JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY
At Atlanta, Wednesday, June 26, 1929
1929 ETEIN PRINTING CO., STATE PRINTERS
ATLANTA. GA.
JOURNAL
SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, JUNE 26, 1929.
The Senators-elect for the ensuing' legislative session met at 10:00 o'clock, A.M. this day in the Senate Chamber and were called to order by the Secretary of the preceding Senate, Hon. D. F. McClatchey.
Prayer was offered by the Rev. J. W. G. Watkins, Chaplain of the preceding Senate.
The following communication, containing a certified list of the Senators-elect, received by the Secretary of the Senate from the Secretary of State, was read:
GEORGIA
Consolidated returns of election of State Senators General Election held November 6th, 1928.
Votes Received 1st District, fi.HELBY MYRICK Bl'Yan County_____________________ 366 Chatham County__________________ 7918
EffingllWD County________________ 743
Elected SHELBY MYRICK
2nd District, WILLIAM S. 7:'YSON Liberty County____________________ 409 Long County______________________ 576 Mcintosh County_________________ 307
TattnallCount:v.------------------ 972
WILLIAM S. TYSON
3rd District, A. J. NICHOLS Appling County___________________ 995
BrantleyCountY------------------- 340 Jeff Davis County_________________ 350 Wayne County_____________________ 899
A. :r. NICHOLS
4I
JouRNAL OF THE SENATE,
Votes Received
4th District, B. A. ATKINSON Camden County___________________ 491 Charlton County__________________ 582 Glynn County_____________________ 1361
Elected B. A. ATKINSON
6th District, GEO. W. DAME Atkinson County__________________ 510 Clinch County____________________ 813
Ware CountY---------------------- 2819
6th District, T. C. HAM Berrien County____________________ 806 Cook County______________________ 794
Echols County_____c_____________ 340
Lanier County_____________________ 468 Lowndes County__________________ 1888
GEO. W. DAME T. C. HAM
7th District, W. H. PLATT Brooks County_________ .. _____ ... 883 Grady County_____________________ 1611
Thomas County___________________ 1920
W. H. PLATT
8th District, H. G. RAWLS Miller County______________________ 411 Mitchell County___________________ 1466 DecaturCounty___________________ 1937
Seminole County__________________ 456
H. G. RAWLS '
9th District, W. J. KIDD
Early County______________________ 918 Calhoun County__________________ 641 Baker County_____________________ 548
W. J. KIDD
10th District, P. B. FORD Dougherty County_________________ 1357
Lee County---------------- .. ____ 303 Worth County_____________________ 1249
P. B. FORD
11th District, E. R. KING Clay County_______________________ 441
Randolph County_________________ 979 TerrellCounty_____________________ 934
E. R. KING
WEDNESDAY, JUNE 26, 1929.
Votes
R~ived
12th District, G. C. ALSTON Quitman County__________________ 202
Stewart Co~ty___________________ 769 Webster County___________________ 9
Elected G. C. ALSTON
13th District, W. T. LANE
Macon coulltY--------------------- 1064 Schley County_____________________ 403 Sumter County____________________ 1414
W. T. LANE
14th District, H. F. LAWSON Blackley County___________________ 705 Dooly County______________________ 896
Pulaski County____________________ 747
H. F. LAWSON
16th District, GEO. W. LANKFORD Wheeler County___________________ 409
Montgomery County_______________ 393 Toombs County___________________ 1055
GEO. W. LANKFORD
16th District, FELIX C. WILLIAMS Lamens CountY:------------------- 2436 Johnson CountY------------------ 892 Emanuel County__________________ 1381
Treutlen CountY------------------ 456
17th District, W. L. McELMURRAY Burke County_____________________ 950 Jenkins County___________________ 710 Screven CountY------------------- 785
18th District, LEON L. PEEBLES Glascock County__________________ 269 Jefferson County__________________ 1356 Richmond CountY----------------- 5244
19th District, J. HART SIBLEY Greene County____________________ 866 Warren CountY-------------------- 507 Taliaferro Co,.inty_________________ 503
20th District, J. E. HYMAN Hancock CountY----------.-------- 643 Baldwin County___________________ 900 Washington County_______ ! _______ 1529
FELIX C. WILLIAMS W. L. McELMURRAY LEON L. PEEBLES J. HART Sl'BLEY J. E. HYMAN
6
JoURNAL OF THE SENATE,
Votes Received
Elected
21st District, J. S. DA.VIS Jones County_____________________ 504 ~ggsCounty ____________________ 712
Wilkinson County_________________ 659
J. S. DAVIS
22nd District, J. M. FLETCHER Bibb County______________________ 4273 Lamar County_____________________ 774
Monroe County------------------- 1082 Pike CountY----------------------- 1032
23rd District, SAM M. MATHEWS Crawford County______ .___________ 408 Houston County__________________ 413 Taylor County_____________________ 937 Peach County_____________________ 678
J. M. FLETCHER SAM M. MATHEWS
24th District, W. CECIL NEILL Musoogee CountY-~---------------- 3547 Marion County____ . _____ ._________ 438 Chattahoochee County____________ 159
W. CECIL NEILL
25th District, J. A. SMITH Talbot County_____________________ 612
Harris CountY---------------.------ 690 Upson County_____________________ 938
J. A. SMITH
26th District, CHAS. D. REDWINE
Butts County_-------------------- 846 Fayette County____________________ 509 Spalding Coll;llty__________________ 2147
CHAS. D. REDWINE
27th District, E. M. WILLIAMS
Barrow County____________________ 986 Oconee County_______ .____________ 443
Walton County____________________ 1518
E. M. WILLIAMS
28th Distrjct, GEO. W. ADAMS Jasper County____________________ 763 Putnam County___________ ._______ 763
Mor~n County__ 7 -----------~----, 982
GEO. W. ADAMS
WEDNESDAY, JuNE 26, 1929.
7
Votes
Received 29th District, C. E. LOKEY
Columbia County_________________ 479 LincolnCounty___________________ 778
Elected
McDuffie CountY------------------ 595 C. E. LOKEY
30th District, B. B. ZELLARS Elbert County_____________________ 2131
Hart CountY----------------------- 1504 Madison CountY------------------- 563
B. B. ZELLARS
31st District, GEO. L. GOODE Franklin CountY------------------ 1412 Habersham County________________ 2661 Stephel!S County__________________ 708
GEO. L. GOODE
32nd District, J. B. R. BARRETT Lumpkin County__________________ 942 Dawson County___________________ 367
White County_____________________ 931
J. B. R. BARRETT
33rd District, J. M. GARRISON Banks County_____________________ 623 Ja,ckson County___________________ 1284 Hall CountY----------------------- 3091
34th District, C. R. VAUGHN DeKalb County____________________ 4008 Newton County____________________ 1564 Rockdale County__________________ 534
J. M. GARRISON C. R. VAUGHN
36th District, W. V. WHALEY_. Fulton CountY--------------------14155 Henry County____________ : ________ 1106 Clayton County___________________ 317
36th District, J. RENDER TERRELL Campbell County__________________ 631 Coweta County____________________ 000 Meriwether County________________ 1715
37thHDeiasrtdriCcto, uCn.tyM_.__M__I_C__K_L__E__________ 883 Carroll County____________________ 3680 Troup CountY--------------------- 2366
W. V. WHALEY J. RENDER TERRELL C. M. MICKLE
8
JouRNAL oF THE SENATE,
Votes Received
38th District, C. W. PEEK P!!-ulding County__________________ 1585 Haralson County__________________ 1788 Polk County_______________________ 2337
Elected C. W. PEEK
39th District, H. G. VANDIVIERE
Cherokee County__________________ 1483 Cobb County______________________ 2409 Douglas County___________________ 863
H.G.VANDIVIERE
toth District, CHAS. E. CANNON
Union County_____________________ 920 Rabun County____________________ 841 Towns County___________ .. ________ 618
CHAS.E. CANNON
41st District, WADE ALLEN
Pickens County___________________ 1258 Gilmer County____________________ 1750 Fannin County____________________ 1100
WADE ALLEN
42nd District, SEABORN WRIGHT
Bartow County____________________ 1272 Chattoga County__________________ 1402 Floyd County_____ . _______ . _. _____ 2154
SEABORN WRIGHT
43I.:d District,
V. C. PICKERING Gordon County____________________ 975 Whitfield County__________________ 1558 l4urrayCounty____________________ 1271
P. P. HUFSTETLER Gordon County____________________ 000 Whitfield County__________________ 472
l4urray CountY-------------------- 859
V. C. PICKERING
44th District, B. F. HARRIS
Catoosa County___________________ 1003 Dade County______________________ 730 Walker County____________________ 2756
B. F. HARRIS
WEDNESDAY, JuNE 26, 1929.
Votes Received
Elected
46th District, .JOHN :M. COOK
Ben.mn Count~'------------------ 1471 ~ CotuutY---------------------- 1022 Telf&ir OotuutY-------------------- 1897
.JOlDT :M. OOOK
46th District, J. C. BRE'WER
Coffee CotuutY--------------------- 1592 Baaon Cotuut~"--------------------- 554 Pierce Cotuutl'--------------------- '173
J. 0. BREWER
47th District, R. PAt!LK
Colquitt CotuutY------------------- 1602 Turner County____________________ 571 Tift Count~"----------------------- 1137
R. PAULK
4Ith District, J. H. DORSEY
Dodp Cotuucy_____________________ 1121 Crisp Cotuut~".--------------------- 658 Wilcox CotuutY-------------------- 602
49th District, A .r. BmD
Bulloch CountY------------------- 11197 Candler CountY------------------- 500 Evans Cotuutl'.-------------------- 644
J. H. DORSEY A. J. BmD
50th District, J. M. PITNER
Clarke Countv_______ ------------- 11129 WOgillkeeths oCropteuuCcoy_tu__u_t_l_'-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- 1956048
J. :M. PITNER
51st District, :MARCUS :MASHBURN
Forsyth CotuutY------------------- 938 Cl~Oatuutr.... 1951 :Milton Cotuutl'.-------------------- 614
MARCUS :MASHBURN
10
JouRNAL OF THE SENATE,
STATE OF GEORGIA
OFFICE OF SECRETARY OF STATE
I, Geo. H. Carswell, Secretary of State of the State of Georgia, do hereby certify, That the five pages of typewritten matter hereto attached contain the names and number of votes cast for State Senators in the Fifty-one Senatorial Districts of this State, at the general election held November 6, 1928, as shown by the consolidated returns of said election, which returns are on file in this office, the names of those elected being in the right-hand column and I hereby certify that the names in the right-hand column are the names of the Senators from the various Senatorial Districts named, elected in the general election held November 6, 1928.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 25th day of June in the year of our Lord One Thousand Nine Hundred and Twenty-nine, and of the Independence of the United States of America the One Hundred and Fifty-third.
GEo. H. CARsWELL,
Secretary of State.
The foregoing credentials having been read, the Senatorselect of the 1929-1930 session presented themselves at the Secretary's desk and prescribed to the oath of office, the same being administered by Chief Justice Richard B. Russell of the Supreme Court of Georgia.
The Secretary of the Senate announced that the next order of business was the election of a President of the Senate.
Mr. Smith of the 25th placed in nomination the name of Mr. W. Cecil Neill of the 24th District. The nomi-
WEDNESDAY, }UNE 26, 1929.
11
nation was seconded by Messrs. Myrick of the 1st, Wright of the 42nd, Rawls of the 8th, Terrell of the 36th, Goode of the 31st, Lane of the 13th and Hyman of the 20th.
There being no other nomination the roll call was ordered by the Secretary, and the vote was as follows:
Those voting for Mr. Neill were Messrs:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham, T. C.
Harris, B. F. Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W.
Peebles, Leon L. Pickering, V. C. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render
Tyson, Wm. s.
Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
Ayes 49, Nays 0.
Upon casting up the vote, it appearing that the Hon. W. Cecil Neill having received 49 votes, being all the votes cast, he was declared duly elected the President of the Senate for the ensuing term.
The Secretary, Mr. McClatchey, appointed a Committee, consisting of Senators Smith, Vandiviere, Mashburn and Terrell to escort President Neill to the chair.
After a brief inaugural speech thanking the Senate for the high honor that it had conferred upon him, President Neill declared that the election of a Secretary was the next business before the body. Mr. Myrick of the 1st nominated Mr. D. F. McClatchey for the office of Secretary of the Senate. The nomination was seconded by
12
JOURNAL OF THE SENATE,
Messrs. Kidd, Lankford, Adams, Redwine, Wright and Vaughn.
There being no other nomination the roll call was ordered, and the vote resulted as follows:
Those voting for Mr. McClatchey were Messrs:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham,T. C. Harris, B. F.
Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. C.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B. Mr. President
Ayes 50, Nays 0.
Upon the casting of the vote it was apparent that Mr. McClatchey had received all of the 50 votes which were cast. The President therefore declared him duly elected the Secretary of the Senate.
The President appointed Senators \Nright, Vandiviere, Vaughn and Kidd as a committee to escort Secretary McClatchey to his desk.
Upon being presented at the desk the oath of office as Secretary of the Senate was administered to Mr. McClatchey by the President.
The election of a President Pro Tern became the next order of business before the Senate.
Mr. Zellars of the 30th nominated Mr. E. M. \Villiams
WEDNESDAY, JuNE 26, 1929.
13
of the 27th District for the office of President Pro Tern.
There being no other nomination the roll call was ordered, and the vote was as follows:
Those voting for Mr. Williams were Messrs:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brew6r, J. C. Cook, Jno. M. Dame, George M.
Davis, J. s.
Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, .J. M. Goode, Geo. L. Ham,T.C. Harris, B. F.
Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W.T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M.
McElmurray, w. L.
Mickle, C. M. MYrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. C .
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B. Mr. President
Ayes 49, Nays 0.
On the completion of the roll it being apparent that Mr. Williams had received all of the 49 votes cast, President Neill declared him duly elected the President Pro Tern of the Senate for the ensuing term.
Senators Zellars, Tyson and Dorsey were appointed as a Committee to escort Mr. 'Williams to the stand.
The election of a Messenger was the next business of the Senate.
Mr. Lankford of the 15th nominated Mr. Guy 0. Stone
of Wheeler County for the office of Messenger.
There being no other nomination the roll call was ordered and the vote was as follows:
14
JouRNAL oF THE SENATE,
Those voting for Mr. Stone were Messrs:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P.B. Garrison, J. M. Goode, Geo. L. Ham,T.C.
Harris, B. F. Hyinan, J. E. Ki.n,g, E. R. Lane, W.T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R.
Peek, Chas. w.
Pickering, V. C.
Platt, Wm. H. Rawls, H. G. Redwine,. Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render TYson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B. Mr. President
Ayes 45, Nays 0.
On the completion of the roll call, it being apparent that Mr. Stone had received all of the 45 votes cast, President Neill declared him duly elected the Messenger of the Senate for the ensuing term.
The Senate now directed its attention to the election of a Doorkeeper of the Senate.
Mr. King of the 11th nominated Mr. A. P. Griffin of DeKalb County for the office of Doorkeeper of the Senate.
There being no other nomination the roll call was ordered, and the vote was as follows:
Those voting for Mr. Griffin were Messrs:
Adams, Geo. W. Allen, Wade
Alston, G. c.
Atkinson, B. A.
Barrett, J. B. R. Bird, A. J.
Brewer, J. c.
Cook, Jno. M.
Dame, George M.
Davis, J. s.
Dorse.Y, J. H. Fletcher, J. M.
Ford, I' B.
Garrison, J. M. Goode, Geo. L. Ham,T.C. Harris, B. F.
Hyman,J.E.
Kidd, W.J. King, E.R. !Jane, W. T. Lankford, Geo. W. ~awson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M.
McElmurray, W. :t.
WEDNESDAY, JuNE 26, 1929.
15
Mickle, C. M. MYiick, Shelby
Nichols, A. J. Paulk, R. Peek, Chas. W.
Peebles, Leon L ..
Pickering, V. c.
Pitner, J. M.
Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J~Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G.
Ayes 50, Nays 0.
Vaughn,C.R. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B. Mr. President
On the completion of the roll call it was clear that Mr. Griffin was elected, having received all of the 50 votes which were cast. The President therefore declared him duly elected Doorkeeper of the Senate.
At this time the President appointed Messrs. Whaley, Vandiviere and Platt as a committee to nominate a Chaplain of the Senate.
The committee retired, returning shortly to announce that it had nominated the Rev. J. W. G. Watkins of College Park for Chaplain. The report of the committee was unanimously accepted, and the Rev. Watkins was declared the Chaplain of the Senate.
The following Senate Resolution was read and adopted:
By Mr. Myrick of the 1st-
. Senate Resolution No. 1. A resolution instructing the Secretary to inform the House of Representatives that the Senate had convened, organized, and is ready for the transaction of business.
The following resolution of the Senate was read and adopted:
By Mr. Redwine of the 26th-
Senate Resolution No. 2. A resolution providing for a committee of two from the Senate and three from the House of Representatives to wait upon His Excellency,
16
JouRNAL OF THE SENATE,
the Governor, and inform him that the General Assembly
has convened, organized and is now ready for the trans-
action of business.
The Senate took a recess subject to the call of the Chair.
The President having called the Senate to order, Senator Myrick reported that the committee had waited upon His Excellency, The Governor, and informed him that the General Assembly had convened, organized and was now ready for the transaction of business.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
I am instructed by the House to notify the Senate that the House has been organized by electing Hon. Richard B. Russell, Jr. of Barrow as Speaker and Hon. E. Bismarck Moore of DeKalb as Clerk, and is now ready for the transaction of business.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has adopted by the reqms1te constitutional majority the following resolution of the House, to-wit:
By Mr. West of Randolph-
House Resolution No. 2. A resolution to provide for a committee of three from the House to be appointed by the Speaker and two from the Senate to be appointed by the President to notify the Governor that the General Assembly is organized and is now ready for the transaction of business.
The Speaker has appointed as a committee on the part
WEDNESDAY, JuNE 26, 1929.
17
of the House the following members, to-wit: Messrs. Hancock of Jackson, Ashley of Lowndes, Burgin of Marion.
The following House Resolution was read and adopted:
By Mr. West of Randolph-
House Resolution No. 2. A resolution to provide for a committee of three from the House and two from the Senate to wait upon His Excellency, the Governor, and inform him that the General Assembly has convened, organized and is now ready for the transaction of business.
Under the provisions of the above resolution President Neill appointed Senators Myrick and Redwine to serve as the representatives of the senate on the committee to wait upon the Governor.
The following Senate resolution was read and adopted:
By Mr. Myrick of the 1st-
Senate Resolution No. 3. A resolution providing for a joint session of the General Assembly for the purpose of canvassing and publishing election returns as provided by law.
The following resolution of the Senate was read and adopted:
By Mr. Goode of the 31st-
Senate Resolution No.4. A resolution extending sympathy to Senator C. E. Cannon of the 40th District during his illness.
Mr. Neill of the 24th asked unanimous consent that S~nator T. C. Ham of the 6th, being a Confederate Veteran,
18
JOURNAL OF THE SENATE,
be given his choice in the matt~r of selecting his desk, and the consent was granted.
Immediately thereafter the Senators drew lots for the precedent in selecting seats for the ensuing session.
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 Senate, to-wit:
By Mr. Myrick of the 1st-
Senate Resolution No. 3. A resolution to provide for a joint session of the General Assembly to convene tomorrow, June 27, 1929, at 11:30 o'clock, A. M. for the purpose of consolidating the election returns as required by law.
The following communication was received from His Excellency, the Governor:
To THE GENERAL AssEMBLY:
The Governor of Georgia extends to the General Assembly of Georgia an invitation to witness the raising of the United States Flag on the grounds of the Executive Mansion at 3:00 o'clock, P. M. on June 26, 1929, in honor of the One Hundred and Tenth session of the General Assembly of Georgia.
This June 26, 1929.
L. G. HARDMAN'
Governor.
WEDNESDAY, JUNE 26, 1929.
19
Mr. Myrick of the 1st moved that the invitation be accepted with the thanks of the Senate and the motion prevailed.
In pursuance to law, the Secretary of the Senate announced the appointment of the following Assistants, to-wit:
James B. Nevin, Jr., Roy M. Nix, Pat Haralson, W. L. Woodruff, and the oath was administered to them by the President of the Senate.
Mr. Myrick of the 1st moved that the Senate adjourn until 11 :00 o'clock tomorrow morning, and the motion prevailed.
Mr. Rawls asked unanimous consent that Senate Rule No. 22 be read, and the consent was granted.
President Neill declared the Senate adjourned until 11 :00 o'clock, A. M. tomorrow.
20
JouRNAL oF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, JUNE 27, 1929.
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.
Mr. Myrick of the first asked unanimous consent that the call of the roll be dispensed with, and the consent was granted.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
By unanimous consent the Journal of yesterday's proceedings was confirmed.
Mr. Myrick asked unanimous consent that all senators having bills or resolutions to introduce send them to the Secretary's desk and the consent was granted.
The following bills of the Senate were introduced, read the first time and referred to Committees:
By Mr. Lankford of the 15th-
Senate Bill No. 1. A bill to amend Constitution of Georgia to provide for a ta-x on incomes.
Referred to Committee on Amendments to Constitution.
By Mr. Platt of the 7th-
Senate Bill No. 2. A bill to create, define, or allocate the State Highway Fund to be used in the construction, maintenance, and repairs of the State Highways supplemented by the Federal Aid Fund.
Referred to Committee on Highways.
THuRsDAY, JuNE 27, 1929.
21
By Mr. Neill of the 24th-
Senate Bill No. 3. A bill to define and declare the amount of highway mileage of Georgia.
Referred to Committee on Highways.
By Mr. Myrick of the 1st-
Senate Bill No. 4. A bill to revise, alter and amend the several Acts incorporating the Mayor and Councilman of the Town of Tybee.
Referred to Committee on Municipal Government.
By Mr. Myrick of the 1st-
Senate Bill No. 5. A bill to provide on all actions against railroad companies for damages done to persons or property, including passengers proof of injury inflicted by the running of locomotives or cars shall be prima facie evidence of the want of reasonable skill and care.
Referred to Committee on General Judiciary.
By Mr. Myrick of the 1st-
Senate Bill No. 6. A bill to amend Code Section 2614 which relates to the power of street railway companies to lease or sell their property to other corporations created under the Iaws of Georgia.
Referred to Committee on Railroads.
By Mr. Myrick of the 1st-
Senate Bill No. 7. A bill to authorize banks chartered under laws of Georgia and having their principal office in a city now or hereafter having a population of not less than eighty thousand nor more than 12,500 to establish branch banks in c.ity in which its principal office is located.
Referred to Committee on Banks and Banking.
22
JOURNAL OF THE SENATE,
By Mr. Myrick of the 1st-
Senate Bill No. 8. A bill to provide for the appointment of special officers and policemen, at the request of any companies or corporations operating railways, steamship lines and express companies operating on railways.
Referred to Committee on Railroads.
By Mr. Williams of the 16th and Mr. Bird of the 49th-
Senate Bill No. 9. A bill to amend Act reorganizing the military forces of this State, increasing the salary of the Adjutant General.
Referred to Committee on Military Affairs.
By Mr. Myrick of the 1st-
Senate Bill No. 10. A bill to repeal Act approved August 17, 1908, establishing a board for examination of accountants.
Referred to Committee on General Judiciary.
By Mr. Myrick of the 1st-
Senate Bill No. 11. A bill to legitimatize Edmund Black, Junior, and to make him capable of inheriting the estate of Edmund Black, deceased.
Referred to Committee on Special Judiciary.
By Mr. Myrick of the 1st-
Senate Bill No. 12. A bill to amend Section 5541 of the Civil C~de of 1910 with reference to suits against insurance compames.
Referred to Committee on General Judiciary.
THURSDAY, jUNE 27, 1929.
23
By Mr. Allen of the 41st-
Senate Bill No. 13. A bill to authorize mayor and councilmen of city of Blue Ridge, Fannin County, to deliver and pay over to board of education $21,000.
Referred to Committee on Education.
By Mr. Allen of the 41st-
Senate Bill No. 14. A bill to authorize establishment
?f and to incorporate the Blue Ridge Public School District
m Fannin County into a public school district and into a public school system.
Referred to Committee on Education.
By Mr. Allen of the 41st-
Senate Bill No. 15. A bill to establish a system of public schools in Blue Ridge.
Referred to Committee on Education.
By Mr. Allen of the 41st-
Senate Bill No. 16. A bill to amend Sec. 2036 Vol. 1 Code of Georgia providing for elections under the provisions relating to no fences.
Referred to Committee on General Judiciary.
By Mr. Mathews of the 23rd-
Senate Bill No. 17.. A bill to authorize ordinaries to appoint guardians for idiots, lunatics, and insane persons.
Referred to Committee on General Judiciary.
By Mr. Mashburn of the 51st and Mr. Platt of the 7th and Mr. Tyson of the 2nd-
Senate Bill No. 18. A bill to revise the health laws of
24
JouRNAL OF THE SENATE,
Georgia. Referred to Committee on Hygiene and Sanitation.
By Mr. Garrison of the 33rd-
Senate Bill No. 19. A bill to provide for payment of expenses of judges of the Superior Courts when on judicial duty outside of counties of their respective residences.
Referred to Committee on Amendments to Constitution.
By Mr. Tyson of the 2nd-
Senate Bill No. 20. A bill to insure the protection of State Records by establishing a department of archives and history for state of Georgia.
Referred to Committee on Public Library.
By Mr. Tyson of the 2nd-
Senate Bill No. 21. A bill authorizing the City of Darien to dose certain parts of streets within said City of Darien.
Referred to Committee on Corporations.
By Mr. Williams of the 16th-
Senate Bill No. 22. A bill to revise and amend the Game and Fish Laws of Georgia.
Referred to Committee on Game and Fish.
By Mr. Neill of the 24th-
Senate Bill No. 23. A bill to amend the Constitution so as to prevent the General Assembly from creating departments unless all monies are paid into the Treasury.
Referred to Committee on Amendments to Constitution.
THURSDAY, JuNE 27, 1929.
25
By Mr. Neill of the 24th-
Senate Bill No. 24. A bill to amend Act requiring all revenue of the State from whatever source derived and collected to be paid into the State Treasury.
Referred to Committee on Appropriations.
By Mr. Wright of the 42nd and Mr. Matthews of the 23rd-
Senate Bill No. 25. A bill to alter and amend the laws relating to practice and procedure in criminal cases m the courts of this state.
Referred to Committee on General Judiciary.
By Mr. Harris of the 44th-
Senate Bill No. 26: A bill to authorize the State Highway Board to comply with terms and conditions of certain Acts of Congress.
Referred to Committee on Highways.
By Mr. Neill of the 24th-
Senate Bill No. 27. A bill to carry into effect within the limits of County of Muscogee, the provisions of the Constitution relative to the abolition of justice courts in any county of the state.
Referred to Committee on Special Judiciary.
By Mr. Smith of the 25th-
Senate Bill No. 28. A bill to prescribe how pensions shall be paid.
Referred to Committee on Pensions.
By Mr. King of the 11thSenate Bill No. 29. A bill to provide for payment of
26
JouRNAL oF THE SENATE,
expenses of judges of the Superior Court when on judicial duty outside of the counties of their respective residence.
Referred to Committee on Amendments to Constitution.
By Mr. Wright of the 42nd-
Senate .Bill No. 30. A bill to amend Section 1224 of Penal Code so as to add murder to the crimes for which a person shall not be granted a parole, when serving a life sentence therefor.
Referred to Committee on General Judiciary.
By Mr. Wright of the 42nd-
Senate Bill No. 31. A bill to amend Constitution to provide that conviction in certain criminal cases may be by less than an en tire jury.
Referred to Committee on Amendments to Constitution.
The following Senate resolutions were read and adopted:
By Mr. Myrick of the 1st-
Senate Resolution No. 5. A resolution adopting the rules of the 1927-1928 Senate as the rules for the use of this session [1929-1930.]
By Mr. Myrick of the 1st-
Senate Resolution No. 6. A resolution providing for a committee of three from the Senate and five from the House to arrange for the inauguration ceremonies for the Governor-elect.
The following Senate resolution was read and ordered to lay on the table one day.
THURSDAY, }UNE 27, 1929.
27
By Mr. Zellars of the 30th-
Senate Resolution No. 7. A resolution requmng the State Highway Board to furnish the Senate certain information.
The following resolutions were introduced, read the first time and referred to committees:
By Mr. Myrick of the 1st-
Senate Resolution No. 8. A resolution providing that the sum of $2,590.21 be refunded to the maintenance fund of the Military Department; said sum having been used in the preparation of a complete card index record of all persons who served in the World War from Georgia.
Referred to Committee on Military Affairs.
By Mr. Myrick of the 1st-
Senate Resolution No. 9. A resolution providing that the clerks of the Superior Court of the various counties in this State be authorized to record upon the minutes the names of persons who served in the World War from their respective counties.
Referred to Committee on Military Affairs.
By Mr. Myrick of the 1st-
Senate Resolution No. 10. A resolution providing that certain monies known as "Other Funds" which are in the hands of the Secretary of War of the United States as trustees, be received by the Governor of this State.
Referred to Committee on Military Affairs.
By Mr. Myrick of the 1st-
Senate Resolution No. 11. A resolution providing that any un-expended balance that remains in the hands of
28
JouRNAL oF THE SENATE,
the Treasurer that was appropriated for Riot Duty in 1926 be transferred to the Maintenance Fund of the Military Department.
Referred to Committee on Military Affairs.
By Mr. Rawls of the 8th-
Senate Resolution No. 12. A resolution authorizing and empowering the State Librarian to supply missing volumes of Georgia reports and Court of Appeals reports to the Judge of the Superior Courts of the Albany Circuit.
Referred to Committee on General Judiciary.
By Mr. Tyson of the 2nd-
Senate Resolution No. 13. A resolution memorializing Congress to create a Waterways and Flood Commission.
Referred to Committee on Forestry.
Acting under the provisions of Senate Resolution No. 6, which provided for a committee of three from the Senate and five from the House to arrange for the inauguration ceremonies for the Governor elect, President Neill appointed the following as a committee on the part of the Senate, to-wit:
Senator Garrison of the 33rd,
Senator Williams of the 27th,
Sena tor Terrell of the 36th.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has adopted by the reqms1te constitutional majority the following resolutions of the House, to-wit:
--
THURSDAY, JuNE 27, 1929.
29
By Mr. Key of Jasper-
House Resolution No. 6. A joint resolution providing for a committee of four from the Senate and eight from the House to be appointed by the President and the Speaker respectively to serve as an honorary escort to conduct the Governor to the place of inauguration.
By Mr. Key of Jasper-
House Resolution No. 7. A joint resolution providing for a committee of two from the Senate and three from the House to be appointed by the President and the Speaker respectively" to arrange for the inauguration ceremonies of the Governor on Saturday morning, June 29, 1929.
The following House resolution was read and adopted.
By Mr. Key of Jasper-
House Resolution No. 6. A resolution providing for a committee of four from the Senate and eight from the House to serve as honorary escort to conduct the Governor to the place of inauguration.
President Neill appointed as a committee on the part of the Senate, the following Senators, to-wit:
:Messrs. Garrison, Goode, Lawson and Fletcher.
The following House resolution was read:
By Mr. Key of Jasper-
House Resolution No. 7. A resolution providing for a committee of two from the Senate and three from the House to arrange for the inauguration ceremonies of the Governor on Saturday morning, June 29, 1929.
Mr. Myrick moved to amend the resolution by striking therefrom the words "two" and "three" and substituting
-
30
JouRNAL oF THE SENATE,
in lieu thereof the words "three" and "five" respectively, and the amendment was agreed to.
The resolution was then adopted as amended.
The hour of convening of the joint session of the House and Senate having arrived, the Senate retired to the Hall of the House of Representatives, and the joint session convened for the purpose of counting and consolidating the vote and declaring the result thereof for Governor and State House officers, was called to order by Hon. W. Cecil Neill, President of die Senate.
Senator Myrick of the 1st District moved th"at the President appoint a committee of three as tellers to count, consolidate and declare the vote for Governor and the State House officers, and the motion prevailed.
The President appointed as tellers Senator Tyson of the 2nd District and Representatives Battle of Muscogee and Kirby of Forsyth.
The tellers submitted the following report:
We, your tellers, appointed to canvass the vote for Governor and State House officers, beg leave to submit the following report:
For Governor-L. G. Hardman, 203,177 votes.
Comptroller-General-Wm. A. Wright, 203,221 votes.
Secretary of State-George H. Carswell, 203,717 votes.
Treasurer-Wm. A. Speer, 203,121 votes.
Attorney-General-George M. Napier, 203,127 votes. Respectfully submitted,
On part of the Senate
On part of the House
TYsoN of the 2nd District.
KIRBY of Forsyth,
BATTLE of Muscogee.
-
THURSDAY, JuNE 27, 1929.
31
Senator Tyson of the 2nd moved that the report of the committee be adopted and the motion prevailed.
The President of the Senate declared the result of the canvass of the votes for Governor and State House officers.
Representative Tucker of Marion County moved that the joint session of the House and Senate be dissolved and the motion prevailed.
The Senate reconvened at five minutes past twelve o'clock.
The following invitation, addressed to President Neill was received from Representative Gullatt of Campbell County:
HoN. W. CEciL NEILL,
President State Senate.
Dear Sir:
I wish to extend through you to the Senators an invitation to spend Friday evening, June 28th at Dixie Lakes in Union City, Campbell County, Georgia, at which time and place a program of dog races, swimming and dancing will be provided for your pleasure.
There will be no speeches, for it is intended that this be an evening of pleasure disconnected entirely from any thought of legislation. I can assure the Senators that I am sponsoring no pet bill at this session.
Busses will be provided for transportation and will leave the Pryor Street entrance of the Kimball House at 7.30 o'clock and you will reach Dixie Lakes in time for the Grey-hound and Fox-hound races. Immediately after the races, swimming and dancing will be in order until 12:00 o'clock for those who desire to participate. At 11:30 to 12:00 o'clock, busses will leave for the Pryor Street entrance of the Kimball House.
32
JouRNAL OF THE SENATE,
It will not be necessary to visit the treasury department before making this trip, for money will be worthless to the Senators from the_ minute they step into the busses at 7:30 o'clock until they return.
Very respectfully,
C. H. GuLLATT,
Representative of Campbell County.
Senator Tyson of the 2nd moved to accept the invitation with thanks, and the motion prevailed.
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 Senate, to-wit:
By Mr. Myrick of the 1stSenate Resolution No. 6. A resolution to provide a
committee to arrange for the inauguration of the Governorelect.
The Speaker has appointed as a committee on the part of the House the following members, to-wit:
Messrs. Key of Jasper, Neisler of Taylor, Lord of Jackson, Thrash of Coffee, Edwards of Lowndes.
Mr. Myrick moved that the Senate adjourn until to-
THuRsDAY, JuNE 27, 1929.
33
morrow mormng at 11:00 o'clock, A. M., and the motion prevailed.
Mr. Lawson of the 14th asked unanimous consent that he be granted a leave of absence for Friday and Saturday, June 28th and 29t_h, because of important business and the consent was granted.
The President declared the Senate adjourned until tomorrow morning at 11:00 o'clock, A. M.
34
JouRNAL oF THE SENATE,
GA., SENATE CHAMBER, ATLANTA,
FRIDAY, JUNE 28, 1929.
The Senate met pursuant to adjournment at 11 :OOo'clock, A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
Mr. Myrick of the 1st asked unanimous consent that the roll call be dispensed with. Mr. Whaley of the 35th objected, and on the call of the roll the following Senators answered to their names, to-wit:
Adams, Geo. w.
Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L_. Ham, T. C. Harris, B. F.
Hyman, J. E. Kidd, W. J. King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. C.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B. Mr. President
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The Journal of yesterday's proceedings was confirmed by unanimous consent.
J\1r. \:Vright of the 42nd asked unanimous consent that former United States Senator Rebecca Lattimer Felton be permitted to deliver a short address to the Senate at this time, and the consent was granted.
--
FRIDAY, JuNE 28, 1929.
35
President Neill appointed as a committee to escort exSenator Felton to the stand, Senators Wright of the 42nd, Peek of the 38th and McElmurray of the 17th.
Ex-Senator Rebecca L. Felton addressed the Senate.
After the address of Mrs. Felton, Senator Redwine of the 26th asked unanimous consent that all senators having bills and resolutions to introduce send them to the desk at this time, and the consent was granted.
The following resolution was introduced, read the first time and referred to the committee:
By Mr. Wright of the 42nd-
Senate Resolution No. 14. A resolution creating an Educational Commission.
Referred to Committee on Education.
The following bills were introduced, read the first time and referred to the committees:
By Mr. Rawls of the 8th-
Senate Bill Ko. 32. A bill to amend Act approved August 27, 1920, known as "The vYorkmen's Compensation Act."
Referred to Committee on Commerce and Labor.
By Mr. Myrick of the 1st-
Senate Bill No. 33. A bill prescribing the closed season
for fishing in the fresh waters of Georgia.
'
Referred to Committee on Game and Fish.
By Mr. Myrick of the 1st-
Senate Bill No. 34. A bill prescribing for a license for fishing in the fresh waters of Georgia.
36
jOURNAL OF THE SBl!iATB,
Referred to Committee on Game and Fish.
By Mr. Williams of the 27th-
Senate Bill No. 35. A bill to provide for the nomination in primaries of members of the General Assembly in counties having more than one representative.
Referred to Committee on Privileges and Elections.
By Mr. Williams of the 27th-
Senate Bill No. 36. A bill to provide for nomination in primaries of the General Assembly in counties having a population of twenty-eight thousand three hundred and sixty...o!le (2&,361) according to 1920 census.
Referred to Committee on Privileges and Elections.
By Mr. Lane of the 13th, Tyson of the 2nd, Sibley of the 19th and Terrell of the 36th-
Senate Bill No. 37. A bill to amend Section 2415 of Civil Code providing for the licensing of insurance companies chartered by State of Georgia, or other States or foreign governments, organized or beginning business during the current year.
Referred to Committee on Insurance.
By Mr. Whaley of the 35th-
Senate Bill No. 38. A bill to require every person engaged in the business of selling automobiles to make certain monthly reports to secretary of state.
Referred to Committee on Finance.
By Mr. Whaley of the 35th-
Senate Bill No. 39. A bill to require all taxes and fees collected by the State to be deposited into the State Treasury.
FRIDAY, JuNE 28, 1929.
:37
Referred to Committee on Appropriations.
By Mr. Whaley of the 35th-
Senate Bill No. 40. A bill authorizing fraternal benefit societies incorporated under the laws of another state to become incorponited in this State without loss of rights, etc.
Referred to Committee on General Judiciary.
By Mr. Pitner of the 50th-
Senate Bill No. 41. A bill to abolish offices of tax collector and tax receiver in and for County of \Vilkes.
Referred to Committee on Counties and County Matters.
By Mr. Alston[of the 12th-
Senate Bill No. 42. A bill to amend Act known as "Loan Business Regulated."
Referred to Committee on Amendments to Constitution.
By Mr. Tyson of the 2nd-
Senate Bill No. 43. A bill to amend Act creating an experiment station in the Coastal Plains region of this State.
Referred to Committee on General Agriculture.
By Mr. Redwine of the 26th, Fletcher of the 22nd and Smith of the 25th-
Senate Bill No. 44. A bill to fix regular terms of the superior courts in the several counties comprising the Griffin Judicial Circuit.
Referred to Committee on Special Judiciary.
38
JOURNAL OF THE SENATE,
By Mr. Lankford of the 15th-
Senate Bill No. 45. A bill to propose a constitutional amendment to provide an additional levy of five mills on each dollar of the value of the property taxable in the State for one year only, to be used solely as revolving fund for payment of common school teachers.
Referred to Committee on Amendments to Constitution.
By Mr. King of the 11th-
Senate Bill No. 46. A bill to provide that men may be compelled to attend court under subpoena as witnesses in civil cases.
Referred to Committee on General Judiciary.
By Mr. Vaughn of the 34th-
Senate Bill No. 47. A bill to amend Section 65 of ]eorgia W'orkmen's Compensation Act.
Referred to Committee on Commerce and Labor.
By Mr. Terrell of the 36th-
Senate Bill No. 48. A bill relative to power of sales m deeds of trust, etc.
Referred to Committee on Special Judiciary.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has adopted by the reqmstte constitutional majority the following joint resolution of the House, to-wit:
By Mr. Key of JasperHouse Resolution No. 16. A resolution that the House
FRIDAY, JuNE 28, 1929.
39
and Senate meet in joint session in the Hall of the House of Representatives tomorrow, Saturday, June 29, 1929 at 11 :30 o'clock, .-\. l\1. for the purpose of inaugurating the Governor-elect, Hon. L. G. Hardman.
Mr. Garrison of the 33rd, Chairman of the Committee on the part of the Senate to arrange for the inauguration of Governor-elect, Hon. L. G. Hardman, submitted the following report:
Mr. President:
The undersigned members of a committee appointed by the President of the Senate and the Speaker of the House to arrange for the inauguration of the Governor-elect, have conferred with Governor-elect Hardman, and beg leave to report that it is his wish that the Inauguration exercises be held in the Hall of the House of Representatives at 11:30 o'clock, Saturday, June 29, 1929.
J. l\1. Garrison,
E. l\1. Williams, Senate.
\V. H. Key,
J. E. J. Lord,
H. B. Edwards,
House of Representatives.
The following House resolution was read and adopted:
By Mr. Key of Jasper-
House Resolution No. 16. A resolution providing that the House and Senate meet in joint session in the Hall of the House of Representatives tomorrow, Saturday, June 29, 1929 at 11 :30 o'clock, A. ,l\1. for the purpose of inaugurating the Governor-elect, Hon. L. G. Hardman.
The following communication was received from His Excellency, Governor L. G. Hardman, through his Secretary:
40
JOURNAL OF THE SENATE,
June 29, 1929.
REPORT OF CLEMENCY CASES.
To the General Assembly of Georgia:
I hand you here'Yith report, as required by the Constitution of Georgia, showing action taken by me in all clemency matters, including reprieves, probations, paroles, commutations and pardons granted since June 25, 1927.
Respectfully submitted, L. G. HARDMAN, Governor.
RESPITES MARSHALL REED: Walker County; Prison Commission requested further time to consider new evidence; resp'ited thirty days from July 12, 1927. WILL JOHNSON: Brooks County; further. time requested to present application for Executive clemency; respited from August 18, 1927 to September 17, 1927.
T. W. TOUCHTON: Lowndes County; stay of sentence requested by the Prosecutor; respited from A1g1st 15, 1927 to September 1, 1927.
R. L. FOUTS: Gordon County; further time requested to file petition for clemency; respited for thirty days from August 23, 1927.
ROBERT COATES: Jefferson County; insufficient time to complete application for clemency; respited for twentythree days from December 22, 1927.
JAMES A. SWAIN: Bibbs County; time required to investigate mental condition; respited sixty-one days from January 18, 1928.
WADE JOHNSON: Jones County; further time required to investigate mental condition; respited sixty days from January 20, 1928.
W.ADE JOHNSON: Jones County; further study of mental responsibility; respited ninety days from May 10, 1928.
FRIDAY, JuNE 28, 1929.
41
HAROLD HAMMOND: Fulton County; further time necessary to consider new facts; respited thirty days from May 18, 1928.
GEORGE FICKLIN: Chatham County; time requested to present petition for clemency to Prison Commission; respited thirty days to end July 2S, 1928.
FREEMAN BURT: Colquitt Co1nty; settlement between the defendant and alleged victim; defendant desires to make application for parole; respited sixty days.
WADE JOHNSON: Jones County; time for further consideration and study of this case; respited from August 10, 1928 for thirty days.
EULA THOMPSON: Murray County; more time needed to thoroughly study the record; respited for a period of sixty days expiring November 24, 1928.
JOHN RUSHING: i.\t1uscogee County; respite for further investigation urged by the Judge and Solicitor-General; respited for a. period of sixty days ending February 12, 1929.
D. B. BROOKINS: Muscogee County; more time needed to satisfactorily present petition to prison Commission; respited for a period of sixty days ending February 12, 1929.
JOHN CLARK: Mcintosh County; for the purpose of making a full investigation as to his mental condition; respited for a periodofsixtydaysending February 19,1929.
JOHN RUSHING: Muscogee County; new evidence discovered since the trial; respited for a period of sixty days from February 12, 1929.
D. B. BROOKINS: Muscogee County; further time needed to present this case to the Prison Commission.
R. L. MITCHAL\1: Meriwether County; defendant confined to his bed and his health will be materially injured
42
JOURNAL OF THE SENATE,
if moved at this time; respited for a period of thirty days from February 15, 1929.
COMMUTATIONS: All commutations were recommended by the Prison Commission, except where stated,
ALBERT MATTHEWS AND CHARLIE FEARS: Butts Superior Court; December 1925 Term; Shooting at another; 3-4 years; recommended by Judge and SolicitorGeneral; commuted to present service July 6, 1927.
JACK LLOYD: Fulton Superior Court; October 1925 Term; Assault to rob; 2 years; applicant did not actually get any money and served more than one year; commuted to present service July 14, 1927.
JOHN EASON: City Court of Baxley (Appling County) December 1926 term; simple larceny; 12 months; recommended by Judge and other officials; commuted to present service upon payment of fine of $250.00 July 14, 1927.
LEONARD SHERMAN: Fulton Superior Court; January 1925 term; carrying concealed weapons and assault to murder; 12 months and 3 to 4 years; recommended by prosecutor; commuted to present service July 14, 1927.
C. B. SMILEY: Lowndes Superior Court; May 1925 term; kidnapping; 4 years; recommended by large number of leading citizens, county officials, assistant prosecutor and the prosecutrix; commuted to present service July 26, 1927.
HOWARD B. GLEASON; Fulton Superior Court; September 1926 term; bigamy; 1 to 3 years; recommended by presiding Judge and Solicitor General; applicant not able to work, wants to enter government hospital; commuted to present service August 2, 1927 upon condition that he enter a Government hospital.
ARCHIE EVANS: Laurens Superior Court; January 1927 term; manslaughter; 1 year; killing was accidental
FRIDAY, JuNE 28, 1929.
43
and widow of deceased recommends clemency. Father of defendant will amply provide for widow. Commuted to present service on August 6, 1927 upon payment of fine of$600.00.
ED MOCK: Wayne Superior Court; April 1927 term; making whiskey; 1 to 2 years; applicant confined to bed with pulmonary tuberculosis and bronchial asthma and does not improve under treatment; commuted to present service on August 11, 1927.
(LYNN) LEONARD POSS: Forsyth Superior Court; Fall term 1925; murder; life; recommended bv Judge; commuted to present service August 12, 1927. .
ALLIE ANDERSON: City Court of Brunswick; May 1927 term; violating prohibition law; 6 months; recommended by trial Judge; commuted to present- service August 16, 1927.
CLARENCE FRANKLIN: Superior Court of Monroe County; selling liquor; 12 months; August 1926 term; recommended by jury and prosecutor; commuted to present service August 18, 1927 upon payment of fine of $100.00.
C. M. COOK: Criminal Court of Atlanta; January 1926 term; misdemeanor; 10 months and 12 months (2 cases); applicant has paid fine of $100.00 and served 18 months. He wishes to return to his family in Mobley, Mo. Commuted to present service August 20, 1927; not recommended by Prison Commission.
WILLIE WATKINS: Wilkes Superior Court; August 1926 term; highway robbery; 12 months; recommended by Judge, Solicitor-General and Jurors; commuted to present service September 8, 1927 upon payment of fine of $100.00.
WILL JOHNSON: Brooks Superior Court; November 1926 term; murder, death; deceased was attempting to practice hoodooism to the hurt of Will Johnson and his family and defendant killed deceased while laboring under
44
JOURNAL OF THE SENATE,
fears of injury to himself and family. Defendant firmly believed in the practice of occult arts and the peril which threatened him. Defendant had borne excellent reputation for sobriety and peaceableness and obedience to the laws; commuted to life imprisonment September 14, 1927. not recommended by Prison Commission.
COLUMBUS (CLEVELAND) WILLIS: Dougherty Superior Court; January 1927 term; stealing; 12 months; recommended by county physician, warden and camp inspector; commuted to present service September 22, 1927.
CLYDE DURRANCE: City Court of Baxley; June 1926 term; violating prohibition law; 12 months; recommended by sheriff, other county officials and number of citizens; commuted to present service September 22, 1927 upon payment of fine of $200.00.
C. B. BESSELLIEU: Superior Court of Seminole County; March 1927 term; larceny; 12 months; recommended by trial judge; commuted to present service on Septem her 29, 1927 on condition that defendant return to his home in Mississ1ppi and on further condition that he refrain from violating any criminal laws of this State.
ALBERT EDMONDS: Muscogee SJ.perior Court; February 1927 term; simple larceny; 12 months; recommended by warden, and on account of physical condition of applicant; commuted to present service on October 13, 1927.
LUCIUS KENDALL: Upson Superior Court; July adj. 1925 term; assault to murder; 3 to 5 years; recommended by trial judge; :::ommuted to present service October 14, 1927.
CLIFF INGRAM: Dooly Superior Court; August term 1920; voluntary manslaughter; 10 to 15 years; recommended by jury, judge, solicitor-general, clerk and sheriff; commuted to present service October 15, 1927.
CLAUD ANGLIN: Chatham Superior Court; December term 1924; robbery; 4 years and 4 years and 1 day;
FKIDAY, JuNE 28, 1929.
45
recommended by Superintendent and Warden of State Farm, and on account of applicant's ill health; commuted to present service on October 14, 1927.
TRENT FORMBY: City Court of LaGrange; March adj. term 1927; violating prohibition law; $75.00 fine or 4 months; applicant served part of sentence and a~ks for permission to pay fine; commuted to present service upon. payment of fine of 875.00.
J. R. MORGAN AND REGGIE VANDERS: Glynn Superior Court; May term 1927; larceny of auto; 1 to 2 years; recommended by Solicitor General and Judge; commuted to present service November 3, 1927.
TOM BUTLER: Randolph Superior Court; May term 1925; assault with intent to murder; possessing whiskey; carrying concealed pistol and carrying pistol without license; 2 to 5 years; 12 months or $500.00 and 12 months or $500.00 respectively; applicant has served minimum of 2 to 5 years felony sentence and is in bad state of health; commuted to present service upon payment of fine of $600.00 November 3, 1927.
E. H. WILLIAMS: Atkinson Superior Court; October 1926 term; larceny of auto; 5 years; recommended by Judge and Solicitor General; commuted to present service November 9, 1927 and on condition that he return to his home in Alabama.
BOB GRIFFITH: Walton Superior Court; August term 1927; making liquor; 12 months or $150.00; recommendation of trial judge; commuted to present service upon payment of pro rata fine of $125.00 on November 10, 1927.
LEO HILL: Laurens Superior Court; January term 925; rape; 20 years; recommended by judge, solicitorgeneral, jurors, county officials and relatives of the alleged injured party; commuted to present service on November 17, 1927.
46
JouRNAL OF THE SENATE,
ROOSEVELT THORNTON: Fulton Superior Court; January term 1927; larceny of auto; 1 to 5 years; recommended by judge and solicitor-general; commuted to present service December 16, 1927.
JERRY JORDAN: Mitchell Superior Court; October term 1916; murder; life; on account of long service with good prison record and on account of physical condition; commuted to present service December 16, 1927.
JOSEPH ASH: Glynn Superior Court; December term 1926; simple larceny; 1Yz to 2 years; applicant was 17 years of age at time of crime and 3 older persons were involved. If released he will return to his parents in New York State. Commuted December 22, 1927.
MARY SCOTT: Ware Superior Court; June term 1927; misdemeanor; 12 months or $75.00; recommended by trial judge; commuted to present service December 24, 1927.
EDWARD CAREY, ALIAS EDWARD LYNCH: Floyd Superior Court; October term 1924; robbery; 10 years; recommended by former and present solicitor-general; commuted to present service Jan:.Iary 5, 1928.
E. A. STEELE: Fulton Superior Court; September term 1924; larceny of auto and forgery; 1 to 3; 2 to 3; 2 to 3; and 2 to 3 years; prosecutors recommend clemency. Full restitution of money and car made. Applicant returned to home in Indiana; commuted January 12, 1928.
S. F. GARRETT: Muscogee Superior Court; February term 1924; larceny from house; 5 years; recommended by solicitor-general; commuted to present service January 26, 1928.
WILL JOHNSON: Fulton Superior Court; November term 1924; assault to murder; 4 years; recommended by trial judge and solicitor-general; commuted to present service February 9, 1928.
FRIDAY, JuNE 28, 1929.
47
JOHN LAMBERT: Fulton Superior Court; March 1925 term; larceny and robbery; 1 to 3 years in 1 case and 2 to 5 years in three cases; recommended by trial judge and solicit~r-general; commuted to present service February 9, 1928.
CURTIS POWELL: DeKalb Superior Court; September term 1925; larceny of auto; 1 to 2 years; recommended by judge and solicitor; commuted to present service February 14, 1928 on condition that he refrain from violation of any of the criminal laws of this State.
JOHNNY MOORE: City Court of Hinesville; J ~ly term 1927; larceny; 12 months; recommended bytrialjudge; commuted to present service February 16, 1928 upon payment of fine of$50.00.
C. T. WISE: Richmond Superior Court; May term 1925; forgery and larceny; 2 to 5 and 2 to 5 years, concurrent; commuted to present service February 16, 1928 on condition that he leave this State and return to his home in Alabama.
BABE SMITH AND LEWIS WATERS: Gwinnett Superior Co"Jrt; December term 1926; burglary; 3 to 5 years each case and 2 to 5 years each case respectively; trial judge, solicitor-general, prosecutor and others recommend clemency; commuted to present service :March 8, 1928.
W. B. DISMUKES: Fulton Superior Court; March term 1925; forgery and larceny of auto; 1 to 5 years in 2 cases and 2 to 5 years; minimum sentences served; prison record good; recommended by judge; commuted to present service March 8, 1928.
EDGAR S. HAMILTON: Bibb Superior Court; April term 1927; embezzlement; 2 to 4 years; recommended by judge. and solicitor-general; commuted to present service March 15, 1928.
48
JOURNAL OF THE SENATE,
LON PRESTON: Fulton Superior Court; July term 1927; larceny from house; 1 year; recommended by trial judge and solicitor-general; commuted to present service March 15, 1928.
JOHN HENRY HARRIS: Floyd Superior Court; January term 1926; murder; life imprisonment; clemency urged by trial judge, present circuit judge, solicitor general, county officials, jurors and citizens; commuted to present service March 29, 1928.
ALBERT HINDMAN: Floyd Superior Court; January 1926 term; murder; life imprisonment; clemency urged by trial judge, present circuit judge, solicitor general, county officials, jurors and citizens; commuted to present service March 29, 1928.
GEORGE HAWKS, JR.: City Court of Danielsville; transporting and possessing whiskey; $75.00 and S80.00 and 6 months suspended sentence; applicant paid both fines and was released. A year later he was placed in chaingang on suspended sentence. He has served three months with good record; a large number of citizens urge clemency; commuted to present service March 29, 1928 on condition that he refrain from violation of any criminal laws.
STANLEY TOWNSEND: Fulton Superior Court; July term 1927; larceny of a~to; 1 to 3 years; applicant's father agrees to place him in a tubercular hospital in Pittsburg for treatment; he has active tuberculosis; commuted to present service April 5, 1928.
ELI WILLIFORD: City Court of Louisville; May term 1926; drunkenness and shooting on public highway; 12 months and $500.00; applicant has served sentence and trial judge recommends that he be relieved of the payment of the fint::; commuted to present service April 5, 1928.
BEN NEWTON: City Court of LaGrange; December term 1927; misdemeanor; 12 months; solicitor and citizens recommend clemency; commuted to present service April
F:aiDAY, JuxE 28, 1929.
49
12, 1928 on payment of fine of $50.00 and on condition that he refrain from the violation of any of the criminal laws of this State.
WILL JOHNSON: Fulton Superior Court; September term 1926; forgery; 4 to 6 years; recommended by trial judge, solicitor-general and the prosecutor; commuted to present service April 12, 1928.
LUTHER PEEK: Ben Hill Superior Court; January term 1928; having liquor; 12 months; recommended by Judge Crum, T. Hoyt Davis, Solicitor General, and county commissioners of Ben Hill County; commuted to present se:vi.ce April12, 1928. Not recommended by Prison Commission.
CLARENCE E. POWER: Cobb Superior Court; July term 1927; larceny; 4 to 7 years; applicant is in serious physical condition; clemency recommended by trial judge, jurors, the mayor and council of Marietta, and many citizens; commuted to present service April 12, 1928.
ALBERT STEVENS: Madison Superior Court; March term 1925; burglary; 10 to 11 years; recommended by trial judge, solicitor general and prosecutor; commuted to present service April 19, 1928.
CHARLIE BRIDGES: Newton County Superior Court; September term 1926; breaking into railway car; 3 years; one half of sentence to be suspended during good behavior; trial judge considers that 18 months at hard labor is sufficient punishment and warden certifies that he has served since September 28, 1926 with good record; commuted to present service April 20, 1928. Not recommended by Prison Commission.
MOSE FLOURNOY: City Court of Waynesboro; October term 1927; delivering seed cotton after sunset and before sunrise; nine months on chaingang; applicant has served 5 months; judge, solicitor and prosecutor feel that he has been su.fficiently punished and recommend clem-
50
JOURNAL OF THE SENATE,
ency; commuted to present service April 23, 1928. Not recommended by Prison Commission.
GUS WOOD: Carroll County Superior Court; April term 1928; manufacturing liquor; $500.00 and suspended sentence; trial judge recommends that fine be reduced and applicant released from prison upon the payment of S150.00; commuted to present service May 8, 1928 upon payment of a fine of $150.00.
GEORGE FUTCH: Bryan County Superior Court; May term 1927; burglary; 4 to 5 years; solicitor-general says applicant pleaded guilty under an agreement that he would be given a sentence of only one year in absence of counsel. Trial judge did not carry out agreement because of certain information that was subsequently given him; commuted to present service May 17, 1928.
CLARENCE HOWELL: Laurens Superior Court; January term 1925; rape; 20 years; recommended by trial judge, solicitor general, jurors, county officials and citizens; commuted to present service May 17, 1928.
GEORGE H. WHITE: Coffee Superior Court; September 1916 and October 1921 terms; manslaughter; 10 to 20 years; recommended by solicitor-general, sheriff, clerk of court, relatives of the deceased and many citi?ens applicant in very bad physical condition; commuted to present service May 18, 1928.
ALMA COULTER: Talbot Superior Court; March term 1927; burglary; 2 to 5 years; conviction was based on circumstantial evidence; recommended by prosecutor, foreman of jury, solicitor-general and trial judge; commuted to present service May 24, 1928.
W. C. McCLANSHAW (McCALLAHAN) Talbot County Superior Court; March adj. term 1906; murder; life imprisonment; long prison record with good conduct, and the loss of a leg and all fingers on right hand; commuted to present service June 2, 1928.
FIUDAY, JuNE 28, 1929.
51
HUBERT ADCOCK: Coweta Superior Court; March term 1927; larceny after trust; 2 years; trial judge and solicitor-general recommend clemency; commuted to present service June 7, 1928.
RILEY PRITCHARD: City Criminal Court of At-
lanta; June term 1927; possessing liquor; $100.00 or 10 months; fine was paid and sentence would have been served had it been enforced; commuted to present service June 7, 1928.
JEFF (WYATT) WISE: Fulton County Superior Court; November term 1928; perjury; 4 years; applicant has served 18 months with good prison record. Since his incarceration he was injured by a fall from a truck while engaged in duties as a prisoner and is otherwise in bad physical condition; recommended by judge and solicitor; commuted to present service June 15, 1928.
J. ':v. WATERS: City Criminal Court of Atlanta;
Marc\ term 1928; violating prohibition law; $150.00 and six r.tonths s".lspended sentence; fine paid and sentence suspended; commuted to present service June 19, 1928. Not recommended by Prison Commission.
WILLIAM SUMMERFORD: Dougherty County Superior Court; March term 1927; making and having liquor; 12 months and 12 months or $250.00; first sentence served and three months of second with good prison record; Dougherty County officials recommend clemency; commuted to present service June 19, 1928.
JOSEPH LEONARD: Talbot County Superior Court; September term 1928; voluntary manslaughter; 5 years; recommended by trial judge; solicitor general, jurors, county officials and citizens; commuted to present service July 2, 1928.
JOHN LAMAR: Dooly County Superior Court; May term 1919; voluntary manslaughter; 15 years; recommended
52
JOURNAL OF THE SENATE,
by trial judge, solicitor-general, clerk of Court and sheriff; commuted to present service July 5, 1928.
MARSHALL REED: Walker County Superior Court; February term 1926; murder; death; solicitor Kelly and trial judge recommend clemency or rather state that either of four verdicts would be justified; much discrepancv in testimony has been found; commuted to life imprison~ent August 10, 1927.
WILL PENCE: Walker Superior Court; August term 1926; perjury; 4 years; recommended by judge, solicitorgeneral, special prosecutor, probation officer, county officers, et. al.; commuted to present service July 12, 1928.
THOMAS KILGORE: Bibb County Superior Court; April term 1927; larceny of automobile; 2 years; recommended by trial judge, solicitor-general; commuted to present service July 13, 1928.
WILL WILLIAMS: Fulton Superior Court; 1927 term; burglary; 2 to 3 years; recommended by trial judge, solicitor-general and the prosecutor; commuted to present service July 26, 1928.
TOM HINKLE: Fulton Superior Court; September
term 1926; simple larceny; 12 months; 6 months and 6
months; and 2 to 5 years; Judge Wood says he does not
remember the details of the matter but interposes no ob-
jection to the misdemeanor sentences running concJrrent-
ly with the felony sentence; ordered on July 26, 1928 that
the 3 misdemeanor sentences run concurrently with felony
sentence of two to five years.
CHARLIE SHEPPARD: City Court of LaGrange; December term 1927; violation of prohibition law; 12 months; recommended by solicitor of court in which he was convicted; commuted to present service July 24, 1928 upon payment of fine of $25.00.
OTIS MEWBORN: Fulton Superior Court; May term 1927; simple larceny and larceny of automobile; 12 months
.F:aiDAY, JuNE 28, 1929.
53
and 3 years; trial judge recommends clemency, and ap-
plicant's arm is in a very serious oondition and an early
operation is necessary; commuted to present service July
26, 1928.
ALFRED FERRELL: Walker Superior Court; August term 1927; robbery; 2 years; applicant served nearly year with good record. While engaged in his duties as a. convict he was seriously and perhaps permanently injured by the discharge of dynamite; commuted to present service July 26, 1928.
J. C. HANKINSON: Fulton Superior Court; July term 1927; passing a fictitious check.; 3 to 1 years (6 cases) recommended by trial judge; solicitor-general and many citizens; commuted to present service August 2, 1928.
CECIL MONS: Muscogee Superior Court; May term 1927; involuntary manslaughter; 2 to 3 years; trial judge strongly urges clemency and says ''This court now feel that the ends of justice will be met by showing leniency to the defendant;" commuted to present service August 2, 1928 on condition that she refrain from violating any of the criminal laws of this State.
ROGERS WHITSETT: Dooly County Superior Court; Aug'..lst term 1924; voluntary manslaughter; 8 to 10 years; commutation recommended by trial judge, the jurors, and the State's prosecutor; commuted to present service August 9, 1928.
ALBRITTON EDvVARDS: Brooks Superior Court; Spring term 1924; burglary;5 years; applicantis in bad physical condition, due to a large extent, to having been gassed during the World War. County officials recommend clemency; commuted to present service August 9, 1928.
BEE COLLIER: Troup Superior Court; November term 1920; burglary; 12 to 15 years; recommended by trial judge, the present judge who wa1 solicitor-general
54
JouRNAL oF THE SENATE,
at the time, and warden; commuted to present serv1ce August 9, 1928.
BOB (ROBT.) COLEMAN: Floyd Superior Court; January term 1926; murder; life imprisonment; recommended by trial judge, solicitor-general and present judge of the Rome Circuit; commuted to present service August 9, 1928.
CHARLES McGILLESPIE: Dooly Superior Court; August term 1928; simple larceny; 12 months or $250.00; recommended by trial judge and sheriff of Crisp county in view of fact that Ohio authorities who came for applicant wanted him on three felony charges before his conviction on this misdemeanor case; commuted to present service ~ugust 10, 1928. Not recommended by Prison Commisswn.
EVA ROGERS: Fulton County Superior Court; November term 1927; assault with intent to murder; 1 to 2 years; commuted to present service August 9, 1928 on account of physical condition.
NESBIT LITTLE: Fulton County Superior Court; October term 1927; burglary; 1 to 2 ,rears; recommended by trial judge; commuted to present service August 16, 1928.
W. M. BECKLEY: Fulton Superior Court; May term 1925; robbery; 9 to 20 years and 9 to 20 years concurrent; recommended by prosecutors and large number of reputable people; commuted to present service August 16, 1928.
GUY WINGARD: Fulton Superior Court; July term 1927; 1U to 3 years; involuntary manslaughter; recommended by trial judge and solicitor general; commuted to present service August 16, 1928.
FRANK GETTING: Fulton Superior Co:.1rt; November term 1926; rape; 1 year; recommended by judge and solicitor-general; commuted to present service August 16, 1928.
FRIDAY, JuNE 28, 1929.
55
HARLEY SHEFFIELD: Cherokee Superior Court; August term 1927; misdemeanor; 12 months and $75.00, sentence to be suspended after service of 4 months; defendant paid fine, served original four months and is now serving portion of suspended sentence; commuted to present service A.1gust 23, 1928. Not recommended by Prison Commission.
JAMES A. SWAIN: Bibb County Superior Court; February term 1925; murder; death; recommended by Chief Justice of Suprel!le Court; trial judge, several jurors and hundreds of Bibb county citizens; commuted to life imprisonment March 31, 1928.
W. H. HANLEY: Fulton Superior Court; May term 1927; involuntary manslaughter; 1 to 3 years; recommended by trial judge and others; commuted to present service Septemher 20, 1928.
WALTER GRIBBLE: Walker Superior Court; August term 1927; burglary; 3 to 5 years; applicantinserious physical condition; commuted to present service September 24, 1928.
EFFIE WILLIAMS: Crisp Superior Court; Spring term 1922; murder; life; recommended by judge, solicitorgeneral, sheriff, and jury on account of applicant's mental condition; commuted to present service September 27, 1928.
H. T. ESTES: Henry County Superior Court; March term 1928; manufacturing liquor; $200.00 and 3 months in jail or 12 months in gang; applicant has paid fine and served portion of jail sentence; commuted to present service October 1, 1928.
EDWIN WILLIAM SCOTT ALIAS E.W. FIELDS: Misdemeanor-felony; applicant is a British Subject and Federal Authorities have asked for them to deport him; commuted to present service October 1, 1928.
56
Jou:aJrAL o:r THE SEliATE,
VERNON COREY: Bulloch Superior Court; October term 1927; burglary; 1 year; recommended by trial judge, solicitor-general and others: commuted to present service October 1, 1928.
ARTHUR BLOSS: Coweta Superior Court; March term 1921; statutory.
J. B. MANER: Fulton Superior Court; September
term 1927; larceny of auto; 2 to 5 years; good record and recommended by judge; commuted to present service October 4, 1928.
WADE JOHNSON: Jones Superior Court; May term 1924; rape; death; recommended by eleven jurors, foreman of grand jury, hundreds of citizens, and four physicians on account of defendant's mental condition; commuted to life imprisonment October 6, 1928.
GEORGE GOODWYNE: Dooly Superior Court; November term 1927; violating motor law; 12 months; recommended by trial judge, solicitor-general and jurors; commuted to present service October 9, 1928 upon payment of $50.00 fine.
MIRABEAU GARY: Baldwin County Superior Court; January term 1927; perjury; 4 years; recommended by trial judge, solicitor-general, and county officials; commuted to present service October 11, 1928.
WILL BENNETT: Criminal Court of Atlanta; September term 1926; violating prohibition law; $75.00 and 8 months suspended sentence; fine has been paid and for two years applicant has conducted himself as a law abiding citizen; commuted to present service October 12, 1928.
FRANK RUSSOM: Wilcox Superior Court; November term 1927; possessing and selling liquor; $400.00 and 4 months; recommended by many citizens, county officers, and trial jurors; commuted to present service October 12, 1928 upon payment of fine of $50.00.
F:aroAY, JuNE 28, 1929.
57
C. R. RAY: City Court of Brunswick:; May term 1928; violating prohibition law; 6 months and 10 months; recommended by trial judge; commuted to present service October 12, 1928 upon payment of $150.00.
VIRGIL STEWART: Crisp Supreme Court; July term 1928; having liquor; 3 months in the common jail and also chaingang sentence to be served on proba.tion upon payment of $50.00; trial judge recommends jail sentence be commuted to present service upon payment of $50.00; Commuted to present service October 23, 1928 upon pay~en t of $50.00. Not recommended by Prison Commisston.
CHARLIE JOHNSON: Spalding Superior Court; October term 1927; forgery a.nd uttering forged check; 1 year and 1 year; recommended by trial judge; commuted to present service November 1, 1928.
ROY CRAWFORD, ALEX FERGUSON AND A. J.
WILDER: Taylor Superior Court; April term 1928; cheating and swindling; 12 months ea.ch on the chaingang; a.mount involved wa.s $5.00 and prisoners ha.ve now served seven months with good records; commuted to present service November 8, 1928.
MRS. ANNIE ANDERSON: City Court of Reidsville; September term 1925; violating prohibition la.w; 6 months and $200.00; recommended by present judge, solicitor, sheriff a.nd clerk of Superior Court; commuted to present service November 20, 1928 upon payment of fine of $200.00.
EULA MAY THOMPSON: Murray County Superior Court; February term 1928; murder; death; evidence does not show a conspiracy to take life of deceased but probably at the most a conspiracy to rob. Two other lives have already been taken for the life of deceased; commuted to life imprisonment and service November 21, 1928.
58
JouRNAL oF THE SENATE,
RALPH STRAWDER: Colquitt County Superior Court; April term 1928; possessing whiskey; 12 months or $800.00; recommended by solicitor-general; commuted to present service November 22, 1928.
WYLIE DAVIS: Bibb County Superior Court; April term 1928; assault to rape; 1 to 2 years; recommended by trial judge and solicitor-general; commuted to present service November 24, 1928.
JOHN PAT QUILLIAN: Whitfield County Superior Court; April term 1924; stealing cotton; 1 year to 1 year and 1 day; recommended by solicitor-general, jurors, prosecutor, county officers and many citizens; commJted to present service January 23, 1929.
DORMAN VAUGHN: Fayette County Superior Co-..rrt; September term 1924; assault with intent to rape; 15 to 20 years; recommended by trial judge; commuted to present service January 24, 1929.
T. W. PATRICK: Jasper County Superior Court; February term 1928; distilling; 12 months or 6 months and $100.00; recommended by trial judge, jurors, county officers and citizens; commuted to present service January 24, 1929 upon payment of $100.00.
T. N. WHITE: City Court of LaGrange; September term 1928; violating prohibition law; S200.00 or 12 months; recommended by judge and solicitor; commuted to present service upon payment of $150.00.
LIZZIE FREEMAN: City Court of Macon; June term 1928; violating prohibition law; S200.00 or 9 months; served more than half the term with good record; recommended by Warden; commuted to present service upon payment of S75.00. January 24, 1929.
PAUL HOLLIS: Superior Court of Clarke County; April term 1928; larceny of automobile; 1 to 2 years; recommended by trial Judge and solicitor-general; commuted to present service; January 24, 1929.
FRI:r.aY, JuNE 28, 1929.
59
JAMES MOTE: Superior Court of Clarke County; larceny of automobile; term April 1928; 1 to 2 years; recommended by trial judge and solicitor-general; commuted to present service January 24, 1929.
JOE NELSON: Mitchell County Superior Court; OctOber term 1912; murder; life imprisonment; on account of physical condition and long faithful service; commuted to present service January 24, 1929.
HARRISON DENSON: Tattnall Superior Court; July term 1913; burglary; 15 years; long service, poor health and statement of trial judge; commuted to present service January 30, 1919.
WILL SMITH: Echols Superior Court; September term 1912; murder; applicant served about 14 years and is now in tubercular camp; life; commuted to present service January 30, 1929.
FRED PRYOR: Pike County Superior Court; July Adj. term 1927; rape; 2 years; recommended by citizens jurors, solicitor-general, judge and evidence is very weak; commuted to present service January 31, 1929.
SHELLEY WARD: City Court of Bainbridge; September term 1928; having whiskey; 12 months and 12 months and 8 months in jail; recommended by solicitor; commuted to present service upon payments of costs $108.75 March 7, 1929.
C. D. ROBERTS: Burke Superior Court; November term 1928; violating prohibition law; 12 months; recommended by the trial judge; commuted to present service March 7, 1929.
GEORGE FLETCHER AND DAVID HARRELL City Court of Brunswick; March term 1928; larceny; 12 months in each two cases; commuted to present service March 7, 1929.
BEN RAMSEY: McDuffie Superior Court; September term 1921; mule stealing; 10 to 12 years; has served
60
JOURNAL OF THE SENATE,
more than 7 years with good record; commuted to present service March 7, 1929.
JOHN SMITH: Douglas City Court; Summer term 1928; public drunkenness; $60.00 and 8 months suspended sentence; recommended by trial judge and applicant has already paid the fine originally imposed; commuted to present service March 28, 1929.
APRIL HENDRICKS: Newton Superior Court; September term 1923; larceny, horse stealing; 6 to 10 years; account of good prison record and poor physical condition; commuted to present service April 11, 1929.
0. L. BLACK: Cobb Superior Court; March term 1925; manslaughter; 1 to years; recommended by Judge, court officials, jurors; commuted to present service April 11, 1929.
ZAN PITTS: Harris Superior Court; September term 1928; manufacturing liquor; 12 months; recommended by trial judge; commuted to present service April 18, 1929.
J. A. CLAY: LaGrange City Court; March term 1928; violating prohibition law; $100.00 or 8 months; applicant has served about three weeks and deposited the sum of $100.00 to pay fine; commuted April 20, 1929.
JIM HOLCOMB: Newton Superior Court; July term 1927; burglary; 4 years and 4 years; recommended by trial judge and solicitor-general; commuted to present service April 30, 1929.
JOHN THOMAS: Fulton Superior Court; September term 1926; larceny from House; 3 to 7 years; recommended by county commissioners, warden, county attorney and county physician, ordinary and sheriff; commuted to present service May 1, 1929.
T. W. HARRELL: Catoosa Superior Court; August term 1927; burglary; 5 years; recommended by trial judge; commuted to present service May 2, 1929.
F:aiDAY, JuN:& 28, 1929.
61
WINTON LANDRUM: Fulton Superior Court; March term 1927; larceny; 3 to 5 years; recommended by trial judge; commuted to present service May 9, 1929.
BROWN S"'WFORD: Crisp Superior Court; October term 1928; simple larceny; 10 months; clemency is recommended by trial judge and solicitor-general; commuted to present service May 9, 1929.
GEORGE EBERHART: Fulton Superior Court; March term 1928; assault to murder; $500.00 and 12 months, suspended on payment of fine; recommended by prosecutrix; commuted to present service on payment of $200.00.
