom Section 4 thereof and substituting in lieu of said Section 4 the following section to be known as Section 4 of said original Act, as follows: "Sec. 4. Be it further enacted by the authority afore- New sec. 4. said that no suit shall be sustained to set aside any such assessment or to enjoin the said Mayor and Board of Aldermen from making any such assessment or levying or collecting any such assessment, or from issuing bonds as hereinafter provided, or providing for their payment . . . f a.s h ere.m auth on.zed, or to contest the val"1d"1ty t hereof aLc1tmio1nta.tJon o on any ground or for~any reason, unless such suit shall be commenced within sixty days after the passage of the ordinance making such assessment final; provided that in the event any special assessment shall be found to be invalid or insufficient, either in whole or in part, for any reason whatsoever, the said Mayor and Board of Aldermen may at any time, in the manner provided for the levying of the original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original asessment."
Sec. 4. Be it further enacted by the authority aforesaid, that Section 6 of the Act of the General Assembly of Georgia, approved August 18th, 1923, be and the same is hereby amended by striking therefrom the words, "which bonds shall in no event become a debt or liability sec. s of said City of Hartwell by reason of its issuing the same amended. for the purpose herein specified," so that when so amended said Section 6 shall read as follows: "Section 6. Be it enacted by the authority aforesaid, that any time after the date of the passage of the ordinance or resolution apportioning and levying the aforesaid assessment, the Mayor and Board of Aldermen of the City of Hartwell may by written ordinance or resolution provide for the issuance of bonds in the aggregate amount remaining Bond issue. unpaid, which shall bear date as may be fixed and determined in said ordinance or resolution. Said bonds to be of St!Cb denomination as said Mayor and Board

112

PART !I.-TITLE H.-MUNICIPAL CORPORATIONS.
Hartwell Street Improvements.

Bonds.

of Aldermen may determine; one tenth of the amount of such series, of bonds with the interest upon the whole

amount of such series shall become due and payable on

the first day of January next succeeding the date of the

issuance thereof, and one tenth of the amount of such

issuance of bonds together with the interest, annual or

semi-annual, upon the whole amount thereof remaining

unpaid, shall be payable on the first day of January in

each succeeding year until all of said installments shall

Interest.

have been paid; said bonds shall bear interest at not

exceeding eight per cent. per annum from their date

until maturity, which interest may be required to be

paid annually or semi-annually, as said Mayor and Board

of Aldermen may determine, and shall be designated

'Street Improvement Bonds,' and shall on their face

recite the street or streets or other public place or places

for the improvement of which they have been issued,

and that they are payable from assessments which have

been levied upon lots, parcels, and tracts of land bene-

Signature and seal.

fitted

by

such

improvements

under

the

authority

of

this Act. Said bonds shall be signed by the Mayor of

the City of Hartwell and attested by the Secretary and

Treasurer thereof, and shall have thereupon the impres-

sion of the incorporate seal of said city, and shall have

attached thereto interest coupons; and all bonds issued

by virtue of this Act shall be payable at such place, either

within or wrhout the State of Georgia, as may be des-

Proceeds.

ignated by said Mayor and Board of Aldermen; the proceeds of said bonds shall be applied to the payment

of the contract price and other legal expenses incurred

in making such improvements, or such bonds may be,

in whole or in part, negotiated and delivered to the con-

tracting person, persons, firm, firms, corporation or

corporations, making and having made such improve-

ments, at such price as may be agreed upon in payment

of any amounts due upon contract or contracts, and any

portion of the bonds not so negotiated may be sold or

otherwise dispose of by the aforesaid authorities of the

City of Hartwell, and the proceeds applied to any e

PART II.-TITLH H.-MUNICIPAL CORPORATIONS.

113

:Hartwell Street Improvement&.

pemse incident to and incurred by the city in providing for such improvements; said bonds shall be registered Regiaf:IT.
by the Secretary and Treasurer oi the City of Hartwell as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration sh~ll be endorsed upon each of said bonds!'

Sec. 5. Be it further enacted by the authority afore- Sec.,

said, that said Act be and the same is hereby amended amended.

by adding to Section 7 thereof the following: uThat

the secretary and Treasurer of the City of Hartwell, in

addition to the bond now required of him by law as such

.

officer, shall give bond with good and sufficient securit7 ~!~urer"

to be approved by the Mayor of said city and payable

to the City of Ha:rtwell, in an amount equal to the prin-

cipal and interest of the assessments due and payable

during any one year in which said assessments shall be

due and payable, which bond shall be for the use and

benefit of the holders oi any of such street improvement

bonds herein authorized to be issued, which bond shall

contain such conditions as the Mayor and Board of

Aldermen may by ordinance prescribe, and that the

City of Hartwell for itself or for others legally or equit-

ably have

interested in said street the right to institute. suit

assessment thereon in

bonds shall" any court oi

b8:~~t~- n11

competent jurisdiction; provided, however, that if the

governing authorities oi said city shall fail or refuse to

institute suit thereon when having been requested so

to do in writing by any holder or holders oi said street

improvement bonds, the holder or holders of said street

improvement bonds shall have the right to imsti.tute suit

thereon in the name of the City of Hartwell for the use

, and benefit of the holder or holders of any of such bonds

and that the cost of so doing, including attorney fees,

shall be borne by the said City of Hartwell."

Sec. 6. Be it further enacted by the authority afore-
said, that Sec. 13 of said Act be and the same is hereby ~mended by striking therefrom the words trthe City's

114 PART IL-TITLE IL-MUNICIPAL CORPORATIONS.
Homerville 'Registration of Voters.

Sec. 13 amended.

share of," so that said Section when so amended shall read as follows: "Section 13. Be it further enacted, that the Mayor and Board of Aldermen is hereby authorized and empowered to levy and collect an annual tax of not exceeding one dollar on each one hundred dollars worth of property within the city subject to municipal taxation, in addition to the tax now authorized to be levied for street purposes, which shall be a separate fund to be used as supplemental to the other fund herein provided for in mak.ing the improvements authorized under this Act, which shall be collected in the same manner as other taxes of the City of Hartwell are collected."
Sec. 7. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved March 31, 1926.

HOMERVILLE REGISTRATION OF VOTERS.
No. 8, SEcoND SEsSION.
An Act to amend section six of an Act entitled "An Act to repeal an Act incorporating the Town of Homerville, in the County of Clinch, approved December 23, 1896, and the several Acts amendatory thereof, and to provide a new Charter for said Town, and for the election of a Mayor and Councilmen, to prescribe their powers and duties, and for other purposes," approved August 22, 1907, Acts 1907, pages 723-728, as amended, so as to pro\ide for the registration of voters in the Town of Homerville, Georgia, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by au-
thorit1 of the same, That section 9W of ~Act entitl*'tl

PART H.-TITLE !I.-MUNICIPAL CoRPORATIONS.

115

Homerville lle!riatratilm of Voters.

"An Act to repeal an Act incorporating the Town of

_ Homenrille, in the County of Clinch, approved Decem-

ber 23, 1896, and the several Acts amendatory thereof,

and to provide ...., new Charter for said Town' and f"-'" aAmcet nodet d1.117 the election of a Mayor and Councilmen, to prescribe

their powers and duties, and for other purposes," ap-

proved August 22, 1907, Acts 1907, pages 723-728, as

amended, be and the same is hereby amended by adding

at the end thereof the following words, to wit: "Pro-

vided, the Mayor and Councilmen of the Town of Homer-

ville may by proper ordinances provide for the regis-

tration of such voters and require them to register as

an additional qualification," by striking from said sec- ~;g~~t:~on

tion the word "male," and by striking from said section

the words, "for officers of said Town," and placing in

lieu thereof the words "held in the Town of Homerville,

for any purpose whatever," so that said section six of

said Act shall, when so amended, read as follows: "Be

it further enacted, that all citiaens qualified to vote for

members of the General Assembly and who shall have

paid all taxes legally imposed and demanded by the

authorities of the Town and shall have resided thirty days

within the limits of .the corporation, and no other person,

shall be qualified to vote at any election held in the Town

of Homerville for any purpose whatever; provided the

Mayor and Council of the Town of Homerville may by

proper ordinances provide for the registration of such

voters and require them to register as an additional

qualification."



Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict therewith be and the same are hereby repealed.

Approved March 31, 1926.

116 PART !I.-TITLE IL-MUNICIPAL CORPORATIONS.
Jackson Street Improvements.

JACKSON STREET IMPROVEMENTS.
No. 10, FIRST SESSION
An Act to authorize and empower the Mayor and Aldermen of the City of Jackson, Butts County, Georgia, to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other public places in said city to improve the same by paving, macadamizing, and draining the same; to provide for the procedure for such grading, improving, paving, and draining, and for the making and collecting of assessments for the same, and establishing a lien therefor; to provide for the payment of such grading, improving, paving, draining, or other street improvement by the abutting and adjacent property owners, either in whole or in part, on a basis of ten per cent. yearly of the amount assessed against the abutting and adjacent property owners and interest thereon for ten years; to provide for the payment of the part thereof to be paid by the City of Jackson, if any part, by payment in cash, notes, bonds, or other legal methods; to provide for the renewal of any such paving; and for other ptlrposes.

Powers conferred.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That the Mayor and Aldermen of the City of Ja~kson, Butts County, Georgia, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks, and other public places in the City of Jackson and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations prescribed in this Act.

Assessment of abutting property.

Sec. 2. Be it further enacted by the authority aforesaid, that the lots, pieces, or parcels of land fronting and abutting upon both sides of said improvement shall be

PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.
Jackson Street Improvements.

117

charged with the cost thereof, according to the just pro

rata of the cost of said improvement for the said frontage,

on a basis of lineal foot frontage, between the abutting

property owners on each side of said street, avenue, lane,

alley, or sidewalk, of said city. Also, that the space

covered by the intersection of intersecting streets, avenues

Intersections of streets.

lanes or alleys shall be assessed either as real estate be-

longing to said City of Jackson, or against the abutting

or adjoining property owners, or between the abutting or

adjoining property owners, and the City of Jackson, as

may seem right and just in the sound discretion of said

Mayor and Aldermen of said City.

Sec. 3. Be it further enacted that the said Mayor and

Aldermen shall have the power, and it shall be their duty,

Cost of improve-

to enact and pass any ordinance and to establish such ments.

rules and regulations as may be necessary to require the

owners of all property subject to assessment to pay the

cost of such improvements and to cause to be put in and

constructed all water, gas or sewer-pipe connections to

connect with any existing water, gas, or sewer-pipes in

and underneath the streets, avenues, lanes, and alleys

and other public places where such improvements are to

be made, and all cost and expense for making such con-

nections shall be taxed against such property and shall

be included and made a part of the general assessment to

cover the cost of such improvements in addition to the

basis of said lineal foot frontage.

Sec. 4. Be it further enacted by the authority afore-

said, that the Mayor and Aldermen of the City of Jackson Contracts.

shall be empowered to make and let contracts, and shall

provide

that

the

contractor

shall

execute

to

the

City

of

Bond of Contractor.

Jackson a good and sufficient bond, in an amount to be

fixed by the Mayor and Aldermen, conditioned for the

full and faithful performance of the work and performance

of the contract for the paving and improving such streets,

lanes, alleys, avenues, and sidewalks of said City, and for

the protection of the said City and all property owners

118 PART II.-TITLE II.-MUNICIPAL CORPORATIONS.
Jackson Street Improvements.

interested against any loss or damage by reason of the negligent or improper execution of the work, and may require a bond, in an amount to be stated, for the maintenance of good condition of such improvements for a period of five years from the time of the completion of said work or such paving and improvements.

Advertisement for bids.
Publication of notice.

Sec. 5. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen shall be empowered to advertise for sealed bids or proposals for the furnishing of materials and performing the work necessary in making such improvements, the notice of such proposal to state the street or streets, lanes, avenues, and sidewalks or other public improvements to be so improved, the kind of improvements proposed, what bond shall be required to be executed by the contractor aforesaid, and shall state the time when and the place where such proposals shall be filed, and to be considered by the said Mayor and Aldermen. Such notice shall be published in two consecutive issues of the newspaper wherein the Sheriff's advertisements are advertised in and for the County of Butts. At the time and place stated, said Mayor and Aldermen shall examine all bids received, and award the contract to the lowest and best bidder, reserving the right to reject any and all bids for any sufficient reason appearing to the Mayor and Aldermen.

Apportionment of assessments.

Sec. 6. Be it further enacteed by the authority aforesaid, that the said Mayor and Aldermen shall appoint three discreet persons as appraisers, either from among the Aldermen of said City or from the citizens of the City of Jackson, who shall appraise and assess the cost and expense of grading, draining, paving, or otherwise improving any street, avenue, alley, lane, sidewalk, or other public place to be improved, and apportion said cost and expense to the several lots, pieces, or parcels of land abutting and adjoining the said street, avenue, alley, lane, sidewalk, or other public place to be so improved, said apportionment to be prorata on a basis of lineal foot

PART II.-TITLE 11.-MUNICIPAL CoRPORATIONS.

119

Jackson Street Improvements.

frontage of said property of the abutting land owners so improved, and shall immediately-after making such apportionment, as aforesaid, make a written report and file the same with the Mayor and Aldermen, who shall, upon receiving the report, publish notice of the filing of said report showing what streets, alleys, lanes, avenues, and sidewalks, or other public places to be improved and affected by said report, said notice to be published once in the newspaper in which the Sheriff of Butts County publishes legal notices, said notice requiring all persons interested, who oppose said improvements or the said cost and expense as appraised, assessed, or apportioned, Objections. to file their objections or protest to same within ten days from the date of said publishing of said notice; and in the event that any objection or protest may be filed, said Mayor and Aldermen shall, after the expiration of said ten days, pass on same, and may change same in any way as may seem to them just and right in the premises, and no protest shall be considered unless filed before the expiration of said ten days notice.

Sec. 7. Be it further enacted by the authority afore-

said, that after the expiration of the time of hearing of Levy of any protest that may be filed against the report of the assessments.

said appraisers stated in Sec. 6, the Mayor and Aldermen

shall levy assessments in accordance with said appraise-

ments and apportionments, as so conferred, against the

Several traCtS Of land liable therefor, provided, however, Interest rate.

that the rate of interest to be taxed shall not exceed one
per cent. (1%) over and above the rate of interest stipu-

lated in the bonds herein provided for, and that said

assessments shall be payable in ten equal annual install-

ments. The first installment of said assessments, together

With

m terest

to

that

date

upon

the

whole,

shall

be

due

Installment payments.

and payable on the 1st day of December next succeeding

the passage of an ordinance passed for the purpose above

named, and one installment with the yearly interest upon

the amounts remaining unpaid shall be payable on the

first day of December in each succeeding year until all

120 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Jackson Street Improvements.

shall be paid. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amount of their respective assessments, with the interset due thereon, within thirty days from the date of the passage of the ordinance, or on or before such date as said ordinance shall designate, and thus relieve his property from the lien of such assessment, and said ordinance shall also state from what date interest on said aessssments shall begin.

Lien of assessments.

Sec. 8. Be it further enacted by the authority aforesaid, that such special assessments and each installment thereof and interest thereon are hereby declared to be a lien against the property so assessed for such improvements from the date fixed in said ordinance levying the same, coequal with the lien of other taxes and prior and superior to all other liens against said lots, parcels, or tracts, and such lien shall continue until such assessments and interest thereon shall be fully paid.

Bond issue.
When payable.
Interest on bonds.

Sec. 9. Be it further enacted by the authority aforesaid, that the said Mayor and Aldermen, after the expiration of twenty days from the passage of an ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing such date as may be provided therein, and of such denominations as the Mayor and Aldermen shall determine, which said bond or bonds shall in no event become a liability of the Mayor and Aldermen or the City of Jackson other than hereby provided. One tenth in amount of any such series of bonds shall be payable on the first day of January next succeeding the maturity of the first installment of the assessments and interest, and one tenth thereof shall be payable on the first day of January in each succeeding year until all shall have been paid. Such bonds shall bear interest at a rate not exceeding 6 per cent. (6%) per annum from date until maturity, payable annually, and shall be designated as "Street Improvement Bonds," and shall on

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

121

Jackson Street Improvements.

the face thereof recite the street or streets, parts of streets, avenues, lanes, and alleys, sidewalks, or other public places for the improvements of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots, pieces, or parcels of land against which said assessments have been made under authority of this Act. Said bonds shall be signed by the Mayor and attested by the Clerk of the Council, ~~~~~ture and
and shall have the impression of the corporate seal of said City thereon, and shall have interest coupons attached, and all bonds issued by authority of this Act shall be payable at such place either within or without the State of Georgia as shall be designated by said Mayor and Aldermen. Said bonds shall be sold at not less than par, and sale price.
the proceeds thereof applied to the payment of the contract price and other expenses of said improvements by the said Mayor and Aldermen; or such bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor at par value DisposaL in payment of the amount due on said contract; and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as said Mayor and Aldermen shall direct. Said bonds may be registered by the Clerk of the City of Jackson in a book to be provided for that purpose, and certificate of regis- Registry.
tration by said Clerk shall be endorsed upon each of said bonds.

Sec. 10. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under Payment of the provisions of this Act shall be payable by the person assessments.
or persons owning said lots or tracts of land, or his transferees, assigns, or administrators, as the several installments become due, together with the interest thereon, to the Treasurer of the City of Jackson, who shall give proper receipts for such payments. It shall be the duty of the Treasurer to keep an accurate account of all such collec- :;,1r:~i!n~~ tions by him made, and such collections shall be kept in

122 PART Il.-TITLE 11.-MUNICIPAL CORPORATIONS.
Jackson Street Improvements.

Notice by mail.
Executions.
Levy and sale. Title. Affidavit of illegality.

a special fund to be uesd and applied for the payment of such bonds and the interest thereon, and expense incurred thereto, and for no other purpose. It shall be the duty of the Treasurer of the City of Jackson, not less than thirty days and not more than forty days before the maturity of any installment of such assessments, to notify in writing of the maturity of said installment, by mailing same to his or her known address, notifying the person or persons owing same that unless the same be promptly paid on the date when it matures, proceedings will be taken to collect said installment and interest. And it shall be the duty of said Treasurer promptly after the date of the maturity of any such installment of such assessments and irtterest thereon, in the event of any failure or default of any person or persons to promptly pay said installment of such assessments when due with the interest due thereon, to issue an execution against said person defaulting and the tract or lot of land liable for said installment in default, and against which said installment is a lien under this Act, said executions to be issued in the name of the City of Jackson as other executions are issued and signed by the Treasurer of the City of Jackson or other proper officer for the amount of such assessment with interest due thereon, and shall turn over the same to the Chief of Police of the City of Jackson, or his deputy who shall levy the same upon the property liable therefor and previously assessed for such improvements, and, after due advertising as the law provides in the cases of the collections of city taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall pass absolute title to the purchaser, subject to the lien of the remaining unpaid installments with interest, also subject to the right of remdeption as now provided by law in case of tax sales; provided, the owner of property upon which said execution was levied shall have the right to file an affidavit of illegality denying the whole or any part of the amount for which said execution issued, stating the amount admitted to be due, which amount admitted to be due shall be paid before the affidavit shall

PART 11.-TITLE 11.-MuNICIPAL CoRPORATIONS. 123
Jackson Street Improvements.

be accepted by the levying officer, and said affidavit shall

also set out the reason claimed why the amount therein

named is not due, and said affidavit shall be returned

by said levying officer to the proper court having juris-

diction thereof for trial, and there tried as other affidavits

of illegality are tried, subject to all the penalties provided

in such cases. The failure of said Treasurer to give the

notice of the due date of said installments of such assess-

ments and interest due thereon shall in no wise effect the

validity of the assessment and interest and the execution

issued therefor.

And

that

no

suit

shall

be

instituted

to

Limitation action.

of

set aside any assessment or enjoin the Mayor or Aldermen

from making any assessment or the issuance of any

execution, or the collecting of any assessments, or the

issuance of said bonds, or providing for the payment of

same, on any ground or reason, unless same is filed and

instituted within sixty days from the act complained of.

Sec. 11. Be it further enacted by the authority afore-

said, that the

Mayor and Aldermen

of the City

of Additional assessment.

Jackson are hereby empowered to levy any additional

assessment for the drainage, repavement, or improvement,

after the expiration of the time provided herein, for the

maintenance of said improvements by the contractor so

improving same, for any and all streets, lanes, alleys, and

avenues and sidewalks of the City of Jackson.

Sec. 12. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Jack- Ordinances. son shall have the power and authority to pass any and all ordinances, and pass and make any resolutions, from time to time for the purpose of carrying into effect any and all of the provisions of this Act.

Sec. 13. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Jack- Contracts.
son shall have the power to contract with the County Commissioner or Commissioners of the County of Butts,
or with the State Highway Department, with reference

124

PART ll.-TITLE Il.-MUNICIPAL CORPORATIONS.
Jackson Street lmprovem~nts.

State and Federal aid.

to obtaining from the County of Butts any aid, or from the State Highway Department for State or Federal aid in any way, for the paving and improving around the public square whereon the County Court House is loca. ted, and to contract with said parties for any such aid in improving any street which in any way connects with the Public Highway leading in any direction to or through the City of Jackson by obtaining funds from either or both sources for paving said streets and other improvements.

Removal of obstructions.

Sec. 14. Be it further enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Jackson shall have power to cause to be removed from the streets, sidewalks, or near either, any obstructions, telephone poles, trees, or posts, that in the discretion of said Mayor and Aldermen may interfere in any way with said grading, paving, or other improvements.

Charter pro-
visions retained.

Sec. 15. Be it further enacted by the authority aforesaid, that the provisions of this Act shall in no wise annul and void the present law, or any amendments thereto, or any provisions of the present Charter, or any amendments to said Charter of the City of Jackson, in reference to paving within the City, or of the manner of assessments, or for the collection of same, but the same shall be in addition to the present laws contained in its charter and its amendments thereto.

Sec. 16. Be it further enacted by the authority aforesaid, that all laws and parts of laws that conflict with this Act be and the same are hereby repealed.

Approved March 19, 1926.

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS. 125
LOUISVILLE STREET IMPROVEMENTS.
No. 18, SEcoND SEssioN.
An Act to amend an Act approved July lOth, 1025, entitled: "An Act to amend the Charter of the City of Louisville, Georgia, Jefferson County, as approved Dec. 18th, 1900, and the subsequent amendments thereto, so as to authorize and empower said City of Louisville, Georgia, through its governing authorities, to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places, or highways, or any portions thereof, with in the corporate limits of said City, and to assess the costs of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereof; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds known as "Street Improvement Bonds" to be negotiated by the City, or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to authorize the levy and collection of a tax on all the property in said City subject to municipal taxation, to be used in defraying the City of Louisville's share of the expense of said improvements; to authorize said improvements to be made and said paving and macadamizing to be done by said City of Louisville as herein provided, or in connection with any department of this State; to provide for the condemnation of private property for the public use, and the manner of acquiring same by the City and for other purposes," so as to provide for the appointment of a Board of Appraisers to fix the assessments against the abutting property owners for street improvements, for the public hearing of any objections

126 PART U.-TlTLE lL-MuNICIPAL CoRPOR.ATIONS.
Louisville Street Improvements.

to the fixing of said assessments, for the levying of said assessments, and the manner in which said assessments shall be paid, and to provide a limit of time within which any suit may be filed or sustained to set aside any such assessment or prevent the levying or collecting of such assessment or the issuing of bonds therefor.

Aet of 1925 amended.

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 the Act of the General Assembly of the State of Georgia approved July lOth, 1925, entitled: "An Act to amend the charter of the City: of Louisville, Georgia, Jefferson County, as approved Dec. 18th, 1900, and the subsequest amendments thereto, so as to authorize and empower said City of Louisville, Georgia, through its governing authorities, to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places, or highways, or any portions thereof, within the corporate limits of said City, and to assess the costs of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereof; and to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds known as 'Street Improvement Bonds' to be negotiated by the City, or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to authorise the levy and collection of a tax on all the property in said City subject to municipal taxation to be used in defraying the City of Louisville's share of the expense of said improvements; to authorise said improvements to be made and said paving and macadamizing to be done by said City of Louisville as herein provided, or in connection with any department of this State; to provide for the

PART II.-TITLE II.-MuNrcrPAL CoRPORATIONS. 127
Louisville Street Improvements.
condemnation of private property for the public use, and the manner of acquiring same by the City and for other purposes," be and the same is hereby amended in the following manner, to wit: By striking from said Act Sections 2, 3, and 4 thereof, and repealing said Sections 2, 3, and 4, which said Sections read as follows, to wit: Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the side sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, highways, or other public places or any portion thereof within the limits of said City, shall have been authorized under the laws and ordinances thereof to be paved, macadamized, curbed, or otherwise improved, and the contract therefor has been let and the cost of such improvements has been ascertained, which cost shall include all the expenses incurred by the City incident to such improvements, including the cost of intersections, on any street or streets to be paved, the Mayor and Council of said City shall by written resolution apportion the cost and expense of the same pro rata per lineal front foot to the several tracts, lots, or parcels of land abutting upon the area covered by such proposed improvements, and then shall levy assessments against said abutting property and the owners thereof in accordance with such apportionments as is hereafter provided for, which assessments shall be paid in not more than ten equal annual installments, and shall bear interest at the rate of not exceeding eight per cent. per annum until paid, which interest may, in the discretion of said Mayor and Council by proper written resolution, be required to be paid annually or semi-annually at such time or times said Mayor and Council may fix and determine. Sec. 3. Be it enacted by the authority aforesaid, that the Mayor and Council of the City of Louisville is hereby constituted the board of appraisers, whose duty it shall be to ascertain the cost of the improvements provided for in this Act, and fix and apportion the cost and expense of the aforesaid improvements pro rata per lineal front foot to the several tracts,

128 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Louisville Street Improvements.
lots, or parcels of land abutting upon the area covered by such improvements. A majority of said Board shall constitute a quorum, and a majority of such quorum shall be all that is required in the decision of any qu.estion before said board for determination; provided, however, that the Mayor and Council of the City of Louisville may in its discretion appoint from among the residents of the City of Louisville five persons who shall constitute said Board of Appraisers, the person or persons so appointed to be freeholders in said City of Louisville, and shall possess the same qualifications as are required by the charter and ordinances of the said City of Lousville for the office of Mayor, and when so apointed shall do and perform all the duties as provided for in this Act. In the event any member of said Board of Appraisers is disqualified by reason of interest, relationship, or other causes, the Mayor and Council of said City is authorized to appoint in the place of such disqualified member another person as a member of the aforesaid Board. Sec. 4. Be it enacted by the authority aforesaid, that the first installment of such assessments, together with the interest upon the whole, shall be due and payable on the first day of December next succeeding the date of the levy of such assessment, or at such other date or dates as the Mayor and Council may in their discretion fix and determine, and one installment together with the semi-annual or annual interest upon the amount renmining unpaid shall be due and payable on the first day of December of each succeeding year, or at such other date or dates as the aforesaid authorities may fix and determine, until all of the assessments, including the interest thereon, shall have been paid, but the date or dates upon which said assessments and the interest thereon shall be required to be paid, and whether annually or semi-annually, shall be by written resolution fixed and determined at the time the assessments and the apportionments thereof are made; provided, however, any one or more of the owners of the property assessed shall have the privilege of paying

PART H.-TITLE H.-MUNICIPAL CoRPORATIONS. 129
Louisville Street Improvements.
the amount asseued against his property within thirty days from the date of the passage of the resolution levying such assessment, without interest, thereby relieving such property from the lien of such assessment."
Sec. 2. Be it further enacted by the authority aforesaid, that said Act approved July lOth, 1925, is amended by substituting in lieu of said Sections of said Act numbered 2, 3, and 4, the following two Sections, to be known as Sections 2 and 3 of said Act, which said amended Sections are as follows, to wit: See. 2. Be it enacted Mew seetitms. by the authority aforesaid, that whenever any of the sidewalks, footways, drains, gutters, streets, roads, lanes, alleys, public squares, highways, or other public places or. any portion thereof, within the limits of said City, shall have been authorized under the laws and ordinances thereof to be paved, ma.eadamized, curbed, or otherwise improved, and the contract therefor has been let, and the cost of such improvements has been ascertained, which cost shall include all of the expenses incurred by the City incident to such improvements, including the costs of intersections on any street or streets to be paved, the Mayor and Council of said City Board of shall by written resolution appoint a board of appraisers, a:J~Pr~~iai!Z'II. consisting of five persons who shall be freeholders of said City of Lousville, and shall possess the same qualifications as are required by the Charter and ordinances of said City of Lousville for the office of Mayor; and when said Board is appointed, they shall do and perform all the duties provided for in this Act. In the event
any member of said Board mAppraisers is disqualified
by reason of interest, relationship, or other cause, the Mayor and Council of said City is authorized to appoint in the place of said disqualified member another person as a member of the aforesaid Board. The said Board of Appraisers, within ten days from the date of the reso-
=ma::r- 1ution appom. ting Sal"d Board1 l-:1U..la11 :file a wn'tten report aRsespeosrstmoefnt
of the appraisal and assessment and apportionment of such expense and cost to the several lots and tracts of

130 PART H.-TITLE H.-MUNICIPAL CORPORATIONS.
Louisville Street Improvements.

land abutting on said street, alley, lane, avenue, or

other public place so improved, with the Clerk of Council

of said City, in the manner and on the basis herein pro-

vided. When such report shall have been returned

and filed, the Mayor and Council shall appoint a time

for the holding of a session of Council, or shall designate

a regular meeting of Council for the hearing of any com-

Objections. plaints or objections that may be made concerning

said appraisement, apportionment, and assessment as

to any such tracts or lots of land abutting on said im-

Notice.

provement; and notice of the said session for the said

hearing shall be published by the said Clerk of Council

once a week for two consecutive weeks, in a newspaper

of general circulation in the City of Lousville, and said

notice shall provide for an inspection of such report

by any property owner or other party interested in such

report. The time fixed for said hearing shall not be less

than seven days nor more than fifteen days from the last

Revi~w of publication. The said Mayor and Council at said sesappraisement. sion shall have the power to review and correct said

appraisement, apportionment, and assessment, and to

hear objections to the same and to confirm the same,

either as made by the said Board or as corrected by said

Mayor and Council.

Assessment levy. Payments. Installments.

Sec. 3. Be it enacted by the authority aforesaid, that the said Mayor and Council shall by written resolution levy an assessment against the lots or parcels of land abutting on said improvement, in accordance with said appraisement, apportionment, and assessment, as confirmed by the said Mayor and Council, and such assessments shall be due and payable fifteen days after the date of the ordinance levying said assessments, without interest; but each and every owner of property against which such an assessment has been levied shall have the privilege of electing to pay the same in ten equal annual installments, one of sa~d installments being payable on the first day of December next succeeding the date of the levy of such assessment, or

PART II.-TITLE !I.-MUNICIPAL CORPORATIONS. 131
Louisville Street Improvements.

at such other date or dates as the Mayor and Council may in their discretion fix, and one annual installment, together with annual or semi-annual interest as fixed by said Mayor and Council upon the amount remaining unpaid, shall become due and payable on the first day of December each succeeding year, by giving to the City of Lousville his promiss9ry notes in a form approved Notes. by said Mayor and Council for such deferred payments, with proper interest coupons attached thereto, for interest from the date of the ordinance levying said assessments, and payable annually or semi-annually and on such dates as are fixed in said ordinance, which said notes shall not be in satisfaction and extinguishment of said assessments and the lien thereof, but shall be secured by said assessments and the lien thereof on the property against which they have been levied, and said assessments and liens shall be enforced for the payment thereof. Any property owner, by electing to pay said assessment in ten equal annual installments by giving promissory notes for said installments, shall be con- Estoppel. clusively and forever held to have agreed, admitted, and declared that the said assessment is in every respect a valid lien against his property in accordance with the terms of the ordinance levying said assessments, and shall be forever stopped from contesting the same on any ground whatsoever.

Be it further enacted by the authority aforesaid, that said Act approved July lOth, 1925, is hereby amended New Sec. 16.

by adding thereto a Section to be known as Section 16,

and reading as follows, to wit: Sec. 16. Be it further

enacted by the authority aforesaid, that no suit shall be

sustained to set aside any such assessment or to enjoin

the said Mayor and Council from making any such

assessment or levying or collecting any

such

assessment,

Limitation of action.

or from issuing bonds as hereinafter provided, or pro-

viding for their payment as herein authorized, or to

contest the validity thereof on any ground or for any

reason, unless such suit shall be commenced within

132 PART Il.-TITLE Il.-MUNICIPAL CORPORATIONS.
Marietta Business-License Tax.

New assessment.

sixty days after the passage of the ordinance making such assessment final; provided, that in the event any special assessment shall be found to be invalid or insufficient, either in whole or in part, for any reason whatsoever, the said Mayor and Council may at any time, in the manner provided for the levying of the original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.

Sec. 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved April 2, 1926.

MARIETTA BUSINESS-LICENSE TAX.
No. 7, FIRsT SESSION.
An Act to amend the Act approved August 18, 1925,. Acts of 1925, pages 1176-1178, entitled: "An Act to amend an Act creating a new charter for the City of Marietta, in the County of Cobb, and to consoli-date and declare the rights and powers of said corporation, and for other purposes, passed by the General Assembly of 1904, and approved August 15th, 1904, by providing a permanent registration of the voters of said city in municipal elections; to provide a maximum business license of $100.00 and a minimum business license of $25.00, and providing further that the sum of $5,000.00 of the first money received from the sale of licenses be paid over to the school funds of the city for use of the Board of Education, provided there is a city board of Education, for educational purposes and providing further that any money derived from this source, in addition thereto, to go into the general fund of the city, and for other purposes," so as

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.

133

Marietta Business-License Tax.

to provide that $75.00 shall be the maximim and $5.00 shall be the minimum, amount of annual business tax from any individual, firm, or corporation engaged in business in said city, that said Mayor and Council shall be authorized to levy and collect; and by repealing that portion of said Act which provides that: "Five thousand ($5,000.00) dollars of the first money received from the sale of licenses shall be paid into the school funds of the city for use of the Board of Education of said city, provided there is a Board of Education in said city, for educational purposes in said city, and any money derived from this source in addition thereto to go into the general fund of the city,"' and for other purposes.
Section 1. Be it ~nacted by the General Assembly of the State of Georgia, and it is hereby enacted by authori- :~~nfeJ.926 ty of the same, That from and after the passage of this Act the Act of the General Assembly approved August 18, 1925, amending the Act of the General Assembly of 1904, creating a new charter for the City of Marietta, be and the same is hereby amended by striking from Sec. 2 of said Amendatory Act the second paragraph of said section and all of said Sec. 2 that occurs after the word "following," in the ninth line of said Sec. 2, and the third and last word thereof, and inserting in lieu thereof the following: "Seventy-five ($75.00) dollars to be the maximum amount to be levied and five ($5.00) dollars to be the minimum amount to be levied against any business under this clause," so that said section, when amended, with the line 35 and part of line 36 stricken as above, shall read as follows: "Seventyfive ($75.00) dollars to be the maximum amount to be levied and five ($5.00) dollars the minimum amount to be levied against any business under this clause,'' so that said Sec. 2 of said Amendatory Act, when so amended, shall be as follows:

Sec. 2. Be it further enacted by the authority afore- To be read. said, that from and after the passage of this Act the Act

134 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Marietta Public Schools; Local Tax.

of the General Assembly of Georgia approved August

15th, 1904, creating a new charter for the City of Mari-

etta, be and the same is hereby amended by striking

from Sec. 26, lines 35 and 36, as printed in the Acts of

1904, beginning with the words 'twenty-five dollars'

Maximum and minimum

and ending with the word 'clause,' and ihserting in lieu

bueiness-lioenee taxes.

thereof the following: Seventy-five ($75.00) dollars to

be the maximum amount to. be levied and five ($5.00)

do1lars to be the minimum amount to be levied against

any business under this clause, so that said section when

amended, with the line 35 and part of line 36 stricken

as above, shall read as follows: 'Seventy-five ($75.00)

dollars to be the maximum amount to be levied and

five ($5.00) dollars to be the mimimum amount to be

levied against any business under this clause,"'

Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Approved March 18, 1926.

MARIETTA PUBLIC SCHOOLS; LOCAL TAX.
No. 6, FIRST SEssiON.
An Act to amend the Act approved August 7, 1920, Acts of 1920, pages 1233-1235, entitled: "An Act to amend an Act to create a system of public schools for the City of Marietta, in the County of Cobb; to levy a tax and provide a support for the same; to create a Board of Education, and define their powers and duties; to authorize a bonded indebtedness for said city, and other purposes, approved December 29, 1890, as amended by an Act approved September 26, 1891, so as to increase the tax levy provided for in Sec. 2 of said amended Act from five twentieths of

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

135

Marietta Public Schools; Local Tax.

one per cent. to one half of one per cent. on all taxable property of said city, and for other purposes," so as .to increase the tax levy provided for in Sec. one of said amending Act from one half of one per cent. to sixty two cents per hundred dollars on all taxable property of said city, and for other purposes.

Section 1. Be it enacted by the General Assembly

of Georgia, and it is hereby enacted by authority of the

same,

that

the

Act

approved

August

7,

1920,

amendm g

Act of 1926 amended.

the Act approved December 29, 1890, to create a system

of public schools for the City of Marietta, as amended

by the Act approved September 26, 1891, be and the

same is hereby amended by striking the words ''one

half of one per cent." in the 17th line of Section 1 of

said Amendatory Act of 1920 and inserting in lieu there-

of the words "sixty-two cents per hundred dollars," so

that said Section 1 of said Amendatory Act of 1920,

when amended, shall read as follows: "Section 1. Be it To be r&ad.

enacted by the General Assembly of Georgia, and it is

hereby enacted by authority of the same, that an Act

establishing a system of public schools in and for the

City of Marietta approved December 29, 1890, as

amended by an Act approved September 26, 1891, be

and the same is hereby amended so as to change Sec. 2

of said amended Act as follows: By striking the words

'five twentieths' immediately after the word 'exceed,'

and immediately preceeding the words 'of one per cent.,'

and inserting therein the words 'sixty-two cents per

hundred dollars, so that when said section is amended

it will read as follows: "That if said election shall be

for public schools and bonds, as provided in Sections

1 and 2 of the original Act the Mayor and Council of

the City of Marietta, Georgia, shall levy and collect a !~~~~t~t"axor

tax annually in addition to that now allowed by law, levy.

not to exceed sixty-two cents per hundred dollars on

all taxable property in said city for the purpose of sup-

porting and maintaining said public schools, and said

funds shall not be used for any other purpose. The

136

PART !I.-TITLE II.-MUNICIPAL CORPORATIONS.

Marietta Public Schools: Local Tax.

clerk of the Council shall pay over said funds to the treasurer of the board, less such commissions as said clerk may be entitled to out of said fund.

Referendum to voters.
Ballots.
Notice of election.
Additional elections.

Sec. 2. Be it further enacted by the authority aforesaid, that the provisions of this Act, so far as the same relates to an increase in taxation for the support of public schools of Marietta, shall not take effect until same is ratified by an election to be held in the City of Marietta, which election must be called by the Mayor and Council of said City within thirty days after they receive notice from the Board of 'Education of said City to order said election, and all persons who are qualified and entitled to vote for Mayor and Council in said election herein provided. All voters who favor such local taxation for public schools shall have written or printed on their ballots "For local tax for public schools," and those who oppose shall have written or printed on their ballots "Against local tax for public schools," and in case a majority of the votes cast in said election shall be "For local tax for public schools," then it shall, be the duty of the Mayor and Council of Marietta to annually raise by taxation, in the manner now provided by law, a sum sufficient to carry out the purposes of this Act, provided same shall not exceed sixty-two cents per hundred dollars, on the taxable property of said City. The Mayor and Council shall give public notice of the election once a week for two weeks in any newspaper having a general circulation published in said City. The returns of said election shall be made to and the result of same declared by said Mayor and Council of Marietta. Should the requisite majority fail to vote for said increased taxation, then any number of elections may be thereafter held under the provisions of this Act, after due notice as herein provided, until said increased taxation receives a majority of the votes cast in said election; provided, no other election may be held sooner than six months after the holding of an election.

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.
McRae Street Improvements.

137

Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith be and they are hereby repealed.
Approved 1\'Iarch 15, 1926.

McRAE STREET IMPROVEMENTS.
No. 5, SEcOND SESSION.
An Act to amend an Act approved August 1st, 1918, entitled "An Act to amend by substitution an Act creating a new Charter for the City of McRae and to consolidate the Acts relating to the acts and powers of said Corporation, to enact amendments thereto, and for other purposes," as amended by an Act approved July 21st, 1925, so as to provide for all of the cost of street improvements in said City of McRae to be apportioned and assessed against the abutting property and the owners thereof on each side of the street or the public thoroughfare to be paved, macadamized, or otherwise improved according to the frontage of said property thereon, and for other purposes.
Section 1. Be it enacted by the General Assembly Act of 1925 of the State of Georgia, and it is hereby enacted by amended. authority of the same, that. the Act approved July 21, 1925, entitled "An Act to amend an Act approved August 1st, 1918, entitled an Act to amend by substitution an Act creating a new Charter for the City of McRae and to consolidate the Acts relating to the acts and powers of said Corporation, to enact amendments thereto, and for other purposes, so as to empower the City of McRae to pave, macadamize, curb, and otherwise improve any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares, or other public places, highways, or any portion thereof

138 PART H.-TITLE 11.-MUNlClPAL CORPORATIONS.
Mi!Jedseville Street lml!rovements.

New Sec. 7.
Whole cost
assessed~

within the corporate limits of the City of McRae, and to assess the costs of making such improvements in whole or in part against the abutting property and its owners benefited thereby; to provide for the apportionment and collection by 1~ process of such assessments, and to create a lien on such property therefor;
to provide for the iBwin& of bonds to be known as 'Street
Improvement Bonds' to be negotiated by the City of McRae or otherwi.Be used in making provision for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to impose punishment as for a misdemeanor on any one using such funds for any other purpose; and for other purposes," be and the same is hereby amended by striking out and repealing all of Section Seven (7) thereof and substituting for said Section Seven (7) the following: Be it further enacted by the authority aforesaid that the entire expense of making all such street improvements as are authorized by this Act, together with
the whole cost of all materials used in making such improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements,. and shall be paid by the owners of such property according to its frontage.

Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved March 3!, 1926.

MILLEDGEVILLE STREET IMPROVEMENTS.
No. 37, SEcoND SEsSioN.
An Act to amend an Act providing for the improvement and paving of the streets, sidewalks, squares, and alleys of the City of Milledgeville, approved August 21st, 1925, and to provide for the assessment of the

PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.
Milledgeville Street Improvements.

139

cost of improving and paving the intersections of streets, lanes, and alleys in the said City against owners of land and against the land abutting on the '" streets, lanes, and alleys improved or paved, and for other purposes.

Section 1. Be it enacted by the General Assembly Act or 192> of Georgia, and it is hereby enacted by authority of the ~r~!n~~~: s1.

same, that the Act approved on August 21st, 1925,

providing for the improvement of streets, sidewalks,

squares, and alleys of the City of Milledgeville, be and

the same is hereby amended: 1st. By adding after Sec-

tion 30 in said Act the following section: Section 31.

Be it further enacted, that the Mayor and Aldermen of

the city of Milledgeville be and they are hereby autho-

rized, if in their discretion they determine it to be to

the

best

m. terest

of

the

C1. ty,

to

assess

the

cost

of

the

Assessment or whole cost.

paving or improvement of the intersections of streets,

lanes, and alleys in the said City against the abutting

lands of the unit improved or paved, and may include

the cost of improving or paving of any or all street and

alley intersections in any improvement unit in the total

cost of said improvement project, and assess same against

the abutting owners and abutting land on each side of

said street or alley or section to be improved or paved

in the same manner provided in this Act, and the cost

of the improving and paving said intersections may be

included in the bonds issued under this Act, and the

assessments for the improving and paving said inter-

sections shall constitute a lien against the lots and tracts

of land so assessed, as provided in Section 13 of this

Act.

Sec. 2. Be it further enacted that Section 31 of the Act approved August 21st, 1925, be numbered 32.
Sec. 3. Be it further enacted that all laws and parts of laws conflicted in this Act be and the same is hereby repealed.
Approved April 17, 1926.