ED LAW: Ludowici City Court; February term 1929; possessing liquor; 12 months. Recommended by trial judge; commuted Ma.y 00, 1929.
C. M. LEWIS: Early Superior Court; April term 1928; violating prohibition la.w; 12 months and 12 months (2 cases); recommended by trial judge; commuted May 00, 1929.
ED HARTLEY: Richm.ond Superior Court; May term 1928; murder; dea.th; recommended by jurors, tria.l judge a.nd solicitor-general; commuted May SO, 1929.
JUAN GOHN) LAZZARUS: Fulton Superior Court, March term 1925; felony; 3 to 5 years and 2 to 3 years; delivered to U. S. Department of Labor for deportation; commuted June 5, 1929.
WALTON BUTTS: Jasper Superior Court; August term 1928; involuntary manslaughter; 2 to 3 years; recommended by trial jurors and solicitor-general; commuted June 7, 1929.
Ji\MES E. WEST, JR.: Fulton and DeKalb Superior Courts; January, March a.nd September terms 1927; misdemeanor and larceny of a..tto; 18 months; 2 to 5 years;
62
JouRNAL OF THE SENATE,
1 to 5 years; recommended by trial udge, solicitor-general and sheriff; commuted June 20, 1929.
D. B. BROOKINS: Muscogee Superior Court; February term 1928; murder; death; deceased was notorious for lewdness and whiskey drinking and her conduct enraged him, and she forced him out of his home and business; commuted June 20, 1929 to life imprisonment.
JOHN RUSHING: Muscogee Superior Co.1rt; murder; death; on account of the conduct of deceased, the said defendant became enraged and unbalanced to the extent that immediately following the act he undertook to take his own life; corr1muted to life imprisonment June 19, 1929. Not recommended by Prison Commission.
PROBATION: All probations recommended by the Prison Commission except where stated.
HIRAM COLLINS: City Court of Metter (Candler County); June and N ovemher 1926 term; violating prohibition law; 12 months and 12 months; probated July 18, 1927.
ALFONS GREEN: Atlanta Criminal Court; December term 1926; vagrancy; 12 months; greater part of sentence has been served and prisoner has been offered immediate employment at good wages; probated July 21, 1927.
ERNEST WEAVER: Catoosa Superior Court; February term 1927; transporting liquor; 12 months at State Farm; prisoner is in advanced stage of tuberculosis; probated July 23, 1927. Not recommended by Prison CommiSSion.
JAMES COLLINS: City Court of Jesup; April term 1927; simple larceny; 12 months or $250.00; recommended by court officials; probated August 16, 1927 upon payment. of $75.00.
63
C. E. JETER: Decatur Superior Court; November adj. term 1925; fornication; 12 months, 6 months in jail and $1,000.00; recommended by trial judge and many citizens; probated August 18, 1927.
EUGENE WINKLES: City Court of Newnan; July term 1927; violating prohibition law; 7 months; recommended by Judge and solicitor; probated September 8, 1927.
DIMMIE LEE: Henry County Superior Court; March term 1927; making liquor; 12 months; recommended by trial judge and many citizens on account of poverty condition of family; probated September 16, 1927.
J. M. BATES: Carroll County Superior Court; April term 1927; misdemeanor; 12 months; recommended by warden, guards, county commissioners and citizens; probated September 20, 1927.
CHARLIE KNIGHT: City Court of Cartersville; March term 1927; operating auto while intoxicated and carrying concealed weapons; $50.00 and 3 months or 6 months and $25.00 and 2 months or 4 months; recommended by judge and solicitor; probated September 29, 1927 upon payment of $200.00.
W. P. (DOCK) RHODES: Burke County Superior Court; October term 1926; manufacturing liquor; 12 months; recommended by trial judge, solicitor-general and large number of citizens; recommended; probated October 6,1927.
CHARLIE JONES: Atlanta Criminal Court; February term 1927; violating prohibition law; 12 months; half a sentence has been served with good record; the amount of whiskey involved was only a half pint; probated October 6, 1927.
FELIX MOOREHEAD: City Court of Athens; November term 1926; violating prohibition law; three six
64
JouRNAL oF THE SENATE,
months sentences; recommended by judge, solicitor and sheriff; probated October 13, 1927.
ED TIDWELL: Henry County Superior Court; May term 1927; misdemeanor; 12 months; prisoner has served more than half of sentence with good record, he has large family without any support; probated November 10, 1927.
CHARLES GRACE, JR.: City Court of Floyd County; June term 1924; violating prohibition law; $200.00, costs and 12 months; recommended by trial judge; probated November 17, 1927.
E. W. SMITH: Clarke County Superior Court; Janu-
ary term 1924; having liquor; $50.00 and 12 months; recommended by judge and solicitor-general; probated December 1, 1927.
JAMES LARMAN: Catoosa County Superior Court; February term 1927; violating prohibition law; 12 months; only one month of sentence left to serve and prisoner in poor physical condition; probated December 1, 1927.
RAYMOND LEDFORD: City Court of Fairburn; September term 1927; fornication; 12 months; recommended by trial judge; probated December 15, 1927.
JULIAN BRANTLEY: City Court of Valdosta; July term 1927; violating prohibition law; 12 months; recommended by solicitor city court of Valdosta; probated December 15, 1927.
WILL EDWARDS: Henry County Superior Court; March term 1927; manufacturing liquor; 12 months; recommended by prohibition enforcement officer, county officials and citizens of Henry County; probated December 16, 1927.
R. M. SELLERS: City Court of Baxley; May term 1927; City Court of Baxley; possessing whiskey; 12 months; recommended by county officials; probated December 19, 1927.
FRIDAY, JuNE 28, 1929.
65
ROZIER CONNER: DeKalb Superior Court; September term 1927; larceny of automobile; 9 months; onethird of sentence has been served and applicant's physical condition is such that death is likely to occur at any time; probated December 22, 1927. Not recommended by Prison Commission.
G. R. BEASLEY: City Court of Savannah; October term 1927; indency; 6 months; recommended by judge; probated February 10, 1928.
HENRY METCALF: City Court of Floyd County; November term 1927; misdemeanor; 12 months; recommended by trial judge and solicitor-general; probated February 14, 1928.
MARCUS GIBBS: Decatur Superior Court; May term 1922; escaping; 10 months; recommended by trial judge probated February 17, 1928.
LOUIS LANEY: Houston County Superior Court; August term 1928; misdemeanor; 12 months; recommended by trial judge and solicitor-general;. probated February 23, 1928.
NORMAN JACKSON: Superior Court of Gordon County; February term 1927; robbery and carrying pistol; 12 months and S100.00 or 6 months; recommended by judge and solicitor-general; probated February 24, 1928.
M. L. WINFREY: Gordon Superior Court; February term 1927; robbery and carrying pistol; 12 months and $100.00 or 6 months; .recommended by judge and solicitorgeneral; probated February 24, 1928.
ED BAILEY; Worth County Superior Court; July term 1927; forgery; 12 months; recommended by trial judge; probated March 1, 1928.
BOB (R. W.) MILLER: City Court of Fairburn; June 'term 1927; possessing whiskey; 10 months and 6 months; recommended by judge and prosecutor; probated April 12, 1928.
66
JoUllNAL OF THE SENATE,
BILL LIVELY: City Court of Sylvania; June term 1927; larceny (2 cues); $150.00 or 9 months ea.ch; recommended by triw judge; pmba.ted April 19, 1928.
RALPH JONES: City Court of Fa.irburn; Ja.nuary term 1928; being drunk on public highway; 6 months; recommended by triw judge, solicitor-general; pmba.ted May 10, 1928.
GEORGE WILSON: City Court of Thomasville; June term 1927; misdemeanor (2 cases) ; 10 months and 9 months; recommended by prosecutor; probated Ma.y 11, 1928.
JOE CREDELL: Troup Superior Court; August term 1927; larceny after trust; $200.00 or 12 months; probated June 7, 1928 upon payment of $50.00 fine.
WILLIE McMILLAN: City court of Sylvania.; August c&ll term 1927; possessing, transporting and selling whiskey; 12 months in 3 cases, consecutively; recommended by trial judge and solicitor.
TILLMAN W. JOYNER: City Court of Sylvania; September call term 1927; drawing and uttering worthless check and cheating and swindling; $100.00 and 3 months; 8100.00 and 3 months and $100.00 and 2 months; recommended by judge and solicitor.
ROSCOE BAILEY: City Court of Griffin; April term 1928; assa.ult and bllttery; 6 months; recommended by trial judge, solicitor, county officials and superintendent of schools; probated July 23, 1928.
DAVE MITCHELL: Jones County Superior Court; October term 1927; manufR.Cturing liquor; 6 months llnd 12 months; recommended by trial judge; probated July 24, 1928.
WILL BARROW, ALIAS BARRETT: Green County Superior Court; distilling; October term 1927; 12 months; recommended by trial judge, city officials and citizens; probated August 2, 1928.
FamAY, JuNE 28, 1929.
67
GLENN WINGO: DeKalb Superior Court; June term 1927; violating prohibition law; 12 months (and 12 months in City Court previously); recommended by trial judge; probated August 2, 1928.
JENE JONES: Meriwether Superior Court; February adjourned term 1928; burglary; 6 months; recommended by all county officials and large number of citizens on account of applicant's age, which is 17 years; probated August 2, 1928.
HERBERT McCORMICK: Pulaski Superior Court; December term 1927; 12 months or 3 months and S50.00; recommended by county officials; probated August 9, 1928.
BERT '\iVRIGHT: City Court of Douglas County; May term 1927; misdemeanor; 8 months or $75.00; 3 months with good record has been served; probated August 16, 1928.
HOMER HARPER AND SAM MATHEWS: Superior Court of Carroll County; April term 1928; making liquor; S500.00 or 12 months; recommended by trial judge. A part of sentence has been served with good record; pro- . bated September 6, 1928 upon payment of $100.00 each.
LONNIE (L. D.) HODGES: Superior Court of Walton County; August term 1925; having liquor; 12 months and S250.00 fine; fine has been paid and a part of sentence served with good record; probated September 20, 1928.
WALTER AVERY: Crisp Superior Court; April term 1927; violating prohibition law; 5 months and fine or 12 months; 6 months jail sentence and 6 months of chaingang sentence has been served with good record; probated September 24, 1928.
B. F. THORNTON: City Court ofLaGrange; December term 1923; misdemeanor; 12 months each in eight cases; recommended by trial judge, solicitor, county officials and
68
JOURNAL OF THE SENATE,
prominent dti2ens of LaGrange; probated September 26, 1928.
MOSE CM. A.) DALRYMPLE: City Court of Waycross; June term 1928; possessing liquor; 12 months; recommended by trial judge; probated October 1, 1928.
LEWIS FELTMAN: Superior Court of Henry County; February term 1928; drunk on highway and driving car while intoxicated; 6 months or $50.00; 12 months or $100.00; trial judge and solicitor recommend; probated October 18,1928.
OLLIE ASPINWALL: Wayne Superior Court; April term 1927; manufacturing whiskey; 12 months or 6 months and $200.00; recommended by solicitor-general; probated October 18, 1928 upon payment of $100.00.
MONROE HILL: Macon County Superior Court:, November term 1927; manufacturing whiskey; 12 months or 6 months and $90.00; fine has been paid and greater part of sentence served; probated October 26, 1928.
LILLIE BATES: Columbia Superior Court; March term 1928; violating prohibition law; 12 months; recom. mended by solicitor-general; probated October 26, 1928.
J. W. STREET: City Court of Jesup; July term 1927 having whiskey; 12 months or $750.00; on account of applicant's mental and physical condition. trial judge recommends clemency; probated November 20, 1928.
LABORN PALMER AND FARRIS PRICE: Montgomery County Superior Court; May term 1928; misdemeanor; 12 months each; half of sentences have been served; probated November 22, 1928 upon payment of $50.00 each.
MERRILL LEVERETTE: Webster County Superior Court; October term 1928; possessing liquor; 12 months or S months and $250.00; a part of sentence has been served with good record; probated January 11, 1929.
FRIDAY, JuNE 28, 1929.
69
JERRY KNIGHT: Seminole Superior Court; larceny from house; 8 months and 8 months and 8 mos.; Judge Yeomans recommends clemency and physician states ap. plicant has tuberculosis; probated January 11, 1929.
GEORGE HENDERSON: City Court of Americus; January term 1928; cheating and swindling; (2 cases) 10 months or $100.00 (each): one sentence with good record has been served, applicant has lost one eye since serving and other is affected; probated January 24, 1929.
ANGELO PRINCE: City Court of Brunswick; November term 1928; violation of prohibition law; 12 months; recommended by trial judge; probated January 24, 1929 upon payment of $200.00.
LEWIS HIGHTOWER: City Court of Barnesville; July term 1927; possessing whiskey; $500.00 or 12 months; recommended by trial judge and solicitor.general.
JAMES BURDEN: City Court of Danielsville; October term 1928; stealing ride on train; $50.00 or 6 months; recommended by trial judge; probated January 24, 1929.
OLIN WADDELL: City Court of Greenville; October term 1927; possessing whiskey; 12 months; recommended by the trial judge, the prosecutin_g attorl!_ey and the jurors; probated January 24, 1929.
C. C. BOYER: Crisp Superior Court; October term )928; having lis_uor; 6 months or $200.00 and 12 months; recommended by trial judge; probated January 24, 1929.
T. M. WATSON: Sylvester City Court; August term 1928; possessing whiskey; 12 months or $400.00; recommended by the judge and solicitor of city court, by county officials, including the solicitor-general; probated January 24, 1929.
FLORENCE ROBERSON: City Court of Adanta; December term 1926; violating prohibition law; recommended by Prison Commission that applicant be allowed
70
JOURNAL OF THE SENATE,
to serve remainder of sentence on probation; probated January 24, 1929.
EMMETT DIXON: Pike Superior Court; November term 1928; larceny; 4 mont~s; recommended by trial judge and solicitor-general; probated January 24, 1929.
WALTER JORDAN: City Court of Americus; June term 1928; peeping; probated January 24, 1929.
HENRY WILLIAMS: City Court of Cartersville; violating prohibition law; 12 months; 12 months; recommended by trial judge; probated January 24, 1929.
HERMAN JOHNSON: Bibb Superior Court; May term 1928; assault and battery; 12 months; recommended by jurors and solicitor-general; probated January 24, 1929.
JOSEPH FIORE: City Court of Brunswick; November term 1928; violating prohibition law; 12 months; recommended by trial judge; probated January 30, 1929.
LESTER PERDUE: Jackson Superior Court; October term 1927; possessing liquor; 850.00 or 12 months; recommended by solicitor; probated March 5, 1929.
ROWE BEATY: City Court of Decatur; September term 1926; operating automobile intoxicated; 12 months; recommended by judge; probated March 2, 1929.
TOM SIMS: Fayette Superior Court; August adj.term 1927; misdemeanor; 12 months; recommended by trial judge; probated March 21, 1929.
JOE HARRIS AMERSON: Sandersville City Court; October term 1928; possessing liquor; 12 months or S250.00; recommended by trial judge; probated March 21, 1929.
ANDERSON HOUSTON: Stewart Superior Court; April term 1928; having and selling liquor; 6 months or $35.00; 12 months or 3 months and $100.00; paid fines in
FRIDAY, JuNE 28, 1929.
71
two cases; served since August 1, 1928 with good prison record; probated March 21, 1929.
GEORGE HA1VIMOND: Walton Superior Court; August term 1928; making liquor; 9 months; recommended by judge and solicitor-general; probated March 21, 1929.
ALF EDWARDS: Mitchell Superior Court; September term 1927; concealed pistol and misdemeanor; 12 months and 12 months; recommended by trial judge; probated March 21, 1929.
JODIE AIKEN: Paulding Superior Court; August term 1926; manufacturing liquor; 1 to 2 years; recommended by trial judge; probated March 21, 1929.
GEORGE MINCEY: Swainsboro City Court; intoxication; 12 months; recommended by trial judge; probated March 28, 1929.
FRANK MANN, ALIAS McMINN: Murray Superior Court; November term 1926; larceny; 3 twelve mos. sentences; recommended by a number of citizens including the sheriff; probated March 28, 1929.
HENRY WILLIAMS: LaGrange City Court; November term 1928; violating prohibition law; 8 months; recommended by solicitor, prominent citizens and county officials; probated April 11, 1929.
LAFAYETTE STALLINGS: Tift Superior Court; August term 1928; violating prohibition law; on account of physical condition; served 7 months with good record; probated April 25, 1929.
LEON KIRKPATRICK: Fulton Superior Court; January term 1929; burglary; 12 months and 12 months; recommended by judge and solicitor-general; probated April 2:1, 1929.
WILL WOODS: Sumter Superior Court; November term 1927; stealing, cheating and swindling; 12 months
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JouRNAL oF THE SENATE,
and 12 months or $100.00; served since December 2, 1927 with good record, which covers the entire service in the first case and about 5 months on second; probated May 9, 1929.
HURST PETERS: Walton Superior Court; May term 1925; violating prohibition law; $400.00 and costs and 12 months suspended sentence; recommended by trial judge and solicitor-general; probated May 9, 1929.
PUG CLARKE: Lexington City Court; February term 1929; gambling; 12 months; recommended by judge; pro bated May 16, 1929.
ROBERT MCCULLOUGH: Pulaski Superior Court; December term 1928; assault and battery; 12 months; recommended by judge, solicitor-general and county officials; probated May 16, 1929.
WALTER COBLER: Newton Superior Court; assault to rob; 12 months; recommended by trial judge and solicitor-general; probated May 16; 1929.
BASS HUFF: Pike Superior Court; November term 1928; manufacturing whiskey; 12 months; recommended by trial judge and solicitor; probated May 16, 1929.
FRED HARVEY: City Court of Oglethorpe; January term 1928; selling liqu'or; 12 months or 6 months and $100.00; prisoner is 65 years of age and in poor health and has served two months; probated upon payment of fine of $50.00 May 18, 1929.
M. C. MANSON: Waycross City Court; misdemeanor; 12 months; recommended by trial judge; probated May 23, 1929.
EMMETT ISON: Henry Superior Court; Septembet term 1928; selling liquor; 12 months; recommended by trial judge and approved by solicitor-general; probated May 23, 1929.
FRIDAY, JuNE 28, 1929.
73
B. B. BERRY: Henry Superior Court; September term 1928; violating prohibition law; 12 months; recommended by trial judge, solicitor-general and county officials; probated May 25, 1929.
J. M. BRUCE: Fairburn City Court; April term 1929; simple larceny; 9 months; recommended by the solicitor and prosecutor; probated June 11, 1929.
PARDONS: All pardons recommended by Prison Commission except where stated.
0. G. (OTIS) MCCANTS: Taylor Superior Court; October term 1924; embezzlement; 4 to 6 years; recommended by the present judge, solicitor-general, nine of the jurors and many citizens and officers; pardoned July 14, 1927.
W. B. (WILL) SWINT: Floyd Superior Court; July term 1924; dynamiting residence; life; on account of statements of solicitor-general and employed counsel; pardoned July 21, 1927.
FRANK P. WEBB: Fulton Superior Court; June term 1924; robbery; 2 cases 3 to 10 years, three cases (5 cases) ; youth of the applicant when crimes were committed, letters attesting to his good character prior to conviction, recommendations of many good citizens where he was convicted, his good prison record and recommendation of the presiding judge--has served more than 3 years of sentences; pardoned August 4, 1927.
LELAND L. HARVEY: Fulton Superior Court; May term 1924; robbery and larceny of auto; 3 to 10 years, 2 to 10 years, 1 to 5 years, 2 to 10 years, 2 to 10 years and 20 years; youth of the applicant when the crimes were committed, and recommendation of the trial judge; pardoned August 4, 1927.
74
JOURNAL OF THE SENATE,
BOB HOLMAN: Barrow Superior Court; October term 1926; burglary; 12 months; recommended by prosecutors, 11 of the jurors and the concurrence of the trial judge-served 6 months out of the 12 months; pardoned August 11, 1927.
REECE NASWORTHY: Emanuel Superior Court; April term 1925; arson; 2 years; recommended by presiding judge, solicitor-general, trustees of school that was burned and others; pardoned August 18, 1927.
WAYNE HARDIN: Carroll Superior Court; October term 1926; rape; 2 years; the trial judge certifies that "this young man belongs to a good family" and recommends full pardon in order that his citizenship may be restored. Pardoned August 25, 1927. Not recommended by Prison Commission.
BEN BELL AND GLENN JORDAN: Carroll Superior Court; October term 1926; rape; applicants were sentenced to a term of one year. The trial judge certifies that "these young men belong to good families" and recommends full pardon in order that their citizenship may be restored; pardoned August 25, 1927. Not recommended by the Prison Commission.
LON LITTLE: Cobb Superior Court; robbery; 6 to 10 years; it appears that this applicant will be eligible for parole on the 28th of this month, the trial judge recommending same; pardoned September 21, 1927.
HOMER DORSEY: Spalding Superior Court; January term 1917; burglary; 6 years; recommendation of trial judge, who says he has reached conclusion applicant is not guilty; pardoned September 22, 1927.
JOE W. ROZIER: Harris Superior Court; July term 1926; manufacturing liquor; 2 to 4 years; run over and seriously injured by truck while at work in county road gang, has excellent prison record, and clemency is recommended by the trial judge, solicitor-general and county
FlUDAY, JuNs 28, 1929.
75
officers of Harris County-has served one year of a two year sentence; pardoned September 29, 1927.
VERNON MIMBS: Laurens Superior Court; assault to murder; 2 to 3 years; the attending physician in this ease certifies that the applicant can hardly live longer than a period of thirty-eight hours due to injuries sustained in an automobile wreck while he was driving a truck; pardoned October 1, 1927. Not recommended by Prison Commission.
M. M. MICKEL: Brooks Superior Court; May Adj. term 1925; embezzlement; 3 to 5 years and 1 to 5 years; recommendation of firm whose funds were used by the applicant, representatives in the legislature from Brooks County, ordinary, sheriff, clerk of Court and many citizens; pardoned October 6, 1927.
FRED NEW: Gwinnett Superior Court; September term 1919; robbery; 10 to 14 years; this applicant was given a eonditional pardon by former Governor Walker. Since that time he has plead guilty to the offense of misdemeanor and given a sentence of 12 months, which sentence he has served. The solicitor-general, the judge and the deputy warden certify that he has made a model prisoner under the la.st sentence served; pardoned October 13, 1927. Not recommended by Prison Commission.
HAMMOND KENNEDY, ROBT. COLLINS, LIND-
SAY BUSSEY AND FRED DAVIS: Columbia. Superior
Court; September term 1926; assault and battery; 10
months each; judge recommends commutation to fines
and the solicitor general recommends pardon; pardoned
October 15, 1927.
MONROE COOPER: Atlanta Criminal; September term 1926; violation prohibition law; 12 months and $100.00. Sentence suspended on payme tt of fine; it being made to appear that the defendant in the above stated case paid the fine imposed by the court, and was released by the
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JouRNAL oF THE SENATE,
sheriff, and it further being made to appear that the defendant has never been delivered to the P ..1blic Works of Fulton County, Georgia, and that he is desirous of taking a Civil Service Examination; pardoned October 15, 1927. Not recommended by Prison Commission.
LOVICK ALEX.>\NDER: Paulding Superior Court; August Adj. term 1926; arson; 1 year; on November 27th applicant will have completed his full term of one year, and since statements from Dr. J. I. Matthews show that applicant is convalescing from typhoid fever and can be of no further service to the State, it is believed that by pardoning and restoring his citizenship, he will make a good citizen of the State; pardoned October 18, 1927.
GEORGE W. HARRIS: Wayne Superior Court; April term 1922; manslaughter; 10 to 20 years; pardoned October 18, 1927 (Statutory).
FRED, ALIAS 'WALTER E. FISHER: Fulton Superior Court; November term 1925; larceny of auto; 4 to 5 years; State Farm physician certifies that applicant is suffering with acute tuberculosis in both lungs; pardoned October 21, 1927.
ALBERT LILLY: Crisp Superior Court; April term 1927; larceny from the house; 10 months; pardon for this applicant is requested by county commissioners, county physician and the judge, also on account of advanced stage of tuberculosis and for further reason he would likely infect other prisoners; pardoned October 21, 1927. Not recommended by Prison Commission.
R. L. FOUTS: Gordon Superior Court; August term 1926; forgery; 2 to S years; evidence shows no one was defrauded; pardoned November 3, 1927.
BENNIE HICKMAN: Jenkins S:1perior Court; September term 1924; voiuntary manslaughter; 5 to 10 years; recommended by trial judge, solicitor-general; county
FRIDAY, JUNE 28, 1929.
77
commissioners, warden in charge, jurors and others; pardoned November 10, 1927.
DAN SCOIT: Danielsville City Court; January term 1927; possessing liquor; $75.00 and 6 months, suspended sentence; recommended by judge and solicitor; pardoned November 17, 1927.
0. B. MCMANUS: Waynesboro City Court; April term 1927; violating prohibition law; 6 months; recommended by judge and solicitor of the City Court of Waynesboro; pardoned November 26, 1927. Not recommended by Prison Commission.
LUTHER PUTNAM: Fulton Superior Court; March term 1927; larceny; 2 to 5 years; account of bad physical condition; pardoned December 1, 1927.
LINTON B. DAVIS: Grady Superior Court; March term 1925; embezzlement; $700.00 or 6 months in jail; recommendations of officials and citizens; pardoned De.:ember 15, 1927.
NOAH CRUMLEY: Wilcox Superior Court; December term 1918; manslaughter; 16 years; pardoned December 23, 1927-(Statutory)
FRED MULL: Fulton Superior Court; October term 1924; larceny of auto; 2 to 5, 1 to 5 and 1 to 5; in view of the record of the prisoner, it is recommended that the last two sentences of 1 to 5 years each run concurrent with the 2 to 5 year sentence; pardoned December 15, 1927.
FRANK PEYTON: Fulton Superior Court; January term 1927; theft of automobile; 1 to 3 years; the trial judge recommends clemency; county physician certifies that the defendant's injuries are of such nature as to prevent any work before eligible for parole, which is February 2, 1928; pardoned December 17, 1927. Not recommended by Prison Commission.
78
JouRNAL OF THE SENATE,
HUBERT BEARD: Banks Superior Court; September term 1926; voluntary manslaughter; 2 to 4 years; applicant has served more than one year with an excellent record; pardoned December 19, 1927.
EDD HENDRIX (E. N. HENDRIX): restored.
Citizenship
JIM BARNWELL: Fulton Superior Court; December term 1925; forgery; 2 years; recommended by the prosecutor, doubt of guilt and good prison conduct; pardoned December 22, 1927.
CARL F. MALLIES: Fulton Superior Court; January term 1926; larceny of auto; 2 to 5 years; recommended by trial judge and city detective; pardoned December 21, 1927.
SIDNEY VANCE ROGERS: Fulton Superior Court; November term 1926; bigamy; 2 to 4 years; it appears that applicant's former wife recently died suddenly, leaving five small children on public charity at Hagerstown, Md., which is cause for pardon; pardoned January 13, 1928. Not recommended by Prison Commission.
THOS. 0. MARTIN: Putnam Superior Court; September term 1926; assault to murder; 2 to 5 years; recommended by many of the best citizens of Putnam County, and of other sections of the State; pardoned February 9, 1928.
H. C. HENDERSON: Fulton Superior Court; larceny after trust; 1 to 3 years; applicant has served one year on the public works of the State and completed that sentence August 1927. He is now serving the balance of the term under parole, and desires to go to the State of North Carolina, where he can obtain regular employment and become a good citizen; pardoned February 15, 1928. Not recommended by Prison Commission.
J. HERSCHEL CHARLES: Gilmer Superior Court;
1919; voluntary manslaughter; 10 years; applicant was
FRIDAY, jUNE 28, 1929.
i9
commuted to present service in September, 1925, and it appears from statements by reliable citizens of Ellijay, Gilmer County, that he has conducted himself in an orderly manner; pardoned February 15, 1928. Not recommended by Prison Commission.
M. C. STONER: Fulton Superior Court; March term 1926; larceny after trust; 2 to 5 years; recommended by judge and solicitor-general; pardoned February 16, 1928.
J. M. PHELPS: Fulton Superior Court; March term 1925; violating prohibition law; fine S1,000.00 and two 12 month sentences; enforcement of chaingang sentences was suspended by the court; fine was paid, and had chaingang sentences been served they would have expired more than a year ago; recommended by reputable citizens; pardoned March 8, 1928.
RALEIGH GARLAND: Rabun Superior Court; February term 1922;manslaughter; 1 to 2 years; good conduct and previous character; pardoned March 30, 1928. Not recommended by Prison Commission.
FRANK HAMBY: Gilmer Superior Court; May term 1915; involuntary manslaughter; 2 years; served sentence, which expired in 191i; citizenship restored March 30, 1928. Not recommended by Prison Commission.
JOHN HART: Cook Superior Court; November term 1924; perjury; 4 years; recommended by trial. judge, solicitor-general who represented the State at the trial, the present incumbent of the solicitor-general's office, the grand jury of Cook County, prosecutors and others; pardoned April 5, 1928.
LOYD EVANS: Floyd Superior Court; January term 1926; burglary; 3 to 5 years; recommended by trial judge, solicitor-general, other officials and many citizens; pardoned April 5, 1928.
J. R. (RICHARD) CALHOUN: Miller County Su-
perior Court; April term 1917; larceny of hog; restored to
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JouRNAL oF THE SENATE,
citizenship April 18, 1928. Not recommended by Prison Commission.
OHL (OL) GRIFFIN: Miller Superior Court; October term 1924; larceny of cow; citizenship restored April 18, 1828. Not recommended by Prison Commission.
J. B. (BRANT) NEWBERRY: Miller Superior Court; April term 1917; larceny of hog; citizenship restored April 18, 1928. Not recommended by Prison Commission.
G. D. HORNBUCKLE: Barnesville City Court; January term 1928; malicious mischief; 5 months; error in sentence; applicant sufficiently punisht;d and pardon recommended by trial judge; pardoned April 23, 1928. Not recommended by Prison Commission.
A. J. JOHNSON: Chatham County Superior Court; March term 1928; burglary; 1 to 2 years; recommended by judge; pardoned May 3, 1928.
H. R. FOSTER: Atlanta City Criminal Court; February term 1927; violating prohibition law; 12 months and $250.00; sentence (Prison); suspended; fine paid; recomme~ded by reputable citizens; pardoned May 17, 1928.
WADE BAGLEY: Bartow Superior Court; July adj. term 1924; burglary; 6 to 10 years; solicitor-general, who is now judge of the circuit, recommends clemency, the prisoner having served 3 years with good conduct; pardoned May 26, 1928.
J. MASON STRIBLING: Fulton Superior Court; Jan-
uary term 1927; larceny of automobile; 1 to 3 years; good record made while serving and the good conduct of the applicant under parole; pardoned May 31, 1928. Not recommended by Prison Commission.
GORDON DEESE: Miller Superior Court; April term 1924; larceny of an automobile tire; 3 months or a fine of $35.00; fine paid; citizenship restored June 7, 1928. Not recommended by Prison Commission.
FRIDAY, JuNE 28, 1929.
81
GLENN HOUSE: Fulton Superior Court; September term 1922; misdemeanor; $1,000.00 fine and 12 months suspended sentence; applicant paid fine and clemency recommended by the trial judge; pardoned June 25, 1928. Not recommended by Prison Commission.
JOHN JOHNSON, ALIAS ODUM: Henry Superior Court; September term 1926; manslaughter; 5 to 7 years; applicant has served more than one year of sentence; trial judge says there were extenuating circumstances; pardoned June 28, 1928.
DESSIE SHEPARD: Laurens Superior Court; January term 1927; seduction; 2 years, trial judge and solicitor-general state that they do not now believe the applicant guilty of the crime of which he was convicted, and recommend pardon; pardoned June 28, 1928.
CHARLES HENDRICKS: . Fulton Superior Court; February term 1927; larceny of automobile; 1 to 2 years; (STATUTORY)
W. I. BARNETT: Madison Superior Court; July term 1924; violating prohibition law; 12 months or $200.00 and 6 months; fine paid; recommended by judge and solicitorgeneral; pardoned July 11, 1928.
CHARLIE GHOLSTON: Danielsville City Court; January term 1927; possessing liquor; $75.00 and 6 months suspended sentence; fine was paid and applicant's conduct has been exemplary for more than 6 months. Pardon is recommended by judge and solicitor; pardoned July 24, 1928.
L. J. SIMPSON:
TORY)
Cobb Superior Court; (STATU-
TALMADGE ODOM: Fulton Superior Court; November term 19 .. ; larceny of auto; 1 to 2 years; fine paid, sentence suspended; applicant's life said to be exemplary since crime; pardoned August 7, 1928.
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JouRNAL OF THE SENATE,
TOM WILLIAMS: Taylor Superior Court; October term 1926; assault to murder; 2 years; served full term with good record; pardoned August 23, 1928. Not recommended by Prison Commission.
HAROLD ALMAND: DeKalb Superior Court; involuntary manslaughter; fine of S1,000.00 and 12 months; fine paid; sentence suspended; behavior exemplary since trial; pardoned August 17, 1928. Not recommended by Prison Commission.
CLAUD E. HUBBARD: Muscogee Superior Court; February term 1927; voluntary manslaughter; 1 to 2 years; citizenship restored August 17, 1928.
IVEY DRIGGERS: Tattnall Superior Court; October term 1926; manslaughter; 2 to 5 years; recommended by judge, representative in legislature, county officers and others; pardoned August 23, 1928.
G. D. GRAVES: Fulton Superior Court; November term 1926; larceny of auto; 1 to 5 years; it appears that applicant has made a good record and is conducting himself as becomes a good citizen; pardoned August 30, 1928. Not recommended by Prison Commission.
W. J. KRYDER: Muscogee Superior Court; Novem-
ber term 1927; changing auto number; 1 to 2 years; recommended by trial judge, solicitor-general and jurors; pardoned September 24, 1928.
ASA HAMMONDS: Clarke County City Court; February term 1926; possessing liquor; S300.00 or 12 months in 2 cases; recommended by trial judge; pardoned October 3, 1928.
WINNIE DEAN: Colquitt Superior Court; April term 1927; burglary; 5 years; youth of applicant and request of prosecutor, number of good citizens and school-mates for clemency; pardoned October 4, 1928.
FRIDAY, JuNE 28, 1929.
83
T. C. WALDRIP: Crisp Superior Court; July adj. term 1925; incestuous adultery; 5 to 7 years; doubt as to guilt of applicant, and recommendations of majority of jurors, citizens familiar with circumstances and parties, prosecuting solicitor-general and letter of trial judge; pardoned October 4, 1928.
V. F. TAYLOR: Atlanta Criminal Court; September term 1925; simple larceny; $250.00 fine or 12 months; applicant paid fine and appears since conviction to have led an upright life; pardoned October 18, 1928. Not recommended by Prison Commission.
SIM C. LAWHORN AND FLOYD LAWHORN: Tift Superior Court; July term 1922; murder; life; 'evidence would have authorized a verdict of manslaughter; applicant!s have served about 4 years; pardoned October 25, 1928.
ALEX ALEXANDER: Fulton Superior Co.1rt; September term 1923; misdemeanor; payment of fine of $250.00 in each of three cases and 12 months; presiding judge recommends pardon; pardoned October 26, 1928. Not recommended by Prison Commission.
J. M. HEAD: Clarke Superior Court; January term larceny after trust; 2 years; applicant has served all but few days of sentence; pardoned November 9, 1928. Not recommended by Prison Commission.
FREEMAN BURT: Colquitt Superior Court; April term 1927; seduction; the penitentiary; recommended by county officials and solicitor-general; pardoned November 15, 1928.
MO~ROE BAILEY: Fulton Superior Court; March term 1925; misdemeanor; fine of $1,000.00 and 12 months; fine paid and sentence of 12 months suspended; recommended by trial judge; pardoned November 15, 1928. Not recommended by Prison Commission.
JouRNAL OF THE SENATE,
GEORGE GORDY: Stewart S.1perior Court; October term 1927; manslaughter; 1 year and 1 year and 1 day; recommended by trial judge and others; served about two-thirds of sentence; pardoned November 20, 1928.
FRED BUSH: Fulton Superior Court; May term 1923; manufacturing whiskey; pay a fine of $750.00 and serve 6 months in jail, which was suspended; recommended by trial j'Jdge; pardoned November 22, 1928.
SHEPPARD DAVIS: Cook Superior Court; November term 1926; kidnapping; 4 to 6 years; recommended by trial judge and solicitor-general, court officials and citizens; record of applicant is good; pardoned November 22,1928:
ALLEN WILLIAMS: Polk Superior Court; February term 1925; seduction; 3 to 5 years; recommended by Judge and solicitor-general; pardoned January 24, 1929.
CHAS. SWANSON: Atlanta Criminal Court; August term 1928; possessing liquor; S150.00 and 12 months suspended sentence; fine paid and applicant not a dealer in whiskeys; a small quantity for personal use; pardoned January 24, 1929.
W. W. DARNELL: Atlanta City Court; May term 1926; violating prohibition law; $750.00 and 12 months and 12 months suspended sentence; service and suspended sentence; pardoned January 24, 1929.
AUSTIN RAVENEL: Hart Superior Court; August term 1927; assault with intent to murder; 12 months and 12 months; service, and recommendation of prosecutor, Judge Hodges and Solicitor-General Skelton, and jurors; pardoned January 24, 1929.
J. OXMAN: Fulton Superior Court; May term 1927; receiving stolen goods; $400.00 and 12 months; Judge Sam H. Sibley earnestly recommends pardon; also Judge V. B. Moore, who preside over this case; pardoned January 24, 1929. Not recommended by Prison Commission.
FRIDAY, JUNE 28, 1929.
85
JEFFIE HAM: Monroe Superior Court; February term 1923; making liquor; 30 days in jail; recommended by trial judge; pardoned January 30, 1929.
RICHARD SMITH: City Court of Summerville; January term 1929; beating board bill; $10.00 and costs or 3 months in chaingang; on account of wife's condition and judge certifies that he would like to release him; pardoned March 5, 1929. Not recommended by Commission.
SHELLEY WARD: City Court of Bainbridge; September term 1928; having whiskey; 12 months and 12 months and 6 months in jail; recommended by the solicitor. Pardoned March 7, 1929.
N. K. BITTING: Chattooga County Superior Court; fraud in insolvency of the Bank of Commerce, Summerville; March term 1927; 3 years; recommended by county officers, grand jurors, trial judge, solicitor-general and special counsel for the State. Pardoned March 26, 1929
LLOYD COPER: Fulton Superior Court; December term 1926; larceny of automobile; 1 to 3 years; living upright life; citizenship restored. Pardoned March 27, 1929.
W. R. KINGSTON: F:.~lton Superior Court; Novem-
ber term 1927; involuntary manslaughter; one year; young boy with previous good record and the fatal occurrence bears earmarks of unavoidable accident. Pardoned May 15, 1929.
L. E. BLANCHARD: Columbia Superior Court; March term 1928; manslaughter; 1 to 2 years; recommended by bankers, county officers, trial jurors, physician, a State official and former member of Supreme Court, a former member of Congress and many citizens. Pardoned May 24, 1929.
86
JouRNAL oF THE SENATE,
PAROLES: All paroles recommended by Prison Commission, except where stated.
L. J. SIMPSON: Cobb S.1perior Court; Summer term 1925; distilling; 2 to 4 years; recommended by judge and solicitor; paroled July 14, 1927.
L. B. CASON: Haralson Superior Court; July term 1910; murder; life; recommended beca:1se applicant has served more than 10 years with a good record. The solicitor-general and trial judge do not oppose clemency; paroled July 19, 1927.
JIM EVANS AND ROBERT BEVERLY: Upson Superior Court; November term 1925; burglary; 3 to 5 years and 2,%' to 5 years; recommended by the Judge and prosecutor; paroled J ;1ly 21, 1927.
CHARLES HENDRICKS: Fulton Superior Court; Jan1ary term 1927; larceny of an automobile; 1 to 2 years; recommended by the presiding judge that the balance of applicant's sentence be suspended during good behavior on account physical condition; paroled July 22, 1927.
DEWITT GAILLARD: Bleckley Superior Court; January term 1918; m:.1rder; life; recommended by the presiding judge, jurors, sheriff and representatives; paroled J 1ly 29, 1927.
LEE MCCUTCHEON: Ben Hill Superior Court; July term 1918; rape; 20 years; recommended by judge, solicitor and others; paroled August 4, 1927.
W. A. COLEMAN: Wilcox Superior Court; September term 1913; murder; life; This prisoner has served more than the minimum sentence fixed by law for the crime committed. His history previous to the conviction, prison record and present qualities of character show that he may be properly recommended as worthy of parole; and that his release is not incompatible with the welfare of society and will be beneficial to the prisoner; paroled August 11, 1927.
FRIDAY, JuNE 28, 1929.
87
PEARL PARKER: Gilmer Superior Court; October Adj. term 1924; manslaughter; 6 years; recommended by the solicitor-general; paroled August 18, 1927.
JOE SCOTT: Berrien Superior Court; Fall term 1920; murder; life; recommended by judge and solicitor-general.
CHARLIE GRAHAM: Irwin Superior Court; January term 1916; murder; life; recommended by solicitorgeneral and 8 jurors on account of applicant's age.
CHARLIE DANIEL: Clarke Superior Court; April term 1922; murder; life; applicant was only 13 years ot age when convicted, and it does not appear that he intended to kill the deceased; paroled September 8, 1927.
BREWER ALMOND: Heard Superior Court; September term 1915; murder; life; recommended by trial judge, solicitor-general, and other facts presented by the Prison Commission; paroled September 8, 1927.
HOWARD MITCHELL: Fulton Superior Court; January term 1925; burglary; 7 to 10 years; recommended by the prosecutor and the trial judge; paroled September 8, 1927.
JACK BOUTWELL: Grady Superior Court; March term 1918; murder; life; recommended by judge, j~rors and county officials; paroled September 8, 1927.
JOHN SMITH: Appling Superior Court; March term 1911; murder; life; recommended by trial jury. Applicant has served more than 14 years; paroled September 14, 1927.
PAUL SMITH: Floyd Superior Court; July term 1921;
voluntary manslaughter; 17 to 20 years; recommended
by the solicitor, jurors and prosecutor; paroled September
15, 1927.
.
HENRY WRIGHT: Monroe Superior Court; September term 1918; murder; life; recommended by the judge; paroled September 15, 1927.
88
JOURNAL OF THE SENATE,
HENRY HURST: Screven Superior Court; May term 1925; voluntary manslaughter; 10 to 12 years; recommended by the trial judge, solicitor-general, jurors and others; paroled September 15, 1927.
BOB SCOTT: Heard Superior Court; September term 1921; manslaughter; 20 years; recommended by a large number of officials and many citizens, and on acco!mt of physical condition; paroled September 15, 1927.
SAM KIMSEY: Gwinnett Superior Court; September term 1917; murder;, life; recommended by the solicitor-general and the jurors who tried the case; and applicant has served 10 years; paroled September 15, 1927.
TOM JAMES: Gwinnett Superior Court; March term 1921; robbery; 5 to 7 years; recommended by the county officials of Milton and Forsyth Counties, and on account of good record.
LONNIE RICH: Muscogee Superior Court; June term 1926; larceny; 2 to 4 years; recommended by the solicitorgeneral; paroled September 22, 1927.
THELMA SECTION: Fulton Superior Court; November term 1925; assault to rob; 2 to 4 years and 3 to 4 years; recommended by the judge; paroled September 22, 1927.
HENDERSON LATHAM: Henry Superior Court; October term 1916; murder; life; recommended by the trial judge and jury, and solicitor-general; paroled September 29, 1927.
ELDER HEARD: Marion Superior Court; October term 1920; voluntary manslaughter; 10 to 12 years; applicant has served more than six years. Clemency is recommended by judge and solicitor-general; paroled September 22, 1927.
EDWARD GUILFORD, ALIAS FISH GUILFORD: Randolph Superior Court; May term 1924; murder; life; recommended by the jurors; paroled September 29, 1927.
FRIDAY, JuNE 28, 1929.
89
ARTHUR BLOSS: Coweta Superior Court; March term 1921; murder; life; recommended by solicitor-general paroled September 29, 1927.
MAJOR FOLDS: Fulton Superior Court; March term 1926; larceny; 6 months and 2,%" to 5 years; recommended by trial judge and numerous citizens who had employed applicant; paroled September 29, 1927.
DOCK ROBINSON: Thomas Superior Court; October term 1921; voluntary manslaughter; 20 years; recommended by the judge and solicitor-general; paroled October 6, 1927.
IRA MCPHERSON: Gilmer Superior Court; July term 1921; manslaughter; 10 years; recommended by the solicitor-general; paroled October 6, 1927.
ISAIAH DEMPSEY: Worth Superior Court; April term 1918; murder; life; applicant is paroled with the provision, and the distinct provision, that his conduct shall be in keeping with that of a good citizen, and if he shows any disposition to drink or to carry concealed weapons or in any way interfere with the peace of the community, he shall be returned to the authorities and be incarcerated in prison; paroled October 12, 1927.
TOM MILLER: Laurens Superior Court; April term 1925; voluntary manslaughter; 7 to 10 years; recommended by jurors, solicitor-general and prosecutor; paroled October 13, 1927.
JOHN JONES: Thomas Superior Court; November 1915 term; murder; life; applicant is paroled with the provision, and the distinct provision, that his conduct shall be in keeping with that of a good citizen; and if he shows any disposition to violate any of the criminal laws of this State, he shall be returned to the authorities and be incarcerated in prison; paroled October 13, 1927.
I. B. HALL: Tift Superior Court; July 1913 term; murder; life; on acco ..mt of new evidence I believe this was a
90
JouRNAL or THE SENATE,
case of manslaughter and in self-defense; paroled October 14, 1927.
ALLEN RIDLEY: Dougherty Superior Court; September Adj. term 1919; assault to murder; 10 to 20 years; recommended by sheriff and warden; paroled October 15, 1927.
WEYMAN GREENE: Jasper Superior Court; August term 1919; murder; life; recommended by solicitorgeneral and judge; applicant has served 5 years and has made good record; paroled October 21, 1927.
WALTER BROWN: Randolph Superior Court; May Adj. term 1912; murder; life; applicant is paroled to Joe Ray, Coleman, Georgia, on account of good record and length of service; paroled November 3, 1927.
CLARENCE PATTERSON: Chattooga Superior
Court; March term 1921; manslaughter; 20 years; rec-
ommended by trial judge, solicitor-general, county prison
camp officials and many citizens; paroled November 4,
1927.
.
TOM DANIEL: Talbot Superior Court; March term 1925; receiving stolen goods; 5 to 7 years; recommended by judge and solicitor-general; paroled November 17, 1927.
AMERICUS AMMON: Rockdale Superior Court; October term 1920; manslaughter; 15 years; recommended by clerk, sheriff, the jury and a large number of citizens; paroled November 17, 1927.
J. C. CLAYTON: Bibb Superior Court; April term 1925; assault with intent to murder; 5 to 7 years; recommended by judge and solicitor-general; served more than a year, and has been severely injured in service; paroled November 17, 1927.
PRENTICE DAVIS: Bibb Superior Coart; April term 1924; larceny; 5 to 7 years; applicant has served
FRIDAY, JuxE 28, 1929.
91
nearly three years with a good record. The prosecutor asks clemency for him and a reputable business man will give him employment; paroled November 18, 1927.
B. FRANK STUBBS: Clayton Superior Court; Au.gust term 1924; voluntary manslaughter; 4 to 8 years, there has been new evidence submitted in this case with reference to the character of this applicant, and also that of the deceased; and also new evidence with reference to the condition of the applicant's family, which is such as to demand his support and attention; paroled December 1, 1927.
JOSIAH PRATHER: Muscogee Superior Court; August term 1916; murder; life; applicant was convicted of a cold-blooded murder, but he has served more than 10 years with a good record, and has recently been of assistance in protecting an officer and preventing an escape; paroled December 15, 1927.
CLAUDE CARMAN: Fulton Superior Court; January term 1926; larceny of auto; prosecutor recommends clemency; paroled December 16, 1927.
MENCER QUEEN: Fulton Superior Court; November term 1922; voluntary manslaughter; 20 years; recommended by trial judge and solicitor-general; paroled December 22, 1927.
FLOYD ROACH: Houston Superior Court; April term 1923; murder; life; paroled on the grounds that in the absence of the husband of an invalid wife, the negro having been left in charge to protect and care for her, he went down and asked disturbers to discontinue their loud talk, who approached the negro with a pistol; on account of the protection of the unprotected invalid wife of the white man by this negro, I am paroling him; paroled Decembet 22, 1927.
T. I. BALLARD: Carroll S".Iperior Court; October term 1924; voluntary manslaughter; 10 to 15 years; rec-
92
JOURNAL OF THE SENATE,
om mended by ten of the jurors; paroled December 22, 1927.
EMMA DANIELS: Bibb Superior Court; November term 1926; voluntary manslaughter; 6 to 10 years; recommended by judge and her former employers; paroled December 22, 1927.
LLOYD COFER: Fulton Superior Court; January term 1927; larceny of automobile; 1 to 3 years; recommended by trial judge, and on account of physical condition; paroled December 24, 1927.
WILL (MILLER L.) HAYES: Bacon Superior Court; November term 1919; murder, life, recommended by the prosecutor, other relatives of the deceased, officials of the county in which the crime was committed, and many others; paroled December 21, 1927.
BARNEY MORRIS: Fulton Superior Court; September term 1926; assault to murder; 3 to 5 years; applicant has been in prison one year with good record. Evidence discloses that applicant was not entirely without provocation; has a wife and five children in destitute circumstances; paroled January 5, 1928.
S. H. BAZEMORE: Tattnall Superior Court; August term 1926; manufacturing liquor; 2 to 4 years; recommended by the solicitor-general, who is now judge, sheriff, clerk of court and jurors; paroled January 5, 1928.
ROBERT MCCRARY: Terrell Superior Court; May term 1911; murder; life; applicant has served more than 12 years with good prison record; paroled January 5, 1928.
CORNELIUS KEY: Putnam Superior Court; March term 1926; burglary; 2 to 3 years; recommended by trial judge, solicitor-general, jurors and the prosecutor; paroled January 5, 1928.
JACK HARRINGTON: Richmond Superior Court; January term 1922; burglary; 10 years; applicant has served about six of a ten year sentence; paroled January 12, 1928.
FRIDAY, JuNE 28, 1929.
93
MILBURN HENDRIX: Rockdale Superior Court; October term 1919; manslaughter; 10 years; "This prisoner has served more than the minimum sentence fixed by law for the crime committed. His history previous to the conviction, prison record and present qualities of character show that he may be properly recommended as worthy of a parole; and that his release is not incompatible with the welfare of society and will be beneficial to the prisoner;" paroled January 12, 1928.
DEWEY HUNTER: Fulton Superior Court; January term 1921 ; robbery; 10 to 20 years; recommended by the trial judge and solicitor-general; paroled February 23, 1928.
CHAS. O'CONNOR: Fulton Superior Court; September term 1924; robbery; 5 to 8 years; recommended by prosecutor; has served 3.%' years of the sentence with good prison record; paroled March 15, 1928.
ED LOCKETT: Houston Superior Court; October term 1919; murder; life; recommended by the judge; paroled March 29, 1928.
RUFUS MCLENDON: Laurens Superior Court; October term 1926; larceny of auto; 5 years; recommended by the judge and solicitor-general; paroled March 29, 1928.
CLIFFORD REECE: Lumpkin Superior Court; April term 1925; voluntary manslaughter; 10 to 12 years; recommended by trial judge, solicitor-general and officials and citizens of Lumpkin County; paroled March 29, 1928.
WILL RAINES: Muscogee Superior Court; May term 1919; assault to murder; 3 years and 8 months; recommended by trial judge, solicitor-general and the prosecutor; paroled April 5, 1928.
MANSON RANDALL: Burke Superior Court; April term 1920; volcmtary manslaughter; 20 years; recommended by trial judge and others; paroled April 12, 1928.
94
JouRNAL OF THE SENATE,
JIM WILLIS: Muscogee Superior Court; November term 1925; voluntary manslaughter; 3 to 5 years; recommended by the solicitor-general, foreman of the jury, members of the coroner's jury, sheriff, and others; paroled April 12, 1928.
ALEX GREEN: Burke Superior Court; November term 1926; involuntary manslaughter; 3 years; recommended by the trial judge and solicitor-general; paroled April 12, 1928.
JOHN BOATRIGHT: Chatham Superior Court; September term 1926; robbery; 4 years; j,1ry recommended misdemeanor punishment; solicitor-general recommends parole; paroled April 19, 1928.
AUSTIN C. HAYES: F:.1lton Superior Court; September term 1926; burglary; 4 to 10 years; recommended by the trial judge and solicitor-general paroled April 19, 1928.
CHARLIE-WINN: Crisp Superior Court; May term 1926; voluntary manslaughter; 5 years; recommended by trial judge and solicitor-general; paroled April 19, 1928.
JIM HILL: Troup Superior Court; January term 1923; burglary; 8 years; recommended by trial judge and solicitor-general; paroled May 3, 1928.
PAUL HARRIS: Fulton Superior Co.1rt; January term 1926; burglary; 5 to 10 years; recommended by trial judge and solicitor-general; paroled May 7, 1928.
OBIE POWELL: La.1rens Superior Court; January term 1926; voluntary manslaughter; 8 to 15 years; recommended by trial judge, solicitor-general, jurors, sheriff and other county officers; paroled May 17, 1928.
R. C. LOWE: Laurens Superior Court; October term 1922; murder; life; recommended by judge and solicitorgeneral, and on account of agreement between the judge and the defendant; paroled May 19, 1928.
FRIDAY, JuxE 28, 1929.
95
JOHN LOGAN: Butts Superior Court; February term 1920; manslaughter; 15 to 20 years; recommended by sheriff, other county officials and many citizens; paroled May 24, 1928.
JOE HARRIS: Taliaferro Superior Court; August term 1919; murder; life; recommended by trial judge, solicitorgeneral, the prosecutor, jurors, county officers and others; paroled May 25, 1928.
JOHN MANLEY: Fulton Superior Court; September term 1915; murder; life; recommended by solicitorgeneral; judge who presided at the trial is dead; paroled June 7, 1928.
F. J. DANDY: Taylor Superior Court; October term 1924; murder; life; applicant killed the deceased in protection of the sanctity of his home; has served with good prison record; paroled June 16, 1928.
MILLER WALKER, ALIAS WILL MILLER: Coffee Superior Court; October Adj. term 1922; manslaughter; 12 to 14 years; conflicting evidence; has served since June 5, 1923, with a good prison record; paroled July 5, 1928.
SQUIRE MITCHELL: Screven Superior Court; November term 1915; murder; life; recommended by trial judge and foreman of the jury who returned the verdict; paroled July 5, 1928.
WILL FAMBRO: Fulton Superior Court; December term 1925; assault to murder; 4 years; applicant has served two and a half years with good prison record, and comes within the requirement of the parole law; paroled July 12, 1928.
MOSE ROBERTS: Worth Superior Court; Fall term 1923; voluntary manslaughter; 15 to 20 years; recommended by the attorney who assisted the State in the prosecution, by jurors and a large number of reputabte men who knew and had dealings with the deceased prior to his conviction; paroled July 12, 1928.
96
JOURNAL OF THE SENATE,
A. F. RICHARDSON: Fulton Superior Court; May term 1925; burglary; 5 to 10 years; recommended by trial judge and solicitor-general; paroled July 19, 1928.
JIM SOUTHERN: Gordon Superior Court; February term 1926; larceny of auto; 3 years; recommended by trial judge; solicitor-general does not oppose it; paroled July 24, 1928.
ROBERT BLAKE: DeKalb Superior Court; October special 1926; rape; 6 to 12 years; recommended by the solicitor-general, all of the county officers of DeKalb County, mother of the alleged victim, and many citizens of the community in which applicant lived. The trial judge does not interpose objection; paroled July 26, 1928.
LEON NICHOLS: Fulton Superior Court; January term 1926; voluntary manslaughter; 10 to 15 years; recommended by 11 jurors and trial judge; physical condition is poor; paroled July 26, 1928.
JOE MITCHELL: Mitchell Superior Court; October term 1915; murder; life; recommended by trial judge; stenographic court report of evidence has been lost and cannot be found; paroled August 3, 1928.
OLLIE BROWN: Screven Superior Court; November term 1908; murder; life; served more than the minimum sentence fixed by law; paroled August 9, 1928.
L. A. KENNEDY: Washington Superior Court; June term 1915; murder; life; large petition for applicant's parole by citizens of Johnson and Emanuel Counties. The trial jury and the grand jury and his wife's people also join in the petition; paroled August 13, 1928.
MOULTRIE YAUGHN: Crawford Superior Court; October term 1924; arson; 10 years; recommended by both the trial judge and the solicitor-general; paroled August 16, 1928.
FRIDAY, JUNE 28, 1929.
97
U. T. (EUNICE) BANNISTER: Colquitt Superior Court; January term 1927; violating prohibition law; 3 to 5 years; trial judge asks that the applicant be paroled; paroled August 17, 1928.
JOHN L. LEWIS: Miller County Superior Court; October term 1914; voluntary manslaughter; 15 years; clemency is urged by grand and trial jurors, and many officials and good citizens of Miller, Mitchell and Colquitt Counties, all of whom certify to the applicant's good character prior to his conviction; paroled August 17, 1928.
WILBUR HALSEY~ ALIAS MONK HALSEY: Bleckley Superior Court; January term 1916; murder; life; recommended by solicitor-general and the jurors; paroled August 23, 1928.
EMMETT MILNER: Schley Superior Court; April term 1913; murder; life; recommended by 10 jurors, every county official, including the clerk of the court, ordinary, sheriff, tax collector, tax receiver, coroner, etc.; paroled August 23, 1928.
WILL FRANK HUNTER: Jasper Superior Court; November term 1917; murder; life; recommended by judge and solicitor-general; paroled August 24, 1928.
ANDREW EDWARDS: Irwin Superior Court; April term 1914; murder; life; recommended by the judge and solicitor-general; paroled August 24, 1928.
LONNIE WILLIAMS: Effingham Superior Court; April term 1912; murder; life; recommended by trial judge, representative and prosecutor; paroled August 27, 1928.
DENNIS WRIGHT: Houston Superior Court; October term 1916; murder; life; recommended by the presiding judge; paroled September 6, 1928.
GUY MARSHALL: Terrell Superior Court; May term 1918; murder; life; recommended by all but one of the trial
98
JouRNAL OF THE SENATE,
jurors, county officials and a number of the best citizens of the county; paroled September 6, 1928.
LEE LEDFORD: Murray Superior Court; August term 1924; assault to murder; 15 to 20 years; applicant's prison record is good and his application is favored by a large number of citizens, including physician, school principal, minister, merchants, county officers and members of the trial jury; paroled September 6, 1928.
W. F. COLLEY: DeKalb Superior Court; March term 1926; rape; 5 to 10 years; recommended by the trial jurors, board of county commissioners, prison officials and citizens, paroled September 11, 1928.
FLOYD REECE: Cherokee Superior Court; August term 1922; murder; life; recommended by the trial judge and solicitor-general; paroled September 27, 1928.
JESS STOGNER: Haralson Superior Court; April term 1917; murder; life; recommended by solicitor-general, numerous citizens of the county, by some of the jurors and the Warden of Fulton County; paroled September 27, 1928.
WALKER GRIGGS: Putnam Superior Court; September term 1920; murder; life; recommended by trial judge and solicitor-general; paroled September 25, 1928.
FRED WILLIAMS: Wilcox Superior Court; September term 1915; murder; life; evidence shows that Williams and Lee were together when Troutman was shot and killed by Williams, and that Lee told Williams to shoot Troutman; Damon Lee has been paroled; paroled September 27, 1928.
J. R. DENTON: Fulton Superior Court; January term
1927; burglary; 2 to 4 years; recommended by trial judge, solicitor-general, prosecutor and citizens; paroled October 4, 1928.
GEORGE ROBINSON: Cook Superior Court; Novernher term 1924; burglary; 9 to 11 years in 2 cases, to run
FRIDAY, JuKE 28, 1929.
99
concurrently; recommended by citi7-ens, county officials, prosecutor, grand-jurors, solicitor-general at the time of trial and present solicitor-general and trial judge; paroled October 4, 1928.
DAN STEVENS: Glascock Superior Court; November term 1928; shooting at another; 2 to 3 years; recommended by Solicitor-general and sheriff of Glascock County; paroled October 11, 1928.
WILL DIXON: Wilcox Superior Court; December Special term 1919; murder; life; recommended by presiding judge and solicitor-general; paroled October 12, 1928.
ED. MORRIS: Bartow Superior Court; April term 1927; burglary; 3 to 5 years; recommended by sheriff, clerk of Superior Court, tax collector, tax receiver and others; paroled October 12, 1928.
H. S. CARSON: Chattooga Superior Court; September term 1926; embezzlement; 3 to 5 years; recommended by jurors, county officials and a large number of citizens; paroled Octoher 12, 1928.
R. C. HAWES: Fulton Superior Court; January term 1927; burglary; 2 to 4 years; recommended by trial judge, solicitor-general, prosecutor and citizens; paroled October 12, 1928.
JOHN TURNER: Forsyth Superior Court; February Adj. term 1925; assault to murder; 5 to 8 years; recommended by judge, prosecutor, jurors, solicitor-general and citizens; paroled October 19, 1928.
EDGAR TUFTS: Jones County Superior Court; April term 1916; murder; life; recommended by trial judge and solicitor-general; paroled October 25, 1928.
ARTHUR TOWNS: Sumter Superior Court; June term 1907; murder; .life; recommended by solicitor-general in view of long prison service; trial judge does not oppose clemency; paroled October 25, 1928.
100
JouRNAL OF THE SENATE,
MATTHEW BARRETT: Crawford Superior Court; October Adj. term 1921; murder; life; recommended by jurors and citizens; paroled October 25, 1928.
REASON HANDLEY: Irwin Superior Court; Spring term 1907; murder; life; applicant has served 15 years with good record; paroled November 8, 1928.
W. C. HERSEY: Jenkins Superior Court; March term 1927; assault to rape; 5 to 10 years; recommended by trial judge and not opposed by solicitor-general; paroled November 15, 1928.
WALTER LIPKIN: Oconee Superior Court; July term 1921; murder; life; recommended by jurors, solicitor and citizens; paroled November 15, 1928.
CHARLIE HUNT: Washington Superior Court; September term 1924; murder; life; recommended by trial jurors and by a strong letter of trial judge; paroled November 20, 1928.
SON WHITE: Jackson Superior Court; February term 1920; manslaughter; 19 to 20 years; recommended by many citizens, including present solicitor-general, who was counsel for applicant; paroled November 22, 1928.
W. H. JOHNSON: DeKalb Superior Court; September term 1926; involuntary manslaughter; 3 years; applicant has served more than 14 months with good record; paroled November 22, 1928.
ALMON BROWN: Morgan Superior Court; September term 1919; murder; life; recommended by court officials and trial judge; paroled January 24, 1929.
BOISEY ROBINSON: Charlton Superior Court; April term 1908; murder; life; recommended by some of the jurors, county officials, solicitor-general who tried the case and others; paroled January 24, 1929.
ROBERT BAILEY AND CARL. MILLER: Fulton Superior Court; January term 1926; robbery; 5 to 10 years;
FRIDAY, Ju~E 28, 1929.
101
applicant has served nearly three years with good record; owner of stolen car has been paid for all expense and trouble incurred by reason of theft; paroled January 24, 1929.
r ROBERT BAILEY AND CARL MILLER: Fulton Superior Court; January term 1926; robbery; 5 to 10 years; applicant has served nearly three years with good record; owner of stolen car has been paid for all expense and trouble incurred by reason of theft; paroled January 24, 1929.
AARON KENDRICKS: Clarke Superior Court; July term 1927; larceny from house; 3 to 5 years; applicant has served with good prison record for more than 16 months; judge and solicitor neither oppose nor recommend clem-
ency; paroled J~nu_ary 25, 1929.
JESSE LOVETT: Bulloch County Superior Court; January term 1918; murder; life; long prison service, with good record, and character of applicant before conviction; paroled January 25, 1929.
ALEX HERRINGTON: Bacon Superior Court; April term 1922; incestuous adultery; 15 to 20 years; applicant has served with good record since April 24, 1922; paroled January 25, 1929.
SCOTT JOHNSON: Tift Superior Court; Tift-July term 1918; murder; life; recommended by trial judge and solicitor-general; paroled January 25, 1929.
SAM GRAHAM: Pierce County Superior Court; April term 1925; voluntary manslaughter; 10 to 15 years; recommended by the jury, solicitor-general, trial judge, county officials and others; paroled January 25, 1929.
GEORGE JONES: Thomas Superior Court; April term 1912; murder; life; recommended by judge who tried case, and because of physical condition; paroled January 25, 1929.
PAL M. DANIEL, JR.: Muscogee Superior Court; November term 1926; embezzlement; 3 to 5 years; rec-
102
JouRNAL oF THE SENATE,
ommended by trial judge and solicitor-general; paroled January 25, 1929.
WILL VICK: Grady Superior Court; March term 1919; murder; life; applicant has served practically 10 years with good record. His application is endorsed by citizens, jurors, county officials and trial judge; the solicitor-general does not oppose; paroled January 25, 1929.
MILTON BOUNDS: Fulton Superior Court; FultonMay term 1926; forgery; 2 to 4 years; recommended by prosecutors; concurred in by trial judge; paroled January 25, 1929.
DR. W. M. BAIRD: Bartow Superior Court; October Special term 1925; burglary; 10 to 15 years; recommended by those who know him, and by officials and physicians of the prison camps, and by many citizens; paroled January 24, 1929.
MEDFORD WALKER: Washington Superior Court; March term 1912; murder; life; recommended by Judge R. N. Hardeman after prisoner has served over five years with good record; paroled January 24, 1929.
HENRY SEAGRAVES: DeKalb Superior Court; December term 1924; assault to rape; 10 to 20 years; previous reputation of applicant is good; the father of the girl joins in request tor parole; paroled January 24, 1929.
HAROLD WILLIAMS: Fulton Superior Court; September term 1923; assault to murder; 9 to 10 years; applicant has served more than 5 years with good prison record, and physical condition; paroled January 24, 1929.
ADOLPHUS PIERCE: Fulton Superior Court; June term 1924; murder; life; recommended by foreman of the jury and others; paroled January 24, 1929.
TOBIE MILES: Muscogee Superior Court; August term 1927; larceny; 2 to 5 years; recommended by trial judge and solicitor-general; paroled January 24, 1929.
FRIDAY, JuNE 28, 1929.
103
RALPH POSS: Fulton Superior Court; January term
tee 1927; burglary; 3 to 5 years; recommended by trial judge
and arresting officers; paroled January 24, 1929.
GENE, ALIAS JAMES WARTHEN: Washington Superior Court; March term 1916; murder; life; recommended by trial judge and many county officials; paroled January 30, 1929.
WARREN MALONE: Richmond Superior Court; November term 1910; murder; life; recommended by trial judge and solicitor; applicant has served more than eighteen years and his physical condition is very bad; paroled January 30, 1929.
MARY HERRINGTON: Coffee Superior Court; February term 1916; murder; life; recommended by solicitorgeneral, sheriff, clerk and other officers and citizens; paroled January 30, 1929.
JOHN MART: Campbell Superior Court; August term 1910; murder; life; recommended by Honorable Wm. Schley Howard, who was solicitor-general at the time of trial; the trial judge is now deceased; paroled January 30, 1929.
ARTHUR GRACE: Bibb County Superior Court; December term 1918; murder; life; recommended by solicitor-general, eight jurors and State witness; paroled January 30, 1929.
KIT OWENSBY: Haralson Superior Court; July term 1918; murder; life; recommended by trial judge, solicitorgeneral and others; paroled January 30, 1929.
SAUNEY TREADWELL: Walton Superior Court; March term 1918; murder; life; recommended by all living jurors, solicitor-general, trial judge and sc;veral county officials; paroled January 30, 1929.
EMANUEL BROOKS: Bibb Superior Court; July
term 1920; murder; life; recommended by trial judge and
solicitor-general; paroled January 31, 1929.
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JOURNAL OF THE SENATE,
CORRIE CEPHUS: Clarke Superior Court; April term 1925; voluntary manslaughter; 5 to 7 years; applicant's prison record is good; in view of evidence, recommendations and record of the prisoner; paroled January 31, 1929.
BEN HOOD: Spalding Superior Court; August term 1918; murder; life imprisonment; recommended by jurors, sheriff, tax collector, ordinary, county commissioners, tax receiver, warden and others; paroled March 7, 1929.
LESTER DUMAS: Pike Superior Court; November term 1926; burglary; 3 to 5 years; recommended by prison wardens and citizens; trial judge does not object; paroled March 7, 1929.
JOE WALLER: Cherokee Superior Court; August term 1927; robbery; 4 to 5 years; recommended by trial judge and solicitor; paroled March 7, 1929.
VAN MCMURRAY: Fulton Superior Court; April term 1920; murder; life imprisonment; recommended by presiding judge; paroled March 7, 1929.
JACK ODUM: Chatham Superior Court; August term 1925; voluntary manslaughter; 10 to 15 years; recommended by various county and court officials; he is close to 80 years of age; paroled March 7, 1929.
ED DAVIS: Putnam Superior Court; September term 1923; manslaughter; 20 years; recommended by judge, solicitor-general, and trial jurors; paroled March 7, 1929.
J. P. SIMS: Hart Superior Court; February term 1924; voluntary manslaughter; 10 to 15 years; recommended by several citizens of Hart County, commissioners, eleven jurors, the trial judge and solicitor-general; paroled March 21, 1929.
WILL CRO NIN: Whitfield Superior Court; October
term 1927; burglary; 2 to 2 years; recommended by the officials of Whitfield County; judge has no objections; paroled March 21, 1929.
FRIDAY, JuNE 28, 1929.
105
SHERRY DENNIS: Lee Superior Court; November term 1905; murder; life imprisonment; recommended by jurors, county officials and many citizens; paroled March 22, 1929.
CHAS. A. SALLETTE: Liberty Superior Court; February term 1925; manslaughter; recommended by trial judge, jurors, a large number of citizens and county officials; paroled April3, 1929.
DAVE P. SALLETTE: Long Superior Court; March term 1925; voluntary manslaughter; 6 to 10 years; recommended by the trial judge, trial jurors, a large number of citizens and county officials; paroled April 3, 1929.
FLETCHER WALKER: Walton Superior Court; February term 1919; murder; life; recommended by former sheriff, officials of Wilkes County, by guards and warden, trial judge and solicitor-general; paroled April 4, 1929.
WILL WARREN: Coffee County Superior Court; October term 1918; murder; life imprisonment; recommended by the solicitor-general, the foreman of the gang and others; paroled April 4, 1929.
ROACH SIKES: Tattnall Superior Court; November term 1920; murder; life imprisonment; recommended by sheriff, ordinary, chairman of the Board of County Commissioners, clerk of the court, other county officials and many citizens; paroled March 4, 1929.
ED BAILEY: Muscogee Superior Court; murder March term 1917; life; verdict should have been manslaughter; servedmore than 8 years; paroled April4, 1929.
R. L. (DOYLE) DENT: Johnson Superior Court;
March term 1927; burglary; 5 to 5 years; recommended by trial judge, solicitor-general and large number of citizens; paroled April 8, 1929.
H. L. OR HAROLD CONWAY: Chatham Superior Court; Octob'er term 1921; burglary 5 to 7 years (3 cases)
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JouRNAL OF THE SENATE,
sentences be made to run concurrently; paroled April 11, 1929.
ARTHUR BROOKS: Fannin Superior Court; October term 1927; involuntary manslaughter; 3 to 5 years; recommended by solicitor-general, citizens, grand jurors and officials; paroled April 18, 1929.
W. N. BOOKER: Floyd Superior Court; July term 1927; forgery; 3 to 5 years; on account of applicant's failing eyesight; recommended by solicitor-general; paroled April 18, 1929.
TOM BAILEY: Cobb Superior Court; March term 1928; larceny from house; 3 to 5 years; on acount of youth of applicant and that he was not of high order of intelligence; paroled April 18, 1929.
RUTHERFORD MCKINNEY: October term 1912; Jones Superior Court; murder; life; recommended by judge and solicitor-general; paroled April 18, 1929.
CLEVELAND DAVENPORT: Oconee Superior Court; January term 1928; voluntary manslaughter; 2 to 5 years; recommended by jurors, member of the Board of Education and county officials; paroled April 18, 1929.
IRA E. JONES: Baker Superior Court; July term 1926; assault to murder; 5 to 8 years; on account of physical condition; paroled April 18, 1929.
NEAL BONNER: Carroll Superior Court; Spring term 1911; murder; life imprisonment; evidence is conflicting; long and faithful service; paroled April 25, 1929.
JIM MCBRIDE: Screven Superior Court; November term 1925; voluntary manslaughter; 18 to 20 years; recommended by trial judge; paroled May 9, 1929.
WILLIAM JENKINS: Fulton Superior Court; March term 1919; murder; life; applicant has a good record; paroled May 16, 1929.
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107
S. N. GARRETT: Taylor Superior Court; October term 1927; manufacturing liquor; 5 years; recommended by county officials and solicitor-general; paroled May 23, 1929.
J. W. MATTHEWS: Fulton Superior Court; March
term 1927; embezzlement; 3 to 4 years; recommended by the prosecutor, attorney of the prosecutor, by the solicitor-general, and the trial judge raises no objection; probated May 23, 1929.
J. W. FORD: Bibb Superior Court; April term 1925;
receiving stolen goods; 2 to 5 years; paroled May 23, 1929. Recommended by prosecutor, trial judge and many citizens.
JACK CLAY: Telfair Superior Court; October term 1928; assault with intent to murder; 5 years; evidence in the case is not strong and fails to show a motive; paroled May 30, 1929.
CRISP, ALIAS SAM HAUGABOOK: Macon Superior Court; May term 1921; manslaughter; 19 to 20 years; recommended by jurors and citizens and is not op.posed by solicitor-general; paroled June 6, 1929.
SUDIE BODDY, ALIAS SUDIE BODDY TINCH: Coweta Superior Court; September term 1923; murder; life imprisonment; recommended by trial judge, solicitorgeneral and others; paroled June 6, 1929.
WILLIAM HAIRSTON: Crisp Superior Court; November term 1927; making liquor; 3 years; recommended by solicitor-general, trial judge, a number of citizens; paroled June 6, 1929.
FRED PRESTON: Houston Superior Court; October term 1923; burglary; 10 to 15 years; recommended by citizens generally, some of the jurors and the solicitorgeneral; paroled June 7, 1929.
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JOURNAL OF THE SENATE,
The following message was received from His Excellency, the Governor, through Mr. John B. wilson, the Secretary thereof:
Mr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication in writing to which he respectfully requests your attention in Executive Session.
Cpon motion of l\1r. Myrick of the 1st the Senate went into executive session at 11:37 o'clock.
At 12:32 o'clock the executive session was dissolved.
Upon motion of Senator Zellars of the 30th, the following resolution of the Senate, which was introduced on yesterday and ordered to lay on the table for one day, was taken up for consideration. Senate Resolution :\o. 7.
Mr. Vaughn of the 34th moved that the Senate do now adjourn until tomorrow morning at 11:00 o'clock, and the motion prevailed.