140 PART !I.-TITLE !I.-MUNICIPAL CORPOJlATIONS.

!'owen eonterred.

MILLEN STREET IMPROVEMENTS.

No. 15, SEcoND SEssioN.



An Act to amend the Charter of the City of Millen, in Jenkins County, approved A:ugust 20, 1906, Acts of 1906, pages 868 to 894, inclusive, and Acts amendatory thereof, so as to empower the Mayor and Council to

require any street, lane, alley, or sidewalk in the City of Millen to be paved with such material and in such

manner and at such time as they may determine by

ordinance or resolution, and to provide for the payment of one third of the expense of such paving by the City

of Millen and the other two thirds by the abutting property owners, in just proportion to the frontage of said

property, and the notice to be given abutting or fronti ng property owners, and the manner of collecting the

a mount assessed against them; to empower the Mayor and Council in their discretion, upon being petitioned

by three fourths of the abutting property owners on any particular street or portion of a street in said City,

to grade, pave, macadamize, or otherwise improve the

streets or sidewalks abutting their respective properties,

to have such improvements made without further notice, and in their discretion assess the abutting property owners either the entire costs of such paving or other

improvements or two thirds of the same; to authorize

the City of Millen to issue bonds for the purpose of paving the streets and sidewalks of said City, or to pay its proportionate share of the costs of paving any

street or streets or sidewalks of said City, when author-

ized by a vote of two thirds of the qualified voters of said City at any election to be held for that purpose,

and for other purposes.

Eec. 1. Be it, and it is, hereby enacted by the general Assembly of the State of Georgia, that the Mayor and C()uncil of the City cf Millen, a municipal corporaticn in co1porated by an Act of the General Assembly of

PART II.-TITCE 11.-MUNICIPAL CORPORATIONS.

141

Millen Strut IDIJII'Ovements.

Georgia, August 20, 1906, shall have full and complete power and authority by a majority vote at a regular or called meeting to require any street~ alley, lane, sidewalk, or street crossing to be paved, in such manner and with such material and at such time as they may determine by resolution or ordinance. One third of the expense of
paving streets shall be borne by the City, and the other Paving ex two thirds by the abutting property owners in just pro- pense assessportion to the frontage of said property. The entire ed.
expense of paving sidewalks, lanes, and alleys shall be borne by the abutting property owners in just proportion to the frontage of said property theteon. Whenever the Mayor and Council shall determine to pave any street, sidewalk, lane, or alley in said City, they shall require the City Clerk to notify in writing all persons owning lifotiee. property abutting or fronting thereon, of such intention,
together with a statement of the amount assessed against said property therefor; and the City shall at once proceed to do said paving or cause it to be done, and when the same is completed it shall be the duty of said property Time ror owners to pay into the Treasury of the City, within payment.
twenty days after said work is completed, the amount so assessed against their property. And in case any property owner shall fail or refuse to do so, the City Clerk is authorized and empowered to issue instanter an execution against Execution said owner and against said property, which shall be a Lien. lien on said property superior to all other liens, except Levy and liens for taxes, and said execution shall be levied on said aale.
property by thy Chief of Police or Marshall of the City, and the same advertised and sold at publiq auction in conformity to the law of this State governing the sales of property under judgment and execution by thy sheriffs. Said Chief of Police or Marshal shall make to the purchaser a good and valid deed thereto, conveying title as Title. fully and complete as sheriffs of this State are authorized to do at public sales under judgment and execution. The City of Millen shall have full right to bid on and purchase !!aid property at said sale should the Mayor and Council choose tc offe1 the highest bid therefor; where-

142 PART ll.-TITLE ll.-MUNICIPAL CORPORATIONS.
Millen Street Improvements.

Possession.

upon said deed shall be made to said City. Said Chief of Police or Marshall is authorized and empowered to proceed at once to dispossess said owner and put the pur-
chaser at said sale in possession.

Sec. 2. Be it further enacted by the authority afore-

said, that the Mayor and Council of the City of Millen

may in their discretion, upon being petitioned by three

fourths of the abutting property owners on any particular

Paving

street or portion of a street in said City, for said Mayor

without tice.

no

and Council to either grade, pave, macadamize or other-

wise improve the sidewalks abutting their respective prop-

erties, or upon a like petition for said Mayor and Council

to grade, pave, macadamize, or otherwise improve the

street or road-bed proper, have said work done without

further notice, and may in their discretion assess the abut-

ting property owners either the entire costs of such im-

Assessment of entire cost.

provements

or

two

thirds

costs

of

the

same,

which

said

work, when done under this Section, shall in other respects

be governed by the powers, authority, and law given in

Section One of this Act.

Bond Issue. Election.

Sec. 3. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Millen may issue bonds for the purpose of paving the street and sidewalks of said City, or for the purpose of paying its proportionat.e share of the costs of paving any streets or streets or sidewalks, when authorized by a vote of two thirds of the qualified voters of said City at an election to be held for that purpose. Such election shall be called and held, and such bonds shall be issued in conformity with the general law governing the holding of election for and issuing of bonds by municipalities in this State.

Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

Approved April 2, 1926.

Pl\RT II.-TITLE II.-MUNICIPAL CoRPORATIONS. 143
Millen Btreet Improvemmts.
MILLEN STREET IMPROVEMENTS.
No. 23, S:mcown S:mMiow.
An Act to amend the charter of the City of Millen, in Jenkins County, approved August 20th, 1906, Acts of 1906, pages 868 to 894, inclusive, and Acts amendatory thereof, so as to empower the Mayor and Council to require any street, lane, alley, or sidewalk in the City of Millen to be paved with such material and in such manner and at such time as they may determine by ordinance or resolution, and to provide for the payment of one third of the expense of such paving by the City of Millen and the other two thirds by the abutting property owners, in just proportion to the frontage of said property, and the notice to be given abutting or fronting property owners, and the manner of collecting the amount assessed against them; to empower the Mayor and Council, in their discretion, upon being petitioned by three fourths of the abutting property owners on any particular street or portion of a street in said City, to grade, pave, macadamize, or otherwise improve the streets or sidewalks abutting their respective properties, to have such improvements made without further notice, and in their discretion assess the abutting property owners either the entire cost of such paving or other imprmrements or two thirds of the same; to authorize the City of Millen to issue bonds for the purpose of paving the streets and sidewalk! of said City, or to pay its proportionate share nf the costs of paving any street or streets or sidey.alkl of said City, when authorized by a vote of two thirds of the qualified voters of said City at any election to be held for that purpose, and for other purposes.
Section 1. Be it, and it is, hereby enacted by the General Assembly of the State of Georgia, that the Mayor ~~~=ed. and Council of the City of Millen, a municipal corpora-

144 PART !I.-TITLE ll.-MUNICIPAL CoRPORATIONS.
Millen Street Improvements.

tion incorporated by an Act of the General Assembly

of Georgia, August 20th, 1906, shall have full and com-

plete power and authority by a majority vote at a regular

or called meeting to require any street, alley, lane, side-

walk, or street crossing to be paved, in such manner,

and with such material, and at such time as they may

determine by resolution or ordinance. One third of

the expense of paving streets shall be borne by the City,

and the other two thirds by the abutting property own-

Expense of paving.

ers in just proportion to the frontage of said property.

The entire expense of paving sidewalks, lanes, and alleys

shall be borne by the abutting property owners in just

proportion to the frontage of said property thereon.

"''henever the Mayor and Council shall determine to

pave any street, sidewalk, lane, or alley in said City,

Notice of assessments.

they

shall

require

the

city

clerk

to

notify in writing

all

persons owning property abutting or fronting thereon,

of such intention, together with a statement of the amount

assessed against said property therefor; and the City

shall .at once proceed to do said paving or cause it to

be done; and when the same is completed, it shall be

Time for payment.

the duty of said property owners to pay into the treasury of the city, within twenty days after said work is com-

pleted, the amount so assessed against their property.

And in case any property owner shall fail or refuse to

do so, the city clerk is authorized and empowered to

Execution.
Lien.
Levy and sale.

issue instanter an execution against said owner and against said property, which shall be a lien of said property superior to all other liens, except liens for taxes, and said execution shall be levied on said property by

the chief of police or marshal of the city, and the same

advertised and sold at public auction in conformity to

the law of this State governing the sales of property

under judgment and execution by the sheriffs. Said

chief of police or marshal shall make to the purchaser a

Title.

good and valid deed thereto, conveying title as fully

and complete as sheriffs of this State are authorized to

do at public sales under judgment and execution. The

City of Millen shall have full right to bid on and pur-

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

145

Millen Street Improvements.

chase said property at said sale should the Mayor and Council choose to offer highest bid therefor; whereupon said deed shall be made to said City. Said chief of police or marshal is authorized and empowered Possession. to proceed at once to dispossess said owner and put the purchaser at said sale in possession.
Sec. 2. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Millen may in their discretion, upon being petitioned by three fourths of the abutting property owners on any particular street or portion of a street in said city, for said Mayor and Council to either grade, pave, macadamize, or otherwise improve the sidewalks abutting their respective properties, or upon a like petition for said Mayor and Council to grade, pave, macadamize, or otherwise Paving _withI.mprove the st reet or road-bed proper, have sa1"d work out notJce. done without further notice, and may in their discretion Assessment assess the abutting property owners either the entire ~!.~ntire costs of such improvements or two thirds costs of the same, which said work, when done under this Section, shall in other respects be governed by the powers, authority, and law given in Section 1 of this Act.
Sec. 3. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Millen Bond issue. may issue bonds for the purpose of paving the streets and sidewalks of said city, or for the purpose of paying its proportionate share of the costs of paving any street or streets or sidewalks, when authorized by a vote of two thirds of the qualified voters of said City at an election to be held for that purpose. Such election shall be called and held and such bonds shall be issued Election. in conformity with the general laws governing the holding of elections for and the issuing of bonds by municipalaties in this State.
Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 9, 1926.

146

PART 11.-TITLE !I.-MUNICIPAL CORPORATIONS.

Moultrie Street Improvements.

MOULTRIE STREET IMPROVEMENTS.
No. 19, SEcoND SEsSION.
An Act to amend an Act of the General Assembly of Georgia, approved November 20th, 1901, entitled "An Act to create a new charter for the City of Moultrie, in the County of Colquitt, and for other purposes," and to amend particularly an Act approved August 18th, 1913 (Georgia Laws, 1913, pp 1062-1065), amending said original charter of said City, and to amend the se\'eral Acts amendatory to either of the abovedescribed Acts, so as to authorize and empower said City of Moultrie to establish and to change the grade of, and to pave, macadamize, curb, and otherwise improve, any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, avenues, intersections, lanes, alleys, public squares or other public places or highways or any portion thereof, within the corporate limits of said City; to assess the cost of making such improvements in whole or in part against the abutting property and its owners benefited thereby; to provide for the procedure of making and collecting such assessments for the same, and for the hearing of complaints and objections by the Mayor and City Council (or aldermen) to such assessments; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such property therefor; to provide for the issuing of bonds to be known as "Street Improvement Bonds," to be negotiated by the city or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to impose punishment as for a misdemeanor on any one using such funds for any other purpose; to provide for the renewal of any such paving, or other paving previously laid; to authorize said improvements to be made and any of of such work to be done by said city as herein pro-

. PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

147

vided, or in connection with any department or subdivision of this State, and for other purposes.
Section 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted :;:'J 1 ~r 2 1901 by the authority of the same, that the Act approved amended. November 20, 1901, entitled "An Act to create a new charter for the City of Moultrie in the County of Colquitt, and for other purposes," and an Act approved August 18, 1913, amending the above-described Act, and all other Acts amendatory to either of said described Acts, be and same are hereby amended by adding the following sections:
Sec. 2. Be it further enacted, that said city, by its Mayor and Council, or Board of Aldermen, is hereby fe~'::J~ conauthorized and empowered, in addition to such powers
and rights heretofore granted to it, to establish and ~!~~~~~~t".
change the grade of, and to pave, macadamize, curb, and otherwise improve, any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, avenues, intersections, lanes, alleys, public Equares, or other public places or highways or any portion thereof, within the corporate limits of Eaid city, under existing law or the provisions and limitations of this Act, whenever in its judgment the public convenience and welfare may require such improvements.
Sec. 3. Be it further enacted, that whenever said city, by its Mayor and Council, shall deem it necessary Publication or advisable to make any of said improvements, said of ordinance. city shall by resolution or ordinance declare and describe such work or improvement necessary to be done, and such resolution or ordinance shall be published once a week for two consecutive weeks in the official organ of Colquitt County, that is the newspaper in which legal advertisements are published; and if the owners of more than one half of the linear front feet of the land abutting on such improvements and liable to assessment to pay for such improvement shall not, within fifteen days after

148 PART II.-TITLE ll.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

the last publication of such resolution or ordinance, file

Protest, time for.

with the clerk of said city their protest in writing against such improvements, then said city, by its Mayor and

Council, shall have power to cause such improvements

to. be made and to contract therefor and to levy assess-

ments as herein provided for. Any number of streets,

avenues, alleys, lanes, sidewalks, or other public places or

parts thereof to be so improved, as herein authorized,

Separately made.

may be included in one resolution or ordinance, but any

protest or objection shall be made as to each street,

highway, or other public place separately, except when

treated as one project, as herein provided. It is further

provided, however, that if the owners of more than one

half of the front feet of land liable to assessment for any

such improvement shall petition said city for such im-

Petition authorizine- im-

provement of any street or highway or any public place

provement. herein enumerated or authorized to be improved, or

any part thereof, described in such petition, giving the

character of improvements desired, the width of the same,

and the material preferred by petitioners for such im-

provements, said City of Moultrie, by its Mayor and

Council, may thereupon, in their discretion, cause the

said improvements to be made in accordance with the

prayer of said petition; and in such cases the resolution

or ordinance herein mentioned shall not be required.

Paving inclusive.

The term "paving" herein shall include grading and excavating, engineering, and all other things usual and

incident to the proper paving and improvement of any

of said described or designated streets, highways, or

other public places; and to this end said city shall have

authority to prescribe the material to be used and the

manner in which the same shall be done, whether by

contract or otherwise.

Sec. 4. Be it further enacted, that whenever any of

Ascertain- such improvements within the corporate limits of said

ment of cost, including all

city

shall

have

been

authorized

under

the

laws

and

expenses. ordinances of said city, and the cost of such improvement

has been ascertained, which cost shall include all ex-

PART H.-TITLE H.-MUNICIPAL CoRPOllATIONS. 149
Moultrie Street Improvements.

penses incurred by said city incident to such improve-

ments (including the entire cost of putting in and con-

structing all water, gas, or sewer-pipes and conduits

or tubes for electric wires for lights or telephone con-

nection in and underneath the streets, avenues, lanes,

alleys, and all other public places where such improve-

ments are to be made), the mayor and council shall by

mitten resolution apportion the cost and expense of ~e:~r:;~.

the same pro rata per front foot to the several tracts, aessments.

lots, or parcels of land abutting upon the area covered

by such proposed improvements, which cost and ex-

pense may be so apportioned either before or after such

improvements are made and the work completed, and

shall then levy assessments against said abutting property

and the owners thereof in accordance with such appor-

ticmment and as hereinafter provided, and it shall be

the duty of each property owner to pay his pro rata

portion of the entire cost, or of so much thereof as is

assessed against the property owners, on his particular

street or continuous street covered in one project, ac-

cording to the linear frontage of the property owned by

such property owner on the portion of the street or

streets improved; provided thaJ the said city, by its mayor

and council, may in their discretion in the foregoing reso-

sluetcitom ngosrtreoerdtsi,naanvceenuperso,vaildleeysth,

at or

the frontage of interlanes shall be assessed

:tnterseewons to streets.

u real estate abutting upon the street, alley, lane, or

avenue paved or otherwise improved, in which case said

city shall be for all intents and purposes of this Act an

owner or legal representative of real estate abutting on

any street, lane, alley, avenue, or project, and shall

possess the same rights a:nd privileges of all other owners

of real estate abutting on any such improvements, and

shall pay from the city treasury a just pro rata of the

entire cost of said work or improvement for the said

frontage, such payment to be made out of the general

fund of said city accruing from taxes collected during

the current year; but provided also, that the mayor and

council of said city may in their discretion assess any

150

PART 11.-TITLE Il.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

part or all of the cost for so improving street intersec-

Any or all of cost on prop-

tions

and

of

any

and

all

necessary

curbing

against

the

erty abutting. owners and their property abutting on the street or

streets in which the intersection may occur of the curbing

may be necessary, whether the street intersections or

the curbing abuts upon the property of private indivi-

duals or not, said cost to be proportioned among the

owners and their property which abuts upon the street

or streets in which the intersection may occur or the

curbing may be necessary in just such proportion as

the mayor and council of said city may deem equitable

and just.

Resolution, provisions and state menta in.

Sec. 5. Be it further enacted, that when any such improvements are proposed to be authorized and executed by said city under the provisions of Section 3 of thi~ Act, after the expiration of the time for objections or protests on the part of the property owners, if no sufficient protest be filed, or on receipt of the petition for such improvement signed by the owners of more than one half of the linear front feet of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the said city, by its mayor and council, shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be; and whether such improvements are to be authorized and done under the provisions of this Act or under the existing law as provided in said Act approved August 18, 1913, in either event, a resolution may be adopted by said mayor and council expressing the determination of said city to proceed with the improvements, stating the material to be used and the manner of construction and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in performance of his duties in preparing for such improvements the necessary plans, plats, profiles, specifications and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Moultrie

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS. 151
Moultrie Street Improvements.
shall deem proper to impose with reference to letting the contract and the provisions therefor; and the said ~~~~~actor's city shall by said resolutions provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution, for the maintenance of good condition of such improvement for a period of not less than five years from the time of its ~ompletion, or both, in the discretion of said city. Said resolution shall also direct the agent or engineer of said city to advertise for sealed proposals for furnishing the !:~:r}~"re-pro materials and performing the work necessary in making posais. such improvements. The notice for such proposals shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the place where such sealed proposals shall be filed and when and where the same will be considered by said City of Moultrie. Said notice shall be published Publication of once a week for two consecutive weeks in the official notice. organ of said county, that is the newspaper carrying its legal advertisements. At the time and place specified in such notice the City of Moultrie, by its mayor and council, shall examine all bids received, and without unnecessary delay award the contracts to the lowest Award of and best bidder who will perform the work and furnish contract. the materials which may be selected and perform all the conditions imposed by the said City of Moultrie as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the agent or engineer of said city with the plans and specifications, and the said city shall have the right to reject any and all bids and readvertise for

152 PART H.-TITLE H.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

other bids when any such are not in its judgment satisfactory.

Board of appraisers.

Sec. 6. Be it further enacted, th.at the mayor and council of said city are hereby authorized to name and appoint a board of appraisers, consisting of at least three

members, which shall comprise its agent or engineer

assigned to the supervision of such improvements, the

clerk of said city, and one member of the city council.

Said board may be appointed as soon as the contract

for said improvement is let and the cost of the same is

ascertained; and it shall be the duty of said board, after

ascertaining the cost of the improvements authorized

by said city and covered by such contracts, to appraise

the cost and expense of the same pro rata per lineal front

foot to the several tracts, lots, or parcels of land abutting

upon the area covered by such improvements. As soon

as practicable after the apointment of said board of

Report of as sessment.

appraisers,

said

board

shall

file

a

written

report

of

the

appraisal, assessment, and apportionment of such ex-

pense and cost to the several lots and tracts of land

abutting on such improvements, or places in which the

same occur, with the clerk of said city, which report

shall be a public document accessible to and open to the

inspection of any property owner or other person inter-

ested in such return. When said report shall have been

returned and filed, the said mayor and council shall

appoint a time for the holding of a session of the mayor

and council for the hearing before them of any com-

Objections. plaints or objections that may be made concerning said

appraisement, apportionment, and assessment, as to

any such lot or tract of land abutting on said improve-

Notice.

ments, and shall cause notice of such session for said hearing to be published in said official organ of said

county at least once a week for two consecutive weeks

prior to the date of such session; and said session may

thereafter adjourn from time to time without further

Review.

published notice. The mayor and council at such session shall have the power and authority to review and cor-

PART H.-TITLE H.-MUNICIPAL CORPORATIONS. 153
Moultrie Street Improvements.
rect said appraisement, apportionment, and assessment, and to hear objections to the same, and to confirm the same either as made by said board or as corrected by said mayor and council.
Sec. 7. Be it further enacted that whenever any of said improvements described and authorized in Sections 2 and 3 of this Act shall be authorized and done by Assessments. said city, pursuant to the provisions hereof, the mayor and council of said city may in their discretion apportion and assess any part or all of the cost of making any or all of said improvements against the abutting property and the owners thereof on each side of the streets, highways, public places, or other area covered by such improvements, according to the frontage of said property thereon. If in the discretion of the mayor and council any portion of such cost is assessed against any has to be borne by the city, such assessment and expense may be paid out of any available funds for that purpose in the city treasury, or the mayor and council may levy a special ad valorem tax against all property in said city Special tax. subject to said tax, sufficient in amount to pay the same, or the same may be paid from the proceeds of bonds duly authorized, validated, and issued by said city.
Sec. 8. Be it further enacted that assessments m conformity to said appraisment and apportionment as Payment of confirmed by said mayor and council shall be payable assessments. in ten annual installments, and shall bear interest at the rate of not exceeding seven per cent. per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. That said mayor and council shall by ordinance levy assessments in accordance with the said appraise- Levy; record ment and apportionment as so confirmed against the of notice. several tracts of land liable therefor, and shall cause notice of said appraisement and apportionment, duly certified as correct by the city clerk, to be recorded on the mortgage records of Colquitt County. Such special

154

PART II.-TITLE !I.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

Lien of ass.essment.

assessment and each installment thereof, together with interest on the same, are hereby declared to be a special lien against the lots, parcels, or tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes, and prior to and superior to all other liens against such land, and such liens shall continue until such assessment and interest thereon . shall be fully paid, but provided, however, that unmatured installments shall not be deemed to be within the terms of any general covenant of warranty.

Installment payments.