Mr. Lane of the 13th asked unanimous consent that he be granted leave of absence for Saturday and Monday next on account of Court business, and the consent was granted.
Mr. Sibley of the 19th asked unanimous consent that he be granted leave of absence for Saturday and Monday next, and the consent was granted.
The President declared the Senate adjourned until tomorrow morning at 11:00 o'clock.
SATURDAY, JuNE 29, 1929.
109
SENATE CHAMBER, ATLANTA, GA.,
SATURDAY, JuNE 29, 1929.
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.
By unanimous consent the call of the roll was dispensed with.
Mr. Zellars of the 30th asked unammous consent to dispense with the reading of the journal of yesterday's proceedings. J\Ir. Pitner of the 50th objected, and the Secretary proceeded with the reading of the journal.
:Mr. Pitner withdrew his objection to the reading of the journal, and the same therefore was dispensed with by unanimous consent.
By unanimous consent the journal of yesterday's proceedings was confirmed.
The following resolution was read and adopted:
By Mr. Goode of the 31st-
Senate Resolution No. 15. A resolution providing for the adjournment of the General Assembly over the Fourth of July.
Mr. :Myrick of the 1st asked unanimous consent that all senators having bills or resolutions to introduce send them to the Secretary's desk and the consent was granted.
The following bills were introduced, read the first time and referred to the committees:
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JouRNAL oF THE SENATE.
By Mr. Myrick of the 1st-
Senate Bill No. 49. A bill to amend the Constitution of Georgia so as to provide for the retirement of the justices of Supreme Court on salary.
Referred to Committee on Amendments to Constitution.
By Messrs. Bird, \Yilliams, Peebles and Tyson-
Senate Bill No. 50. A bill to provide for fishing in the fresh water streams of the State at all seasons of the year.
Referred to Committee on Game and Fish.
By Mr. Tyson of the 2nd by request-
Senate Bill No. 51. A bill to require the treasurer or
officer who receives money for any municipality, having a population of one thousand or more, to publish each and every month a statement showing receipts of money and all disbursements.
Referred to Committee on Municipal Government.
By Mr. Zellars of the 30th-
Senate Bill N"o. 52. A bill concerning and aiding land titles in this State by providing that suits to reform deeds to land shall be brought by remaindermen, reversioners, or other persons having a future right of entry, etc.
Referred to Committee on General Judiciary.
By Mr. Williams of the 16th-
Senate Bill No. 53. A bill to provide for appeal from decision of the Georgia Public Service Commission, regulating same and providing revenue.
Referred to Committee on General Judiciary.
SATURDAY, JuKE 29, 1929.
111
By Mr. whaley of the 35th by request-
Senate Bill No. 54. A bill to amend an Act providing for the creation and establi~hment in certain counties of juvenile courts.
Referred to Committee on Special Judiciary.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following resolution of the Senate, to-wit:
By Mr. Goode of the 31st-
Senate Resolution No. 15. A resolution that when the General Assembly adjourn on Wednesday, July 3, that it stand adjourneduntil1\1onday,July 8,1929 at ll:OOo'clock, A.M.
Under the head of unfinished business the following Senate Resolution was taken up for consideration:
By Mr. Zellars of the 30th-
Senate Resolution No. 7. A resolution requmng the State Highway Board of Georgia to furnish certain information to the Senate within ten days.
Mr. Zellars offered the following amendment to the resolution, to-wit:
"Be it resolved that Senate Resolution No. 7 be amended by adding thereto the following request for additional information as required by the original resolution":
4. The number of miles of "State-Aid Roads" and the location thereof which have been paved and the number of miles that are yet to be paved and the location thereof.
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JouRNAL OF THE SENATE,
5. The number of miles of "State-Aid Roads" and the location thereof which have been graded and the number of miles that are yet to be graded and the location thereof.
6. The bridges constructed under said system and the location thereof, as well as the bridges yet to be constructed and the location thereof.
The amendment was agreed to.
The resolution, as amended, was adopted.
Senator Tyson of the 2nd District asked unanimous consent that Senate Resolution No. 13 be withdrawn from the Committee on Forestry, read the second time and recommitted, and the consent was granted.
The following resolution was withdrawn from the Committee on Forestry, read the second time, and recommitted to the Committee on Forestry:
By :Mr. Tyson of the 2nd-
Senate Resolution No. 13. :\ resolution memorializing Congress to create a waterways and flood commission.
At 11:20 o'clock Mr. Redwine of the 26th asked unanimous consent that the Senate take a recess until 11:25 o'clock, and the consent was granted.
The hour of 11:25 having arrived, the Senate was called to order by the President, and repaired to the House for the purpose of hearing the Governor-elect deliver his inaugural address.
The hour of 11:30 o'clock, A. M. having arrived, the Senate appeared upon the floor of the House, and the joint session, called for the purpose of inaugurating the Governor-elect, was called to order by Hon. W. Cecil Neill, President of the Senate.
Governor-elect, Hon. Lamartine G. Hardman, together with the State House officers, and other distinguished offi-
SATURDAY, }UNE 29, 1929.
113
cers, accompanied by the joint committee of the Senate and House on Inauguration, appeared upon the floor of the House, and the Governor-elect was accompanied to the Speakers stand by the Committee on Inaugural ceremonies.
The resolution providing for the joint session for the purpose of inaugurating the Governor-elect was read.
Prayer was offered by the Rev. Luther Christie, pastor of the Ponce de Leon Baptist Church of Atlanta; after which the oath of office was administered to the incoming Governor by the Honorable Richard B. Russell, Chief Justice of the Supreme Court of the State of Georgia.
Hon. George H. Carswell, Secretary of State, delivered the Great Seal of the State of Georgia to the Governor-elect, who then placed the great seal in the hands of the Secretary of State.
The Governor then delivered his inaugural address, which was as follows:
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JouRNAL oF THE SENATE,
INAUGURAL ADDRESS
OF
LAMARTINE GRIFFIN HARDMAN
June 29, 1929
MR. PRESIDENT, MR. SPEAKER, MEMBERS OF THE GENERAL ASSEMBLY, LADIES AND "GENTLEMEN:
In compliance with the Constitution of the State of Georgia, and relying upon the protection and guidance of God, we have assembled this Inaugural occasion to re-dedicate ourselves in service to the welfare, protection and development of the people of this State.
This inaugural occasion brings to a close the administration of affairs of this State-the biennial, or service rendered by the Legislature and the Governor for the last two years. The deeds performed and the service rendered the citizens of the State arc now a record of history.
Before we enter upon our duties as Legislators for 1929 and the coming administration, I desire to express my appreciation of the confidence reposed in me by re-electing me to a second term as Chief Executive of this Commonwealth, representing approximately 3,203,000 people-a confidence and honor that would be highly appreciated by any citizen of any State.
While everything that we so much desired has not been accomplished, we have had problems brought to our minds, and been confronted with conditions in a way that have enlisted the interest of every citizen of this State; and to some degree, I believe that every citizen has been studying the problems that are presented to this General Assembly for their solution.
If for no other reason than bringing to our minds the great problems that confront Georgia, and directing our thoughts.
SATURDAY, JuNE 29, 1929.
115
to the study of the same, the last Legislature and the Governor of the present biennial of administration just ending, have meant a great deal to this State. The solution to some of the problems that confront you today has been suggested by former Governors of the State.
The opportunity and responsibility are now upon the new administration to solve-the problems that you are studying today and will be called upon in the next sixty days to solve in a way that will give to this State a better, a simpler and a more complete business-like method for administering our affairs. This, it appeals to me can be done, and the duty and honor are yours-and the service rendered should be for the good of the people.
It is apparent in our own State, and indeed in most, if not all of the states of this Union, that there is a need and a demand for a more modem business-like arrangement of operating the State's affairs, that will simplify our plan of operation, and thereby suggest to us equality and justice in the support of our State Government and our State institutions.
In our study of the history of Georgia, we are forced to the acknowledgment that ours is a State which is bound to march triumphantly forward. She has ever been a State of Pioneers, a State which might waver but which has never halted in its progressive course. We are descendants of the founders of this great Nation. In no other state is there such a mingling of America's noblest heritages; and in every crisis of her history, Georgia has looked forward-in the earliest days of our struggling Nationin the period of conflict between the North and the South, and in those trying days of the era called the period of Reconstruction.
During the last decades of the Nineteenth Century, Georgia became a leader of the New South; she established her industrial leadership so well that today she stands in the front rank of the Southern States; and in declaring for a Business Administration of the State's affairs, a business-like government founded on the bed-rock of honesty and righteousness, she has made another stride forward.
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JouRNAL OF THE SENATE,
Two years ago, when accepting the Governorship of Georgia, the task of aiding every effort made in- the direction of increased efficiency was also accepted. Basing my belief upon my knowledge of the spirit of co-operation existing in the State at present, and because my confidence in the citizens of Georgia is unwavering, I look forward to still greater governmental efficiency-still more curtailment of wastes, for we cannot but recognize the need and the importance of modern business methods in the financing of the State's affairs.
During the present administration I desire to mention some of the things that have been accomplished along this line. In the First Message to the General Assembly of the State of Geor- gia, it was suggested and recommended that they provide plans by which the General Assembly would have opportunity to study our State Government and State Administration-or that the Governor of the State be provided with means to secure experts for the study of our State Government and State Administration, and to report back to the General Assembly; but this was denied at the last session.
Now, before the meeting of the present General Assembly. the Governor of this State has appointed Commissions to study and to accumulate information to be presented to you, which will be an aid to you in taking such action in regard to the study of the problem of education, highways, State Government, tax, health and crime as will simplify, economize and make efficient every department and institution of the State-that will give the greatest service to the greatest number of people.
EDUCATION
One of the most important elements of our Commonwealth is that of education. Education must be accompanied with the highest ideals to the fundamental principles of government, virtue, integrity and efficiency. The State that neglects its people on this basis, leaves them undeveloped, unsafe, non-productive and non-progressive.
SATURDAY, JuNE 29, 1929.
117
The subject of education in this State has not the proper financial support that it deserves. The appropriation of money for this or any other department, or institution of the State, without providing for revenue, is unsatisfactory and brings discord, discontent and criticism. It is useless to appropriate money without providing the funds to meet the appropriation. Appropriations should be kept within the bounds of the revenue of the State. We should appropriate a definite sum for a definite purpose, and to be paid at a stated time; and the money should be provided to meet the appropriations. It does not relieve the needs to appropriate $12,158,679.08, the appropriation for 1928, with the revenue of the General Fund $9,623,492.93-leaving a deficit of $2,535,186.15. There is always an activity in the interest of appropriations, but not so much looking to providing revenue. This is an unbusiness-like procedure and cannot bring progress. With this in mind, a Commission consisting of citizens, representatives and officials was appointed to study every phase of the educational problem, this Commission to report to you their findings.
This General Assembly which is now convened, in my judgment-taking the history of the affairs of this State-will provide sufficient revenue to adequately support all the institutions and the State departments.
TAXES
The subject of tax is seldom a pleasant one; but a Government cannot be supported without revenue. Justice demands that every species of value shall contribute its share to progress. Each species of value receives its contributions and income from the conditions created, largely, by the principles of a Democratic Government, as we have, and should contribute its pro rata share, according to its income, to the affairs of State; and to this end a Commission was appointed consisting, as in the Educational Commission, of citizens, representatives and officials, that every phase of the tax question might be studied and data furnished to you as far as it is possible to do so.
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JOURNAL OF THE SENATE,
COMMISSIONS
There were five (5) Commissions, and two Special Commissions appointed-The Tax Commission; The Education Commission; The Health Commission; The Highway Commission; The State Government Commission; and the Special Commissionsone for the study of Crime, and our laws as relate to crime; and, the other to study the conditions and needs of a tubercular sana~ torium for the criminals at Milledgeville.
I desire also to call attention to the study of the matter of clemency, parole or pardon of the tubercular criminal. The present Administration has seen fit, in cases of application for pardon, parole or, commutation of the tubercular criminal, that they shall present a statement from the community where the tubercular criminal is to go, signed first by a local physician, and that the community and local physician obligate themselves to segregate the tubercular criminal from his family and community, and to administer proper treatment and food to this criminal. By so doing, the tubercular criminal does not infect his children or family and community, and himself has a better opportunity to recover from this disease.
In one instance there were five children in a family, all small children, whose father was a tubercular criminal, violating the prohibition law. The wife and five children appeared before the Governor asking for pardon. It was suggested to her that the Governor of this State would be doing a great injustice to her and to the children to pardon the husband and father, without proper segregation and care. From such infected criminals this disease would be spread to the community and cause additional burden to the State in the children's hospital for tuberculosis, at Alto, Ga., as well as the infection that might occur to the adult. In five cases of pardon of this type the facts show that splendid results have been accomplished, in that the criminal himself has been benefited and the community protected. The requirements for clemency in these cases is a matter entirely in the hands of the Governor of the State.
SATURDAY, JUNE 29, 1929.
119
HIGHWAYS
The highway problem has been studied by the Highway Commission, and the personnel of this Department has been agreeably and satisfactorily adjusted during the present administration; and it is now a matter of legislation to improve and make better laws for us in regard to the building of highways in our State.
HEALTH
There is no problem that is more vital to a State than the subject of health. The efficiency, the happiness and prosperity of a people depends upon their earning capacity, which demands good health-which, of course, means greater man-power.
The health problems in our Health Department-which is of comparatively recent date in its establishment-have been splendidly handled. This Department has made wonderful contributions to the welfare and health of our State, and saved hundreds of thousands of dollars to her citizens, as well as saved human life and prevented much suffering.
A recent report from Washington, through the National Chamber of Commerce, estimates "the money losses in this country from sickness through lost wages, salaries and reduced productive effort, plus the cost of necessary care, aggregate $2,250,000,000.00 a year." "The total capital value of lives now lost from causes which are known to be preventable, it said, is estimated to be over $6,000,000,000.00 annually."
The present Administration has made another contribution to this Department, in that it has invested $14,971.58 out of the funds appropriated your Public Building and Health Department, to furnish and equip a modern health Laboratory. This is a most helpful contribution of the present Administration.
The General Assembly in providing for the testing of tuber cular cattle in this State made a step forward in the prevention of tuberculosis. The Masons of the State have made a most magnificent contribution in furnishing funds to build at Alto,
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JouRNAL OF THE SENATE,
Ga., a hospital for the treatment of tubercular children. We cannot at present estimate the value of this contribution in preventing human suffering, and lessening the burden to our State.
The last General Assembly appropriated $500,000.00 for erecting new buildings at the State Sanitarium-to furnish additional room for the unfortunates at Milledgeville-and $80,000.00 for sewerage equipment. One building has been completedanother is under headway.
No thoughtful citizen will question the need and the opportunity of serving the unfortunates at this institution, having in the institution 5,230 inmates.
During the present Administration a topographical survey of this property owned by the State of 3,628 acres has been made, and a program suggested as to the future building and expansion of this institution. There will be the need for a further building program for these unfortunates.
Gracewood, the home of the defective children, furnished by the State, has been improved.
We are training in Georgia some of her citizens on the Public Health question. The study of the Public Health problems is a tremendous need for the prevention of tuberculosis, of cancer, of malaria and other diseases. The study of Oral Hygiene, directed by the State Board of Health, under the supervision of Mrs. Kennedy, has been completed in about eleven (11) counties; and this work has been highly commended by the educators of the State.
Fortunate and happy should our people be when we remember that diphtheria-the greatly dreaded disease of childhood; the unconquerable disease of typhoid fever, and rabies, are no longer the dread of the human race, but have been conquered; and this State in its Health Department has contributed largely to these scientific problems.
During 1929 the State College of Agriculture, under the direction of its Executive Committee, of which your Governor
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121
is Chairman, and through the leadership of Dr. Andrew M. Soule, the President of the College, and his activity and judgment, the State of Georgia will soon have completed one of the most substantial and permanent athletics buildings in the Southern section of the country, costing about $75,000.00-which has not received a dollar of appropriation. There has also been established in this institution two departments in the education of Hygiene and Sanitation, and the Care of the Child.
DEPARTMENTS
We have eighty-three (83) Departments, Institutions, etc., in this State. By properly applying modern business methods, in accordance with other big business enterprises, there can be saved to this State over $800,000.00 annually, as has been estimated by those who have made investigations. Indeed other states, such as Virginia, saved over a Million Dollars in one year.
There could perhaps be no more important contribution made than to the modernizing of our State Government and State Departments. Words that seem to me to carry with them the meaning and real service are, first, simplicity of organization; 2nd, efficiency in organization, and 3rd, economy in organization. There can be no doubt from the standpoint of a business administration as to what this can accomplish. It is oftentimes the case that statements by officials do not tally in detail-in reports of departments, etc., which is not due to dishonesty, but to the lack of business methods in handling and studying these subjects.
GOVERNMENT
Why not simplify, so that every citizen can understand his State Government? Why not organize, so that every citizen will know that the expenditures in Government are what they should be? Why not demand from every official efficiency in their respective departments? This would bring good-will and the indorsement of the people of this State.
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JOURNAL OF THE SENATE,
OTHER THINGS ACCOMPLISHED BY THE PRESENT ADMINISTRATION
Some of the things that have been suggested and carried out by the present Administration are the following: The keeping and classification of all clemency matters in a report book provided in the Executive Secretary's office, so that any citizen can understand and have an opportunity to inspect these reports; the present Administration has asked every institution that is fostered and supported by appropriations of this State to have prepared a landscape, painting and program in picture form, and placed in the Capitol of this State. Visitors, both in the State and Nation as a whole, could thereby have an opportunity to see and to know Georgia's institutions and property; and the Legislature would have an opportunity to study the building programs that are being carried out concerning her own institutions of the State. Your Capitol grounds and buildings have been improved-and within your appropriation; your Mansion grounds have been improved; a monument to the great War Governor and financier, a man of judgment- with his beloved wife, has been placed on your Capitol grounds, with funds provided by his son, Julius Brown; and as these statutes, monuments, etc., are placed on your grounds, and as these pictures are placed upon the walls of your Capitol, the student bodies of our educational institutions will have the opportunity in a day to gather largely the history of this Commonwealth.
Your Experiment Station, at Griffin, has erected this year the first building of any importance, almost, in its history. This Experiment Station was built primarily for research for the farmers of our State, and for the first time in its history it has been properly equipped for furnishing desired information to the farmer.
There is no industry in which there is a greater need for help of a substantial and sound basis, than that of agriculture, the real life and basis to the progress of our State, furnishing us the necessitities of life and the raw material for every industry.
The buildings and the water supply of your school at Dahlonega have been improved during the present Administration;
SATURDAY, JuNE 29, 1929.
123
and the patronage of that institution has increased under the present Heads of administration of the institution.
There are other institutions in this State that have made progress along building lines-The Georgia School of Technology has completed a new Dining Hall, and for the first time in the history of the school is able to provide sufficient room for the students-and by using the old Dining Hall space, room for about 200 more students has been provided. This building has been constructed at a cost of $130,000.00, from contributions from the Athletic Association of $20,000.00, about this much more from the alumni and friends, $50,000.00 from the Maintenance Fund, with a balance due of $40,000.00; the Georgia State College of Agriculture has erected three new buildings- The Health and Physical Education Building, at a cost of $100,000.00, of which $75,000.00 was furnished to the State-The Nurses School and Home Management Building, the latter two costing about $30,000.00-The three approximating $130,000.00. The Spellman-Rockefeller Foundation contributed $60,000.00 for the maintenance of the Health and Physical Education Building. There has also been accomplished at this Institution a great deal of work in the way of landscape gardening: Also the Junior College, at Douglas; The Woman's College, at Milledgeville, which has completed a Dormitory costing $111,000.00, $51,936.79 being furnished from what is known as The Emergency Fund of the College-representing room rent fees and reservations accumulated over a period long before the death of Dr. Parks, with interest on the money-$39,000.00 from the Maintenance Fund, and the rest borrowed from the Bank. This, of course, is a contribution to the State, and in addition furnishes accommodations for 340 more students-and so on. These have not cost the State any-or a very small amount of money at least-but have been managed by the officials and those connected with the institution, and have given to the State of Georgia property worth several hundred thousand dollars-without a dollar's investment!
During the present Administration there has been secured a steel box for the keeping of Bonds of the Officials of the State,
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JOURNAL OF THE SENATE,
which is placed in the vault of the State Treasury; and through the Secretary of State's office there has been provided a manufacturing plant, which will be completed and ready for operation this year, where the State manufactures her own tags. It is estimated that within three years the State will save enough to entirely pay for the equipment, as well as give employment to those at the State Farm and pay them $1.00 a day, which, of course, will go toward the upkeep of the Farm.
The shortage in the Secretary of State's office, occurring under a previous Administration, of $8,389.99, has been collected and placed in the State Treasury.
In the Adjutant General's office there has been prepared a Roster, or record, of the World's War Veterans, which is accessible to every Ordinary in the State. This has been accomplished during the last eighteen months.
It has fallen the duty and responsibility the Governor of this State to make appointment of several heads of important Departments of our State Government. The present Governor has had to appoint a successor to the late S. G. McLendon, Secretary of State, who passed away last year, naming Hon. George H. Carswell as his successor in office.
The duty and responsibility also of naming a successor to Mr. Fort Land, one of our leaders in education-who rendered valuable service and made an enviable reputation in the Department of Education, has fallen upon the present Governor. Dr. M. L. Duggan was named as his successor.
It became the duty of the present Governor to name the successor to Mr. 0. R. Bennett, of the Public Service Commission, in the person of Hon. Perry T. Knight.
These appointments were approved and ratified by the vote of the people, naming each one as his own successor in office in his respective position.
CRIME
Another important matter to engage your attention is that of the lives, liberty and property of the citizens of our State, which
SATURDAY, jUNE 29, 1929.
125
is fundamental in your Federal Constitution and the Constitution of the State of Georgia-and that is the respect for the majesty and the enforcement of your laws.
There can be no Government without respect for authority and there must be provided a code of Government for any order in a State, or organization; and respect and obedience must be given to these regulations.
It is universally stated that disrespect for law is constantly brought to the public mind through the Press. Without respect for authority there is a tendency to disintegration and the final disruption of Government.
It has been the desire of the Chief Executive of this State, as far as he could possibly do so, to adhere and to maintain the majesty and the enforcement of the law, and to uphold the Judiciary of the State. There is no question in the mind of the present Executive of the fact that there needs to be created in some way a higher respect for life, liberty, property and obedience to law. No one has a right to violate a law because he does not believe in it. They should be enforced or repealed, and not violated.
The program for the coming Administration would not be in order on this inaugural occasion, but it will be given in the first message to the General Assembly.
There are many problems which have confronted the
Administration the last two years-and that will probably confront it in the next two years; but it is the feeling-the con-
scientious conviction of the present Governor, and the one who
is to serve you for two years, that every representative who is
here assembled has a spirit of co-operation and is determined,
so far as it can be done, to eliminate personalities and politics
and to give to the State the greatest, most helpful contributions
in the present General Assembly that have been given to her for
years. The citizens of the State whom you represent will rejoice
in these contributions for their protection, care and support,
and will commend you in all future times; and I pledge to you
my co-operation, so far as my ability lies, in the real service of
every interest in this Commonwealth.
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JOURNAL OF THE SENATE,
Again I express to you and to the citizens of this State my greatest appreciation of the confidence expressed by you in my re-election, and assure you that my motive and soul and heart and efforts shall be for the welfare and upbuilding of this citizenship.
L. G. HARDMAN.
This June 29, 1929.
Benediction was rendered by Rev. Luther Christie, of Atlanta, Georgia.
Miss Bessie Kempton of Fulton moved that the joint session do now dissolve and the motion prevailed.
The Senate returned to the Senate Chamber, and was called to order by the President.
1\'lr. \Villiams of the 16th moved that the Senate do now adjourn until Monday morning, July 1st, next at 11:00 o'clock, and the motion prevailed.
The President declared the Senate adjourned until 11:00 o'clock, A.M. Monday, July 1, 1929.
MoNDAY, JuLY 1, 1929.
127
SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, JuLY 1, 1929.
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.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals reported that the Journal of Saturday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of Saturday's proceedings was dispensed with.
Mr. Myrick of the 1st asked unanimous consent that all senators having bills or resolutions to introduce send them to the Secretary's desk; and the consent was granted.
The following resolution was introduced, read the first. time and referred to the committee:
By Mr. Terrell of the 36thSenate Resolution No. 16. A resolution repealing rules
now governing the Senate of Georgia in executive session. Referred to the Committee on Rules. The following resolution was read and adopted:
By Messrs. Dame, \Villiams of the 16th, Smith, Goode and Mathews--'-
Senate Resolution No. 17. A resolution extending the privileges of the floor to the delegates to the National Education AssoCiation.
The following resolution was read and adopted:
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JouRNAL OF THE SENATE,
By Mr. Neill of the 24th-
Senate Resolution No. 18. A resolution providing for a joint session of the Senate and House on Tuesday July 2, for the purpose of receiving a message from His Excellency, Governor L. G. Hardman; and to also provide for a committee of three from the Senate and five from the House to act a3 escort for the Governor on this occasion.
The President appointed as a committee on the part of the Senate, under the provisions of the above resolution the following Senators, to-wit:
Messrs. Myrick of the 1st, Lawson of the 14th, Alston of the 12th.
The following resolution was introduced, read the first time and referred to the Committee on State of the Re-public.
By Mr. Myrick of the 1st-
Senate Resolution No. 19. A resolution providing for a monument to the Confederate troops of Georgia to be erected on the Battlefield of Gettysburg, to provide for a commission for such purpose, and for other purposes.
The following bills were introduced, read the first time and referred to the committees:
By Mr. Myrick of the 1st-
Senate Bill No. 55. A bill to amend the Constitution so as to provide for certificates of indebtedness for road building and educational purposes.
Referred to Committee on Amendments to Constitution.
MoNDAY, JuLY 1, 1929.
129
By Mr. Smith of the 25th, Mr. Platt of the 7th and Mr. Ford of the lOth-
Senate Bill No. 56. A bill to amend Section 2 of the Georgia workmen's Compensation Act so as to modify the definition of "employee", etc.
Referred to Committee on Commerce and Labor.
By M~. Smith of the 25th, Mr. Platt of the 7th and Mr. Ford of the 1Oth-
Senate Bill No. 57. A bill to amend Section 20 of Georgia workmen's Compensation Act, to define liability of principal, intermediate and sub-contractor.
Referred to Committee on Commerce and Labor.
By Mr. Lawson of the 14th-
Senate Bill No. 58. A bill to define duties and powers of the Sta.te Highway Department so as to give to said Highway Department authority to construct and maintain or aid in the construction of State-Aid roads in towns and cities of Georgia.
Referred to Committee on Highways.
By Mr. Lankford of the 15thSenate Bill ~o. 59. A bill to propose to amend Section
6, Article 7 of the Constitution by adding at the end of said paragraph "To employ county agricultural and county home economics extension workers.
Referred to Committee on Amendments to Constitution.
By Mr. Terrell of the 36th-
Senate Bill No. 60. A bill to amend an Act for protection of birds, fish, game, and fur bearing animals, etc.
Referred to Committee on Game and Fish.
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JouRNAL OF THE SENATE,
By Mr. Dorsey of the 48th-
Senate Bill No. 61. A bill to provide for fishing with seine in any streams in Georgia that dry up in holes.
Referred to Committee on Game and Fish.
By Mr. Terrell of the 36th-
Senate Bill No. 62. A bill to empower and .direct the jury to prescribe the punishment in all cases of misdemeanor and in all cases of felony where under the law the punishment may be reduced to that of misdemeanor as prescribed in Section 1065 of the Penal Code.
Referred to Committee on General Judiciary.
By Mr. Williams of the 27th-
Senate Bill No. 63. A bill to amend an Act approved August 14, 1927, being "An Act to establish for the County of Walton a Board of County Commissioners of Roads and Revenues, etc."
Referred to Committee on Counties and County Matters.
At 11:15 o'clock, Senator Terrell of the 36th asked unanimous consent that the Senate take a recess subject to the call of the chair and the consent was granted.
The Senate accordingly took a recess subject to the call of the chair at 11:15.
At 11:32 the Senate 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 adopted the following resolution of the Senate, to-wit:
MoNDAY, JuLY 1, 1929.
131
By Mr. Neill of the 24th-
Senate Resolution No. 18. A resolution providing for a joint session of the General Assembly, Tuesday, July 2nd at 11 :00 A. M. to receive a message from His Excellency,
Governor L. G. Hardman; and also providing for an escort
of three from the Senate and five from the House.
The Speaker has appointed as a committee on the part of the House the following:
Messrs. Key of Jasper, Johnson of Franklin, Pilcher of Richmond, Cone of Bulloch, Colson of Glynn.
Mr. Myrick of the 1st moved that the Senate do now adjourn and the motion prevailed.
President Neill declared the Senate adjourned, under the rules, until tomorrow morning at 10:00 o'clock.
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JOURNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
TuEsDAY, JuLY 2, 1929.
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 the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Myrick of the 1st asked unanimous consent that the following resolution be withdrawn from the Committee on State of the Republic, read the second time, and recommitted:
By Mr. Myrick of the 1st-
Senate Resolution No. 19. A resolution providing for the erection of a monument to the Confederate soldiers of the State of Georgia on the Battlefield at Gettysburg.
The consent was granted.
Mr. Mathews of the 23rd asked unanimous consent that the following bill be withdrawn from the Committee on General Judiciary No. 1, read the second time, and recommitted.
By Mr. Mathews of the 23rd-
Senate Bill No. 17. A bill to amend an Act authorizing the Ordinaries of the several counties of the State to appoint guardians for idiots, lunatics and insane persons, so as to include therein veterans of the World vVar incompe-
TuESDAY, JuLY 2, 1929.
133
tent to receive government pensions and other funds. The consent was granted.
Mr. Myrick of the 1st asked unanimous consent that all Senators having bills or resolutions to introduce send them to the Secretary's desk for the first reading, and the consent was granted.
The following bills were introduced, read the first time, and referred to the committees:
By Mr. Pickering of the 43rd-
Senate Bill "J\To. 64. A bill repealing an Act approved August 12, 1921 creating Board of Commissioners of Roads and Revenues in and for Murray County.
Referred to Committee on Counties and County Matters.
By Mr. Pickering of the 43rd-
Senate Bill No. 65. A bill creating office of Commissioner of Roads and Revenues in and for Murray County.
Referred to Committee on Counties and County Matters.
By Mr. Vaughn of the 34th-
Senate Bill No. 66. A bill to regulate the practice of law and the performance of legal services.
Referred to Committee on General Judiciary No. 1.
By Mr. Vandiviere of the 39th-
Senate Bill ~o. 67. A bill to provide additional compensation for official stenographic reports of the Superior Courts of Georgia.
Referred to Committee on General Judiciary No.2:
134
JOURNAL OF THE SENATE,
By Mr. Whaley of the 35th-
Senate Bill No. 68. A bill to abolish district schools of agriculture and the mechanic arts in the respective congressional districts of Georgia.
Referred to Committee on University of Georgia and its Branches.
By Mr. Pitner of the 50th-
Senate Bill No. 69. A bill to define power of county authorities to levy taxes.
Referred to Committee on General Judiciary No. 1.
By Mr. Allen of the 41st, Mr. Vandiviere of the 39th and Mr. Tyson of the 2nd-
Senate Bill No. 70. A bill to amend the Constitution so that no poll tax shall be levied except for educational purposes and such tax shall not exceed two dollars annually upon each poll.
Referred to Committee on Amendments to Constitution.
By Mr. Fletcher of the 22nd by request-
Senate Bill No. 71. A bill to create a state bureau of criminal identification and investigation and providing for a board of managers, etc.
Referred to Committee on General Judiciary No. 1.
The following resolution was introduced, read the first time, and referred to the committee:
By Mr. Allen of the 41st-
Senate Resolution No. 20. A resolution to refund certain monies spent by J. K. Bell of the County of Fulton.
Referred to Committee on Special Judiciary.
TuESDAY, JuLY 2, 1929.
135
The President announced that he had completed the work of drawing up the various standing committees of the Senate for the 1929-1930 session, and ordered the Secretary to read the list, which follows:
ACADEMY FOR THE BLIND
FLETCHER, Chairman
Cannon Lawson :Mathews
PAULK, Vice-Chairman
Peek Terrell
AGRICULTURE
McELMURRAY, Chairman
Allen Barrett Bird Cannon Cook Davis Ford Ham King Lankford
WILLIAMS of the 27th, Vice-Chairman
Lokey Mickle Nichols Paulk Pickering Pitner Platt Tyson williams of the 16th
AlVIENDl\1ENTS TO CONSTITUTION
RAWLS, Chairman
Adams Atkinson Barrett Bird Brewer Cannon Dorsey Fletcher Goode Lawson
VAUGHN, Vice-Chairman
Lokey Mathews McElmurray Myrick Tyson Vandiviere Williams of the 16th Wright Zellars
136
JouRNAL OF THE SENATE,
APPROPRIATIONS
REDWINE, Chairman
PITNER, Vice-Chairman
Bird Brewer Davis Fletcher Ford Goode Ham Hyman Garrison King Lane Lankford
Lawson Mathews McElmurray lVIickle Peebles Platt Sibley Smith Whaley
'Yilliams of 16th wright
DAME, Chairman Atkinson Cannon
AUDITING
BIRD, Vice-Chairman Harris Sibley
BANKS AND BANKING
BIRD, Chairman Allen Brewer Cook Dorsey Ford Lane Lawson l\fickle
DAME, Vice-Chairman Paulk Redwine Terrell \Villiams of the 16th williams of the ~7th Vandiviere Zellars
COMl\-IERCE AND LABOR
VAUGHN, Chairman
FoRD, Vice-Chairman
Adams Atkinson
Cannon Davis
TuEsDAY, JuLY 2, 1929.
13'
Dorsey Garrison Hyman
Mashburn Mathews Nichols
Smith Tyson Whaley Williams of the fl7th Zellars
CONGRESSIONAL AND LEGISLATIVE REAPPORTIONMENT
HAM, Chairman
Adams Alston Myrick
HARRIS, Vice-Chairman
Nichols Terrell
CORPORATIONS
LANE, Chairman
Cannon Ford Lawson
GARRISON, Vice-Chairman
Mathews Pickering
COUNTIES AND COUNTY MATTERS
GooDE, Chairman
Adams Atkinson Barrett Brewer Cook Dame Dorsey Fletcher Ham Hyman
NICHOLS, Vice-Chairman
Kidd King Lane Lankford Lokey McElmurray Pickering Rawls whaley
138
JouRNAL OF THE SENATE,
NICHOLs, Chairman
Fletcher Ford
DRAINAGE
CooK, Vice-Chairman
Kidd Paulk
EDUCATION AND PUBLIC SCHOOLS
ZELLARS, Chairman
SMITH, Vice-Chairman
Adams Alston Barrett Davis Ford Goode Kidd King Lankford Mashburn
Mickle Nichols Paulk Peebles Peek Rawls Sibley Tyson Williams of the 27th Wright
KmD, Chairman
Ford Peek
ENGROSSING
BARRETT, Vice-Chairman Platt Smith
ENROLLMENT
PAULK, Chairman Adams Barrett Kidd
ALLEN, Vice-Chairman Mathews Mickle Terrell
FINANCE
LANKFORD, Chairman PLATT, Yice-Chairma11
Alston Barrett Brewer
Dame Dorsey Garrison
TuESDAY, JuLY 2, 1929.
139
Goode Harris Lawson Mathews Myrick Peek Pickering Pitner Redwine
Sibley Tyson Vandiviere Vaughn Whaley Williams of the 16th Williams of the ~7th Wright Zellars
CooK, Chairman
Allen Cannon Dame Davis
FORESTRY
ALSTON, Vice-Chairman
Ham Harris King Pitner
GAME AND FISH
WILLIAMS of the 16th, Chairman
ALSTON, Vice-Chairman
Allen Atkinson Barrett Cook Ham Harris Hyman Kidd Lankford Lokey
McElmurray Myrick Nichols Sibley Terrell Tyson Vandiviere Williams of the ~7th Zellars
GENERAL JUDICIARY NUMBER ONE
HYMAN, Chairman
TYSON, Vice-Chairman
Dorsey Fletcher
Ham Lane
140
JOURNAL OF THE SENATE,
Mathews Pitner Terrell
Vaughn wright
Zellars
GENERAL JUDICIARY NUMBER TWO
LAWSON, Chairman
Atkinson Davis King Lankford 1\lyrick
FoRD, Vice-Chairman
Rawls Smith Vandiviere 'Yilliams of the 16th
HALLS AND ROOl\fS
REDWINE, Chairman Peek
V ANDIVIERE, Vice-Chairman
Pickering
HIGHWAYS
TERRELL, Chairman
Allen Alston Bird Cook Dame Davis Fletcher Lane 1\'IcElmurray Mickle Myrick Nichols Paulk
BREWER, Vice-Chairman
Platt Pickering Rawls Sibley Smith Tyson Vandiviere Vaughn "Whaley williams of the ~7th "\Vright Zellars
TuESDAY, JuLY 2, 1929.
141
HYGIENE AND SANITATION
PEEK, Chairman
MAsHBURN, Vice-Chairman
Adams Allen Alston King Lankford J\:IcElm u r r a y J\Iickle
Myrick Nichols Peebles Redwine Sibley Zellars
ALLEN, Chairman
Barrett Bird. Brewer Dame Kidd Lane
INSURANCE
ADAMS, Vice-Chairman
Lokey Paulk Pitner Redwine Sibley Terrell
INTERNAL IMPROVEMENTS
PICKERIKG, Chairman LoKEY, Vice-Chairman
Bird Cook Dame
Garrison Paulk
JOURNALS
MATTHEWS, Chairman
Lokey Garrison
VANDIVIERE, Vice-Chairman
Peebles
MANUFACTURES
WRIGHT, Chairman
PITNER, Vice-Chairman
Bird Cook Dame
Goode Lane Lawson
142
JouRNAL ?F THE SENATE,
MILITARY AFFAIRS
ATKINSON, Chairman
MATHEWS, Vice-Chairman
Bird Cook Davis Garrison Hyman Fletcher Lankford Lawson
McElmurray Myrick Nichols Rawls Redwine Tyson Vaughn Williams of the 16th
MINES AND MINING
ALLEN, Chairman
BARRETT, Vice-Chairman
Cannon Davis Garrison
Harris Lokey
MUNICIPAL GOVERNMENT
DAvis, Chairman
PEEBLES, Vice-Chairman
Adams Atkinson Brewer King Myrick Platt Rawls
Redwine Terrell Vandiviere Vaughn Whaley Williams of the 16th Williams of the 27th
SMITH, Chairman
Allen Barrett Cannon Dame Fletcher
PENITENTIARY
DAVIS, Vice-Chairman
Garrison Goode Harris Hyman Kidd King
TuESDAY, JuLY 2, 1929.
14~
Lankford Lokey Mashburn McElmurray Paulk Pickering
Platt Rawls Smith Terrell Whaley Zellars
HAM, Chairman
Adams Cook Dame Lokey
PENSIONS
CANNON, Vice-Chairman
Nichols Peebles Smith
PRIVILEGES AND ELECTIONS
VANDIVIERE, Chairman BREWER, Vice-Chairman
Allen Atkinson Fletcher Garrison
Goode Lane Lawson
Mashburn .Myrick Pitner Redwine Terrell Tyson Whaley
PRIVILEGES OF THE FLOOR
WILLIAMS of the 27th, Chairman
MASHBURN, Vice-Chairman
Lankford Lokey
Redwine
PUBLIC LIBRARY
KING, Chairman
DAVIS, Vice-Chairman
Cook Garrison
Mashburn
144
JouRNAL OF THE SENATE,
Pitner Platt Smith
Tyson Zellars
PUBLIC PRINTING
MASHBURN, Chairman WRIGHT, Vice-Chain:
Atkinson Brewer King Lane
Lankford Vaughn Zellars
PUBLIC PROPERTY
WHALEY, Chairman
LoKEY, Vice-Chairm:
Allen 1\'lashburn l\lcElmurray
Pitner Wright
TYsoN, Chairman
Atkinson Dorsey Hyman Lawson Mathews Pickering
RAILROADS
FLETCHER, Vice-Cha
Rawls Terrell Vandiviere Vaughn ':Vhaley Zellars
\
THE PRESIDENT' Chairman
Brewer Dorsey Goode Hyman Lane
RULES
1\'1YRICK, Vice-Chain
Mashburn McElmurray Peek Pitner Rawls
TuESDAY, JuLY 2, 1929.
145
Redwine Terrell Tyson Vandiviere
Vaughn Williams of the 27th Zellars
SCHOOL FOR THE DEAF
MICKLE, Chairman Barrett Ham Peebles
HARRIS, Vice-Chairman Peek Pickering
SPECIAL JUDICIARY
DoRSEY, Chairman Allen Ford King Lawson
PEEBLES, Vice-Chairman Mathews Pickering 'Williams of the 16th
STATE OF THE REPUBLIC
BREWER, Chairman
LANKFORD, Vice-Chairman
Atkinson Dorsey
Kidd
STATE SANITARIUM
ADAMS, Chairman
PICKERING, Vice-Chairman
Allen Alston Barrett Bird Dame Davis Hyman
:Mickle Peebles Peek Pitner Platt Redwine Sibley
146
JOURNAL OF THE SENATE,
TEMPERANCE
SIBLEY, Chairinan
NICHOLS, Vice-Chairman
Adams Ham Kidd
:Mashburn
Peek wright
TRAINING SCHOOLS
MYRICK, Chairman
WHALEY, Vice-Chairman
Fletcher Ford Peebles
Redwine wright
TUBERCULOSIS SANITARIUM AT ALTO
GARRISON, Chairman
GooDE, Vice-Chairman
Alston Barrett Harris
Lokey Mickle Peek
UNIFORM LAWS
FoRD, Chairman
HYMAN, Vice-Chairman
Cannon Goode
Lane
UNIVERSITY OF GEORGIA AND ITS BRANCHES
PITNER, Chairman
LAwsoN, Vice-Chairman
Atkinson Brewer Cook Ford Goode Myrick
Platt
Rawls Sibley Smith Vaughn "Whaley williams of the 16th
Williams of the 27th
TuESDAY, JuLY 2, 1929.
147
WESTERN AND ATLANTIC RAILROAD
PLATT, Chairman
PICKERING, Vice-Chairman
Allen Alston Barrett Dame Garrison Harris King
Mashburn
McElmurray Pitner Sibley Smith Vandiviere Vaughn whaley
Williams of the 27th Wright
At 10:34 o'clock Mr. Mvrick of the 1st asked unanimous consent that the Senate t~ke a recess subject to the call of the chair, and the consent was granted.
The hour of 11 :00 o'clock having arrived, the Senate was called to order by the President, and repaired to the Hall of the House of Representatives for the purpose of receiving a message from His Excellency, Governor L. G. Hardman.
The joint session was called to order by the President of the Senate, Mr. Neill.
His Excellency, Governor Hardman, accompanied by a joint committee of the Senate and House, appeared upon the floor of the House and the Governor was escorted to the Speaker's stand by the committee.
By order of the President, the resolution calling for the joint session of the General Assembly was read by the Secretary of the Senate.
His Excellency, Governor L. G. Hardman, then delivered the following address to the General Assembly:
148
JOURNAL OF THE SENATE,
MR. PRESIDENT, MR. SPEAKER,
MEMBERS OF THE GENERAL AsSEMBLY:
We have been permitted as Governor, and many of you as members of the General Assembly, to serve the people of the State of Georgia in the legislative and executive capacity for the last two years, and you are again organized for the purpose of legislation in the interest of the affairs of the State.
While each of you have studied the problems that it is your duty and responsibility to solve in the interest of the entire people, the Governor in this State, under your laws, is authorized and directed to present to you the financial condition of affairs of the State, and to recommend to you such measures as in his judgment will be wise and beneficial in developing, protecting and directing the interests of this Commonwealth.
The law provides that the Legislative Department, the Judicial Department and the Executive Department shall be forever kept separate and distinct; and yet, there is a relationship between these respective departments intended for the good of the whole, which demands co-operation between each to attain to the highest and best interests of the State; and to this end the Chief Executive is sure that every member of this General Assembly is ready to serve this State and its best interests to the very highest degree.
Some of the problems that confronted the previous Legislature are not now problems for you to solve; but other problems, more manifest than ever before, claim your deepest study and best judgment in order that you may solve them for the entire interest of every element and resource of our State.
In presenting to you the financial condition of the State. and suggesting and recommending to you certain legislation, I do so with the consciousness that each one of you have studied these problems and have convictions and judgments of your own; and in making the recommendations I desire to be in harmony with you, in order that we may secure for the State the very
TuESDAY, JuLY 2, 1929.
149
best legislation, and at the same time, I know that you will grant me the right to present to you measures and methods that my conscience and judgment dictate to me should be enacted into laws at the present session of the General Assembly.
I wish to assure you that whatever recommendations I shall present to you for enactment into law have been arrived at after study, free from prejudice, or personalities, and for the purpose of serving the whole citizenship of the State; and with these preliminary statements I make the following recommendations for your study during the present session of the General Assembly.
PLAN OF OPERATION
First, I recommend that the machinery for the operation of the General Assembly, such as the appointment of the various committees, be named as early as practicable, and that we begin work, providing two sessions each day, and the meeting of the committees as promptly as conditions will permit.
It appeals to me that it is better business, and will give us wiser legislation to do our work in the beginning of the session, rather than to have a crowded condition of legislation toward the end, which would probably disturb our judgments and bring to us legislation that would perhaps be unfinished and unwise. If any time is to be taken off, or recessed, may it not come toward the close of the session when you have finished your work? May we not finish our work and not carry it over to be finished during the last night of the session, or on the morning of the Sabbath, which is recognized by our laws and by our people as illegal legislation?
FINANCES
The most important problem of the present session is the matter of finances-and I suggest that we take first things first, and that we solve the problems in the order of their importance and urgency.
Finance means "a science of government budgets of revenues and expenditures." Budget means "an estimate by a govern-
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ment of its probable income and expenditures for the ensuing year or years, with proposals for maintaining a proper balance between the totals.''
INVESTIGATING AND BUDGET COMMISSION
The law requires the Governor to present to the General Assembly the report of the Investigating and Budget Commission.
The Investigating and Budget Commission, as provided by law, has presented you with the estimated revenue for 1930 and 1931, which is $10,356,145.43, and the fixed appropriation, as provided by law, $3,124,842.42, leaving a balance of $7,231,302.96 for distribution. The revenue is based on income of previous years under our present tax system. It has also given you a budget of expenditures in keeping with your revenue. It provides for the taking care of the fixed sums by law that you shall appropriate for those departments. It then prorates on your previous appropriation of 1927 the remainder of the sum of revenue it is estimated you will receive under the present tax system, thereby presenting to you a balance of your income and your expenditure.
EXAMINING COMMISSION
The Examining Commission is directed under our law to make their report directly to the General Assembly.
The Examining Commission is required under your law to visit institutions and departments of State and to bring to you the financial condition of the State's revenue, its amount, its sources and the amount appropriated by the previous Legislature-the amount unpaid; and to recommend to you such appropriations as in their judgment will meet the needs of the departments and institutions. It examines into the appropriations of the previous Legislature, and the necessity for same; and shall report its opinion as to whether or not the same shall be discontinued, decreased or increased in amount.
Your law also provides that they shall draw an appropriation and other bills representing the needs and changes of the depart-
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151
ments and institutions, and present same to you for your consideration.
The duties and service of these Commissions are somewhat overlapping, both in membership and duties, and yet each one serves a distinct purpose-and each has presented their report for your information and study.
The Governor recommends that our laws be so changed as to provide for only one Commission, and that such authority and power be given to this Commission as in your judgment will serve the entire interest of this State.
URGENT NEEDS
The most urgent need under the head of Finance is providing for the deficit that has been created by the Legislature of 1927, due to the excess of appropriations over and above the income received, or the lack of providing sufficient revenue or income to take care of the appropriations made.
The amount of appropriations made in excess of the revenue received for 1928, as presented by the State Auditor, is $1,504,074.69. The estimated deficit, as presented by the Auditor of the State, for the year 1929 is $2,272,402.44, which makes a total of estimated deficit created by the excessive appropriation beyond your income of a total of $3,777,444.13 for the years 1928 and 1929; and the Chief Executive recommends that you first provide revenue for taking care of this deficit for these years, 1928 and 1929, and that this revenue, if possible, be immediately available for the retiring of the deficit created by the former Legislature-that the common schools and higher education, and all other institutions may receive prompt relief and care for their maintenance and building programs.
If the appropriations as made by the General Assembly of 1927, and recommended by the Examining Commission, are to be continued, it is absolutely necessary that you provide new sources and additional revenue to maintain the departments and institutions of the State for the years 1930 and 1931.
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TAXES
The Executive of this State appointed a Tax Commission to study our tax system, and to present to you their findings for your information and study; and in order that the support of the State Government and State institutions may be properly distributed upon the values of this State, the Governor recommends the establishment of a Tax Commission, consisting of three (3) outstanding business men of this State, to handle our taxes and the providing for revenue to properly and adequately care for the entire interests fostered by the State.
It is the opinion of the Chief Executive of this State that every value of all classes should bear a reasonable burden or support of the State, and that such measures should be enacted as will provide for the State such distribution of the support.
BORROWING OF MONEY BY STATE INSTITUTIONS
There has been borrowed by State institutions-due in part to the lack of provision for revenue in 1927 to take care of the appropriation, the sum of $791,405.82-$552,725.29 for Maintenance, and $238,680.53 for Building. Some of the institutions have borrowed more money than was appropriated in 1927. They have assumed to themselves the authority and wisdom of determining the needs of the institution, which authority exists in the legislative body of this State; and there has developed a serious problem as to what extent these institutions are authorized to create a debt, and under what authorityand who is responsible for the debt created.
Under our Constitution no debt can be created against the State; and according to the opinion of the Attorney General furnished the Governor of this State, no body of trustees can create a debt against the State's property which is held by them in the name of the State. It appears, with these facts, that a loan secured by the trustees is either a loan on faith, or if they sign a note, or notes, they will be personally responsible. This is a matter of law to be determined.
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153
The total amount of money earned by these institutions and unpaid on June 1st, under appropriations made in 1927, amounts to $682,162.39. The rate of interest paid by these institutions is 6% in two instances, 7% in another, and the remainder, 8%.
If the State pays the debts created by these institutions, under resolutions by the Board of Trustees, it creates a high rate of interest which the State would pay in case these loans are taken care of by appropriations of the General Assembly.
The Governor of this State suggested to the last General Assembly that measures looking to the taking care of conditions should be handled, and that no such debt should be created; and the Chief Executive of this State recommends to you the study of this situation, and that you provide for such legislation as will care for the embarrassing situation of these institutions.
STATE VALUES
The State's wealth, as estimated by the Census of 1923, is $3,896,750,000.00, and its tax value, as given by the Tax Commission, is $2,276,904,734.00. On the basis of the tax values, with the addition of Special Taxes, the State of Georgia for 1928 received a revenue or a total income of $23,855,007.59-$14,231,541.66 was Special Allocated Funds, and $9,623,494.93 was your revenue from taxes that went into the General Fund, which is subject to check for appropriations made by the General Assembly.
Another source of revenue is the Western and Atlantic Railroad, which is valued, including its holdings with the terminus in Chattanooga and Atlanta, at $28,000,000.00. From this source of income the Western and Atlantic Rental Assignment Warrants aggregating $4,320,000.00 were issued May 1, 1926. Warrants were made payable at the rate of $45,000.00 per month beginning with January 1, 1928, and the last warrant will mature December 1, 1935, which covers a period of eight years to refund this obligation. The proceeds from the sale of these warrants was $3,169,395.00, and this entire sum was used to meet Pension appropriations. So you will observe that removes, beginning January 1, 1928, from your available revenue for appropriation
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the sum of $45,000.00 per month, which must be provided from and by other sources.
The old Mansion property was leased from June 1, 1928, for 50 years. The annual rental derived from this source through May 31, 1932, is $20,000.00. This rental, under the terms of the Lease contract increases gradually, as provided under contract, each ten years.
The new Governor's Mansion was purchased in December, 1925, for $74,000.00, plus 434% interest per annum on deferred installments, which will make the total cost of this property $82,053.25, including the interest. The monthly payments, which are in the form of purchase warrants, amount to $1,434.11, except the last one which is $308.98 and which will mature June 10, 1930. The income from the old Mansion property, or a sufficient amount of said income, is set aside by law and appropriated to retire the obligations incurred for the new Mansion, and the amount in excess of this goes into the common Treasury.
You will have completed the payment of your new Mansion on June 10, 1930, and you will have a revenue going into the State Treasury from the lease of the old Mansion of $1,434.11 each month thereafter, to be placed in the State Treasury, which should be taken into consideration during the present Legislature.
It is plain to be seen that the revenue from the Western & Atlantic Railroad rental, which aggregated $4,320,000.00 has been consumed. It is also apparent that the funds derived from the Lease of the old Mansion has been directed in its use to pay for the new Mansion. So the State of Georgia has no income from these two sources and no other property that furnishes income to the State at the present that has not already been obligated; and cannot furnish any revenue for the State appropriations until after the expiration of contracts already made.
DEBT
The Bonded Indebtedness of the State of Georgia is $4,781,202.00. This is the only debt the State has in the form of a Bond
TuESDAY, JuLY 2, 1929.
155
Issue. It has obligations created by borrowing money in 1928 and 1929, under your law, for the purpose of paying school teachers to the amount of $3,430,500.00; and for supplementing the cigar and cigarette tax for paying Confederate Veterans, $200,000.0Qfrom, or under, the authority providing for a delay in collecting taxes.
The sum of borrowed money and total indebtedness is $8,411,702.00, all of which will be retired in February, 1930, except the Bonded indebtedness of $4,781,202.00, which leaves your State with the smallest indebtedness of any State in the Union, so far as I know.
INCOME
The Governor of this State recommends that the revenue or income from all sources should be placed in your State Treasury, and that all funds shall be appropriated by the General Assembly and to be paid out of the State Treasury to whatever purpose in their judgment is wise; and that no sources of revenue should be allocated to a special purpose, except that from the motor vehicle tag tax and gasoline tax, which should go to highways of the State--thereby making it possible not to create an additional debt against the State for building highways. Sufficient revenue should be provided for taking care of the common schools, the consolidated schools and higher education from other sources of revenue which you are called upon to provide at this session. There should also be provided sufficient sums for the buildings and maintenance of the State Sanitarium, at Milledgeville, and other State institutions which we are obligated to maintain and support.
All Federal revenue from whatever source derived is covered into the United States Treasury and is paid out only after it is appropriated by Congress. All appropriations made are required to be used for the specific purpose appropriated. Any unexpended balance of the appropriations to be returned to the treasurer.
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THE HIGHWAY COMMISSION'S REPORT
The report of the Highway Commission is furnished you for your information, and in accordance with their recommendation there will be provided bills for your consideration for the purpose of taking care of the contracts made, and also for taking care of future contracts, until sufficient funds are provided to make further progress in the highways.
The recommendations and bills will be submitted to you for your study.
According to a report of the State Auditor, the deficit of the State Highway Department on contracts of estimates unpaid on June 1, 1929, was $1,730,000.00. It is also estimated that on January 1st, 1930, if no other contract is let and nothing is added to the present contracts, with the present revenue, there will be a deficit of $1,000,000.00.
The interest paid on deferred payments in 1928 was $17,593.17; the interest due and unpaid on deferred payments on contracts for the first five months of 1929 was $33,753.00. It is estimated that at the end of 1929 the interest under present plans, at 6%, will be $50,000.00, making a total of $67,593.17 for the years 1928 and 1929; and, it is necessary that the State make some provision for meeting the obligations created by the Highway Commission.
THE HEALTH COMMISSION
The Health Commission appointed by the Governor of this State has also a report, which is submitted to the General Assembly. Other measures, or bills, will be presented to you by this Commission for your study and consideration.
THE EDUCATION COMMISSION
The Education Commission, which was also appointed for the study of the educational situation, has completed their work, and same is submitted to you for your information and study. These are laws that should have your consideration, since your
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157
law provides that one-half of all of the revenue from all sources of income or taxation shall be used and expended for the use and maintenance of the common schools of Georgia, and a direct appropriation of $5,300,000.00; also, one cent tax on kerosene and one-half cent tax on gasoline, as well as funds from the Game and Fish Department.
These different sources of revenue rather complicate than simplify the appropriations, because oftentimes there is no revenue derived from sources named, as provided by law; and it appears to the Governor of this State that a definite sum for the common schools, the Barrett-Rogers Fund and the higher education should be stated and paid from the State Treasury of Georgia.
STATE ORGANIZATION
One of the most important matters that should claim your study is that of State organization; and the Governor has appointed a Commission, which is making a definite report and offering amendments to your law to carry out plans suggested that will give us a modern plan of administering the affairs of this State, which will save. to the State, as has been estimated, over $800,000.00 a year and make more efficient every department.
This modern plan of handling the State's affairs and finances has been adopted by twenty-odd states in the Union. Other states are now making a study of their administrative affairs of state, that they may put in similar administrations. Virginia, Tennessee and Illinois have accomplished especially constructive work along this line.
CRIME COMMISSION
The Crime Commission has also made their report, and a bill has been introduced in keeping with the recommendations of the Crime Commission, which shbuld have your study and -consideration.
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There is no subject that will contribute to the welfare, the protection and the morals of this State as a proper appreciation for authority and law.
One of the great needs of our State is the establishment of a State Bureau of Identification. The importance and far-reaching value of the establishment of this Bureau you cannot comprehend, without a study of many of the problems handled by the ClemencyBoarCl, the Governor of the State and the attorneys who represent the criminal before the Clemency Board. It is the decided opinion of the Governor of your State that nothing would contribute perhaps more to the prevention of crime than through the certainty of identification by fingerprint reading and other elements that will be presented to you in a bill at the present se5sion.
It is the opinion of the Chief Executive of this State that the certainty of identification and punishment are two of the strongest elements to deter or prevent crime, which it seems would be done upon the establishment of this Bureau. I do not know of any subject that offers a greater field for study than does this one.
SPECIAL COMMISSION OF
TUBERCULAR SANATORIUM AT MILLEDGEVILLE
A Special Commission was appointed by the Governor of this State to study the advisability of a tubercular sanatorium at Milledgeville-to study the betterment of conditions there for the care of the tubercular criminal of the State; and I commend this to you for your study and consideration.
VOTING
Under the Constitution of the United States and the states of this Union the privilege to vote and the responsibility of voting is given to every citizen; and perhaps the lack of interest in the elections, and the expression at the ballot box of the wishes of the people of the State is one of our greatest neglects. In order, therefore, that our elections may be better attended and a greater
TuESDAY, JuLY 2, 1929.
159
interest manifested, I recommend that the Primary election be changed from September to August, so as to give a better opportunity for all our citizens to perform this responsible duty.
CHARGE FOR EXTRADITION
Most states charge a fee of $5.00 for granting extradition warrants for the delivery of fugitives from justice; and I recommend a like fee from Georgia, to be placed in the State Treasury.
STATE'S PROPERTY
I recommend for your study and consideration the advisability of having the titles of all property of the State recorded in the Secretary of State's office, and that the titles of the property be filed and kept by the Secretary of State in his office.
Today our titles are held by local Boards or Trustees, and if it should become necessary to make an investigation, an attorney would be compelled to visit almost every section of Georgia.
ESTIMATED VALUE LAND AND BUILDINGS OF THE
STATE INSTITUTIONS
JULY 1, 1929.
Num-
Num- her
Acres her Sec- Estimated
of Main ondary Value-Land
Institution
Land Bldgs. Bldgs. and Buildings
Academy for the Blind..................................... .
School for the Deaf. . . . . . . . . 50 9 ...... $ 200,000.00
Training School for Girls.... 100 3 2
71,000.00
Training School for Boys................................... .
State Sanitarium........... 3,628 28 36
2,000,000.00
Confederate Soldiers' Home ............................... .
University of Georgia {In-
cluding College of Agri.). . . 987 ........... . 2,998,000.00
Ga. School of Technology . . 45 24
1,965,000.00
Bowdon Normal & Indus-
trial School. ............ . 26 2
1
67,000.00
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jOURNAL OF THE SENATE,
Ga. Normal School ......... 270 5
South Ga. A. & M. School .. 315 3 27
State Agricultural & Normal 170 10
4th District A. & M. School. 275 9
5th District A. & M. School. 250 12
6th District A. & M. School. 330 3
8
7th District A. & M. School. 240 9
8th District A. & M. School. 254 5
9th District A. & M. School. 386 9
lOth District A. & M. School. 270 3 11
So. Ga. Junior State College 314 4
7
12th District A. & M. School. 214 7
North Ga. Agricultural Col-
lege ..................... 195 7
Medical College-Univ. of
Ga...................... 40 5
(The land of the Medical Col-
lege is leased for 99 years,
of which 15 years has al-
ready been consumed-at
$5,000.00 a year.)
Ga. State Teachers College .. 266 14
Ga. State College for Women 39 15
Ga. State \Voman's College.. 60 5
Ga. Industrial College for
Colored ................. 120 9
Ga. Normal & Agri. College
(Colored) ................ 100 4
2
School of Agri. & Mech. Arts
(Colored) ................ 150 6
Ga. Experiment Station ..... 129 36
Coastal Plain Experiment
Station .................. 269 21
Tuberculosis Sanatorium .... 319 20
School for Mental Defectives 325 17
State Prison Farm . . . . . . . . . . 3,700 77
350,000.00 177,288.59 200,000.00
99,425.00 152,000.00 182,500.00 144,500.00 125,000.00 155,000.00 100,000.00 155,400.00 153,700.00
111,100.00
850,000.00
750,000.00 1,500,000.00
567,075.00
450,000.00
150,000.00
50,000.00 305,896.00
107,090.00 515,000.00 113,687.00 155,675.00
Total. .............. 13,202 422 82 $ 13,730,836.59
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161
APPROPRIATION FOR STATE CAPITOL IMPROVEMENT
I submit to you a report, or survey, made by expert architects upon the cost and advisability of improving your Capitol. This Capitol has been occupied for forty (40) years on the 15th day of June, 1929, and deterioration, both internal and external, is apparent to every one who takes the occasion to inspect the building-inside and out.
Under the estimates made by architects, this building lacks twenty-eight thousand square feet of having sufficient room to provide for operating the various departments of state on an economic basis; and the Governor of this State recommends strongly the appropriation of sufficient money to complete the first story of this building, and to put in first-class condition the inside and out of your State Capitol; and I recommend that a bill be submitted to your for your consideration, and that you will give it your careful study.
You are paying for rent for the Military Department and Equipment, and the State Board of Health an annual rent amounting to $8,240.00; and with the completion of your present Capitol this would be practically cared for.
CHANGE IN TIME OF MEETING OF THE GENERAL ASSEMBLY
I recommend to you the advisability of the consideration of having the General Assembly to meet in January, and that your inauguration of the Governor also be in January; that your Legislature take twenty (20) days for the introducing of bills, then recess for study, and re-convene at a time that may be suggested by them; also that your Governor be elected for four years, and not eligible to succeed himself.
I recommend also an amendment to the laws of Georgia that provides a runover-that the seGond election shall be held within ten (10) days after the first primary.
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STATE DEPOSITORIES
Your law at present provides that only $50,000.00 shall be received by any one State Depository.
At the present time this seems impossible and impracticable, and such amendment to your law is recommended that will provide, when properly protected, for the State to keep in the depository a sum equal to the bonds held by the State, thereby guaranteeing the safety of these funds deposited in the State Depositories.
INTEREST PAID ON BORROWED MONEY
The State of Georgia in 1927 appropriated $100,000.00 for 1928 and $100,000.00 for 1929 for paying interest on borrowed money.
For money borrowed in 1928, on a 5% basis, it was $185,400.00; and the amount for 1929, if no other"money is borrowed, will be $143,200.00, making a total of $328,600.00, on a basis of 5% interest.
The amount of money borrowed by the institutions, including buildings, as presented to the Governor of this State, is $791,405.82. The average rate of interest paid on this money is 7 1/3%, which would make a total per annum for interest of $58,036.43 which the State would pay if it meets the obligations created by institutions.
This $58,036.43 added to the deficit of $128,600.00 makes a total interest of $186,036.43 by December 31, 1929, providing the sum borrowed by the teachers should be calculated for a whole year.
The interest paid by the Highway Department in 1928 was $17,593.17, and, as estimated for 1929, will be $50,000.00 on December 31, 1929, $33,753.00 having already accrued. This makes a grand total of interest paid by the State of Georgia, as presented in the above statement, of $454,866.03.
TuESDAY, JuLY 2, 1929.
163
The Governor of this State recommends that you provide revenue for taking care of the various needs named, so as to save the State the grand total amount of interest named.
On account of financial conditions existing in New York and other sections of the country, the rate of interest, as you are familiar, ran up on call as high as 15%, or even 20%. So if the State is placed in a financial condition where it is compelled to borrow money, or permit conditions to exist in its institutions which are undesirable, a higher rate of interest can be and will be demanded of the State.
Most Respectfully,
L. G. HARDMAN,
July 2, 1929.
Governor.
Mr. Beasley of Tattnall moved that the joint sess10n do now dissolve, and the motion prevailed.
The Senate reconvened at 12:20 o'clock, P. M. and was called to order by the President.
Mr. Mathews of the 23rd, who had been designated as a member of the Committee on Railroads of the Senate, asked unanimous consent that, on account of personal reasons, he be relieved from service and duty on said committee and that he be allowed to resign from the same, and the consent was granted.
Mr. '''illiams of the 27th moved that the Senate do now adjourn, and the motion was lost.
Mr. Pitner of the 50th moved that the Senate do now adjourn until tomorrow morning at 11:00 o'clock, and the motion prevailed.
The Pre.sident declared the Senate adjourned until tomorrow morning at 11:00 o'clock.
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JouRNAL oF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, JuLY 3, 1929.
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. By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Myrick asked unanimous consent that all senators having bills or resolutions to introduce send them to the Secretary's desk for the first reading, and the consent was granted.
The following resolution was read and adopted:
By Mr. Wright of the 42nd-
Senate Resolution No. 21. A resolutiov felicitating Hon. Sam W. Small on the attainment of his eightieth birthday.
The following resolution was introduced, read and ordered to lay on the table for one day:
By Mr. Goode of the 31st-
Senate Resolution No. 22. A resolution requesting certain information from various schools and educational institutions anticipating appropriations.
The following bills were introduced, read the first time, and referred to the committees:
WEDNESDAY, jULY 3, 1929.
165
By Mr. Goode of the 31st-
Senate Bill No. 72. A bill to amend Code Section 6001 of 1910 by providing compensation for the ordinaries, sheriffs and clerks of the superior courts for public services to which existing law provide no compensations.
Referred to Committee on Counties and County Matters.
By Mr. Williams of the 27th-
Senate Bill No. 73. A bill to amend an Act approved August 21, 1922, Acts 1922, page 176, which provides that the State Highway Board is authorized to construct and maintain State-Aid Roads.
Referred to Committee on Highways.
By Mr. Goode of the 31st-
Senate Bill No. 74. A bill to amend Section 4805 of Code of 1910 providing for a clerk in counties which have no county commissioner.
Referred to Committee on Counties and County Matters.
By Mr. Myrick of the 1st and Mr. Vandiviere of the 39th-
Senate Bill No. 75. A bill to amend Paragraph 1 of Section 13 of Article 6 of the Constitution in so far as the same relates to salaries of justices of the Supreme Court.
Referred to Committee on Amendments to Constitution.
By Mr. Neill of the 24th-
Senate Bill No. 76. A bill to provide for nominations by political parties or organizations in Georgia of candidates for national parties or organizations.
Referred to Committee on Privileges and Elections.
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JOURNAL OF THE SENATE,
By Mr. Neill of the 24th and Mr. Lankford of the 15th-
Senate Bill No. 77. A bill to amend Article 5, Paragraph 1, Section 1 of Constitution so as to provide for election of a Lieutenant-Governor.
Referred to Committee on Amendments to Constitution.
Mr. Zellars of the 30th asked unanimous consent that the following resolution be taken up for consideration at this time:
By Mr. Goode of the 31st-
Senate Resolution No. 22. A resolution requesting certain information from various schools and educational institutions anticipating appropriations.
The consent was granted, and the resolution was adopted,
Mr. Williams of the 27th asked unanimous consent that the following bill be withdrawn from the Committee on Counties and County Matters, read the second time, and recommitted:
By Mr. Williams of the 27th-
Senate Bill No. 63. A bill creating a Board of Commissioners of Roads and Revenues in Walton County.
The consent was granted.
Mr. Brewer of the 46th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President:
Your Committee on State of the Republic has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
wEDNESDAY, JuLY 3, 1929.
167
By Mr. Myrick of the 1st-
Senate Resolution No. 19. A resolution providing for a monument to Georgia soldiers on the battlefield at Gettysburg.
Respectfully submitted,
BREWER of the 46th,
Chairman.
The following Senate resolution was read the third time, and placed upon its passage:
By Mr. Myrick of the 1st-
Senate Resolution No. 19. A resolution providing for the erection of a monument to the Confederate soldiers of the State of Georgia on the battlefield of Gettysburg.
The question was on agreeing to the report of the committee, which was favorable to the passage of the resolution.
The report of the committee was agreed to.
On the passage of the resolution the ayes were 44, nays 0.
The resolution having received the requisite constitutional majority was therefore passed.
Mr. Myrick of the 1st asked unanimous consent that the resolution be immediately transmitted to the House, and the consent was gran ted.
Mr. Myrick of the 1st moved that the Senate do now adjourn, and the motion prevailed.
In accordance with the Senate joint Resolution No. 15, adopted on June 29, 1929, the President Pro tempore announced the Senate adjourned until Monday, July 8, 1929 at 11:00 o'clock, A.M.
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JOURNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, JuLY 8, 1929.
The Senate met pursuant to adjournment at 11 :OOo'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, to-wit:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham, T. C. Harris, B. F.
Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F.
Lokey, c. E.
Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. C.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B. Mr. President
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of last Wednesday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of last \Vednesday's proceedings was dispensed with.
The following privileged resolution was read and adopted.
By Mr. Zellars of the 30th-
Senate Resolution No. 23. A resolution extending the privileges of the floor to Hon. C. M. Stanley of Montgomery, Alabama, during his stay in Atlanta.
MoNDAY, JuLY 8, 1929.
169
Mr. Mathews asked unanimous consent that all Senators having bills or resolutions to introduce send them to the Secretary's desk for the first reading, and the consent was granted.
The following bills were introduced, read the first time, and referred to the committees, ta-wit:
By Mr. Myrick of the 1st-
Senate Bill No. 78. A bill to propose an amendment to Section 3, Article 7 of Constitution to such effect as to permit the issuance of Certificates of Indebtedness of the State to be known as "Georgia Highway Certificates of Indebtedness."
Referred to Committee on Amendments to Constitution.
By Mr. Myrick of the 1st-
Senate Bill No. 79. A bill to provide for establishment and maintenance of public libraries.
Referred to Committee on General Judiciary No. 2.
By Mr. Williams of the 16th-
Senate Bill No. 80. A bill to prohibit towns, cities and municipalities from assessing, collecting or enforcing street tax in event of ratification by the people of an amendment to the Constitution providing for the issuance of bonds for state highway purposes.
Referred to Committee on Highways.
By Mr. Myrick of the 1st-
Senate Bill No. 81. A bill to amend Section 855 (h) and 855 (i) of Park's Annotated Code relative to terms of office of elective officers of towns and villages incorporated by superior courts of Georgia, so as to authorize
170
JouRNAL OF THE SENATE,
such towns and villages to fix term of such officers at two years.
Referred to Committee on Municipal Government.
By Mr. \iVilliams of the 16th-
Senate Bill No. 82. A bill to amend Constitution so as to provide that a citizen may vote upon payment of all poll taxes.
Referred to Committee on Amendments to Constitution.
By Mr. Williams of the 16thSenate Bill No. 83. A bill to fix compensation of tax
receivers for commissions on county-wide tax fqr school purposes.
Referred to Committee on Finance.
By Mr. williams of the 16th-
Senate Bill No. 84. A bill to repeal all alternative road laws now of force as related to levying, assessing, collecting and enforcing of a road tax or commutation tax.
Referred to Committee on Highways.
By Mr. Smith of the 25th-
Senate Bill No. 85. A bill to regulate outdoor advertising.
Referred to Committee on Highways.
By Mr. Vandiviere of the 39th-
Senate Bill No. 86. A bill to regulate the ice business in Georgia, to place same under Public Service Commission.
Referred to Committee on General Judiciary No. 1.
MoNDAY, JuLY 8, 1929.
171
By Mr. Vandiviere of the 39th-
Senate Bill No. 87. A bill to provide for posting of a motor vehicle liability bond.
Referred to Committee on General Judiciary No.2.
By Mr. Mathews of the 23rd-
Senate Bill No. 88. A bill to avoid delays in appeal of criminal cases in which the defendant is convicted of certain felonies. .
Referred to Committee on General Judiciary No. 1.
By Mr. Mathews of the 23rd-
Senate Bill No. 89. A bill to give defendants in all criminal cases the right to open and conclude argument of said cases.
Referred to Committee on General Judiciary No. 1.
By Mr. Mathews of the 23rd-
Senate Bill No. 90. A bill to provide for payment of fees to attorneys appointed by the several courts of this State to represent defendants in criminal cases who are unable to employ an attorney.
Referred to Committee on General Judiciary No. 1.
By Mr. Brewer of the 46th-
Senate Bill No. 91. A bill to create special liens in favor of laborers against road and similar contractors on proceeds of contracts.
Referred to Committee on General Judiciary No. 1.
By Mr. Allen of the 41stSenate Bill No. 92. A bill to require all persons, firms
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JouRNAL oF THE SENATE,
or corporations manufacturing tires or tubes, etc., to have printed day, month and year upon same, when manufactured.
Referred to Committee on Manufactures.
By Mr. Rawls of the 8th-
Senate Bill No. 93. A bill to define offense of abandonment, to provide punishment, and to provide for support of abandoned infants.
Referred to Committee on General Judiciary No. 2.
Mr. Dorsey asked unanimous consent that the following bill be withdrawn from the Committee on Highways, read the second time, and recommitted:
By Mr. Neill of the 24th-
Senate Bill No. 3. A bill to define and declare the amount of highway mileage of this State.
The consent was gran ted.
Mr. Dorsey asked unanimous consent that the following bill be withdrawn from the Committee on Appropriations, read the second time and recommitted:
By Mr. Neill of the 24th-
Senate Bill No. 24. A bill requiring all revenues of the State of Georgia to be deposited into the State Treasury.
The consent was granted.
Mr. Dorsey asked unanimous consent that the following bill be withdrawn from the Committee on Special Judiciary, read the second time and recommitted to the same committee:
By Mr. Neill of the 24thSenate Bill No. 27. A bill to provide for the abolition
MoNDAY, JuLY 8, 1929.
173
of justice courts within Muscogee County. The consent was granted.
Mr. Goode of the 31st asked unanimous consent that the following bills be withdrawn from the Committee on Counties and County Matters, read the second time and recommitted:
By Mr. Goode of the 31st-
Senate Bill No. 72. A bill to amend the Code of Georgia relative to Grand Jury terms.