Sec. 9. Be it further enacted that the first installment, together with interest to that date upon the whole, shall be due and payable on the first day of October next succeeding the date of the levy of such assessment, and one installment, together with interest upon the amount remaining unpaid, shall be due and payable on the first day of October in each succeeding year until all shall have been paid; provided that, if such assessing ordinance shall be passed after the first day of July in any year, then the first installment and interest shall become due and payable on October first of the succeeding year; and provided, nevertheless, that any owner of the property so assessed shall have the privilege of paying the amount assessed against his property within thirty days from the date of the passage of such ordinance, without interest, and thus relieve his property of the lien of such assessment.

Bond issue.
City not liable.

Sec. 10. Be it further enacted by the authority aforesaid, that, thirty days after the date of the passage of said resolution apportioning and levying such assessments, the mayor and council shall by written resolution, provide for the issuance of bonds in the aggregate amount of such assessments then remaining unpaid, bearing date thirty days after the passage of the resolution levying said assessments, and of such denominations as the mayor and council may determine, which bonds shall in no event become a debt or liability of the City of Moultrie by reason of its issuing the same for

PART 11.-TITLE !I.-MUNICIPAL CORPORATIONS.

155

Moultrie Street Improvements.

the purpose herein specified. One tenth in amount of any such series of bonds, with the interest upon the Maturities. whole amount of such series up to the first day of November next succeeding the maturity of the first installment of the assessment as hereinbefore provided, shall be payable on that date; and one tenth in amount of such issue of bonds, together with the annual interest upon the whole amount thereof remaining unpaid, shall be payable on the first day of November in each succeeding year until all of said installments shall have been paid. Such bonds shall bear interest at a rate not ex- Interest. ceeding a rate of seven per cent per annum from their date until maturity, payable annually, and shall be designated "Street Improvement Bonds," and shall on their face recite the streets or other public places for the improvements of which they have been issued and that they are payable solely from assessments which have been levied upon lots, parcels, and tracts of land benefitted by such improvements under authority of this Act. Said bonds shall be signed by the mayor and at-
Signature and
tested by the city clerk, and shall have the impression seal. of the corporate seal of said city thereon, and shall have interest coupons attached; and all bonds issued by authority of this Act shall be payable at such place either within or without the State of Georgia as may be designated by the mayor and council. Said bonds shall be
Sale price.
sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses incurred in the making of such improvements, or such bonds may in whole or in part be negotiated and Dispo!!lal. delivered to the contractor at not less thim par value, .in payment of any amount due him on his contract. And any portion of the bonds not so negotiated or turned over to the contractor may be sold or otherwise disposed of _by the mayor and council at not less than par value, and the proceeds applied to any expense incident to and incurred by the city in providing for such improvements. Said bonds may, at the option of the holder thereof, be registered by the city clerk in a book to be Registry.

156

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

provided for that purpose, and a certificate of registration by the clerk shall be by him endorsed upon each of said bonds.

Sec. 11. Be it further enacted by the authority afore-

Time for paying assess-

said,

that

the assessments provided for

and

levied

under

ments.

the provisions of this Act shall be payable by the person

owning the said lot, parcel, or tract of land, on the first

day of October of each year, together with the interest

thereon, to the clerk of the City of Moultrie, who shall

give proper receipts for such payments; it shall be the

duty of the city clerk to keep an accurate account of

Account of all such collections made by him, and such collections collections. shall be kept in a separate fund to be used and applied

for the payment of such bonds and the interest thereon,

and for no other purpose. Any misapplication or mis-

appropriation of such fund by any one shall constitute

Penalty.

a misdemeanor, and be punishable as such under the

criminal laws of this State providing for the trial and

punishment of persons committing any misdemeanor.

It shall be the duty of said clerk, upon default of pay-

ment of the principal or interest of any assessment or

installment herein provided for, at the maturity thereof,

to promptly issue an execution against the lot, parcel, or

Execution. tract of land assessed for such payment, or against the

owner of the property for the full amount thus becoming

due and unpaid, and to forthwith turn such execution

Levy and sale.

to the city marshal, who shall promptly levy the same upon the real estate liable for the assessment and pre-

viously assessed for such improvements; and, after

adyertisement and other proceedings as in the case of

sales for city taxes, the same shall be sold at public out-

cry, to the highest bidder, and such sales shall vest an

Title.

absolute title in the purchaser, subject to the lien of the

remaining unpaid installments, with interest; provided,

that the defendant in execution shall have the right to

Affidavit of illegality.

file an affidavit of illegality, denying that the whole or

any part of the amount for which the execution issued

is due, stating what amount (if any) he admits to be

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

157

due, which amount so admitted to be due shall be paid

before the affidavit is received. All such affidavits

shall set forth in detail the reasons why the affiant claims

the

execution

is

proceeding

illegally,

and

when

received

Return for trial.

by the marshal said affidavit shall be returned by him

to the Justice's Court of the 1151st District G. M., of

Colquitt County or to the Superior Court of said county,

if the amount of the execution is one hundred dollars

or less, and the Superior court only if the amount con-

tested is over one hundred dollars, and there tried and

the issue determined as in cases of illegality, subject to

all fines and penalties provided by law in such cases for

delay.

Sec. 12. Be it further enacted by the authority afore-

said, that the mayor and city council in its discretion, Semi-annual

by

proper

written

resolution,

provide

for

and

require

interest on bonds.

the payment of interest on the bonds authorized to be

issued in accordance with the provisions of Section 9

of this Act, semi-annually, on the first day of November

and May, instead of annually; and, in levying the as-

sessments against property owners for such public .im-

provements as authorized by this Act, the mayor and

city council may likewise require the installments to

be paid semi-annually on the first day of October and

April of each year, instead of annually, as provided in

Section 9 and 11 of this Act.

Sec. 13. Be it further enacted by the authority afore-

said,

that

in

all

cases

where

the

City

of

.Moultrie,

by

Authority to repave, etc.

its mayor and council, shall deem it necessary to repave,

redrain, remacadamize, and otherwise improve any

street, alley, avenue, lane, or other public place, which

had been paved or improved prior to the passage of this

law, such pavement or improvement is hereby authorized

to be done under and in pursuance of the provision of

this Act, and in such cases all provisions of this Act for

making such improvements and levying assessments

therefor and the issuance of bonds shall apply.

158

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

Mo-ultrie Street Improvements.

Sec. 14. Be it further enacted, that where the right

Railroads. of way or any railway company crosses any public thor-

oughfare within the corporate limits of the City of Moul-

trie, such company is to be deemed for all the purposes

of this Act as the owner of the property on both sides of

such-thoroughfare to the extent of the entire width of

the right of way, irrespective of the use to which the same

may be put or the portion thereof actually occupied by

its track or tracks; and where the right of way, or other

occupied or unoccupied land of any railway company

lies longitudinally along and abuts upon any street or

thoroughfare in said city, such company and its said

abutting property shall be subject to all the provisions

of this Act in the same manner and to the same extent

as other persons, firms, and corporations owning property

in the City of Moultrie. That whenever the abutting

landowners of any street, alley, avenue, or lane of said

city petition the City of Moultrie as herein set out, or

the mayor and council or said city pass the resolution

or ordinance provided for in section 3 of this Act, for

the pavement of any said street, avenue, alley, or lane

or,.other public place, where the State, or any of its poli-

Assessment to City, Coun-

tical

subdivisions,

is

the owner of

any property on said

ty, or State. street, the frontage so owned is to be counted as if owned

by an individual, and shall be likewise treated for the

purposes of assessment; and where the State is the owner

of the property, the Governor is authorized to sign any

petition provided for in this Act, for and in behalf of the

State; and where the county is the owner, the chairman

of the Board of Roads and Revenues of Colquitt County

is authorized to sign in behalf of the county; and where

the City of Moltrie is the owner, the mayor of Moultrie

is authorized to sign in behalf of the city.

Sec. 15. Be it further enacted by the authority afore-

Limitation of said, that no suit shall be sustained to set aside any such

action.

assessment or to enjoin the said City of Moultrie or its

mayor and council from making any such assessment or

levying or collecting any such assessments, or issuing

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.
Moultrie Street Improvements.

159

such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any ground or for any reason other than for the failure of the City of Moultrie, by its mayor and council, to adopt and publish the preliminary resolution or ordinance provided for in Section 3 of this Act in cases requiring .mch resolution or ordinance and its publication, and to give the notice of the hearing of the appraisers as herein provided for, unless such suit shall be commenced within sixty days after the passage of the ordinance making such final assessment; provided, that in the event any special assessment shall be fou~d to be invalid or insufficient for any reason whatsoever, the said mayor and council may, at any time in the manner provided ~~;t_assess for the levying an original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.
Sec. 16. Be it further enacted, that the mayor and city council of said city shall have the power and authori- Agency. ty to create between itself and any person, firm, corporation, or governmental agency, division, or department thereof, the relation of principal and agent for the making of any and all contracts for the doing of said im-
contracts.
provements, so that the city may authorize any person, firm, corporation, or governm~ntal agency, division, or department thereof to make for it and in its behalf any and all contracts and agreements for the making of said improvements. Said city shall have the right to accept and receive any gift, donation, or contribution Donations. from any source whatever for the purpose of making any of said improvements, and the maybr and council of said city are hereby authorized to use and appropriate any such gift, donation, or contribution, in their discretion either in reduction of any assessments which it Reduction. may see fit to make against said city as its proportion of the assessments for making any of said improvements, or in reduction of any of the assessments which may be made against the owners and their abutting property.

160 PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
llrashville Street Improvements.

This act cumulative.

Sea. 17. Be it further enacted, that the provisio:na of this Act shall be deemed and held to be cumulative of and supplemental to the existing law with reference to such improvements in said City of Moultrie, particularly as authorized in said Act of 1913, it not being the intention of this Act to repeal any present or existing laws on said subject relating to said City of Moultrie; but said city, under any future proceeding under and by virtue of said Act of 1913, may, in the discretion of the mayor and council, adopt and avail itself of any of tha provisions, rights, privileges, powers, and remedies authorized in this Act, whenever the provision of said two Acts are not inconsistent with and antagonistic to each other.

Sec. 18. Be it further enacted, that all laws and parts of law-s in conflict herewith be and the same are hereby repealed.

Approved April 6, 1926.

NASHVILLE STREET IMPROVEMENTS.
No. 25, SECOND SEssioN.
An Act to amend an Act of the General Assembly of Georgia, reincorporating the City of Nashville, in the County of Berrien, approved August 15, HHO, so as to authorize and empower the City of Nashville, by its Mayor and Council, to establish and change thp grade of any streets, avenues, alleys, lanes, sidewalks and other places in the City of Nashville, and to improve the same by paving, macadamiling, and draining the same; to provide for the procedure for such grading, improving and paving, and for making and collection of assessments for the same, and for establishing a loan therefor to provide for the payment of such grading, improvement, and paving entirely or partially by the abutting

PART H.-TITLE H.-MUNICIPAL CoRPOUTIONS. 161
Na&hville ltreet lmp:rovemente.
and adjacent property owners on the basis of ten per cent. yearly for ten years; to provide for the issuance of bonds SJ,s the City of Nashville by its Mayor and Council, to be known as ustreet Improvement Bonds," and for the payment of the same; to provide for the renewal of any such paving and other paving previously laid, and for other purposes.
Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority ~J~1o of the same, that from and after the passage of this Act the Charter of the City of Nashville, Berrien County, Georgia, which was approved August 15, 1910, be and the same is hereby amended as follows:
Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of Puwers. the same, that said City of Nashville, by its Mayor and Council, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks, and other places in the City of Nashville, and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations described in this Act.
Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said City of Nashville, by its All Mayor and Council, !hall deem it necessary to grade, pave, aeasmenta. macadamize, drain, or otherwise improve any street, avenue, alley, lane, sidewalk, or any part thereof within the limits of the City of Nashville, said City of Nashville, by its Mayor and Council, !hall by resolution declare such work or improvement necessary to be done, and such resolutions or ordinance !hall be published once a week for two consecutive weeks in a newspaper having a general circulation in the City of Nashville, and if tb,e owners of more than one half of the linear front feet of the land fronting on such improvement and liable to assessment

162

PART II.-TITLE !I.-MUNICIPAL CORPORATIONS.
Nashville Street Improvements.

to pay for such improvement, on such street, avenue,

alley, lane, sidewalk, or highway, shall not, within fifteen

days after the last publication of such resolution or ordi-

nance, file with the Clerk of said City of Nashville their

protest in writing against such improvement, then said

City of Nashville by its Mayor and Council shall have

the power to cause such improvements to be made and

to contract therefor and to levy assessments as herein pro-

vided for. Any number of streets, avenues, alleys, lanes,

sidewalks, or other public places or parts thereof to be so

Ordinance. improved may be included in one resolution or ordinance,

Separate pro- but any protest or objection shall be made as to each

tests.

street or highway separately, except, when treated as 1

one project, as hereinafter provided. Provided, however,

that if the owners of the entire linear frontage of land

abutting any proposed improvement of any street or part

Petition.

of street, alley, lane, or avenue, sidewalk, or other public place described in such petition, shall petition the City of

Nashville, or its Mayor and Council, for such impr.ove-

ment desired, the width of the same and materials pre-

ferred by petitioners for such improvement, and express

a willingness to pay the entire cost of such improvement,

it shall thereupon be the duty of said City of Nashville,

by its Mayor and Council, to promptly cause said improve

ment to be made in accordance with the prayer of said

petition, and in such cases the resolution or ordinance

hereinbefore mentioned shall not be required. Provided,

however, that where two or more streets running in the

same general direction from one continuous way, they

may be treated as one street, and the improvement there-

of as in this Act provided shall constitute one project

and shall be dealt with accordingly as to resolutions,

ordinances, or petition of property owners or protest by

property owners, or other proceedings.

Sec. 4. Be it further enacted by the authority afore-

Expenses included in cost.

said,

that

whenever

it

shall

be

determined,

under

the

provisions of the foregoing sections, that any street, ave-

nue, lane, or alley within the corporate limits of the City

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS. 163
Nashville, liltTeet lmprQ'!I'ementll.
of Nashville shall be paved, macadamized, or otherwise improved as herein provided, then the total cost of said paving or improvement to be proportioned shall include ,grading, excavating, engineering, and other things usual and incident to the proper paving of any street, and shall includeall intersections. When the total cost as aforesaid has been determined, then the City of Nashville will be liable tor one third of said total cost, and abutting !f~~~= .property owners, along both sides of such paved or macadamizing; and each abutting property owner along said paved street, lane, avenue, or alley shall be liable for his pro rata share of said two thirds of the total cost of paving or macadamizing, which pro rata share shall be calculated .in a.ccordance with the ratio which his abutting property front footage along both sides of said paved street, avenue, lane, or alley. Provided, however, that where sidewalks are paved under authority and provisions of this Act, or under other provisions of this City charter or amendments thereto or ordinances adopted in pursuance thereof, the Mayor and Council has the right to assess and collect :;aest~ment from abutting property Qwners the entire cost of such eos~~ re improvement adjacent to and abutting said property. Provided further, that the Mayor and Council may assess and collect from the abutting property owners such proportionate part of the cost of curb and gutter adjacent to their property as said Mayor and Council may fix and determine.
Sec. 5. Be it further enacted by the authority aforesaidp that whenever the petition provided for in Section 5 of this Act is presented, or when the City of Nashville, by its Mayor and Council, shall have determined to have or improve any-street, avenue, lane, alley, or other public place, and shall have passed the resolution or ordinance provided for in Section 3 of the Act, the said city of Nashville, by its Mayor and Council, shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay their

164

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.
Nashville Street Improvements.

Assessments inclusive of improve
ments.

proportionate part of the entire cost of such improvement, that is, two thirds of the entire cost as prescribed and set forth in this Act, and to cause to be put in and constructed all necessary water or sewer-pipers in and underneath the streets, avenues, ~anes, alleys, and other public places where such improvements are to be made as may be deemed proper and necessary by said Mayor and Council, and two thirds of the total cost of such water or sewerpipe and necessary connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvements, the Mayor and Council having the power, authority, and discretion to include the cost of such water or sewer-pipe and connections and cost of construction in the general assessment, under same rules and regulations. as to cost of pavement as herein set forth.

Resolution.
Terms and conditions.

Sec. 6. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or upon the receipt of the petition for such improvement signed by the abutting property owners as specified in this Act, if such petition shall be found to be in proper form and properly executed, the said City of Nashville, by its Mayor and Council, shall adopt a resolution reciting that no such case may be and expressing the determination of said City, by its Mayor and Council, to proceed with the improvements, stating the material to be used and the manner of construction, and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the agent or engineer of said city in the performance of his duties in preparing for such improvements the necessary plant, plats, profiles, specifications, and estimates. Said resolution shall set forth any such reasonable terms and conditions as said City of Nashville, by its Mayor and Council, shall deem proper to impose with reference to letting the contract and provisions therefor, and the said Mayor and Council shall by said reso-

PART II.-TITLE Il.-MUNICIPAL CORPORATIONS.
Nashville Street Improvements.

165

lution provide that the contractor shall execute to the

city a good and sufficient bond in

an amount to

be stated

Contractor's bond.

in such resolution, conditioned for the full and faithful

performance of the contract, and for the protection of the

city and all property owners interested against any loss

or damage by reason of the negligence or improper execu-

tion of the work, and may require a bond in an amount

to be stated in such resolution, for the maintenance of

good condition of such improvement for a period of not

less than five years from the time of its completion, or

both, in the discretion of the Mayor and Council of said

city. Said resolution shall also direct the agent or engi-

neer of said city to advertise for sealed proposals for furn-

Advertisement for

ishing the materials and performing the work necessary proposals.

in making such improvements. The notice for such pro- Notice.

posals shall state the street, streets, or other public places

to be improved, the kind of improvement proposed, what

if any bond or bonds will be required to be executed by

the contractor aforesaid, and shall state the time when

and place where such sealed proposals shall be filed and

when and where the same will be considered by the City

o'f Nashville, by its Mayor and Council. Said notice shall

be published once a week for two consecutive weeks in a Publication.

newspaper having a general circulation in the City of Nash-

ville. At the time and place specified in such notice the

City of Nashville, by its .!Vhyor and Council, shall ex-

amine all bids received, and without unnecessary delay

award the contract to the lmvest and best bidder who will

Award of contract.

perform the work and furni~:h the materials which may

be selected and perform all the conditions imposed by

said City of Nashville as prescribed in such resolution

and notice for proposals, and the said city, by its Mayor

and Council, shall have the right to reject any and all

bids and readvertise for other bids when any such are

not in its judgement satisfactory.

Sec. 7. Be it further em,cted by the authority aforesaid, that as soon as the contract is let and the cost of such improvements, which s:1all include all other expenses

166

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
Nashville Street Improvements.

incurred by the city incident to such improvements in

addition to the contract price for the work and materials,

is ascertained, the said City of Nashville, by its Mayor

and Council, shall by resolution appoint a board of ap-

Board of praisers consisting of its agent or engineer, the Clerk of
appraisers.
the said City, and a member of the Board of Tax Assessors

to appraise and apportionate cost and expense of the

same to the several tracts of land abutting on such im-

provements. Within ten days from the date of the reso-

lution appointing said Board, the said Board shall file a

Report of written report of the appraisal and assessment and apporassessment. tionment of such expense and cost to the several lots

and tracts of land abutting on such street, streets, alley,

lane, avenue, or other public place so improved, with the

Clerk of said City. When said report shall have been

returned and filed, the said city shall appoint a time for

the holding of a session of its Mayor and Council for the

Objections. hearing of any complaints or objections that may be made

concerning the said appraisment, apportionment, and

assessment as to any such lots or tracts of land abutting

Notice.

on said improvements, and notice of such session for the

hearing shall be published by the Clerk of said City at

least once a week for two consecutive weeks in a news-

paper having a general circulation in said city, and said

notice shall provide for inspection of such by any prop-

erty owner or other person interested in such return. The

time fixed for such hearing shall not be less than five

days nor more than ten days from the last publication.

Review.

The Mayor and Council at said session shall have power

to review and correct said appraisment, apportionment,

and assessment and to hear objections to the same, and

to confirm the same, either as made by said Board or as

corrected by the Mayor and Council. Assessments in

Payment of assessments.

conformity to said appraisment and apportionment as

Interest.

confirmed by said Mayor and Council shall be payable

in ten equal installments, and shall bear interest at the

rate of not more than 7 per cent. per annum until paid,

payable in each year at such time as the several install-

ments of the assessments are made payable each year.

PART Il.-TITLE II.-MUNICIPAL CORPORATIONS.
Nash"ille Street Improvements.

16 7

The said Mayor and Council shall by ordinance levy

assessments in accordance with the said appraisement and

apportionment as so confirmed, against the several tracts

of land liable therefor, and shall cause said appraisement

and apportionment

to

be recorded on the mortgage rec-

Record of appraisement.

ords of Berrien County, duly certified as correct by the

Clerk of the Council, and when so recorded, the charges

assessed against the various parcels of and shall become

a first lien thereon, superior to all other liens except those ~;:~m~~ts

to the State of Georgia, the County of Berrien, and the

City of Nashville.

Sec. 8. Be it further enacted by the authority aforesaid, that the first installments of said assessments, together with interest to that date upon the whole, shall be due and payable on the first day of November next ~~~t:,~~~t~~t succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remain- 'i:!';::.e~~~ ing unpaid shall be payable on the first day of November in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of October in each year, the first installment of such assessment and interest shall be due and payable on November the first of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty says from the date of the passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within said period of thirty days, to the City Clerk of the City of Nashville and relieve their property from the lien of said assessments, which money so paid to the City Clerk shall be disbursed pro rata between the contractor Disbursement.
and the City in proportion to their respective interests.

Sec. 9. Be it further enacted by the authority afore-
said, that such special assessment and each installment Lien of astherefor and interest thereon are hereby declared to be a sessments.

168

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.

Nashville Street Improvements.

lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such liens shall continue until such assessment and interest shall be fully paid; but unmatured installments shall not be deemed to be within the terms of any general covenant of warranty.

Sec. 10. Be it further enacted by the authority afore-

said, that the said City of Nashville, by its :Mayor and

Bond issue. Council, after the expiration of thirty days from the

passage of said ordinance confirming and levying said

assessment, shall by resolution provide for the issuance of

bonds in the aggregate amount of such assessments remain-

ing unpaid, bearing date fifteen days after the passage

of the ordinance levying the said assessments, and of

such denominations as the said City of Nashville, by

its Mayor and Council, shall determine, which bond or

Non-liability. bonds shall in no event become a liability of the City of Nashville, or its Mayor and Council issuing same. One

tenth in amount of any such series of bonds, with the in-

Payment of bonds.

terest upon the whole series to that date, shall be payable

on the 15th day of November next succeeding the matur-

ity of the first installment of the assessments and interest

and one tenth thereof, with the yearly interest upon the

whole amount remaining unpaid, shall be payable on

the 15th day of November in each succeeding year until

all shall be paid. Such bonds shall bear interest at a

Interest rate. rate not exceeding 7 per cent. per annum from their date

until maturity, payable annually, and shall be designated

as "Street Improvement Bonds," and shall on the face

thereof recite the street or streets, part of street or streets,

or other public places for the improvement of which they

have been issued, and that they are payable solely from

assessments which have been levied upon the lots and

tracts of land benefitted by said improvements under

authority of this Act. Said bonds shall be signed by the

Signature and seal.

City of Nashville, by its Mayor, and attested by the Clerk, and shall have the impression of the corporate seal of

PART !I.-TITLE !I.-MUNICIPAL CoRPORATIONS.

169

Nashville Street Improvements,

such city thereon, and shall have interest coupons attached; and all bonds issued by authority of this Act shall be payable to bearer at such place, either within or without the State of Georgia, as shall be designated by said Mayor and Council. Said bonds shall be sold at not less sale price. than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said Mayor and Council, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other Disposal. expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said Mayor and Council shall direct. Said bonds may be registered by the City Clerk in a book to be pro- Registry. vided for that purpose, and certificates of registration by the clerk of said city shall be endorsed upon each of said bonds.
Sec. 11. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under Payments.
the provisions of this Act shall be payable by the persons owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the City Clerk of the City of Nashville, who shall give proper receipt for such payment. It shall be the duty of the city clerk to keep accurate accounts of all Account or such collections by him made, and such collections shall collections.
be kept in a special fund to be used and applied for the payment of such bonds and interest, and for no other purpose. It shall be the duty of the city clerk, not less than thirty days and not more than forty days before maturity of any installment of such assessments, to publish in a newspaper having a general circulation in said city, once a week for two consecutive weeks, a notice addressed generally to the property owners on the streets, Pu~lication of avenues, alleys, or high\vays whereon said improvements notice. were made advising the owners of the property affected by

170

PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.
Nashville Street Improvements.

the assessments of the date when such installment and in-

terest will be due, and designating the street or streets or

other public places for the improvement of which assess-

ments have been levied, and that unless the same shall be

promptly paid proceedings will be taken to collect said

installments and inter.est. And it shall be the duty of

said City Clerk, promptly at the date of maturity of

any such installment or assessment and interest, and

or before the 15th day of November of each year, in case

of default in payment of such installment or assessment Exeeution. with interest, to issue an execution against the lots or

tract of land assessed for improvement, or against the

party or person owning the same, for the amount of such

assessment with interest, and shall turn over the same to

the Marshal of the City of Nashville, or his deputy, who

Levy and shall levy the same upon the adjoining real estate liable

sale.

for such assessment and previously assessed for such

improvement. And after advertisement and other pro-

ceedings as in case of sales for city taxes of said city,

the same shall be sold at public outcry as in other city

tax sales, to the highest bidder, and such sales shall vest an

absolute title in the purchaser subject to the lien of the

remaining unpaid installments or assessments with in-

terest; provided, that the defendant shall have the right

Affidavit of illegality.

to file an affidavit denying that the whole or any part of

the amount for which said execution issued is due, and

stating what he admits to be due, which amount so ad-

mitted to be due shall be paid or collected before the affi-

davit is received, and the affidavit received for the balance.

All affidavits shall set out in detail the reason why the

affiant claims the amount is not due, and when received

by the City Marshal shall be returned to the Superior

Return for trial.

Court of Berrien County, Georgia, and there tried and

the issue determined as in cases of illegality and subject

to all the pains and penalties provided for in case of ille-

gality for delay under the Code of Georgia, and it shall

be the duty of the judge of Superior Court of Berrien

County to give preference to the trial of these cases over

all other cases pending in said court. The failure of the

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.

171

Nashville Street Improvements.

city clerk to publish said notice of the maturity of any

installment

of

said

assessment

and

interest

shall

in

no

Failure publish

to no-

wise affect the validity of the assessment and interest and tice.

the execution issued therefor.

Sec. 12. Be it further enacted by the authority afore-

said, that no suit shall be sustained to set aside any such

assessment or to enjoin the said City of Nashville or its

Mayor and Council from making any such assessments or

issuing such bonds or providing for the payment as herein

authorized, or contesting the validity thereof on any

grounds

or

for

any

reason

other

than

the

failure

of

the

Limitation action.

of

City of Nashville, by its Mayor and Council, to adopt

and ppblish the preliminary resolution or ordinance pro-

vided for in Section 3 of this Act in cases requiring such

resolution or ordinance and its publication, and to give

the notice of the hearing of the report of the appraisers

as herein provided for, unless such suit shall be commenced

within sixty days after the passage of the ordinance mak-

ing such final assessment; provided, that in the event

any special assessment shall be found to be invalid or

insufficient for any reason whatsoever, the said Mayor

and Council may at any time, in the manner provided

for the levying an original assessment, proceed to cause

a

new

assessment

to

be

made

and

levied,

which

shall

New assessment.

have like force and effect as an original assessment.

Sec. 13. Be it further enacted by the authority aforesaid, that it shall be the duty of the Mayor and Council of City of Nashville, where any pavement or hardsurfaced improvements have been made under this bill, at all times to maintain and keep in good repairs the said streets so Repairs. so improved at the expense of said city; except in cases where the property owners or any public service or other persons deem it necessary to break the pavement for the purpose of making improvements, the same shall be done after obtaining consent in writing from the Mayor and Council, at the expense of said person or corporation finding it necessary to break or destroy any or such streets so paved.

172

PART 11.-TITLE II.-MUNICIPAL CoRPORATIONS.
Nashville Street Improvements.

Time of publication.

Sec. 14. Be it further enacted by the authority aforesaid, that in computing time as to the publication of notices in a newspaper as required by this Act, the time shall be the number of days therein specified, exclusive of all Sundays and legal holidays.

Sec. 15. Be it further enacted by the authority afore-

said, that whenever the abutting landowners of any street,

alley, avenue, or lane of said City petition the City of

Nashville, as herein set forth, or the Mayor and Council

of said city pass the resolution or ordinance provided for

in Section 3 of this Act, for the pavement of any street,

avenue, alley, lane, or other public place, where the State

or any of its political subdivisions is the owner of any

Frontage. property on said street, the frontage so owned is to be

counted as if owned by an individual and shall likewise

be treated for the purpose of assessment; and where the

State is the owner, the Governor is authorized to sign

City, County,

State.

any petition provided for in this Act; and where the county

is the owner, the chairman of the Board of Roads and

Revenues for Berrien County is authorized to sign in

behalf of the county; and where the City of Nashville

is owner, the Mayor 'is authorized to sign for the City of

Nashville.

This act cumulative.

Sec. 16 Be it further enacted by the authority aforesaid', that it is not the intention of this Act to repeal any present or existing laws for the pavement or improvement of the streets and sidewalks of the City of Nashville, but it is intended that this Act is to be cumulative as to all such improvements in said City. It is the intention to preserve all rights and privileges heretofore granted to the Mayor and Council in the charter of the City of Nashville, and the amendments thereto, and to grant in addition thereto the rights and authority contained and set forth in this Act; and the City of Nashville, by its Mayor and Council, is authorized to exercise the rights, privileges and authority heretofore granted and contained and set forth in the charter of the City of Nashville and amendments thereto.

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.

173

Perry Street Improvements.

Sec. 17. Be it further enacted by the authority aforesaid, that all laws and parts of laws conflicting herewith be and the same are hereby repealed.
Approved April 10, 1926.

PERRY STREET IMPROVEMENTS.
No. 1, SECOND SESSION.
An Act to amend the charter of the City of Perry in Houston County, approved December 12, 1859, and Acts amendatory thereof, so as to authorize the Mayor and Aldermen of the City of Perry to grade, pave, macadamize, or otherwise improve the sidewalks, streets, alleys, and lanes of said city, and for that purpose to issue bonds; to require street and steam railroads in the street and other public places of said City to improve and pave the same within the tracks and two feet on each side thereof; to provide for the procedure for such grading, improving, and paving, and for making and collections of assessments for the same, and for establishing a lien therefor, and enforcement of collection of same; to provide for the payment of such grading, improving, and paving entirely by the abutting and adjacent property-owners on the basis of ten per cent yearly for (10) ten years; to provide for the issuance of bonds by the said Mayor and Aldermen of the City of Perry, to be known as "Street Improvement Bonds," and for the payment of the same; to provide for the renewal of such paving and other paving previously laid, and for other pur-
poses.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the :::::.. authority of the same, that the charter of the City of Perry in Houston County, Georgia, be and the same is hereby amended in the following particulars:

174

PART !I.-TITLE H.-MUNICIPAL CORPORATIONS.
Perry Street Improvements.

Powers conferred.

Sec. 2. Be it enacted by the authority aforesaid, that the Mayor and Aldermen of the City of Perry is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the City of Perry, and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitation prescribed in this Act.

Railroads. Paving, etc. Lien.

Sec. 3. Be it further enacted by the authority aforesaid, that any street or steam railroad now having or which may hereafter have tracks running through the streets, avenues, lanes, alleys of said City or other public places shall be required by said Mayor and Aldermen to pave, macadamize, and drain the width of its track and two feet on each side of every line of track now constructed, or that may hereafter be constructed by such railroad company. And if such railroad company shall fail or refuse to comply with the order of said. Mayor and Aldermen to make such improvements by paving, macadamizing, and draining the same after receiving thirty days' notice to do said work, such work may be done by said Mayor and Aldermen at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and the Mayor and Aldermen of the City of Perry shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company which may be enforced against such property as hereinafter provided for the enforcement or other liens for paving, provided, however, that this section shall not go into effect or become operative until after the expiration of five (5) years from the passage of this Act.

Sec. 4. Be it further enacted by the authority afore-

said, that whenever the said Mayor and Aldermen shall

Resolution to pave, etc.

deem it necessary to

grade,

pave,

macadamize,

drain,

or otherwise improve any street, avenue, alley, lane, or

PART II.-TITLE !I.-MUNICIPAL CoRPORATIONS.

175

Perry Street Improvements.

any part thereof, within the limits of the City of Perry, said Mayor and Aldermen shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published in two (2) conseotive issues of a weekly newspaper published and having a Patdilmtilm.
general-circulation in the City of Perry; and if a majority of the owners of the land liable to assessment to pay for such improvement of any such highway shall not, within fifteen (15) days after the last publication of such resolution, file with the Clerk of said City their protest in Protest. writting against such improvement, said Mayor and Aldermen shall have power to cause said improvement Auessments.
to be made to contract therefor and to levy assessments or liens provided for. Any number of streets, avenues, alleys, lanes, or other public places or parts thereof to be so improved may be included in one resolution, but any protest or objection shall be as to each street or other highway separately; provided, however, that if a majority of the owners of the land liable to assessment Petition ot for any such improvement shall petition the Mayor and owners.
Aldermen for such improvement of any street or part of street, alley, lane, or avenue, or other public place, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petition by such improvements, it shall
thereupon be the duty of said Mayor and Aldermen to
promptly cause the said improvements to be made in
accordance with the prayer of said petition, and in such
cases the resolution hereinbefore mentioned shall not be required.

Sec. 5. Be it further enacted by the authority afore-

said that the lots plooes or parcels of land frontina or Assessment

abut' ting

upon

bot'h

sides' of

said

improvements

-.:>
shall

be

prn

mts.

charged with the cost thereof according to the just pro

rata of the entire cost of said improvement for the said

frontage on basis on lineal foot frontage; provided, that

the frontage of intersecting streets, avenues, lanes, or

alleys shall be assessed as real estate abutting upon the

176 PART !I.-TITLE II.-MtJNICIPAL CoRPORATIONS.
Perr;v Street Improvements.

street, lane, alley, or avenue paved or otherwise improved, and the said Mayor and Aldermen shall be for all intents and purpoaes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, or avenue, shall poseas the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, or aTenue, and shall pay from the City treasury the just pro rata of the entire cost of said work or improvement for the said frontage.

Ordinances.

Sec. 6. Be it further enacted by the authority aforeaaid, that whenever the petition provided for in Section four of this Act is presented, or whenever the said Mayor and Aldermen shall have determined to pave or improve any meet, avenue, lane, alley, or other public place, and shall have pasaed the resolution provided for in aaid Section four of this Act, the said Mayor and Aldermen shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas, or sewer-pipe connections to connect with any existing water, gas, or sewer-pipes in and underneath the streets, avenues, lanes, and alleys and other public places where such public improvements or to be made, and all cost and expenses for making such connections shall be taxed
against such property shall be included and made a part of the general assessment to cover the cost of such improvement, in addition to the basis of said lineal foot frontage, if so determined by the appraisers hereinafter provided for.

Resolution.

Sec. 7. Be it further enacted by the authority aforeaaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such improvement signed by a majority of the owners of the land to be asseased, if such petition shall be found to

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
Perrl!, Street Improvements.

177

be in proper form and properly executed, the said Mayor and Aldermen shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of said Mayor and Aldermen to proceed with the said improvement, stating the material to be used and the manner of construction, and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the City Engineer of said City in the performance of his duties in preparing for such improvement the necessary plans, plots, profiles, ~pecifications, and estimates. Said resolution shall set forth any and all such reasonable terms and conditions ~:~:;::ia8n0.~ as said Mayor and Aldermen shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said Mayor and Aldermen shall by said resolution provide that the contractor shall execute to the City a good and sufficient bond in an ~o~nt~a~iar. amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution for the maintenance of good condition of such improvements for a period of not less than five (5) years from the time of its completion, or both, in the descretion of said Mayor and Aldermen. Said resolution shall also direct the City !.~~~r~~: Engineer of said City to advertise for sealed proposals proposals.
for furnishing the materials and performing the work Notice. necessary for making such improvements. The notice of such proposal shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what if any bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the place where such sealed proposals shall be filed and when and where the same will be considered by said Mayor and Aldermen. Said

178

PART H.-TITLE !!.-MUNICIPAL CoRPORATIONS.

Perry Str<1et Improvements.

Award of contract.

notice shall be published in two consecutive issues of a weekly newspaper of general circulation in the City of Perry. At the time and place specified in such notice the Mayor and Aldermen shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder, who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said Mayor and Aldermen as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the City Engineer with the plans and specifications, and the said Mayor and Aldermen shall have the right to reject any and all bids and readvertise for other bids when any such bids are not in its judgment satisfactory.

Board of appraisers.
Report.
Objections.

Sec. 8. As soon as the said contract is let and the cost of such improvement, which shall also include all other expenses incurred by the City incident to said improvements in addition to the contract price for the work and materials, is ascertained, the said Mayor and Aldermen shall by resolution appoint a Board of Appraisers, consisting of the City Engineer of said City, Clerk of City Council, and the Mayor of said City, to appraise and apportion the costs and expenses of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within ten days from the date of the resolution appointing said Board, the said Board shall file a written report of the appraisal and apportionment of such expense and cost to the several lots and tracts of land abutting on said street, alley, lane, or avenue or other public places so improved, wjth the Clerk of Council of said City in the manner and on the basis herein provided. When said report shall have been returned and filed, the said Mayor and Aldermen shall appoint a time for the holding of a session of Council, or shall!designate a regular meeting of the :\Iayor and Aldermen of said City for the hearing of any complaints or objections that may be made concerning the said

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.
PerrY Street Improvements.

179

appraisement, apportionment, and assessment as to any

such lots or tracts of land abutting on said improvement,

and notice of such session for the said hearing shall be

published by said Clerk of Council in one issue of any

weekly newspaper of general circulation in the City of

Perry at least five days before said hearing, and said

notice shall provide for an inspection of such return by

any property owner or other party interested in such

return. The said Mayor and Aldermen at said session

shall have power to review and correct said appraise- Review.

ment, apportionment, and assessment, and to hear ob-

jections to the same, and to confirm the same either as

made by said board or as corrected by said Mayor and

Aldermen. Assessments in conformity to said appraise-

ment

and

apportionment

as

confirmed

by

the

Mayor

Payment of assessments.

and Aldermen of the City of Perry shall be payable in

ten equal installments, and shall bear interest at the

rate of not exceeding seven per cent. per annum until

paid, payable in each year at such time as the several

installments of the assessments are made payable each

year. The said Mayor and Aldermen shall by ordinance

levy assessments in accordance with said appraisement

and apportionment as so confirmed against the several

tracts of land liable therefor; provided, however, that Interest.

the rate of interest to be taxed shall not exceed one per

cent. (1 %) over and above the rate of interest stipulated

in the bonds herein provided for.

Sec. 9. Be it further enacted by the authority aforesaid, that the first installment of said assessments, to-
Installment
gether with interest to that date upon the whole, shall payments. be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall

180 PART II.-TITLE II.-MuNrcrPAL CoRPORATIONS.
Perry Street Improvements.

Payments in full.

be due and payable on September first of the following year. Such ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of the passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the Treasurer of the City of Perry, and relieve their property from the lien of said assessment, which money so paid to the said Treasurer shall be disbursed pro rata between the contractor and the City in proportion to the respective interests.

Lien of assessment.

Sec. 10. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof and the interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty.

Bond issue.
of ~::~~nt

Sec. 11. Be it further enacted by the authority aforesaid, that the said Mayor and Aldermen, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said Mayor and Aldermen of the City of Perry shall determine, which bond or bonds shall in no event become a liability of the Mayor and Aldermen of the City of Perry issuing same. One tenth in amount of any such series of bonds, with the interest upon the whole series to date, shall

PART 11.-TITLE II.-MUNICIPAL CORPORATIONS.

181

Perry Street Improvements.

be payable on the fifteenth day of September next succeed-

ing the maturity of the first installment of the assess-

ments and interest, and one tenth thereof with the yearly

interest upon the whole amount remaining unpaid shall

be payable on the fifteenth day of September in each

succeeding year until all shall be paid. Such bonds Interest rate.

shall bear interest at a rate not exceeding six per cent.

per annum from their date until maturity, payable an-

nually, and shall be designated as "Street Improvement

Bonds," and shall on the face thereof recite the street

or streets, part of street or streets, or other public places

for the improvement of which they have been issued,

and that they are payable solely from assessments which

have been levied upon the lots and tracts of land bene-

fited

by

said

improvement

under

authority

of

this

Act.

Signature and seal.

Said bonds shall be signed by the Mayor and attested

by the Clerk of Council, and shall have the impression

of the corporate seal of such City thereon, and shall have

interest coupons attached; and all bonds issued by au-

thority of this Act shall be payable at such place, either

within or without the State of Georgia, as shall be desig-

nated by said Mayor and Aldermen. Said bonds shall

be sold at not less than par, and the proceeds thereof

applied to the payment of the contract price and other Sale price.

expenses by the said Mayor and Aldermen, or such bonds

in the amount that may be necessary for that purpose

may be delivered to the contractor at par value in pay-

ment of the amount due on his contract, and the portion Disposal. thereof which shall be necessary to pay other expenses

incident to and incurred in providing for said improve-

ments shall be sold or otherwise disposed of as the said

Mayor and Aldermen shall direct. Said bonds shall be

registered by the Clerk of Council in a book to be pro- Registry.

vided for that purpose, and certificates of registration

by said Clerk of Council shall be endorsed upon each of

said bonds.

Sec. 12. Be it further enacted by the authority aforesaid, that the assessments provided for and levied

182 PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
Perry Street Improvements.

Payments. Account of collections.
Notice.
E.x.. ecution .
Levy and sale. Title.

under the provisions of this Act shall be payable by the person owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the Treasurer of the City of Perry, who shall give proper receipts for such payments. Jt shall be the duty of the Treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest thereon and expenses incurred thereto, and for no other purpose. It shall be the duty of said Treasurer of Clerk of Council, not less than thirty days and not more than forty days before the maturity of any installment of such assessment, to publish, in one issue of a weekly newspaper published in the City of Perry and having a general circulation in said City, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street or streets, or other public places for the improvement of which such assessments have been levied, and that, unless the same shall be promptly paid, proceedings will be taken to collect said installment and interest. And it shall be the duty of said Treasurer promptly after the date of the maturity of any such installment or assessment and interest and on or before the fifteenth day of September of each year, in case of a default of payment of such installment or assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement or against the party or person owning the same, for the amount of such assessment with interest, and said execution shall be promptly delivered to the Marshal or Chief of Police of the City of Perry, or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement, and, after advertisement and other proceedings as in case of sales for City taxes, the same shall be sold at public outcry to the highest bidder; and such sale shall vest an absolute title in the purchaser, subject

PART H.-TITLE H.-MUNICIPAL CoRPORATIONS. 183
Perry liltrm Impr!Wements.

to the lien of the remaining unpaid installments with

interest, and also subject to the right of redemption aa

provided in Sections 880, 1169, 1170, 1171, 1172, of the

Code of Georgia of 1910; provided that the defendant

shall have the right the who1e or any par

to file an affidavit t of the amount for

wdehnicyhinIHgiL.ltdheaxtetchue-

Affidavit af ruegalfiN.

tion issued is due, and stating what amount he admits

to be due, which amount so admitted to be due shall be

paid or collected before the affidavit is received, and the

affidavit received for the balance. All affidavits (and

the foregoing and following provisions shall apply to the

street or steam railroads against whom execution shall

be issued for the cost and expense of paving) shall set

out in detail the reasons why the affidavit claims the

amount is not due, and, when received by the City

Marshal or Chief of Police, shall be returned to the Retum m

Superior Court of Houston County, Georgia, and there trial.

be tried and the issue determined as in cues of illegality,

subject to all the pains and penalties provided for in

cases of illegality for delay under the Code of Georgia.

The failure of the said Treasurer or Clerk to publish

said notice of maturity of any installment of said as-

sessment and interest shall in nowise affect the validity

of the assessment and interest and the execution issued

therefor.