By Mr. Goode of the 31st-
Senate Bill No. 74. A bill to amend the Code of Georgia relative to Ordinaries' clerks.
The consent was granted.
Mr. Rawls of the 8th asked unanimous consent that the following resolution be withdrawn from the Committee on General Judiciary No. 2, read the second time and recommitted:
By Mr. Rawls of the 8th-
Senate Resolution No. 12. A resolution empowering the State Librarian to furnish to the Courts of the Albany Judi:::ial Circuit missing volumes of Supreme and Court of Appeals reports.
The consent was granted.
Mr. Allen of the 41st asked unanimous consent that the following bills be withdrawn from the Committee on Education, read the second time and recommitted:
By Mr. Allen of the 41stSenate Bill No. 13. A bill to authorize the Mayor of
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JouRNAL OF THE SENATE,
City of Blue Ridge to turn over to the Board of Education certain funds.
By Mr. Allen of the 41st-
Senate Bill No. 14. A bill to incorporate the Blue Ridge public school district.
By Mr. Allen of the 41st-
Senate Bill No. 15. A bill to repeal an Act establishing a system of public schools for the Town of Blue Ridge.
The consent was granted.
At 11:24 o'clock A. M. Mr. Myrick moved that the Senate go into executive session, and the motion prevailed.
The executive session was dissolved at 12:27 o'clock, P.M.
Mr. Myrick of the 1st moved that the Senate do now adjourn until tomorrow morning at 11:00 o'clock, and the motion prevailed.
The President declared the Senate adjourned until tomorrow morning at 11 :00 o'clock.
TuEsDAY, JuLY 9, 1929.
175
SENATE CHAMBER, ATLANTA, GA.,
TuEsDAY, JuLY 9, 1929.
The Senate met pursuant to adjournment at 11:00 o'clock A. M., this day and was ca-lled to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Mvrick of the 1st asked unanimous consent that all senato.rs having bills or resolutions to introduce send them to the Secretary's desk for the first reading, and the consent was granted.
The following bills were introduced, read the first time, and referred to the committees:
By Mr. Pitner of the 50th-
Senate Bill No. 94. A bill creating city court of Washington, Wilkes County.
Referred to Committee on Special Judiciary.
By Mr. Redwine of the 26thSenate Bill No. 95. A bill to provide for method of
selecting official organ for publication of sheriff's sales. Referred to Committee on Counties and County Matters.
176
JOURNAL OF THE SENATE,
By Mr. Goode of the 31st-
Senate Bill No. 96. A bill to create department of law for Georgia.
Referred to Committee on General Judiciary No. 2.
By Mr. Hyman of the 20th-
Senate Bill No. 97. A bill to amend Constitution so as to authorize Washington County to make loans.
Referred to Committee on Amendments to Constitution.
By Mr. Allen of the 41stSenate Bill No. 98. A bill to provide for holding of
three terms annually of Fannin County Superior Court.
Referred to Committee on Special Judiciary.
By Mr. Mathews of the 23rd-
Senate Bill No. 99. A bill to provide for allowance to ordinary transacting general county business, and to provide for fixing of said salary.
Referred to Committee on Counties and County Matters.
By Mr. Redwine of the 26th and Bird of the 49thSenate Bill No. 100. A bill to define and prohibit bucket
shops and dealings therein.
Referred to Committee on Special Judiciary.
By Mr. Ford of the lOth-
Senate Bill No. 101. A bill to amend Section 30 of Georgia Workmen's Compensation Act placing maximum compensation at eighteen dollars.
Referred to Committee on Labor and Labor Statistics.
TUESDAY, }ULY 9, 1929.
177
By Mr. Vandiviere of the 39th-
Senate Bill No. 102. A bill to authorize Commissioner of Roads and Revenues of Cherokee County to lease certain lands to Town of Canton for park purposes.
Referred to Committee on Counties and County Matters.
By Mr. Vandiviere of the 39th-
Senate Bill No. 103. A bill to amend an Act abolishing office of county treasurer of Cherokee County, etc.
Referred to Committee on Counties and County Matt~rs.
By Mr. Vandiviere of the 39thSenate Bill No. 104. A bill to abolish office of tax re-
ceiver and tax collector of Cherokee County. Referred to Committee on Counties and County Matters
By Mr. King of the 11th eta)Senate Bill No. 105. A bill to amend the Penal Code
relative to salaries of Commissioners. Referred to Committee on Finance.
By Mr. Vandiviere of the 39thSenate Bill No. 106. A bill to amend salary of clerk of
Commissioner of Roads and Revenues of Cherokee County. Referred to Committee on Counties and County Matters.
By Mr. Harris of the 44th-
Senate Bill No. 107. A bill to regulate banking tn Georgia.
Referred to Committee on Banks and Banking.
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JouRNAL oF THE SENATE,
By Mr. Williams of the 16th-
Senate Bill No. 108. A bill to amend an Act creating City Court of Dublin.
Referred to Committee on Special Judiciary.
By unanimous consent the following bills were withdrawn from their respective committees, read the second time and recommitted:
By Mr. Myrick of the 1st-
Senate Bill )Jo. 5. A bill to provide that in all actions against railroad companies proof of injury shall be evidence of the want of reasonable skill on the part of servants of the companies.
By Mr. Myrick of the 1st-
Senate Bill No. 11. A bill to legitimatize Edmund Black, Jr.
By Mr. Mathews of the 23rd-
Senate Bill No. 88. A bill to avoid delays m appeals criminal cases.
By Mr. Mathews of the 23rd-
Senate Bill No. 89. A bill to give defendants in criminal cases the opening and closing arguments.
By Mr. Mathews of the 23rd-
Senate Bill No. 90. A bill to provide for payment of attorney's fees to attorneys appointed to represent defendants in criminal cases.
By unanimous consent the following bill was withdrawn from the Committee on General Judiciary No. 2, read
TuESDAY, JuLY 9, 1929.
179
the second time, and recommitted to the Committee on Railroads.
By Mr. Vandiviere of the 39th-
Senate Bill No. 86. A bill to regulate the ice business of this State.
By unanimous consent the following bill was withdrawn from the committee, read the second time, and recommitted:
By Mr. Whaley of the 35th-
Senate Bill No. 68. A bill to abolish the A. & M. Schools.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bills Nos. 63, 64, 65, 41.
Senate Bill No. 72.
Senate Bill No. 74. Respectfully submitted,
GoooE, Chairman.
Mr. Cook of the 45th District, Chairman of the Committee on Forestry, submitted the following report:
Mr. President:
Your Committee on Forestry has had under consideration the following resolution of the Senate and has in-
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JOURNAL OF THE SENATE,
structed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, to-wit:
Senate Resolution No. 13.
Respectfully submitted,
CooK, Chairman.
Mr. Redwine of the 26th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration Senate Bill No. 24 by Mr. Neill of the 24th District and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass as amended.
Respectfully submitted,
REDW1NE, Chairman.
Mr. Rawls of the 8th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to Constitution has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bills Nos. 59, 70, 19.
Respectfully submitted,
RAWLs, Chairman.
TUESDAY, JULY 9, 1929.
181
Mr. Zellars of the 30th District, Chairman of the Committee on Education and Public Schools, submitted the following report:
Mr. President:
Your Committee on Education and Public Schools has had under consideration the following bills and resolution of the Senate and has imtructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bills Nos. 13, 14 and 15.
Senate Resolution No. 14. Respectfully submitted, ZELLARS, Chairman.
The following resolution, favorably reported, was read the second time, to-wit:
By Mr. Wright of the 42nd-
Senate Resolution No. 14. A resolution providing for the creation of an Educational Commission.
The following bills, favorably reported, were read the second time:
By Mr. Garrison of the 33rd-
Senate Bill No. 19. A bill providing for the payment of the expenses of the judges of the Superior Courts of this State when on judicial duty outside of their respective counties.
By Mr. Pitner of the 50th-
Senate Bill No. 41. A bill to abolish the offices of Tax Co.llector and Tax Receiver of Wilkes County, Georgia, and create in lieu thereof the office of Tax Commissioner.
182
JOURNAL OF THE SENATE,
By Mr. Lankford of the 15th-
Senate Bill No. 59. A bill to amend the Constitution of Georgia so as to provide for the employment of county agricultural and home economics agents.
By Mr. Pickering of the 43rd-
Senate Bill No. 64. A bill repealing an Act creating a Board of Commissioners of Roads and Revenues in and for Murray County.
By Mr. Pickering of the 43rd-
Senate Bill No. 65. A bill to create office of Commissioner of Roads and Revenues in and for Murray County.
By Mr. Allen of the 41st and others-
Senate Bill No. 70. A bill to amend the Constitution of Georgia so as to increase poll tax to two dollars for educational purposes.
The following resolution was read the third time and placed upon its passage:
By Mr. Tyson of the 2nd-
Senate Resolution No. 13. A resolution memorializing Congress to create a vVaterways Commission.
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 33, nays 0.
The resolution having received the requisite constitutional majority was therefore passed.
The following bills were read the third time and placed upon their passage:
TuEsDAY, JuLY 9, 1929.
183
By Mr. Allen of the 41st-
Senate Bill No. 13. A bill to authorize the Mayor and Council of the City of Blue Ridge to deliver and pay to the Board of Education of Blue Ridge School District certain monies.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Allen of the 41stSenate Bill No. 14. A bill to establish and incorporate
the Blue Ridge Public School District in Fannin County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Allen of the 41st-
Senate Bill No. 15. A bill to repeal an Act establishing a system of public schools in the Town of Blue Ridge.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
Th~ following bill was read the third time and placed upon 1ts passage:
184
JOURNAL OF THE SENATE,
By Mr. Neill of the 24th-
Seriate Bill No. 24. A bill to require all revenue of the State of Georgia, from whatever source derived and collected to be paid into the State Treasury.
Mr. Neill asked unanimous consent that further consideration of the bill be postponed until tomorrow morning immediately after the order of business of unanimous consents, and the consent was granted.
The following bills were read the third time and placed upon their passage:
By Mr. Williams of the 27th-
Senate Bill No. 63. A bill to amend Act creating a Board of Commissioners of Roads and Revenues for vValton County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Goode of the 31st-
Senate Bill No. 72. A bill to amend Section 6001 of the Code of Georgia, relative to compensation for ordinaries who also manage the county affairs.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 1.
The bill having received the requisite constitutional majority wa3 passed.
TuEsDAY, JuLY 9, 1929.
185
A communication from Mr. "Valter S. Dillon, President of the Lions Club of Atlanta, inviting members of the General Assembly to attend a luncheon today at 12:30 and hear an address by Han. W. T. Anderson of Macon, relative to the proposed State Bond issue, was read.
Mr. Zellars asked unanimous consent that all senators anticipating attending the luncheon be permitted to indicate their intentions by a show of the hand at this time, and the consent was granted.
The following bill was read the third time and taken up for consideration:
By Mr. Goode of the 31st-
Senate Bill No. 74. A bill to allow the ordinaries in the various counties who are vested with the manq,gement of the county fiscal affairs to employ a clerk.
Mr. Zellars of the 30th moved that the bill be tabled.
On the motion to table, the ayes were 24, nays 13, and the motion prevailed.
The bill was therefore tabled.
Mr. Rawls of the 8th asked unanimous consent that the Senate do now adjourn until tomorrow morning at 11:00 o'clock, and the consent was granted.
The President declared the Senate adjourned until tomorrow morning at 11:00 o'clock, A. M.
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JouRNAL oF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
VVEDNESDAY, July 10, 1929.
The Senate met pursuant to adjournment at 11:00 o'dock, A. M. this day and was called to order by the President.
Prayer was offered by Reverend J. P. Erwin, Pastor of the Methodist Church of College Park.
By unanimous consent the call of the roll was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
By unanimous consent the following bills were withdrawn from the committees, read the second time and recommitted:
By Messrs. Bird of the 49th, Williams of the 16th, Peebles of the 18th, and others-
Senate Bill No. 50. A bill to prescribe the laws governing fishing in the fresh waters of this State.
By Mr. Redwine of the 26th-
Senate Bill No. 95. A bill to provide for the selection of the official organ in certain counties.
By Mr. Vandiviere of the 39th-
Senate Bill No. 102. A bill to allow Cherokee County Board of Commissioners to lease certain lands to town of Canton for park purposes.
By Mr. Vandiviere of the 39thSenate Bill No. 103. A bill to amend Act abolishing
WEDNESDAY, JuLY 10, 1929.
187
office of County Treasurer of Cherokee County.
By Mr. Vandiviere of the 39th-
Senate Bill No. 104. A bill to abolish office of Tax Receiver and Tax Collector in Cherokee County, and create Tax Commission therein.
By unanimous consent the following bill was withdrawn from the Committee on Finance, read the second time, and recommitted to the Committee on Penitentiary.
By Mr. King of the 11th and othersSenate Bill No. 105. A bill to raise the compensation
of the Prison Commissioners.
By unanimous consent the following bills were withdrawn from the committees, read the second time and recommitted:
By Mr. Vandiviere of the 39thSenate Bill No. 106. A bill to amend Act fixing the
salary of the County Commissioners of Cherokee County.
By Mr. Mathews of the 23rd-
Senate Bill No. 99. A bill to permit ordinaries to receive payment for certain services rendered.
By unanimous consent the following bills were introduced, read the first time and referred to committees:
By Mr. Vaughn of thd 34th eta)-
Senate Bill No. 109. A bill to provide for the substitution of a new chapter in lieu of Chapter 4, Volume 8, of Code of Georgia containing Sections 2120 and 2121 relative to State Board of Entomology, Horticulture and Pomology.
Referred to Committee on General Judiciary No. 2.
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JouRNAL OF THE SENATE,
By Mr. Lawson of the 14th-
Senate Bill No. 110. A bill to provide for additional exemption from jury duty.
Referred to Committee on General Judiciary No. 2.
By Mr. Lawson of the 14th-
Senate Bill No. 111. A bill to provide for the qualification of judges and jurors in trial of cases.
Referred to Committee on General Judiciary No. 2.
By Mr. Zellars of the 30th-
Senate Bill No. 112. A bill to regulate manner in which motor vehicles transporting passengers for hire shall be placed under supervision and regulation of the Public Service Commission of Georgia.
Referred to Committee on Railroads.
By Mr. Redwine of the 26th and Mr. King of the 11thSenate Bill No. 113. A bill to fix salary of secretary of
state, the comptroller-general and the state treasurer. Referred to Committee on Finance.
By Mr. Lawson of the 14thSenate Bill No. 114. A bill to further regulate the
granting of new trials. Referred to Committee on General Judiciary No. 2.
By Mr. Dorsey of the 48thSenate Bill No. 115. A bill to amend Code Section 3222
comonly known as "Statute of Frauds, requiring certain obligations to be in writing.
Referred to Committee on General Judiciary No. 1.
WEDNESDAY, JuLY 10, 1929.
189
Mr. Lankford of the 15th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass as amended.
Senate Bill No. 38. Requiring dealers in automobiles to send to Secretary of State name of persons purchasing cars during previous month.
Respectfully submitted,
LANKFORD, Chairman.
Mr. J. H. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consider~tion the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 5, introduced by Mr. Myrick of the 1st District.
Senate Bill No. 11.
Respectfully submitted,
DoRsEY, Chairman.
Mr. Lawson of the 14th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
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JouRNAL oF THE SENATE,
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills and resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Resolution No. 12.
Senate Bill No. 46.
Senate Bill No. 79.
Respectfully submitted,
LAwsoN of the 14th,
Chairman.
Mr. Vaughn of the 34th District, Chairman of the Committee on Commerce and Labor, submitted the following report:
Mr. President:
Your Committee on Commerce and Labor has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 47.
VAUGHN, Chairman.
The following bills, favorably reported, were read the second time:
By Mr. Whaley of the 35th-
Senate Bill No. 38. A bill to require automobile owners to file certain information with the Secretary of State.
WEDNESDAY, }ULY 10, 1929.
191
By Mr. King of the 11th-
Senate Bill No. 46. A bill to provide that women may be ~ompelled to attend court under subpoenas as witnesses.
By Mr. Vaugh'n of the 34th-
Senate Bill No. 47. A bill to amend the Workmen's Compensation Act so as to authorize the Insurance Commissioner to require detailed statements regarding payments of compensation, etc., and for other purposes.
By Mr. Myrick of the 1st-
Senate Bill No. 79. A bill to provide for the establishment and maintenance of public libraries.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
By Miss Kempton and Messrs. Still and Brown of Fulton-
House Bill No. 101. A bill to be entitled an Act authorizing certain counties to prescribe the term and period of fiscal years, and for other purposes.
By Miss Kempton and Messrs. Still and Brown of Fulton-
House Bill No. 141. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, and for other purposes.
The following bills were read the third time and placed upon their passage:
192
JouRNAL OF THE SENATE,
By Mr. Myrick of the 1st-
Jr.Senate Bill No. 11. A bill to :lel~litimatize Edmund Black,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Pitner of the 50thSenate Bill No. 4.1. A bill to abolish the offices of Tax
Receiver and Tax Collector in Wilkes County and create in lieu thereof 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 38, nays 0.
The bill having received the requisite constitutional. majority was passed.
The following resolution was read the third time and placed upon its passage:
By Mr. Wright of the 42ndSenate Resolution No. 14. A resolution creating an
Educa tiona! Commission.
Mr. Dorsey moved that the resolution be tabled. On the motion Mr. Lankford of the 15th called for the ayes and nays and the call was sustained. The roll call was ordered and the vote was as follows~
.WEDNESDAY, }ULY 10, 1929.
193
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Bird, A. J. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H.
Ford, P. B. King, E. R. Lankford, Geo. W. Mathews, Sam M. Mickle, C. M. Pickering, V. C.
Rawls, H. G. Redwine, Chas. D. Terrell, J. Render Whaley, W. V. Williams, Fel,ix C.
Those voting m the negative were Messrs.:
Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Brewer, J. C. Fletcher, J. M. Garrison, J. M. Goode, Geo. L. Ham, T. C. Harris, B. F. Hyman, J. E.
Kidd, W. J. Lane, W. T. Lawson, H. F. Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L.
Pitner, J. M. Platt, Wm. H. Sibley, J. Hart Smith, Jno. A. Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Williams, E. M. Wright, Seaborn Zellars, B. B.
On the motion to table the resolution the ayes were 17, the nays 32, and the motion was therefore lost.
Mr. Zellars of the 30th called for the previOus question, and the call was sustained.
The main question was ordered.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the resolution Mr. Hyman of the 20th called for the ayes and nays, and the call was sustained.
The roll call was ordered.
Mr. Rawls asked unanimous consent that the rule permitting Senators five minutes within which to explain their vote be suspended.
Mr. Hyman objected.
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On the call of the roll, the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Brewer, J. C. Dame, George M.
Davis, J. s.
Fletcher, J. M. Goode, Geo. L. Ham, T. C.
Kidd, w. J.
Lane, W. T. Lawson, H. F. Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Pitner, J. M.
Platt, Wm. H. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn,C.R. Williams, E. M. Wright, Seaborn Zellars, B. B.
Those voting m the negative were Messrs.:
Adams, Geo. W. Bird, A. J. Cook, Jno. M. Dorsey, J. H. Ford, P. B. Garrison, J. M.
Harris, B. F. Hyman, J. E. King, E. R. Lankford, Geo. W. Mathews, Sam M. Mickle, C. M.
Peebles, Leon L. Pickering, V. C. Rawls, H. G. Redwine, Chas. D. Whaley, W. V. Williams, Felix C.
By unanimous consent the verification of the roll call was dispensed with.
On the passage of the resolution the ayes were 31, the nays were 18.
The resolution having received the requisite constitutional majority was passed.
Mr. Myrick of the 1st moved that the Senate do now adjourn, and the motion prevailed.
In accordance with Senate Rule No. 113, the President declared the Senate adjourned until tomorrow morning at 10:00 o'clock.
THURSDAY, JuLY 11, 1929.
195
SENATE CHAMBER, ATLANTA, GA.,
THuRsDAY, JuLY 11, 1929.
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. J. P. Erwin, Pastor of the Methodist Church of College Park.
By unanimous consent the call of the roll was dispensed with.
Mr. Vandiviere, Vice-Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Myrick of the 1st asked unanimous consent that during the first part of the order of unanimous consents the following shall be observed as the order of business:
1. Introduction of New Matter. 2. Report~ of Standing Committees.
3. Second reading of Senate and House Bills favorably reported.
4. Third reading and passage of local Senate and House bills which are uncontested.
5. Third readtng and passage of General Senate and House bills having a local application, which are uncontested.
6. First reading of House Bills.
The consent was granted, and the same was accordingly established as the order of business during the first part of the order of unanimous consents.
196
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The following bills were introduced, read the first time, and referred to the Committees:
By Mr. Zellars of the 30th-
Senate Bill No. 116. A bill to provide that non-residents of State must first obtain a license to operate a motor vehicle, unless such non-resident be from a State granting this privilege to citizens of this State.
Referred to Committee on Highways.
By Mr. Lane of the 13th-
Senate Bill No. 117. A bill to require safety devices on public highways on approaching a river or other streams where ferry boats are used to transport and carry persons.
Referred to Committee on Highways.
By Mr. Lane of the 13th-
Senate Bill No. 118. A bill to regulate sales under power of sale in security deeds, mortgages and bills of sale.
Referred to Committee on General Judiciary No. 1.
By Mr. Lane of the 13th-
Senate Bill No. 119. A bill to provide for trial of sections at law of a complicated nature, by courts of record in Georgia.
Referred to Committee on General J udic.iary No. 1.
By Mr. Zellars of the 30th-
Senate Bill No. 120. A bill to authorize the General Assembly to lay and collect taxes on net incomes.
Referred to Committee on Amendments to Constitution.
THURSDAY, JuLY 11, 1929.
197
By Mr. Williams of the 16th-
Senate Bill No. 121. A bill to amend an Act creating City Court of Swainsboro.
Referred to Committee on Special Judiciary.
By Mr. Smith of the 25th-
Senate Bill No. 122. A bill to amend an Act fixing salaries of the Superintendent, Warden, Physician and Bookkeeper at the State Farm.
Referred to Committee on Penitentiary.
By Mr. Smith of the 25th and Mr. Myrick of the 1stSenate Bill No. 123. A bill to amend an Act providing
for execution by electrocution, etc.
Referred to Committee on Peniten(iary.
By Mr. Lawson of the 14th-
Senate Bill No. 124. A bill to amend Paragraph 1, Section 2 of Article 7 of the Constitution of Georgia so as to classify property for taxation, adopt different rates and methods for different classes of property and to segregate different classes of property, for State and local taxation.
Referred to Committee on Amendments to Constitution
By Mr. Vandiviere of the 39th-
Senate Bill No. 125. A bill to regulate dry cleaning plants, laundries, pressing clubs, etc.
Referred to Committee on General Judiciary No. 2.
The following resolution was introduced, read the first time and referred to the Committee:
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JouRNAL oF THE SENATE,
By Mr. Ham of the 6th-
Senate Resolution No. 24. A resolution to consider the ''Sound Teacher Retirement Law."
Referred to Committee on Education.
Mr. Vaughn of the 34th District, Chairman of the Committee on Commerce and Labor, submitted the following report:
Mr. President:
Your Committee on Commerce and Labor has had under consideration the following bills of the Senate and has in structed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 56.
Senate Bill No. 101, as amended. Respectfully submitted, VAUGHN, Chairman.
Mr. Tyson of the 2nd District, Chairman of the Committee on Railroads, submitted the following report:
Mr. President:
Your Committee on Railroads has had under consideration the following bills of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, to-wit:
By Mr. Myrick of the 1stSenate Bill No. 6.
By Mr. Vandiviere of the 39thSenate Bill No. 86. Respectfully submitted, TYSON, Chairman.
THURSDAY, JuLY 11, 1929.
199
Mr. Bird of the 49th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President:
Your Committee on Banks and Banking has had under consideration the following bill of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 7.
Respectfully submitted,
BIRD, Chairman.
Mr. Goode of the 31st District, Chairman of the Committee on County and County Matters, submitted the following report:
Mr. President:
Your Committee on County and County Matters has had under consideration the following bills of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 95.
Senate Bill No. 102.
Senate Bill No. 103.
Senate Bill No. 104.
Senate Bill No. 106.
Respectfully submitted,
GooDE, Chairman.
Mr. Terrell of the 36th District, Chairman of the Committee on Highways, submitted the following report:
200
JouRNAL OF THE SENATE,
Mr. President:
Your Committee on Highways has had under consideration the following bill of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 3.
Respectfully submitted,
TERRELL, Chairman.
Mr. Hyman of the 20th District, Chairman of the Com mittee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bills of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 12. Senate Bill No. 52. Senate Bill No. 62.
Senate Bill No. 90.
Respectfully submitted, HYMAN, Chairman.
The following message was received from the House through Mr. Moore, the Clerk, thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
THURSDAY, jULY 11, 1929.
201
By Messrs. Alexander, Grayson and Mills of Chatham-
House Bill No. 14. A bill to be entitled an Act to authorize state banks in certain cities to establish branch banks in said cities, and for other purposes.
By Messrs. Simmons and Griffin of Decatur-
House Bill No. 21. A bill to be entitled an Act to amend an Act incorporating the Town of Attapulgus, so as to change the corporate limits of said town, and for other purposes.
By Mr. Dickey of Gordon-
House Bill No. 77. A bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Gordon County, and for other purposes.
By Messrs. Gillen, Cooper and Nottingham of Bibb-
House Bill No. 84. A bill to be entitled an Act to amend an Act creating a new charter for the City of Macon, so as to increase compensation paid members of the Board of Water Commissioners, and for other purposes.
By Mr. Felker of Walton-
House Bill No. 168. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of\Valton, and for other purposes.
By Messrs. Stanton and Beaton of Ware-
House Bill No. 170. A bill to be entitled an Act to repeal an Act providing a new charter incorporating the Town of \Varesboro, and for other purposes.
By Messrs. Stanton and Beaton of WareHouse Bill 171. A bill to be entitled an Act to amend
202
JouRNAL OF THE SENATE,
an Act providing a new charter for the City of Waycross so as to to reduce the corporate limits of said city, and for other purposes.
By. Mr. Harris of Crisp-
House Bill No. 192. A bill to be entitled an Act to amend the charter of the City of Cordele, and for other purposes.
By Mr. Byars of Spalding-
House Bill No. 211. A bill to be entitled an Act to amend an Act providing a charter for the City of Griffin, so as to extend the corporate limits of said city, and for other pur. poses.
By Mr. Felker of Walton-
House Bill No. 227. A bill to be entitled an Act to repeal the Act establishing a Board of Commissioners of Roads and Revenues for Walton County, and for other purposes.
By Mr. Bentley of Murray-
House Bill No. 228. A bill to be entitled an Act to repeal the Act creating a Board of Commissioners of Roads and Revenues for Murray County, and for other purposes.
By Mr. Bentley of Murray-
House Bill No. 229. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for Murray County, and for other purposes.
By Messrs. DuBose and Wood of Clark.
House Bill No. 231. A bill to be entitled an Act to amend the charter of the City of Athens, relating to public streets of said city, and for other purposes.
THURSDAY, JuLY 11, 1929.
203
The following bills, favorably reported, were read the second time:
By Mr. Myrick of the 1st-
Senate Bill No. 6. A bill to amend the Code of Georgia relative to the power of the Street Railway Companies to lease their property to corporations.
By Mr. Myrick of the 1st-
Senate Bill No. 7. A bill to authorize certain banks m this State to establish branch banks in the cities in which their principal office is located.
By Mr. Myrick of the 1st-
Senate Bill No. 12. A bill to amend the Code of Georgia with reference to suits against Insurance Companies.
By Mr. Zellars of the 30th-
Senate Bill No. 52. A bill to be entitled an Act concerning and aiding land titles, so as to prevent ripening of prescriptive title.
By Messrs. Smith of the 25th, Platt of the 7th and Ford of the lOth-
Senate Bill ~o. 56. A bill to amend the Workmen's Compensation Act, so as to provide for medical, surgical and hospital expenses in hernia cases.
By Mr. Terrell of the 36thSenate Bill No. 62. A bill to empower and direct the
jury to prescribe the punishment in misdemeanor cases, and for other purposes.
By Mr. Ford of the lOthSenate Bill No. 101. A bill to amend Workmen's Com-
204
JouRNAL OF THE SENATE,
pensation Act, so as to place the maximum compensation at eighceen dollars instead of fifteen dollars.
The following bills were read the third time and placed upon their passage:
By Mr. Vandiviere of the 39th-
Senate Bill No. 102. A bill to allow Cherokee County Board of Commissioners to lease certain lands to town of Canton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Vandiviere of the 39thSenate Bill No. 103. A bill to amend Act abolishing
office of County Treasurer of Cherokee County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Vandiviere of the 39th-
Senate Bill No. 104. A bill to abolish the office of Tax Receiver and Tax Collector of Cherokee County, and create in lieu thereof a 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 33, nays 0.
THURSDAY, JuLY 11, 1929.
205
The bill having received the requisite constitutional majority was passed.
By Mr. Vandiviere of the 39th-
Senate Bill No. 106. A bill to amend Act fixing the salary of County Commissioners of Cherokee County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 37, nays 0.
The bill having received the requisite constitutional majority was passed.
The following Senate resolution wa.; read the third time and placed upon its passage:
By Mr. Rawls of the 8th-
Senate Resolution No. 12. A Resolution authorizing and directing the State Librarian to furnish to the judge of the Albany Judicial Circuit certain missing volumes of the Georgia Supreme Court and Court of Appeals reports.
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 33, nays 0.
The resolution having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage.
By Mr. Redwine of the 26th-
Senate Bill No. 95. A bill to provide for the selection of the official organ in certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
206
JouRNAL OF THE SENATE,
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Myrick of the 1st-
Senate Bill No. 5. A bill to provide that in all actions against railroad companies proofs of injury shall be evidence of the want of reasonable skill on the part of the servants of the railroad companies.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Mr. Williams of the 16th called for the ayes and nays, and the call was sustained.
The roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham,T.C.
Kidd, W. J. King, E. R. Lane, W. T. Lankford., Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Mrnck, Shelby Nichols, A. J. Paulk, R. Peebles, Leon L.
Pickering, V. C. Platt, Wm. H. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R.
Whaley, w. v.
Williams, E. M. Williams, Felix C. Zellars, B. B.
Those voting m the negative were Messrs.:
Fletcher, J. M.
Harris, B. F.
Hyman, ;r; E.
On the passage of the bill the ayes were 41, nays 3.
THURSDAY, }ULY 11, 1929.
207
The bill having received the requisite constitutional majority was passed.
Mr. Myrick asked unanimous consent that the bill be immediately transmitted to the House, and the consent was gran ted.
The following bill proposing an amendment to the Constitution of the State of Georgia was read the second time and placed upon its passage:
By Mr. Hyman of the 20th-
Senate Bill ~o. 97.
A BILL.
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article seven (7), Section seven (7), paragraph (1), of the Constitution of Georgia, so as to authorize Washington County to make ternporary loans; to limit the aggregate amount of said loans outstanding at any one time; to provide that said loans must be paid off out of the taxes received by the county in the year in which said loans are made; 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 Article seven (7), Section seven (7), Paragraph one (1) of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new sub-paragraph in the following words, to-wit: "And except that Washington County may, in addition to the debts hereinbefore allowed, make temporary loans between March 1st and December 1st in each year, to be paid out of taxes received by the county in that year; said loans to be evidenced by promissory notes signed by the chairman and clerk of the board having charge of the levying of taxes in said county and previously authorized by resolution by a majority vote
208
JOURNAL OF THE SENATE,
at a regular monthly meeting of such board entered on the minutes. The aggregate amount of said loans outstanding at any one time not exceed thirty per cent. of the total gross income of the county from taxes and other sources in the preceding year, and no new loans shall be made in one year until all loans made in the previous year have been paid in full.
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall 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 newspapers in each congressional district in 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 (7), Section seven (7), Paragraph one (1) of the Constitution, authorizing Washington County to make temporary loans," 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 Washington County to make temporary loans," 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 results shall be .::onsolidated as now required by law in election 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 the Governor shall make a
proclamation therefor as provided by law.
THURSDAY, JuLY 11, 1929.
209
Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing an amendment to the Constitution of the State of Georgia, the roll call was ordered, and the vote was as follows:
Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham, T. C. Harris, B. F.
Hyman, J. E. Kidd, W. J. King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L.
Pickering, V. C. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render
Tyson, Wm. s.
Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
On the passage of the bill the ayes were 47, nays 0.
The bill having received the requisite two-thirds constitutional majority was passed.
The following House bills were read the first time and referred to committees, to-wit:
By Messrs. Alexander, Grayson and Mills of Chatham-
House Bill No. 14. A bill to authorize banks in certain cities to establish branch banks.
Referred to Committee on Banks and Banking.
By Messrs. Simmons and Griffin of DecaturHouse Bill No. 21. A bill to amend Act incorporating
210
JOURNAL OF THE SENATE,
Town of Attapulgus in Decatur County. Referred to Committee on Corporations.
By Mr. Dickey of Gordon-
House Bill No. 77. A bill to amend an Act creating the office of Commissioner of Roads and Revenues in and for the County of Gordon.
Referred to Committee on Counties and County Matters.
By Messrs. Gillen, Cooper and Nottingham of BibbHouse Bill No. 84. A bill to be entitled an Act to amend
the charter of City of Macon. Referred to Committee on Municipal Government.
By Miss Kempton and Mr. Still of FultonHouse Bill No. 101. A bill to amend an Act authorizing
certain counties to prescribe term and period of fiscal year.
Referred to Committee on Counties and County Matters.
By Fulton DelegationHouse Bill No. 141. A bill amending Act establishing
new Charter for City of Atlanta. Referred to Committee on Municipal Government.
By Mr. Felker of WaltonHouse Bill No. 168. A bill to create a Board of Com-missioners of Roads and Revenues for Walton County.
Referred to Committee onC~unties and County Matters.
By Messrs. Stanton and Beaton of WareHouse Bill No. 170. A bill to repeal Act providing new
THURSDAY, }ULY 11, 1929.
211
charter for the Town of Waresboro. Referred to Committee on Corporations.
By Messrs. Stanton and Beaton of Ware-
House Bill No. 171. A bill to amend an Act providing a new charter for the City of Waycross.
Referred to Committee on Corporations.
By Mr. Harris of CrispHouse Bill No. 192. A bill to amend an Act amending
the charter of the City of Cordele.
Referred to Committee on Municipal Government.
By Mr. Byars of SpaldingHouse Bill No. 211. A bill to amend an Act amending
the charter of the City of Griffin.
Referred to Committee on Municipal Government.
By Mr. Felker of Walton-
House Bill No. 227. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of vValton.
Referred to Committee on Counties and County Matters.
By Mr. Bentley of MurrayHouse Bill ).To. 228. A bill to repeal an Act creating a
Board of Commissioners of Murray County. Referred to Committee on Counties and County Matters.
By Mr. Bentley of MurrayHouse Bill No. 229. A bill creating the office of Com-
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JouRNAL oF THE SENATE,
mtsswner of Roads and Revenues for Murray County. Referred to Committee on Counties and County Matters.
By Messrs. Dubose and Wood of Clarke-
House Bill No. 231. A bill to amend an Act establishing a new charter for the City of Athens.
Referred to Committee on Municipal Government.
The following bill was taken up for consideration in accordance with an unanimous consent agreement on July 9th, 1929:
By Mr. Neill of the 24th-
Senate Bill No. 24. A bill to amend an Act entitled an Act to require all revenues of the State of Georgia, from whatever source derived and collected to be paid into the State Treasury.
Mr. Neill asked unanimous consent to extend the time of adjournment until the completion of the consideration of this bill, and also after receiving and considering in executive session a report from the Committee on Privileges and Elections, and the consent was granted.
The Committee on Appropriations of the Senate, which had the bill under consideration, moved to amend the bill, as follows:
By adding in Section 3 of Page 2 after the quotation of the language in Section 6, which is stricken by said bill, and by adding to said Section 6 after the word "Pensions", the following language, to-wit:
"Nor shall it be construed to affect the appropriation or allocation to the public schools of this State for an eq ualization school fund of the one-half cent per gallon of gasoline tax and one cent per gallon of kerosene oil tax, as
THURSDAY, JULY 11, 1929.
213
provided in Section 2 and 2 (a) of that certain Act of the General Assembly of Georgia, approved August 24, 1927, entitled an Act to provide for an occupational tax upon all distributors of motor fuels, etc."
The amendment was adopted.
The committee further moved to amend said bill by adding the above quoted language to the quotation of Section 6 of said original Act of August 18, 1927, to be inserted after the word "pensions", the above identical quoted language with reference to the allocation of said gas and kerosene taxes so that said Section 6 of said Act of August 18, 1927, as amended hereby sha11 read as follows:
"Section 6. Nothing in this Act shall be construed to affect the appropriation or allocation of the motor vehicle fees and licenses and pro rata of gasoline taxes to the State Highway Department; nor shall it be construed to affect the appropriation or allocation of the pro rata of gasoline taxes to the counties of this State; nor shall it be construed to affect the appropriation or allocation of the proceeds of the cigar and cigarette taxes to the payment of pensions; nor shall it be construed to affect the appropriation or allocation to the public schools of this State for an equalization school fund of the one half cent per gallon of gasoline tax and the one cent per gallon of kerosene oil tax, as provided in Section 2 and 2 (a) of that certain Act of the General Assembly of Georgia, approved August 24, 1927, entitled an Act to provide for an occupational tax upon all distributors of motor fuels, etc. None of the provisions of this Section shall be construed to exempt any of the funds, taxes, monies, fees, commissions, penal ties or other charges received, collected or paid into any of the agencies named in this Section from the requirement of Section 1 of this Act that they shall all be paid into the State Treasury."
The amendment was adopted.
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JouRNAL oF THE SENATE,
The committee further moved to amend the bill by adding in the Caption, just before the words "And for other purposes," the following "and by inserting in Section 6 of said Act a provision preserving the allocation of certain taxes to school equalization fund."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
At 11:10 Mr. Vandiviere of the 39th asked unanimous consent that the Senate go into executive session, and the consent was granted.
The executive session was dissolved at 12:28 P. M.
The following message was sent to His Excellency, the Governor:
The Senate has rejected the nomination of Mr. D. A. Finley as Commissioner on the State Board of Game and Fish, ayes 17, nays 30.
Mr. Fletcher of the 22nd asked unanimous consent that the following Senate bill be withdrawn from the consideration of the Senate:
By Mr. Fletcher of the 22nd-
Senate Bill No. 71. A bill creating a State Bureau of Criminal Identification and Investigation and providing for a Board of Managers, defining their duties, etc.
The consent was granted.
THURSDAY, JuLY 11, 1929.
215
Mr. Myrick moved that the Senate do now adjourn, and the motion prevailed.
Mr. Hyman of the 20th asked unanimous consent that he be granted leave of absence from the Senate on Friday and Saturday next, because of important business, and the consent was granted.
The President declared the Senate adjourned until tomorrow morning at ten o'clock.
0
216
JOURNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, JuLY 12, 1929.
The Senate met pursuant to adjournment at 10:00 A. M. this day and was called to order by the President.
Prayer was offered by Reverend J. P. Erwin, Pastor of
the Methodist Church of College Park.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Myrick asked unanimous consent that the Senate take a recess, subject to the call of the Chair, in &der to permit the President' and the Vice-Chairman of the Rules Committee to keep an official engagement, and the consent was granted.
The President called the Senate to order at 10:45 o'clock, A.M.
Mr. Myrick of the 1st asked unanimous consent that during the first part of the order of unanimous consents the following shall be observed as the order of business:
1. Introduction of New Matters.
2. Reports of Standing Committees.
3. Second reading of Bills favorably reported.
4. Third reading and passage of local uncontested bills.
5. Third reading and passage of general bills.
6. First reading of House bills.
FRIDAY, JuLY 12, 1929.
217
The consent was granted, and the same was established as the order of business of the day.
The following resolution was introduced, read the first time, and referred to the Committee:
By Mr. Neill of the 24th-
Senate Resolution No. 25. A resolution to amend the Constitution so as to change the time of meeting of the General Assembly.
Referred to Committee on Amendments to Constitution.
The following bills were introduced, read the first time and referred to the Committees:
By Mr. Brewer of the 46th-
Senate Bill No. 126. A bill to amend an Act creating Board of Commissioners of Roads and Revenues for Coffee County.
Referred to Committee on Counties and County Matters
By Mr. Lane of the 13th-
Senate Bill No. 127. A bill to amend Sections 5150 and 5151 of Civil Code of 1911 regulating bail in trover actions.
Referred to Committee on General Judiciary No. 1.
By Mr. Ford of the lOth-
Senate Bill No. 128. A bill to allow payment of refund under certain conditions of any tax now of force, or hereafter enacted on or in respect to distribution, sale, etc., of gasoline or other products of petroleum when such products are used in agriculture or industry.
Referred to Committee on Agriculture.
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JouRNAL oF THE SENATE,
By Mr. Lankford of the 15th-
Senate Bill No. 129. A bill to amend Motor Vehicle Law as to automobile tags.
Referred to Committee on Finance.
By Mr. Tyson of the 2nd-
Senate Bill No. 130. A bill to fix salaries of secretaries of supreme court and court of appeals.
Referred to Committee on General Agriculture No. 1.
By Mr. Tyson of the 2nd-
Senate Bill No. 131. A bill to amend the Constitution relative to pay of members of the General Assembly.
Referred to Committee on Amendments to Constitution.
By Mr. Tyson of the 2nd-
Senate Bill No. 132. A bill to propose to qualified voters an amendment relative to time of meeting of General Assembly of Georgia.
Referred to Committee on Amendments to Constitution.
By Messrs. Allen of the 41st and Barrett of the 32nd-
Senate Bill No. 133. A bill to authorize governing body of any municipality to adopt for use a voting machine for conduct of elections.
Referred to Committee on Privileges and Elections.
By Mr. Myrick of the 1st-
Senate Bill No. 134. A bill to amend the Motor Vehicle Law by providing for sheriffs of the State to issue automobile license tags.
Referred to Committee on Finance.
FRIDAY, JuLY 12, 1929.
219
By Mr. Myrick of the 1st-
Senate Bill No. 135. A bill to impose a tax upon transfer at death of real estate and personal property belonging to non-resident decedents.
Referred to Committee on General Judiciary No. 2.
By Mr. Myrick of the 1st-
Senate Bill No. 136. A bill to amend Code providing for sale and transfer of stock of any bank or other corpora tion standing in name of a person or ward deceased.
Referred to Committee on General Judiciary No. 2.
By Mr. Rawls of the 8thSenate Bill No. 137. A bill to regulate barber business Referred to Committee on Hygiene and Sanitation.
By Mr. Rawls of the 8th-
Senate Bill No. 138. A bill to provide for admissibility in evidence of any writing or record of any act, transaction, etc., provided it be shown that the same was made in regular course of business.
Referred to Committee on General Judiciary.
By Mr. Wright of the 42nd-
Senate Bill No. 139. A bill to prohibit county assessments for construction of State-Aid roads.
Referred to Committee on Highways.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
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JouRNAL oF THE SENATE,
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills and resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
By Mr. NeillSenate Bill No. 27.
By Mr. Allen of the 41stSenate Resolution No. 20 do pass as amended. Senate Bill No. 121. Senate Bill No. 98. Senate Bill No. 100. Senate Bill No. 108. Senate Bill No. 44. Senate Bill No. 94. Respectfully submitted, J. H. DoRsEY, Chairman.
Mr. W. T. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. Preside_nt:
Your Committee on Corporations has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 21. Respectfully submitted,
W. T. LANE, Chairman.
FRIDAY, JuLY 12, 1929.
221
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 77.
House Bill No. 101.
House Bill No. 228.
House Bill No. 229.
Respectfully submitted,
GooDE, Chairman.
Mr. Lawson of the 14th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill Nos. 110-111-114.
Respectfully submitted,
LAwsoN, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
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JouRNAL oF THE SENATE,
Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 141.
House Bill No. 84. Respectfully submitted.
DAns, Chairman.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
By Mr. Hightower of Upson-
House Bill No. 49 A bill to be entitled an Act to amend the Act changing terms of office of Commissioners of Roads and Revenues of Upson County, and for other purposes.
By Mr. Lewis of Hancock-
House Bill No. 78. A bill to be entitled an Act to provide for the compensation of Jury Commissioners and their clerks in certain counties, and for other purposes.
By Messrs. Thomson and Crowe of Worth-
House Bill No. 112. A bill to be entitled an Act to prOtect fur-hearing animals, and for other purposes.
By Messrs. Parker, Pilcher and Traylor of RichmondHouse Bill No.l93. A bill to be entitled an Act to amend
FRIDAY, JuLY 12, 1929.
223
an Act approved July 25, 1921, so as to provide for two twenty four hour shifts in the Fire Department of the City of Augusta, and for other purposes.
By Messrs. Traylor, Parker and Pilcher of Richmond-
House Bill No. 194. A bill to be entitled anAct to amend the Act establishing the charter for the City of Augusta, so as to extend the limits of said city, and for other purposes.
By Messrs. Traylor, Parker and Pilcher of Richmond-
House Bill No. 195. A bill to be entitled an Act to amend an Act creating a Board of Civil Service Commission for the City of Augusta, and for other purposes.
By Messrs. Parker, Pilcher and Traylor of Richmond.
House Bill No. 196. A bill to be entitled an Act to amend the charter of the First Presbyterian Church of Augusta, and for other purposes.
By Mr. Cromartie of Jeff Davis-
House Bill No. 207. A bill to be entitled an Act to amend the charter of the City of Hazlehurst, and for other purposes.
By Messrs. Brown and Powell of EmanuelHouse Bill No. 215. A hilt to be entitled an Act to
incorporate the Town of Oak Park, and for other purposes.
By Mr. Geer of MillerHouse Bill No. 233. A bill to be entitled an Act to amend
the Act creating a Board of Commissioners of Roads and Revenues for Miller County, so as to change the meeting days of said Board.
By Mr. Geer of Miller-
House Bill No. 234. A bill to be entitled an Act to amend
224
JOURNAL OF THE SENATE,
the Act creating a Board of Commissioners of Roads and Revenues for Miller County, so as to provide for the election of the county commissioners in each militia district, and for other purposes.
By Mr. Geer, of Miller-
House Bill No. 235. A bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for Miller County, so as to provide for the election of a Clerk for said Board, and for other purposes.
By Mr. Geer of Miller-
House Bill No. 240. A bill to be entitled an Act to amend the Acts incorporating the City of Colquitt, so as to reqmre that the city be fenced, and for other purposes.
By Mr. Geer of Miller-
House Bill No. 241. A bill to be entitled an Act to amend the Acts incorporating the City of Colquitt, so as to allow defendants in recorder's court to appeal to the council of said city, and for other purposes.
By Mr. Geer of Miller-
House Bill No. 242. A bill to be entitled an Act to amend the Acts incorporating the City of Colquitt, changing the method of election of theMarshall of said city, and. for other purposes.
By Mr. Geer of Miller-
House Bill No. 243. A bill to be entitled an Act to repeal the Act creating the Board of Commissioners of Roads and Revenues for Miller County, and for other purposes.
By Messrs. Still and Brown and Miss Kempton of Fulton-
House Bill No. 252. A bill to be entitled an Act to
FRIDAY, JuLY 12, 1929.
225
authorize .the Board of Commissioners of Roads and Revenues for certain counties to supplement funds of the County Board of Education from any funds in the Treasury of said counties derived from any source other than taxation, and for other purposes.
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 157. A bill to be entitled an Act to amend the charter of the Town of Ochlocknee, and for other purposes.
The following House bills were read the first time and referred to the Committees:
By Mr. Hightower of UpsonHouse Bill No. 49.
A bill to amend Act of August 6, 1920 changing terms of office in Upson County.
Referred to Committee on Counties and County Matters.
By Mr. Lewis of HancockHouse Bill No. 78. A bill to provide compensation for jury comm1sswners. Referred to Committee on General Judiciary No. 2.
By Mr. Thomason and Mr. Crowe of WorthHouse Bill No. 112. A bill to protect fur-bearing animals. Referred to Committee on Game and Fish.
By Mr. Mardre and Mr. Cochran of ThomasHouse Bill No. 157.
226
JouRNAL OF THE SENATE,
A bill to amend Act incorporating Town of Ochlocknee. Referred to Committee on Municipal Government.
By Messrs. Parker, Pilcher and Mr.Traylor of RichmondHouse Bill No. 193. A bill to amend Act improving condition of the Fire
Department at Augusta. Referred to Committee on Municipal Government.
By Messrs. Traylor, Parker and Pilcher of RichmondHouse Bill No. 194. A bill to amend the charter of the City of Augusta. Referred to Committee on Municipal Government.
By Messrs. Traylor, Parker and Pilcher of RichmondHouse Bill No. 195.
A bill to amend the charter of the City of Augusta. Referred to Committee on Municipal Government.
By Messrs. Parker, Pilcher and Traylor of RichmondHouse Bill No. 196.
A bill to amend the charter of the First Presbyterian Church at Augusta.
Referred to Committee on Municipal Government.
By Mr. Cromartie of Jeff DavisHouse Bill No. 207. A bill to amend the charter of the City of Hazlehurst. Referred to Committee on Corporations.
FRIDAY, JuLY 12, 1929.
227
By Messrs. Brown and Powell of EmanuelHouse Bill No. 215. A bill to amend the charter of the town of Oak Park. Referred to Committee on Corporations:
By Mr. Geer of MillerHouse Bill No. 233.
A bill to amend an Act creating Board of Commissioners in Miller County.
Referred to Committee on Counties and County Matters.
By Mr. Geer of Miller.House Bill No. 234. A bill to amend an Act creating Board of Commissioners
for Miller County.
Referred to Committee on Counties and County Matters.
By Mr. Geer of MillerHouse Bill No. 235. A bill to amend act creating the
Board of Commissioners for Miller County.
Referred to Committee on Counties and County Matters.
By Mr. Geer of MillerHouse Bill No. 240. A bill to amend Acts incorporating the City of Colquitt. Referred to Committee on Counties and County Matters.
By Mr. Geer of MillerHouse Bill No. 241.
228
JouRNAL OF THE SENATE,
A bill to amend an Act creating charter of the City of Colquitt.
Referred to Committee on Counties and County Matters.
By Mr. Geer of MillerHouse Bill No. 242. A bill to amend charter of the City of Colquitt. Referred to Committee on Counties and County Matters.
By Mr. Geer of MillerHouse Bill No. 243. A bill to repeal an Act amending law creating Board of
Commissioners for Miller County. Referred to Committee on Counties and County Matters.
By Miss Kempton and Messrs. Still and Brown of Fulton-
House Bill No. 252.
A bill to authorize Commissioners of counties of certain populations to supplement funds of the County Board of Education, etc.
Referred to Committee on Education.
The following resolution, favorably reported, was read the second time:
By Mr. Allen of the 41st-
Senate Resolution No. 20. A resolution to refund certain moneys to J. K. Bell in Fannin County.
The following Senate bills, favorably reported, were read the second time:
FRIDAY, JuLY 12, 1929.
229
By Mr. Tyson of the 2nd-
Senate Bill No. 21. A bill to authorize the City of Darien to close certain parts of streets.
By Messrs. Redwine, Fletcher and SmithSenate Bill No. 44. A bill to fix regular terms of the
Superior Courts of the Griffin Judicial Circuit.
By Mr. Pitner of the 50thSenate Bill No. 94. A bill to amend an Act creating
the City Court of Washington.
By Mr. Allen of the 41stSenate Bill No. 98. A bill to provide for the holdin :5
of three terms annually of the Fannin Superior Court.
By Messrs. Redwine of the 26th, and Mr. Bird of the 49thSenate Bill No. 100. A bill to define and prohibit bucket
shops.
By Mr. Williams of the 16th-
Senate Bill No. 108. A bill to amend an Act creating City Court of Dublin.
By Mr. Lawson of the 14th-
Senate Bill No. 110. A bill to provide for additional exemption from jury duty.
By Mr. Lawson of the 14th-
Senate Bill No. 111. A bill to further provide for the qualifications of judges and jurors in the trial of cases, and for other purposes.
230
JouRNAL OF THE SENATE,
By Mr. Lawson of the 14th-
Senate Bill No. 114. A bill to further regulate the granting of new trials.
By Mr. Williams of the 16th-
Senate Bill No. 121. A bill to amend an Act creating City Court of Swainsboro.
The following House bills, favorably reported, were read the second time.
By Mr. Dickey of Gordon-
House Bill No. 77. A bill to amend an Act creating office of Commissioners of Roads and Revenues in and for Gordon County.
By Bibb Delegation-
House Bill No. 84. A bill to amend the charter of the City of Macon.
By Miss Kempton and Mr. Still of Fulton-
House Bill No. 101. A bill to amend an Act authorizing certain counties to prescribe term add period of fiscal years.
By Fulton Delegation-
House Bill No. 141. A bill to amend the charter of the City of Atlanta, to authorize the sale of certain lands.
By Mr. Bentley of MurrayHouse Bill No. 228. A bill to repeal an Act creating
Board of Commissioners of Murray County.
By Mr. Bentley of MurrayHouse Bill No. 229. A bill to create the office of Com-
FRIDAY, JULY 12, 1929.
23f
missioner of Roads and Revenue for the County of Murray.
The following privileged resolution was read and adopted.
By Mr. Goode of the 31st-
Senate Resolution No. 26. A resolution empowering the President and Secretary of the Senate, together with a Justice of the Supreme Court, or other qualified official to be selected by the President, to administer the Senatorial oath to members prevented by illness from appearing at this session, the time and place for the same to be arranged by the President and Secretary of the Senate, and also providing for a committee from the membership of the Senate to be appointed by the President to accompany him as a mark of respect to such ill members.
The following bills, were read the third time and placed upon their passage:
By Mr. Neill of the 24th-
Senate Bill No. 27. A bill to provide for the abolition of Justice Courts within Muscogee County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 44, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Neill of the 24th-
Senate Bill No. 3. A bill to define and declare the amount of Highway mileage of this State.
Mr. Lankford of the 15th moved that further consideration of the bill be postponed until Wednesday, July 17th,
232
JOURNAL OF THE SENATE,
1929, immediately after the period of unanimous consents, and the motion prevailed.
The following bill was read the third time and placed upon its passage:
By Mr. Garrison of the 33rd-
Senate Bill No. 19. A bill to provide for the payment of the expenses of the judges of Superior Courts when on duty outside their counties.
Mr. Mathews asked unanimous consent that he be excused from voting on the bill, and the consent was granted.
Mr. Zellars of the 30th offered the following amendment, to-wit:
"Amend the bill by striking the word "county" where same appears and inserting in lieu thereof the word "circuit."
The amendment was adopted.
Mr. Rawls of the 8th moved that the Senate reconsider its action in adopting the amendment, and the motion was lost.
On agreeing to the report of the committee, which was favorable to the passage of the bill, as amended, the ayes were 11, the nays were 23.
The report of the committee was therefore disagreed to and the bill was lost.
Mr. Myrick of the first moved that when the Senate adjourn today it stand adjourned until Monday morning, July 15th, 1929, at 11:00 o'clock, and the motion prevailed.
The following bill was read the third time and placed upon its passage:
FRIDAY, JuLY 12, 1929.
233
By Mr. Myrick of the 1st-
Senate Bill No. 6. A bill to amend Section 2614 of the Code of Georgia, which relates to the power of Street Railway Companies to lease or sell their property to other corporations.
Mr. Myrick of the 1st, moved to amend the bill as follows, to-wit:
"By adding the word "sole" before the word "purpose" in the fifth line of Section 1 of said bill."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 28, nays 7.
The bill having received the requisite constitutional majority was passed, as amended.
The following bill was read the third time and placed upon its passage:
By Mr. Whaley of the 35th-
Senate Bill No. 38. A bill to require automobile dealers and sellers to file certain information with the Secretary of State.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage.
234
JouRNAL OF THE SENATE,
By Mr. King of the 11th-
Senate Bill No. 46. A bill to provide that women may be compelled to attend court when subpoenaed as witnesses.
Mr. Lankford moved that the bill be tabled.
On the motion to table, the ayes were 23, the nays were 11, and the motion prevailed.
The bill was therefore tabled.
Mr. Smith of the 25th moved that the Senate do now adjourn and the motion prevailed.
Under a motion previously adopted during the day, the President declared the Senate adjourned until Monday morning, July 15th, 1929, at 11:00 o'clo<.k.
MoNDAY, JuLY 15, 1929.
235
SENATE CHAMBER, ATLANTA, GA.,
. MoNDAY, JuLY 15, 1929.
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.
By unanimous consent the roll call was dispensed with.
Mr. Mathews of the 23rd, Chairman of the Committee on Journals, reported that the Journal of Friday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of Friday's proceedings was dispensed with.
Mr. Myrick of the 1st, asked unanimous consent that during the first part of the order of unanimous consents, the following shall be observed as the order of business each day, until otherwise ordered by the Senate, to-wit:
1. Introduction of New Matters. 2. Reports of Standing Committees. 3. Second reading of bills favorably reported. 4. Third reading and passage of local uncontested bills. 5. Third reading and passage of General Bills.
6. First reading of House Bills.
The consent was granted, and the same was established as the order of business, until otherwise ordered by the Senate.
Mr. Myrick of the 1st, arose to a point of personal privilege, and addressed the Senate as follows:
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JouRNAL oF THE SENATE,
Mr. President:
On last Friday there appeared in an early afternoon edition of an Atl'anta newspaper a letter written by Mr. A. W. McKeand, Secretary of the Atlanta Automobile
Association to Mr. J. E. Whitley, a contractor of LaGrange,
Georgia, in which my name and the names of Senator E. :M. Williams of this body and Representatives E. B. Dykes and Hamilton McWhorter of the House were mentioned. In the same issue of that newspaper there was an article commenting on the disclosures in this letter, and that article in my opinion carried veiled imputations and insinuations designed to reflect not only upon the motives but upon the character and integrity of the four named members of this General Assembly. Had the letter of Mr. McKeand not been officially read in the House of Representatives with comments thereon by a member of that body, we would have been disposed to have ignored not only the letter but any newspaper articles pertaining to it. But in as much as it was officially recorded in the House, we gentlemen deemed it proper to issue a joint statement which has been published by every daily paper in this State and with which I assume each member of this body is by this time familiar. I desire to supplement that statement however with a few remarks to this Senate.
I have no concern with the condemnation of Mr. Whitley who after contributing to this fund for six months suddenly betrayed a confidence, nor with the defense of l\1r. McKeand who has stated that the fund was being raised for publicity purposes. But I am concerned in what appears to be an effort to insinuate that in urging bond measures in the General Assembly for Highway purposes I and these other gentlemen were actuated by improper motives and that we were connected either directly or indirectly with some plan to use money in the General Assembly to aid in the passage of these measures.
At the outset I desire to denounce as false and cowardly
MoNDAY, juLY 15, 1929.
237
any insinuation or intimation that I had or have ever had any connection with any person or organization to use any money in any way or to do anything improper in anywise in connection with the effort to pass a bond measure for Highway Improvement in this Legislature.
I have never been selected by anybody at any time to
introduce any measure here on this important subject, and
never consulted with anybody on the subject. I have been
a free lance entirely having my own views and my own
ideas as to how this proposition should be presented to the
General Assembly. I have not the slightest interest, per-
sonal or political, in the outcome of any bond measure
in the Legislature. I am not a prospective candidate for
any office in this State and never expect to be again. I
do not represent now nor have 1 ever represented in any
capacity whatsoever any person, firm or corporation who
might be in the slightest interested in the passage of a
bond measure for highways in this State. My own County
of Chatham would not get a fcot of pavement within its
borders under any plan I have devised. In my public
utterances on the subject of bonds during the past two
years, I have repeatedly said that my county would be
perfectly willing to waive payment to it by the State or
the State Highway Board of any monies it may have here-
tofore spent on roads now in the State Highway System,
if by doing so it could aid in the passage of a State High-
way Bond Measure, and I again say this here and now.
You can cut out the S25,000,000.00 portion of the proposed
bond issue to repay counties, if you pleas'e, so far as Savan-
nah and Chatham Counties are concerned. We would
rather see the State with a splendid system of paved high-
ways, which would aid us materially and everybody else
at the same time, than to get back money we have spent
on our own roads.
'
I know that there are men in this Senate and in the House who differ with me on the advisability of a bond issue for highways. I am entirely tolerant of their views.
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JOURNAL OF THE SENATE,
I am not going to get mad with them because they differ with me on the subject and I don't expect to seek retaliation. At the same time I shall expect them to be entirely tolerant of my views because my views are born of conscientious motives just as I believe their views to be.
I deem it a great pity and a great misfortune that these important questions should get into politics and that the minds of the people and the minds of the men in the General Assembly should be sought to be inflamed one way or another. It impedes our progress here, it causes the formation of blocks in the Legislature who fight each other in retaliation.
I consider it most unfortunate that charges and counter charges, and improper insinuations and intimations, are brought forward whenever any great and important question of general interest to the people of Georgia is presented in this Legislature. We ought to be able to sit down cal)Jlly and dispassionately and hear and determine every measure of State wide importance that is presented to us, without anybody getting mad or excited, and without our minds being prejudiced or beclouded by a lot of side issues, by politics or by politic<~l rows or by sensational newspaper articles.
Asking your indulgence for this personal albsion, I desire to say that I have been in public life now for almost twenty-five years. I have seen almost six years service in the House of Representatives where I was twice chairman of the Committee on Constitutional Amendments. I was a member of the Senate preceding this one, where I was honored by the presiding officer of that body Honorable E. B. Dykes with the same important committee assignment that your distinguished President has conferred upon me. And during all that time no person has ever suggested or even intimated that my course of conduct here or elsewhere was in til.e slightest degree influenced by any improper motive. And nothing that any person or any news-
MoNDAY, JuLY 15, 1929.
239
paper may openly or in a veiled or insinuating way say against me is going to deter me in the slightest from advocating what I think is right or from denouncing or opposing what I think is wrong.
I shall never press my advocacy of any measure nor my opposition to any bill in this honorable body to the extent that it will either impede, interfere with or block our other business. I feel that I have a high duty here, particularly in the position I hold, to facilitate needed legislation, and to help every member not only of the Senate but of the House likewise to obtain a fair and impartial hearing in this Senate of the measure or measures he may advocate.
I am now done with the McKeand letter as well as with any political statements in any newspaper here or elsewhere about any Legislative fund to aid the Highway Bond Measures, or any dirty and contemptible insinuation that I or any of the other worthy gentlemen men.,. tioned are connected with it.
Mr. Williams of the 27th, arose on a question of personal privilege, and addressed the Senate as follows:
Mr. President and fellow Senators:
"For ten years I have served my constituents in the Georgia General Assembly and for twenty years I have been in public life but this is the first time any n.:!wspaper or anyone else has charged that I have been influenced by improper motives. I served on the Highway Committee that created the present Highway Board, and I have been interested in that department throughout my public career. I have tried to uphold the department and have urged a paved highway system for Georgia.
"I believe honestly and sincerely that the people of the State should be permitted to vote on whether or
240
JouRNAL OF THE SENATE,
not they want a bond issue for highways. Frankly, I do not believe that the people in my own county and district would vote for highway bonds at the present time unless they are given a better understanding of the conditions tinder which bond money would be spent. I am conscientiously in favor of the highway bonds as the best and quickest method of obtain- ing a paved highway system in Georgia and there is
not one iota of truth in any ins~nuation that l have
had anything to do with any sort of funds for bonds or anything else."
Mr. Neill of the 24th arose on a question of privilege of members of the Senate, and expressed his confidence in the integrity of Senator Myrick and Williams of the 27th and Representatives Dykes of Dooley and McWhorter of Oglethorpe.
The following resolution was read and unanimously adopted:
By Messrs. Smith, Vandiviere, Terrell and Zellars-
Senate Resolut:on No. 28. A resolution expressing the confidence of the Senate in Senators Myrick and Williams of the 27th.
The following bills were introduced, read the first time, and referred to the Committees:
By Mr. Myrick of the 1st-
Senate Bill No. 140. A bill to authorize owner of real estate to di~charge claims of liens and liens thereof by giving a good bond.
Referred to Committee on General Judiciary No. 2.
By Mr. Lankford of the 15thSenate Bill No. 141. A bill to amend Securities Commis-
MoNDAY, JuLY 15, 1929.
241
sion Act approved August 17, 1920, etc. Referred to Committee on Finance.
By Mr. Allen of the 41st (By Request)-
Senate Bill No. 142. A bill to amend the General Tax Act approved December 19th, 1923, to levy and collect taxes for support of State Government and Public institutions.
Referred to Committee on Finance.
By Mr. Neill of the 24th-
Senate Bill No. 143. A bill to more clearly specify the securities and property in which insurance companies organized and doing business under laws of Georgia may invest their funds.
Referred to Committee on Finance.
By Mr. Whaley of the 35th-
Senate Bill No. 144. A bill to give natural and artificial gas companies operating pipe lines the right of eminent domain.
Referred to Committee on Railroads.
By Mr. Lawson of the 14th-
Senate Bill No. 145. A bill to reorganize the administration of State in order to secure better .service through co-ordination and consolidation.
Referred to Committee on General Judiciary No. 2.
By Messrs. Williams of the 27th and Terrell of the 36th-
Senate Bill No. 146. A bill to amend an Act approved August 19th, 1922, known as the Georgia Workmen's
242
JOURNAL OF THE SENATE,
Compensaticn Act, relative to preventing industrial accidents.
Referred to Committee on Special Judiciary.
By Mr. Wright of the 42nd-
Senate Bill No. 147. A bill to amend an Act providing that county warrants legally issued and duly presented and not paid for want of funds shall bear interest at legal rate from date of entry, etc.
Referred to Committee on General Judiciary No. 1.
By Mr. Lankford of the 15th-
Senate Bill No. 148. A bill to amend Section 1249 Code of 1910, and all Acts amendatory thereto so as to add town of Ailey to list of State Depositories.
Referred to Committee on Banks and Banking.
By Mr. Williams of the 16th-
Senate Resolution. A resolution to add to the list of Committees of the Senate a Committee to be known as the "Committee on Motor Vehicle Transportation."
Referred to Committee on Rules.
Mr. Goode of the 31st District, Chairman of the Committef' on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
MoNDAY, JuLY 15, 1929.
243
House Bill No. 49. House Bills Nos. 233-234-235-240-241-242. House Bill No. 243 as amended. Senate Bill No. 126.
Respectfully submitted, GooDE, Chairman.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the following bills of the House of Representatives and has instru( ted me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bills Nos. 21-170-171-207 and 215.
Respectfully submitted,
LANE, Chairman.
By unanimous consent, the following bill was withdrawn from the Committee, read the second time and recommitted:
By Messrs. Alexander, Grayson and Mills of ChathamHome Bill Nq. 14. A bill to authorize banks in cer-
tain cities to establish branch banks.
The following bills, favorably reported, were read the second time:
By Mr. Brewer of the 46th-
Senate Bill No. 126. A bill to amend an Act creating Board of Commissioners of Roads and Revenues in Coffee County.
244
JouRNAL OF THE SENATE,
By Mr. Simmons and Mr. Griffin of DecaturHouse Bill No. 21. A bill to amend an Act mcorpo-
rating the Town of Attapulgus.
By Mr. Hightower of Upson-
House Bill No. 49. A bill to amend an Act changing terms of office of Commissioner~ of Roads and Revenues of Upson County.
By Messrs. Slaton and Beaton of ware-
House Bill No. 170. A bill to repeal an Act incorporating the Town of ware~boro.
By Messrs. Stanton and Beaton of Ware-
House Bill No. 171. A bill to amend an Act providing new charter for \Vaycross.
By Mr. Cromartie of Jeff Davis-
House Bill No. 207. A bill to amend charter of the City of Hazlehurst.
By Messrs. Brown and Powell of Emanuel-
House Bill No. 215. A bill to incorporate the Town of Oak Park.
By Mr. Geer of Miller-
House Bill No. 233. A bill to amend an Act creating Board of Commissioners of Roads and Revenues for Miller County.
By Mr. Geer of Miller-
House Bill No. 234. A bill to amend an Act creating Board of Commissioners of Roads and Revenues for Miller County.
MoNDAY, JuLY 15, 1929.
245
By Mr. Geer of Miller-
House Bill No. 235. A b11l to amend the Act creating Board of Commissioners of Roads and Revenues for Miller County.
By Mr. Geer of Miller-
House Bill No. 240. A bill to amend an Act in<.arporating the Town of Colquitt.
By Mr. Geer of Miller-
House Bill No. 241. A bill to amend the charter of the City of Colquitt.
By Mr. Geer of Miller-
House Bill No. 242. A bill to amend the charter of the City of Colquitt.
By Mr. Geer of Miller-
House Bill No. 243. A bill to repeal an Act amending the law creating the Board of Commissioners of Roads and Revenues in and for Miller County.
The following bills were read the third time and placed upon their passage:
By Mr. Tyson of the 2nd-
Senate Bill No. 21. A bill to authorize the City of Darien to close certain streets.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
246
JOURNAL OF THE SENATE,
By Messrs. Redwine of the 26th, Fletcher of the 22nd and Smith of the 25th-
Senate Bill No. 44. A bill to fix regular terms of the Superior Courts in Griffin Judicial Circuit.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Vaughn of the 34th-
Senate Bill No. 47. A bill to amend the Workmen's Compensation Act, to authorize the Insurance Commissioner to require detailed statements regarding payment of compensation, 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 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Allen of the 41st-
Senate Bill No. 98. A bill to provide for the holding of three terms annually of the Superior Court in Fannin County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitu tiona] majority was passed.
MoNDAY, JuLY 15, 1929.
247
By Mr. Williams of the 16th-
Senate Bill No. 108. A bill to amend an Act creatmg the City Court of Dublin, to define its power, 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, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Williams of the 16th-
Senate Bill No. 121. A bill to amend an Act creating City Court of Swainsboro.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
The following House bills were read the third time and placed upon their passage:
By Mr. Bentley of Murray-
House Bill No. 228. A bill to repeal an Act creating Board of Commissioners of Murray County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
248
JouRNAL OF THE SENATE,
By Mr. Bentley of Murray-
House Bill No. 229. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for the County of Murray.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Gillen, Cooper and Nottingham of Bibb-
House Bill No. 84. A bill to amend the charter of the City of Macon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requ1s1te constitutional majority the following bills of the House, to-wit:
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 39. A bill to be entitled an Act to amend the Act extending the term of office of Secretary of the Board of Education of Richmond County, and for other purposes.
MoNDAY, JuLY 15, 1929.
249
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 40. A bill to be entitled an Act to authorize the Board of Education of Richmond County to issue bonds, and for other purposes.
By Messrs. Parker, Pilcher and Traylor of RichmondHouse Bill No. 41. A bill to be entitled an Act to
amend an Act regulating public instruction in Richmond County, and for other purposes.
By Messrs. Awtrey and Pace of Cobb-
House Bill No. 76. A bill to be entitled an Act to authorize the City of Marietta to issue bonds for water works, and for other purposes.
By Messrs. Cooper, Gillen and Nottingham of Bibb-
House Bill No. 85. A bill to be entitled an Act to abolish Justice Courts in Bibb County, and for other purposes.
By Messrs. Cooper, Gillen and Nottingham of Bibb-
House Bill No. 86. A bill to be entitled an Act to amend the act creating the Municipal Court of the City of Macon, and for other purposes.
By Messrs. Parker, Pilcher and Traylor of RichmondHouse Bill No. 96. A bill to be entitled an Act to
amend an Act relative to the Board of Education of Richmond County, and for other purposes.
By Mr. Powell of Emanuel-
House Bill No. 104. A bill to be entitled an Act to regulate fishing in certain counties, and for other purposes.
By Mr. Powell of EmanuelHouse Bill No. 106. A bill to be entitled an Act to per-
250
JouRNAL oF THE SENATE,
mit employment of special officers to enforce game and fish laws, and for other purposes.
By Messrs. Hewell and Adams of Elbert-
House Bill No. 280. A bill to be entitled an Act to amend the Act providing a syst'em of Public Schools for the City of Elberton, and for other purposes.
By Messrs. Battle, Meredith and Roberts, of Muscogee-
House Bill No. 324. A bill to be entitled an Act to abolish the Board of Commons of the City of Columbus, and for other purposes.
By Messrs. Hewell and Adams of Elbert-
House Bill No. 281. A bill to amend an Act providing a charter for the City of Elberton.
The following resolution was read the third time and placed upon its passage:
By Mr. Allen of the 41st-
Senate Resolution No. 20. A resolution to refund
certain monies spent by J. K. Bell of the County of Fannin.
Mr. Allen of the 41st moved to amend the resolution as follows:
"Amend by adding another Section before the repealing clause, to read as follows, to-wit: "Be it further resolved that the amount of said reward as mentioned in said resolution be paid out of the contingent fund already appropriated and unexpended."
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the resolution, as amended, was agreed to.
MoNDAY, JuLY 15, 1929.
251
On the passage of the resolution the ayes were 33, the nays 0.
The resolution having received the requisite constitutional majority was passed as amended.
The following House bills were read the first time and referred to Committees:
By Richmond Delegation-
House Bill No. 39. A bill to amend an Art to extend the term of office of Secretary of the Board of Education of Richmond County.
Referred to Committee on Education.
By Richmond Delegation-
House Bill No. 40. A bill to authorize the BoarJ of Edu(.ation of Richmond County to issue bonds.
Referred to Committee on Education.
By Richmond Delegation-
House Bill No. 41. A bill to amend an Act to regulate public instruction in Ric-hmond County.
Referred to Committee on Education.
By Messrs. Awtrey and Pace of Cobb.-
House Bill No. 76. A bill to authorize the City of Marietta to hold an election for purpose of issuing bonds.
Referred to Committee on Privileges and Elections.
By Bibb Delegation-
House Bill No. 85. A bill to abolish the Justice Courts in Bibb County.
Referred to Committee on Special Judiciary.
252
JouRNAL OF THE SENATE,
By Bibb DelegationA bill to amend an Act creating the Municipal Court of
Macon.
Referred to Committee on Special Judiciary.
By Richmond Delegation-
House Biil No. 96. A bill to amend an Act relative to the Board of Education of Richmond County.
Referred to Committee on Education.
By Mr. Powell of Emanuel-
House Bill No. 104. A bill to regulate fishing in certain Counties in Georgia.
I
Referred to Committee on Game and Fish.
By Mr. Powell of Emanuel-
House Bill No. 106. A hili to permit commissioner of Emanuel to employ officers to enforce Game and Fish Laws.
Referred to Committee on Game and Fish.
By Messrs. Hewell and Adams of Elbert-
House Bill No. 280. A bill to amend an Act providing for a system of public schools for the City of Elberton.
Referred to Committee on Education.
By Messrs. Hewell and Adams of ElbertHouse Bill No. 281. A bill to amend an Act providing for
a charter for the City of Elberton.
Referred to Committee on Municipal Government.
MoNDAY, JuLY 15, 1929.
253
By Messrs. Battle, Meredith and Roberts of Muscogee-
House Bill No. 324. A bill to abolish the Board of Commons of the City of Columbus.
Referred to Committee on Municipal Government.
The following bill was read the third time and taken up for consideration:
By Mes3rs. Smith of the 25th, Platt of the 7th, and Ford of the lOth-
Senate Bill No. 56. A bill to amend the Workmen's Compensation Act so as to modify the definition of the word "Employee."
Mr. Smith of the 25th asked unanimous consent that further consideration of the bill be postponed until Wednesday, July 17th, 1929, immediately after the period of unanimous consents, and that three hundred copies of the measure be printed for the use of the Senate and House, and the consent was gran ted.
The following bill was read the third time and placed upon its passage:
By Mr. Lankford of the 15th-
Senate Bill No. 59. A bill proposing an amendment to the Constitution of the State of Georgia to authorize the various ::ounties of Georgia to employ Agricultural agents and county home economics workers.
Mr. Zellars calLed for the previous question and the call was sustained.
By unanimous consent, the President declared the Senate adjourned until tomorrow morning at 10:00 o'clock.
254
JOURNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
TuESDAY, JuLY 16, 1929.
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 the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The following bills were introduced, read the first time and referred to Committees:
By Mr. Smith of the 25th-
Senate Bill No. 149. A bill to amend the charter of town of Talbotton, relative to raising revenue for support and maintenance of same.
Referred to Committee on Municipal Government.
By Mr. Smith of the 25thSenate Bill No. 150. A Bill to regulate the statistics of
number of bales of cotton ginned in Georgia.
Referred to Com~ittee on Agriculture.
The following resolution was introduced, read the first time and referred to the Committee:
By Mr. Vaughn of the 34thSenate Resolution No. 29. A resolution nammg the
TuEsDAY, JuLY 16, 1929.
255
Brown Thrasher as the official Bird of the State of Georgia.
Referred to Committee on State of the Republic.
Mr. Smith of the 25th District, Chairman of the Committee on Penitentiary, submitted the following report:
Mr. President:
Your Committee on Penitentiary has had under consideration the following bills of the Senate, Nos. 105, 122, 123, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Respectfully submitted,
SMITH, Chairman.
Mr. Vaughn of the 34th District, Chairman of the Committee on Commerce and Labor, submitted the following report:
Mr. President:
Your Committee on Commerce and Labor has had under consideration the following Senate Bill No. 57 and has instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass as amended.
Respectfully submitted,
VAUGHN, Chairman.
Mr. Davis of the 21st, District Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President: Your Committee on Municipal Government, has had
256
JouRNAL OF THE SENATE,
under consideration the following bills of the House and has instructed me, as chairmanJ to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 195.
House Bill No. 157.
House Bill No. 193.
House Bill No. 231.
House Bill No. 192.
House Bill No. 211.
House Bill No. 196.
Respectfully submitted.,
DAVIS, Chairman.
Mr. Ham of the 6th District, Chairman of the Com mittee on Pensions, submitted the following report:
Mr. President:
Your Committee on Pensions has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 28.
Respectfully submitted,
HAM, Chairman.
Mr. Hyman of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President: Your Committee on General Judiciary No. 1 has had
TUESDAY, jULY 16, 1929.
257
under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 115.
Respectfully submitted.
HYMAN, Chairman.
The following bills, favorably reported, were read the second time:
By Mr. Smith of the 25th-
Senate Bill No. 28. A bill to a~end the Pension laws of the State.
By Messrs. Smith of the 25th, Platt of the 7th, and Ford of the lOth-
Senate Bill No. 57. A bill to amend the Workmen's Compensation .-\ct.
By Mr. Dorsey of the 48th-
Senate Bill No. 115. A bill to amend section of Code commonly called "Statute of Frauds."
By Mr. Smith of the 25th-
Senate Bill No. 122. A bill to fix the salaries of the Superintendent, et al at the State Farm.
Mr. Smith of the 25th and Mr. Myrick of the 1st-
Senate Bill No. 123. A bill to amend act providing for death by electrocution.
The following House Bills, favorably reported, were read the second time:
258
JouRNAL OF THE SENATE,
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 157. A bill to amend act incorporating town of Ochlocknee.
By Mr. Harris of Crisp-
House .Bill No. 192. A bill to amend the charter of city of Cordele.
By Richmond Delegation-
House Bill No. 193. A bill to amend Act improving the condition of the fire Department of Augusta.
By Richmond Delegation-
House Bill No. 195. A bill to amend Act creating board of Civil Service for City of Augusta.
By Richmond DelegationHouse Bill No. 196. A bill to amend the charter of the
First Presbyterian Church of Augusta.
By Mr. Byars of SpaldingHouse Bill No. 211. A bill to amend the charter of the
City of Griffin.
By Mr. DuBose and Wood of Clarke-
House Bill No. 231. A bill to amend an act establishing a new charter for the City of Athens.
The following bills were read the third time and placed upon their passage:
By Mr. Pitner t>f the 50thSenate Bill No. 94. A bill to amend an act creating
City Court of Washington.
TuEsDAY, JuLY 16, 1929.
259
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Brewer of the 46th-
Senate Bill No. 126. A bill to amend an Act creating a Board of Commissioners for Coffee County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, n~ys 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Simmons and Griffin of Decatur-
House Bill No. 21. A bill to amend an Act incorporating the town of Attapulgus.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of th~ bill the ayes were 43, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hightower of Upson-
House Bill No. 49. A bill to amend an Act changing terms of offices of Commissioners of Roads and Revenues of Upson County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
260
JouRNAL OF THE SENATE,
The bill having received the requisite constitutional majority was passed.
By Mr. Dickey of Gordon-
House Bill No. 77. A bill to amend an Act creating office of Commissioner of Roads and Revenus in Gordon County.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The hill having received the requisite constitutional majority was passed.
By Messrs. Brown and Powell of Emanuel-
House Bill No. 215. A hill to incorporate the town of Oak Park.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Geer of Miller-
House Bill No. 233. A hill to amend an Act creating Board of Commissioners of Roads and Revenues for the County of Miller.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the req J.isi te consti tu tional majority was passed.
Under the head of unfinished business, the following
TuEsDAY, JuLY 16, 1929.
261
bill was taken up for consideration: By Mr. Lankford of the 15th-
Senate Bill No. 59.
A BILL.
To be entitled an Act proposmg an amendment to the Constitution.
Section 1. The General Assembly of the State of Georgia proposes to the people of the State the following amendment to the Constitution ..of Georgia, to-wit:
That Paragraph 2, of Section 6, of Article 7, be amended by changing the period after the word "health" at the end of said section to a semi-colon, and by adding at the end of said paragraph the words, "to employ county agricultural and county home economics extension workers", so that said paragraph when amended shall read as follows:
"The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except for educational purposes, to build and repair the public buildings and bridges; to maintain and support prisoners; to pay jurors and coroners, and for litigation, quarantine, roads, and expenses of courts; to support paupers and pay debts heretofore existing; to pay the county police, and to provide for necessary sanitation., and for the collection and preservation of records of births, deaths, disease, and health; to employ county agricultural and county home economics extension workers."
This amendment being agreed to by two-thirds of the members elected to each of the two houses of the General Assembly shall be published as provided by law and shall be submitted to the people at the next general election for ratification. Persons favoring said amendment shall
262
JouRNAL oF THE SENATE,
have written or printed on their ballots the words, "For ratification of amendment to Article 7, Section 6, Paragraph 2, of the Constitution, providing for the employment of county agricultural and county home economics extension workers"; and persons opposing said amendment shall have written or printed on their ballots the words, "Against ratification of amendment to Article 7, Section 6, Paragraph 2, of the Constitution, providing for the employment of county agricultural and county home economics extension workers."
The previous question having been called on yesterday, the report of the Committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing an amendment to the Constitution of the State, the roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs:
Allen, Wade
Alston, G. o.
Atkinson, B. A. Bird, A. J. Brewer, J. 0. Cook, Jno. M. Dame, George M. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Goode, Geo. L. Ham,T.O. Hyman,J.E.
Kidd, W. J.
Lane, w. T.
Lankford, Geo. W. Lokey, 0. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L.
Mickle, o. M.
Myrick, Shelby Nichols, A. J. Paulk, R. Peebles, Leon L.
Pickering, v. o.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S.
Vaughn, o. R.
Whaley, W. V. Williams, E. M. Williams, Felix 0. Zellars, B. B.
Those voting in the negative were Messrs:
Garrison, J. M. King, E. R.
Redwine, Ohas. D. Wright, Seaborn
The ayes were 38, the nays 4.
The bill having received the requisite two-thirds constitutional majority was passed.
TuEsDAY, JuLY 16, 1929.
263
Mr. Terrell of the 36th, Chairman of the Committee on Highways, asked unanimous consent that three hundred copies of Senate Bill number 2, be printed for the use of the Committee, the Senate, and the House, and the consent was granted.
The bill was accordingly ordered printed.
Mr. Hyman of the 20th, Chairman of the Committee on General Judiciary No. 1, asked unanimous consent that three hundred copies of Senate Bill No. 66 be printed for the use of the Senate and House.
The consent was granted, and the bill was accordingly ordered printed.
The following bill was read the third time and placed upon its passage:
By Mr. Terrell of the 36th-
Senate Bill No. 62. A bill to allow juries to prescribe punishment in misdemeanor cases.
Mr. Mathews of the 23rd moved that the bill be tabled.
On the motion to table the ayes were 17, the nays were 6.
The motion to table prevailed.
The following message was received from His Excellency, the Governor, through Mr. J. B. wilson, the Secretary thereof:
Mr. President:
I am directed by His Excellency, Governor Hardman, to deliver to the Senate a sealed communication to which he respectfully directs the attention of the Senate in Executive Session.
At 11:15 upon motion of Senator Myrick the Senate
264
JouRNAL OF THE SENATE,
went into executive session.
The executive session was disolved at 11:43.
Mr. Tyson of the 2nd asked unanimous consent that Senate Bill No. 20, be withdrawn from the committee on Public Library, and recommitted to the Committee on Internal Improvements, and the consent was granted.
By unanimous consent the following bill was withdrawn from the Committee, read the second time and recommitted.
By Mr. Whaley of the 35th-
Senate Bill No. 40. A bill to authorize fraternal benefit societies to become incorporated in this State.
Th~ following bill was read the third time and placed upon Its passage:
By Mr. Myrick of the 1st-
Senate Bill N"o. 79. A bill to provide for the establishment and maintenance of public libraries, and for other purposes.
By unanimous consent the further consideration of the bill was postponed until Monday, July 22nd, 1929, immediately after the period of unanimous consenL.
The following bill was read the third time and placed upon its passage:
By Mr. Mathews of the 23rd-
Senate Bill No. 90. A bill to provide for payment of attorneys who are appointed to represent defendants.
The report of the Committee, which was favorable to the passage of the bill was disagreed to, and the bill was lost.
TuEsDAY, JuLY 16, 1929.
265
The following bill was read the third time and placed upon its passage:
By Mr. Redwine of the 26th, and Mr. Bird of the 49th-
Senate Bill No. 100. A bill to define and prohibit bucket shops.
Mr. vVright asked unanimous consent that further consideration of the bill be postponed until tomorrow mornmg immediately after the disposition of Senate Bill No.3.
Mr. King objected.
Mr. Smith of the 25th moved that the further consideration of the bill be postponed until tomorrow morning immediately after the disposition of Senate Bill No. 3, and the motion prevailed.
The. following bill was read the third time and placed upon 1ts passage:
By Mr. Ford of the lOth-
Senate Bill No. 101. A bill to amend the Workmen's Compensation Act by placing the maximum compensation at eighteen dollars instead of fifteen dollars.
Mr. Ford of the lOth offered the following amendment,
tO-Wit:
":\mend the bill by striking the word "work" in lines four and five of Section 1 of said bill, and inserting in lieu thereof the word "word".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bi 11 as amended, was agreed to.
266
JouRNAL OF THE SENATE,
On the passage of the bill the ayes were 30, nays 1.
The bill having received the requisite constitutional majority was passed.
Mr. Myrick of the 1st moved that the Senate do now adjourn, and the motion prevailed.
Mr. Tyson of the 2nd, asked unanimous consent for leave of absence for tomorrow, on account of important business, and the consent was gran ted.
The President declared the Senate adjourned until tomorrow morning at 10:00 o'clock, A. M.
WEDNESDAY, JuLY 17, 1929.
267
SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, JULY 17, 1929.
The Senate met pursuant to adjournment at 10:00 A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.
The following bills were introduced, read the first time, and referred to Committees:
By Mr. Lane of the 13th-
Senate Bill No. 151. A bill to provide for control, sale or free distribution of hog cholera virus, veterinary tuberculin, etc.
Referred to Committee on Agriculture.
By Mr. Pitner of the 50th-
Senate Bill No. 152. A bill to amend the Constitution providing a method of co-operation between educational systems of State.
Referred to Committee on Amendments to Constitution.
By Messrs. Lane of the 13th and Sibley of the 19th-
Senate Bill No. 153. A bill to authorize a person, groups of persons, or corporations to engage in the business of selling burial benefits.
Referred to Committee on Insurance.
268
JOURNAL OF THE SENATE,
By Mr. Ford of the lOth-
Senate Bill No. 154. A bill to amend an Act creating a State Board of Veterinary Examiners.
Referred to Committee on Agriculture.
By Messrs. King, Davis, Nichols, McElmurray, Lane and Ford-
Senate Bill No. 155. A bill to fix term of State Entomologist, and to provide for his election.
Referred to Committee on Agriculture.
By Mr. Zellars of the 30th-
Senate Bill No. 156. A bill to regulate use of text books within the public schools and high schools of Georgia.
Referred to Committee on Education.
By Mr. Smith of the 5th-
Senate Bill No. 157. A bill to provide a course of instructions in Public Schools of Georgia for encouragement and promotion of protection of birds, animals, etc.
Referred to Committee on Education.
By 1\ir. Terrell of the 36th-
Senate Bill No. 158. :\ bill to amend an :\ct approved August 21, 1917, fixing the salary of Direr::tor of Bureau of Markets.
Referred to Committee on Agriculture. The following resolution was introduced, read the first time and referred to the Committee:
By Mr. Myrick of the 1st-
Senate Resolution No. 30. A resolution creating Georgia
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269
Pulaski Sesqui-Centennial Commission.
Referred to Committee on State of the Republic.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 194.
Respectfully submitted,
DAVIS, Chairman.
Mr. J. H. Dorsey of the 48th District, Chairman of the
Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bills Nos. 85 and 86.
Respectfully submitted,
J. H. DoRsEY, Chairman.
Mr. Allen of the 41st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. President:
Your Committee on Insurance has had under consideration the following Senate Bill No. 37, and has instructed
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me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass.
Respectfully submitted, WADE ALLEN, Chairman.
Mr. Bird of the 49th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President:
Your Committee on Banks and Banking has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 14.
Respectfully submitted,
BIRD, Chairman.
Mr. Pickering of the 43rd District, Chairman of the Committee on Internal Improvements, submitted the following report:
Mr. President:
Your Committee on Internal Improvements has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 20.
Respectfully submitted,
PICKERING, Chairman.
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271'
Mr. Ford of the lOth District, Vice-Chairman of the Committee on- General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 78 do pass.
Senate Bill No. 109 do not pass.
Senate Bill No. 40 do pass.
Respectfully submitted,
P. B. FoRD, Vice-Chairman.
Mr. Tyson of the 2nd District, Chairman of the Committee on Railroads, submitted the following report:
Mr. President:
Your Committee on Railroads has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass as follows:
Senate Bill No. 8 do pass by substitute. Senate Bill No. 112 do pass as amended. Senate Bill No. 144 do pass.
Respectfully submitted,
TYSON, Chairman.
The following bills of the Senate, favorably reported, were read the second time:
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By Mr. Myrick of the 1st-
Senate Bill No. 8. A bill to provide for the appointment of speci~l officers and policemen at the request of railroad compames.
By Mr. Tyson of the 2nd-
Senate Bill No. 20. A bill to amend an Act msunng protection of State Records by establishing the Department of Archives and History.
By Mr. Zellars of the 30th-
Senate Bill No. 112. A bill to regulate manner in which motor vehicles transporting passengers over the Public Highways in Georgia may be operated.
By Mr. Whaley of the 35th-
Senate Bill No. 144. A bill to give natural and artificial gas companies the right of eminent domain.
The following House bills, favorably reported were read the second time.
By Mr. Lewis of Hancock-
Ho.use Bill No. 78. A bill to provide for the compensation of jury commissioners and their clerks in certain counties.
By Messrs. Cooper, Gillen and Nottingham of Bibb-
Ho!.lse Bill No. 85. A bill to abolish the Justice Courts in Bibb County.
By Messrs. Cooper, Gillen and Nottingham of Bibb-
House Bill No. 86. A bill to amend the Act creating Mwicipal Court of Macon.
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273
By Messrs. Traylor, Parker and Pilcher of Richmond-
House Bill No. 194. A bill to amend an Act establishing a charter for City of Augusta.
The following bills of the House were read the third time and placed upon their passage:
By Messrs. Alexander, Grayson and Mills of Chatham.-
House Bill No. 14. A bill to authorize banks in certain cities to establish branch banks. -
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Mardre and Cochran of Thomas-
House Bill No. 157. A bill to amend an Act incorporating the Town of Ochlocknee.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Stanton and Beaton of WareHouse Bill No. 170. A bill to repeal an Act providing
for a new charter for the Town of Waresboro.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
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JOURNAL OF THE SENATE,
The bill having received the requisite constitutional majority was passed.
By Messrs. Stanton and Beaton of Ware-
House Bill No. 171. A bill to amend an Act providing a new charter for the City of Waycross.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Harris of Crisp-
House Bill No. 192. A bill to amend the charter of the City of Cordele.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 193. A bill to amend an Act improving the condition of the Fire Department of Augusta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0. The bill having received the requisite constitutional majority was passed.
WEDNESDAY, JuLY 17, 1929.
275
By Messrs. Traylor, Parker and Pilcher of Richmond-
House Bill No. 195. A bill to amend an Act creating Board of Civil Service for Augusta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 196. A bill to amend the charter of the First Presbyterian Church of Augusta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Cromartie of Jeff Davis-
House Bill No. 207. A bill to amend the charter of Hazlehurst.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Byars of Spalding-
House Bill No. 211. A bill to amend the charter of the City of Griffin.
The report of the committee, which was favorable to
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the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. DuBose and Wood of Clarke-
House Bill No. 231. A biH to amend an Act establishing new charter for the City of Athens.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Geer of Miller-
House Bill No. 234. A bill to amend an Act creating Board of Commissioners of Roads and Revenues in and for Miller County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Geer of Miller-
House Bill No. 240. A bill to amend the Acts incorporating the City of Colquitt.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
WEDNESDAY, JuLY 17, 1929.
277
The bill having received the requisite constitutional majority was passed:
By Mr. Geer of Miller-
House Bill No. 241. A bill to amend an Act creating charter for the City of Colquitt.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from His Excellency, the Governor, through Mr. \Vilson, the Secretary thereof:
Mr. President:
I am directed by His Excelency, the Governor, to deliver to the Senate a sealed communication, to which he respectfully directs its attention in executive session.
Upon motion of Senator Myrick the Senate went into executive session at 10:20 A. M.
The executive session was dissolved at 10:25 o'clock.
Under an unanimous consent agreement of Friday, July 12th, 1929, the following bill was again taken up for consideration.
By Mr. Neill of the 24th-
Senate Bill No.3. A bill to define and declare the amount of highway mileage of this State.
Mr. Neill asked unanimous consent that the further consideration of the bill be postponed until tomorrow morning, immediately after the period of unanimous consents, and the consent was granted.
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JouRNAL OF THE SENATE,
The following bill was read the third time and placed upon its passage:
By Mr. Whaley of the 35th-
Senate Bill No. 40. A bill to authorize fraternal benefit societies incorporated under the laws of another State to become incorporated in Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills and resolutions of the House, to-wit:
By Messrs. Grayson, Mills and Alexander of Chatham-
House Bill No. 15. A bill to be entitled an Act to declare Armistice Day, November 11th, a legal holiday in Georgia, and for other purposes.
By Mr. Hightower of Upson-
House Bill No. 45. A bill to be enti tied an Act to amend the charter of the City of Thomaston, and for other purposes.
By Mr. Hightower of Upson-
House Bill No. 46. A bill to be entitled an Act to ~mend the charter of the town of East Thomaston, and for other purposes.
WEDNESDAY, JULY 17, 1929.
279
By Mr. Hightower of Upson-
House Bill No. 48. A bill to be entitled an Act to amend the charter of the City of Thomaston, and for other purposes.
By Mr. Pace of Cobb-
House Bill No. 139. A bill to be entitled an Act to amend the Act fixing the salary of Treasurer of Cobb County, and for other purposes.
By Mr. Chalker of Pulaski-
House Bill No. 151. A bill to be entitled an Act to repeal the Act amending the charter of the City of Hawkinsville, and for other purposes.
By Mr. Dickey of Gordon-
House Bill No. 163. A bill to be entitled an Act to amend the charter of the City of Calhoun, and for other purposes.
By Mr. Chalker of Pulaski-
House Bill No. 177. A bill to be entitled an Act to provide a new form of government for the City of Hawkinsville, and for other purposes.
By Mr. Chalker of Pulaski-
House Bill No. 178. A bill to be entitled an Act to amend the charter of the City of Hawkinsville, and for other purposes.
By Mr. Hubbard of Wilkinson-
House Bill No. 181. A bill to be entitled an Act to amend the Act incorporating the Town of Toomsboro, and for other purposes.
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JOURNAL OF THE SENATE,
By Mr. Beasley of Tatnall.-
House Bill No. 189. A bill to be entitled an Act to amend the charter of the City of Manassas, and for other purposes.
By Mr. Nelson of Macon-
House Bill No. 202. A bill to be entitled an Act to amend the charter of the City of Montezuma, and for other purposes.
By Mr. Dickey of GordonHouse Bill No. 345. A bill to be entitled an Act to
amend the charter of the City of Calhoun, and for other purposes.
By Miss Kempton and Messrs. Brown and Still of FultonHouse Bill No. 386. A bill to be entitled an Act to
amend the charter of the City of Atlanta, and for other purposes.
By Mr. Colson of GlynnHouse Resolution No. 31. A resolution to correct the
spelling of Jekyll Island.
By Messrs. Boykin and Henderson of CarrollHouse Resolution No. 39. A resolution to permit the
State Librarian to furnish Carroll County with a complete set of the reports of the Supreme Court, etc.
By Mr. Stone of UnionHouse Resolution No. 40. A resolution to change the
name of Grassy Knob Mountain to Mount Oglethorpe.
By Messrs. New and Coleman of LaurensHouse Resolution No. 60. A resolution to commend
WEDNESDAY, JuLY 17, 1929.
281
William W. Brewton for his biography of the late Thomas E. Watson.
By Mr. Hightower of Upson-
House Bill No. 47. A bill to be entitled an Act to incorporate the City of Silvertown, and for other purposes.
Mr. Terrell of the 36th asked unanimous consent that the following bill, unfavorably reported, be recommitted to the Committee on Insurance:
By Messrs. Lane of the 13th, Tyson of the 2nd, and others-
Senate Bill No. 37. A bill to provide for licensing of Insurance Companies chartered in the State of Georgia.
The consent was granted.
The following message was received from His Excellency, the Governor, through Mr. Wilson, the Secretary thereof:
Mr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a written communication addressed to the General Assembly of Georgia.
Mr. Adams of the 28th arose to object the unanimous consent request of Senator Terrell of the 36th-
The President ruled that the unanimous consent request of Senator Terrell of the 36th having already been granted, the objection thereto was made too late, and was therefore not in order.
The communication received from His Excellency, the Governor, was as follows:
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JouRNAL oF THE SENATE,
SECOND MESSAGE
TO
THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. July 17, 1929.
MR. PRESIDENT, MR. SPEAKER, MEMBERS OF THE GENERAL ASSEMBLY:
First: I desire to call your attention to the plans of simplification and coordination of the departments, boards, commissions, and institutions of the State Government of Georgia, as presented by the Governor's Commission, created for the study of the simplification and coordination of the operations of governmental departments.
You will notice that our present operations of State Government are presented in a chart furnished by your Commission and gotten out by the State Auditor.
You will also notice a chart in the first of this report, as recommended by the Commission. This Commission has done a great deal of work and investigation to bring to you an intelligent report concerning the operation and coordination of State Government, Boards, and Institutions, as provided by other states and now in operation, which has been very effective.
I call especial attention to the fact that with the plan now presented by your Commission, that $800,000.00, or possibly $1,000,000.00 can be saved annually in the operation of governmental state boards and institutions, as recommended by your Commission.
This plan provides for the interest and simplification of all the departments, boards and institutions, also efficiency and economy; and I recommend that the presentation, as provided by this Commission, have your very best consideration and, if possible, that you enact into law, or pass the Bill presented to you by this Commission.
WEDNESDAY, }ULY 17, 1929.
283
Some of the very best lawyers have gone over this matter and have presented it to you in a legal form, which provides for the amendment of the laws now in operation, but which will not require any Constitutional Amendment.
STATE CAPITOL
Your Capitol has been occupied for forty years on the 15th of June past, and the deterioration is plain to be seen by everyone who will inspect it; and very little attention, comparatively speaking, has been given to the upkeep of the building.
The Governor has secured two expert architects to inspect and provide plans and statements for your information, which has cost the State nothing; and they state that the present Capitol building, if constructed new today, would cost from $2,500,000.00 to $2,650,000.00 and with the deterioration going on, it would be of little value in ten years more.
Today they estimate that this building, completing the first story and putting it into first-class condition, would cost from $200,000.00 to $250,000.00, which would then give to the State a building that would easily be worth Two and One-half Million Dollars, and would also provide for the necessary departments under the new plan of coordination, as recommended by the Governor's Commission on State Government.
It must be apparent to you that we are paying the interest of $200,000.00 a year in rents for the departments outside of the Capitol. With the saving in the new plan of cooperation, onefourth of which would give sufficient funds to properly improve and equip the present Capitol, there would be left at least a Half Million Dollars to go to other uses of our departmentsto education, buildings, or other purposes; and I recommend that you provide revenue and secure such legislation as will put our Capitol in good condition.
GIFT OF THE RHODES PROPERTY
The heirs of the A. G. Rhodes estate, Mr. Joseph D. Rhodes and Mrs. Louana Rhodes Bricker, have made a wonderful gift
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JouRNAL or THE SENATE,
to the State of Georgia, in what is known as the Rhodes residence, at Peachtree and 17th Streets, through the State Historical Commission, and has been accepted subject to your approval. This building, which has been named the Rhodes Memorial Hall, has already beautiful memorial windows portraying the history of the War Between the States; and it is donated for the purpose of the keeping of records of Archives and History of this State, which will relieve some of the congested space in the Capitol at present.
With the use of this building and the improvements suggested to be made on the Capitol, we would have sufficient room, under the new plan of coordination, to take care of our needs for several years.
After the investigation of the building, and the titles to the property, if the same is satisfactory, I recommend the acceptance of this building for the uses as above named.
THE OPPORTUNE TIME
It appeals to the Chief Executive of this State that it is especially fitting at this time that you enact into law a bill, or such modification, as you find wise, that is presented to you by the Governor's Commission on State Government; and at the same time complete and improve the Capitol, that it will be suitable for the departments suggested to you by this Commission.
It seems also that the magnificent gift that has come to the State from the Rhodes heirs would also give us space that could properly be used for the State Library; that the library and the Department of Archives and History could be removed to the Rhodes building during the improvements at the Capitol.
What a contribution it would be for Georgia to provide the new organization-to complete and renovate our Capitol, and to come into possession of this Magnificent stone Rhodes building for our Department of Archives and History.
HIGHWAY DEPARTMENT
Second: It is necessary and very important in order that
WEDNESDAY, JuLY 17, 1929.
285
the Highway Department may function, and pay for the contracts already let, that you provide revenue that will be immediately available.
It is also necessary that you provide revenue immediately available for the paying of the deficit of the Highway Department of $1,730,000.00
It is further necessary that revenue be provided that we may secure from the Federal Government the Two Million Dollars that will be available when the necessary funds from the State are provided.
In view of the needs above mentioned I recommend that you create a tax on gasoline of Six Cents per gallon for the remainder of 1929, to become effective at once; and all above the amount on gasoline for the year 1929 that has not already been provided for, go to the highways, which will give an increase of Two Cents for immediate use on highways.
I recommend further that in 1930 and 1931 the gasoline tax be made Five Cents, and that one-cent go to the Counties, as heretofore provided; also that as soon as you make provision for the revenue, that all of the remainder of the gasoline tax, the motor vehicle tag tax, the bus tax and truck tax, a.s may be provided by you, shall all go to the building and maintaining of the highways of the State of Georgia.
I suggest further that it would not be wise to have a retroactive law which would provide for a change in the distribution of the revenue from gasoline, from which one-half cent goes to the Common Schools, and one cent on kerosene, which has already been allocated for the year 1929.
BUS AND TRUCK TRANSPORTATION
The Chief Executive of the State recommends that such legislation. be enacted as will provide for the necessary protection of human life in handling of transportation of busses and trucks; and that same be handled by the Public Service Commission in a way that you may deem wise and safe.
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JOURNAL OF THE SENATE,
COMMON SCHOOLS
Third: I recommend to you that all of the monies, from whatsoever source, shall be placed in the State Treasury.
I recommend that you provide revenue and appropriate Five Million Dollars for the Common Schools, Two Million Dollars for the Equalization Fund, and Four Hundred Thousand Dollars for the Barrett-Rogers Fund; and that you provide sufficient revenue to take care of these appropriations which shall be made, to be paid at a definite time. (See Acts 1927, page 157 .)
I call your attention to the fact that the present sources of revenue which are provided by law, which go to the Common Schools, are complicated and unsatisfactory.
Your law provides that one-half of all the revenue from all sources of income, or taxation, shall be used for the maintenance of the Common Schools of Georgia.
Your law also provides for direct appropriation of One Million Dollars for the Equalization Fund, to be paid out of the one-cent on kerosene and one-half cent on gasoline (See Acts 1927, page 106), and all over and above One Million Dollars from this source shall also go to the Common Schools. (Appro. Bill 1927, page 17.) This constitutes a part of the Common School Fund.
Your law also provides under Acts of 1925, page 307, that after paying all expenses of the Game and Fish Board, salaries of Commissioner, wardens and deputies and propagation of Game and Fish, "all such monies not used for this purpose shall be paid over to the State Treasurer for the benefit of the Common Schools of Georgia as now provided by law."
Your Constitutional Amendment of 1926 authorized the Governor to borrow $3,500,000.00 for the purpose of paying school teachers only. The enabling act of 1927 provides as follows: "And the principal amount so borrowed shall be repaid each year out of the common school appropriation of that year; and the amount appropriated for paying interest is to be paid from the General Treasury, which is appropriated for each year."
WEDNESDAY, JuLY 17, 1929.
287
You provided for $100,000.00 for 1928 and $100,000.00 for 1929 to pay the interest on the borrowed money.
There is no relief to the taxpayer to have to pay borrowed money, and interest. It is far better business to provide revenue to pay appropriations for the educational interests, than it is to provide for the Governor to borrow money which the State must pay back with interest.
May I call your attention to the fact that almost one-third of our session is passed, and the responsibility of taking care of deficits and providing revenue for the next two years has not been provided. However, the Governor of this State confidently believes that this splendid body of legislators is equal to the task.
Respectfully submitted,
L. G. HARDMAN, GovERNOR.
The following privileged resolution was read and adopted:
By Mr. Fletcher of the 22nd-
A resolution extending the privileges of the floor to Mr. Mark Etheridge of the County of Bibb during his stay in the City.
Under a motion of the Senate adopted on yesterday, the following bill was taken up for consideration:
By Messrs. Redwine of the 26th, and Bird of the 49th-
Senate Bill No. 100. A bill to define and prohibit bucket shops, and for other purposes.
Mr. Wright of the 42nd asked unanimous consent that he be allowed to record his vote at this time, and the consent was granted.
Mr. Lawson of the 14th moved to amend the bill as follows:
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JOURNAL OF THE SENATE,
"Amend by striking Section 8 in its entirety, and substituting in lieu thereof the following:"
"Section 8. That the following sections of the Civil Code of Georgia, to-wit: Section 4257, prohibiting dealing in cotton futures; Section 4258, providing what contracts are illegal; Section 4259, providing a penalty; Section 4260, relating to discovery by witnesses and excusing witnesses from testifying; Section 4261, providing what facts shall constitute guilt; Section 4262, relating to margins, when proof of guilt; Section 4263, relating to establishment of an office when proof of guilt; and Section 4264, providing that bona fide trade is not prohibited and Section 403 of the Penal Code relating to dealing in futures, and all are hereby repealed."
The amendment was adopted. Mr. Lawson further moved to amend as follows:
"Amend the caption of the bill by adding thereto at the end thereof "and for other purposes."
The amendment was adopted.
Mr. Rawls of the 8th called for the prevtous questton, and the call was sustained.
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 35, nays 3.
The bill having received the requisite constitutional majority was passed.
The following resolution was read and adopted.
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289
By Mr. Terrell of the 36th, and others-
Senate Resolution No. 31. A resolution extending thanks to William W. Brewton for his biography of th~
life of the late Honorable Thomas E. Watson.
Mr. Rawls moved that the Senate do now adjourn and the motion was lost.
Mr. Myrick moved that the Senate do now adjourn until tomorrow morning at 11:00 o'clock, and the motion prevailed.
The President declared the Senate adjourned until tomorrow morning at 11:00 o'clock A. M.
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JouRNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA., THuRsDAY, JuLY 18, 1929.
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.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The following bills were introduced, read the first time, and referred to the Committees:
By Mr. Zellars of the 30th-
Senate Bill No. 159. A bill to authorize and empower municipalities to assess and collect business license or occupation taxes from persons, firms, etc.
Referred to Committee on Finance.
By Mr. Rawls of the 8thSenate Bill No. 160. A bill to establish Board of
Pharmacy.
Referred to Committee on Hygiene and Sanitation.
By Mr. Ford of the lOthSenate Bill No. 161. A bill to amend the Co-operative
Marketing Act.
Referred to Committee on Agriculture.
THURSDAY, JuLY 18, 1929.
291
By Mr. Dame of the 5th-
Senate Bill No. 162. A bill to repeal Act creating a Board of Commissioners for Clinch County.
Referred to Committee on Counties and County Matters.
By Mr. Dame of the 5th-
Senate Bill No. 163. A bill to create a Board of Commissioners of Roads and Revenues for Clinc.h County.
Referred to Committee on Counties and County Matters.
By Messrs. Myrick of the 1st, Terrell of the 36th, Goode of the 31st, Garrison of the 33rd and Smith of the 25th-
Senate Bill No. 164. A bill to amend Constitution relating to passage of local or special bills.
Referred to Committee on Amendments to Constitution.
By Mr. Dame of the 5th-
Senate Bill No. 165. A bill to require all political parties in Clinch County to nominate their candidate for County Officers by primary elections.
Referred to Committee on Counties and County Matters.
By Mr. Terrell of the 36th et at-
Senate Bill No. 166. A bill to amend an Act known as Factory Inspector Law.
Referred to Committee on Commerce and Labor.
By Mr. Terrell of the 36th-
Senate Bill No. 167. A bill to amend Code entitled "'Two Judges Must Concur."
Referred to Committee on General Judiciary No. 1.
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JouRNAL oF THE SENATE,
By Mr. Terrell of the 36th-
Senate Bill No. 168. A bill to provide that in criminal cases where the justices of the Supreme Court are divided case shall be reversed.
Referred to Committee on General Judiciary No. 1.
By Mr. Goode of the 31st-
Senate Bill No. 169. A bill to further regulate sale, inspection and distribution of commercial fertilizer and fertilizer materials.
Referred to Committee on Agriculture.
By Mr. Whaley of the 35th-
Senate Bill No. 170. A bill to propose a Constitutional Amendment as to selection of judges in Georgia.
Referred to Committee on Amendments to Constitution.
By Messrs. Neill, Fletcher and WhaleySenate Bill No. 171. A bill relating to regulating and
licensing real estate brokers.
Referred to Committee on Special Judiciary.
Mr. Ford of the lOth District, Vice-Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following Senate Bill No. 93, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do
THURSDAY, JuLY 18, 1929.
293
pass by substitute attached hereto: July 16, 1929. Respectfully submitted, FoRD, Vice-Chairman.
Mr. McElmurray of the 17th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your Committee on Agriculture, has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
Senate Bill No. 128. Respectfully submitted, McELMURRAY, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Pref'ident:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bills Nos. 4-51. Senate Bill No. 149 by substitute. House Bills Nos. 281-324. Senate Bill No. 81.
Respectfully submitted, DAVIs, Chairman.
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JOURNAL OF THE SENATE,
Mr. Vandiviere of the 39th District, Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President:
Your Committee on Privileges and Elections, has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that
Senate Bill No. 36 do pass.
Senate Bill No. 133 do pass.
House Bill No. 76 do pass.
Respectfully submitted,
VANDIVJERE, Chairman.
Mr. Lawson of the 14th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 96 do pass as amended.
Respectfully submitted,
LAwsoN, Chairman.
Mr. Zellars of the 30th District, Chairman of the Committee on Education and Public Schools, submitted the following report:
THURSDAY, }ULY 18, 1929.
295
Mr. President:
Your Committee on Education and Public Schools has had under consideration the following House bills and Resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bills Nos. 39-40-41-96-252 and 280.
Senate Resolution No. 24.
Respectfully submitted,
ZELLARS, Chairman.
Mr. Brewer of the 46th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President:
Your Committee on State of the Republic has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 30.
Respectfully submitted,
BREWER, Chairman.
The following bills of the Senate, favorably reported, were read the second time:
By Mr. Myrick of the 1st-
Senate Bill No. 4. A bill to alter, revise etc., the Acts incorporating the mayor and councilmen of the town of Tybee.
296
JouRNAL OF THE SENATE,
By Mr. Williams of the 27th-
Senate Bill No. 36. A bill to provide for the nomination in primaries of the members of the General Assembly in certain counties.
By Mr. Tyson of the 2nd (By request)-
Senate Bill No. 51. A bill to require Treasurer who receives money for any municipality to publish statement showing receipts and disbursements.
By Mr. Myrick of the 1st-
Senate Bill No. 81. A bill to amend code relative to terms of office of elective officers of towns and villages incorporated by Superior Courts.
By Mr. Rawls of the 8th-
Senate Bill No. 93. A bill to define the offense of abandonment.
By Mr. Goode of the 31st-
Senate Bill No. 96. A bill to create the Department of Law.
By Mr. Allen of the 41st-
Senate Bill No. 133. A bill to authorize county commissioners in any county to adopt for use a voting machine.
By Mr. Smith of the 25th-
Senate Bill No. 149. A bill to amend the charter of the City of Talbotton.
The following Senate Resolution, favorably reported, was read the 2nd time:
THURSDAY, JULY 18, 1929.
297
By Mr. Myrick of the 1st-
Senate Resolution No. 30. A resolution creating the "Georgia Pulaski Sesqui-centennial Commission.
The following Senate Resolution, favorably reported, was read the sceond time.
By Mr. Ham of the 6th-
Senate Resolution No. 24. A resolution regarding the adoption of the Sound Teacher retirement system.
The following House Bills, favorably reported, were read the second time:
By Richmond Delegation-
House Bill No. 39. A bill to amend an Act extending term of office of Secretary of the Board of Commissioners of Richmond County.
By Richmond Delegation-
House Bill No. 40. A bill to authorize the Board of Education of Richmond County to issue bonds.
By Richmond Delegation-
House Bill No. 41. A bill to amend an Act regulating public instruction in Richmond County.
By Messrs. Awtry and Pace of Cobb-
House Bill No. 76. A bill to authorize the City of Marietta to hold election for bonds.
By Richmond Delegation-
House Bill No. 96. A bill to amend an Act relative to Board of Education of Richmond County.
298
JouRNAL OF THE SENATE,
By Fulton Delegation-
House Bill No. 252. A bill to authorize Board of Commissioners in certain counties to supplement the funds of the County Board of Education.
By Messrs. Hewell and Adams of Elbert-
House Bill No. 280. A bill to amend an Act providing a system of public schools for the city of Elberton.
By Messrs. Hewell and Adams of Elbert-
House Bill No. 281. A bill to amend an Act providing new charte~ for the City of Elberton.
By Muscogee Delegation-
House Bill No. 324. A bill to abolish the Board of Commons of the City of Columbus.
The following resolution of the House was read and adopted.
By Messrs. New and Coleman of Laurens-
House Resolution No. 60. A resolution commending works of William W. Brewton.
The following house bills were read the third time and placed upon their pas8age:
By Mr. Lewis of Hancock-
House Bill No. 78. A bill to provide for the compensation of jury commissioners and their clerks in certain counties.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
THuRsDAY, JuLY 18, 1929.
299
The bill having received the requisite constitutional majority was passed.
By Messrs. Cooper, Gillen and Nottingham of Bibb-
House Bill No. 85. A bill to abolish justice courts m Bibb County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Cooper, Gillen and Nottingham of Bibb-
House Bill No. 86. A bill to amend an act creating the Municipal Court of Macon.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Traylor, Parker and Pilcher of Richmond-
House Bill No. 194. A bill to amend an Act establishing charter for the City of Augusta.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite c.onstitutional majority was passed.
The following message was received from the House through Mr. Moore, the Clerk thereof:
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JouRNAL oF THE SENATE,
Mr. President:
The House has passed by the requ1s1te constitutional majority the following hills of the House, to-wit:
By Mr. Bennett, of Wayne-
House Bill No. 51. A bill to be entitled an Act to amend the Act establishing the City Court of Jesup, and for other purposes.
By Messrs. Culpepper of Fayette and Hightower of Upson-
House Bill ::\'"o. 58. A bill to be entitled an Act to fix the regular terms of Superior Court in certain counties, and for other purposes.
By Mr. Felker of Walton-
House Bill ~o. 93. A bill to he entitled an Act to establish the City Court of Monroe, and for other purposes.
By Mr. Powell of Emanuel-
House Bill No. 103. A bill to he entitled an Act to amend the Act creating the City Court of Swainsboro, and for other purposes.
By Messrs. Cooper, Nottingham and Gillen of Bibb-
House Bill No. 154. A bill to be entitled an Act to amend the Act creating the City Court of Macon, and for other purposes.
By Mr. Cozart of Wilkes-
House Bill No. 179. A bill to be entitled an Act to provide for a new charter for the City of \Vashington, and for other purposes.
THuRsDAY, JuLY 18, 1929.
301
By Mr. vVestbrook of Dougherty-
House Bill No. 279. A bill to be entitled an Act to amend the Act creating the City Court of Albany, and for other purposes.
By Mr. Geer of Miller-
House Bill No. 236. A bill to be entitled an Act to repeal the Act which amended the Act creating the City Court of Miller, and for other purpo~es.
By Mr. Geer of Miller-
House Bill No. 237. A bill to be entitled an Act to amend the Act creating the City Court in and for the County of Miller, and for other purposes.
By Mr. Geer of Miller-
House Bill No. 238. A bill to be entitled an Act to amend the Act creating the City Court of Miller County, and for other purposes.
By Mr. Huddleston of Meriwether-
Hause Bill No. 332. A bill to be entitled an Act to amend the Act establishing a new charter for the Town of Luthersville, and for other purposes.
By Mr. Reid, of Haralson-
House Bill No. 346. A bill to be entitled an Act to amend the Act creating a new charter for the Town of vVaco, and for other purposes.
By Mr. Reid, of Haralson-
House Bill No. 351. A bill to be entitled an Act to amend the Act incorporating the City of Tallapoosa, and for other purposes.
302
JouRNAL OF THE SENATE,
By Messrs. Traylor, Parker and Pilcher, of Richmond-
House Bill No. 367. A bill to be entitled an Act to reduce the presentation in the City Council of Augusta, and for other purposs.
By Messrs. Cochran and Mardre of Thomas-
House Bill No. 378. A bill to be entitled an Act to amend the charter of the City of Thomasville, and for other purposes.
By Messrs. Cochran and Ma_rdre, of Thomas-
House Bill No. 391. A bill to be entitled an Act to amend the Act establishing a new charter for the City of Thomasville, and for other purposes.
By Mr. Kimbrough, of Harris-
House Bill No. 399. A bill to be entitled an Act to authorize the Mayor and Council of the Town of Chipley to transfer funds within said town, and for other purposes.
By Mr. Watson of Paulding-
House Bill No. 405. A bill to be entitled an Act to amend the Act creating a new charter for the Town of Dallas, and for other purposes.
By Messrs. Holt and McKelvey of Gwinnett-
House Bill No. 407. A bill to be entitled an Act to amend the Act repealing the Act incorporating the Town of Dacula, and for other purposes.
By Mr. Burch of Dodge-
House Bill No. 410. A bill to be entitled an Act to amend the Act establishing a public school system for the City of Eastman, and for other purposes.
THURSDAY, }ULY 18, 1929.
303
By Mr. Patten of Lanier-
Hause Bill No. 412. A bill to be entitled an Act to amend the Act changing the name of the Town of Milltown to the City of Lakeland, and for other purposes.
By Mr. Peterson of Montgomery-
House Bill No. 414. A bill to be entitled an Act to create a new charter for the Town of Tarrytown, and for other purposes.
By Mr. Wind of Grady-
House Bill No. 427. A bill to be entitled an Act to amend the Act incorporating the Town of Whigham, and for other purposes.
By Messrs. Scruggs and Taylor of Washington-
House Bill No. 445. A bill to be entitled an Act to amend an Act authorizing the City of Sandersville to levy a public schools tax, and for other purposes.
By Mr. Barrett of Stephens-
House Bill No. 75. A bill to be entitled an Act to amend the constitution so as to provide Stephens County to issue hospital bonds.
By Messrs. Felker and Chick of Walton-
House Bill No. 165. A bill to be entitled an Act to provide for the election of members of the General Assembly in certain counties, and for other purposes.
By Mr. Mills of Chatham-
House Bill No. 480. A bill to be entitled an Act to provide that when the General Assembly shall change the limitation of the use of public educational funds that the
304
JouRNAL or THE SENATE,
provisions in the charter of the Board of Public Education for the City of Savannah containing similar limitation shall be ipso facto changed to accord, and for other purposes.
By Messrs. Battle, Meredith and Roberts of Muscogee-
House Bill No. 221. A bill to be entitled an Act to regulate salaries of stenographers in certain judicial circuits, 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 reqms1te constitutional majority the following bills of the Senate to-wit:
By Mr. Allen of the 41st-
Senate Bill No. 13. A bill to be entitled an Act to authorize the Mayor and Council of the City of Blue Ridge to pay over to the Board of Education certain public funds, and for other purposes.
By Mr. Allen of the 41st-
Senate Bill No. 14. A bill to be entitled an Act to incorporate the Blue Ridge Public School District, and for other purposes.
By Mr. Allen of the 41st-
Senate Bill No. 15. A bill to be entitled an Act to repeal an Act establishing a system of public schools m the Town of Blue Ridge, and for other purposes.
By Mr. Vandiviere of the 39th-
Senate Bill No. 102. A bill to be entitled an Act to authorize the Commissioner of Roads and Revenues of
THVRSDAY, JuLY 18, 1929.
305
Cherokee County to lease certain lands to the Town of Canton, and for other purposes.
The following House resolutions were read the first time and referred to Committees:
By Mr. Colson of GlynnHouse Resolution No. 31.
A resolution to correct the spelling of Jekyll Island. Referred to Committee on State of the Republic.
By Messrs. Boykin and Henderson of CarrollHouse Resolution No. 39.
A resolution to require the State Librarian to furnish certain law books to Carroll County.
Referred to Committee on Public Library.
By Messrs. Autrey and Pace of CobbHouse Resolution No. 40.
A resolution to change the name of Grassy Mountain to Mount Oglethorpe.
Referred to ~ommittee on State of Republic.
The following House Bills were read the first time and referred to Committees:
By Chatham DelegationHouse Bill No. 15. A bill to declare Armistice Day of each year a public and
legal holiday. Referred to Committee on State of the Republic.
306
JOURNAL OF THE SENATE,
By Mr. Hightower of Upson-
House Bill No. 45. A bill to amend an Act incorporating the City of Thomaston. Referred to Committee on Municipal Government.
By Mr. Hightower of UpsonHouse Bill No. 46. A bill to amend Acts incorporating the Village of East
Thomaston.
Referred to Committee on Municipal Government.
By Mr. Hightower of UpsonHouse Bill No. 47. A bill to incorporate the City of Silvertown. Referred to Committee on Municipal Government.
By Mr. Hightower of UpsonHouse Bill No. 48. A bill to amend the charter of the City of Thomaston. Referred to Committee on Municipal Government.
By Mr. Bennett of Wayne-
House Bill No. 51. A bill to amend the Act establishing the City Court of Jesup. Referred to Committee on Special Judiciary.
By Messrs. Byars of Spalding, Culpepper of Fayette and Hightower of UpsonHouse Bill No. 58. A bill to fix the regular terms and
THURSDAY, jULY 18, 1929.
307
times for holding same of the Superior Courts of the Griffin Judicial Circuit.
Referred to Committee on Special Judiciary.
By Mr. Barrett of StephensHouse Bill No. 75. A bill to amend the Constitution to permit Stephens
County to issue bonds. Referred to Committee on Constitutional Amendments,
By Mr. Felker of WaltonHouse Bill No. 93. A bill to establish the City Court .of Monroe.
Referred to Committee on Special Judiciary.
By Mr. Powell of EmanuelHouse Bill No. 103. A bill to amend an Act creating City Court of Swains-
boro. Referred to Committee on Special Judiciary.
By Mr. Pace of CobbHouse Bill No. 139. A bill to amend an Act fixing salary of the treasurer of
Cobb County. Referred to Committee on Counties and County Matters.
By Mr. Chalker of Pulaski-
House Bill No. 151.
A bill to repeal an Act amending charter of the City of Hawkinsville.
308
JouRNAL OF THE SENATE,
Referred to Committee on Corporations.
By Mr. Cooper of BibbHouse Bill No. 154. A bill to amend the Act creating the City Court of Macon. Referred to Committee on Special Judiciary.
By Mr. Dickey of GordonHouse Bill No. 163. A bill to amend the charter of the City of Calhoun. Referred to Committee on Corporations.
By Messrs. Felker and Chick of WaltonHouse Bill No. 165.
A bill to provide for the election of members of General Assembly in certain counties.
Referred to Committee on Privileges and elections.
By Mr. Chalker of PulaskiHouse Bill No. 177. :\ bill to provide a new government for the City of
Hawkinsville. Referred to Committee on Corporations.
By Mr. Chalker of PulaskiHouse Bill No. 178. A bill to amend the charter of the City of Hawkinsville. Referred to Committee on Corporations.
THURSDAY, JuLY 18, 1929.
309
By Mr. Cozart of WilkesHouse Bill No. 179. A. bill to provide a new charter for the City of
Washington. Referred to Committee on Municipal Government.
By Mr. Hubbard of WilkinsonHouse Bill No. 181. A bill to amend the charter of the Town of Toombsboro. Referred to Committee on Municipal Government.
By Mr. Beasley of TattnallHouse Bill No. 189. A bill to amend the charter of the City of Manassas. Referred to Committee on Municipal Government.
By Mr. Nelson of MaconHouse Bill :t\o. 202. :\ bill to amend the charter of the City of Montezuma. Referred to Committee on Municipal Government.
By Muscogee DelegationHouse Bill No. 221. A bill to regulate the salaries of stenographic reporters
in certain judicial circuits of Georgia. Referred to Committee on Special Judiciary.
By Mr. Geer of MillerHouse Bill No. 236.
310
JOURNAL OF THE SENATE,
A bill to repeal an Act amending the City Court of Miller County.
Referred to Committee on Special Judiciary.
By Mr. Geer of MillerHouse Bill No. 237. A bill to amend an Act amending Act creating City
Court of Miller County.
Referred to Committee on Special Judiciary.
By Mr. Geer of MillerHouse Bill No. 238. A bill to amend an Act creating City Court of Miller
County.
Referred to Committee on Special Judiciary.
By Mr. Westbrook of DoughertyHouse Bill No. 279.
A bill to amend an Act creating City Court of the City of Albany.
Referred to Committee on Special Judiciary.
By Mr. Huddleston of MeriwetherHause Bill No. 332. A bill to amend the charter of the Town of Luthersville. Referred to Committee on Municipal Government.
By Mr. Dickey of GordonHouse Bill No. 345. A bill to amend the charter of the City of Calhoun.
THURSDAY, JuLY 18, 1929.
311
Referred to Committee on Corporations.
By Mr. Reid of Haralson-
House Bill No. 346. A bill to amend an Act creatmg new charter for the Town of Waco. Referred to Committee on Corporation.
By Mr. Reid of HaralsonHouse Bill No. 351. A bill to amend the charter of the City of Tallapoosa. Referred to Committee on Municipal Government.
By Richmond Delegation-
House Bill No. 367. A bill to reduce the representation m the City Council of Augusta. Referred to Committee on Mun:icipal Government.
By Messrs. Cochran and Mardre of ThomasHouse Bill No. 378. A bill to amend the City of Thomasville. Referred to Committee on Corporations.
By Miss Kempton and Mr. Brown of Fulton-
House Bill No. 386. A bill to amend an Act establishing new charter for Atlanta.
Referred to Committee on Municipal Government.
312
JOURNAL OF THE SENATE,
By Mr. Kimbrough of Harris-
House Bill No. 399. A bill to authorize the Town of Chipley to transfer certain funds.
Referred to Committee on Municipal Government.
By Mr. Watson of PauldingHouse Bill No. 405. A bill to amend an Act creating
new charter for the Town of Dallas. Referred to Committee on Corporations.
By Messrs. McKelvey and Holt of GwinnettHouse Bill No. 407. A bill to amend the charter of
Dacula, Ga. Referred to Committee on Municipal Government.
By Mr. Burch of DodgeHouse Bill No. 410. A bill to amend an Act creating
a system of public schools for the City of Eastman. Referred to Committee on Corporations.
By Mr. Patten of LanierHause Bill No. 412. A bill to amend the Act changing
the name of the Town of Milltown to the City of Lakeland. Referred to Committee on Municipal Government.
By Mr. Peterson of MontgomeryHouse Bill No. 414. A bill to create a new charter for
the Town of Tarrytown. Referred to Committee on Corporations.
By Mr. Wind of GradyHouse Bill No. 427. A bill to amend the Act mcor-
THURSDAY, JuLY. 18, 1929.
313
porating the Town of Whigham. Referred to Committee on Municipal Government.
By Messrs. Scruggs and Taylor of Washington-
House Bill No. 445. A bill to amend an Act authorizing the City of Sandersville to levy school tax.
Referred to Committee on Corporations.
By Mr. Mills of ChathamHouse Bill No. 480. A bill to provide that the City of
Savannah may change edu.:ational limitations to accord to changes made by the General Assembly.
Referred to Committee on Education. The following privileged resolution was read and adopted.
By Mr. Atkinson of the 4th-
A resolution extending the privileges of the floor to Hon. B. F. Mann of the County of Glynn, during his stay in the city.
By unanimous consent Senator Williams of the 16th was granted leave of absence until Monday next, on account of death in his family.
Under an unanimous consent agreement of yesterday, the following bill was taken up for consideration, to-wit:
By Mr. Neill of the 24th-
Senate Bill No. 3. A bill to define and declare the amount of highway of this State.
At 12:38 P. M. Mr. Neill of the 24th asked unanimous consent that the Senate go into executive session at this time, and that, upon emerging therefrom, today's session
314
JOURNAL OF THE SENATE,
of the Senate be extended until the disposition of the Senate Bill under consideration.
The consent was granted.
The Senate went into executive session at 12:39 o'clock today.
The executive session was dissolved at 12:48 P. M.
Mr. Tyson of the 2nd called for the previous question.
Mr. Pitner of the 50th moved that the Senate do now adjourn.
Mr. Pitner of the 50th asked unanimous consent to withdraw his motion to now adjourn, and the consent was granted.
Mr. Pitner moved that the bill be recommitted to the Committee on Highways.
Mr. Neill of the 24th made the point of order that a call for the previous question took precedence over a motion to recommit, and the point was sustained by the President Pro tempore of the Senate.
The call for the previous question was sustained, and the main question was ordered.
The following amendments, proposed by the Committee were adopted:
"Amend Senate Bill No. 3, by adding a new Section to be known as Section 3, to read as follows:
"Sec. 3. Nothing contained in this Act shall be construed to prevent any county of this State in which there is located a town or city of not more than twenty-five hundred people, to receive its pro rata of the one cent gasoline tax now allocated to the counties, as to such State Aid Road Mileage in towns or cities of not more than twenty-five hundred people."
THURSDAY, JuLY 18, 1929.
315
Also amend by adding a new Section to be known as Section 4, to read as follows:
"Sec. 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed."
Mr. Vaughn of the 34th asked unanimous consent that the bill be recommitted to the Committee on Highways. Mr. Smith of the 25th objected.
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, the nays 10.
The bill having received the requisite constitutional majority was passed.
Under the unanimous consent previously granted, the President Pro tempore declared the Senate adjourned until tomorrow morning at 10:00 o'clock.
316
JouRNAL oF THE SENATE,
SENATE CHAMBER, ATLANTA, GA
FRIDAY, JuLY 19, 192~.
The Senate met pursuant to adjournment at 10:00 A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.
The following bills were introduced, read the first time and referred to committees:
By Messrs. Neill of the 24th, Fletcher of the 22nd and Whaley of the 35th-
Senate Bill No. 171. A bill to regulate and license real estate brokers.
Referred to Committee on Special Judiciary.
By Mr. Goode of the 31st-
Senate Bill No. 172. A bill to amend Code to allow railroad companies to elect a board of directors in excess of fifteen.
Referred to Committee on Railroads.
By Messrs. Vaughn of the 34th, Goode of the 31st, Ford of the lOht, Whaley of the 35th,. Platt of the 7th and Pitner of the 50th-
Senate Bill No. 173. A bill to amend an Act regulating
FRIDAY, JuLY 19, 1929.
317
the practice of dentistry. Referred to Committee on Uniform Laws.
By Mr. Lankford of the 15th-
Senate Bill No. 174. A bill to amendMotorVehicleLaw and to provide for penalties for non-compliance.
Referred to Committee on Finance.
By Mr. Garrison of the 33rd-
Senate Bill No. 175. A bill to amend an Act entitled "Regulation of Freight and Passenger Tariffs, approved October 14, 1879."
Referred to Committee on Railroads.
By Mr. Whaley of the 35th-
Senate Bill No. 176. A bill to provide that the office of tax commissioner and the office of Commissioner of revenue be abolished.
Referred to Committee on Finance.
Mr. McElmurray of the 17th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your Committee on Agriculture has had under consideration the following Senate bills, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 43.
Senate Bill No. 150.
Senate Bill No. 151.
Senate Bill No. 154.
318
JOURNAL OF THE SENATE,
Senate Bill No. 155, as amended by the Committee. Respectfully submitted, McELMURRAY, Chairman.
Mr. Lankford of the 15th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance has had under consideration the following bill of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 143.
Respectfully submitted, LANKFORD, Chairman.
Mr. Allen of the 41st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. President:
Your Committee on Insurance has had under consideration the following bill of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 153.
Respectfully submitted, ALLEN, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
FRIDAY, JuLY 19, 1929.
319
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 171, as amended by the above committee.
Respectfully submitted,
DORSEY, Chairman.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the following bills of the House, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 151. House Bill No. 163. House Bill No. 177. House Bill No. 178. House Bill No. 345. House Bill No. 346. House Bill No. 378. House Bill No. 391. House Bill No. 405. House Bill No. 410. House Bill No. 414. House Bill No. 445.
Respectfully submitted,
LANE, Chairman.
320
JouRNAL or THE SENATE,
The following bills, favorably reported, were read the second time.
By Mr. Tyson of the 2nd-
Senate Bill No. 43. A bill to amend an Act creating an experimental station in the coastal section.
By Mr. Neill of the 24th-
Senate Bill No. 143. A bill to more clearly specify the securities and property in which insurance companies may invest their funds.
By Mr. Smith of the 25th-
Senate Bill No. 150. A bill to regulate the statistics of the number of bales of cotton ginned at the gins in this State.
By Mr. Lane of the 13th-
Senate Bill No. 151. A bill to provide for the control, sale or free dist.-ibution of hog cholera virus.
By Messrs. Lane of the 13th and Sibley of the 19th-
Senate Bill No. 153. A bill to authorize a person, groups of persons or corporations to engage in the business of selling burial benefits.
By Mr. Ford of the lOth-
Senate Bill No. 154. A bill to amend an Act creating a Board of Veterinary examiners.
By Messrs. King of the 11th, Davis of the 21st and others-
Senate Bill No. 155. A bill to fix the term of the State Entomologist.
FRIDAY, JuLY 19, 1929.
321
By Messrs. Neill of the 24th, Fletcher of the 22nd and Whaley of the 35th-
Senate Bill No. 171. A bill to amend an Act relating to regulating and licensing real estate brokers.
The following House bills, favorably reported, were read the second time:
By Mr. Chalker of Pulaski-
House Bill No. 151. A bill to repeal an Act amending the charter of the City of Hawkinsville.
By Mr. Dickey of Gordon-
House Bill No. 163. A bill to amend the charter of the City of Calhoun.
By Mr. Chalker of Pulaski-
House Bill No. 177. A bill to provide a new government for the City of Hawkinsville.
By Mr. Chalker of Pulaski-
House Bill No. 178. A bill to amend the charter of the City of Hawkinsville.
By Mr. Dickey of Gordon-
House Bill No. 345. A bill to amend the charter of the City of Calhoun.
By Mr. Reid of HaralsonHouse Bill No. 346. A bill to amend an Ac.t creating
a new charter for the Town of Waco.
By Messrs. Cochran and Mardre of ThomasHouse Bill No. 378. A bill to amend the charter of
322
JOURNAL OF THE SENATE,
the City of Thomasville.
By Messrs. Cochran and Mardre of Thomas-
House Bill No. 391. A bill to amend an Act establishing a new charter for the City of Thomasville.
By Mr. Watson of Paulding-
House Bill No. 405. A bil, to amend an Act creating a new charter for the Town of Dallas.
By Mr. Burch of Dodge-
House Bill No. 410. A bill to amend an Act establishing a system of public schools for the City of Eastman.
By Mr. Peterson of Montgomery-
House Bill No. 414. A bill to create a new charter for the Town of Tarrytown.
By Mr.. Scruggs and Mr. Taylor of Washington-
House Bill No. 445. A bill to amend the Act authorizing the City of Sandersville to levy school tax.
Mr. Tyson of the 2nd, Chairman of the Committee on Railroads, asked unanimous consent that 300 copies of Senate Bill No. 112 be printed for the use of the Senate and House, and the consent was gran ted.
By unanimous consent the following bills were withdrawn from the committee, read the second time and recommitted:
By Mr. Myrick of the 1stSenate Bill No. 10. A bill to repeal an Act establishing
a board of examiners for accountants.
FRIDAY, JuLY 19, 1929.
323
By Messrs. Wright of the 42nd and Mathews of the 23rd-
Senate Bill No. 25. A bill to alter and amend the law relating to practice and procedure in criminal cases of the courts of this State.
By Mr. Wright of the 42nd-
Senate Bill No. 30. A bill to add murder to list of crimes unpardonable by Governor.
By Mr. Vaughn of the 34th-
Senate Bill No. 66. A bill to regulate the prac.tice of law.
By Mr. Pitner of the 50th-
Senate Bill No. 69. A bill to define the power of the county authorities to levy taxes.
By Mr. Mathews of the 23rd-
Senate Bill No. 88. A hill to avoid delays in appeal of criminal cases.
By Mr. Mathews of the 23rd-
Senate Bill No. 89. A bill to give defendant in criminal cases opening and concluding arguments.
By Mr. Brewer of the 46th-
Senate Bill No. 91. A bill to create special liens in favor of labore.s in certain cases.
By Mr. Lane of the 13th-
Senate Bill No. 118. A bill to regulate sales under power of sale.
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JouRNAL OF THE SENATE,
By Mr. Lane of the 13th-
Senate Bill No. - . A bill to provide for trial of actions at law, of a complicated nature, by courts of record in this State.
By Mr. Lane of the 13th-
Senate Bill No. 127. A bill to regulate bail into trover actions.
By Mr. Tyson of the 2nd-
Senate Bill No. 130. A bill to fix salaries of secretaries of Supreme Court.
By Mr. Wright of the 42nd-
Senate Bill No. 147. A bill to amend an Act providing that county warrants legally issued shall bear interest from date.
By Messrs. McKelvey and Holt of Gwinnett-
House Bill No. 407. A bill to amend the charter of the Town of Dacula.
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 re!'olutions of the House, to-wit:
By Mr. Allen of Baldwin-
House Bill No. 2. A bill to be entitled an Act to change the name of the Georgia State Sanitarium, and for other purposes.
FRIDAY, JuLY 19, 1929.
325
By Messrs. Ramspeck and Weekes of DeKalb-
House Bill No. 8. A bill to be entitled an Act to regulate the practice of law, and for other purposes.
By Mr. Adkins of Calhoun-
House Bill No. 10. A bill to be entitled an Act to change the county site of Calhoun. County, and for other purposes.
By Messrs. Weekes and Ramspeck of DeKalb-
House Bill No. 23. A bill to be entitled an Act to provide the form and manner of recording instruments affecting the title to lands, and for other purposes.
By Mr. Weekes of DeKalb-
House Bill No. 24. A bill to be entitled an Act to make it unlawful to carry on business under an assumed name without filing an affidavit with Clerk of Superior Court, and for other purposes.
By Messrs. Boykin and Henderson of Carroll-
House Bill No. 62. A bill to be entitled an Act to amend the Act establishing the City Court of Carrollton, and for other purposes.
By Mr. Weeks of Columbia-
House Bill No. 82. A bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues of Columbia County, and for other purposes.
By Mr. Fagan of Peach-
House Bill No. 89. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Peach, and for other purposes.
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JouRNAL OF THE SENATE,
By Messrs. Holt and McKelvey of Gwinnett-
House Bill No. 119. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Gwin11ett County, and for other purposes.
By Messrs. Stanton and Beaton of Ware-
House Bill No. 169. A bill to be entitled an Act to amend the Act establishing the City Court of Waycross, and for other purposes.
By Messrs. Beaton and Stanton of Ware-
House Bill No. 172. A bill to be entitled an Act to amend the Act which amended the Act establishing the City Court of Vvaycross, and for other purposes.
By Mr. Byars of Spalding-
House Bill No. 296. A bill to be entitled an Act to fix the compensation of the Commissioners of Roads and Revenues of Spalding County, and for other purposes.
By Mr. Hardin of Whitfield-
House Bill No. 304. A bill to be entitled an Act to repeal the Act creating a Board of Commissioners of Roads and Revenues for Whitfield County, and for other purposes.
By Mr. Hardin of Whitfield-
House Bill No. 305. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for Whitfield County, and for other purposes.
By Messrs. Cooper, Gillen and Nottingham of Bibb-
House Bill No. 339. A bill to be entitled an Act to provide for office expenses of the Clerk and other officers of certain counties, and for other purposes.
FRIDAY, JuLY 19, 1929.
327
By Mr. Tippins of Evans-
House Bill No. 348. A bill to be entitled an Act to amend. the Act creating a Board of Commissioners for the County of Evans, and for other purposes.
By Mr. Arnold of Henry-
House Bill No. 371. A bill to be entitled an Act to amend the Act abolishing the offices of Tax Collector and Tax Receiver for Henry County, and for other purposes.
By Mr. Edmondson of Chattooga-
House Bill No. 419. A bill to be entitled an Act to abolish the City Court of Summerville, and for other purposes.
By Mr. Edmondson of Chattooga-
House Bill No. 420. A bill to be entitled an Act to provide for holding three terms of Superior Court in Chattooga County, and for other purposes.
By Messrs. Adams and Hewell of Elbert-
House Bill No. 422. A bill to be entitled an Act to amend the Act creating the office of Tax Commissioner for Elbert County, and for other purposes.
By Mr. Wind of Grady-
House Bill No. 426. A bill to be entitled an Act to amend the Act establishing the City Court of Cairo, and for other purposes.
By Messrs. Pilcher, Traylor and Parker of Richmond-
House Bill No. 432. A bill to be entitled an Act to provide for the payment of county treasurer in certain counties, and for other purposes.
328
JouRNAL OF THE SENATE,
By Mr. Harrison of Camden-
House Bill No. 446. A bill to be entitled an Act to establish the City Court of Woodbine, and for other purposes.
By Mr. Phillips of Telfair-
Hause Bill No. 472. A bill to be entitled an Act to authorize Tax Collectors of certain counties to collect tax fi. fas., and for other purposes.
By Mr. Mills of Chatham-
House Bill No. 479. A bill to be entitled an Act to authorize the Board of Education of the City of Savannah and County of Chatham to administer funds appropriated for teachers' retirement, and for other purposes.
By Messrs. Powell and Cail of Screven-
House Bill No. 484. A bill to be entitled an Act to amend the Act creating the office of County Commissioner of Screven County, and for other purposes.
By Mr. Kimbrough of Harris-
House Resolution No. 66. A resolution that the Georgia Assembly join the Texas Assembly in petitioning the Farm Relief Board for action on cotton prices.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requts1te constitutional majority the following bills and resolutions of the Senate, to-wit:
By Mr. Pitner of the 50thSenate Bill No. 41. A bill to be entitled an Act to abol-
FRIDAY, JuLY 19, 1929.
329
ish the offices of Tax Collector and Tax Receiver in Wilkes County, and for other purposes.
By Mr. Rawls of the 8th-
Senate Resolution No. 12. A resolution authorizing the State Librarian to furnish certain documents to the Judge of the Albany Judicial Circuit.
The following bills of the House were read the first time and referred to committees:
By Mr. Allen of Baldwin-
House Bill No. 2. A bill to change the name of the Georgia State Sanitarium.
Referred to Committee on State of the Republic.
By Messrs. Ramspeck and Weekes of DeKalb and Jones of Burke-
House Bill No. 8. A bill to regulate the practice of law. Referred to Committee on General Judiciary No. 2.
By Mr. Adkins of Calhoun-
House Bill No. 10. A bill to remove the county site from Arlington to Morgan in Calhoun County.
Referred to Committee on Counties and County Matters.
By Messrs. Weekes and Ramspeck of DeKalb-
House Bill No. 23. A bill to provide form and manner of recording decrees, deeds, etc.
Referred tp Committee on General Judiciary No. 1.
By Mr. Weekes of DeKalb-
House Bill No. 24. A bill to make it unlawful for any person to carry on business under an assumed name with-
330
JouRNAL OF THE SENATE,
out first filing affidavit with the Clerk of Superior Court. Referred to Committee on General Judiciary No. 1.
By Messrs. Boykin and Henderson of Carroll-
House Bill No. 62. A bill to amend an Act establishing the City Court of Carrollton.
Referred to Committee on Special Judiciary.
By Mr. Weeks of ColumbiaHouse Bill No. 82. A bill to amend an Act creating a
Board of Commissioners of Roads and Revenues of Columbia County.
Referred to Committee on Counties and County Matters.
By Mr. Fagan of Peach-
House Bill No. 89. A bill to create a Board of Commissioners of Roads and Revenues of Peach County.
Referred to Committee on Counties and County Matters.
By Messrs. Holt and McKelvey of GwinnettHouse Bill No. 119. A bill to abolish the offices of Tax
Receiver and Tax Collector in Gwinnett County. Referred to ~ommittee on Counties and County Matters.
By Messrs. Stanton and Beaton of WareHouse Bill No. 169. A bill to amend an Act establishing
the City Court of Waycross. Referred to Committee on Special Judiciary.
By Messrs. Beaton and Stanton of WareHouse Bill No. 172. A bill to amend an Act amending
Act creating the City Court of Waycross.
FRIDAY, JuLY 19, 1929.
331
Referred to Committee on Special Judiciary.
By Mr. Byars of Spalding-
House Bill No. 296. A bill to fix the compensation of the Commissioners of Roads and Revenues of Spalding County.
Referred to Committee on Counties and County Matters.
By Mr. Hardin of Whitfield-
House Bill No. 304. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues in Whitfield County.
Referred to Committee on Counties and County Matters.
By Mr. Hardin of Whitfield-
House Bill No. 305. A bill to create the office of Commissioner of Roads and Revenues in Whitfield County.
Referred to Committee on Counties and County Matters.
By Bibb DelegationHouse Bill No. 339. A bill to provide for office expenses
of clerk, and other officers of certain counties. Referred to Committee on Counties and County Matters.
By Mr. Tippins of Evans-
House Bill No. 348. A bill to amend an Act creating a Board of Commissioners for the County of Evans.
Referred to Committee on Counties and County Matters.
By Mr. Arnold of HenryHouse Bill No. 371. A bill to amend an Act abolishing
offices of Tax Collector and Tax Receiver of Henry County.
332
JouRNAL OF THE SENATE,
Referred to Committee on Counties and County Matters
By Mr. Edmondson of Chattooga-
House Bill No. 419. A bill to abolish the City Court of Summerville.
Referred to Committee on Special Judiciary.
By Mr. Edmondson of Chattooga-
House Bill No. 420. A bill to provide for holding three terms of the Superior Court in Chattooga County.
Ref~rred to Committee on Special Judiciary.
By Messrs. Adams and Hewell of Elbert-
House Bill No. 422. A bill to amend an Act creating the office of Tax Commissioner of Elbert County.
Referred to Committee on Counties and County Matters.
By Mr. Wind of GradyHouse Bill No. 426. A bill to amend an Act establishing
the City Court of Cairo.
Referred to Committee on Special Judiciary.
By Richmond DelegationHouse Bill No. 432. A bill to provide for the payment of
county treasurer in certain counties.
Referred to Committee on Counties and County Matters.
By Mr. Harrison of Camden-
House Bill No. 446. A bill to establish the City Court of Woodbine.
Referred to Committee on General Judiciary No. 2.
FRIDAY, JuLY 19, 1929.
333
By Mr. Phillips of Telfair-
Hause Bill No. 472. A bill to vest in the tax collectors of certain counties the power of sheriff to collect tax fi. fas.
Referred to Committee on General Judiciary No. 2.
By Mr. Mills of Chatham-
House Bill No. 479. A bill to authorize the Board of Education of the City of Savannah to administer funds appropriated for teachers' retirement.
Referred to Committee on Education.
By Messrs. Powell and Cail of Screven-
House Bill No. 484. A bill to amend an Act creating the office of County Commissioner of Screven County.
Referred to Committee on Counties and County Matters.
The following communication was received, and read by the Secretary:
The Members of the Senate, Gentlemen of the Press and Employees of the Senate
are invited to attend an entertainment to be given by Dr. and Mrs. George Brown, of Fulton, at the Elks' Club House, Peachtree and Third Streets, Wednesday evening at 8 P.M., July 24th.
Mr. Smith of the 25th moved that the invitation be accepted with the thanks of the Senate, and the motion prevailed.
The following privileged resolution was read and adopted.
By Mr. Rawls of the 8th-
A resolution extending the privileges of the floor to Hon. P. B. Rich during his stay in the city.
334
JouRNAL oF THE SENATE,
The following House bills were read the third time and placed upon their passage:
By Messrs. Parker, Pilcher and Traylor of RichmondHouse Bill No. 39. A bill to extend the term of the office
of Secretary of the Board of Education of Richmond County. The report of the committee, which was favorable to
the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker, Pilcher and Traylor of. Richmond-
House Bill No. 40. A bill to authorize the Board of Education of Richmond County to issue bonds.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 41. A bill to amend an Act to regulate public instruction in Richmond County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
FRIDAY, JuLY 19, 1929.