Sec. 13. Be it further enacted by the authority aforesaid, that no suit shall be sustained to set aside any such ~!~!:ttan ot aasessment or to enjoin the said Mayor and Aldermen from making any such assessment or levying or collect-
ing any such assessments, or issuing sucm bonds or providing for their payment as herein authorized, or contesting the validity thereof on any ground or for any
reason, other than the failure of the Mayor and Aldermen of the City of Perry to adopt and publish the preliminary resolution provided for in Section four of this
Act, in cases requiring such resolution and its publication, and to give the notice of the hearing of the return of
the appraisers as herein provided for, unless such suit

184

PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.
Perry Street Improvements.

shall be commenced within sixty (60) days after the passage of the ordinance making such final assessment; provided that in the event any special assessment shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the said Mayor and Aldermen may at any time in the manner provided for the levying an original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.

Repaving, etc.

Sec. 14. Be it further enacted by the authority aforesaid, that in all cases where said Mayor and Aldermen shall deem it necessary to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, or other public place, which had been paved or improved prior to the passage of this law, or which shall have been heretofore paved, macadamized, or drained under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act, and in such cases all provisions of this Act providing for making such improvements and levying assessments therefor and the issuance of bonds shall apply; provided, that in the judgment of said Mayor and Aldermen of the City of Perry the pavement is worn out and no longer serviceable.

Assessments to city, county and state.

Sec. 15. Be it further enacted by the authority aforesaid, that whenever the abutting landowners of any street, alley, avenue, or lane of said City petition the said Mayor and Aldermen as herein set out, or said Mayor and Aldermen pass the resolution provided for in Section four of this Act, for the pavement of any such street, avenue, alley, or lane or other public place, where the State or any of the political subdivisions is the owner of the property on said street, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purpose of assessment; and where the State is owner of the property, the Governor is authorized to sign any petition provided for in this Act for and in

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS. 185
Quitman Street Improvements.
behalf of the State; and where the County is the owner, the Chairman of the Board of County Commissioners of Houston County is authorized to sign in behalf of the County; and where the City of Perry is the owner, the Mayor of Perry is authorized to sign in behalf of the City.
Sec. 16. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved March 27, 1926.
QUITMAN STREET IMPROVEMENTS.
N 0. 13, FIRST SESSION.
An Act to authorize and empower the Board of Commissioners for the City of Quitman to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the said city and to improve the same by paving, macadamizing, and draining the same; to require street and steam railroads in said streets and other public places to improve and pave the same between their tracks and two feet on either side thereof; to provide for the procedure of such grading, improving, and paving, and for making and collecting of assessments for the same, and for establishing a lien therefor; to provide for the payment of such grading, improving, and paving entirely by the abutting and adjacent property owners on the basis of ten per cent. yearly for ten (10) years; to provide for the issuance of bonds by the said Board of Commissioners, to be known as "Street Improvement Bonds," and for the payment of same; to provide for the renewal of any such paving and other paving previously laid, and for other purposes.

186 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Quitman Street Improvements.

Powers conferred.

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 the Board of Commissioners of the City of Quitman is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the City of Quitman, and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations prescribed in this Act.

Railroads. Lien.

Sec. 2. Be it further enacted by the authority aforesaid, that any street or steam railroad now having or which may hereafter have tracks running through or across the streets, avenues, alleys or lanes of said city, or other public places, shall be required by said Board of Commissioners to pave, macadamize, and drain the width of its track and two feet on each side of every line of track now constructed or that may hereafter be constructed by such railroad company. And if such railroad company shall fail or refuse to comply with the order of the said Board of Commissioners to make such improvements by paving, macadamizing, and draining the same after receiving thirty days' notice to do said work, such work may be done by said Board of Commissioners at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and the Board of Commissioners for the City of Quitman shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company, which may be enforced against such property as hereinafter provided for enforcement of other liens for paving.

Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said Board of Commissioners shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley,

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.
Quitman Street Improvements.

18 7

lane, or any part thereof, within the limits of the City

of Quitman, said Board of Commissioners shall by resolu- Resolution.

tion declare such work or improvement necessary to be

done, and such resolution shall be published in two (2) Publication. consecutive issues of a newspaper published and having

a general circulation in the City of Quitman; and if a ma-

jority of the owners of the land liable to assessment to

pay for such improvements of any such highway shall

not, within thirty (30) days after the last publication of

such resolution, file with the Clerk of said city their

protest in writing against such improvement, then said Protest.

Board of Commissioners shall have power to cause said

improvement to be made and to contract therefor, and

to levy assessments or liens provided for. Any number

of streets, avenues, alleys, lanes, or other public places

or parts thereof to be so improved may be included in

one resolution, but any protest or objection shall be made

as to each street or other highway separately; provided,

however, that if a majority of the owners of the land

liable to assessment for any such improvement shall

petition the Board of Commissioners for such improve-

ment of any street or part of street,

alley,

lane,

or avenue

Petition of owners.

or other public place, describing in such petition the

character of the improvement desired and the width of

the same, it shall thereupon be the duty of said Board

of Commissioners to promptly cause the said improve-

ment to be made in accordance with the prayer of said

petition, the said Board of Commissioners having, how-

ever, the right to determine the material with which

such improvements shall be made and the manner of

making the same, and in such cases the resolution here-

inbefore mentioned shall not be required.

Sec. 4. Be it further enacted by the authority afore-

said, that the lots, pieces, or parcels of land fronting and A

t

ssessmen

abutting upon both sides of said improvements shall be pro rata.

charged with the cost thereof according to the just pro

rata of the entire cost of said improvement for the said

frontage on the basis of lineal foot frontage; provided,

188 PART !I.-TITLE Il.-MUNICIPAL CORPORATIONS.
Quitman Street Improvements.

that the frontage of intersecting streets, avenues, lanes, or alleys shall be assessed as real estate abutting upon the street, alley, lane, or avenue paved or otherwise improved, and the said Board of Commissioners shall be for all the intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, or avenue, shall possess the same rights and provileges as all other owners of real estate abutting on any such street, lane, alley, or avenue, and shall pay from the City Treasury the just pro rata of the entire cost of said work or improvement for the said frontage.

Ordlnanees.
Costs and
IIXPI!IIIIe&,

Sec. 5. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section three of this Act is presented, or when the Board of Commissioners shall have determined to pave or improve any street, avenue, lane, alley, or other public place, and shall have passed the resolution provided for in said Section three of this Act, the said Board of Commissioners shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of a.ll property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas, or sewer-pipe connections to connect with any existing water, gas, or sewer-pipes in and underneath the streets, avenues, lanes, and alleys and other public places where such public improvements are to be made, and allcosts
and expense for making such connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvement, in addition to the basis of said lineal foot frontage, if so determined by the appraisers hereinafter provided for.

Sec. 6. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no suffi-
cient protest be filed, or on receipt of a petition for such

PART H.-TITLE H.-MUNICIPAL CORPORATIONS. 189
Quitman Street Improvements.

improvement signed by a majority of the owners of the

land to be assessed, if such petition shall be found to be

in proper form and properly executed, the said Board

of Commissioners shall adopt a resolution reciting that Resolution.

no such protest has been filed, or the filing of such peti-

tion, as the case may be, and expressing the determina-

tion of said Board of Commissioners to proceed with

the said improvement, stating the material to be used,

and the manner of construction, and defining the extent,

character, and ''idth of the improvement, and other

such matters as may be necessary to instruct the City

Manager of said city in the performance of his duties

in preparing for such improvement, the necessary plans,

Plots, profiles, specifications, and estimates.

Said resoluTerms and

tion shall set forth any and all such reasonable terms conditions.

and conditions as said Board of Commissioners shall

deem proper to impose with reference to the letting of

the contract and the provisions thereof; and the said

Board of Commissioners shall by said resolution provide

that the contractor shall execute to the city a good and

sufficient bond in an amount to be stated in such resolucontractor's
tion, conditioned for the full and faithful performance bond.

of the work and the performance of the contract, and

for the protection of the city and all property owners

interested against any loss or damage by reason of the

negligence or improper execution of the work, and may

require a bond in an amount to be stated in such resolu-

tion, for the maintenance of good condition of such

improvements for a period of not less than five (5) years

from the time of its completion, or both, in the discretion

of said Board of Commissioners. Said resolution shall

also direct the City Manager of said city to advertise

f Or

sealed

proposa1S

f or

f u r m.sh"mg

the

maten.alS

d Advertisean ment for

performm g the work necessary m rnak"mg sueh Improve- proposals.

ments. The notice of such proposals shall state the

street, streets, or other public places to be improved,

the kinds of improvements proposed, what, if any, bond

or bonds will be required to be executed by the contractor

aforesaid, and shall state the time when and at the place

190 PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
Quitman Street Improvements.

Publication.
Award of contract.

where such sealed proposals shall be filed, and when and where the same will be considered by said Board of Commissioners. Said notice shall be published in two consecutive issues of a newspaper of general circulation in the City of Quitman. At the time and place specified in such notice the Board of Commissioners shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder, who shall perform the work and furnish materials which may be selected and perform all the conditions imposed by the said Board of Commissioners as prescribed in such resolution and notice for proposals, which contract in no case shall exceed the estimate of cost submitted by the City Manager with the plans and specifications; and the said Board of Commissioners shall have the right to reject any and all bids and readvertise for other bids when any such bids are not in its judgment satisfactory.

Board of appraisers.
Report.

Sec. 7. As soon as the said contract is let and the cost of such improvement, which shall also include all other expenses incurred by the city incident to said improvements in addition to the contract price for the work and materials, is ascertained, the said Board of Commissioners shall by resolution appoint a Board of Appraisers, consisting of the City Manager of said city and the Clerk of the City, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within ten days from the date of the resolution appointing said board, the said Board shall file a written report of the appraisal, assessment, and apportionment of such expense and cost to the several lots and tracts of land abutting on said street, alley, lane, or avenue or other public places so improved, with the Clerk of said city in the manner and on the basis herein provided. When said report shall have been returned and filed, the said Board of Commissioners shall appoint a time for the holding of a session of the said Board or shall designate a regular meeting of said Board for the

PART !I.-TITLE H.-MuNICIPAL CoRPORATIONs.

191

Quitman Street Improvements.

hearing of any complaints of objections that may be made concerning the said appraisement, apportionment, Objections. and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for Notice. the said hearing shall be published by the said Clerk in at least one issue of any newspaper of general circulation in the City of Quitman, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the last publication. The said Board of Commissioners at said session shall have power to review and correct said appraisement, apportionment, Review. and assessment, to hear objections to the same, and to confirm the same either as made by said Board or as corrected by said Board of Commissioners. Assessme:p.ts in conformity to said appraisement and apportionment as confirmed by the Board of Commissioners shall be paid in ten equal installments, and shall bear interest at the rate of not exceeding seven per cent. per Interest. annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said Board of Commissioners shall by ordinance levy assessments, in accordance with said appraisement and apportionment as so confirmed, against the several tracts of land liable therefor; provided, Levy of however, that the rate of interest to be taxed shall not assessments.
exceed one per cent. (1 %) over and above the rate of
interest stipulated in the bonds herein provided for.
Sec. 8. Be it further enacted by the authority aforesaid, that the first installment of said assessment, to- ~~~t.':.~::'t~~t gether with interest to that date upon the whole, shall be due and payable on a date to be fixed by the said Board of Commissioners when the ordinance providing for said paving is passed, and one instalment with the yearly interest upon the amounts re:r,naining unpaid shall be payable on the same date in each succeeding year until all shall have been paid. Said ordinance shall also

191

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.

Quitman Street Improvements.

provide that the owners of the property so assessed

Payments full.

in

shall have the privilege of paying the amounts of their

respective assessments within thirty days from the date

of the passage of said ordinance. The owners of the

property so assessed shall be allowed to make payment

of their respective assessments without interest, within

said period of thirty days, to the Treasurer of the City

of Quitman and relieve their property from the lien of

said assessment, which money so paid to the Treasurer

shall be disbursed pro rata between the contractor and

the city in proportion to the respective interests.

Lien of assessment.

Sec. 9. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon shall be fully paid; but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty.

Bond issue.
Non-liability of_city. Payment of bonds.

Sec. 10. Be it further enacted by the authority aforesaid, that the said Board of Commissioners, after the expiration of thirty days from the passage of said ordinance confirming the levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of Sl!Ch denominations as the Board of Commissioners shall determine, which bond or bonds shall in no event become a liability of the Board of Commissioners for the City of Quitman issuing same. One tenth in amount of any such series of bonds, with the interest upon the whole series to date, shall be payable on a date to be specified therein, which date shall not be less than fifteen days

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS. 193
Quitman Street Improvements.
succeeding the maturity of the first installment of the assessment and interest, as provided in said ordinance of assessment, and one tenth thereof, with the yearly interest upon the whole remaining unpaid, shall be payable upon the same date in each succeeding year until all shall be paid. Such bonds shall bear interest at a rate not ex- Interest rate. ceeding six per cent. per annum from their date until maturity, payable annually, and shall be designated as "Street Improvement Bonds," and shall on the face thereof recite the street or streets, part of street or streets, or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvement under authority of this Act. Said bond shall be signed by the 81. gnat ure and Board of Commissioners and shall be and shall have the seal. impression of the corporate seal of such city thereon, attested by the Clerk, and shall have the interest coupons attached; and all bonds issued by the authority of this Act shall be payable at such place, either within or without the State of Georgia, as shall be designated by said Board of Commissioners. Said bonds shall be sold for
Sale price.
not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said Board of Commissioners, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor in payment DisposaL of the amount due on his contract, and the portion thereof which shall be necessary to pay other expenses incident and incurred in providing for said improvements shall be sold or otherwise disposed of as the Board of Commissoners shall direct. Said bonds shall be registered by Registry. the Clerk in a book to be provided for that purpose, and certificates of registration by said Clerk shall be endorsed upon each of said bonds.
Sec. 11. Be it further enacted by the authority aforesaid, that the assessments provideci for and levied under Payment of the provisions of this Act shall be payable by the person assessments.

194 PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.
Quitman Street Improvements.

owning the said lots or tracts of land as the several in-

stallments become due, together with the interest there-

on, to the Treasury of the City of Quitman, who shall

give proper receipts for such payments. It shall be the ~~~~~i~n~.r duty of the Treasurer to keep an accurate account of all

such collections by him made, and such collections shall

be kept in a special fund to be used and applied for the

payment of such bonds and the interest thereon and

expenses incident thereto, and for no other purpose. It

shall be the duty of said Treasurer or Clerk, not less

than thirty days and not more than forty days before

the maturity of any installment of such assessments, to

Publication of publish in one issue of a newspaper published in the City

notice.

of Quitman and having a general circulation in said city,

a notice advising the owner of the property affected by

such assessment of the date when such installment and

interest will be due, and designating the street or streets

or other public places for the improvement of which

such assessments have been levied, and that unless the

same shall be promptly paid proceedings will be taken

to collect said installment and interest, and, in case of

a default of payment of such installment or assessment Execution. with interest, to issue an execution against the lot or

tract of land assessed for such improvement or against

the party or person owning the same for the amount of

such assessment with interest, and shall turn over the

same to the Marshal or Chief of Police of the City of

Levy and sale. Quitman, Or his deputy, WhO shall levy the Same Upon

the adjoining real estate liable for such assessment and

previously assessed for such improvement, and, after

advertisement and other proceedings as in case of sales

for City Taxes, the same shall be sold at public outcry

to the highest bidder; and such sales shall vest an abso-

Title.

lute title in the purchaser, subject to the lien of the re-

maining unpaid installments with interest and also

subject to the right of redemption as provided in Sections

880, 1169, 1170-71-72, of the Code of Georgia of 1910;

provided that the defendant shall have the right to file AillfefgidalaivtYit'. of an affidavit denying that the who1e or any part of t he

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS.

195

Quitman Street Improvements.

amount for which said execution is issued is due, and

stating what amount he admits to be due, which amount

so admitted to be due shall be paid or collected before

the affidavit is received, and the affidavit received for

the balance. All affidavits (and the foregoing and follow-

ing provisions shall apply to the street or steam rail-

roads against whom execution shall be issued for the

cost and expense of paving) shall set out in detail the

reasons why the affidavit claims the amount is not due,

and, when received by the City Marshal or Chief of

Police,

shall be returned

to

the Superior Court of Brooks

Return trial.

for

County, Georgia, and there be tried and the issue de-

termined as in cases of illegality, subject to all the pains

and penalties provided for in case of illegality for delay

under the Code of Georgia. The failure of the said

Treasurer or Clerk to publish said notice of maturity

of any installment of said assessment and interest shall

in no wise affect the validity of the assessment and inter-

est and the execution issued therefor.

Sec. 12. Be it further enacted by the authority aforesaid, that no suit shall be sustained to set aside any such assessment or to enjoin the said Board of Commissioners from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for their payment as herein authorized or contesting the validity thereof on any ground or for any reason other than for the failure of the Board of Commissioners to adopt and publish the preliminary resolution provided for in Section three of this Act in cases requiring such resolution and its publication, and to give notice of the hearing of the return of the appraisers as herein provided for, unless such suit shall be com- Limitation
of action.
menced within sixty (60) days after the passage of the ordinance making such final assessment; provided that in the event any special assessment shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the said Board of Commissioners may at any time, in the manner provided for the levying and

196

PART II.-TITLE 11.-MuNrcrPAL CoRPORATIONS.
Quitman Street Improvements.

original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.

Repaving, etc.

_ Sec. 13. Be it further enacted by the authority aforesaid, that in all cases where said Board of Commissioners shall deem it necessary to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, or other public place, which has been paved or improved prior to the passage of this law, or which shall have been heretofore paved, macadamized or drained under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act; and in such cases all provisions of this Act providing for making such improvements and levying assessments therefor and the issuance of bonds shall apply; provided, that in the judgment of the said Board of Commissioners for said city the pavement is worn out and no longer serviceable.

Sec. 14. Be it further enacted by the authority afore-

Times of publication

of

said,

that

the

publication

of

all

notices

in

a

newspaper

notices.

called for in this Act shall be the number of days therein

specified, inclusive of Sunday and legal holidays.

Assessments to City, County, and State.

Sec. 15. Be it further enacted by the authority aforesaid, that whenever the abutting landowners of any street, alley, avenue, or land of said city petition the said Board of Commissioners as herein set out, or said Board of Commissioners pass the resolution provided for in Section three of this Act, for the pavement of any such street, avenue, alley, or lane, or other public place, where the State or any of the political subdivisions is the owner of the property on said street, the frontage so owned is to be counted as if owned by an individual and shall be likewise treated for the purposes of assessment: and where the State is the owner of the property, the Governor is authorized to sign any petition provided for in this Act for and in behalf of the State, and where

PART II.-TITLE 11.-MuNICIPAL CoRPORATION&.

191

Savunah Street Closing Authorized.

the County is the owner, the Chairman of the Board of County Commissioners of BrooJu County is authorized to sign in behalf of the county; and where the City of Quitman is the owner, the Chairman of the Board of Commissioners for the City of Quitman is authorized to sign in behalf of the city.
Sec. 16. Be it further enacted by the authority aforesaid, that the provisions of this Act shall in no wise ~~1:.J:tivf: annul and void the present law under the present charter of the City of Quitman in reference to paving within the City of Quitman, but the same shall be in addition to the present laws governing paving within said city.
Sec. 17. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved March 23, 1926.

SAVANNAH STREET CLOSING AUTHORIZED
No. 22, SECOND SEsSioN.
An Act to amend the s~veral Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that the said Mayor and Aldermen may close and convey that portion of President Street in said City, between Bull and Whitaker Streets; 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
if \r authority of the same, that the Mayor and Aldermen of Ah;nctn;:ent
the City of Savannah are hereby authorized and empow- ~r ered to close and abandon, as a street, and highway, that s[::~t.en portion of President Street in said City, between Bull and Whi~aker Streets, lying between the present Post-Office

198 PART Il.-TITLE !I.-MUNICIPAL CORPORATIONS.
Swainsboro Charter Amendments.

J'roviso.

Building and Lot "E," Percival Ward; and upon such terDll as to the Mayor and Aldermen may seer,n reasonable for the purpose of conveying the same to the United States Government in fee simple. Provided, however, .that the United States Government has acquired the title to Lot Letter "E," Percival Ward, above described, and provided further, however, that any action be taken by the authority of this Act shall require an affirmative vote of two thirds of the Mayor and Aldermen.
Sec. 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 8, 1928.

SWAINSBORO CHARTER AMENDMENTS.
No.2, SEcoND SESSION.
An Act to amend an Act entitled An Act to incorporate the City of Swainsboro, in the County of Emanuel, and for other purposes, approved December 6, 1900 (Georgia
Laws of 1900, pages 421 to 438}, in the following par-
ticulars, to wit:
First. By repealing and amending Act entitled An Act to incorporate the Swainsboro School District in Emanuel County, and for other purposes, approved August 5th, 1904 (Georgia Laws of 1904, pages 323 to 328).
Second. By repealing and amending Act creating a System of public Schools in and for the City of Swainsboro, and for other purposes, approved August 23, 1905 (Georgia Laws of 1905, pages 526 to 529), together with an Act amenda:tory of the same, approved August 16, 1912 (Georgia Laws of 1912, pages 1420 to 1423).

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
Swainsboro Charter Amendments.

199

Third. By authorizing the City Council of the City of Swainsboro to sell and convey the city-owned public school properties, whether the same be real, personal, or mixed, to the proper authority of the Swainsboro School District No. 66, of Emanuel County, for such a consideration as it shall deem to be for the best interest of said City, the school properties to be transfered by warranty deed in the name of "The City Council of the City of Swainsboro," by its Mayor, attested by its Clerk, with the corporate seal attached.
Fourth. By authorizing the City Council of the City of Swainsboro to survey, grade, repave, pave, or otherwise improve any of the sidewalks of the City of Swainsboro, whenever in their judgment the same shall be for the best interest of said City; and to assess the cost of all such improvements against abutting property and the owners thereof, in proportion to frontage upon such sidewalks; and to survey, grade, pave, macadamize, or otherwise improve such portions of the streets, lanes, alleys, or ways of said City, as and when, in their judgment, same is to the best interest 9f the citizens thereof; and to assess two thirds of the total cost of the same against abutting property and the owners thereof, in proportion to the frontage thereon, one third, of such expense to be apportioned to property and the owners thereof, on each side of such street, lane, alley, or way thus improved, with the provision that where any of the roads of the County of Emanuel extending into or through the City of Swainsboro shall be paved, the City Council of the City of Swainsboro shall have credit on its one third of the total cost of such paving of the streets, lanes, alleys, or ways of said City, which shall be so paved by the City Council of the City of Swainsboro in the proportion that such road paving shall bear to the whole cost of the paving said streets, alleys, lanes, or ways; and should the cost of such road paving amount to more than one third of the total cost of both the road and city paving, the

200 PART H.-TITLE H.-MUNICIPAL CoRPORATIONS.
SWIIJ:n&IIIII:'O Cha.ri:e:r Amendments.
overplus shall be credited to the assessments against
property, and the owners thereof, in proportion to front.. age, one half of such overplus to be allocated to each
side of such street, alley, lane, or way so improved i and the City Council of the City of Swainsboro shall have the right to enforce all assessments against the abutting property and the owners thereof, for sidewalks and street, alley, lane, or way improvement hereinbefore provided for, by attachment, execution, or in any other manner authorized by law, after such assessments shall have been published in one issue of the newspapers in which Sheriff's and Ordinary's notices are published, and after notice shall have been served upon owners of such abutting property, of the date, due date, amount, and purpose of such assessment, for as much as thirty
days before same are payable, such notices to be in
writing, in the name of the City Council of the City of Swainsboro, and signed by the Clerk of Council, and served by the City Marshal upon lot owners in person, or by leaving at their last known place of abode, if within said City, or in person upon any one in actual possession of such abutting property; and in cases where property abutting on streets, alleys, lanes, or ways, so improved, is owned by non-residents, or persons whose whereabouts are not known to be within the limits of of said City, and there is no one in actual pasession of same, notice shall be perfected by posting the aforesaid notice upon such abutting property thirty days before such assessments are due and payable; and all such assessments shall carry the same lien and priorities, from their date, as taxes due said City.
Fifth. By authorizing the City Council of the City of Swainsboro to co-operate with the proper authorities of the County of Emanuel, and of the State Highway Department of the State of Georgia, by contract or otherwise in their discretion, as touching the paving, macadamizing, or otherwise improving sidewalks,
streets, lanes, alleys, or ways of said City, adjacent to

PART H.-TITLE H.-MuNICIPAL CoRPORATIONS. 201
Swainsboro Charter Amendments.

county-owned property within the limits of said City; and as touching streets, alleys, lanes, or ways of said City, any portion or the whole of which may be paved, or otherwise improved, by the said authorities of the County of Emanuel, or of said State Highway Department of Georgia; and for other purposes.

Sec. 1. Be it enacted by the General Assembly of the

State of Georgia, and it is hereby enacted by the authority

Act of 1904 repealed.

of the same, that from and after the passage of this Act,

an Act entitled an Act to "Incorporate the Swainsboro

School District" in Emanuel County, and for other pur-

poses, approved August 15, 1904 (Georgia Laws of 1904,

pages 427 to 438) be and the same is hereby repealed.

Sec. 2. Be it further enacted by the authority afore-

said, that an Act entitled an Act "creating a System of

Public

Schools

in

and

for

the

City

of

Swainsboro,"

and

Act of 1905 repealed.

for other purposes, approved August 23, 1905 (Georgia

Laws of 1905. pages 526 to 529), together with an Act

amendatory of the same, approved August 16, 1912,

(Georgia Laws of 1912, pages 1420 to 1423), be and the

same are hereby repealed.

Sec. 3. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the City Council of the City of Swainsboro be and the same is hereby given authorit~ to ~ell an~ convey the presen~ city-owned ~elih.o:~~~~ to school properties, mcluding and contemplatmg all such properties. properties so held for such purposes by said City, corporeal or incorporeal, real, personal or mixed, together with all rights of approach to and form the same, and all easements of whatsoever sort incident to, or connected herewith, to the proper authority, for the use of the Swainsboro (No. 66) School District of Emanuel County, for such consideration as it shall deem to be for the best interest of said City, the said school properties to be transferred by good and sufficient title, conveying the whole interest of the City therein, in the name of the City Council

202 PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
Swainsboro Charter Amendments.

of the City of Swainsboro, by its Mayor, attested by its Clerk, with the corporate seal attached.

Sec. 4. Be it further enacted by the authority afore-

Street-improvement as-

said,

that

from

and

after

the

passage

of

this

Act

the

sessments. City Council of the City of Swainsboro be given and it

Fowers con- is hereby given authority to survey, grade, pave, repave,

ferred.

or te otherwise improve any of the sidewalks of the City of

Swainsboro, whenever in their discretion the same shall

be for the best interest of said City; and the City Council

of the City of Swainsboro is hereby authorized to assess

the cost of such sidewalk improvement against the prop-

erty abutting thereon and the owners thereof, in propor-

tion to the property frontage upon such improved sidewalk;

and the said City Council of the City of Swainsboro is here-

by given the further authority to survey, grade, drain, curb,

pave, macadamize, or otherwise improve such portions of

the streets, lanes, alleys, or other public ways of said City,

as and when, in their discretion, the same shall be for

the best interest of the citizens of said City; and the City

Council of the City of Swainsboro is hereby given author-

ity to assess two thirds of the total costs of the same

against abutting property, and the owners thereof, in

proportion to frontage thereon one third of such total

expense to be allocated to the property, and the owners

thereof, on each side of such street, lane, alley, or public

way so improved, and the cost of all curbing shall be

construed to be a part of such street-paving cost; with

the provision that no part of the cost of paving, macad-

amizing, or otherwise improving the intersection of public

streets, where the same completely cross one another,

shall be assessed directly against abutting or vicinity

property owners, or such property, but such cost shall be

charged against the City, with the right to have credit

on the total cost of such intersection improvements to

the full extent of any highway or road paving done at

such centers; provided further, that where any of the

public roads of the County of Emanuel, extending into

or through the City of Swainsboro, shall be paved by

PART !I.-TITLE H.-MUNICIPAL CORPORATIONS.

203

Swainsboro Charter Amendments.

said County, or by the State Highway Department of Georgia, either with or without Federal aid, the City Council of the City of Swainsboro shall have the right to credit one of its one third of the total cost of paving, and otherwis.e improving streets, lanes, alleys, or public ways within said City, which shall be so paved or otherwise improved by the City Council of the City of Swainsboro, in the proportion that such road paving done within those portions of such streets, lanes, alleys, or public ways shall bear to the whole cost of improvements made in contemplation of this Act, including road paving, excepting street-crossing intersections; and should the costs of such road paving, within the city-paved portions of such streets, alleys, lanes, or public ways, amount to more than one third of the total cost of both road and city paving and improving within the city-paved portions of the same, the overplus shall be credited to the assessments against property, and the owners thereof, in proportion to frontage abutting on such improved streets, lanes, alleys, or public ways, one half of such overplus to be allocated to each side of such street, alley, lane, or public way so improved, but no street-abutting property, or the owners thereof, shall have any credit for any portion of the total cost of road paving done at the intersection of crossing streets, lanes, alleys, or public ways; and the City Council of the City of Swainsboro shall have the right to enforce all assessments made in pursuance of and under the terms and conditions of this Act, against abutting property, and the owners thereof, for sidewalk and street, alley, lane, or public way improvement, hereinbefore provided for, by attachment, execution, or any other manner authorized by law, including levy and sale, and the right of the City authorities to purchase at its own sale, as under tax sales, after such assessment shall have been published in one issue of the newspaper in which the Sheriff's and Ordinary's notices are published, and after written notice shall have been served upon owners of such abutting property, of the date, amount, purpose, and maturity of such assessments, for as much

204

PART !I.-TITLE 11.-MUNICIPAL CORPORATIONS.
Swainsboro Charter Amendments.

as thirty days before same are payable, such notices to be in the name of the City Council of the City of Swainsboro, signed by its Clerk, served by the City Marshal, or some one else if designated by the said the City Council of the City of Swainsboro so to do, which notice shall be served upon lot owners of such abutting property, in person or by leaving same at their most notorious place of abode, if within said City of Swainsboro; and in case where property abutting on streets, alleys, lanes, or public ways so improved is owned by non-residents of either the City of Swainsboro or the State of Georgia, or persons whose whereabouts is unknown, or whose domicile or place of residence is not known to be within the City of Swainsboro, but some person is found to be in actual possession of such abutting property, then notice may be perfected by serving same upon the one in such actual possession, by handing same to him in person; in all other circumstances, such notice shall be perfected by posting same upon such abutting property for at least thirty days before assessments shall be payable; and all such assessments shall have and carry the same lien and prioroties as taxes payable to said City, to date from the date of the ordinance providing for and making such assessments. In making any of the improvements authorized in this Act, the City Council of the City of Swainsboro is authorized to have same done by contract, or in any other manner it shall deem to be for the best interest of said City; and in making assessments as provided for in this Act, it shall not be precluded from making a subsequent assessment, if the first assessment so made is based upon an estimate that is found to be too low to do the work; but is expressly authorized to make such subsequent assessment, if same is found to be necesary; and in making any assessment provided for herein, if same should be for a larger amount than is found to be necessary to do the improvement undertaken, the amount collected on such assessment shall be only so much as is needed for the improvement; and if more should be collected than needed, same shall be returned to those from who it

PART II.-TITLE !I.-MuNICIPAL CoRPORATIONs. 205
Swainsboro Charter Amendments.
was collected, ratably, and in proportion to frontage of property assessed, abutting on wah improved streets, sidewalks, alleys, lanes, or public ways. Provided further that assessments levied said abutting property and the owners thereof, in accordance with the apportionments herein provided for, shall be paid in not more than ten equal annual installments, and shall bear interest at a rate not to exceed eight per cent. per annum until paid.
Sec. 5. Be it further enacted by the authority afore-
==ent. said, that from and after the passage of this Act, the City ;.'tt~Tt:t"
Council of the City of Swainsboro be and the same is hereby authorized to co-operate with the proper authorities of the County of Emanuel, and of the State ffighway Department of the State of Georgia, by contract or otherwise in their discretion, as touching the paving, macadamizing, or othe.rwise improving sidewalks, streets, lanes, alleys, or q.ther public ways of said City adjacent; and as touching streets, alleys, lanes, or public ways within said City, any portion or the whole of which may be paved, or otherwise improved, by the said authority of the County of Emanuel, or of the said State Highway Department of Georgia; provided, that nothing in
this paragraph shall in any way abridge or limit the City ft:i::d. uot
Council of the City of Swainsboro in making and enforcing the assessments hereinbefore provided for, against public-owned property, where same abuts on sidewalks, streets, lanes, alleys, or ways of said City so paved, or otherwise improved.
Sec. 6. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved March 27, 1926.

206

PART !I.-TITLE !I.-MUNICIPAL CoRPORATIONS.
Union City Street Improvements.

UNION CITY STREET IMPROVEMENTS.

No. 4, FmsT SEssioN.

An Act to amend an Act approved August 17, 1908, entitled "An Act to incorporate Union City in the County of Campbell, State of Georgia," as amended on August 7, 1925, so as to authorize and empower the Mayor and Council of said City of Union City to pave or hard-surface the streets and sidewalks of Union City, and to issue bonds for that purpose, and to assess, with consent of a majority of the property owners affected, one half of the cost thereof, and to issue executions against said property owners for their assessments, and to enforce the collection thereof, and for other purposes.

Section 1. Be it enacted by the General Assembly

of the State of Georgia, and it is hereby enacted by the

authority of the same, that, from and after the passage

of this Act, the Act of the General Assembly approved

Act of 1908 amended.

August 17, 1908, entitled "An Act to incorporate Union

City in the County of Campbell, State of Georgia," as

amended on August 7, 1925, be and the same is hereby

amended by adding after Section 23 in said act a new

section to be numbered 23-A, to read as follows: Sec-

New see. 23A. tion 23-A. Be it further enacted, that the City Council

shall have full power and authority by and through

ordinance to require and provide for the paving of streets,

Powers as to sidewalks, lanes, and alleys of said city, and to prescribe

paving and assessments.

the material to be used and the character of such pave-

ment, and prescribe the method of payment thereof;

and to this end said City of Union City is authorized

and empowered to apportion the cost of said paving in

such manner as may seem equitable and just and in such

amount as may seem equitable and just to the Mayor

and Council, between said City and the abutting pro-

perty owners on each side of said streets, sidewalks,

lanes, or alleys or said City, provided that in no instance

PART 11.-TITLE 11.-MUNICIPAL COB.PORATIONI. 207
Vidalia Sllhool 'l'a&
shall the amount apportioned against the abutting property owner be more than one-haJf of the total cost of . such paving; and provided further that such owners shall not be apportioned as herein provided, on any street, sidewalk, lane, or alley, unless the majority of the owners of the property abutting said street, sidewalk, lane, or alley shall first consent to said paving in writing. Such apportionment or amount of such pavement or paving herein provided for as may be assessed against the abutting property owners may be collected by the issuance of executions in the same manner as taxes are collected; and said executions may be levied on any of the property of said abutting property owners after serving notice to said property owner as the Mayor and Council may prescribe. The Mayor and Council shall have the right to issue bonds in accordance with the Constitution and general laws of force in this State, for the purpoae of paying the City'a pro rata part of such pavement of paving.
Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the sam~ are hereby repealed.
Approved March 15, 1926.
VIDALIA SCHOOL TAX.
No. 26, SEcOND SEssiON.
An Act to amend an Act entitled An Act to provide for a system of Public Schools for the City of Vidalia, in Toombs County; to provide for a special tax for the support and maintenance of the same; to provide suitable buildings therefor; to establish a Board of Education to conduct the same, and for other purposes, approved August 20th., 1906, as amended by Acts approved August 8th, 1908, August 16th, 1920,

208 PART !I.-TITLE H.-MUNICIPAL CoRPORATIONS.
Wadley Street Improvements.

and August 17th, 1925, by striking out the entire section 2 of the Amendatory Act approved August 17th, 1925, and for other purposes.

Act of 1926 amended.
Sec. 2 stricken.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, that the Amendatory Act approved August 17th, 1925, be, and the same is hereby amended by striking out the entire Section 2 of said Amendatory Act, approved August 17th, 1925.

Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 10, 1926.

WADLEY STREET IMPROVEMENTS.
No. 14, SEcoND SEssioN.
An Act to amend the Charter of the City of Wadley, Jefferson County, Georgia, as approved August 14th, 1909, and the subsequent amendments thereto, so as to authorize and empower said City of Wadley, Georgia, through its governing authorities, to pave, macadamize, curb, and otherwise improve any or all of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares or other public places or highways, or any portions thereof, within the corporate limits of said city and to assess the costs of making such improvements in whole or in part against the abutting property owners, and of its owners benefited thereof; to provide for the apportionment and collection by legal process of such assessments, and to create a lien on such therefor; to provide for the issuing of bonds to be kQ.own as S 11 treet

PART H.-TITLE H.-MUNICIPAL CORPORATIONS.
Wadley Street Improvements.

209

Improvement Bonds" to be negotiated by the city, or otherwise used in making provisions for the payment of the cost of such improvements; to provide for a special fund for the retiring of such bonds, and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation, to be used in defraying the City of Wadley's share of the expense of said improvements; to authorize said improvements to be made and said paving and macadamizing to be done by said City of Wadley as herein provided, or in connection with any department of this State; to provide for the condemnation of private property for the public use, and the manner of acquiring same by the City, 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 the Act of the General As-

sembly of the State of Georgia, approved August 14th, 1909, consolidating and amending the several Acts ~::,~nfeJ.9 9

incorporating the City of Wadley, Jefferson County,

Georgia, and the Acts amendatory thereof, be and the

same is hereby amended by adding thereto the following

provisions, to wit: The aforesaid City of Wadley,

Jefferson County, Georgia, through its legally constituted

authorities, is hereby authorized and empowered to

pave,

macadam1.ze,

curb,

and

otherw1.se

I. mprove

any

Powers conrerred.

or all of the sidewalks, footways, crosswalks, drains, gutters, roads, 1 anes, alleys, street s, publ1' C squares or fAosrsepsasvminegn,ts

other public places or highways, or any portion thereof, etc.

within the corporate limits of said city, and to assess

the cost of such improvements in whole or in part, against

the abutting property owners, and of the owners thereof

benefited, and by suitable ordinance of the aforesaid

authorities to provide for the apportionment and col-

lection by legal process of such assessments, and to

create a lien on such property therefor, and to provide

for the issuance of bonds to be known as street improve-

ments bonds, which may be negotiated, sold, or other-

210 PART II.-TITLE II.-MUNICIPAL CORPORATIONS.
Wadley Street Improvements.

wise hypothecated by said city, or used otherwise in making provisions for the payment of the cost of such improvements, and to authorize the levy and collection of a tax on all the property in said city subject to municipal taxation, to be used in defraying the city's share of the expense of such improvement in conformity with the provisions of this Act.

Board of appraisers.
Report.

Sec. 2. Be it enacted by the authority aforesaid, that whenever any of the sidewalks, footways, drains, gutters, streets, roads, lanes, alleys, public squares, highways, or other public places or any portion thereof, within the limits of said city, shall have been authorized under the laws and ordinances thereof, to be paved, macadamized, curbed, or otherwise improved, and the contract therefor has been let, and the cost of such improvements has been ascertained, which cost shall include all of the expenses incurred by the city incident to such improvements, including the cost of intersections on any street or streets to be paved, the Mayor and Council of said City shall by written resolution appoint a Board of Appraisers, consisting of five persons who shall be freeholders of said City of Wadley, and shall possess the same qualifications as are required by the charter and ordinances of said City of Wadley for the office of Mayor; and when said Board are appointed, they shall do and perform all the duties provided for in this Act. In the event any member of said Board of Appraisers is disqualified by reason of interest, relationship, or other cause, the Mayor and Council of said City is authorized to appoint in the place of said disqualified member another person as a member of the aforesaid Board. The said Board of Appraisers, within ten days from the date of the resolution appointing said Board, shall file a written report of the appraisal and assessment and apportionment of such expense and cost to the several lots and tracts of land abutting on said street, alley, lane, avenue, or other public place so improved, with the Clerk of Council of said city, in the manner and on the basis herein provided.

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS. 211
Wadley Street Improvements.
When such report shall have been returned and filed, the Mayor and Council shall appoint a time for the holding of a session of Council, or shall designate a regular meeting of Council for the hearing of any complaints or objections that may be made concerning said appraise- Objections. ment, apportionment, and assessment as to any such tracts or lots of land abutting on said improvement; and notice of the said session for the said hearing shall Publication of be published by the said Clerk of Council once a week notice. for two consecutive weeks, in a newHpaper of general circulation in the City of Wadley, and said notice shall provide for an inspection of such report by any propertyowner or other party interested in such report. The time fixed for said hearing shall not be less than seven Time for days nor more than fifteen days from the last publica- hearing. tion. The said Mayor and Council at said session, shall have the power to review and correct said appraisement, apportionment, and assessment, and to hear objections to the same, and to confirm the same, either as made Review. by the said Board, or as corrected by said Mayor and Council.
Sec. 3. Be it enacted by the authority aforesaid, that the said Mayor and Council shall by written resolu- Resolution. tion levy an assessment against the lots Or parcels of Levy of asland abutting on said improvement, in accordance with sessment. said appraisement, apportionment, and assessment, as confirmed by the said Mayor and Council, and such assessments shall be due and payable fifteen days after Payments. the date of the ordinance levying said assessments without interest; but each and every owner of property against which such an assessment has been levied shall have the privilege of electing to pay the same in ten equal annual installments, one of said installments being payable Installments. on the first day of December next succeeding the date of the levy of such assessment, or at such other date or dates as the Mayor and Council may in their discretion fix, and one annual installment, together with annual or semi-annual interest as fixed by said Mayor and Coun- Interest.

212 PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS.
Wadley Street Improvements.

Notes. Liens. Estoppel.

cil upon the amount remaining unpaid, shall become due and payable on the first day of December each succeeding year, by giving to the City of Wadley his promissory notes in a form approved by said Mayor and Council for such deferred payments, with proper interest coupons attached thereto, for interest from the date of the ordinance levying said assessments, and payable annually or semi-annually and on such dates as are fixed in said ordinance, which said notes shall not be in satisfaction and extinguishment of said assessments and the lien thereof, but shall be secured by said assessments and the lien thereof on the property against which they have been levied, and said assessments and liens shall be enforced for the pa.yment thereof. Any property-owner by electing to pay said assessment in ten equal annual installments, by giving promissory notes for said installments, shall be conclusively and forever held to have agreed,admitted, and declared that the said assessment is in every respect a valid lien against his property in accordance with the terms of the ordinance levying said assessments, and shall be forever estopped from contesting the same on any ground whatsoever.

Special lien.

Sec. 4. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the interest thereon, shall be a special lien against the lots, parcels, or tracts of land so assessed from the date of the resolution levying the assessment, to be equal with the lien for other taxes, and prior and superior to all other liens against such lots, parcels or tracts of land, and such liens shall continue until such assessments and the interest thereon is fully paid.

Bond issue.

Sec. 5. Be it enacted by the authority aforesaid, that any time after the date of the passage of the orordinance or resolution apportioning and levying the aforesaid assessment, the Mayor and Council of the City of Wadley may by written ordinance or resolution provide for the issuance of bonds in the aggregate amount

PART II.-TITLE II.-MUNICIPAL CORPORATIONS.
Wadley Street Improvements.