335
By Messrs. Awtrey and Pace of Cobb-
House Bill No. 76. A bill to authorize the City of Marietta to hold an election for the purpose of issuing bonds.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker, Pilcher and Traylor of RichmondHouse Bill No. 96. A bill to amend an Act relative to
the Board of Education of Richmond County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0. The bill having received the requisite constitutional majority was passed.
By Miss Kempton and Mr. Still of Fulton-
House Bill No. 141. A bill to amend the charter of the City of Atlanta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Fulton Delegation-
House Bill No. 252. A bill to authorize the Board of Commissioners of certain counties to supplement funds of the County Board of Education.
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JouRNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Hewell and Adams of Elbert-
House Bill No. 280. A bill to amend an Act providing a public school system for the City of Elberton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Hewell and Adams of ElbertHouse Bill No. 281. A bill to amend an Act providing
the charter for the City of Elberton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Battle, Meredith and Roberts of Muscogee: House Bill No. 324. A bill to abolish the Board of Com-
mons of the City of Columbus.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
FRIDAY, }ULY 19, 1929.
337
The bill having received the requisite constitutional majority was passed.
The following Senate bill was read the third time and placed upon its passage.
By Mr. Tyson of the 2nd.
Senate Bill No. 20. A bill to amend an Act creating the Department of Archives.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 1.
The bill having received the requisite constitutional majority was passed.
The following Senate resolution was read the third time and placed upon its passage.
By Mr. Ham of the 6th-
Senate Resolution No. 24. A resolution appointing a committee to investigate a school teachers' retirement system.
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 27, nays 3.
The resolution having received the requisite constitutional majority was passed.
The following message was received from His Excellency, The Governor, through Mr. Wilson, the Secretary thereof:
Mr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication, to which he
338
JouRNAL OF THE SENATE,
respectfully dire-cts the Senate's attention m executive sess10n.
By unanimous consent the Senate went into executive session at 12:20.
The executive session was dissolved at 12:35 o'clock.
Mr. Neill asked unanimous consent that when the Senate adjourned today that it stand adjourned until Monday morning, July 22, 1929, at 11:00 o'clock, and the consent was granted.
The following House resolution was read and adopted:
By Mr. Kimbrough of Harris-
Hou~e Resolution No. 66. A resolution joining the Legislature of Texas in petitioning the Farm Relief Board to take immediate remedial action with reference to cotton.
By unanimous consent the following resolutions of the Senate were read and adopted:
By Mr. Smith of the 25th-
Senate Rewlution No. 32. A resolution commending the Texa$ Legislature for farm relief actions taken.
By Mr. Zellars of the 30th-
Senate Resolution No. 33. A resolution requesting Information from the Attorney-Genf'ral.
By Mr. Pitner of the 50th and OthersSenate Resolution No. 34. A resolution expressing con-
fidence in Senator Redwine.
By Mr. Pitner of the 50thSenate Resolution No. 35. A resolution requesting cer-
tain information from the Highway Department.
FRIDAY, JuLY 19, 1929.
339
The following bill was read the third time and placed upon its passage:
By Mr. Smith of the 25th-
Senate Bill No. 28. A bill to amend House Bill No. 43 by striking Section One (1) and inserting a new section therein.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 6, nays 24.
The bill having failed to receive the requisite constitutional majority was therefore lost.
The following resolution was taken up for consideration.
By Mr. Myrick of the 1st-
Senate Resolution No. 30. A resolution creating the Georgia Pulaski Sesqui-Centennial Commission.
Mr. Lankford of the 15th asked unanimous consent that the further consideration of the resolution be postpone4 until Monday, July 22, immediately after the period of unanimous consents, and the consent was granted.
By unanimous consent Senate Bill No. 51 was postponed until Monday, July 22, immediately after action on Senate Resolution No. 30.
Bv unanimous consent the .:..onsideration of Senate Bill .No. 52 was postponed until Monday, July 22, immediately after the action taken on Senate Bill No. 51.
Mr. Smith of the 25th moved that the Senate do now adjourn, and the motion prevailed.
The President, under an unanimous consent agreement earlier adopted, declared the Senate adjourned until Monday morning, July 22, at 11:00 A.M.
340
JouRNAL oF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, JuLY 22, 1929.
The Senate met pursuant to adjournment at 11:00 A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Vandiviere, Vice-Chairman of the Committee on Journals, reported that the Journal of last Friday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of last Friday's proceedings was dispensed with.
The following bills were introduced, read the first time and referred to Committees:
By Messrs. Whaley of the 35th and Redwine of the 26th-
Senate Bill No. 177. A bill to create a Commission for operation of the Western & Atlantic Railroad.
Referred to Committee on Western and Atlantic Railroad.
By Mr. Terrell of the 36th-
Senate Bill No. 178. A bill to amend an Act approved August 17, 1914, thereby giving the county commissioners and sheriffs of counties of this State, having any number of population, to elect or appoint county police.
Referred to Committee on General Judiciary No. 1.
By Messrs. Allen of the 41st and Mashburn of the 51st-
Senate Bill No. 179. A bill to prevent any physician from testifying in civil cases concerning communications made to him by his patient, or advice to his patient, etc.
MoNDAY, JuLY 22, 1929.
341
Referred to Committee on General Judiciary No. 2.
By Mr. Neill of the 24th-
Senate Bill No. 180. A bill to amend Acts relating to validation of bonds issued by counties, municipalities and divisiom:.
Referred to Committee on General Judiciary No. 2.
By Mr. King of the 11th-
Senate Bill No. 181. A bill to amend an Act establishing the City Court of Fort Gaines.
Referred to Committee on Special Judiciary.
The President of the Senate and the Secretary, accompanied by a large number of the members of the Senate, journeyed to Clayton on last Saturday July 20th, 1929, where the oath of office was administered to Hon. Chas. E. Cannon, senator-elect from the 40th Senatorial District; the oath being administered by the Chief Justice of the Supreme Court of Georgia, Honorable Richard B. Russell.
Mr. Myrick of the 1st asked unanimous consent that the following bill be withdrawn from the committee on General Judiciary No. 1, and recommitted to the committee on General Judiciary No. 2.
By Mr. Myrick of the 1st-
Senate Bill No. 10. A bill to repeal Act establishing a board for the examination of accountants.
The consent was gran ted.
Mr. Kidd of the 9th asked unanimous consent that the following House Bill be withdrawn from the committee, read the second time and recommitted.
342
JouRNAL OF THE SENATE,
By Mr. Adkins of Calhoun-
House Bill No. 10. A bill to remove the county site of Calhoun County.
The consent was granted.
Mr. Terrell of the 36th asked unanimous consent that the following bill be withdrawn from the committee on Agriculture, and recommitted to the committee on General Judiciary No. 1.
By Mr. Terrell of the 36thSenate Bill No. 158. A bill to fix the salary of the director
of the Bureau of Markets.
The consent was gran ted. The following privileged resolution was read and adopted.
By Mr. :!'\eill of the 24th-
A resolution extending the privileges of the floor to Hon. John Murrah of the County of Muscogee during his stay in the city.
Mr. Atkinson of the 4th District, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. President:
Your Committee on Military Affairs has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Resolution No. 9 do pass. Senate Resolution No. 10 do pass. Senate Bill No. 9 as amended.
Respectfully submitted, ATKINSON, Chairman.
MoNDAY, JuLY 22, 1929.
343
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills No. 236-237 and 238 of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Respectfully submitted,
DoRsEY, Chairman.
Mr. Lawson of the 14th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 8.
Respectfully submitted,
LAwsoN; Chairman.
The following resolutions, favorably reported, were read the second time.
By Mr. Myrick of the 1st-
Senate Resolution No. 10. A resolution providing that certain moneys be received by the Governor of this State from the Treasurer of the United States.
344
JouRNAL oF THE SENATE,
By Mr. Myrick of the 1st-
Senate Resolution No. 9. A resolution requiring clerks of superior courts to keep a roster of men who served in World War.
The following bills, favorably reported, were read the second time:
By Mr. Myrick of the 1st-
Senate Bill No. 9. A bill to increase salary of adjutant general of Georgia.
By Messrs. Ramspeck and Weekes of DeKalb, and Mr. Jones of Burke:
House Bill No. 8. A bill to regulate the practice of law.
By Mr. Geer of Miller-
House Bill No. 236. A bill to repeal Act amending Act creating City Court of Miller County.
By Mr. Geer of Miller-
House Bill No. 237. A bill to amend Act amending Act creating City Court of Miller County.
By Mr. Geer of Miller-
House Bill No. 238. A bill to amend an Act creating City Court of Miller County.
The following local uncontested bills were read the third time and placed upon their passage:
By Mr. Chalker of Pulaski-
House Bill No. 151. A bill to repeal an Act amending the charter of the City of Hawkinsville.
MoNDAY, JuLY 22, 1929.
345
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dickey of Gordon-
House Bill No. 163. A bill to amend the charter of the City of Calhoun.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Chalker of Pulaski-
House Bill No. 177. A bill to provide a new government for the City of Hawkinsville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Chalker of Pulaski-
House Bill No. 178. A bill to amend the charter of the City of Hawkinsville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional
346
JouRNAL OF THE SENATE,
majority was passed.
By Mr. Geer of Miller-
House Bill No. 242. A bill to amend the charter of the City of Colquitt.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dickey of Gordon-
House Bill No. 345. A bill to amend the charter of the City of Calhoun.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Reid of Haralson-
House Bill No. 346. A bill to amend an act creating a new charter for the town of Waco.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Cochran and Mardre of ThomasHouse Bill No. 378. A bill to amend the charter of the
MoNDAY, JuLY 22, 1929.
347
City of Thomasville.
The report of the committee, which was favorable to ehe passage of the bill. was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Cochran and Mardre of Thomas-
House Bill No. 391. A bill to amend an Act establishing a new charter for the City of Thomasville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Watson of Paulding-
House Bill No. 405. A bill to amend an Act creating a new charter for the Town of Dallas.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Burch of Dodge-
House Bill No. 410. A bill to amend an Act creating a system of public schools for the City of Eastman.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
348
JouRNAL OF THE SENATE,
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Scruggs and Taylor of Washington-
House Bill No. 445. A bill to amend an Act authorizing the City of Sandersville to levy a school tax.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution was read and adopted.
By Mr. Lane of the 13th-
Senate Resolution No. 36. A resolution extending an invita tion to the National Editorial Association to hold its 1930 meeting in the State of Georgia.
In accordance with an unanimous consent agreement of July 16th, 1929, the following bill was taken up for consideration:
By Mr. Myrick of the 1stSenate Bill No. 79. A bill to provide for the establish-
ment and maintenance of public libraries in this State. The report of the committee, which was favorable to the
passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, the nays 0.
The bill having received the requisite constitutional majotity was passed.
In accordance with an unanimous consent agreement of
MoNDAY, JuLY 22, 1929.
349
July 19th, 1929, the following resolution was read the third time and placed upon its passage:
By Mr. Myrick of the 1st-
Senate resolution No. 30. A resolution providing for a "General Pulaski Sequi-Centennial Commission."
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 26, the nays 0.
The resolution having received the requisite constitutional majority was passed.
By unanimous consent agreement of July 19th, 1929, the following bill was read the third time and placed upon its passage.
By Mr. Tyson of the 2nd-
Senate Bill No. 51. A bill to require county school commissioners to publish monthly reports.
The report of the committee, which was favorable to the passage of the bill, was disagreed to and the bill was lost.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqlllstte constitutional majority the following bills and resolutions of the Senate, to-wit:
By Mr. Vandiviere of the 39th-
Senate Bill No. 103. A bilJ to be entitled an Act to amend the Act abolishing the office of County Treasurer of Cherokee County, and for other purposes.
350
JouRNAL OF THE SENATE,
By Mr. Vandiviere of the 39th-
Senate Bill No. 104. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Commissioner of Cherokee County, and for other purposes.
By Mr. Vandiviere of the 39th-
Senate Bill No. 106. A bill to be entitled an Act to amend the Act fixing the salary of Clerk of Commissioners of Roads and Revenues of Cherokee County, and for other purposes.
By Messrs. Terrell of the 36th, Lane of the 13th, Smith of the 25th, Sibley of the 19th and Lokey of the- 29th-
Senate Resolution No. 31. A resolution commending William W. Brewton for h.is publication of a certain booklet entitled The South Must Publish Her Own Books.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
_The House has passed by the requlSlte constitutional majority the following bills and resolutions of the House, to-wit:
By Messrs. Crawford, Davis and Lanham of Floyd-
House Bill No. 27. A bill to be entitled an Act to provide for instruction in the public schools for the encouragement of protection to birds, animals and other forms of wild life, and for other purposes.
By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 28. A bill to be entitled an Act to authorize the State Highway Board to improve the LaFayette Extension Road, and for other purposes.
MoNDAY, JuLY 22, 1929.
By Mr. Rabun of Jefferson-
House Bill No. 33. A bill to be entitled an Act to repeal the Act prohibiting fishing in certain counties, and for other purposes.
By Messrs. Martin and Mooty of Troup--
House Bill No. 44. A bill to be entitled an Act to amend the Code relative to licensing insurance companies, and for other purposes.
By Mr. Collier of Madison-
House Bill No. 109. A bill to be entitled an Act to amend the charter of Comer, Ga., and for other purposes.
By Mr. Cochran of Thomas-
House Bill No. 212. A bill to be entitled an Act to amend the charter of the City of Thomasville, and for other purposes.
By Mr. Colson of Glynn-
House Bill No. 276. A bill to be entitled an Act to authorize the City of Brunswick to establish an airport, and for other purposes.
By Messrs. Scruggs and Taylor of vVashington-
House Bill No. 461. A bill to be entitled an Act to create a Board of Water Commissioners for the City of Tennille, and for other purposes.
By Messrs. Beaton and Stanton of Ware-
House Bill No. 468. A bill to be entitled an Act to amend the Act providing a new charter for the City of Waycross, and for other purposes.
352
JouRNAL OF THE SENATE,
By Messrs. Beaton and Stanton of Ware-
House Bill No. 469. A bill to be entitled an Act to amend the charter of the City of Waycross, and for other purposes.
By Messrs. Cail and Powell of Screven-
House Bill No. 483. A bill to be entitled an Act to amend the Act creating the City Court of Sylvania, and for other purposes.
By Messrs. Nottingham and Gillen of Bibb-
House Bill No. 487. A bill to be entitled an Act to provide that certain counties may grant pensions to employees, and for other purposes.
By Mr. Nottingham of Bibb-
House Bill No. 489. A bill to be entitled an Act to amend the Act establishing a charter for the City of Macon, and for other purposes.
By Mr. Kimbrough of HarrisHouse Resolution No. 9. A resolution to reimburse
J. H. Carpenter for bail.
By Mr. Stewart of Atkinson-
House Bill No. 481. A bill to be entitled an Act to abolish the Board of Commissioners for Atkinson County, and for other purposes.
By Mr. Stewart of Atkinson-
House Bill No. 482.: A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Atkinson County, and for other purposes.
MoNDAY, JuLY 22, 1929.
353
The following House resolution was read the first time and referred to Committee:
By Mr. Kimbrough of HarrisHouse Resolution ~o. 9. A resolution to reimburse
J. H. Carpenter for bail.
Referred to Commi.ttee on Appropriations.
The following bills of the House were read the first time and referred to the Committees:
By Floyd Delegation-
House Bill No. 27. A bill to provide for instruction in the public schools for the encouragement of protection to birds, etc.
Referred to Committee on Education.
By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 28. A bill to authorize the State Highway Board to improve LaFayette Extension Road.
Referred to Committee on Highways.
By Mr. Rabun of Jefferson-
House Bill No. 33. A bill to repeal Act prohibiting fishing in certain counties.
Referred to Committee on Game and Fish.
By Messrs. Martin and Mooty of Troup-
House Bill No. 44. A bill to amend Code relative to licensing insurance companies.
Referred to Committee on Insurance.
354
JouRNAL OF THE SENATE,
By Mr. Collier of Madison-
House Bill No. 109. A bill to amend the charter of the Town of Comer.
Referred to Committee on Corporations.
By Mr. Cochran of Thomas-
House Bill No. 212. A bill to amend the charter of the City of Thomasville.
Referred to Committee on Corporations.
By Mr. Colson of Glynn-
House Bill No. 276. A bill to authorize the City of Brunswick to establish an airport.
Referred to Committee on Counties and County Matters.
By Messrs. Scruggs and Taylor of WashingtonHouse Bill No. 461. A bill to create a Board of Water
Commissioners for Tennille. Referred to Committee on Corporations.
By Messrs. Beaton and Stanton of WareHouse Bill No. 468. A bill to amend an Act providing
a new charter for the City of Waycross. Referred to Committee on Corporations.
By Messrs. Beaton and Stanton of WareHouse Bill No. 469. A bill to amend the charter of the
City of Waycross. Referred to Committee on Corporations.
By Mr. Stewart of AtkinsonHouse Bill No. 481. A bill to abolish Board of Com-
MoNDAY, JuLY 22, 1929.
355
missioners of Atkinson County. Referred to Committee on Counties and County Matters.
By Mr. Stewart of Atkinson-
House Bill No. 482. A bill to create a Board of Commissioners of Roads and Revenues in and for the County d Atkinson.
Referred to Committee on Counties and County Matters.
By Messrs. Cail and Powell of ScrevenHouse Bill No. 483. A bill to amend an Act creatmg
the City of Sylvania. Referred to Committee on Special Judiciary.
By Bibb DelegationHouse Bill No. 187. A bill to provide that certam
counties may grant pensions to their employees. Referred to Committees on Counties and County JV1atters.
By Mr. Nottingham of Bibb-
House Bill Ko. 489. A. bill to amend an :-\ct establishing the charter for the City of Macon.
Referred to Committee on Municipal Corporations.
In accordance with an unanimous consent agreement of July 19th, 1929, the following bill was taken up for consideration:
By Mr. Zellars of the 30th-
Senate Bill No. 52. A bill to provide that suits to reform deeds may be brought by re-maindermen.
Mr. Williams of the 16th asked unanimous consent that further consideration of the bill be postponed until Wednes-
356
JOURNAL OF THE SENATE,
day morning, next, immediately after the period of unanimous consents, and the consent was granted.
The following bill was read the third time and placed upon its passage:
By Mr. Myrick of the 1st-
Senate Bill No. 8. A bill to allow railway companies to em ploy special officers.
Mr. Dorsey of the 48th moved that the Senate do now adjourn, and the motion prevailed.
Mr. Myrick asked unanimous consent that Senate Bill No. 8 be recommitted to the Committee on Railroads, and the consent was gran ted.
Mr. Vaughn of the 34th asked unanimous consent that Senate Bill No. 66 be withdrawn from the further consideration of the Senate, and the consent was granted.
The president declared the Senate adjourned until tomorrow marring at 10:00 A. M.
TuEsDAY, JuLY 23, 1929.
357
SENATE CHAMBER, ATLANTA, GA.
TUESDAY, JuLY 23, 1929.
The Senate met pursuant to adjournment at 10:00 A. M. this day, and was called to order by the President.
Prayer was offered by the chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.
The following bills were in traduced, read the first time and referred to committees:
By Mr. Williams of the 16thSenate Bill No. 182. A bill to provide for a special com-
mission to investigate the regulation of public utilities.
Referred to Committee on Municipal Government.
By Mr. Ham of the 6th-
Senate Bill No. 183. A bill to amend an Act incorporating the Town of Hahira to allow Mayor and Council to increa~e tax to $2.00 per hundred.
Ref~red to Committee on Corporations.
By Mr. Vaughn (by request)-
Senate Bill No. 184. A bill to provide for registration of bottles, boxes, crates, siphons, etc.
Referred to Committee on Manufactures.
358
JOURNAL OF THE SENATE,
By Mr. Tyson of the 2nd-
Senate Bill No. 185. A bill to create and establish a district agricultural school for Southeast Georgia for the colored.
Referred to Committee on University of Georgia.
By Mr. Garrison of the 33rd-
Senate Bill No. 186. A bill to provide for one day's rest in seven, and providing a penalty for same.
Referred to Committee on Temperance.
By Mr. Zellars of the 3rdSenate Bill No. 187. A bill to define the age of consent. Referred to Committee on General Judiciary No. 1.
By Mr. Mathews of the 23rd-
Senate Bill No. 188. A bill to amend an Act regulating the Military Forces of Georgia.
Referred to Committee on Military Affairs.
By Mr. Mathews of the 23rd-
Senate Bill No. 189. A bill to amend an Act organizing the Military Forces of Georgia.
Referred to Committee on Military Affairs.
By Mr. Tyson of the 2ndSenate Bill No. 190. A bill to amend the charter of the
City of Darien. Referred to Committee on Municipal Government.
By Mr. Tyson of the 2ndSenate Bill No. 191. A bill to amend an Act to provide
TuEsDAY, JuLY 23, 1929.
359
a new charter of the City of Darien. Referred to Committee on Municipal Government.
By Mr. Pitn.er of the 50th-
Senate Resolution No. 37. A resolution giving assent of the State of Georgia to Act of Congress providing for cooperative agricultural work.
Referred to Committee on University of Georgia and its Branches.
Mr. Lawson of the 14th asked unanimous consent that House Bill No. 8 be withdrawn from the Senate and recommitted to the Committee on General Judiciary No. 2.
Mr. Brewer of the 46th objected.
Mr. Davis of the 26th District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 407. House Bill No. 181. House BiU No. 367. House Bill No. 47. House Bill No. 351. House Bill No. 332. House Bill No. 489.
360
JOURNAL OF THE SENATE,
House Bill No. 46. House Bill No. 189. House Bill No. 386. House Bill No. 48. House Bill No. 399. House Bill No. 427. House Bill No. 202. House Bill No. 45. House Bill No. 412. House Bill No. 179.
Respectfully submitted, DAVIS, Chairman.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consid. eration the following bills of the House, and has instructec me, as chairman, to report the same back to the Senate wid the recommendation that the same do pass:
House Bill No. 109. House Bill No. 212. House Bill No. 461. House Bill No. 468. House Bill No. 469.
Respectfully submitted, LANE, Chairman.
TuEsDAY, JuLY 23, 1929.
361
Mr. Davis of the 21st District, Chairman of the Committee on Public Libraries submitted the following report:
Mr. President:
Your Committee on Public Libraries has had under consideration the following resolution of the House, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 39.
Respectfully submitted,
DAVIS, Vice-Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judi_ciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that same do pass:
House Bill No. 51. House Bill No. 62. House Bill No. 154. House Bill No. 169. House Bill No. 172. House Bill No. 181. House Bill No. 221. House Bill No. 419. House Bill No. 420.
Respectfully submitted,
DoRSEY, Chairman.
362
JouRNAL OF THE SENATE,
Mr. Ford of the lOth District, Chairman of the Committee on Uniform Laws, submitted the following report:
Mr. President:
Your Committee on Uniform Laws has had under consideration the following bill of the Senate, and has instructed me, as chairman,to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 173, as amended by the committee.
Respectfully submitted,
FoRo, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 58.
House Bill No. 103.
House Bill No. 426.
Respectfully submitted,
DoRSEY, Chairman.
Mr. Williams of the 16th District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish has had under consideration the following bill of the House, and has instructed me, as chairman, to report the same back to the Senate with
TuEsDAY, JuLY 23, 1929.
363
the recommendation that the same do pass: House Bill No. 112. Respectfully submitted, WILLIAMS, Chairman.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House, and has instructed me, as chairman, to.report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 82. House Bill No. 89. House Bill No. 119. House Bill No. 139. House Bill No. 276. House Bill No. 296. House Bill No. 304. House Bill No. 305. House Bill No. 339. House Bill No. 348. House Bill No. 371. House Bill No. 422. House Bill No. 432. House Bill No. 484. House Bill No. 487.
Respectfully submitted,
GooDE, Chairman.
364
JOURNAL OF THE SENATE,
Mr. Vandiviere of the 39th District, Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President:
Your Committee on Privileges and Elections has had under consideration the following bills of the House and Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
By Neill of the 24thSenate Bill No. 76, as amended.
By Felker and Chick of WaltonHouse Bill No. 165. Respectfully submitted, VANDIVIERE, Chairman.
Mr. Hyman of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 has""had under consideration the following bills and resolution of the - House and Senate, and has instructed me, as ch~irman, to report the same back to the Senate with recommendations that:
Senate Bill No. 147 do not pass. Senate Bill No. 89 do not pass. Senate Resolution No. 30 do not pass. Senate B1E No. 119 do pass.
TUESDAY, JULY 23, 1929.
365
Senate Bill No. 168 do pass. Senate Bill No. 167 do pass. Senate Bill No. 158 do pass. House Bill No. 24 do pass. House Bill No. 23 do pass.
Respectfully submitted, HYMAN, Chairman.
Mr. Brewer of the 46th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President:
Your Committee on State of the Republic has had under c.onsideration the following bills and resolutions of the House and Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution ~o. 29.
House Bill No. 2.
House Bill No. 15.
House Resolution No. 31.
House Resolution No. 40.
Respectfully submitted,
BREWER, Chairman.
The following Senate resolutions and bills, favorably reported, were read the second time, to-wit:
By Mr. Vaughn of the 34thSenate Resolution No. 29. A resolution declaring the
366
JOURNAL OF THE SENATE,
Brown Thrasher the official Bird of Georgia.
By Mr. Neill of the 24th-
Senate Bill No. 76. A bill to provide for nominations by political parties in this State of candidates for national parties.
By Mr. Terrell of the 36th-
Senate Bill No. 158. A bill to amend an Act fixing salary of Director of Bureau of Markets.
By Mr. Terrell of the 36th-
Senate Bill No. 167. A bill to amend Code to provide that in cases when only two justices preside and disagree as to reversal, the lower court shall stand affirmed.
By Mr. Terrell of the 36thSenate Bill No. 168. A bill to provide that in criminal
cases where the justices of Supreme Court are divided, case shall be reversed.
By Messr~. Vaughn of the 34th and Others-
Senate Bill No. 173. A bill to amend the dentistry laws of Georgia.
By Mr. King of the 11thSenate Bill No. 181. A bill to amend an Act establish-
a charter of the City of Fort Gaines.
The following House resolutions and bills, favorably reported, were read the second time:
By Mr. Colson of Glynn:House Resolution No. 31. A resolution to correct the
srelling of Jekyll Island.
TUESDAY, JULY 23, 1929.
367
By Messrs. Boykin and Henderson of Carroll-
House Resolution No. 39. A resolution requiring Sate Librarian to furnish certain books to Carroll County.
By Messrs. Awtrey and Pace of Cobb-
House Resolution No. 40. A resolution to change the name of Grassy Mountain to Mount Oglethorpe.
By Mr. Allen of Baldwin-
House Bill No. 2. A bill to change the name of Georgia State Sanitarium.
By Chatham Delegation-
House Bill No. 15. A bill to declare Armistice Day a legal holiday.
By Messrs. Weekes and Ramspeck of DeKalb-
House Bill No. 23. A bill to provide manner and form of recording decrees, deeds, etc.
By Mr. Weekes of DeKalb-
House Bill No. 24. A bill to make it unlawful to carry on business under an assumed name.
By Mr. Hightower of Upson-
House Bill No. 45. A bill to amend an Act incorporating the City of Thomaston.
By Mr. Hightower of Upson-
House Bill No. 46. A bill to amend Acts incorporating the Village of East Thomaston.
368
JOURNAL OF THE SENATE,
By Mr. Hightower of Upson-
House Bill No. 47. A bill to incorporate the City of Silvertown.
By Mr. Hightower of Upson-
House Bilf No. 48. A bill to amend the charter of the City of Thomaston.
By Mr. Bennett of Wayne-
House Bill No. 51. A bill to amend an Act establishing the City Court of Jesup.
By Mer.srs. Byars of Spalding, Culpepper of Fayette and Hightower of Upson-
House Bill No. 58. A bill to fix regular terms and times for holding same of Griffin Judicial Circuit.
By Messrs. Boykin and Henderson of Carroll-
House Bill No. 62. A bill to amend an Act establishing the City Court of City of Carrollton.
By Mr. Weeks of Columbia-
House Bill No. 82. A bill to amend an Act creating a Board ur Commissioners of Columbia County.
By Mr. Fagan of Peach-
House Bill No. 89. A bill to create a Board of Commissioners of Roads and Revenues for Peach County.
By Mr. Powell of Emanuel-
House Bill No. 103. A bi11 to amend an Act creating the City Court of Swainsboro.
TUESDAY, JuLY 23, 1929.
369
By Mr. Collier of Madison-
House Bill No. 109. A bill to amend the charter of Comer.
By Messrs. Thomason and Crowe of Worth-
House Bill No. 112. A hili to provide for protecting of fur bearing animals.
By Messrs. Holt and McKelvey of Gwinnett-
House Bill No. 119. A bill to abolish the offices of Tax Collector and Tax Receiver and create office of Tax Commissioner in Gwinnett County.
By Mr. Pace of Cobb-
House Bill No. 139. A bill to amend an Act fixing salary of Treasurer of Cobb County.
By Mr. Cooper of Bibb-
House Bill No. 154. A bill to amend an Act creating the City Court of Macon.
By Messrs. Felker and Chick of Walton-
House Bill No. 165. A bill to provide for election of members of the General Assembly in certain counties.
By Messrs. Star ton and Beaton of Ware-
House Bill No. 169. A bill to amend an Act establishing the City Court of Waycross.
By Messrs. Beaton and Stanton of Ware-
House Bill No. 172. A bill to amend an Act establishing the City Court of Waycross.
370
JOURNAL OF THE SENATE,
By Mr. Cozart of Wilkes-
House Bill No. 179. A bill to provide a new charter for the City of Washington.
By Mr. Hubbard of Wilkinson-
House Bill No. 181. A bill to amend the charter of the Town of Toomsboro.
By Mr. Beasley of Ta ttnall-
House Bill No. 189. A bill to amend the charter of the City of Manassas.
By Mr. Nelson of Macon-
House Bill No. 202. A bill to amend the charter of the City of Montezuma.
By Mr. Cochran of Thomas-
House Bill No. 212. A bill to amend the charter of the City of Thomasville.
By Muscogee Delegation-
House Bill No. 221. A bill to regulate salaries of stenographic reporters of certain judicial circuits of Georgia.
By Mr. Colson of Glynn-
House Bill "No. 276. A bill to authorize the City of Brunswick and County of Glynn to establish and maintain an airport.
By Mr. Byars of Spalding-
House Bill No. 296. A bill to fix the compensation of the Commissioners of Roads and Revenues of Spalding County.
TuEsDAY, JuLY 23, 1929.
371
By Mr. Hardin of Whitfield-
House Bill No. 304. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Whitfield County.
By Mr. Hardin of Whitfield-
House Bill No. 305. A bill to create the office cf Commissioner of Roads and Revenues in Whitfield County.
By Mr. Huddleston of Meriwether-
Hause Bill No. 332. A bill to amend the charter of the Town of Luthersville.
By Bibb Delegation-
House Bill No. 339. A bill to provide for office expenses of clerk and other officers of certain counties.
By Mr. Tippins of Evans-
House Bill No. 348. A bill to amend an Act creating a Board of Commissioners of Evans County.
By Mr. Reid of Haralson-
House Bill No. 351. A bill to amend the charter of the City of Tallapoosa.
By Richmond Delegation-
House Bill No. 367. A bill to reduce representation m the City Council of Augusta.
By Mr. Arnold of Henry-
House Bill No. 371. A bill to amend an Act abolishing offices of Tax Collector and Tax Receiver for Henry County.
372
JOURNAL OF THE SENATE,
By Miss Kempton and Mr. Brown of Fulton-
House Bill No. 386. A bill to amend an Act establishing a new charter for Atlanta.
By Mr. Kimbrough of Harris-
House Bill No. 399. A bill to authorize the Town of Chipley to transfer certain monies.
By Mr. Patten of Lanier-
Hause Bill No. 412. A bill to amend an Act changing the name of the Town of Milltown to Lakeland.
By Mr. Edmondson of Chattooga-
House Bill No. 419. A bill to abolish the City Court of Summerville.
By Mr. Edmondson of ChattoogaHouse Bill No. 420. A bill to provide for holding three
terms of Superior Court of Chattooga County.
By Messrs. Adams and Hewell of ElbertHouse Bill No. 422. A bill to amend an Act creating the
office of Tax Commissioner of Elbert County.
By Mr. Wind of GradyHouse Bill No. 426. A bill to amend an Act establishing
the City Court of Cairo.
By Mr. Wind of GradyHouse Bill No. 427. A bill to amend an Act mcorpo-
rating the Town of Whigham.
By Richmond DelegationHouse Bill No. 432. A bill to provide for the payment
TuEsDAY, JuLY 23, 1929.
373
of county treasurer in certain counties.
By Messrs. Scruggs and Taylor of Washington-
House Bill No. 461. A bill to create a Board of Water Commissioners for the City of Tennille.
By Messrs. Beaton and Stanton of Ware-
House Bill No. 468. A bill to amend an Act providing a new charter for the City of Waycross.
By Messrs. Beaton and Stanton of Ware-
House Bill No. 469. A bill to amend the charter of the City of Waycross.
By Messrs. Powell and Cail of Screven-
House Bill No. 484. A bill to amend an Act creating the office of County Commissioner of Screven County.
By Messrs. Nottingham and Gillen of Bibb-
House Bill No. 487. A bill to provide that certain counties may grant pensions to employees.
By Mr. Nottingham of Bibb-
House Bill No. 489. A bill to amend an Act establishing a charter for Macon.
By unanimous consent the following bill was withdrawn from the committee, read the second time and recommitted:
By Mr. Whaley of the 35th-
Senate Bill No. 176. A bill to abolish the office of tax commissioner and the office of commissioner of revenue.
The following message was received from the House through Mr. Moore, the Clerk thereof:
374
JOURNAL OF THE SENATE,
Mr. President:
The House has adopted by the requtstte constitutional majority the following resolution of the Senate, to-wit:
By Mr. Lane of the 13th--
Senate Resolution No. 36. A resolution extending an invitation to the National Editorial Association to come to Georgia.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requtstte constitutional majority the following bills of the House, to-wit:
By Messrs. Moore and Parker of Colquitt-
House Bill No. 19. A bill to be entitled an Act to amend the Act fixing the salary of the Treasurer of Colquitt County, and other purposes.
By Messrs. Boykin and Henderson of Carroll-
House Bill No. 63. A bill to be entitled an Act to amend the Act establishing the Commissioner of Roads and Revenues of Carroll County, and for other purposes.
Mr. Ross of Appling-
House Bill No. 97. A bill to be entitled an Act to authorize tax collectors of certain counties to collect tax fi. fas., and for other purposes.
By Mr. Ross of Appling-
House Bill No. 99. A bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and
TuEsDAY, JuLY 23, 1929.
375
Revenues for Appling County, and for other purposes.
By Mr. Phillips of Tift-
House Bill No. 271. A bill to be entitled an Act to amend the Act abolishing the office of Tax Receiver and Tax Collector of Tift County, and for other purposes.
By Mr. Phillips of Tift-
House Bill No. 272. A bill to be entitled an Act to authorize tax commissioners in certain counties to collect taxes due the State, and for other purposes.
By Mr. Thrash of Coffee-
House Bill No. 381. A bill to be entitled an Act to amend the Act establishing the City Court of Douglas, and for other purposes.
By Messrs. Brannen and Cone of Bulloch-
Hause Bill No. 444. A bill to be entitled an Act to repeal the Act amending Section 1225 of the Civil Code, and for other purposes.
By Messrs. Stanton and Beaton of ware-
House Bill No. 467. A bill to be entitled an Act to amend the Act creating the office of Commissioner of Roads and Revenues of vVare County, and for other purposes.
By Mr. Edmondson of Chattooga-
House Bill No. 495. A bill to be entitled an Act to repeal the Act incorporating the Menlo School District in Chattooga County, and for other purposes.
By Messrs. Brown and Still and Miss Kempton of Fulton House Bill No. 523. A bill to be entitled an Act to au-
376
JOURNAL OF THE SENATE,
thorize boards of education in certain counties to create a pension fund for teachers, and for other purposes.
By Miss Kempton and Messrs. Brown and Still of Fulton-
House Bill No. 524. A bill to be entitled an Act to authorize boards of education of certain counties to insure the lives and health of their employees, and for other purposes. By unanimous consent the following bills were withdrawn from the committee, read the second time and recommitted:
By Mr. Stewart of Atkinson-
House Bill No. 481. A bill to abolish the Board of Commissioners of Roads and Revenues in Atkinson County.
By Mr. Stewart of Atkinson-
House Bill No. 482. A bill to create a Board of Commissioners of Atkinson County.
The following bill was read the third time and placed upon its passage:
By Mr. Smith of the 25th-
Senate Bill No. 149. A bill to amend the charter of the Town of Talboton.
The Committee on Municipal Government offered the following substitute, to-wit:
A BILL.
To be entitled an Act to amend an Act entitled an Act to repeal the present charter of the Town of Talbotton; to provide a new charter for said town; to define its limits; to provide a mayor for same; to define his powers and duties; to provide a clerk, marshal, night marshal, and other necessary officers for said town; to define their
TUESDAY, JULY 23, 1929.
377
powers and duties; to provide how the revenues of said town shall be raised; to enable said town to levy special license taxes; to provide for the appointment of tax assessors; to enable said town to issue bonds; to define the power and authority of said town as a municipality; to provide for the maintenance of streets, cemeteries and public schools; to provide water and lights for said town; to provide for the registration of voters in said town; to provide for election of officers; to regulate any and all businesses of any kind or nature within said town, and for other purposes, approved August 20, 1913, by striking from Section 22 of said Act in line 5 on page 1188 of the Acts of 1913 the words "the rate provided by law in Section 864 of Civil Code of 1911, exclusive of taxes for public schools authorized by law", and inserting in lieu thereof the words "$1.00 on the hundred dollars", so as to make the tax rate of said town $1.00 on the hundred dollars; and to provide for wbmitting said amendment to the qualified voters of said town, 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 entitled an Act to repeal the present charter of the Town of Talbotton; to provide a new charter for said town; to define its limits; to provide a mayor for same; to define his powers and duties; to provide a clerk, marshal, night marshal, and other necessary officers for said town; to define their powers and duties; to provide how the revenues of said town shall be raised; to enable said town to levy special taxes; to provide for the appointment of tax assessors; to enable said town to issue bonds; to define the power and authority of said town as a municipality; to provide for the maintenance of streets, cemeteries and public schools; to provide water and lights for said town; to provide for election of officers; to regulate any and all businesses of any kind or nature within said town, and for other purposes, approved
378
JOURNAL OF THE SENATE,
August 20, 1913, be amended by striking from Section 22 of said Act in line 5 on page 1188 of the Acts of 1913, the words "the rate provided by law in Section 864 of the Civil Code of 1911, exclusive of taxes for public schools authorized by law", and inserting in lieu thereof the words" $1.00 on the hundred dollars", so that said Section when amended shall read as follows:
"Section 22. Be it further enacted that for the purpose of raising revenues for the support and maintenance of the Town of Talbotton and for keeping the streets and sidewalks in repair, and for other lawful purposes, the Mayor and Council of said Town shall have full power and authority to assess, levy and collect ad valorem tax on all real and personal property, and every other species of property in said town or owned or held therein subJect to taxation; provided no tax shall be levied on any real estate used for farming purposes in excess of five acres in said town. Said tax not to exceed $1.00 on the hundred dollars. The advalorem tax above authorized for general purposes and the public school tax shall be levied under separate ordinances, each specifying the purpose for which levied and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. The said mayor and council shall have power and authority to provide by ordinance for the returns and assessments of all taxable property in said town, and to provide for neglect or refusal to comply with the same, as elsewhere provided in this Act. Whenever the amounts raised by the above means are insufficient for the purposes for which they are raised, additional amounts may be raised as provided in Sections 867, 569, 870 and 871 of Civil Code of Georgia, 1911, and for the purposes specified in those sections. Those sections being made a part of this charter whenever necessary to proceed under them."
Sec. 2. This Act shall not go into effect until after it is submitted to the qualified voters of said town by the Mayor and Council and be ratified by two thirds of those voting
TuEsDAY, JuLY 23, 1929.
379
in said election, said two thirds to be a maJonty of the registered qualified voters of said Town of Talbotton. The notice calling said election shall be published twice in succession in the Talbotton New Era before the day of said election.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
The following House bills were read the third time and placed upon their passage, to-wit:
By Miss Kempton and Mr. Still of Fulton-
House Bill No. 101. A bill to amend an Act authorizing certain counties to prescribe term and period of fiscal years.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. McKelvey and Holt of Gwinnett-
House Bill No. 407. A bill to amend an Act mcorporating the Town of Dacula.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
380
JOURNAL OF THE SENATE,
By Mr. Peterson of Montgomery-
House Bill No. 414. A bill to create a new charter for the Town of Tarrytown.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
The following House bills were read the first time and referred to committees.
By Messrs. Moore and Parker of Colquitt-
House Bill No. 19. A bill to amend an Act to fix the salary of the Treasurer of Colquitt County.
Referred to Committee on Counties and County Matters.
By Messrs. Boykin and Henderson of Carroll-
House Bill No. 63. A bill to amend an Act establishing a Commissioner of Roads and Revenues of Carroll County.
Referred to Committee on Counties and County Matters.
By Mr. Ross of Appling-
House Bill No. 97. A bill to vest tax collectors of certain counties power of sheriffs relative to collecting tax fi. fas.
Referred to Committee on Finance.
By Mr. Ross of Appling-
House Bill No. 99. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Appling County.
Referred to Committee on Counties and County Matters.
TuEsDAY, JuLY 23, 1929.
381
By Mr. Phillips of Tift-
House Bill No. 271. A bill to amend an Act abolishing the office of Tax Collector of Tift County.
Referred to Committee on Counties and County Matters.
By Mr. Phillips of Tift-
House Bill No. 272. A bill to provide that certain tax commissioners shall be ex officio sheriffs for the purpose of collecting taxes.
Referred to Committee on Finance.
By Mr. Thrash of Coffee-
House Bill No. 381. A bill to amend an Act establishing the City Court of Douglas.
Referred to Committee on Special Judiciary.
By Messrs. Brannen and Cone of Bulloch-
Hause Bill No. 444. A bill to repeal code section relative to tax collectors.
Referred to Committee on Finance.
By Messrs. Stanton and Beaton of Ware-
House Bill No. 467. A bill to amend an Act creating the office of Commissioner of Roads and Revenues of "Tare County.
By Mr. Edmondson of Chattooga-
House Bill No. 495. A bill to repeal the Act incorporating Menlo School District in Chattooga County.
Referred to Committee on Education.
By Fulton DelegationHouse Bill No. 523. A bill to authorize the boards of
382
JouRNAL OF THE SENATE,
education of certain counties to grant pensions. Referred to Committee on Education.
By Fulton Delegation-
House Bill No. 524. A bill to authorize the boards of education of certain counties to insure the lives and health of their employees.
Referred to Committee on Education.
Mr. Lawson of the 14th District asked unanimous consent that the following bill be withdrawn from the Senate calendar and recommitted to the Committee on General Judiciary No. 2.
By Messrs. Weekes and Ram~peck of DeKalb and others-
House Bill No. 8. A bill to regulate the practice of law.
The consent was granted.
Mr. Garrison of the 33rd District asked unanimous consent that Senate Bill No. 186 be withdrawn from the Committee on Temperance and recommitted to the Committee on Commerce and Labor, and the consent was granted.
Mr. Platt of the 7th District asked unanimous consent that the following bill be withdrawn from the committee, read the second time and recommitted:
By Messrs. Whaley of the 35th and Redwine of the 26th-
Senate Bill No. 177. A bill to create a commission for the operation of the W. & A. Railroad.
The consent was granted.
The following resolution was read the third time and placed upon its passage:
TuEsDAY, juLY 23, 1929.
383
By Mr. Myrick of the 1st-
Senate Resolution No. 9. A resolution providing for a record by Superior Court Clerks of World War Veterans.
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 28, nays 0.
The resolution having received the requisite constitutional majority was passed.
The following bill was read the third time and placed
upon its passage:
By Messrs. Smith of the 25th, Ford of the 10th and Platt of the 7th-
Senate Bill No. 56. A bill to amend the Workmen's Compensation Act, so as to provide medical, surgical and hospital expenses in hernia cases.
Mr. Myrick of the 1st District moved to amend the bill by adding an entirely new section to said bill, to be known as Section 4, as follows:
"Section 4. By adding the following words at the end of Section 61 of the Georgia Workmen's Compensation Act, 'and the Commission or Court may assess also the reasonable attorney's fees of the opposing party against the party bringing or defending the proceedings without reasonable ground,' so that said section when amended shall read as follows:
''Section 61. Be it further enacted, That if the Commission or any Court before whom any proceedings are brought under this Act shall determine that such proceedings have been brought, prosecuted or defended without reasonable ground, it may assess the whole cost of the proceedings upon the party who has brought or defended them and the Commission or Court may assess also the reasonable
384
JouRNAL oF THE SENATE,
attorney's fee of the opposing party against the party bringing or defending the proceedings without reasonable ground."
The amendment was adopted.
Mr. King moved to amend the bill as follows:
By striking the word "five'' in the 5th line of Section 2 and by substituting therefore the word ''ten''.
Also amend by striking the word'' five'' in line nine (9) of Section 15 and by inserting in lieu therefor the word'' ten''.
The amendment was adopted.
Mr. Tyson of the 2nd District moved to amend the bill as follows:
"Amend by striking the words 'counties and municipalities' wherever they appear in said bill."
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 Mr. Smith of the 25th District called for the ayes and nays, and thecall was sustained.
The roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. 0. Atkinson, B. A. Barrett, J. B. R. Dame, George M.
Davis, J. s.
Dorsey, J. H.
Ford, P. B. Garrison, J. M:. Ham,T.O. Lokey, C. E. MYrick, Shelb;v Nichols, A. J. Platt, Wm. H. Sibley, J. Hart
Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. 0. Vaughn, 0. R. Williams, Felix 0. Zellars, B. B.
Those voting m the negative were Messrs.:
Cook, Jno. M. Fletcher, J. M.
Harris, B. F.
Kidd, w. J.
Lawson, H. F.
Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, 0. M. Paulk, R.
Pitner, J. M. Rawls, H. 0. Redwine, Ohas. D. Whaley, W. V.
TuESDAY, JuLY 23, 1929.
385
On the passage of the bill the ayes were 23, nays 14.
The bill having failed to receive the requisite constitutional majority was therefore lost.
The following message was received from His Excellency, the Governor, through Mr. Wilson, the Secretary thereof:
Mr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication to which he respectfully requests your attention in executive session.
At 11:55 o'clock, upon motion of Mr. Myrick of the 1st District, the Senate went into executive session.
The executive session was dissolved at 12:00 o'clock.
The following message was received from His Excellency, the Governor, through Mr. Wilson, the Secretary thereof:
Mr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication in writing to which he respectfully requests the attention of the Senate in executive session.
By unanimous consent the Senate went into executiv~ session at 12:01 o'clock.
The executive session was dissolved at 12:05 o'clock, P.M.
Mr. Mathews of the 23rd District moved that the Senate do now adjourn, and the motion prevailed.
Mr. Peek of the 38th District requested leave of absence from tomorrow's session, and the leave was granted.
The President declared the Senate adjourned until tomorrow morning at 10:00 o'clock.
386
JouRNAL oF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, JULY 24, 1929.
The Senate met pursuant to adjournment at 10:00 A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Mr. Smith of the 25th gave notice that at the proper time he would move that the Senate reconsider its action on yesterday of defeating Senate Bill No. 56.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Myrick of the 1st, at 10:03 A. M. moved that the Senate go into executive session, and ~he motion prevailed.
At 11:10 the executive session was dissolved.
The following message was received from His Excellency, the Governor, through Mr. \Vilson, the Secretary thereof:
Mr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication in writing.
Upon motion of Mr. Zellars the Senate went into executive session at 11:12.
The executive session was dissolved at 12:15 P. M.
The following bills were in traduced, read the first time, and referred to Committees:
WEDNESDAY, JULY 24, 1929.
387
By Mr. Wright of the 42nd-
Senate Bill No. 192. A bill to amend an Act creating a new charter and Municipal Government of Rome.
Referred to Committee on General Judiciary No. 1.
By Mr. King of the 11th-
Senate Bill No. 193. A bill to abolish the Board of Public Welfare.
Referred to Committee on State of the Republic.
By Messrs. Myrick, Lawson and Terrell-
Senate Bill No. 194. A bill to repeal an Act creating an Wdustrial Commission in Georgia and known as Georgia Inorkmen's Compensation Act.
Referred to Committee on General Judiciary No. 2.
By Mr. Ham of the 6thSenate Bill No. 195. A bill incorporating the City of
Valdosta. Referred to Committee on Municipal Government.
By Mr. Ham of the 6thSenate Bill No. 196. A bill to authorize the City of
Valdosta to transfer to general fund certain sum of money derived from sale by bonds for electric plant.
Referred to Committee on Municipal Government.
By Mr. Lane of the 13th-
Senate Bill No. 197. A bill to change from fee to salary system in certain counties in Georgia having a population
f of not less than 25,000 and not more than 44,000 according
to U Census of 1920.
f
388
JouRNAL OF THE SENATE,
Referred to Committee on Counties and County Matters. By Mr. Tyson of the 2nd-
Senate Bill No. 198. A bill to create and establish a City Court of Darien in Mcintosh County.
Referred to Committee on Special Judiciary.
By Mr, Williams of the 16th-
Senate Bill No. 199. A bill to amend Constitution so as to exempt from taxation of all kinds of furniture and fixtures of all residents of State.
Referred to Committee on Amendments to the Constitution.
By Mr. Williams of the 16th-
Senate Bill No. 200. A bill to amend the Constitution of Georgia in reference to Homestead and Exemption.
Referred to Committee on Amendments to Constitution.
By Mr. Williams of the 16th-
Senate Bill No. 201. A bill to repeal Section 3413 of Civil Code of 1910 giving the head of families et al to waive the right of homestead exemptions.
Referred to Committee on General Judiciary No. 1.
By Mr. Williams of the 16th-
Senate Bill No. 202. A bill to provide method for selecting official organ for publication of sheriff's sales and other official or legal advertising, etc.
Referred to Committee on General Judiciary No. 1.
The following message was received from the House through Mr. Moore, the Clerk thereof:
WEDNESDAY, }ULY 24, 1929.
389
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House, to-wit:
By .Mr. Felker of Walton-
House Bill No. 120. A bill to be entitled an Act to repeal the Act providing for holding four terms a year of the Superior Court of Walton County, and for other purposes.
By Messrs. .McKoy and Kennard of Coweta-
House Bill No. 300. A bill to be entitled an Act to amend the charter of the City of Newnan, and for other purposes.
By .Messrs. .McKoy and Kennard of Coweta-
House Bill No. 301. A bill to be entitled an Act to amend the charter of the City of Newnan, and for other purposes.
By .Messrs. .McKoy and Kennard of Coweta-
House Bill No. 302. A bill to be entitled an Act to amend the Act creating a new charter for the City of Newnan, and for other purposes.
By .Messrs. .Martin and Mooty of Troup-
House Bill No. 521. A bill to be entitled an Act to change the time of holding Superior Court in Troup County and for other purposes.
By .Mr. Harrison of Camden-
House Bill No. 534. A bill to be entitled an Act to amend the Act incorporating the City of Kingsland, and for other purposes.
390
JOURNAL OF THE SENATE,
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. Pitner of the 50th-
Senate Bill No. 94. A bill to be entitled an Act to amend the Act creating the City Court of Washington, and for other purposes.
By Mr. Allen of the 41st-
Senate Bill No. 98. A bill to be entitled an Act to provide for holding three terms of the Fannin County Superior Court, and for other purposes.
Mr. Lawson of the 14th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the foliowing bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 472 do pass. Senate Bill No. 67 do pass by substitute attached. Senate BiJl No. 92 do pass as amended. Senate Bill No. 10 do pass. Senate Bill No. 53 do not pass.
Respectfully submitted,
LAwsoN, Chairman.
WEDNESDAY, JULY 24, 1929.
391
Mr. Redwine of the 26th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following House Bill No. 9, by Mr. Kimbrough of Harris and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Respectfully submitted,
REDWINE, Chairman,
Mr. Dame of the 5th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President:
Your Committee on Banks and Banking has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 148.
Respectfully submitted,
DAME, Chairman.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House
392
JOURNAL OF THE SENATE,
and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 227.
House Bill No. 168 as amended.
Respectfully submitted,
GooDE, Chairman.
The following resolution was read and unanimously adopted:
By Messrs. Vaughn of the 34th and Whaley of the 35thSenate Resolution No. 38.
A RESOLUTION.
Whereas, This Body has received a notice of the untimely
death of Honorable L. J. Steele, Member of Congress from
the Fifth Congressional District of Georgia:
Therefore, Be it resolved by the Senate that the Nation, the State and the Fifth Di~trict of Georgia has lost one of its leading citizens and untiring workers.
Be it further resolved, That the Senate of Georgia mourns with this State, the friends and family of Mr. Steele in his passing: That we fully realize the loss all have suffered in his passing.
Be it further resolved, That the sympathy of this Body is hereby extended to his wife and other members of his family.
Be it further resolved, That a copy of this resolution be immediately transmitted to Mrs. Steele and that same be entered upon the Journal of this Body.
The following resolution was introduced, and referred to the Committee on Rules:
WEDNESDAY, JuLY 24, 1929.
393
By Mr. Smith of the 25th-
Senate Resolution No. 39. A resolution to set Senate Bill No. 150 a special order for Friday morning, July 26th, 1929.
The following bills, favorably reported were read the second time:
By Mr. Vandiviere:
Senate Bill No. 67. A bill to provide additional compensation for official stenographic reporters of Georgia.
By Mr. Allen of the 41st-
Senate Bill No. 92. A bill to require firms, etc. manufacturing any tires etc. to stamp date made on same.
By Mr. Lankford of the 15th-
Senate Bill No. 148. A bill to amend Code so as to add Ailey to list of State Depositories.
By Mr. Kimbrough-
Hause Resolution No. 9. A resolution to reimburse J. H. Carpenter for bail.
By Mr. Felker of Walton-
House Bill No. 168. A bill to create a Board of Commissioners of Roads and Revenues of Walton County.
By Mr. Felker of WaltonHouse Bill No.- 227. A bill to repeal an Act creating a
Board of Commissioners for Walton County.
By Mr. Phillips of TelfairHause Bill No. 472. A bill to vest in tax collectors of
394
JouRNAL oF THE SENATE,
certain counties power of sheriff to collect tax fi. fas.
The following House bills were read the first time an( referred to Committees:
By Mr. Felker of WaltonHouse Bill No. 120. A bill to repeal an Act providing for holding four term
a year of Superior Court in Walton County. Referred to Committee on Special Judiciary.
By Messrs. McKoy and Kennard of CowetaHouse Bill No. 300. A bill to amend the charter of the City of Newnan. Referred to Committee on Corporations.
By Messrs. Kinnard and McKoy of CowetaHouse Bill No. 301. A bill to amend the charter of the City of Newnan.
Referred to Committee on Corporations.
By Messrs. McKoy and Kennard of CowetaHouse Bill No. 302. A bill to amend an Act creating a new charter for th
City of Newnan.
Referred to Committee on Corporation.
By Messrs. Martin and Mooty of TroupHouse Bill No. 521.
A bill to change time of holding Superior Court in Trou County.
WEDNESDAY, JuLY 24, 1929.
395
Referred to Committee on Special Judiciary.
By Mr. Harrison of CamdenHouse Bill No. 534.
A bill to amend an Act incorpora,ting the City of Kingsland.
Referred to Committee on Municipal Government.
Mr. Vandiviere of the 39th, Chairman of the Committee on Privileges and Elections, asked unanimous consent that 300 copies of Senate Bill No. 76 be made for the use of the Committee, Senate and House, and the consent was granted.
Mr. King of the 11th asked unanimous consent that the following bill be withdrawn from the further consideration of the Senate:
By Mr. King of the 11th-
Senate Bill No. 155. A bill to fix the term of the State Entomologist.
The consent was granted.
Mr. Rawls of the 8th moved that the Senate do now adjourn, and the motion prevailed.
The President declared the Senate adjourned until tomorrow morning at 10:00 o'clock.
396
JouRNAL oF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, JuLY 25, 1929.
The Senate met pursuant to adjournment at 10:00 A. M. this day and was called to order by the President.
Prayer was offer.ed by Rev. J. P. Erwin, Paster of the College Park Methodist Church.
By unanimous consent the roll call was dispensed with.
Mr. Mathews of the 23rd, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Smith of the 25th moved that the Senate reconsider its action of Tuesday, July 23, 1929, in defeating Senate Bill No. 56, and the motion prevailed.
The following bills were introduced, read the first time, and referred to Committees:
By Mr. Nichols of the 3rd-
Senate Bill No. 203. A bill to ePcourage the raising of better cattle in open range counties of Georgia.
Referred to Committee on Agriculture.
By Messrs. Bird of the 49th and Williams of the 16th-
Senate Bill No. 204. A bill to amend an Act establishing, organizing and maintaining a Normal School or Teacher's College at Statesboro.
Referred to Committee on University of Georgia.
By Mr. Whaley of the 35thSenate Bill No. 205. A bill to amend an Act creating
THURSDAY, JuLY 25, 1929.
397
the office of Superintendent of Public Printing. Referred to Committee on Public Printing.
By Mr. Mathews of the 23rd-
Senate Bill No. 206. A bill to authorize the acceptance of a plea of guilty in Superior Courts from any person;, acting upon advice of counsel charged with a felony involving punishment less than capital.
Referred to Committee on General Judiciary No. 1.
By Mr. Mathews of 23rd-
Senate Bill No. 207. A bill to authorize solicitor general to prefer accusation in superior courts in counties which have no city or county courts in misdemeanor cases.
Referred to Committee on General Judiciary No. 1.
By Mr. Lankford of the 15th-
Senate Bill No. 208. A bill to amend Constitution so as to allow all persons to vote by paying all poll taxes required of them.
Referred to Committee on Amendments to Constitution.
By Mr. Lankford of the 15th-
Senate Bill No. 209. A bill to repeal all alternative road laws in Georgia.
Referred to Committee on Finance.
By Mr. King of the 11th-
Senate Bill No. 210. A bill to amend an Act fixing salary of state entomologist.
Referred to Committee on Agriculture.
398
JOURNAL OF THE SENATE,
By Mr. Mathews of the 23rdSena te Bill No. 211. A bill to reorganize and recon-
stitute the State Highway Department.
Referred to Committee on Highways.
By Mr. Myrick of the 1st-
Senate Bill No. 212. A bill to amend the Act of August 17, 1920, creating the Industrial Commission and known as the Georgia Workman's Compensation Act.
Referred to Committee on General Judiciary No. 2.
By Mr. Garrison of the 33rd-
Senate Bill No. 213. A bill to provide that in counties having a population of not less than 11,813 and not more than 11,825 persons the combined or total tax levy for all purposes shall not-exceed five mills.
Referred to Committee on Finance.
By Mr. Mathews of the 23rd-
Senate Bill No. 214. A bill to amend an Act defining a emigrant.
Referred to Committee on General Judiciary No. 1.
By Mr. Brewer of the 46th-
Senate Bill No. 215. A bill to provide that no person, firm or corporation, having a claim for money damages against any municipal corporation or county shall bring any ~uit at law without first presenting in writing such claim to governing authority of said municipality for adjustment.
Referred to Committee on Counties and County Matters.
THURSDAY, JuLY 25, 1929.
39"9
By Mr. Lawson of the 14th-
Senate Bill No. 216. A bill to amend Section 6048, so as to exempt from its operations tax executions.
Referred to Committee on General Judiciary No. 2.
By Mr. Terrell of the 36th-
Senate Resolution No. 40. A resolution relating to the gift of Joseph D. Rhodes and Mrs. Louana Rhodes Bricker to Georgia for preservation of historical documents, etc.
Referred to Committee on Public Property.
By Mr. Kidd of the 9th-
Senate Resolution No. 41. A resolution that House Bill No. tO-concerning removal of County Seat of Calhoun County be made a special order for Tuesday morning, July 30.
Referred to Committee on Rules.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 190, 191.
Respectfully submitted,
DAvis, Chairman.
400
JouRNAL OF THE SENATE,
Mr. Rawls of the 8th District, Chairman of the Committee on Constitutional Amendments, submitted the following report:
Mr. President
Your Committee on Constitutional Amendments has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 49.
Senate Bill No. 77.
Senate Bill No. 75.
Respectfully submitted,
RAWLS, Chairman.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bill of the House, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass as amended.
House Bill No. 243.
Respectfully submitted,
GooDE, Chairman.
Mr. Goode of the 31st District, Chairman of the Committee ori. Counties and County Matters, submitted the following report:
THURSDAY, }ULY 25, 1929.
401
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House " and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 162.
Senate Bill No. 165.
House Bill Nos. 10,19, 63, 99,271,467,481,482.
Respectfully submitted,
GooDE, Chairman.
Mr. Pitner of the 50th 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 has had under consideration the following bill of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 68 do not pass.
Respectfully submitted,
PITNER, Chairman.
Mr. Pitner of the 50th District, Chairman of the Committee on University of Georgia and Its Branches, submitted the following report:
Mr. President:
Your Committee on U ni versi ty of Georgia and Its Branches has had under consideration the following reso-
402
JOURNAL OF THE SENATE,
lution of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Resolution No. 37 do pass.
Respectfully submitted,
PITNER, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill Nos. 381, 521, 279 and 120.
Respectfully submitted,
DoRSEY, Chairman.
Mr. Allen of the 41st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. President:
Your Committee on Insurance has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 44.
Respectfully submitted,
ALLEN, Chairman.
THURSDAY, JULY 25, 1929.
403
Mr. Hyman of the 20th District, Chairman of the Committee on Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 69 do pass.
Senate Bill No,. 17 do pass.
Senate Bill No. 127 do pass.
Senate Bill No. 138 do pass.
Senate Bill No. 178 do pass.
Respectfully submitted, HYMAN, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under -consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 198. Respectfully submitted, DoRSEY, Chairman.
Mr. Hyman of the 20th District, Chairman of the Com-
404
JouRNAL oF THE SENATE,
mittee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 192. A bill to amend an Act to create a new charter and municipal Government of the City of Rome.
Respectfully submitted,
HYMAN, Chairman.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the following bills of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 183.
House Bills Nos. 301 and 302.
Respectfully submitted,
LANE, Chairman.
The following privileged resolutions were read and adopted.
THURSDAY, JULY 25, 1929.
405
By Mr. Rawls of the 8th-
A resolution extending the privileges of the floor to Hon. W. C. Hays during his stay in the City.
By Mr. Atkinson of the 4th-
A resolution extending the privileges of the floor to Hon. Millard Reese of Glynn County and Hon. S. C. Townsend of Camden County, during their stay in Atlanta.
The following resolution and bills of the Senate, favorably reported were read the second time.
By Mr. Pitner of the 50th-
Senate Resolution No. 37. A resolution gtvmg assent of the State of Georgia to an Act of Congress providing for cooperative agricultural extension work.
By Mr. Myrick of the 1st-
Senate Bill No. 49. A bill to amend the Constitution of Georgia so as to provide for the retirement of Justices of the Supreme Court.
By Messrs. Myrick and Vandiviere-
Senate Bill No. 75. A bill to amend the Constitution of Georgia relative to salary of Justices of the Supreme Court.
By Messrs. Neill and Lankford-
Senate Bill No. 77. A bill to amend the Constitution so as to provide for Lieutenant Governor.
By Mr. Rawls of the 8thSenate Bill No. 138. A bill to provide for admis~i
bility in evidence of any writing or record.
406
JOURNAL OF THE SENATE,
By Mr. Terrell of the 36th-
Senate Bill No. 178. A bill to authorize employment of county police.
By Mr. Tyson of the 2nd-
Senate Bill No. 190. A bill to amend the charter of the City of Darien.
By Mr. Tyson of DarienSenate Bill No. 191. A bill to amend an Act creating
new charter for the City of Darien.
By Mr. Wright of 42ndSenate Bill No. 192. A bill to amend an Act creating
new charter for the City of Rome.
The following House Bills, favorably reported were read the second time:
By Messrs. Moore and Parker of ColquittHouse Bill No. 19. A bill to amend an Act fixing salary
of the Treasurer of Colquitt County.
By Messrs. Martin and Mooty of TroupHouse Bill No. 44. A bill to amend Code relative to
licensing insurance companies.
By Messrs. Boykin and Henderson of CarrollHouse Bill No. 63. A bill to amend an Act establishing
commissioner of roads and revenues of Carroll County.
By Mr. Ross of Appling-
House Bill No. 99. A bill to amend an Act creating board of commissioner for Appling County.
THURSDAY, JuLY 25, 1929.
407
By Mr. Felker of Walton-
House Bill No. 120. A bill to repeal an Act providing for holding four terms a year of Walton Superior Court.
By Mr. Phillips of Tift-
House Bill No. 271. A bill to amend an Act abolishing office of Tax Receiver and Tax Collector in Tift County.
By Mr. Westbrook of Dougherty-
House Bill No. 279. A bill to amend an Act creating City Court of Albany.
By Messrs. Kennard and McKoy of Coweta-
House Bill No. 301. A bill to amend the Charter of the City of Newnan.
By Messrs. McKoy and Kennard of Coweta-
House Bill No. 302. A bill to amend an Act creating new charter for the City of Newnan.
By Mr. Thrash of Coffee-
House Bill No. 381. A bill to amend an Act establishing City Court of Douglas.
By Messrs. Stanton and Beaton of Ware-
House Bill No. 467. A bill to amend an Act creating office of Commissioner of Roads and Revenues of Ware County.
By Messrs. Martin and Mooty of Troup-
House Bill No. 521. A bill to change time of holding Troup Superior Court.
The following Senate bills, favorably reported were read the second time:
408
JouRNAL OF THE SENATE,
By Mr. Dame of the 5th-
Senate Bill No. 162. A bill to repeal an Act creating a Board of Commissioners for Clinch County.
By Mr. Dame of the 5th-
Senate Bill No. 165. A bill to require all political parties in Clinch County to nominate their candidate for county officers by primary election.
By Mr. Ham of the 6th-
Senate Bill No. 183. A bill to amend an Act incorporating the Town of Hahira.
By Mr. Tyson of the 2nd-
Senate Bill No. 198. A bill to create and establish the City of Darien.
Mr. Pitner of the 50th asked unanimous consent that House Bill No. 179 be rewmmitted to the committee on Municipal Government, and the consent was granted.
Mr. Mathews of the 23rd asked unanimous consent that the following bills be withdrawn from the committee on Military affairs, read the second time and recommitted:
By Mr. Mathews of the 23rd-
Senate Bill No: 188. A bill to amend an Act reorganizing the military forces of this State.
By Mr. Mathews of the 23rdSenate Bill No. 189. A bill to amend an Act reorganiz-
ing the military forces of this State.
The consent was granted.
THURSDAY, JuLY 25, 1929.
409
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the Senate, to-wit:
By Mr. Tyson of the 2nd-
Senate Bill No. 21. A bill to be entitled an Act to authorize the City of Darien to close certain parts of streets, 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 requ1s1te constitutional majority the following bills of the House, to-wit:
By Messrs. Ramspeck and Weekes of DeKalb-
House Bill No. 56. A bill to be entitled an Act to amend the Act establishing the Municipal Court of Atlanta, and for other purposes.
By Messrs. Moore and Parker of Colquitt-
House Bill No. 17. A bill to be en ti tied an Act to amend the Act providing for an occupation tax on motor fuels, and for other purposes.
By Mr. Weeks of Columbia-
House Bill No. 83. A bill to be entitled an Act to amend the Act abolishing the fee system in Superior Courts of Augusta Judicial Circuit, and for other purposes.
410
JOURNAL OF THE SENATE,
By Messrs. McElreath and Peebles of Bartow-
House Bill No. 113. A bill to be entitled an Act to amend the charter of the City of Cartersville, and for other purposes.
By Messrs. McElreath and Peebles of Bartow-
House Bill No. 114. A bill to be entitled an Act to amend the charter of the City of Cartersville, and for other purposes.
By Mr. Peebles of Bartow-
House Bill No. 246. A bill to be entitled an Act to amend the charter of the City of Cartersville, and for other purposes.
By Mr. Bentley of Murray-
House Bill No. 434. A bill to be entitled an Act to repeal the Act abolishing the fee system in Superior Courts of Cherokee Judicial Circuit, and for other purposes.
By Messrs. Bentley of Murray and Hardin of Whitfield-
House Bill No. 435. A bill to be entitled an Act to abolish the fee system in the Superior Courts of Cherokee Judicial Circuit, and for other purposes.
By Messrs. Davis, Crawford and Lanham of Floyd-
House Bill No. 449. A bill to be entitled an Act to amend the Act amending the Act which established juvenile courts in certain counties, and for other purposes.
By Messrs. Beaton and Stanton of vVareHouse Bill No. 470. A bill to be entitled an Act to
THuRsDAY, JuLY 25, 1929.
411
amend the charter of the City of Waycross, and for other purposes.
By Messrs. Mills, Grayson and Alexander of Chatham-
House Bill No. 501. A bill to be entitled an Act to amend an Act amending Section 1225 of the Code as relates to Tax Collectors in certain counties collecting taxes due State and County, and for other purposes.
By Mr. Awtry of Cobb-
House Bill No. 503. A bill to be entitled an Act to amend the charter of the City of Acworth, and for other purposes.
By Mr. Byars of Spalding-
House Bill No. 506. A bill to be entitled an Act to amend an Act amending the charter of the City of Griffin, and for other purposes.
By Mr. Colson of Glynn-
House Bill No. 535. A bill to be entitled an Act to repeal the Act incorporating the Coligny Beach, and for other purposes.
By Messrs. Mills, Grayson and Alexander of Chatham-
House Bill No. 552. A bill to be entitled an Act to revise and amend the several Acts incorporating the Town of Tybee, and for other purposes.
The following House Resolutions were read the third time and placed upon their passage:
By Mr. Kimbrough of Harris-
House Resolution No. 9. A resolution to reimburse J. H. Carpenter.
412
JouRNAL oF THE SENATE,
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Colson of Glynn-
House Resolution No. 31. A resolution to correct the
spelling of Jeykll Island.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Boykin and Henderson of Carroll-
House Resolution No. 39. A resolution requiring State Librarian to furnish certain law books to Carroll County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Awtrey and Pace of Cobb, and othersHouse Resolution No. 40. A resolution to change name
of Grassy Mountain to Mount Oglethorpe.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
THURSDAY, }ULY 25, 1929.
413
The bill having received the requisite constitutional majority was passed.
The following House bills were read the third time and placed upon their passage:
By Mr. Hightower of Upson-
House Bill No. 45. A bill to amend an Act incorporating the City of Thomaston.
The report of the Committee, which was favorable to . the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hightower of Upson-
House Bill No. 46. A bill to amend an Act incorporating the village of East Thomaston.
The report of the Committee, w:1ich was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hightower of Upson-
House Bill No. 47. A bill to incorporate the City of Silvertown.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 43, nays 0.
The bill having received the requisite constitutional majority was passed.
414
JouRNAL OF THE SENATE,
By Mr. Hightower of Upson-
House Bill No. 48. A bill to amend the charter of the City of Thomaston.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Bennett of WayneHouse Bill No. 51. A bill to amend an Act establishing
City Court of Jesup.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. Byars of Spalding, Culpepper of Fayette and Hightower of Upson-
House Bill No. 58. A bill to fix regular time and terms of Griffin Judicial Circuit.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. Boykin and Henderson of CarrollHouse Bill No. 62. A bill to amend an Act establishing
City Court of Carrollton.
THURSDAY, 'juLY 25, 1929.
415
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Weeks of Columbia-
House Bill No. 82. A bill to amend an Act creating Board of Commissioners of Columbia County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Fagan of PeachHouse Bill No. 89. A bill to create a Board of Commis-
sioners of Roads and Revenues in and for Peach County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Collier of Madison-
House Bill No. 109. A bill to amend the charter of Comer, Georgia.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
416
JOURNAL OF THE SENATE,
The bill having received the requisite constitutional majority was passed.
By Messrs. Thomason and Crow of WorthHouse Bill No. 112. A bill to protect fur bearing
animals.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0. The bill having received the requisite cons ti tu tional majority was passed.
By Messrs. Holt and McKelvey of GwinnettHouse Bill No. 119. A bill to abolish the offices of Tax
Receiver and Tax Collector in Gwinnett. The report of the Committee, which was favorable to
the passage of the bill, was agreed to. On the passage of the bill the ayes were 31, nays 0. The bill having received the requisite constitutional
majority was passed.
By Mr. Pace of CobbHouse Bill No. 139. A bill to amend an Act fixing
salary of Treasurer of Cobb County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. Stanton and Beaton of \VareHouse Bill No. 169. A bill to amend an Act establishing
THURSDAY, JuLY 25, 1929.
417
City Court of Waycross.
The report of the'Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Beaton and Stanton of Ware-
House Bill N"o. 172. A bill to amend an Act establishing City Court of Waycross.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Beasley of Tattnall-
House Bill No. 189. A bill to amend the charter of the City of Manassas.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Nelson of Macon-
House Bill No. 202. A bill to amend the charter of the City of Montezuma.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
418
JouRNAL OF THE SENATE,
The bill having received the requisite constitutional majority was passed.
By Mr. Cochran of Thomas-
House Bill No. 212. A bill to amend the charter of the City of Thomasville.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Battle, Meredith and Roberts of Mus.:-ogee-
House Bill No. 221. A bill to regulate salaries of stenographic reporters in certain judicial circuits of Georgia.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Colson of Glynn-
House Bill No. 276. A bill to authorize the City of Brunswick and County of Glynn to establish airport.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Byars of SpaldingHouse Bill No. 296. A bill to fix the compensation of
THURSDAY, JuLY 25, 1929.
419
the commissioners of Spalding County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 33, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hardin of \Vhitfield-
House Bill No. 304. A bill to repeal an Act creating Board of Commissioners of Roads and Revenues for Whitfield County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The b_ill having received the requisite constitutional majority was passed.
By Mr. Hardin of Whitfield-
House Bill No. 305. A bill to <.reate office of Comm.issioner of Roads and Revenues for Whitfield County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 33, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Huddleston of Meriwether-
Hause Bill No. 332. A bill to amend the charter of the City of Luthersville.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
420
JouRNAL OF THE SENATE,
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Cooper, Gillen and Nottingham of Bibb-
House Bill No. 339. A bill to provide for office expenses of clerk.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Tippens of Evans-
House Bill No. 348. A bill to amend an Act creating a Board of Commissioners for Evans County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Reid of Haralson-
House Bill No. 351. A bill to amend the charter of the City of Tallapoosa.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
THURSDAY, }ULY 25, 1929.
421
By Messrs. Traylor, Pilcher and Parker of Richmond-
House Bill No. 367. A bill to reduce representation in City Council of Augusta.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Arnold of Henry-
House Bill No. 371. A bill to amend an Act abolishing offices of Tax Collector and Tax Receiver in Henry County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Miss Kempton and Mr. Brown of Fulton-
House Bill No. 386. A bill to amend an Act establishing new charter for the City of Atlanta.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Kimbrough of Harris-
House Bill No. 399. A bill to authorize the town of Chipley to transfer certain funds.
The report of the Committee, which was favorable to
422
JouRNAL oF THE SENATE,
the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Patten of Lanier-
Hause Bill No. 412. A bill to amend an Act changing name of town of Milltown to City of Lakeland.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Edmondson of Chattooga-
House Bill No. 419. A bill to abolish City Court of Summerville.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Edmondson of Chattooga-
House Bill No. 420. A bill to provide for holding three terms of Chattooga Superior Court yearly.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
THuRsDAY, JuLY 25, 1929.
423
By Messrs. Adams and Hewell of Elbert-
House Bill No. 422. A bill to amend an Act creating office of Tax Commissioner for County of Elbert.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Wind of Grady-
House Bill No. 426. A bill to amend an Act establishing City Court of Cairo.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Wind of Grady-
House Bill No. 427. A bill to amend an Act incorporating the Town of Whigham.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Pilcher, Traylor and Parker of Richmond-
House Bill No. 432. A bill to provide for payment of county treasurers in certain counties.
The report of the Committee, which was favorable to
424
JOURNAL OF THE SENATE,
the passage of the bill, was agreed to.
On the passage of the bill the ayes were 33, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Scruggs and Taylor of Washington-
House Bill No. 461. A bill to create a Board of Water Commissioners.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Beaton and Stanton of Ware--
House Bill No. 468. A bill to amend an Act providing a charter for the City of Waycross.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Beaton and Stanton of Ware-
House Bill No. 469. A bill to amend charter of the City of Waycross.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
THURSDAY, JuLY 25, 1929.
425
By Mr. Phillips of Telfair-
Hause Bill No. 472. A bill to gtve tax collectors authority to collect tax fi. fas.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Stewart of Atkinson-
House Bill No. 481. A bill to abolish Board of Commissioners for Atkinson County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Stewart of Atkinson-
House Bill No. 482. A bill to create a Board of Commissioners of Roads and Revenues for Atkinson County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Cook of the 45th enters this a protest to the passage of House Bill Numbe'r 482, requests that this protest be spread upon the Senate Journal for the following reasons:
1. House Bill Number 482 could not be legally passed
426
JouRNAL oF THE SENATE,
by the Senate for the reason that alterations were made in the Bill by the author of the same between the second and third reading of the Bill in the House of Representatives of the General Assembly of the State of Georgia,
2. The question as to whether or not a legal notice of intention to introduce such a bill was raised before the Committee and the proponents of said bill made no showing that the law governing notice to apply for the passage of such a bill was complied with, and such law was not complied with.
CooK,
Senator from the 45th District.
By Messrs. Powell and Cail of Screven-
House Bill No. 484. A bill to amend an Act creating office of County Commissioners of Screven County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. Nottingham and Gillen of Bibb-
House Bill No. 487. A bill to provide that certain counties may grant pensions to employees.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Nottingham of Bibb-
House Bill No. 489. A bill to amend an Act establishing
THURSDAY, JuLY 25, 1929.
427
charter for the City of Macon.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
The following Senate bill was read the third time and placed upon its passage:
By Mr. King of the 11th-
Senate Bill No. 181. A bill to amend an Act establishing City Court of Fort Gaines.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the a yes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution was read the third time and placed upon its passage:
By Mr. Vaughn of the 34th-
Senate Resolution No. 29. A resolution declaring the Brown Thrasher the official bird of Georgia.
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 27, nays 0.
The resolution having received the requisite constitutional majority was passed.
The following House bill was read the third time and placed upon its passage:
428
JouRNAL OF THE SENATE,
By Mr. Felker of Walton-
House Bill No. 168. A bill to create a Board of Commissioners for Walton County.
Mr. Williams of the 27th moved to amend the bill as follows:
"By striking the word "two" in the second line of Section 2 of said bill and inserting in place of "two" the word "four."
The amendmene was adopted.
Mr. Williams further moved to amend:
"By inserting after the word "Commissioners" in next to the last line of Section 2 and before the words "as soon" the following words, "On January 1st, 1930."
The amendment was adopted.
Mr. Williams further moved to amend:
"By inserting after the word "salary" in the second line of Section 7, and before the words "said Clerk not to be" the words "not to exceed fifty dollars per month."
The amendment was adopted.
Mr. Williams further moved to amend:
"By striking the words "Governor of said State" in Section 5 and inserting in place of same the following words, to-wit: "by the remaining Commissioners."
The amendment was adopted.
Mr. Williams further moved to amend:
"By striking all after the word "improved" in line four of Section 21.
The amendment was adopted.
THuRsDAY, JuLY 25, 1929.
429
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, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.
The following bill was read the third time and placed upon its passage:
By Mr. Geer of Miller-
House Bill No. 243. A bill to repeal an Act amending law creating Board of Commissioners of Roads and Revenue for Miller County.
The committee on Counties and County Matters proposed the following amendment, to-wit:
Be it further enacted by the authority aforesaid, and it is hereby enacted that it shall be the duty of the Ordinary of Miller County, Georgia, immediately upon the passage of this Act to call an election at all the voting precincts in said county and submit to the qualified voters of the said county of Miller the question as to whether or not the Act approved July 20th, 1927, and embodied in the Georgia Laws for that year, pages 630 to 632, inclusive shall be repealed, and it shall further be the duty of the Ordinary of said County of Miller to appoint the election managers and the Clerks to hold the election herein provided for, and the Ordinary of Miller County shall have tickets printed to said election and furnish them to the managers, and those who want the Act of 1927, which was approved July 20th, 1927, and found in the Georgia Laws of that year, pages 630 to 632, inclusive repealed shall have printed on their ballets the words "For repeal of Act of 1927", and the following words shall be printed under those words, namely; "That means that you will not have to pay the $50.00 to the Ordinary." And there shall be printed on the ballots the following
430
JouRNAL OF THE SENATE,
words, "Provided if you desire to pay the $50.00 a month to the Ordinary, to-wit: "Against repeal of Act of 1927" and there shall he printed on this ballot just under those words the following: "That means that you are to continue to pay the $50.00 a month to the Ordinary." And be it further provided that the managers of said election which are appointed by the Ordinary shall make their returns to the Ordinary on the following day after the election, and it shall be the duty of the Ordinary to declare the result of said election, and in his declaration of the result give the number of votes for the repeal of the Act of 1927, and the number of votes that were against the repeal of Act of 1927.
And if there were more votes cast for the Act for 1927, to be repealed than there were for it not to be repealed, then it stands repealed.
And provided further that in case the Ordinary does not call and have held the election herein provided for prior to the 15th of September 1929, then and in that event the Act of 1927 referred to in House Bill No. 243, and approved July 20th, 1927-See Georgia Laws of that Year, pages 630 to 632 inclusive-stands repealed.
Provided further that the provisions of this Act shall in no event go into effect until January 1st, 1930, regardless of how the election comes out.
The amendment of the committee was adopted.
The report of the committee, which was favorable to the passage of the hill as amended, was agreed to.
On the passage of the hill the ayes were 40, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following bill was read the third time and placed upon its passage:
THURSDAY, JuLY 25, 1929.
431
By Messrs. Williams of the 16th, Bird of the 49th and Myrick of the 1st-
Senate Bill No. 9. A bill to amend an Act reorganizing the military forces of Georgia, so as to increase the salary of the Adjutant General.
The Committee on Military affairs proposed the following amendment:
"Amend the bill by striking the words and figures "$6,000.00" wherever the same appears and inserting in lieu therefor the words and figures "$4200.00."
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
Mr. Zellars asked unanimous consent that the further consideration of the bill be postponed until Friday, July 26th, 1929, immediately after the period of unanimous consents, and the consent was granted.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requlSlte c.onstitutional majority the following bills as amended, of the Senate, to-wit:
By Mr. Neill of the 24th-
Senate Bill No. 27. A bill to carry into effect in Muscogee County the provision of the Constitution relative to the abolition of Justi<.e Courts, and for other purposes.
The following Senate Bill was taken up for the purpose of concurring in the House amendment to the same:
By Mr. Neill of the 24thSenate Bill No. 27. A hill to carry into effect m the
432
JouRNAL OF THE SENATE,
county of Muscogee the provisions of -the Constitution relative to the abolition of Justice Courts.
The House amended the bill as follows:
"Amend by striking the words "three Hundred ($300.00) dollars" where they occur in the caption and body of said bill with reference to extent of Jurisdiction and by inserting in lieu thereof the words "five hundred ($500.00)."
By unanimous consent the Senate concurred in the amendment.
By unanimous consent the consideration of the following bill was postponed until Monday July 29th, immediately after the period of unanimous consents.
By Mr. Mathe-ws of the 23rd-
Senate Bill No. 17. A bill to amend an Act authorizing ordinaries to appoint guardians.
The following bill was read the third time and placed upon its passage:
By Mr. Zellars of the 30th-
Senate Bill No. 52. A bill to provide that suits to reform deeds shall be brought by remainder.
Mr. Goods of the 31st moved to amend the bill as follows:
"Amend Section 8, of said bill by striking the word "or" in the fin:t line of said Section, and inserting a comma in lieu thereof; and by adding after the word "proceedings" in the second line of said Section the words "or decree enter~_ in pursuance_ thereof."
The amendment was adopted.
The report of the Committee which was favorable to
THURSDAY, JuLY 25, 1929.
433
the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 15, the nays 15.
The bill having failed to receive the requisite constitutional majority was therefore lost.
Mr. Zellars gave notice that at the proper time he would move that the Senate reconsider its action m defeating Senate Bill No. 52.
By unanimous consent the following communication was read:
Hon. Cecil Neill, Pres., Georgia State Senate, State Capitol, Atlanta, Ga.
Dear Sir:-
ln compliance with your resolution wherein you asked for the following information:
"The total number of miles that would be needed in the Highway System of Georgia in order to connect in a reasonably direct way each county seat with every other county seat in Georgia."
We have made an estimate and it is our opinion that it would require 2337 miles in addition to our present mileage of 6300 miles, making a total of 8637 miles to connect each county seat with every other adjoining county seat in Georgia.
As stated, this is an estimate. If surveys were made and locations were made on the most practical routes, it might increase or decrease the mileage.
Respectfully submitted, State Highway Board of Georgia.
SAM TATE, Chairman.
434
JouRNAL OF THE SENATE,
The following bill was read the third time and taken up for consideration:
By Messrs. Smith of the 25th, Platt of the 7th, Ford of the lOth-
Senate Bill No. 57. A bill to amend the Workmen's Compensation Act, so as to provide for time limits for appeals, and for other purposes.
Mr. Smith of the 25th moved that the Senate do now adjourn, and the motion prevailed.
Mr. Fletcher of the 22nd asked unanimous consent that the members of the Senate Committee on Academy for the Blind be given leave of absence from the Senate until Monday Morning, July 29th, in order to allow the Committee to inspect the Institution this week-end, and the consent was granted.
Mr. Platt of the 7th asked unanimous consent that the members of the Senate Committee on Western and Atlantic Railroad be granted leave of absence until Monday Morning, July 29th, 1929, so as to allow said committee to inspect the Western and Atlantic properties this week-end, and the consent was granted.
The President declared the Senate adjourned until tomorrow morning at 10:00 o'clock.
FRIDAY, JuLY 26, 1929.
435
SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, JuLY 26, 1929.
The Senate met pursuant to adjournment at 10:00 A.M. this day and was called to order by the President.
Prayer was offered by Rev. J. P. Erwin, Pastor of the
College Park Methodist Church.
By unanimous consent the roll call was dispensed with.
Mr. Vandiviere, Vice-Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Zellars of the 30th moved that the Senate reconsider its action of yesterday in defeating Senate Bill No. 52, and the motion prevailed.
The following bills were introduced, read the first time and referred to Committees:
By Mr. Sibley of the 19th-
Senate Bill No. 217. A bill to regulate the sale of powdered milk.
Referred to Committee on Agriculture.
By Mr. Platt of the 7thSenate Bill No. 218. A bill to amend the Code fixing
a value at which property of railroads shall be returned.
Referred to Committee on Finance.
By Mr. Dame of the 5thSenate Bill No. 219. A bill to create the office of com-
436
JouRNAL oF THE SENATE,
missioner of Clinch County.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
By Mr. Kennedy of Lamar-
House Bill No. 34. A bill to be entitled an Act to amend the Act authorizing Ordinaries in certain counties to appoint guardians for insane persons, and for other purposes.
By Messrs. Boykin and Henderson of Carroll-
House Bill No. 60. A bill to be entitled an Act to amend the charter of the City of Carrollton, and for other purposes.
By Messrs. Cooper and Nottingham of Bibb-
House Bill No. 155. A bill to be entitled an Act to amend the Act providing for reporters in City Courts of certain counties, and for other purposes.
By Messrs. Cooper, Nottingham and Gillen of Bibb-
House Bill No. 156. A bill to be entitled an Act to provide for reporters in City Courts of certain counties, and for other purposes.
By Messrs. Gillen, Nottingham and Cooper of Bibb-
House Bill No. 416. A bill to be entitled an Act to amend the Penal Code relative to appointment and salary of Special Criminal Bailiffs for Superior Court in certain counties, and for other purposes.
Mr. Tyson of the 2nd District, Chairman of the Committee on Railroads, submitted the following report:
FRIDAY, JuLY 26, 1929.
437
Mr. President:
Your Committee on Railroads has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 8 by substitutes. Senate Bill No. 172.
Respectfully submitted, TYsON, Chairman.
Mr. Lankford of the 15th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill 1'\o. 174 do pass. Senate Bill No. 113 do pass by substitute. Senate Bill No. 213 do pass. Senate Bill No. 209 do pass. House Bill Nos. 97, 272 and 444 do pass.
Respectfully submitted, LANKFORD, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary has had under
438
JouRNAL oF THE SENATE,
consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 483.
Respectfully submitted,
DoRSEY, Chairman.
Mr. McElmurray of the 17th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your Committee on Agriculture has has under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 161.
Respectfully submitted,
McELMURRAY, Chairman.
Mr. Lankford of the 15th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Yeur Committee on Finance have read the Communication from Hon. Geo. M. Napier Attorney General, which communication was referred to the Committee on Finance, and has instructed me, as chairman, to return the same to the Senate without recommendation or comment.
Respectfully submitted,
LANKFORD, Chairman.
Mr. Lawson of the 15th District, Chairman of the Com-
FRIDAY, JuLY 26, 1929.
439
mittee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 8 do pass.
Respectfully submitted,
LAwsoN, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 179.
Respectfully submitted,
DAVIS, Chairman.
The following bills, favorably reported, were read the second time:
By Messrs. Redwine and King-
Senate Bill No. 133. A bill to fix the salary of the Secretary of State, et al.
440
JouRNAL or THE SENATE,
By Mr. Ford of the lOth-
Senate Bill No. 161. A bill to amend the cooperative marketing Act.
By Mr. Goode of the 31st-
Senate Bill No. 172. A bill to allow railroad companies to elect a Board of Directors in excess of fifteen, and for other purposes.
By Mr. Lankford of the 15th-
Senate Bill No. 174. A bill to amend the motor vehicle law.
By Mr. Lankford of the 15th-
Senate Bill No. 209. A bill to repeal all alternative road laws in Georgia.
By Mr. Garrison of the 33rd-
Senate Bill No. 213. A bill to allow certain counties to make certain tax levies.
The following House bills, favorably reported, were read the second time.
By Mr. Ross of Appling-
House Bill No. 97. A bill to vest Tax Collectors m certain counties with power to collect tax fi. fas.
By 1\Ir. Phillips of Tift-
House Bill No. 272. A bill to authorize Tax Commissioners in certain counties to collect tax fi. fas.
By Messrs. Brannan and Cone of Bulloch-
. House Bill No. 444. A bill to repeal an Act g1vmg sheriffs power to Tax Collector in Bulloch County to col-
FRIDAY, JuLY 26, 1929.
441
lect tax fi. fas.
By Messrs. Cail and Powell of Screven-
House Bill No. 483. A bill to amend an Act creating the City Court of Sylvania.
The following privileged resolution was read and adopted.
By Mr. Neill of the 24th-
A resolution extending the privileges of the floor to Hon. A. W. Cozart of the County of Muscogee during his stay in the City of Atlanta.
The following Senate bills were read the third time and placed upon their passage:
By Mr. Lankford of the 15th-
Senate Bill No. 148. A bill to amend the Code to add the Town of Ailey to list of State Depositories.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dame of the 5th-
Senate Bill No. 162. A bill to repeal the Act creating a Board of Commissioners of Roads and Revenue for Clinch County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
442
JouRNAL OF THE SENATE,
By Mr. Dame of the 5th-
Senate Bill No. 165. A bill to require political parties in Clinch County to nominate candidates for county offices by primary elections.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Ham of the 6th-
Senate Bill No. 183. A bill to amend an Act incorporating the Town of Hahira.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Tyson of the 2nd-
Senate Bill No. 190. A bill to amend the charter of the City of Darien.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Tyson of the 2ndSenate Bill No. 191. A bill to amend the charter of the
City of Darien.
FRIDAY, JuLY 26, 1929.
443
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Wright of Floyd-
Senate Bill No. 192. A bill to amend the charter of the City of Rome.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On t_he passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Tyson of the 2nd-
Senate Bill No. 198. A bill to establish the City Court of Darien.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
The following House bills were read the third time and placed upon their passage:
By Messrs. Moore and Parker of Colquitt-
House Bill No. 19. A bill to amend the Act fixing salary of treasurer of Colquitt County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
444
JouRNAL OF THE SENATE,
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Boykin and Henderson of Carroll-
House Bill No. 63. A bill to amend an Act establishing Commissioner of Roads and Revenue for Carroll County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Ross of Appling-
House Bill No. 99. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Appling County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Cozart of Wilkes-
House Bill No. 179. A bill to provide a new charter for the City of Washington.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
FRIDAY, JuLY 26, 1929.
445
By Mr. Phillips of Tift-
House Bill No. 271. A bill to amend an Act abolishing the office of Tax Receiver and Tax Collector of Tift County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Westbrook of Dougherty-
House Bill No. 279. A bill to amend an Act creating City Court of the City of Albany.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Kinnard and McKoy of Coweta-
House Bill No. 301. A bill to amend the charter of the City of Newnan.
The report of the committee, which was favorable to the passage of the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. McKoy and Kinnard of Coweta-
House Bill No. 302. A bill to amend an Act creating a new charter for the City of Newnan.
The report of the committee, which was favorable to the
446
JouRNAL OF THE SENATE,
passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Thrash of Coffee-
House Bill No. 381. A bill to amend an Act establishing
City Court of Douglas.
.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Stanton and Beaton of Ware-
House Bill No. 467. A bill to amend an Act creating office of Commissioner of Roads and Revenues of Ware County.
The report of the committee, which was favorable to the. passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Martin and Mooty of Troup-
House Bill No. 521. A bill to change the time of holding Superior Court in Troup County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional
FRIDAY, JuLY 26, 1929.
447
majority was passed.
The following House bills were read the first time and referred to the Committees:
By Messrs. Moore and Parker of Colquitt-
House Bill No. 17. A bill to amend an Act providing for an occupation tax on motor fuels.
Referred to Committee on Finance.
By Mr. Kennedy of LamarHouse Bill No. 34. A bill to amend an Act authorizing ordinaries to appoint
guardians for idiots and insane persons. Referred to Committee on General Judiciary No.2.
By Messrs. Ramspeck and Weekes of DeKalbHouse Bill No. 56. A bill to amend an Act establishing
Municipal Court of Atlanta. Referred to Committee on Special Judiciary.
By Messrs. Boykin and Henderson of CarrollHouse Bill No. 60. A bill to amend the charter of the
City of Carrollton. Referred to Committee on Municipal Government.
By Mr. Weeks of ColumbiaHouse Bill No. 83. A bill to abolish fee system existing
in Augusta Judicial Circuit. Referred to Committee on Special Judiciary.
By Messrs. McElreath and Peebles of BartowHouse Bill No. 113. A bill to amend the charter of the
448
JouRNAL oF THE SENATE,
City of Cartersville. Referred to Committee on Corporations.
By Messrs. McElreath and Peebles of Bartow-
House Bill No. 114. A bill to amend the charter of the City of Cartersville.
Referred to Committee on Corporations.
By Messrs. Cooper and Nottingham of Bibb-
House Bill No. 155. A bill to amend an Act providing for reporters in the City Courts of certain counties.
Referred to Committee on Special Judiciary.
By Messrs. Cooper, Nottingham and Gillen of Bibb-
House Bill No. 156. A bill to provide for reporters in certain City Courts.
Referred to Committee on Special Judiciary.
By Mr. Peebles of Bartow-
House Bill No. 246. A bill to amend the charter of the City of Cartersville.
Referred to Committee on Corporations.
By Bibb Delegation-
House Bill No. 416.. A bill to amend the Penal Code relative to appointment and salary of special criminal bailiffs for Superior Courts of certain counties.
Referred to Committee on Special Judiciary.
By Mr. Bentley of M:.uray-
House Bill No. 434. A bill to repeal an Act abolishing fee system in Cherokee Judicial Circuit.
FRIDAY, JuLY 26, 1929.
449
Referred to Committee on Special Judiciary.
By Messrs. Bentley of Murray and Hardin of WhitfieldHouse Bill No. 435. A bill to abolish the fee sys~em
existing in Cherokee Judicial Circuit. Referred to Committee on Special Judiciary.
By Floyd Delegation.House Bill No. 449. A bill to amend an Act establishing
certain counties Juvenile Courts. Referred to Committee on Special Judiciary.
By Messrs. Beaton and Stanton of WareHouse Bill No. 470. A bill to amend the charter of the
City of Waycross.
Referred to Committee on Municipal Government.
By Chath<Jm Delegation-
House Bill No. 501. A bill to amend an Act authorizing Tax Collectors in certain counties to collect taxes. Referred to Committee on Finance.
By Mr. Awtry of Cobb-
House Bill No. 503. A bill to amend the charter of the City of Acworth.
Referred to Committee on Municipal Government.
By Mr. Byars of Spalding-
House Bill No. 506. A bill to amend an Act amending the charter of the City of Griffin.
Referred to Committee on Municipal Government.
450
JouRNAL oF THE SENATE,
By Mr. Colson of GlynnHouse Bill No. 535. A bill to repeal an Act incorporating
the Coligny Beach.
Referred to Committee on Corporations.
By Chatham Delegation-
House Bill No. 552. A bill to revise, alter and amend several Acts incorporating Mayor and Councilmen of the Town ofTybee.
Referred to Committee on Municipal Government.
Mr. Goode of the 31st asked unanimous consent that the following bill be withdrawn from the Committee on Counties and County Matters and from the further consideration of the Senate:
By Mr. Dame of the 5thSenate Bill No. 163. A bill to create a Board of Com-
missioners of Roads and Revenues for Clinch County.
The consent was granted.
Mr. Tyson of the 2nd asked unanimous consent that the following Senate bill be withdrawn from the Committee on General Judiciary No. 1 and recommitted to the Committee on General Judiciary No.2.
By Mr. Tyson of the 2ndSenate Bill No. 130. A bill to fix the salaries of the
secretaries to the Supreme Court.
The consent was granted.
Mr. Myrick of the 1st District, Vice-Chairman of the Committee on Rules, submitted the following report:
FRIDAY, JuLY 26, 1929.
451
Mr. President:
Your Committee on Rules has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass.
Senate Resolution No. 16.
Respectfully submitted,
MYRICK, Vice-Chairman.
The following resolution, adversely reported, was taken up for consideration:
By Messrs. Terrell of the 36th and Zellars of the 30th-
Senate Resolution No. 16. A Resolution to abolish executive sessions.
Mr. Hyman of the 20th asked unanimous consent that the further consideration of the resolution be postponed until Monday, July 29th, 1929, and the consent was granted.
Mr. Rawls of the 8th asked unanimous consent that when the Senate adjourn today that it stand adjourned until Monday morning, July 29th, 1929 at 11:00 o'clock, and the consent was granted.
Mr. Zellars moved that the Senate do now adjourn, and the motion was lost.
The following bill, adversely reported, was taken up for consideration:
By Mr. Williams of the 16th-
Senate Bill No. 53. A bill to provide for repeal from decision by the Georgia Public Service Commission.
The following minority report was submitted:
452
JouRNAL OF THE SENATE,
Mr. President:
The undersigned members of General Judiciary No. 2 request the Senate to reject the report of the Committee on Senate Bill No. 53, and adopt the report of the undersigned, that the bill "Do Pass."
Respectfully submitted,
WILLIAMS of the 16th,
KING of the 11th.
Mr. Williams of the 16th asked unanimous consent that the further consideration of the bill be postponed until Tuesday July 30th, 1929, and the consent was granted.
The following bill, adversely reported, was read and taken up for consideration:
By Mr. Ford of the lOth-
Senate Bill No. 128. A bill to allow payment of refund of any tax under certain conditions.
Mr. Ford asked unanimous consent that the further consideration of the measure be postponed until Friday, August 2nd, 1929, and the consent was granted.
Mr. Smith of the 25th moved that the Senate do now adjourn, and the motion prevailed.
The President in accordance with an unanimous consent agreement adopted earlier in the day, declared the Senate adjourned until Monday morning, July 29th, 1929, at 11 :00 o'clock.
MoNDAY, JuLY 29, 1929.
453
SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, JuLY 29, 1929.
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 Rev. J. P. Erwin, Pastor of College Park Methodist Church.
Mr. Mathews of the 23rd asked unanimous consent to dispense with the call of the roll.
Mr. Williams of the 27th objected.
On the call of the roll the following Senators answered to their names:
Adams, Geo. W. Allen, Wade Alston, G. 0. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. 0. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham, T. 0. Harris, B. F.
Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. 0.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G.
Vaughn, c. R.
Whaley, W. V. Williams, E. M. Williams, Felix 0. Wright, Seaborn Zellars, B. B. Mr. President
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of Friday's session had been examined and found correct.
By unanimous consent the reading of the journal of Friday's proceedings was dispensed with.
The following message was received from the House through Mr. Moore, the Clerk thereof:
454
JOURNAL OF THE SENATE,
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills and resolutions of the House, to-wit:
By Mr. Freeman of Early-
House Bill No. 230. A bill to be entitled an Act to amend the Act fixing the salary of the Treasurer of Early County, and for other purposes.
By Mr. Bostwick of Morgan-
House Bill No. 245. A bill to be entitled an Act to amend the charter of the Town of Rutledge, and for other purposes.
By Mr. Burgin of Marion-
House Bill No. 294. A bill to be entitled an Act to amend the Act permitting the Treasurer of Marion County to pay premium on Tax Commissioners bond, and for other purposes.
By Mr. Freeman of Early-
House Bill No. 350. A bill to be entitled an Act to amend the Act creating Tax Commissioner for Early County, and for other purposes.
By Mr. Barrett of Stephens-
House Bill No. 452. A bill to be entitled an Act to amend the Act providing for Commissioners of Roads and Revenues for Stephens County, and for other purposes.
By Mr. Freeman of Early-
House Bill No. 514. A bill to be entitled an Act to reimburse Tax Collector of Early County for bond premium, and for other purposes.
MoNDAY, JuLY 29, 1929.
455
By Mr. Burch of Dodge-
House Bill No. 545. A bill to be entitled an Act to amend the Act creating the office of Commissioner of Roads and Revenues for Dodge County, and for other purposes.
By Mr. Richardson of Lee-
House Bill No. 546. A bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for Lee County, and for other purposes.
By Mr. Nelson of Cook-
House Bill No. 562. A bill to be entitled an Act to amend the charter of the Town of Lenox, and for other purposes.
By Mr. Harrison of Camden-
House Bill No. 585. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for Camden County, and for other purposes.
By Mr. Harrison of Camden-
House Bill No. 586. A bill to be entitled an Act to repeal the Act creating a Board of Commissioners of Roads and Revenues for Camden County, and for other purposes.
By Mr. Beasley of TattnallHouse Resolution No. 17. A resolution for the relief of
M. J. Wright as surety on bond.
By Messrs. Kinnard and McKoy of Coweta-
House Resolution No. 22. A resolution for the relief of A. B. Bilbo as surety on bond.
456
JOURNAL OF THE SENATE,
By Messrs. Chalker of Pulaski and Wilson of Wilcox-
House Resolution No. 25. A resolution for the relief of C. T. Burrows as surety on bond.
By Messrs. DuBose and Wood of Clarke-
House Resolution No. 45. A resolution for the relief of R. G. Davis as surety on bond.
By Mr. Gillen of Bibb-
House Resolution No. 69. A resolution for the relief of
J. F. Herring as surety on bond.
Mr. Lawson of the 14th asked unanimous consent that the following bill be withdrawn from the committee, read the second time and recommitted:
By Mr. Neill of the 24th-
Senate Bill No. 180. A bill to amend the Code relative to the valuation of county bonds.
The consent was gran ted.
By unanimous consent the following bills were withdrawn from their respective committees, read the second time and recommitted:
By Mr. Mathews of the 23rdSenate Bill No. 206. A bill to provide for the acceptance
of a plea of guilty in certain cases.
By Mr. Mathews of the 23rdSenate Bill No. 207. A bill to authorize the Solicitor to
prefer accusations in Superior Courts in certain counties.
By Mr. Mathews of the 23rdSenate Bill No. 211. A bill to amend the Act reorganiz-
MoNDAY, JuLY 29, 1929.
457
ing the State Highway Department.
Mr. Platt of the 7th asked unanimous consent that the following bill be withdrawn from the Committee on Highways, read the second time and recommitted:
By Mr. Platt of the 7th-
Senate Bill No. 2. A bill to define and allocate the State Highway fund for the use of construction and maintenance of the State Highways.
The consent was granted.
The following bills were introduced, read the first time, and referred to the Committees:
By Messrs. Platt of the 7th and Mashburn of the 51st-
Senate Bill No. 220. A bill to provide for the sanitary protection of the water resources of the State and to prevent the excessive pollution thereof or other conditions detrimental to public health.
Referred to Committee on Hygiene and Sanitation.
By Mr. Lawson of the 14th-
Senate Bill No. 221. A bill to amend the Act regulating banking in Georgia.
Referred to Committee on Banks and Banking.
By Mr. Zellars of the 30th-
Senate Bill No. 222. A bill to regulate the operation of trains by separate and independent railroads with reference to grade crosings.
Referred to Committee on Railroads.
458
JouRNAL oF THE SENATE,
By Mr. Williams of the 16th-
Senate Bill No. 223. A bill to provide for State Printing Commis~ion.
Referred to Committee on Public Printing.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judi.::iary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bills Nos. 56-83-155-156-416-434-435 and 449.
Respectfully submitted,
DoRsEY, Chairman.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the foilowing bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bills Nos. 113-114-246-300 and 535.
Respectfully submitted,
LANE, Chairman.
Mr. Atkinson of the 4th District, Chairman of the Committee on Military Affairs, submitted the following report:
MoNDAY, JuLY 29, 1929.
459
Mr. President:
Your Committee on Military Affairs has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 188.
Senate Bill No. 189.
Respectfully submitted,
ATKINSON, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 146 do not pass.
Respectfully submitted,
DoRsEY, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the Senate and Bouse and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
460
JOURNAL OF THE SENATE,
Senate Bills Nos. 195-196. House Bills Nos. 6Q-47Q-503-506-534-552.
Respectfully submitted, DAvis, Chair~an.
The following bills, favorable reported, were read the second time:
By Mr. Ham of the 6th-
Senate Bill No. 195. A bill to amend an Act incorporating the City of Valdosta.
By Mr. Ham of the 6th-
Senate Bill No. 196. A bill to authorize the City of Valdosta to transfer to general fund a certain sum of money derived from sale of bonds.
By Messrs. Ramspeck and Weekes of DeKalbHouse Bill No. 56. A bill to amend an Act establish-
ing Municipal Court of Atlanta.
By Messrs. Boykin and Henderson of Carroll-
House Bill No. 60. A bill to amend the charter of the City of Carrollton.
By Mr. Weeks of ColumbiaHouse Bill No. 83. A bill to abolish the fee system in
Augusta Judicial Circuit.
By Messrs. McElreath and Peebles of BartowHouse Bill No. 133. A bill to amend the charter of
Cartersville, Georgia.
MoNDAY, JuLY 29, 1929.
461.
By Messrs. McElreath and Peebles of Bartow-
House Bill No. 114. A bill to amend the charter of the City of Cartersville.
By Messrs. Cooper and Nottingham of Bibb-
House Bill No. 155. A bill to amend an Act providing for reporters in the City courts of <'ertain counties.
By Bibb Delegation-
House Bill No. 156. A bill to provide reporters in city courts of certain counties.
By Mr. Peebles of Bartow-
House Bill No. 246. A bill to amend the charter of the City of Cartersville.
By Messrs. McKoy and Kinnard of Coweta-
House Bill No. 300. A bill to amend the charter of the City of Newnan.
By Bibb Delegation-
House Bill No. 416. A bill to amend Penal Code relative to appointment and salary of special Criminal Bailiffs in certain counties.
By Mr. Bentley of Murray-
House Bill No. 434. A bill to repeal an Act abolishing fee system in Cherokee Circuit.
By Messrs. Bentley of Murray and Hardin of Whitfield-
House Bill' No. 435. A bill to abolish fee system existing in Superior Courts of Cherokee Circuit.
462
JouRNAL oF THE SENATE,
By Floyd Delegation-
House Bill No. 449. A bill to amend an Act establishing juvenile courts in certain counties.
By Messrs. Beaton and Stanton of Ware-
House Bill No. 407. A bill to amend the charter of the City of Waycross.
By Mr. Awtrey of Cobb-
House Bill No. 503. A bill to amend the charter of the City of Acworth.
By Mr. Byars of SpaldingHouse Bill No. 506. A bill to amend the charter of the
City of Griffin.
By Mr. Harrison of CamdenHouse Bill No. 534. A bill to amend an Act incorporat-
ing the City of Kingsland.
By Mr. Colson of Glynn-
House Bill No. 535. A bill to repeal an Act incorporating the Coligny Beach.
By Chatham Delegation-
House Bill No. 552. A bill to revise, alter and amend several Acts incorporating the Mayor and Councilmen of 'Fown of Tybee.
The following bills were read the third time and placed ~pon their passage:
By 'Mr. Ross of ApplingHouse Bill No: 97. A bill to vest in Tax Collectors of
MoNDAY, JuLY 29, 1929.
463
certain counties power of sheriff to collect tax fi. fas.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Felker and Chick of Walton-
House Bill No. 165. A bill to provide for election of members of General Assembly in certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Felker of Walton-
House Bill No. 227. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Walton.
Mr. Williams of the 27th offered the following amendment:
"Amend Section 2 of bill by striking the words 'on the 15th day of October, 1929," and inserting in lieu thereof the words 'on the last day of January, 1930.'"
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
464
JouRNAL OF THE SENATE,
By Mr. Phillips of Tift-
House Bill No. 272. A bill to provide that certain tax commissioners in certain counties shall have power of sheriffs to collect tax fi. fas.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 33, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Brannen and Cone of Bulloch-
Hause Bill No. 444. A bill to repeal an Act amending Section 1225 of Civil Code of Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Cail and Powell of Screven-
House Bill No. 483. A bill to amend an Act creating the city court of Sylvania.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
The following House Resolutions were read the first time and referred to the Committees:
MoNDAYJ JuLY 29, 1929.
465
By Mr. Beasley of Tattnall-
House Resolution No. 17. A resolution for the relief of M. J. Wright as surety on bond.
Referred to Committee on Special Judiciary.
By Messrs. Kinnard and McKoy of Coweta-
House Resolution No. 22. A resolution for relief of A. B. Bilbo.
Referred to Committee on Special Judiciary.
By Messrs. Chalker of Pulaski and Wilson of Wilcox-
House Resolution No. 25. A resolution for relief of C. T. Borrows.
Referred to Committee on Special Judiciary.
By Messrs. DuBose and Wood of Clarke-
House Resolution No. 45. A resolution for the relief of R. G. Davis.
Referred to Committee on Special Judiciary.
By Mr. Gillen of BibbHouse Resolution No. 69. A resolution for relief of
J. F. Herring.
Referred to Committee on Special Judiciary.
The following House Bills were read the first time and referred to the Committees:
By Mr. Freeman of Early-
House Bill No. 230. A bill to amend an Act fixing salary of the Treasurer of Early County.
Referred to Committee on Counties and County Matters.
466
JOURNAL OF THE SENATE,
By Mr. Bostwick of Morgan-
House Bill No. 245. A bill to amend the charter the Town of Rutledge.
Referred to Committee on Corporations.
By Mr. Burgin of Marion-
House Bill No. 294. A bill to amend an Act permitting the Treasurer of Marion County to pay premium on Tax Commissioner's bond.
Referred to Committee on Counties and County Matters.
By Mr. Freeman of Early-
House Bill No. 350. A bill to amend an Act creating the Tax Commissioner for Early County.
Referred to Committee on Counties and County Matters.
By Mr. Barrett of Stephens-
House Bill No. 452. A bill to amend an Act providing for Commi~sioners of Roads and Revenues for Stephens County.
Referred to Committee on Counties and County Matters.
By Mr. Freeman of Early-
House Bill No. 514. A bill to reimburse Tax Collectorof Early County for bond premium.
Referred to Committee on Special Judiciary.
By Mr. Burc.h of Dodge-
House Bill No. 545. A bill to amend an Act creating the office of Commissioner of Roads and Revenues for Dodge County.
Referred to Committee on Counties and County Matters~
MoNDAY, JuLY 29, 1929.
467
By Mr. Richardson of Lee-
Home Bill No. 546. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Lee County.
Referred to Committee on Counties and County Matters.
By Mr. Nelson of Cook-
House Bill No. 562. A bill to amend the charter of the Town of Lenox.
Referred to Committee on Municipal Government.
By Mr. Harrison of Camden-
House Bill No. 585. A bill to create the office of Commissioner of Roads and Revenues for Camden County.
Referred to Committee on Counties and County Matters.
By Mr. Harrison of Camden-
House Bill No. 586. A bill to repeal Act creating Board of Commissioners of Roads and Revenues for the County of Camden.
Referred to Committee on Counties and County Matters.
Mr. Terrell of the 36th District asked unanimous consent that the following bill be withdrawn from the committee, read the second time and recommitted:
By Mr. Terrell of the 36th-
Senate Bill No. 48. A bill relating to the power of sale in deeds of trust.
The consent was gran ted. The following privileged resolution was read and adopted:
468
JOURNAL OF THE SENATE,
By Mr. Goode of the 31st-
A resolution extending the privileges of the floor to Hon. W. B. Sloan during his stay in the City of Atlanta.
The following resolution was introduced, read and unanimously adopted:
By Messrs. Williams of the 27th and Zellars of the 30th-
Senate Resolution No. 42.
A RESOLUTION.
Whereas, death has entered the home of our worthy Chaplain, Rev. J. W. G. Watkins, and has taken his beloved wife therefrom.
Therefore be it resolved, That we extend sympathy to the Chaplain and his family.
Resolved further, that a copy of this resolution be spread on the minutes of the Senate Journal and a copy be sent to the family.
Resolvedfurther, That the President of the Senate appoint five Senators as an escort on the part of the Senate.
The President appointed the following Senators, to-wit:
Messrs. Ham of the 6th, Smith of the 25th, Barrett of the 32nd, Dame of the 5th and Harris of the 44th.
Under the head of unfinished business the following bill was taken up for consideration:
By Messrs. Smith of the 25th, Platt of the 7th and Ford of the lOth-
Senate Bill No. 57. A bill to amend the Workmen's Compensation Act, to define the liability of principal, and for other purposes.
MoNDAY, JuLY 29, 1929.
469
The Committee on Commerce and Labor moved to amend the bill as follows:
"By adding in the tenth line on page six (6) of said bill immediately following the word 'term' the following words, to-wit: 'or succeeding term'."
The amendment was adopted.
Mr. Williams of the 27th District asked unanimous consent that the bill be read again by the Secretary of the Senate.
Mr. Zellars objected.
Mr. Mathews moved that the Secretary read the bill again, and the motion prevailed.
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 26, nays 10.
The bill having received the requisite constitutional majority was passed as amended.
The following resolution was introduced and referred to the Committee on Rules.
By Messrs. Myrick of the 1st and Neill of the 24th-
Senate Resolution No. 43. A resolution empowering the Committee on Rules with the fixing of the calendar in the Senate each day, beginning July 30, 1929.
Mr. Myrick of the 1st District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has had under consideration the following resolution of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
470
JouRNAL oF THE SENATE,
Senate Resolution No. 43. Respectfully submitted, MYRICK, Vice-Chairman.
The following resolution was read and taken up for consideration:
By Messrs. Myrick of the 1st and Neill of the 24th-
Senate Resolution No. 43. A resolution empowering the Rules Committee to fix daily calendar in the Senate beginning July 30, 1929.
Mr. Rawls called for the previous question, and the call was sustained.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the passage of the resolution Mr. Wright of the 42nd District called for the ayes and nays, and the call was sustained.
The roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Alston, G. 0. Atkinson, B. A. Barrett, :r. B. R. Brewer, :r. 0. Dame, George M. Dorsey, :r. H. Fletcher, :r. M. Ford, P.B. Garrison, :r. M. Goode, Geo. L. Ham, T. 0.
Kidd, w. :r.
Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby .
Peek, Chas. W. Peebles, Leon L. Pickering, V. 0. Pitner, :r. M.
Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, :r. Hart Smith, :rno. A. Terrell, :r. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, 0. R.
Whaley, w. V.
Williams, E. M. Williams, Felix 0. Zellars, B. B.
Those voting m the negative were Messrs.:
Adams, Geo. W. Davis, :r. S.
Harris, B. F. King, E. R.
Nichols, A. :r. Wright, Seaborn
MoNDAY, JuLY 29, 1929.
471
Mr. Myrick of the 1st District asked unanimous consent to dispense with the verification of the roll~call.
Mr. Wright of the 42nd objected.
The Secretary verified the roll call.
On the passage of the resolution the ayes were 38, nays 6. The resolution having received the requisite two thirds constitutional majority was passed.
The following message was received from His Excellency, the Governor, through Mr. Wilson, the Secretary thereof:
Mr. President:
I am directed by His Excellency, the Governor, to deliver to the Senate a sealed communication in writing to which he respectfully directs the Senate's consideration in executive session.
The following resolution was read and adopted.
By Messrs. Neill of the 24th and Myrick of the 1st-
Senate Resolution No. 44. A resolution establishing nine o'clock A. M. as the hour of convening each day's session during the remainder of the session until otherwise ordered by the Senate.
Mr. Rawls moved that the Senate do now adjourn, and the motion was lost.
Mr. Myrick of the 1st District moved that the Senate go into executive session, and the motion prevailed.
By unanimous consent the session of the Senate was extended until the executive session was dissolved.
The Senate at 12:54 P. M. went into executive session.
The executive session was dissolved at 1:07 o'clock P.M.
Under a resolution previously adopted during the day the President declared the Senate adjourned until tomorrow morning at 9:00 o'clock.
472
JouRNAL oF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
TuESDAY, JuLY 30, 1929.
The Senate met pursuant to adjournment at 9:00 o'clock A. M. this day and was called to order by the President.
Prayer was offered by the Rev. J. P. Erwin, Pastor of
the College Park Methodist Church.
Mr. Rawls of the 8th asked unanimous consent to dispense with the roll call.
Mr. Smith objected.
Upon the call of the roll the following Senators answered to their names, to-wit:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham,T.C. Harris, B. F.
Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L.
Pickering, V. C. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render
Tyson, Wm. s.
Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
Mr. Mathews, Chairman of the Committee on Journals reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The following bills were introduced, read the first time and referred to Committees:
TuEsDAY, JuLY 30, 1929.
473
By Mr. Peebles of the 18th-
Senate Bill No. 224. A bill to confer a discretion upon the trial judge in both criminal and civil cases, in absence of written objections, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Myrick of the 1st-
Senate Bill No. 225. A bill to regulate marking, hiring and renting of electric storage batteries.
Referred to Committee on Manufactures.
By Messrs. Lawson and Sibley-
Senate Bill No. 226. A bill to define and provide for time of duration of charters granted to purchasers of railroads under provisions of Section 2586 of Code of 1910, and for renewal of such Charters.
Referred to Committee on General Judiciary No. 2.
By Mr. Terrell of the 36thSenate Bill No. 227. A bill to create and establish the
Securities Commission. Referred to Committee on Special Judiciary.
By Mr. Terrell of the 36thSenate Bill No. 228. A bill to authorize the practice of
Chiropody in Georgia. Referred to Committee on Hygiene and Sanitation.
By Mr. Myrick of the 1stSenate Resolution No. 45. A resolution providing for
the Oglethorpe Monument Commission of Savannah. Referred to Committee on State of the Republic.
474
JouRNAL oF THE SENATE,
Mr. McElmurray of the 17th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your Committee on Agriculture has had under consideration the following bills of the Senate and have instructed me, as chairman, to report the same back to the Senate with the recommendation as follows:
That Senate Bills Nos. 203 and 217 do pass.
That Senate Bill No. 210 do not pass.
Respectfully submitted,
McELMURRAY, Chairman.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations, has had under consideration the following bill of the House, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 245.
Respectfully submitted,
LANE, Chairman.
The following bills, favorably reported, were read the second time:
By Mr. Nichols of the 3rd-
Senate Bill No. 203. A bill to encourage the raising of better cattle in the open range counties of Georgia.
TuEsDAY, JuLY 30, 1929.
475
By Mr. Sibley of the 19th-
Senate Bill No. 217. A bill to regulate the sale of powdered milk.
The following House bill, favorably reported, was read the second time:
By Mr. Bostwick of Morgan-
House Bill No. . . . A bill to amend the charter of the Town of Rutledge.
The following privileged resolution was read and adopted.
By Mr. Mathews of the 23rd-
A resolutioH extending the privileges of the floor to Professor Ralph Newton of Waycross, Georgia, during his stay in the City.
The following Senate bills were read the third time and placed upon their passage:
By Mr. Ham of the 6th-
Senate Bill No. 195. A bill to amend the charter of the City of Valdosta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Ham of the 6th-
Senate Bill No. 196. A bill to allow the City of Valdosta to transfer certain funds.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
476
JouRNAL OF THE SENATE,
On the passage of the bill the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following House bills were read the third time and placed upon their passage:
By Messrs. Ramspeck and Weekes of DeKalb-
House Bill No. 56. A bill to amend an Act establishing Municipal Court of Atlanta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Boykin and Henderson of CarrollHouse Bill No. 60. A bill to amend the charter of the
City of Carrollton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Weeks of ColumbiaHouse Bill No. 83. A bill to amend an Act abolishing
Fee System of Augusta Judicial Circuit.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
TUESDAY, jULY 30, 1929.
477
The bill having received the requisite constitutional majority was passed.
By Messrs. McElreath and Peebles of Bartow-
House Bill No. 113. A bill to amend the charter of the City of Cartersville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. McElreath and Peebles of Bartow-
House Bill No. 114. A bill to amend the tharter of the City of Cartersville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Cooper and Nottingham of Bibb-
House Bill No. 155. A bill to amend an Act providing for reporters in city courts of certain <.ounties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
478
JouRNAL OF THE SENATE,
By Messrs. Cooper, Nottingham and Gillen of Bibb-
House Bill No. 156. A bill to provide reporters in city courts of certain counties.
The report of the committe, which was favorable to the passage of the bill, was agreed to.
On the passage of the- bill the ayes were 31, nays 0.
The bill having received the requisite c.onstitutional majority was passed.
By Mr. Peebles of Bartow-
House Bill No. 246. A bill to amend the charter of the City of Cartersville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. McKoy and Kinnard of Coweta-
House Bill No. 300. A bill to amend the charter of the City of Newnan.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0. The bill having received the requisite constitutional ma-jority wa~ passed.
By Messrs. Gillen, Nottingham and Cooper of Bibb-
House Bill No. 416. A bill to amend Penal Code relativeto appointment and salary of ~pecial criminal bailiffs in certain counties.
TuEsDAY, JuLY 30, 1929.
479
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Bentley of Murray-
House Bill No. 434. A bill to repeal an Act entitled an Act to abolish Fee System in Cherokee Judicial Circuit.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Bentley of Murray and Hardin of Whitfield-
House Bill No. 435. A bill to abolish the Fee System existing in Cherokee Judicial Circuit.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Beaton and Stanton of Ware-
House Bill No. 470. A bill to amend the charter of the City of Waycross.
The committee on Municipal Government proposed the following amendment:
"Amend bill by striking the words "Dan T. Cowart",
480
JouRNAL oF THE SENATE,
wherever thf'y appear and inserting in lieu thereof the words "Allen S. Morton."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Mr. Awtrey of Cobb-
House Bill No. 503. A bill to amend the charter of the City of Acworth.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pa~sage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Byars of Spalding-
House Bill No. 506. A bill to amend an Act amending the charter of the City of Griffin.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Harrison of Camden-
House Bill No. 534. A bill to amend an Act incorporating the City of Kingsland.
TuEsDAY, JuLY 30, 1929.
481
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Colson of Glynn-
House Bill No. 535. A bill to repeal an Act incorporating the Coligny Beach.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The biil having received the requisite constitutional majority was passed.
By Messrs. Mills, Grayson and Alexander of Chatham-
House Bill No. 552. A bill to revise, alter and amend several Acts incorporating the Town of Tybee.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Ross of ApplingHouse Bill No. 153. A bill to be entitled an Act to reg-
482
JouRNAL oF THE SENATE,
ulate hunting and fishing in the County of Appling, and for other purposes.
By Mr. Chalker of Pulaski-
House Bill No. 210. A bill to be entitled an Act to repeal Section 1 of an Act providing for the recall of the Commissioner of Roads and Revenues of Pulaski County, and for other purposes.
By Mr. Freeman of Early-
House Bill No. 564. A bill to be entitled an Act to provide for a Board of Commissioners for Early County, and for other purposes.
By Mr. Lochliear of Clinch-
House Bill No. 621. A bill to be entitled ah Act to create the office of Commissioner of Roads and Revenues for Clinch County, and for other purposes.
By Mr. Gullatt of Campbell-
House Bill No. 606. A bill to be entitled an Act to authorize the City of Fairburn to close a certain street, and for other purposes.
By Mr. Gullatt of Campbell-
House Bill No. 610. A bill to be entitled an Act to amend the Act incorporating the City of Fairburn, and for other purposes.
By Mr. Johnson of Seminole-
House Bill No. 528. A bill to be entitled an Act to provide for holding two terms of Seminole County Superior Court, and for other purposes.
TUESDAY, JuLY 30, 1929.
483
By Mr. Richardson of Lee-
House Bill No. 547. A bill to be entitled an Act for the protection of fur bearing animals in Lee County, and for other purposes.
By Mr. Mallard of CharltonHouse Bill No. 561. A bill to be entitled an Act to amend
the Act creating the Board of Commissioners of Charlton County, and for other purposes.
By Mr. Geer of Miller-
House Bill No. 571. A bill to be entitled an Act to repeal the Act creating the City Court of Miller County, and for other purposes.
By Mr. Gullatt of CampbellHouse Bill No. 581. A bill to be entitled an Act to es-
tablish the City Court of Fairburn, and for other purposes.
By Mr. Gullatt of Campbell-
House Bill No. 580. A bill to be entitled an Act to abolish the City Court of Fairburn, and for other purposes.
By Mr. Duncan of HoustonHouse Bill No. 584. A bill to be entitled an Act to pro-
vide for holding three terms each year of Houston County Superior Court, and for other purposes.
By Mr. Freeman of EarlyHouse Bill No. 594. A bill to be entitled an Act to
amend the Act establishing the City Court of Blakely, and for other purposes.
The following House bills were read the first time and referred to Committees:
484
JouRNAL OF THE SENATE,
By Mr. Ross of ApplingHouse Bill No. 153. A bill to regulate hunting and
fishing in the County of Appling.
Referred to Committee on Game and Fish.
By Mr. Chalker of Pulaski-
House Bill No. 210. A bill to repeal Section One of an Act providing for recall of Commissioners of Roads and Revenues of Pulaski County.
Referred to Committee on Counties and County Matters.
By Mr. Johnson of SeminoleHouse Bill No. 528. A bill to provide for holding two
terms of Superior Court in Seminole County.
Referred to Committee on Special Judiciary.
By Mr. Richardson of Lee-
House Bill No. 547. A bill to protect fur bearing animals in Lee County.
Referred to Committee on Game and Fish.
By Mr. Mallard of Charlton-
A bill to amend an Act creating a Board of Commissioners of Charlton County.
Referred to Committee on Counties and County Matters.
By Mr. Freeman of Early-
House Bill No. 564. A bill to provide for a Board of Commissioners of Early County.
Referred to Committee on Counties and County Matters.
TuEsDAY, JuLY 30, 1929.
485
By Mr. Geer of Miller-
House Bill No. 571. A bill to repeal an Act creating City Court of Miller Connty.
Referred to Committee on Special Judiciary.
By Mr. Gullatt of Campbell-
House Bill No. 580. A bill to abolish the City Court of Fairburn.
Referred to Committee on Counties and County Matters.
By Mr. Gullatt of Campbell-
House Bill No. 581. A bill to establish the City Court of Fairburn.
Referred to Committee on Counties and County Matters.
By Mr. Duncan of HoustonHouse Bill No. 584. A bill to provide for holding three
terms each year of Superior Court of Houston County. Referred to Committee on Special Judiciary.
By Mr. Freeman of EarlyHouse Bill No. 594. A bill to amend an Act establish-
ing the City Court of Blakeley. Referred to Committee on Special Judiciary.
By Mr. Gullatt of CampbellHouse Bill No. 606. A bill to authorize the City of Fair-
burn to close certain streets. Referred to Committee on Municipal G0vernment.
By Mr. Gullatt of CampbellHouse Bill No. 610. A bill to amend an Act incorporat-
486
JouRNAL OF THE SENATE,
ing the City of Fairburn. Referred to Committee on Municipal Government.
By Mr. Lochliear of Clinch-
House Bill No. 621. A bill to create the office of Commissioner of Roads and Revenues for Clinch County.
Referred to Committee on Counties and County Matters.
Mr. Myrick of the 1st District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President: Your Committee on Rules has established the follow-
ing calendar and order of business for the day: 1. Executive Session to consider nominations. 2. Senate Bill No. 144. 3. Senate Bill No. 143. 4. Senate Bill No. 150. 5. House Bill No. 10. 6. Senate Bill No. 171. 7. Senate Bill No. 25. Respectfully submitted, MYRICK, Chairman.
At 9:43, by unanimous consent; the Senate went into Executive Session.
The Executive Session was dissolved at 11:55 o'clock.
Mr. Terrell, Chairman of the Committee on Highways, asked unanimous consent that three hundred copies of the following bill be printed for the use of the committee, the Senate and the House.
TuEsDAY, JuLY 30, 1929.
487
The consent was granted.
Mr. Tyson of the Second District, Vice-Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1, has had under consideration the following bills of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 25 by Wright of the 42nd do pass, as amended.
Respectfully submitted,.
TYSON, Vice-Chairman.
The following privileged resolution was read and adopted.
By Mr. Williams of the 27th-
A resolution extending the privileges of the floor to Mrs. Frank A. Dennie of the 8th Congressional District during her stay in the City.
Under the order of business established by the Committee on Rules the following bill was placed upon its passage:
By Mr. Whaley of the 35th-
Senate Bill No. 144. A bill to allow natural and artificial gas companies to exercise the right of eminent domain.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, the nays 0.
488
JouRNAL OF THE SENATE,
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and taken up for consideration:
By Mr. Neill of the 24th-
Senate Bill No. 143. A bill to clearly specify securities and properties in which Insurance Companies may invest.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays O.
The bill having received the requisite constitutional majority was passed.
Mr. Neill of the 24th asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.
The following bill was read the third time and taken up for consideration :
By Mr. Smith of the 25th-
Senate Bill No. 150. A bill to regulate the statistics of the number of bales of cotton ginned.
The report of the committee, which was favorable to the passage of the bill, was disagreed to and the bill was lost.
The following bill was read the third time and placed upon its passage:
By Messrs. Neill of the 24th, Fletcher of the 22nd, and Whaley of the 35th-
Senate Bill No. 171. A bill to amend an Act relating to regulating and licensing real estate brokers.
TuEsDAY, JuLY 30, 1929.
489
Mr. Smith of the 25th moved that the Senate do now adjourn, and the motion was lost.
The committee offered the following amendments to the bill, and the same were adopted.
"Amend by adding to Section 31 the following language 'Provided further, that any county which may adopt this Act, as amended, in the manner hereinbefore provided, may thereafter terminate the operation of the same upon the recommendation of two successive grand juries of such county, made at regular terms of the Superior Court thereof, when such recommendations thereof are entered upon the minutes of said Court,' and further amend by inserting after the word 'jury' in the 28th line of the caption of the bill the following language 'and further providing that any such county may thereafter terminate the operation of said Act upon the recommendation .of two successive grand juries.' "
The report of the committee which was favorable to the passage of the bill, as amended, was agreed to.
Mr. Neill asked unanimous consent that the bill be tabled, and the consent was granted.
Mr. Pitner of the 50th asked unanimous consent that 300 copies of Senate Bill No. 25 be printed for the use of the Senate, and the House, and the consent was granted.
Mr. Lankford moved that the Senate do now adjourn, and the motion prevailed.
The President declared the Senate adjourned until tomorrow morning at 9:00 o'clock.
490
JouRNAL oF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, JuLY 31, 1929.
The Senate met pursuant to adjournment at 9:00 o'clock, A. M. this day and was called to order by the President.
Prayer was offered by the Rev. J. P. Erwin, Pastor of the College Park Methodist Church.
By unanimous. consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The following resolution was read and adopted.
By Mr. Smith of the 25th-
A resolution extending the privileges of the floor to
Hon. A. S. J. Stovall and Hon. Z. B. Rogers of the County
of Elbert during their stay in the City.
The following bills were introduced, read the first time and referred to Committees:
By Mr. Mickle of the 37th-
Senate Bill No. 229. A bill to amend the School Code of Georgia so as to provide five trustees for all school districts.
Referred to Committee on Education.
By Mr. Vaughn of the 34th-By Request-
Senate Bill No. 230. A bill to protect owners, contractors, laborers, material men and others.
Referred to Committee on General Judiciary No. 1.
WEDNESDAY, JuLY 31, 1929.
491
By Mr. Terrell of the 36th-
Senate Bill No. 231. A bill to amend the charter of the City of Manchester.
Referred to Committee on Corporations.
By Mr. Paulk of the 47th-
Senate Bill No. 232. A bill to amend an Act establishing a college of Agriculture and Mechanical Arts as a Branch of the University of Georgia.
Referred to Committee on University of Georgia.
By Mr. Zellars of the 30th-
Senate Bill No. 233. A bill to amend the constitution relative to instructing children in the elementary branches of an English education only, so make it read" For Educational purposes."
Referred to Committee on Constitutional Amendments.
Mr. Peek of the 38th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. President:
Your Committee on Hygiene and Sanitation, has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate, with the recommendation that the same do pass:
Senate Bill No. 160. A bill to amend an Act establishing a Board of Pharmacy.
Respectfully submitted, PEEK, Chairman.
492
JOURNAL OF THE SENATE,
Mr. Goode of the 31st District; Acting Chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution, has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass as follows:
Senate Bill No. 1.
Senate Bill No. 124.
Respectfully submitted,
GooDE, Chairman Pro Tern.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 182.
Respectfully submitted,
DAVIS, Chairman.
Mr. Lawson of the 14th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
WEDNESDAY, JuLY 31, 1929.
493
Mr. President:
Your Committee on General Judiciary No. 2, has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 216.
Respectfully submitted,
LAWSON, Chairman.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following 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. 452.
House Bill No. 545.
Respectfully submitted,
GooDE, Chairman.
Mr. Terrell of the 36th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bills of the Senate and House and has
494
JouRNAL OF THE SENATE,
instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 28.
Senate Bill No. 2 as amended.
Respectfully submitted, TERRELL, Chairman.
The following Senate bills, favorably reported, were read the second time:
By Mr. Lankford of the 15thSenate Bill No. 1. A bill to provide for a tax on incomes.
By Mr. Lawson of the 14th-
Senate Bill No. 124. A bill to amend the Constitution so as to classify property for taxation.
By Mr. Rawls of the 8th-
Senate Bill No. 160. A bill to amend an Act to establish Georgia Board of Pharmacy.
By Mr. Williams of the 16th-
Senate Bill No. 182. A bill to provide a commission to investigate the regulation of public utilities.
By Mr. Lawson of the 14thSenate Bill No. 216. A bill to amend Civil Code re-
lative to release of property.
The following House bills, favorably reported, were read the second time:
WEDNESDAY, JuLY 31, 1929.
495
By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 28. A bill to permit highway department to improve LaFayette extension road.
By Mr. Barrett of Stephens-
House Bill No. 452. A bill to amend an Act creating commissioners of Stephens County.
By Mr. Burch of Dodge-
House Bill No. 545. A bill to amend the Act creating a board of commissioners for Dodge County.
The following Senate bill was read the third time and placed upon its passage:
By Mr. Garrison of the 33rd-
Senate Bill No. 213. A bill to provide tax levy for certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
The following House bill was read the third time and placed upon its passage:
By Mr. Bostwick of Morgan-
Senate Bill No. 245. A bill to amend the charter of the Town of Rutledge.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
496
JouRNAL oF THE SENATE,
The bill having received the requisite constitutional majority was passed.
By unanimous consent the following bill was withdrawn from the committee on General Judiciary No. 2, read the second time and recommitted:
By Mr. Kennedy of Lamar-
House Bill No. 34. A bill to amend Code providing that Ordinaries in various counties can appoint guardians for idiots and insane persons.
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 by substitute, to-wit:
By Mr. Redwine of the 26th-
Senate Bill No. 95. A bill to be entitled an Act to provide a method of selecting official organ for publication of sheriff's sales, 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 requlSlte constitutional majority the following bills of the House, to-wit:
By Messrs. Beaton and Stanton of Ware and others-
House Bill No. 110. A bill to be entitled an Act to create a Special Text-Book Commission for the State of Georgia, and for other purposes.
WEDNESDAY, }ULY 31, 1929.
497
By Mr. Walker of Ben Hill-
House Bill No. 373. A bill to be entitled an Act to amend the Code relative to public printing m certain counties, and for other purposes.
The following House bills were read the first time and referred to Committees:
By Messrs. Beaton and Stanton of WareHouse Bill No. 110. A bill to create a Special Text Book
Commission for Georgia. Referred to Committee on Education.
By Mr. Walker of Ben HillHouse Bill No. 373. A bill to amend the Code relative
to public printing in certain counties. Referred to Committee on Public Printing.
The following resolution was read the third time and placed upon its passage:
By Mr. Pitner of the 50th-
Senate Resolution No. 37. A resolution g1vmg assent to congressional agricultural work.
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 26, nays 0.
The resolution having received the requisite constitutional majority was passed.
Mr. Smith of the 25th asked unanimous consent that the following bill be taken from the table:
498
JouRNAL OF THE SENATE,
By Mr. Neill of the 24thSenate Bill No. 171. A bill to regulate and license real
estate brokers.
The consent was granted.
Mr. Myrick of the 1st District, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President: Your committee on Rules has established the following
as the calendar of business for the day, to-wit: Senate Resolution No. 37. Senate Resolution No. 10. Senate Bill No. 8. Senate Bill No. 17. Senate Bill No. 171. Senate Bill No. 123. Senate Bill No. 112. Senate Bill No. 49. Senate Bill No. 70. Respectfully submitted, MYRICK, Vice-Chairman.
The following resolution was read, the third time and placed upon its passage:
By Mr. Myrick of the 1st-
Senate Resolution No. 10. A resolution to allow Governor to receive from Federal Government certain funds for the National Guard.
WEDNESDAY, JuLY 31, 1929.
499
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 29, nays 0.
The resolution having received the requisite constitutional majority was passed.
The following privileged resolutions were read and adopted.
By Mr. Smith of the 25th-
A resolution extending the privileges of the floor to Han. C. W. Matthews of the County of Talbot during his stay in the City.
By Mr. Mathews of the 23rd-
A resolution extending the privileges of the floor to Hon. J. H. Jones, former State Senator, during his stay in the City.
By Mr. Atkinson of the 4th-
A resolution extending the privileges of the floor to Han. Frank M. Scarlett of Glynn County during his stay in the City.
The following bill wao read the third time and placed upon its passage:
By Mr. Myrick of the 1st-
Senate Bill No. 8. A bill to allow railway and steamship companies to appoint special officers and policemen.
The Committee on Railroads proposed the following substitute:
500
JouRNAL OF THE SENATE,
A BILL.
To be entitled an Act To provide for the appointment of special officers and policemen, at the request of any companies or corporations operating railways, steamship lines and express companies operating on railways and steamships, and to provide for their compensation and prescribe their duties, responsibilities and requirements, to provide for their removal by the Governor, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it i's hereby enacted by authority of the same, that on and after the passage of this Act:
Section 1. Upon application of an Executive Officer of any railway company or corporation, steamship, or express company or corporation operating on railways or steamship lines doing business in this State, the Governor shall appoint special officefs, or policemen, for the protection and safety of all property and interests of such companies provided such officers or policemen are paid by such companies applying for their appointment, have been in the service of the company at least sixty days, is of good character and a resident of the State of Georgia for at least one year or longer; and such company or corporation shall file a list of such officers or policemen with the Sheriff of each county wherein such company or corporation does business and such officers or policemen shall be amenable to the Sheriff of any such county where such officers or policemen may be operating.
Sec. 2. Every policeman who is appointed and commissioned as provided in this Act, shall have all the powers, duties and responsibilities of sheriffs and other police officers throughout the State only while engaged in the protection and safety of property and passengers and interests of such companies during the term for which they are commissioned except in the service of civil process.
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501
Sec. 3. Each and every special officer or policeman appointed under the provisi0ns of this Act sh:::dl be required to enter into a good and sufficient bond, payable to the State of Georgia, in the sum of One Thousand Dollars, conditioned for the faithful performance of his duties; said bond to be filed with Secretary of State and approved by the Attorney General. Upon being commissioned under this act such policeman shall pay to the Secretary of State the sum of Two Dollars.
Sec. 4. Every policeman commissioned under this Act, while on duty, except when employed as detective, shall wear in plain view a metallic shield or badge with the words "Railroad Police" and the name of the company for whom appointed inscribed thereon; such badge to be of Police Regulation size.
Sec. 5. All such commissions issued under this Act shall automatically cease to be in effect and shall be revoked upon written notice to the Secretary of State by an executive officer of the company who applied for commission, that such person is no longer in their service, and thereupon the power of such officer shall cease and the records of issuance of the commission be so endorsed.
Sec. 6. The Governor may at any time revoke any commission issued under the provisions of this Act, after due notice to the officer concerned.
Sec. 7. All laws or parts of laws m conflict with this Act are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill the ayes were 29, nays 1.
The bill having received the requisite constitutional majority was passed, by substitute.
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Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following resolutions of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House resolutions Nos. 22, 25, 45, ~9 and 514.
Respectfully submitted,
DoRSEY, Chairman.
The following resolutions of the House, favorably reported were read the second time:
By Messrs. Kinnard and McKoy of CowetaHouse Resolution No. 22. A resolution for the relief
of A. B. Bilbo as surety on a bond.
By Messrs. Chalker of Pulaski and Wilson of Wilcox-
House Resolution No. 25. A resolution for the relief of C. T. Burrows as surety on a bond.
By Messrs. DuBose and Wood of Clarke-
House Resolution No. 45. A resolution for relief of R. G. Davis, surety on a bond.
By Mr. Gillen of Bibb-
House Resolution No. 69. A resolution for the relief J. F. Herring as surety on a bond.
The following House bill, favorably reported, was read the second time:
WEDNESDAY, }ULY 31, 1929.
503
By Mr. Freeman of Early-
House Bill No. 514. A bill to reimburse the Tax Collector of Early County for premium on bond.
The following bill was read the third time and placed upon its passage:
By Mr. Mathews of the 23rd-
Senate Bill No. 17. A bill to amend an Act providing for the appointment by ordinaries of guardians for lunatics and insane persons.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 29, nays 1.
The bill having received the requisite constitutional rna. jority was passed.
The following bill was taken up for consideration:
By Messrs. Neill of the 24th, Fletcher of the 22nd and Whaley of the 35th-
Senate Bill No. 171. A bill to amend an Act regulating and licensing real estate brokers.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
Mr. Smith of the 25th asked unanimous consent that the Senate reconsider its action in agreeing to the report of the committee, and the consent was granted.
Mr. Smith proposed the following amendment:
Amend by striking from the caption of the bill the words' "Providing that any county may come within the terms of said Act upon recommendation of its grand jury," entered upon its minutes:
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JOURNAL OF THE SENATE,
The amendment was adopted.
Mr. Smith further moves to amend:
"By striking from the bill Section 31 in its entirety and numbering following sections accordingly."
The amendment was adopted.
Mr. Smith of the 25th asked unanimous consent that the Senate reconsider its action in adopting the committee amendment to the bill on yesterday, and the consent was granted.
By unanimous consent the committee amendment was lost.
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 34, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following bill was read the third time and placed upon its passage:
By Mr. Smith of the 25th-
Senate Bill No. 123. A bill to amend an Act providing for the electrocution of condemned persons.
Mr. Zellars of the 30th called for the previous question and the call was sustained.
Mr. Tyson of the 2nd moved to amend the bill as follows:
"Amend bill by striking the whole of Section 1, and inserting in lieu thereof, the following 'Section 1. The State shall pay for all executions in capital cases where the sentence is death by electrorution.' "
The amendment was adopted.
WEDNESDAY, jULY 31, 1929.
505
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 26, nays 4.
The bill having received the requisite constitutional majority was passed, as amended.
The following privileged resolution was read and adopted.
By Mr. Wright of the 42nd-
Senate Resolution No. 46. A resolution requesting the House to return to the Senate House Bill No. 113.
The following privileged resolutions were read and adopted:
By Mr. Terrell of the 36th-
A resolution extending the privileges of the floor to Judge Henry A. Mathew of the County of Peach during his stay in Atlanta.
By Mr. Zellars of the 30th-
A rewlution extending the privileges of the floor to Prof. W. I. Haley of the County of Hart during his stay in Atlanta.
The following bill was read the third time and placed upon its passage:
By Mr. Zellars of the 30th-
Senate Bill No. 112. A bill to regulate the motor transportation of this State.
Mr. Nichols of the 3rd called for the previous question and the call was sustained.
Mr. Zellars of the 30th proposed the following substitute to the bill:
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JouRNAL oF THE SENATE,
A BILL.
Entitled: An Act to regulate the manner in which motor vehicles transporting passengers or freight for hire upon, over and along the public highways of Georgia may be operated; to provide for the regulation of such vehicles by the Public Service Commission of Georgia; to provide for the filing of suits against persons, firms or corporation operating such motor vehicles; to provide for bonds in the operation of such motor vehicles; to provide for rules and regulation of such motor vehicles by said Public Service Commission of Georgia; to provide that said commission shall have the right and authority to regulate schedules; to provide that said commission shall regulate the rates as shall hereinafter be provided; and to provide that all such motor vehicle transportation shall be classed and be termed as a common carrier; and also to provide penalties for a violation of this Act; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same as follows, Definitions:
(a) The word "Commission" means the Public Service Commission of this State.
(b) The term "Corporation" when used in this Act means a corporation, a company, association, or joint stock association.
(c) The term "person" means an individual firm or co-partnership.
(d) The word "Certificate" means the Certificate of Public Convenience and Necessity authorized to be tssued under the provisions of this Act.
(e) The term "public highway" means every public street, road or highway in this State.
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507
(f) The term "Motor Vehicle" shall include all vehicles or machines propelled by any power other than muscular used upon the public highways for the transportation of persons or property for compensation as common carrier, except motor vehicles used exclusively in transporting children to or from school, or by any transportation company exclusively engaged in operating taxi-cabs, or hotel buses to and from a depot to a hotel in the same town or city.
(g) The words "between fixed teminal or over a regular route" when used in this Act means the terminal or route between or over which any motor transportation company usually or ordinarily operates an motor vehicles, even though there may be departures from said termini or route, whether any motor propelled vehicle is being operated or to be operated "between fixed termini or over a regular route" within the meaning of this Act, shall be a question of fact to be determined by the Commission, and the finding of the Public Service Commission thereon shall be final except as to appeal and review as hereinafter provided.
(h) The term "motor transportation company" when used in this Act means every corporation, firm, company, association, or person, their lessees, trustees or receivers, owning, controlling, operating or managing any motor propelled vehicle not usually operated on or over rails, used in the business of transporting persons or property for compensation or as common carrier over any public highway in this State between fixed termini or over a regular route; Provided: that the term "motor transportation company" as used in this Act, shall not include corporations or persons engaged exclusively in the transportation of children to or from school, or any transportation company exclusively engaged in operating taxi-cabs, or hotel buses from a depot to a hotel in the same town or city.
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JouRNAL OF THE SENATE,
(i) For the purpose of this Act all vehicles equipped to carry a load which are attached to and drawn by a motor vehicle are hereby defined as trailers and shall be classed as motor vehicles and subject to the provision of this Act.
(j) The term width of tread means the width of the vehicle measuring from the center of the tread of outside tire to the center of tread of the opposite outside tire.
Sec. 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, that every person, firm, company, association, or corporation, owning and operating motor vehicles for hire, and for the purpose of transporting passengers or property over, upon and along the Public Highways of this State shall be classed and termed as common carrier.
Sec. 3. Be it further enacted by the authority aforesaid, that the Public Service Commission of Georgia, shall have the authority, power and jurisdiction, to regulate the operation of such common carriers as defined in Section 1 of this Act. It shall be the duty of the Public Service Commission to regulate the minimum amount of service which shall be rendered as such common carriers, the safety of such operations, and to approve fair and reasonable rates of fare and tariffs for passengers or property.
Sec. 4. Be it further enacted by the authority aforesaid, that no person, firm, company, association or corporation, shall operate any such motor vehicle for hire, and for the purpose of transporting of passengers or property over, and along any fixed route or routes and between fixed termini in this State over any regular route or routes, without first obtaining from said Commission a certificate of convenience and necessity to operate such motor vehicles, and that such certificate of convenience and necessity shall be issued and granted upon written petition filed with said Commission in such form as said Commission may prescribe and require, and upon such
WEDNESDAY, JULY 31, 1929.
509
terms and conditions as said Commission may fix and require by certain uniform rules, provided that ten days' notice in writing shall be given to all motor vehicle operators affected by an application for a certificate of convenience and necessity to operate any such motor vehicle or vehicles as are herein provided for, provided further that said Commission in their discretion may amend, modify, or revoke any certificate of convenience and necessity so issued, under and by virtue of this Act, when it shall appear that any such person, firm, company, association or corporation holding said certificate has wilfully and persistently violated the terms and conditions of any such certificate of convenience and necessity so issued and granted, or has failed and refused to comply with the provisions of this Act, and provided further that all hearings for a certificate of convenience and necessity to operate motor vehicles under this Act, that all rules of evidence and law now controlling courts of law and trials in the Superior Courts in this State, shall prevail and be adhered to by said Commission; and provided further that from any decision of said Commission an appeal may be obtained and submitted to a jury in the Superior Courts of this State under the same rules and regulations as for an appeal from the inferior courts now in use; and no payment of costs nor the giving of bond or bonds shall be required in such appeals. The Public Service Commission shall not grant a certificate of convenience and necessity to operate such motor vehicles except under the provision of Section 6 hereof or unless the public convenience and necessity require such operation. Such certificate may be subject to any limitations or restrictions considered proper by the Commission and may be granted in whole or for a part of the service applied for.