213

remaining unpaid, which shall bear date as may be fixed

and determined in said ordinance or resolution. Said

bonds to be of such denomination as said Mayor and

Council may determine, which bonds shall in no event

become

a

debt

or

liability

of

said

City

of

Wadley

by

Non-liability of city.

reason of its issuing the same for the purposes herein

specified; one tenth of the amount of such series shall

become

due

and

payable

on

the

first

day

of

January

Payment of bonds.

next succeeding date of the issuance thereof, and one

tenth of the amount of such issue of bonds together with

the interest, annual or semi-annual, upon the whole

amount thereof remaining unpaid shall be payable on

the first day of January in each succeeding year until

all of said installments shall have been paid; said bonds

shall bear interest at not exceeding eight per cent. per Interest rate.

annum from their date until maturity, which interest

may be required to be paid annually or semi-annually,

as said Mayor and Council may determine, and shall be

designated "Street Improvement Bonds," and shall on

their face recite the .street or streets or other public

places for the improvement of which they have been

issued, and that they are payable exclusively from as-

sessments which have been levied upon lots, parcels,

and tracts of land benefited by such improvements under

the authority of this Act; said bonds shall be signed by Signature and seal.
the Mayor of the City of Wadley and attested by the

Clerk thereof, and shall have thereon the impression

of the incorporate seal of said city, and shall have at-

tached thereto interest coupons, and all bonds issued

by virtue of this Act shall be payable at such place,

either within or without the State of Georgia, as may be

designated by said Mayor and Council; the proceeds of

said bonds shall be applied to the payment of the con-

tract price and other legal expenses incurred in making

such improvements, or such bonds may be, in whole

or in part, negotiated and delivered to the contracting Disposal.

person, persons, firm, firms, corporation or corporations,

making and having made such improvements, at such

price as may be agreed upon in payment of any amount

214 PART H.-TITLE H.-MuNICIPAL CoRPORATIONS.
Wadley Street Improvements.

Registry.

or amounts due such contract or contracts, and any portions of the bonds not so negotiated may be sold or otherwise disposed of by the aforesaid authorities of the City of Wadley and the proceeds applied to any expense incident to and incurred by the city in providing for such improvements; said bonds shall be registered by the Clerk of the City of Wadley as other bonds are authorized to be registered under the laws of this State, and a certificate of such registration shall be endorsed upon each of said bonds.

Payment of assessments.
Account of collections.

Sec. 6. Be it enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the person owning said lots, parcels, or tracts of land on the first day of December of each year, together with interest thereon, to the Clerk of said City of Wadley, who shall issue proper receipts therefor. The aforesaid officer of the City of Wadley shall keep an accurate account of all such collections made by him, which shall be kept as a separate fund to be used and applied to the payment of such bonds and the interest thereon and for no other purpose, and the Mayor and Council of said City of Wadley is authorized and empowered by proper ordinance to fix the date or dates for the payment of all assessments and interest thereon as in their discretion they deem advisable, when not inconsistent with any of the other provisions of this Act relating thereto.

Sec. 7. Be it enacted by the authority aforesaid, that upon failure of any property owner to pay any assessment herein levied, the City of Wadley is authorized Execution. to issue its execution against such property owner and such property for such sums as may be due with interest, for such paving and improvements as are made by virtue of this Act, and to enforce the payment thereof by levy and sale, which execution shall be issued and sales thereLevy and sale. under conducted as in case of the issuance of executions and sales for other city taxes, and such sale shall vest in

PART 11.-TITLE 11.-MUNICIPAL CORPORATIONS. 215
Wadley Street Improvements.

the purchaser absolute title to the property sold, subject Title.

to the lien of the remaining unpaid installments with

interest; and as against any assessment for the improve-

ments herein provided for, and the enforcement of the

same by execution and levy, any abutting property

owner shall have the right to file an affidavit of illegality, Affidavit of returnable to the Superior Court of Jefferson County, illegality.

and to contest the legality of such assessment, which

affidavit of illegality shall set forth in detail the reasons

why the affiant claims the execution is proceeding illegal-

ly, and if any part of said execution is admitted to be

due, the affiant shall pay the same to the levying officer

before such levying officer shall be required to receive

and

return

said

affidavit

of

illegality

to

the

Superior

Return for trial.

Court of Jefferson County, when said affidavit is filed

the same shall be tried and determined as in other cases

of illegality, subject to all penalties provided by law in

cases where such proceedings are filed for delay only,

and said affiant shall be required to give bond with good

and sufficient security for the payment of costs in the

event

said

illegality

is

not

sustained,

or

in

lieu

thereof

Pauper affidavit.

may file an affidavit in forma pauperis as provided in

claim cases.

Sec. 8. Be it further enacted by the authority aforesaid, that said Mayor and Council in its discretion may ~~=~ssment of assess the whole or any part of the expense of constructing sidewalks, footwalks, curbing, drains, and gutters along the sides of all public thoroughfares in said city, together with the whole or any part of the cost of all materials used in making such street improvements against the property abutting on such thoroughfares, streets, or highways receiving such benefits, which shall be against the property and the owners thereof according to its frontage as is provided in this Act, and the cost of making such other street improvements as are authorized under this Act shall be appropriated and assessed as follows: Not exceeding two thirds (2-3) of the cost and expenses of improvements made in pursuance of

216 PART 11.-TITLE !I.-MUNICIPAL CORPORATIONS.
Wadley Street Improvements.

this Act shall be assessed against the abutting property

and its owners on the two sides of the street or other public thoroughfares paved, macadamized, or otherwise improved according to its front footing and in con-

Tax ad valorem.

nection with the other provisions of this Act prescribing the manner in which said apportionment and assessments are to be made, and the balance or residue of such expenses and cost shall be chargable to and borne by the City of Wadley, Georgia, which may be paid by the levy and collection of an ad valorem tax or by the issuance of bonds other than the street improvement bonds authorized by this Act to be issued, or by any funds which may be allotted to Jefferson County, for the use and benefit of the public streets in the City of Wadley, by the State or Federal Government, or by

the State and Federal Government or either State or Federal public road funds, or both, and that either of the funds herein provided for may be supplemented by

the levy of an ad valorem tax, by the issuance of bonds, or by State or Federal road funds allotted to the City

of Wadley under the laws of this State. The Mayor

Assessments, how fixed.

and Council of the City of Wadley, Georgia, are hereby

authorized to fix the assessments to be paid by the abut-

ting land owners on any street, or on any block in said

City which is to be paved, at any fractional part of the

cost of said improvement not to exceed the said two

thirds thereof, and for that purpose they are to take

into consideration the location of the property, the im-

provements thereon and the value thereof, and the near_

ness or remoteness of such street or block from the busi-

ness or residential section of said City, the presence or

absence of parks or boulevards, the width of the street

or any factor in the discretion of the Mayor and Council,

and may use in their discretion any basis for fixing the

proportion to be paid by the abutting land owners, but

in no event shall such apportionment exceed said two

thirds as hereinabove provided for.

PART 11.-TITLE II.-MuNICIPAL CoRPORATIONS.

217

Wadley Street Improvements.

Sec. 9. Be it further enacted by the authority afore-said that when the right of way of any railroad company Railroads. crosses any street, highway, or other thoroughfare within the corporate limits of said city, such company shall be deemed for the purpose of this Act as the owner of property on both sides of the street, highway, or thoroughfare to the extent of the entire width of the right of way, irrespective of the use to which the same may be put or the portion thereof actually occupied by its tracks. Any and all property owned by Jefferson County lying within the corporate limits of said City and abutting any street or highway thereof shall be assessable for any and all public improvements authorized by this Act, in the same manner and to the same extent as such property would be if owned by any private individual, without regard to the use made by the county of such property, and such assessments made against such property shall be collected from the county by an action at common law against said county, or by such other legal method as is allowed by law for the collection of demands against said county.

Sec. 10. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Wadley Ordinance and is authorized and empowered to enact such ordinance resolutions.
and ordinances and adopt such resolution or resolutions as may be necessary to carry out the powers herein conferred, as well as to make all necessary provisions for the apportionment, assessment, and collection of all costs and expenses herein provided for against the abutting property and the owners thereof for such street improvements as may be made under this Act, and is authorized and empowered to fix and determine the date o:c dates for the payment of such assessments and the interest thereon either in annual or semi-annual payments.

Sec. 11. Be it enacted by the authority aforesaid,

that

the

City

of

Wadley

is

authorized

and

empowered

Co-operation with County

to make all the improvements provided for in this Act, or State.

218 PART 11.-TITLE 11.-MuNICIPAL CoRPORATIONS.
Wadley Street Improvements.

independent of or in connection with the authorities of Jefferson County having control of the fiscal affairs, the roads and highways thereof, and with the State Highway Department, as is now provided by the Acts of the General Assembly of Georgia, approved August 14, 1909, upon such terms as may be fixed by said State Highway Department, not inconsistent with this Act, and make all contracts necessary in connection therewith.

Sec. 12. Be it further enacted by the authority afore-

said, that the Mayor and Council of the City of Wadley

Control of streets.

shall have full and complete control of the streets, alleys,

sidewalks, and squares of said city, and shall have power

and authority to open, lay out, widen, straighten, or

otherwise change all streets, sidewalks, alleys, and squares

in said City of Wadley. Whenever the said Mayor and

Appraisement City Council of the City of Wadley shall exercise the

of property

taken or power herein delegated, and shall fail to agree with the

amount of damage.

owner or owners of the property taken or damaged, as to the

amount of damage, the said Mayor and City Council of

Wadley shall choose one appraiser and the owners of the

land to be taken or damaged shall choose another appraiser

and the two thus chosen, if they fail to agree, shall select

a third appraiser, and the three appraisers thus chosen,

after being sworn to do justice between the parties, shall

fix the damage to the owner of the property caused by

the opening or changing of such street, alley, or square:

and if the property owner after five days' notice shaH

fail to name an appraiser, the Clerk shall appoint one

for him; and in every case where the two appraisers chosen

shall, for the space of five days fail to agree upon the

third appraiser, the said Clerk shall appoint such ap-

praiser; Provided, the said appraisers, shall be citizens

of said city. The award of the appraisers shall be in

Award.

writing, and shall be filed within five days in the Clerk's

office of the Superior Court of Jefferson County, and

shall thereupon operate as a judgment and execution

may issue thereon. Either party may, within ten days

PART II.-TITLE II.-MUNICIPAL CORPORATIONS. 219
Wadley Street Improvements.
from the filing of the award, enter an appeal to the Superior Court of Jefferson County. All costs, including Appeal. the fees of the appraisers, shall be paid by the City; and at any stage of the proceedings to condemn, before or after the final award, the Mayor and Council of the City of Wadley, may, by paying to the property-owner all expenses actually incurred by him, withdraw the proceedings and decline to take the property, or to make the change in such street, alley, sidewalk, or square.
Sec. 13. Be it further enacted by the authority afore- county liable said, that when any property of Jefferson County abuts ~e~~~ess upon any sidewalk in said City, the City of Wadley shall have power and authority to pave, curb, remove or repair the same and assess the whole cost of the same against the county, according to frontage, and when such property abuts upon any street, alley, or way that is graded, paved, or otherwise improved by the said City of Wadley, said city shall have power and authority to assess against said Jefferson County its proportionate part of the cost of such grading, paving, or improving, according to frontage; and the method of collection, in case of refusal to pay, shall be by suit against the County Commissioners of Jefferson County in some court of competent jurisdiction.
Sec. 14. Be it further enacted by the authority aforesaid, that no suit shall be sustained to set aside any such assessment or to enjoin the said Mayor and Council Limitation
of action.
from making any such assessment or levying or collecting any such assessment, or from issuing bonds as hereinafter provided, or providing for their payment as herein authorized, or to contest the validity thereof on any ground or for any reason, unless such suit shall be commenced within sixty days after the passage of the ordinance making such assessment final; provided that in the event any special assessment shall be found to be invalid or insufficient, either in whole or in part, for any reason whatsoever, the said Mayor and Council

220

PART II.-TITLE !I.-MUNICIPAL CORPORATIONS.

Warsaw Ad Valorem Tax.

may at any time, in the manner provided for the levying of the original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.
Sec. 15. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Approved April 2, 1926.

WARSAW AD VALOREM TAX.

No. 39, SEcoND SEsSION.

An Act to amend the Act of the General Assembly of Georgia, approved July 21, 1921, to be found in Georgia Laws 1921, pages 1122 to 1145, and entitled "An Act to amend, revise and consolidate the several Acts relating to and incorporating the Town of Warsaw in Chatham County, to change the name of said town to the Town of Thunderbolt, to confer additional powers upon the officers of said town, to define and extend its corporate limits, provide for the election of officers and for the qualification of electors, and for other purposes," so as to authorize an additional ad valorem tax for the purpose of paying interest and principal retirements on bonds issued for paving and improving the streets, roads and highways of said town or any part thereof, and for other purposes.

Act of 1921 amended.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the sanie, that from and after the passage of this Act, Section 19 of the Acts of the General Assembly of Georgia, approved July 21, 1921, and to be found in Georgia Laws, pages 1122 to 1145, and having the caption stated in the caption hereof, be, and the same is hereby amended

PART !I.-TITLE !I.-MUNICIPAL CORPORATIONS. 221
Wai'I!BW Ad Valorem 'l'u.
by adding to said Section 19, a wb-paragraph to be known as 19 A, as follows: "19-A. Provided However, ~~:ierA that the said Mayor and Aldermen may levy such additional ad valorem tax, in excess of five (5) rirllls, as may be necessary to pay the interest and principal re- :;~~=.~~ tirements of any duly authorized bonds, iSBUed for the :retire bllllds. purpose of paving and improving the streets, roads and highways of the said town, or any part thereof."
Soo. 2. Be it further enacted by authority aforesaid, that all laws and parts of laws in confiict with this Act, be, and the same are hereby repealed.
Approved April 17, 1926.

PART IlL-REsoLUTIONS.

225

AeCQtanee of l!ilnd Divi&ion Memorial.

PART IlL-RESOLUTIONS.
RESOLUTIONS.
ACTS. Acceptance of Eighty-Seecmd Division Memorial. Binding of Aets of Extraordinary Session. General Assembly Officers Authorized to Remain. Payment of Past-Due Pensio:ns. Printing Fund Deficiency. Relief of Charlie Sharp as Surety. Relief of Tucker et al as Sureties. Statesboro Normal School; Authority to Borrow.
ACCEPTANCE OF EIGHTY-SECOND DIVISION MEMORIAL.
No. 1, SEcOND SEssiON.
Resolved by the House, the Senate concurring, that t.he Governor is authorized:
First, to accept in the name of Georgia a stone to be Governo:r auproffered by the Eighty-Second Division Association tborized. for a memorial to the members of the Division who participated in the taking of Cornay, France, during the World War;
Second, to give this stone to the commune of Corna.y, Fra.nce, in the na.me of Georgia for memorial purposes;
and

226

PART 111.-RESOLUTIONS.

Binding of Acts; Officers Authorized to Remain.

-I

Third, to take such steps as he may deem necessary, I
without affecting the State Treasury, to have the stone
transported to Cornay, France, for erecting in the public square as a memorial.

Approved April 8, 1926.

BINDING OF ACTS OF EXTRAORDINARY SESSION.

No. 7, SEcOND SEsSION.

Binding of Acts with Journals ..
Copies separately bound.

Resolved by the House, the Senate concurring, that a copy of the Acts of the Extraordinary Sessions of the General Assembly, convened in the year 1926, be bound with the House Journals and the Senate Journals of the aforesaid Extraordinary Sessions of 1926, and that only three thousand, five hundred copies of the Acts be separately bound.

Approved April 17, 1926.

GENERAL ASSEMBLY OFFICERS AUTHORIZED "TO REMAIN.

N 0. 2, SECOND SESSION.

Resolved by the House of Representatives, the Senate

Officers des- concurring, that the Speaker of the House of Represen-

ignated to re-

main at Cap- tatives and his Secretary and the President of the Senate

itol. for unfinished

and his Secretary, the Clerk of the House of Representa-

business.. tives, and the Secretary of the Senate be and are hereby

authorized to remain at the Capitol five days after the

adjournment of the General Assembly, for the purpose of

affixing their official signatures to all bills and resolu-

tions passed previous to said adjournment; and that

they be allowed their per diem for said time.

PART IlL-RESOLUTIONS.
Payment o! l'allt-Due Pensimm.

227

Ruolved, that the Chairman, respectively, of the Enrollment and Auditing Committees of the House and ~:!~~:e.~"11 Senate, together with the members of the Senate enrollment Committees and seven members of the House of the Enrollment Committee to be designated by the Chairman thereof, and two members of the House Auditing Committee, and two members of the Senate Auditing Committee to be designated by the Chairman thereof, and the Chairman of the House Engrossing Committee and fi\e members of the House Committee to be designated by the Chairman thereof, and the Chairman and two members of the Senate Engrossing Committee to be designated by the Chairman thereof, be and they are hereby authorized to remain at the Capitol five 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.
Ruolved, that the Postmistress of the House be and she is hereby authorized to remain at the Capitol five Emt>loyeea. days after the adjournment of the General Assembly, for the purpose of distributing and forwarding member's mail, and that she be allowed her per diem for said time.
Resolved further, that three porters of the House and two porters of the Senate be and they are hereby authorized to remain at the Capitol five days after the adjournment of the General Assembly, and they be allowed their per diem for said time.
Appro\ed April 10, 1926.

PAYMENT OF PAST-DUE PENSIONS.
No: 8, S:mcoND SEssiON.
Whereas, the House adjourned yesterday before reaching House Bill No. 34, a bill to provide for the payment Preamble.

228

PART IlL-RESOLUTIONS.

Printing Fund Deficiency.

of past-due pensions of Confederate veterans who died since August 26, 1925, therefore making its passage impossible; and whereas a majority of the members of the assembly are in favor of its provisions:

Payment of past-due pensions.

Therefore be it resolved, that if this debt can be paid under the provisions of the pensions laws of this State, the Governor is requested to pay such past-due pensioners.

Approved April 17, 1926.

PRINTING FUND DEFICIENCY

No.6, SEcOND SEssiON.

A Resolution to make appropriations to meet deficiency in the General Printing Fund for the year of 1926, and to make same immediately available.

Preamble.

Whereas the General Assembly reduced the appropriation for public printing from forty thousand ($40,000.00) dollars to thirty thousand ($30,000.00) dollars for the year 1926; and whereas this fund has now been reduced to two thousand five hundred ($2,500.00) dollars; and whereas the Acts of the extraordinary session will have to be printed, and much extra expense for printing in-
curred:

Now, therefore, be it resolved by the House of Repre-

15.000 avail- sentatives, the Senate concurring, that the sum of fifteen

able immediately.

thousand ($15,000.00) dollars be and the same is hereby

appropriated for payment of public printing authorized

by law for the year 1926, said sum to be immediately

available.

Warrants.

Resolved further, that the Governor be and he is hereby authorized to draw his warrants upon the Treasury, not

PART III.-RESOLUTIONS.
Belief of Charlie Sharpe as Surety.

229

in excess of the above amount, to pay for public printing authorized by law.
Be it further resolved, that ali laws or parts of laws in conflict with this resolution be and the same are hereby repealed.
Approved April17, 1926.

RELIEF OF CHARLIE SHARPE AS SURETY
No. 1, FIRM' SEsmoN.
Whereas, Char1ie Sharpe did at the November term 1924, of the Superior Court of Montgomery County, Prearn&le. Georgia, become bail for the appearance of Arthur Sharpe to answer final judgment on a motion for new trial pending in the Superior Court of said county, based on a convict.ion of said Arthur Sharpe for a misdemeanor, which said bond was forfeited by reason of the :Pan-appearance of the said Arthur Sharpe at the time specified in said bond to answer the final judgment of the Court in said motion for new trial, which was denied; and whereas, a rule absolute was entered and execution issued thereon for the principal sum of one thousand (1,000.00) dollars, and cost; and whereas, said Arthur Sharpe was afterwards recaptured by sa1"d Charlie Sharpe, at 11.m..!-; own expense hRoeolidefpafryormnent and without expense to the Sheriff or other County authorities, brought up and turned over to the Sheriff of said County, and incarcerated in the jail of said county and by said Sheriff turned over to the County Warden and placed at work in the county chaingang of said county.
Now, therefore, be it resolved by the General Assembly of the State of Georgia, that the said Charlie Sharpe, as surety as aforesaid, be relieved of paying said bond of one thousand ($1000.00) dollars, and that the Clerk of the Superior Court of :\Iontgomery County is hereby author-

230

PART III.-RESOLUTIONS.
Relief of Tucker Et AI. As Sureties.

l'TO\iso.

ized and instructed to enter the execution on said rule absolute canceled and satisfied of record, Pro\ided, that said bondsman shall not be relieved of the payment of the cost on the bond forfeiture.
Approved March 11, 1926.

RELIEF OF TUCKER ET AL. AS SURETIES

No. 4, SEOOND SEssiON.

l'reamble,.

'Whereas R. C. Tucker, T. J. Tucker, J. F. Godfrey, and A. B. Gordon did, at the March term, 1925, of the Superior Court of Hancock County, Georgia, become hail for the appearance of R. R. Tucker to stand trial for a misdemeanor, which said bond was forfeited by reason of the non-appearance of the said R. R. Tucker at the time specified in said bond, and whereas a rule absolute was entered and execution issued thereon for the principal sum of three hundred dollars and cost; and whereas the said R. R. Tucker subsequently came into court, without any expense to the county authorities, and paid all the costs of said bond forfeiture; and whereas, the said Court permitted R. R. Tucker to execute another bond:

RelieF from pa:rment of execution.

Now, therefore, be it resolved by the General Assembly of the State of Georgia, that the said R. R. Tucker as
principal, and the said R. C. Tucker, T. J. Tucker, J. F.
Godfrey, and A. B. Gordon, securities, as aforesaid, be relieved by paying the execution based upon the bond afore.. said, and that the Clerk of the Superior Court of Hancock County is hereby authorized and instructed to enter up a cancellation and satisfaction on said execution.

Approved April 10, 1926.

pART III.-REIOLUTIONI.
. Statesboro Jl'ormal Sllllofll; Authority to Dorl'IIW

231

STATESBORO NORMAL SCHOOL; AUTHORITY. TO BORROW.

No. 5, SEcoND SEssiON.

Resolved by the House of Representatives, the Senate concurring, that the Board of Trustees of the Georgia Normal School, located at Statesboro, Georgia, be authoriaed to borrow money for the needs of said school..

Be it resolved by the General Assembly of Georgia, and it is hereby resolved by the authority of the same, that the Board of Trustees of the Georgia Normal School, created under an Act approYed August 18, 1906, and amended to its present charter August 18, 1924, are hereby fully authorized and empoww:ed to borrow money for Amo nt tllthe use and needs of said school a sum of money not in onze'd. au excess of forty-five thousand ($45,000.00) dollars. This Seeurity. sum of money is to be secure<! by a mortgage or a deed with the power of sale to secure debt on the lands and property of said school. The customary executive officers of said Board of Trustees are empowered to execute the above-mentioned conveyances, and to receive the money for the Board of Trustees of said school.

Approved April13, 1926.