Sec. 5. Be it further enacted by the authority aforesaid, that in considering applications for permits to operate motor vehicles as provided for under this Act, that the same shall be considered with reference to motor trans-
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JOURNAL OF THE SENATE,
portation companies transporting passengers or property for hire upon the Public Highways of this State only, and that the existence of all other forms of passenger or freight transportation upon the Public Highways of this State or otherwise, shall have no bearing and shall not be considered under the terms and provisions of this Act.
Sec. 6. Be it further enacted by the authority aforesaid, that in carrying out the terms and provision of this Act, that said Commission shall give full and complete preference to all persons, firms, companies, associations or corporations, actually operating such motor vehicles for the transportation of persons or property for hire over, along and upon the Public Highways of this State, and over, along and upon fixed route or routes and between fixed termini regularly, and in good faith for the entire period of 60 days prior to the passage of this Act, shall as a matter of right, automatically and without hearing receive a certificate of convenience and necessity for such operation upon filing with the Commission an affidavit setting forth that such person, firm, company, association or corporation has operated motor vehicles for hire over such route or routes in good faith for said 60 day period.
Sec. 7. Be it further enacted by the authority aforesaid, that when an application is made and filed with said Commission, for a certificate of convenience and necessity to operate a motor transportation company upon the public Highways of this State by any person, firm, company, association or corporation, under the provision of this Act, that it shall be the duty of said Commission to notify all parties at interest, as aforesaid, and to fix a date for the hearing of such applications, within thirty days from the date of the filing of any application for a certificate of convenience and necessity as provided for by this Act, provided that in case of an application excepting an application under Section 6 hereof for a certificate of convenience and necessity to operate a motor vehicle over, along and upon a fixed and regular route and between fixed
WEDNESDAY, JULY 31, 1929.
511
termini, then being served and upon which any person, firm, company, association or corporation, may have a regular daily schedul~ or schedules, then and in that event said commission shall determine at such hearing as to all such persons, companies, associations or corporations so operating motor vehicles as aforesaid, and all such persons, firms, companies, associations or corporations, shall be given reasonable time and opportunity within the discretion of said Commission to improve and to correct such service as may be required and in the way and manner and under such terms as said Commission, shall provide; and provided further that in c.ase that an additional bus or motor vehicle or motor vehicles is required to properly serve the public convenience and necessity, then and in that event all such persons, firms, companies, associations or corporations, that are then operating such motor vehicles as before mentioned, shall be given the privilege of adding the required and additional motor vehicles in order to meet the requirements of said Commission.
Sec. 8. Be it further enacted by the authority aforesaid, that the Public Service Commi.;sion of Georgia is hereby authorized and empowered to adopt and promulgate rules and regulations governing the practice and procf"dure before the Commission, safety of operation, and providing for the inspection of equipment, the operation of emergency equipment and to classify the types of character of such motor vehicle operators into the different classes according to the territory served.
Sec. 9. Be it further enacted by the authority aforesaid, that all rates of fare and tariffs shall be just and reasonable and subject to the approval of the Public Service Commission.
Sec. 10. Be it further enacted by the authority aforesaid, that before a certificate of convenience and necessity to operate such motor vehicle or motor vehicles shall be issued, the applic.ant shall file with said Commission, bond
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JouRNAL oF THE SENATE,
with surety satisfactory to the Commission or a policy of indemnity insurance for the following amounts, to-wit: not less than $5,000.00, for the injury or death of any one person, or $10,000.00, per motor vehicle for injury or death to more than one person in any one accident, and $1,000.00, for property damage, and that all such bond or in.mrance policies herein required shall be given for the protection of persons and property. Such bond or insurance policies shall contain a provision that the sureties or insurance company will pay any and all final judgments rendered against the assured due to or rising out of injuries to persons, or property caused by the negligence of the assured or its employees and within not less than the limitations hereinabove set forth. The insolvency of the assured shall not be a defense for the payment of such judgment by said surety or insurance company.
Sec. 11. Be it further enacted by the authority aforesaid, that in all cases where the person or property of an individual, or such property destroyed, by the carelessness, negligence, or improper conduct of any person, firm or corporation, or agent of said person, firm or corporation while transacting the business of his principal; who are operating motor vehicles under the provision of this Act, that said person, firm or corporation shall be liable to pay damages for the same to any one whose property or person may be injured or destroyed. Suits for the recovery of such liability may be filed in the county where the injury occurred or where the property was damaged or destroyed.
Sec. 12. Be it further enacted by the authority aforesaid, that no person, firm, company, association or corporation, holding a certificate of convenience and necessity under the provision of this Act, shall permit any person to be employed as driver of any such motor vehicles under the provision of this Act, until sue h driver shall have first obtained from said Commission what is and what shall be known as a Driver's License, or permit and that said
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513
Commission shall have the right and authority to make such rules and regulations with respect to the fitness and qualifications of all such drivers as said Commission in their judgment may seem right and proper for the safety of passengers thus being transported by said motor vehicle operators, and provided, however, that all such drivers shall pay to said Commission for a driver's permit such fee as may be required by the Commission to defray the expense of issuing said permit.
Sec. 13. Be it further enacted by the authority aforesaid, that a motor transportation company holding a certificate of Public Convenience and necessity as provided for in this Act may depart from the route described in such certificate if compelled t6 detour on account of the closing of roads or for the purpose of transporting chartered or excursion parties to points not on such route, and not exclusively on a route served by any other certificate holder, and may receive for such service, compensation as may be agreed upon between the carrier and the party or parties so served.
Sec. 14. Be it further enacted by the authority aforesaid, that the owners and operators of all motor vehicles directed to be common carriers by this Act who do not come within the classification set forth in Section 6 of this Act, may within the period of thirty days after the passing of this Act, file an application for a certificate of public convenience and necessity under this Act and upon filing such application shall be permitted to continue operating until such application has been decided and disposed of by the Commission. All such applications shall be heard by the Commission within 90 days from the passage of this Act.
Sec. 15. Be it further enacted by the authority aforesaid, that the Commission shall not make any unreasonable or arbitrary decisions, orders, rules or regulations and the Supreme Court of the State of Georgia is hereby in-
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JouRNAL OF THE SENATE,
vested with authority -to amend, modify, devise or set aside any order, rule, regulation or decision of said Public Service Commission of Georgia.
Sec. 16. Be it further enacted by the authority aforesaid that the Commission shall employ such necessary clerks, inspectors and employees on such terms and conditions as said Commission shall deem advisable and necessary to carry out the provisions of this Act.
Sec. 17. Be it further enacted by the authority aforesaid, that neither this Act nor any provision hereof shall apply or be construed to apply to commerce with foreign nations or commerce among the several States of the Union except insofar as the same may be permitted under the provision of the Constitution of the United States and the Acts of Congress.
Sec. 18. Be it further enacted by the authority aforesaid, that any person, for himself or on behalf of any other operating any motor vehicle in violation of the provisions of this Act, or any rules or regulations fixed by the Public Service Commission of Georgia, shall upon conviction therefor, be punished as for a misdemeanor.
Sec. 19. Be it further enacted by the authority aforesaid, that if any firm, company, association or corporation violating the provisions of this Act, or any rules or regulations so fixed by said Commission, that all such officers of any such firm, company, association or corporation upon conviction therefor, shall be punished as for a misdemeanor.
Sec. 20. 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.
Sec. 21. Be it further enacted by the authority aforesaid, that this Act shall become effective on September 1st, 1929.
WEDNESDAY, JuLY 31, 1929.
515
Mr. Peebles of the 18th moved to amend the substitute as follows:
"By adding at the end of Section 4, the following: 'This Act does not in tend to give said person, firms or corporations a franchise; but a permit to operate subject to the rules and regulations of the Public Service Commission; said Public Service Commission to have the authority to revoke said permit when they consider it for the best interests of the State.' "
The amendment to the substitute was adopted.
Mr. Williams of the 16th moved to amend the substitute as follows:
"Amend Section 18 of Senate Bill No. 112 by adding after the word "Georgia" in the 4th line of said Section the word "wilfully."
The amendment was adopted.
Mr. Williams further moved to amend the substitute as follows:
"Amend Section 19 by adding the word "wilfully" after the word "corporation" in the second line of said Section."
The amendment was adopted.
Mr. Williams of the 16th moved to amend the substitute as follows:
"Amend Section 4, line 26 of said bill by adding after the word "State" in said line the following 'and in the County where the operator of such motor vehicle resides,' so that said line in said Section when amended will read "and submitted to a jury in the Superior Courts of this State and in the County where the operator of such motor vehicle resides under the same rules, etc."
On the amendment Mr. Williams of the 16th called for the ayes and nays and the call was sustained.
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JouRNAL oF THE SENATE,
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Barrett, J. B. R. Bird, A. J. Dame, George M. Garrison, J. M.
Lankford, Geo. W. Lokey, C. E. Sibley, J. Hart Tyson, Wm. S.
Williams, E. M. Williams, Felix C. Wright, Seaborn
Those voting in the negative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Goode, Geo. L. Ham, T. C. Harris, B. F. Hyman, J. E.
Lane, W. T. Lawson, H. F. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W.
Ayes 11, Nays 32.
Peebles, Leon L. Pickering, V. C. Pitner, J. M. Platt, Wm. H. Redwine, Chas. D. Smith, Jno. A. Terrell, J. Render Vaughn, C. R. Whaley, W. V. Zellars, B. B.
The ayes were 11 and the nays were 32, and the amendment was therefore lost.
Mr. Williams moved that the Senate reconsider its action in defeating the amendment, and the motion was lost.
The substitute as amended was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, as amended, was agreed to.
On the passage of the bill the ayes were 40, the nays 1.
The bill having received the requisite constitutional majority was passed by substitute, as amended.
Mr. Rawls asked unanimous consent that the bill be immediately transmitted to the House.
WEDNESDAY, JuLY 31, 1929.
517
Mr. Williams of the 16th objected.
Mr. Rawls moved that the bill be immediately transmitted to the House and the motion prevailed.
The following bill was read the third time and placed upon its passage:
By Mr. Myrick of the 1st-
Senate Bill No. 49. An Act to amend the Constitution of Georgia so as to provide for the retirement of Justices of the Supreme Court on salary and for other purposes.
Mr. Pitner of the 50th moved to amend the bill as follows:
"Amend by fixing the salary of Judge upon retirement be continued to the date of his death at 75% of the salary he was drawing at the time of his retirement."
Mr. Rawls asked unanimous consent that the amendment be adopted and the consent was granted.
Mr. Ford of the lOth moved to amend as follows: "To amend by striking the word 'or' in the 7th line of Section 1 of said Bill."
Mr. Rawls ask~d unanimous consent that the amendment be adopted, and the consent was granted.
Mr. Lankford moved that the bill and all amendments be tabled, and the motion was lost.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
The bill being a constitutional amendment the roll call was ordered and the vote was as follows:
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JOURNAL OF THE SENATE,
Those voting in the affirmative were Messrs.:
Atkinson, B. A.
Dorsey, J. H.
Fletcher, J. M. Ford, P. B.
Goode, Geo. L.
Ham, T. c.
Lane, W. T.
Mashburn, Marcus Mathews, Sam M. Myrick, Shelby Pitner, J. M. Platt, Wm. H. Rawls, H. G. Smith, Jno. A.
Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Dame, George M. Davis, J. S. Garrison, J. M.
Harris, B. F. Hyman, J. E. King, E. R. Lankford, Geo. W. Lawson, H. F. Lokey, C. E: McElmurray, W. L.
Mickle, c. M.
Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. C. Redwine, Chas. D. Sibley, J. Hart Whaley, W. V.
On the passage of the bill the ayes were 21, nays 25.
The bill having failed to receive the requisite two-thirds constitutional majority was lost.
The following bill was read the third time and placed upon its passage:
By Messrs. Allen of the 41st, Vandiviere of the 39th and Tyson of the 2nd-
Senate Bill No. 70. A bill to amend the Constitution of Georgia so as to increase poll tax from one dollar to two dollars.
Mr. Vandiviere of the 39th asked unanimous consent that the session be extended until the bill under consideration is disposed of, and Mr. Zellars of the 30th objected.
WEDNESDAY, }ULY 31, 1929.
519
Mr. Neill moved that the Senate do now adjourn, and the motion prevailed.
Mr. Brewer of the 46th asked unanimous consent that he be granted a leave of absence until Monday morning next on account of important business, and the consent was gran ted.
The President Pro Tempore, Mr. Williams of the 27th declared the Senate adjourned until tomorrow morning at 9:00 o'clock.
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JouRNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, AucusT, 1, 1929.
The Senate met pursuant to adjournment at 9:00 o'clock A. M. this day and was called to order by the President Pro Tempore.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals repo~ted that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The following resolution was introduced, and ordered to lay on the table one day:
By Mr. Alston of the 12th-
Senate Resolution No. 48. A resolution requesting certain information from the Banking Department.
By unanimous consent the following bill was taken up for consideration for the purpose of concurring in the House substitute to the same:
By Mr. Redwine of the 26th-
Senate Bill No. 95. A bill to regulate manner of selecting official Organs in certain counties.
The House adopted the following substitute, to-wit:
THuRsDAY, AucusT 1, 1929.
521
A BILL.
To be entitled an Act to amend an Act approved August 15, 1915, codified as No. 6065 (a) of Park's Annotated Code (1914), entitled "An Act to regulate the manner of selecting official county newspapers, to provide how same shall be changed, and for other purposes," as amended by an Act approved August 11, 1922, by providing the method for selecting the official organ for publication of sheriff's sales, and other official or legal advertising, in counties having a population of not less than 11,370 and not more than 11,450, according to the census of the United States for 1920, or any future census, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, that an Act approved August 15, 1915, codified as No. 6065 (a) of Park's Annotated Code (1914), entitled "An Act to regulate the manner of selecting official county newspapers, to provide how same shall be changed, and for other purposes", as amended by an Act approved August 11, 1922, be and the same is hereby amended by adding at the end of Section one thereof the following: "Provided, further, that in counties of this State having a population of not less than 11,370, and not more than 11,450, according to the United States Census of 1920, or any future census, the Sheriff, Ordinary, and Clerk of the Superior Court, or a majority of such officers, may select any newspaper published in any such county as the official organ of said county for publication of sheriff's sales, ordinary's citations, and any other advertising commonly known and termed "official or legal advertising" and required by law to be published in such county official newspaper", so that said Section one, as amended, shall read as follows:
"Sec. 1. Be it enacted by the General Ass~mbly 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,
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JOURNAL OF THE SENATE,
no journal or newspaper published in this State shall be declared or made the official organ of any county for the publication of Sheriff's sales, Ordinary's citations or any other advertising commonly known and termed "official or legal advertising," and required by law to be published in such county official newspaper unless such newspaper shall have been continuously published and mailed to a list of bona-fide subscribers for a period of two years, or is the direct successor of such journal or newspaper, and no change shall be made in official organship of any county except in those counties in which there is a city having a population of between 38,000 and 52,900 according to the official census of the United States for the year 1920, upon the action of the County Commissioners or a majority of said officers and in all other counties upon the concurrent action of the Ordinary, Sheriff and Clerk of the Superior Court of said county, or a majority of said officers: Provided, That in counties where no journal or newspaper has been established for two years the official organ may be designated by the Ordinary, Sheriff and Clerk of the Superior Court, a majority of these officers governing. Provided, further, that in counties of this State having a population of not less than 11,370, and not more than 11,450, according to the United States Census of 1920, or any future census, the Sheriff, Ordinary, and the Clerk of the Superior Court, or a majority of such officers, may select any newspaper published in any such county as the official organ of said county for publication of Sheriff's sales, Ordinary's citations, and any other advertising commonly known and termed 'official or legal advertising,' and required by law to be published in such county official newspaper."
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.
By unanimous consent the Senate concurred m the House Substitute.
THURSDAY, AuGUST 1, 1929.
523
. Mr. J. R. Terrell of the 36th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 117.
Respectfully submitted, TERRELL, Chairman. SMITH, Secretary.
Mr. Lawson of the 14th District, Chairman of the Committee on General Judiciary No.2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the .same back to the Senate with the recommendation that:
Senate Bill No. 80 do pass.
House Bill No. 34 do pass.
Respectfully submitted, LAwsoN, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
524
JouRNAL oF THE SENATE,
Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 562.
House Bill No. 606.
House Bill No. 610.
Respectfully submitted,
DAvis, Chairman.
Mr. Brewer of the 46th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President:
Your Committee on State of the Republic has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Resolution No. 45.
Respectfully submitted,
BREWER, Chairman.
Mr. Mashburn of the 51st District, Chairman of the Committee on Public Printing, submitted the following report:
Mr. President:
Your Committee on Public Printing has had under consideration the following bill of the House and Senate and
THURSDAY, AuousT 1, 1929.
525
has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 205. House Bill No. 373.
Respectfully submitted, MASHBURN, Chairman.
Mr. Brewer of the 46th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President:
Your Committee on State of the Republic has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 193.
Respectfully submitted,
BREWER, Chairman.
Mr. Whaley of the 35th District, Chairman of the Committee on Public Property, submitted the following report:
Mr. President:
Your Committee on Public Property has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Resolution No. 40.
Respectfully submitted,
WHALEY, Chairman.
526
JouRNAL OF THE SENATE,
Mr. Ford of the lOth District, Vice-Chairman of the Committee on Commerce and Labor, submitted the following report:
Mr. President:
Your Committee on Commerce and Labor has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 186 as amended. Respectfully submitted,
FoRD, Vice-Chairman.
The following Senate resolutions and bills, favorably reported were read the second time:
By Mr. Terrell of the 36thSenate Resolution No. 40. A resolution g1vmg the
Department of Archives authority to accept gift of the A. G. Rhodes Estate.
By Mr. Myrick of the 1stSenate Resolution No. 45 A resolution providing for
the Oglethorpe Monument Commission of Savannah.
By Mr. Lane of the 13thSenate Bill No. 117. A bill to require safety devices on
public highways at rivers.
By Mr. Garrison of the 33rdSenate Bill No. 186. A bill to provide one day's rest in
seven.
THURSDAY, AUGUST 1, 1929.
527
By Mr. King of the 11th-
Senate Bill No. 193. A bill to abolish the Board of Public Welfare.
By Mr. Whaley of the 35th-
Senate Bill No. 205. A bill to amend an Act creating office of Superintendent of Public Printing.
The following House bills, favorably reported, were read the second time:
By Mr. Walker of Ben Hill-
House Bill No. 373. A bill to amend the Code relative to public printing.
By Mr. Nelson of Cook-
House Bill No. 562. A bill to amend the charter of the Town of Lenox.
By Mr. Gullatt of Campbell-
House Bill No. 606. A bill to authorize the City of Fairburn to close a certain street.
By Mr. Gullatt of Campbell-
House Bill No. 610. A bill to amend an Act incorporating the City of Fairburn.
The following bills of the House were read the third time and placed upon their passage:
By Messrs. Davis, Crawford and Lanham of FloydHouse Bill No. 449.
A bill to amend an Act establishing in certain counties Juvenile Courts.
528
JouRNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Barrett of Stephens-
House Bill No. 452. A bill to amend an Act providing for Commissioners of Roads and Revenues for Stephens County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Burch of Dodge-
House Bill No. 545. A bill to amend an Act creating the office of Commissioner of Roads and Revenues for Dodge County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
The following House bill was read the third time and placed upon its passage:
By Mr. Geer of Miller:
House Bill No. 236. A bill to repeal an Act amending an Act creating the City Court of Miller County.
THURSDAY, AucusT 1, 1929.
529
The Committee on Special Judiciary moved to amend as follows:
Amend bill as follows:
By adding a new section following Section 1, to be known as Section 2, and numbering the remaining sections accordingly.
"Be it further enacted by the authority aforesaid that before the provisions of this bill shall go into effect it shall be the duty of the ordinary to submit it to the voters of the county, and the ordinary shall appoint the managers and clerks of the election and have the ballots printed and the managers shall make returns to the ordinary and he shall declare the result, and on the tickets shall be printed the words "For Repeal" and on the other set of tickets shall be printed the words "Against Repeal" and if more votes are cast for the repeal than against the repeal then this Act takes effect: Provided a majority of all the qualified voters of said county participate in the election (on one side or the other) it being the intention of this provision to get out a full vote and if those who vote for the law to be repealed and those who vote against the law being repealed as set forth in this bill when added together constitute a majority of all the qualified voters of said county then that meets the requirements of this referendum.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
Th~ following bill was read the third time and placed upon 1ts passage:
530 ~
JOURNAL OF THE SENATE,
By Mr. Geer of Miller-
House Bill No. 237. A bill to amend an Act amending an Act creating the City Court of Miller County.
The Committee on Special Judiciary moved to amend as follows:
"By adding a new section, to be known as Section 5, and renumbering Section 5 of the bill as Section 6. The New Section so added is as follows: Be it further enacted by the authority aforesaid, that before the provisions of this bill shall go into effect it shall be the duty of the Ordinary to submit it to the voters of the county, and the ordinary shall appoint the managers and clerks to hold said election, and have the ballots printed and pay for same out of the treasurer, and the managers and clerk shall make their returns to the ordinary of the county and he shall declare the result. The tickets shall have printed on them "For Amendments" and on the other set of tickets the words "Against Amendment" and if more votes are cast for the amendment than there are against them this Act goes in to effect; provided a majority of all the qualified voters of said county participate in the election (on one side or the other) it being the intention of this provision to get out a full vote and if those who vote for the law and those who vote against the law as incorporated in this bill, when added together constitute a majority of all the qualified voters of said county, then that meets the requirements of this referendum.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following House bill was read the third time and placed upon its passage:
THURSDAY, AucusT 1, 1929.
531
By Mr. Geer of Miller-
House Bill No. 238. A bill to amend an Act creating City Court of Miller County.
The Committee on Special Judiciary moved to amend as follows:
REFERENDUM.
Be it further enacted by the authority aforesaid and it is hereby enacted that it shall be the duty of the Ordinary of Miller County, Georgia, immediately upon the passage of this Act to call an election at all the voting precincts in said county and submit to the qualified voters of said county, the question as to whether or not there shall be added to the original Act creating the City Court of Miller County, which Act was approved August 8th, 1908, four Sections to be numbered 45, 46, 47, 48, as provided for in this bill, which amended the Georgia laws in 1908, page 180, creating the City Court in Miller County, and it shall further be the duty of the Ordinary in said County of Miller to appoint the election managers and clerks to hold said election and to have printed the tickets for said election and to pay for same out of the Treasurer of the county. There shall be printed on the ballots the words "For the amendment" and right under these words shall be inserted the following words, "That means the Court will be self sustaining" and those who wish to vote for the Court to be self sustaining shall cast that ballot. There shall be printed another set of tickets which shall have printed on them the following words, "Against the amendment adding four sections to the original Act creating the City Court". And right under these words shall be printed the following, "That means the Court will not be self-sustaining". And it is further provided that the managers of said election shall make their returns to the Ordinary on the following day after the election, and it shall be the duty of the Ordinary to declare the result, and if there are more votes
532
JOURNAL OF THE SENATE,
cast for the amendment adding the four sections to the original Act creating the Court than there are for it not to be amended then it stands amended that if the Ordinary fails to have said election herein provided for held before the 15th of September 1929, then and in that event this bill referred to as House Bill 238 as passed shall become the law regardless of whether they hold the election or not, and provided further that the provisions of this bill shall not go into effect until January 1st, 1930, even though the voters ratify the amendment.
Provided a majority of all the qualified voters of said county participate in the election (on one side or the other). It being the intention of this provision to get out a full vote and if those who vote for the law and those who vote against the law when added together, constitute a majority of all the qualified voters of said county, then that meets the requirements of this referendum.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Myrick of the 1st, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have established the following as the calendar for Thursday August 1st, 1929, to-wit:
House Bill No. 34. House Bill No. 28. Senate Bill No. 151.
THURSDAY, AuausT 1, 1929.
533
Senate Bill No. 115. Senate Bill No. 174. Senate Bill No. 138. Senate Bill No. 180. Senate Bill No. 173. Senate Bill No. 12. Senate Bill No. 216. Senate Bill No. 70.
Respectfully submitted, MYRICK, Vice-Chairman.
The following bill was read the third time and placed upon its passage:
By Mr. Kennedy of Lamar-
House Bill No. 34. A bill to amend an Act relating to appointment of guardians of idiots and insane persons.
The report of the committee, which was favorable to the passage of the bill, was agreed_ to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Dorsey of the 48th-
Senate Bill No. 115. A bill to amend Code relative to Statute of Frauds.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
534
JouRNAL OF THE SENATE,
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 28. A bill to authorize State Highway Board to improve LaFayette Extension Road.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and taken up for consideration:
By Mr. Lane of the 13th-
Senate Bill No. 15. A bill to regulate the distribution of hog cholera virus.
Mr. Vandiviere called for the previous question and the call was sustained.
Mr. Lane asked unanimous consent that the bill be recommitted to the Committee on Agric.1lture.
Mr. Pitner of the 50th objected.
Mr. Williams of the 16th moved that the bill be tabled, and the motion prevailed.
The following message was received from the House through Mr. Moore, the Clerk thereof:
THURSDAY, AUGUST 1, 1929.
535
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 115. A bill to be entitled an Act to amend the Constitution as relates to salary of Judge of Superior Court Circuit in Richmond County, and for other purposes.
By Messrs. Gullatt of Campbell and Brown of Fulton-
House Bill No. 605. A bill to be entitled an Act to merge Campbell County with Fulton County, and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
By Mr. Felker of Walton-
House Bill No. 168. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Walton County, and for other purposes.
By Mr. Felker of Walton-
House Bill No. 227. A bill to be entitled an Act to repeal the Act creating the Board of Commissioners of Roads and Revenues for Walton County, and for other purposes.
By Messrs. Beaton and Stanton of Ware-
House Bill No. 470. A bill to be entitled an Act to amend the charter of the City of Waycross, and for other purposes.
536
JOURNAL OF THE SENATE,
The following bill was read the third time and placed upon its passage:
By Mr. Lankford of the 15th-
Senate Bill No. 174. A bill to amend the motor vehicle law.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has failed to adopt and refused to comply with the request of the following resolution of the Senate, to-wit:
By Mr. Wright of the 42nd-
Senate Resolution No. 46. A resolution that the House of Representatives return to the Senate, House Bill No. 113, which passed the Senate on July 30th, 1929.
The following bill was read the third time and taken up for consideration.
By Mr. Rawls of the 8th-
Senate Bill No. 138. A bill to admit in evidence certain documentary evidence.
Mr. Smith of the 25th moved that the bill be tabled, and the motion prevailed.
The following bill was read the third time and taken up for consideration:
THURSDAY, AUGUST 1, 1929.
537
By Mr. Vaughn of the 34th-
Senate Bill No. 173. A bill to regulate the practise of Dentistry.
Mr. Terrell of the 36th moved that the bill be tabled, and the motion prevailed:
The following bill was read the third time and placed upon its passage:
By Mr. Neill of the 24th-
Senate Bill No. 180. A bill to amend Code relative to validation of bonds issued by cities, municipalities and divisions.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Rawls of the 8th asked unanimous consent that Senate Bill No. 138 be taken from the table, and the consent was granted.
Mr. Neill of the 24th asked unanimous consent that the Senate reconsider its action on yesterday in defeating Senate Bill No. 49, and the consent was granted.
Mr. Williams of the 27th asked unanimous consent that the following bill be tabled:
By Mr. Williams of the 27th-
Senate Bill No. 36. A bill to provide for nomination in primaries of members of General Assembly in certain counties.
The consent was granted.
538
JouRNAL OF THE SENATE,
Mr. Williams of the 27th asked unanimous consent that the following house bill be tabled:
By Mr. Felker of Walton-
House Bill No. 120. A bill to repeal an Act providing for four terms a year of Walton Superior Court.
The consent was granted.
The following bill was taken up for consideration.
By Mr. Rawls of the 8th-
Senate Bill No. 138. A bill to provide for admissibility of documen tary evidence.
Mr. Pitner moved that the bill be tabled and the motion prevailed.
The following bill was read the third time and placed upon its passage:
By Mr. Myrick of the 1st-
Senate Bill No. 12. A bill to amend Code with reference to suits against insurance companies.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Lawson of the 14th-
Senate Bill No. 216. A bill to amend Code so as to exempt certain tax executions.
THURSDAY, AucusT 1, 1929.
539
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was taken up for consideration at this time:
By Messrs. Allen, Vandiviere and Tyson-
Senate Bill No. 70. A bill to amend the Constitution so as to increase poll tax.
Mr. Tyson of the 2nd asked unanimous consent that the further consideration of the bill be postponed until Tuesday, August 6th, 1929, immediately after the period of unanimous consents, and the consent was gran ted.
Mr. Terrell of the 36th asked unanimous consent that the following bill be withdrawn from the committee, read the second time and recommitted:
By Mr. Terrell of the 36th-
Senate Bill No. 231. A bill to amend the charter of the City of Manchester.
The consent was gran ted.
The following House resolution was read the third time and placed upon its passage:
By Mr. Gillen of BibbHouse Resolution No. 69. A resolution for the relief of
J. F. Herring as surety on a bond.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
540
JOURNAL OF THE SENATE,
On the passage of the resolution the ayes were 26, nays 0.
The resolution having received the requisite constitutional majority was passed.
The following House bill was read the third time and placed upon its passage:
By Mr. Freeman of Early-
House Bill No. 514. A bill to reimburse the Tax Collector of Early County for bond premium.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution was read the third time and placed upon its passage:
By Messrs. Kinnard and McKoy of Coweta-
House Resolution No. 22. A resolution for the relief of A. B. Bilbo as surety on a bond.
Mr. Terrell of the 36th moved to amend the resolution as follows:
"Amend by striking the last section of said resolution in its entirety, and inserting in lieu thereof the following "Be it Resolved, by the House of Representatives, the Senate concurring that the County authorities of Coweta County be and they are hereby authorized and directed to relieve the said A. B. Bilbo from any and all liability upon said bond forfeiture, and they are authorized and hereby direct,ed to cancel the execution which issued upon the same.
The amendment was adopted.
THURSDAY, AuGusT 1, 1929.
541
The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.
On the passage of the resolution the ayes were 30, nays 0.
The resolution having received the requisite constitutional majority was passed, as amended.
The following House resolution was read the third time and placed upon the passage:
By Messrs. DuBose and Wood of Clarke-
House Resolution No. 45. A resolution for the relief of
R. G. Davis as surety 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 27, nays 0.
The resolution having received the requisite constitutional majority was passed.
The following resolution was read the third time and placed upon its passage:
By Messrs. Chalker of Pulaski and Wilson of Wilcox-
House Resolution No. 25. A resolution for the relief of C. T. Burrows as surety 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 28, nays 0.
The resolution having received the requisite constitutional majority was passed.
The following bill was read the third time and taken up for consideration:
542
JouRNAL OF THE SENATE,
By Mr. Lawson of the 14th-
Senate Bill No. 114. A bill to further limit motions for new trials.
Mr. Rawls of the 8th called for the previous question and the call was sustained.
Mr. Lawson of the 14th moved that the bill be tabled, and the motion prevailed.
The following resolution was read and adopted:
By Mr. Williams of the 27th-
A resolution extending the privileges of the floor to Hon. R. P. Burson of the County of Walton during his stay in the city.
The following resolution was read and adopted:
By Messrs. Nichols of the 3rd and Tyson of the 2nd-
Senate Resolution No. 49. A resolution to provide for adjournment at 12:15 P. M. on Friday, August 2nd, 1929, so as to permit senators to attend meeting of the Georgia Association.
Mr. Rawls of the 8th asked unanimous consent that when the Senate adjourn on Friday August 2nd, 1929, it stand adjourned until Monday, August 5th, 1929.
Mr. Sibley of the 19th asked unanimous consent that when the Senate adjourn on Friday August 2nd, 1929, it stand adjourned until Monday morning August 5th, 1929, at 11 :00 o'clock.
Mr. Rawls asked unanimous consent to withdraw his request for unanimous consent, and the consent was granted.
The consent requested by Mr. Sibley of the 19th was. granted.
THURSDAY, AuousT 1, 1929.
543
Mr. Tyson asked unanimous consent that the Senate now take a recess for fifteen minutes, and the consent was granted.
The Senate accordingly recessed at 12:10.
At 12:25 the President Pro Tempore called the Senate to order.
The following House bills were read the first time and referred to committees:
By Richmond Delegation-
House Bill No. 115. A bill to amend constitution as relates to salary of Judge of Superior Court Circuit, m Richmond County.
Referred to Committee on Amendments to the Constitution.
By Messrs. Gullatt of Campbell, and Brown of Fulton-
House Bill No. 605. A bill to merge Campbell County with Fulton County.
Referred to Committee on General Judiciary No.1.
Mr. Lankford moved that the Senate do now adjourn, and the motion prevailed.
Mr. Peek of the 38th asked unanimous consent for a leave of absence from tomorrows session, and the leave was granted.
The President Pro Tempore declared the Senate adjourned until tomorrow morning at 9:00 o'clock.
544
JouRNAL oF THE SENATE,
SENATE CHAMBER, ATLANTA, GEORGIA.
FRIDAY, AuousT 2, 1929.
The Senate met pursuant to adjournment at 9:00 o'clock A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Vandiviere, vice-Chairman of the Committee on Journals reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.
Mr. Goode of the 31st asked unanimous consent that Senate Bill No. 74 be taken from the table, and the consent was granted.
Mr. Rawls of the 8th asked unanimous consent that Senate Bill No. 138 be taken from the table and the consent was granted.
The following bill was introduced, read the first time and referred to committee:
By Mr. Cook of the 45th-
Senate Bill No. 236. A bill to amend an Act creating Board of Commissioners of Telfair County.
Referred to Committee on Counties and County Matters.
Mr. Williams of the 16th asked unamious consent that Senate Bill No. 235 be withdrawn from the committee on Game and Fish, read the second time and recommitted.
The consent was gran ted.
FRIDAY, AuousT 2, 1929.
545
The following privileged resolution was read and adopted:
By Mr. Vandiviere of the 39th-
A resolution extending the privileges of the floor to Mrs. B. B. Zellars during her stay in the City.
. The following bill was introduced, read the first time and referred to committee:
By Mr. Peebles of the 18th-
Senate Bill No. 237. A bill to provide for the time of duration granted purchasers of railroads.
Referred to Committee on Railroads.
Mr. Pitner of the 50th 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 has had under consideration the following Senate Bill No. 185 and Senate Bill No. 204, of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Respectfully submitted,
PITNER, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
.Mr. President:
Your Committee on Special Judiciary has had under consideration the following resolution of the House and
546
JouRNAL oF THE SENATE,
has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 17 by Mr. Beasley. Respectfully submitted, DoRSEY, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bills Nos. 224 and 227.
House Bills Nos. 528, 584 and 594 and House Bill No. 571 as amended.
Respectfully submitted, DoRSEY, Chairman.
Mr. Hyman of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 47. Respectfully submitted, HYMAN, Chairman.
FRIDAY, AUGUST 2, 1929.
547
Mr. Lawson of the 4th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the House and Senate has instructed me as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 446 do not pass.
Senate Bill No. 145 do pass.
Respectfully submitted,
LAWSON, Chairman.
Mr. Smith of the 25th District, Vice-Chairman of the Committee on Education, submitted the following report.:
Mr. President:
Your Committee on Education and Public Schools has had under consideration the following bills of the House and has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 27.
Respectfully submitted,
SMITH, Vice-Chairman.
The following bills, favorably reported, were read the second time:
By Messrs. Goode of the 31st, Pitner of the 50th and Tyson of the 2nd-
Senate Resolution No. 47. A resolution declaring Saturday October 12th, 1929 a legal holiday.
548
JouRNAL OF THE SENATE,
By Mr. Lawson of the 14th-
Senate Bill No. 145. A bill to reorganize the adminis tration of the State.
By Mr. Tyson of the 2nd-
Senate Bill No. 185. A bill to create a district agricultural school for colored.
By Messrs. Bird of the 49th, and Williams of the 16th-
Senate Bill No. 204. A bill to amend an Act establishing a normal school at Statesboro.
By Mr. Peebles of the 18th-
Senate Bill No. 224. A bill to confer discretion upon trial judge to absent himself from place of trial, but not from judicial circuit during trial of case.
By Mr. Terrell of the 36th-
Senate Bill No. 227. A bill to amend an Act establishing securities commission.
By Mr. Beasley of TatnallHouse Resolution No. 17. A resolution for the relief
of M. J. Wright.
By Mr. Johnson of Seminole-
House Bill No. 528. A bill to provide for holding two terms of the Superior Court in Seminole County.
By Mr. Geer of Miller-
House Bill No. 571. A bill to repeal an Act creating City Court of Miller County.
FRIDAY, AuousT 2, 1929.
549
By Mr. Duncan of Houston-
House Bill No. 584. A bill to provide for holding three terms each year of the Superior Court of Houston County.
By Mr. Freeman of Early-
House Bill No. 594. A bill to amend an Act establishing City Court of Blakely.
The following bill was favorably reported and read the second time:
By Messrs. Crawford, Davis and Lanham of FloydHouse Bill No. 27. A bill to encourage the protection
of birds.
The following bills were read the third time and placed upon their passage:
By Mr. Walker of Ben HillHouse Bill No. 373. A bill to amend code relative to
public printing in certain counties. The report of the Committee, which was favorable to
the passage of the bill, was agreed to. On the passage of the bill the ayes were 38, nays 0. The bill having received the requisite constitutional
majority was passed.
By Mr. Nelson of CookHouse Bill No. 562. A bill to amend charter of the
Town of Lenox. The report of the Committee, which was favorable to
the passage of the bill, was agreed to. On the passage of the bill the ayes were 40, nays 0.
550
JouRNAL OF THE SENATE,
The bill having received the requisite constitutional majority was passed.
By Mr. Gullatt of Campbell-
House Bill No. 606. A bill to authorize the City of Fairburn to close certain streets.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Gullatt of Campbell-
House Bill No. 610. A bill to amend an Act incorporating City of Fairburn.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the a yes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Neill of the 24th, Chairman of the Committee on Rules, submitted the following report:
Mr. President Pro Tempore: Your committee on rules have established the fol-
lowing as the calendar for the day: Senate Resolution No. 40. Acceptance Rhodes Gift.
Senate Bill No. 105. Prison Commission Salary. Senate Bill No. 158. Director of Bureau Markets Salary. Senate Bill No. 37. Relating to Insurance.
FRIDAY, AucusT 2, 1929.
551
Senate Bill No. 138. Relating to Evidence tn certain cases. (If taken from Table.)
Senate Bill No. 93. Define Offence of Abandonment.
Senate Bill No. 96. An Act to create Department of Law.
Senate Bill No. 74. Relating to Ordinaries and Clerks. (If taken from Table.)
Senate Bill No. 203. Open Range County Bill.
The following bill was taken up for consideration.
By Messrs. King of the 11th and others-
Senate Bill No. 105. A bill to increase salary of Prison Commissioners.
Mr. King asked unanimous consent that the further consideration of the bill be postponed until Tuesday August 6th, immediately after the disposition of Senate Bill No. 70, and the consent was granted.
The following resolutions was read the third time and placed upon their passage:
By Mr. Whaley of the 35th-
Senate Resolution No. 40. A resolution authorizing the acceptance of Rhodes Property.
Mr. Zellars called for the previous question, and the call was sustained.
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 29, the nays 0.
The resolution having received the requisite constitutional majority was passed.
552
JouRNAL OF THE SENATE,
Mr. Whaley asked unanimous consent that the resolution be imm~diately transmitted to the House and the consent was granted.
The following resolution was read and adopted:
By Mr. Neill of the 24th-
Senate Resolution No. 40. A resolution withdrawing further leave of absence to committees or individuals except for providential causes during remainder of session.
The following bill was taken up for consideration:
By Mr. Terrell of the 36th-
Senate Bill No. 158. A bill to fix salary of director of Bureau of Markets.
Mr. Terrell of the 36th asked unanimous consent that the further consideration of the bill be postponed until Monday August 5th, 1929, immediately after the period of unanimous consents, and the consent was granted.
The following bill was again taken up for consideration:
By Mr. Rawls of the 8th-
Senate Bill No. 138. A bill to provide for admissibility in evidence of documents.
The report of the committee, which was favorable to the passage of the bill was agreed to.
Mr. Rawls called for the ayes and nays and the call was as follows:
The roll call was ordered and the vote was as follows:
FRIDAY, AUGUST 2, 1929.
553
Those votmg m the affirmative were Messrs:
Alston, G. C. Atkinson, B. A. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Goode, Geo. L. Ham, T. C. Harris, B. F. Kidd, W. J. King, E. R.
Lankford, Geo. W. Lawson, H. F. Lokey, C. E. McElmurray, W. L. Mickle, C. M. Nichols, A. J. Paulk, R. Pickering, V. C. Pitner, J. M. Platt, Wm. H. Rawls, H. G.
Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Zellars, B. B.
Those voting in the negative were Messrs:
Adams, Geo. W. Allen, Wade Barrett, J. B. R.
Bird, A. J. Dame, George M. Lane, W. T.
Peebles, Leon L. Williams, Felix C.
On the passage of the bill the ayes were 32, the nays were 8.
The bill having received the requisite constitutional majority was passed.
Mr. Rawls asked unanimous consent that the bill be immediately transmitted to the House and the consent was gran ted.
The following bill was read the third time and placed upon its passage:
By Mr. Rawls of the 8th-
Senate Bill No. 93. A bill to define the offence of abandonment.
The committee on General Judiciary No. 2, submitted the following subs ti tu te:
554
JOURNAL OF THE SENATE,
A BILL.
To be entitled an Act to define the offence of abandonment, to provide the punishment or penalty therefor, to provide that sentence be served under probation provided the defendant shall give bond to be fixed by the court and approved by the Clerk of the court trying the defendant for the support and maintenance of the child or children abandoned.
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 if any father shall wilfully and voluntarily abandon his child or children leaving it or them in a dependent condition and does not furnish sufficient food and clothing for the needs of the child, he shall be guilty of the offence of abandonment and shall be punished as provided by Section 2, of this Act.
Sec. 2. Abandonment is punishable by imprisonment and labor in the penitentiary for not less than one year nor more than ten (10) years.
Sec. 3. Be it further enacted by the authority aforesaid that upon conviction of the offense of abandonment as defined by this Act, the defendant may be allowed to serve his sentence under probation, in the discretion of the trial judge, provided the defendant shall give bond with solvent surety conditioned to pay to the mother of his minor child, or children or their legal custodian a sum sufficient for their support and maintenance, said sum to be determined by the trial judge, to be paid monthly or annually as the trial judge may direct, said bond to be approved by the Clerk of the Superior Court of the county where the defendant is tried and convicted ;1nd the binding effect of said bond to become null and void after the term of punishment fixed by the court or jury.
FRIDAY, AUGUST 2, 1929.
555
Sec. 4. Be it further enacted by the authority aforesaid that all laws now of force in this state in conflict with this Act are hereby repealed.
The committee substitute was adopted.
Mr. Mathews of the 23rd called for the previous question, and the call was sustained.
The report of the committee, which was favorable to the passage of the bill by substitute was agreed to.
On the passage of the bill the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
The following privilege resolutions were read and adopted.
By Mr. Adams of the 28thA resolution extending the privileges of the floor to Mr.
Geo. M. Scheer of Eatonton during his stay in the City.
By Mr. R::Jwls of the 8thA resolution extending the privileges of the floor to Mrs.
Wm. S. Tyson.
By Mr. Smith of the 25thA resolution extending the privileges of the floor to Mrs.
H. G. Vandiviere.
By Mr. Ford of the lOthA resolution extending the privileges of the floor to Mrs.
J. H. Dorsey.
The following bill was taken up for consideration: By Mr. Goode of the 31st-
Senate Bill No. 96. A bill to create a Law Department.
556
JouRNAL oF THE SENATE,
Mr. Goode asked unanimous consent that further consideration of the bill be postponed until Tuesday August 6th, 1929, immediately after the disposition of Senate Bill No. 105, and the consent was granted.
The following bill was again taken up for consideration.
By Mr. Goode of the 31st-
Senate Bill No. 74. A bill to allow ordinaries, charged with county affairs, to employ a clerk.
Mr. Pitner of the 50th moved to amend as follows:
"Amend by striking the words "in their discretion" appearing in the fourth line of Section 1 and inserting in lieu thereof the words "upon recommendation of the grand jury made annually".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended was agreed to.
Mr. Mathews called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Me~srs.
Adams, Geo. w.
Allen, Wade
Alston, G. c.
Barrett, J. B. R. Bird, A. J. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Goode, Geo. L.
Ham, T. C. Harris, B. F.
Kidd, w. J.
King, E. R. Lankford, Geo. W. Lawson, H. F. Mathews, Sam M. Mickle, C. M. Nichols, A. J. Pitner, :1. M.
Rawls, H. G. Redwine, Chas. D. Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Williams, E. M. Williams, Felix C. Zellars, B. B.
FRIDAY, AUGUST 2, 1929.
557
Those voting m the negative were Messrs.:
Garrison, J. M. Lane, W. T. McElmurray, W. L.
Paulk, R. Peebles, Leon L.
Sibley, J. Hart Whaley, W. V.
On the passage of the bill the ayes were 31, the nays 7.
The bill having received the requisite constitutional majority was passed, as amended.
The following bill was read the third time and placed upon its passage:
By Mr. Nichols of the 3rd-
Senate Bill No. 203. A bill to encourage the better raising of cattle in the open range counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqUisite constitutional majority the following bill of the Senate, as amended, to-wit:
By Mr. Wright of the 42nd-
Senate Bill No. 192. A bill to be entitled an Act to amend the Act creating a new charter for the City of Rome, and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:
558
JouRNAL OF THE SENATE,
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the Senate, to-wit:
By Mr. Brewer of the 46th-
Senate Bill No. 126. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Coffee County, and for other purposes.
By Mr. Smith of the 25thSenate Bill No. 149. A bill to be entitled an Act to
amend the Act repealing the present charter of the Town of Talbotton, and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:
lvfr. President:
The House has passed by the reqmslte constitutional majority the following bills of the House, to-wit:
By Mr. Boykin of LincolnHouse Bill No. 143. A bill to be entitled an Act to
provide for levying and collecting a tax on net incomes in this State, and for other purposes.
By Messrs. Gillen and Nottingham of Bibb-
House Bill No. 488. A bill to be entitled an Act to amend the charter of the City of Macon, and for other purposes.
By Mr. Dickey of GordonHouse Bill No. 565. A bill to be entitled an Act to
amend the charter of the Town of Ranger, and for other purposes.
FRIDAY,AUGUST 2, 1929.
559
By Mr. Key of Jasper-
House Bill No. 573. A bill to be entitled an Act to amend the charter of the City of Man ticello, and for other purposes.
By Messrs. Beaton and Stanton of Ware-
House Bill No. 595. A bill to be entitled an Act to amend the charter of the City of Waycross, and for other purposes.
By Mr. Stanton of Ware--
House Bill No. 612. A bill to be entitled an Act to amend the Act providing a new charter for the City of Waycross, and for other purposes.
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 613. A bill to be entitled an Act to amend the charter of the City of Valdosta, and for other purposes.
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 614. A bill to be entitled an Act to amend the charter of the City of Valdosta, and for other purposes.
By Mr. McWhorter of Oglethorpe--
House Bill No. 619. A bill to be entitled an Act to amend the Act establishing the City Court of the City of Lexington, and for other purposes.
By Mr. Felker of Walton-
House Bill No. 632. A bill to be entitled an Act to amend the Act providing a new charter for the City of Monroe, and for other purposes.
560
JouRNAL OF THE SENATE,
By Messrs. Meredith, Battle and Roberts of Muscogee-
House Bill No. 638. A bill to be entitled an Act to amend the charter of the City of Columbus, and for other purposes.
By Mr. Strickland of Brantley-
Hause Bill No. 639. A bill to be entitled an Act to repeal the Act creating a County Court in certain counties, and for other purposes.
By Mr. Felker of Walton-
House Bill No. 645. A bill to be entitled an Act to amend the charter of the City of Social Circle, and for other purposes.
By Mr. Martin of Troup-
House Bill No. 653. A bill to be entitled an Act to amend the Act creating the office of Tax Commissioner of Troup County, and for other purposes.
By Messrs. Holt and McKelvey of Gwinnett-
House Bill No. 667. A bill to be entitled an Act to amend the charter of the City of Buford, and for other purposes.
By Messrs. Holt and McKelvey of Gwinnett-
House Bill No. 668. A bill to be entitled an Act to amend an Act creating the City Court of Buford, and for other purposes.
Mr. King asked unanimous consent that the bill just passed, Senate Bill No. 203, be immediately transmitted to the House and the consent was granted.
Mr. Smith of the 25th asked unanimous consent that
FRIDAY, AuGUST 2, 1929.
561
the following resolution, introduced on yesterday and ordered to lay on the table for one day, be referred to the committee on Banks and Banking.
By Mr. Alston of the 12th-
Senate Resolution No. 48. A resolution requesting certain information from the Department of Banking.
The consent was granted.
The following bill was read the third time and placed upon 1ts passage:
By Messrs. Lane of the 13th and Sibley of the 19thSenate Bill No. 153. A bill to authorize person, group
of persons, or corporations to engage in the business of selling burial benefits.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the req nisi te cons ti tu tiona! majority was passed.
The following bill was read the third time and taken up for consideration:
By Mr. Pitner of the 50th-
Senate Bill No. 69. A bill to define the power of county authorities to levy taxes.
Mr. Pitner asked unanimous consent that the further consideration of the bill be postponed until Monday August 5th, and that 300 copies of same be printed for the use of the Senate and House, and the consent was granted.
362
JOURNAL OF THE SENATE,
Mr. Vaughn of the 34th asked unanimous consent that the following bill be taken from the table:
By Mr. Vaughn of the 34th-
Senate Bill No. 173. A bill to amend an Act regulating practise of dentistry in Georgia.
The consent was gran ted.
Mr. Goode moved that the Senate do now adjourn and the motion prevailed.
Under an unanimous consent agreement of yesterday the President Pro Tempore declared the Senate adjourned until Monday morning, August 5th, 1929 at 11:00 o'clock.
MoNDAY, AucusT 5, 1929.
563
SENATE CHAMBER, ATLANTA, GA.
MoNDAY, AuausT 5, 1929.
The Senate met pursuant to adjournment at 11:00 A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the journal of last Fridays' proceedings had been examined and found correct.
By unanimous consent the reading of the journal of last Friday's proceedings was dispensed with.
The following privilege resolution was read and adopted:
By Mr. Mathews of the 23rd-
A resolution extending the privileges of the floor to Hon.
vV. H. Harris of the County of Peach during his stay in the
City of Atlanta.
The following bills and resolutions were introduced, read the first time and referred to the committees:
By Messrs. Neill of the 24th and Myrick of the 1st-
Senate Bill No. 238. A bill to propose an amendment to the Constitution to such effect as to aid and support the several counties of the State in the construction and maintenance of county bridges, roads, etc.
Referred to Committee on Amendments to the Constitution.
By Mr. King of the 11thSenate Bill No. 239. A bill to make it compulsory upon
JOURNAL OF THE SENATE,
the county authorities to pay to the offices of court their lawful co-sts, accrued in the Superior Courts and City Courts for the trial and conviction of felony and misdemeanor convicts worked by said county on the public roads.
Referred to Committee on General Judiciary No.2.
By Mr. Myrick of the 1stSenate Bill No. 240. A bill to authorize the State High-
way Department to incorporate into the State Aid System 18 miles of Federal Route No. 80 and hard surface same in conjunction with the United States.
Referred to Committee on Highways.
By Messrs. Williams of the 27th, Myrick of the 1st and Dame of the 5thSenate Bill No. 241. A bill to amend the Act of 1917, so
as to give the State of Georgia the authority to permit the United States to acquire lands in the area of the Okefenokee Swamp.
Referred to Committee on Forestry.
By Mr. Goode of the 31st-
Senate Bill No. 242. A bill to give aircraft corporations the authority to exercise right of eminent domain.
Referred to Committee on Special Judiciary.
By Mr. Whaley of the 35thSenate Bill No. 243. A bill to amend an Act establishing
police pensions in the cities of 150,000 inhabitants. Referred to Committee on Municipal Government.
By Mr. Atkinson of the 4th-
Senate Bill No. 244. A bill to propose an amendment
MoNDAY, AucusT 5, 1929.
to Article 3, Section 7 of the Constitution which shall authorize the General Assembly to grant zoning laws or planning laws to Glynn County, or other counties of the State.
Referred to Committee on Amendments to Constitution.
By Mr. Atkinson of the 4thSenate Bill No. 245. A bill to grant to county authori-
ties of Glynn and other counties of Georgia districts for special sanitation, fire prevention, police protection, etc.
Referred to Committee on Amendments to Constitution.
By Messrs. Williams of the 27th, Atkinson of the 4th and Tyson of the 2ndSenate Bill No. 246. A bill to create an Atlantic Ocean
to Gulf of Mexico Canal Commission. Referred to Committee on Forestry.
By Messrs. Cook, Brewer and PaulkHause Resolution No. 52. A resolution to relieve Haile,
Williams and Hansen. Referred to Committee on State of Republic.
By Messrs. Sibley, Terrell and LokeyHause Resolution No. 53. A resolution to recognize the
obligation to take care of the aged through some form of old age insurance.
Referred to Committee of State of the Republic. The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President: The House has passed by the requtstte constitutional
majority the following bills of the Senate, to-wit:
566
JOURNAL OF THE SENATE,
By Mr. Lankford of the 15th-
Senate Bill No. 148. A bill to be entitled an Act to amend the Code of 1910 adding the Town of Ailey to list of State Depositories, 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 reqms1te constitutional majority the following bills of the House, to-wit:
By Mr. Nottingham of Bibb-
House Bill No. 490. A bill to be entitled an Act to authorize the Ordinary of County Commissioners of certain counties to name depositories, and for other purposes.
By Messrs. Brown and Still and Miss Kempton of Fulton-
House Bill No. 551. A bill to be entitled an Act to authorize the Board of Commissioners of Fulton County to establish a system of waterworks, and for other purposes.
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 615. A bill to be entitled an Act to amend the Act creating the Board of Commissioners for Lowndes County, and for other purposes.
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 623. A bill to be entitled an Act to authorize certain counties to use voting machines, and for other purposes.
By Mr. Strickland of Brantley-
Hause Bill No. 640. A bill to be entitled an Act to abolish the office of County Treasurer of Brantley County, and for other purposes.
MoNDAY, AuGUST 5, 1929.
567
By Mr. Barker of Heard-
House Bill No. 651. A bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Heard County, and for other purposes.
By Mr. Barker of Heard-
House Bill No. 652. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for Heard County, and for other purposes.
By Messrs. Battle, Meredith and Roberts of Muscogee-
House Bill No. 654. A bill to be entitled an Act to empower the City of Columbus to pass zoning and planning laws, and for other purposes.
By Messrs. Battle, Meredith and Roberts of Muscogee-
House Bill No. 655. A bill to be entitled an Act to amend the charter of the City of Columbus, and for other purposes.
By Mr. Bland of Stewart-
House Bill No. 695. A bill to be entitled an Act to amend the several Acts incorporating the City of Lumpkin, and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President: The House has agreed to the Senate's amendments to the
following bills and resolutions of the House, to-wit:
By Mr. Geer of MillerHouse Bill No. 236. A bill to be entitled an Act to repeal
568
JouRNAL OF THE SENATE,
the Act amending the Act creating the City Court of Miller County, and for other purposes.
By Mr. Geer of Miller-
House Bill No. 237. A bill to be entitled an Act to amend the Act amending the Act creating the City Court for Miller County, and for other purposes.
By Mr. Geer of Miller-
House Bill No. 238. A bill to be entitled an Act to amend the Act creating the City Court of Miller County, and for other purposes.
By Mr. Geer of Miller-
House Bill No. 243. A bill to be entitled an Act to repeal the Act amending the law creating the Board of Commissioners of Roads and Revenues for Miller County, and for other purposes.
By Messrs. Kinnard and McKoy of Coweta-
House Resolution No. 22. A resolution for the relief of A. B. Bilbo as surety on a bond.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 564.
Senate Bill No. 236.
MoNDAY, AuGusT 5, 1929.
569
House Bill No. 580. House Bill No. 581.
Respectfully submitted, GooDE, Chairman.
Mr. Williams of the 16th District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish has had under consideration the following bills of the Senate and haslinstructed me, as chairman, to report the same back to_the Senate with the recommendation that:
Senate Bill No. 50 do pass as amended. Senate Bill No. 235 do pass as amended.
Respectfully submitted,
'VILLIAMS, Chairman.
Mr. Lankford of the 15th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back)olthe Senate with the following recommendations that:
Senate Bill No. 129 do pass. Senate Bill No. 83 do not pass.
House Bill No. 501 do pass. Senate Bill No. 142 do not pass.
Respectfully submitted,
LANKFORD, Chairman.
570
JouRNAL oF THE SENATE,
The following bills of the Senate and House, favorably reported, were read the second time:
By Mr. Lankford of the 15th-
Senate Bill No. 129. A bill to amend the Motor Vehicle Act.
By Messrs. Fletcher of the 22nd and Williams of the 27th-
Senate Bill No. 235. A bill to permit seining in streams of the State under certain conditions.
By Mr. Cook of the 45th-
Senate Bill No. 236. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Telfair.
By Messrs. Mills, Grayson and Alexander of Chatham-
House Bill No. 501. A bill to amend the Code relative to tax collectors in certain counties collecting taxes due State and County.
By Mr. Freeman of Early-
House Bill No. 564. A bill to provide for a Board of Commissioners for Early County.
By Mr. Gullatt of Campbell-
House Bill No. 580. A bill to abolish the City Court ot Fairburn.
By Mr. Gullatt of CampbellHouse Bill No. 581. A bill to establish the City Court of
Fairburn.
By unanimous consent the following resolution was with-
MoNDAY, AucusT 5, 1929.
571
drawn from the committee, read the second time and recommitted:
By Mr. Mathews of the 23rd-
Senate Resolution No. 50. A resolution for the relief the sureties of Stalworth and Bledsoe on bond of W. A. Dinkins.
Mr. Platt asked unanimous consent that the following bill be withdrawn from the committee, read the second time and recommitteed:
By Mr. Platt of the 7thSenate Bill No. 218. A bill to amend the Code fixing
valuation at which railroad property shall be returned.
The consent was granted.
Mr. Terrell of the 36th District asked unanimous consent that the following bill be recommitted to the Committee on General Judiciary No.2:
By Mr. Lawson of the 14th-
Senate Bill No. 145. A bill to reorgamze the administration of the State.
The consent was granted.
The following House bills were read the first time and referred to the committees:
By Mr. Boykin of LincolnHouse Bill No. 143. A bill to provide for a tax on net
mcomes.
Referred to Committee on Finance.
572
JouRNAL OF THE SENATE,
By Messrs. Gillen and Nottingham of Bibb-
House Bill No. 488. A bill to amend the charter of the City of Macon.
Referred to Committee on Corporations.
By Mr. 1\'"ottingham of Bibb-
House Bill No. 490. A bill to authorize the ordinaries or county commissioners of certain counties to name depositories.
Referred to Committee on Banks and Banking.
By Fulton Delegation-
House Bill No. 551. A bill to authorize the Board of Commissioners of Fulton County to establish a system of waterworks.
Referred to Committee on Counties and County Matters.
By Mr. Dickey of Gordon-
House Bill No. 565. A bill to amend the charter of the Town of Ranger.
Referred to Committee on Municipal Government.
By Mr. Key of Jasper-
House Bill No. 573. A bill to amend the charter of the City of Monticello.
Referred to Committee on Municipal Government.
By Messrs. Beaton and Stanton of Ware-
House Bill No. 595. A bill to amend the charter of the City of Waycross.
Referred to Committee on Corporations.
MoNDAY, AucusT 5, 1929.
573
By Mr. Stanton of Ware-
House Bill No. 612. A bill to amend an Act providing a new charter for the City of Waycross.
Referred to Committee on Corporations.
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 613. A bill to amend the charter of the City of Valdosta.
Referred to Committee on Municipal Government.
By Messrs. Ashley and Edwards of LowndesHouse Bill No. 614. A bill to amend the charter of the
City of Valdosta. Referred to Committee on Municipal Government.
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 615. A bill to amend an Act creating a Board of Commissioners for Lowndes County.
Referred to Committee on Counties and County Matters.
By Mr. McWhorter of Oglethorpe-
House Bill No. 619. A bill to amend an Act establishing the City Court of Lexington.
Referred to Committee on Special Judiciary.
By Richmond Delegation-
House Bill No. 623. A bill to authorize certain counties to use voting machines.
Referred to Committee on Privileges and Elections.
By Mr. Felker of Walton-
House Bill No. 632. A bill to amend an Act providing a new charter for the City of Monroe.
574
JouRNAL oF THE SENATE,
Referred to Committee on Municipal Government.
By Muscogee Delegation-
House Bill No. 638. A bill to amend the charter of the City of Columbus.
Referred to Committee on Municipal Government.
By Mr. Strickland of Brantley-
Hause Bill No. 639. A bill to repeal the Act creating a county court in certain counties.
Referred to Committee on Special Judiciary.
By Mr. Strickland of Brantley-
Hause Bill No. 640. A bill to abolish the office of County Treasurer of Brantley County.
Referred to Committee on Counties and County Matters.
By Mr. Felker of Walton-
House Bill No. 645. A bill to amend the charter of the City of Social Circle.
Ref<>rred to Committee on Corporations.
By Mr. Barker of Heard-
House Bill No. 651. A bill to consolidate the offices of Tax Receiver and Tax Collector of Heard County.
Referred to Committee on Counties and County Matters.
By Mr. Barker of Heard-
House Bill No. 652. A bill to create an office of Commissioner of Roads and Revenues for Heard County.
Referred to Committee on Counties and County Matters.
MoNDAY, AuousT 5, 1929.
575
By Mr. Martin of Troup--
House Bill No. 653. A bill to amend an Act creating the <>ffice of Tax Commissioner of Troup County.
Referred to Committee on Counties and County Matters.
By Muscogee Delegation-
House Bill No. 654. A bill to empower the City of Columbus to enact the zoning laws.
Referred to Committee on Municipal Government.
By Muscogee Delegation-
. House Bill No. 655. A bill to amend the charter of the City of Columbus.
Referred to Committee on Municipal Government.
By Messrs. Holt and McKelvey of Gwinnett-
House Bill No. 667. A bill to amend the charter of the City of Buford.
Referred to Committee on Municipal Government.
By Messrs. Holt and McKelvey of Gwinnett-
House Bill No. 668. A bill to amend an Act creating the City Court of Buford.
Referred to Committee on Special Judiciary.
By Mr. Bland of Stewart-
House Bill No. 695. A bill to amend several Acts m<:orporating the City of Lumpkin.
Referred to Committee on Corporations.
The following resolution was read the third time and placed upon its passage:
576
JouRNAL OF THE SENATE,
By Mr. Myrick of the 1st-
Senate Resolution No. 45. A resolution creating the Oglethorpe Memorial Commission.
The report of the committee, whi.::h was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution the ayes were 26, nays 0.
The resolution having received the requisite constitutional majority was passed.
The following House bills were read the third time and placed upon their passage:
By Mr. Johnson of Seminole-
House Bill No. 528. A bill to provide for holding two terms of Superior Court in Seminole County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were :30, nays 0.
The bill having received the requisite constitutional majority was passed.
By lVIr. Geer of Miller-
House Bill No. 571. A bill to repeal the Act creating the City Court of Miller County.
Mr. Rawls of the 8th moved to amend the bill as follows:
"Amend the bill by adding the following language thereto:
Provided a majority of all the qualified voters of said county participates in the election (on one side or the other). It being the intention of this provision to get out a full vote, and if those who vote for the repeal of the law and those who vote against the repeal of the law, when. added together constitute a majority of all the qualified voters of
MoNDAY, AuousT 5, 1929.
577
said county then that meets the requirements of this referendum. If the Ordinary fails to call the election as herein provided for befcre the 15th of September, 1929, then this bill becomes a law, without the election, but it is not to go into effect until January 1, 1930."
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 pas.>age of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
By Mr. Duncan of Houston-
House Bill No. 584. A bill to provide for holding three terms each year of Superior Court of Houston County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Freeman of Early-
House Bill No. 594. .-\. bill to amend an Act establishing the City Court of Blakely.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passf>d.
Mr. Myrick of the 1st District, Vice-Chairman of the Committee on Rules submitted the following report:
578
JouRNAL OF THE SENATE,
Mr. President:
The Committee on Rules has established the following as the calendar and order of business for Monday, August 5, 1929:
Senate Bill No. 47. Declaring October 12, legal holiday. Senate Bill No. 81. Relating to terms of officers of towns. Senate Bill No. 173. Dentist's Bill. Senate Bill No. 133. Voting Machine Bill. Senate Bill No. 92. Auto Tire Bill. Senate Bill No. 96. Creating Department of Law. Senate Bill No. 105. Salary Prison Commissioners. Senate Bill No. 158. Salary Bureau Markets. Senate Bill No. 154. Amending State Veterinary Board Act. Senate Bill No. 161. Amending Cooperative Marketing Act. Senate Bill No. 76. Presidential Primary Law. Senate Bill No. 172. R. R. Directors. Senate Bill No. 25. Criminal Procedure Bill.
The following resolution was read the third time and placed upon its passage:
By Messrs. Pitner of the 50th, et al-
Senate Resolution No. 47. A resolution declaring October 12, 1929, a legal holiday.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the resolution the ayes were 33, nays 0.
MoNDAY, AucusT 5, 1929.
579
The resolution having received the requisite constitutional majority was passed.
Mr. Goode of the 31st District asked unanimous consent that the resolution be immediately transmitted to the House, and the consent was granted.
The following privileged resolutions were read and adopted:
By Messrs. Wright of the 42nd and Williams of the 27th-
A RESOLUTION.
Whereas, Johannes Schmidt, law student in the University of Copenhagen, Denmark, is now in Atlanta representing his country on a good will tour of America;
And Whereas, he is present in the Capitol this morning to observe the legislative procedure of the State of Georgia,
Therefore Be lt Resolved, that the privileges of the floor of the Senate be and the samf" are hereby extended to Mr. Schmidt during his stay in the city, and the same privilege is also extended to his local host, John Schafer, Atlanta boy who last year represented America on a similar tour of the Scandinavian countries.
By Mr. Terrell of the 36th-
Whereas, Mrs. J. A. Smith, the charming wife of our dis-
tinguished <olleague, the Senator from the 25th District, is on a visit to this city.
Resolved, By the Senate that Mrs. Smith be most cordially invited to a seat with us and be accorded all the privilege of this body during her stay in Atlanta.
The following resolution was read and adopted:
By Mr. Rowls of the 8th-
Senate Bill No. 54. A resolution authorizing acceptance by Senate of portrait of Willard Davis.
580
JouRNAL OF THE SENATE,
By Mr. Sm.ith of the 25th-
Whereas, Mrs. A. J. Nicholls, the wife of the Senator
from the 3rd District, is in the city.
Resolved, That the privileges of the floor be extended to
Mrs. A. J. Nicholls during her stay in the city.
By Mr. Terrell of the 36th-
Whereas, Hon. McKibben Lane, of Macon, nephew of our distinguished colleague, the Senator of the 13th District, is on a visit to the city.
Resolved, That the Hon. McKibben Lane be, and he is extended the privileges of the floor of the Senate during his stay in Atlanta.
The following bill was taken up for consideration:
By Messrs. Vaughn of the 34th, et al-
Senate Bill No. 173. A bill to amend an Act regulating the practise of dentistry in Georgia.
The Committee on Uniform Laws moved to amend the bill as follows:
"Amend Section 2 by striking in the new section to be known as Section six (6) the words appearing in the ninth and tenth lines, to-wit: 'or by the use of X-Ray either in treatment or by the radiogram for diagnosis', and to further amend by striking in Section 3 of said bill, after the word 'manage' in the eighth line of said section the words 'or be employed in'."
The committee's amendments were adopted.
Mr. Zellars asked unanimous consent that the bill be read again, and the consent was granted.
Mr. Goode called for the previous question, and the call was sustained.
MoNDAY, AucusT 5, 1929.
581
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 Mr. Vaughn called for the ayes and nays, and the call was sustained.
The roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atki.nson, B. A. Barrett, J. B. R. Dame, George M. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L.
Ham, T. C. King, E. R. Lane, W. T. Lankford, Geo. W. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. Myrick, Shelby Pickering, V. C. Pitner, J. M.
Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vaughn, C. R. Whaley, W. V. Williams, Felix C.
Those voting in the negative were Messrs.:
Bird, A. J. Brewer, J. C. Harris, B. F. Hyman, J. E.
McElmurray, W. L. Mickle, C. M. Nichols, A. J. Paulk, R.
Peek, Chas. W. Peebles, Leon L. Williams, E. M. Zellars, B. B.
On the passage of the bill the ayes were 31, nays 12.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Vaughn asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.
The following bill was read the third time and placed upon its passage:
By Mr. Myrick of the 1st-
Senate Bill No. 81. A bill to amend the Code relative to terms of the office of officials of certain towns and villages.
582
JouRNAL OF THE SENATE,
Mr. Zellars of the 30th District called for the previous question, and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
. The following bill was read the third time and placed upon its passage:
-
By Mr. Allen of the 41st-
Senate Bill No. 133. A bill au.thorizing certain counties to purchase voting machines.
Mr. Neill of the 24th District asked unanimous consent that today's session of the Senate be extended until the disposition of the bill under consideration, and the consent was granted.
Mr. Kidd called for the previous question, and the call was sustained.
On agreeing to the report of the committee, Mr. Allen of the 41st District called for the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Barrett, J. B. R. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham, T. C.
Harris, B. F. Kidd, W. J. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Paulk, R. Pickering, V. C.
Pitner, J. M. Platt, Wm. H. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Whaley, W. V. Williams, Felix C. Wright, Seaborn
MoNDAY, AucusT 5, 1929.
583
Those voting in the negative were Messrs.:
Bird, A. .J. Brewer, .J. C. Dame, George M. Hyman, .J. E. King, E. R.
Lane, W. T. Lankford, Geo. W. MYiick, Shelby Nichols, A . .J. Peek, Chas. W.
Peebles, Leon L. Rawls, H. G. Williams, E. M. Zellars, B. B.
On agreeing to the report of the committee, which was favorable to the passage of the bill, the ayes were 29, nays 14, and the report of the committee was therefore agreed to.
On the passage of the bill the ayes were 27, nays 11.
The bill having received the requisite constitutional majority was passed.
Mr. Mathews of the 23rd District moved that the Senate do now adjourn, and the motion prevailed.
The President declared the Senate adjourned until tomorrow morning at 9:00 o'clock.
584
JOURNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
TuEsDAY, AuausT 6, 1929. The Senate met pursuant to adjournment at 9:00 o'clock A. M., this day and was called to order by the President. Prayer was offered by the Chaplain. By unanimous consent the roll call was dispensed with.
Mr. Vandiviere, Vice Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
By unanimous consent the following bills were withdrawn from the committees, read the second time and recommitted:
By Mr. Williams of the 16th-
Senate Bill No. 199. A bill to amend the constitution so as to exempt furniture from taxation.
By Mr. Williams of the 16th-
Senate Bill No. 200. A bill to amend the constitution relative to homestead exemptions.
By Mr. Williams of the 16th-
Senate Bill No. 201. A bill to amend the code relative to homestead exemptions.
The following bills were introduced, read the first time and referred to committees:
TuEsDAY, AucusT 6, 1929.
585
By Mr. Lankford of the 15th-
Senate Bill No. 247. A bill to exempt citizens of certain counties from road duty.
Referred to Committee on Finance.
By Mr. Lankford of the 15th-
Senate Bill No. 248. A bill to amend an Act for the protection of game and fish in certain counties.
Referred to Committee on Game and Fish.
By Mr. Brewer of the 46th-
Senate Bill No. 249. A bill to change the name of the South Georgia Junior State College.
Referred to Committee on University of Georgia.
By Mr. Williams of the 27th-
Senate Bill No. 250. A bill to organize a branch of the University of Georgia at Monroe, Georgia.
Referred to Committee on University of Georgia.
By Mr. Tyson of the 2nd-
Senate Resolution No. 55. A resolution requesting the State Librarian to furnish certain law books to Mcintosh County.
Referred to Committee on Special Judiciary.
Mr. Hyman of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following bill and resolution of the
586
JouRNAL OF THE SENATE,
Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 605.
Senate Bill No. 202.
Respectfully submitted,
HYMAN, Chairman.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bills No. 210, 561, 350, 551, 230, 615 and 653 do pass.
House Bills No. 585 and 586 do not pass.
Respectfully submitted,
GooDE, Chairman.
Mr. Vandiviere of the 39th District, Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President:
Your Committee on Privileges and Elections has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back
TuESDAY, AucusT 6, 1929.
587
to the Senate with the recommendation that the same do pass:
House Bill No. 623.
Respectfully submitted,
VANDIVIERE, Chairman.
Mr. Lawson of the 14th District, Acting Chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 152.
Respectfully submitted,
LAwsoN, Acting Chairman.
Mr. Terrell of the 36th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 240.
Senate Bill No. 211 as amended.
Respectfully submitted,
TERRELL, Chairman.
588
JouRNAL oF THE SENATE,
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills and resolution of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with -the recommendation that the same do pass:
House Bills Nos. 619, 639 and 668.
Senate Bill No. 242.
Senate Resolution No. 50. Respectfully submitted, DoRsEY, Chairman.
Mr. Alston of the 12th District, Vice Chairman of the Committee on Forestry, submitted the following report:
Mr. President:
Your Committee on Forestry has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate bills Nos. 246 and 241. Respectfully submitted, ALsTON, Vice-Chairman.
The following bills, favorably reported were read the second time:
By Mr. Pitner of the 50thSenate Bill No. 152. A bill to amend the constitution
TUESDAY, AUGUST 6, 1929.
589
so as te provide a method of co-operation between the educational systems of the State.
By Mr. Williams of the 16th-
Senate Bill No. 202. A bill to provide a method of selecting an official organ in certain counties.
By Mr. Myrick of the 1st-
Senate Bill No. 240. A bill to authorize a State Highway Department to incorporate into State aid system eighteen miles of Federal Route No. 80.
By Mr. Goode of the 31stSenate Bill No. 242. A bill to gtve aircraft corpora-
tions right of eminent domail}.
By Mr. Freeman of Early County-
House Bill No. 230. A bill to amend an Act fixing the salary of the Treasurer of Early County.
By Mr. Chalker of Pulaski-
House Bill No. 210. A bill to repeal Section 1 of an Act providing for the recall of commissioners of Roads and Revenues for Pulaski County.
By Mr. Freeman of Early-
House Bill No. 350. A bill to amend an Act creating Tax Commissioner for Early County.
By Fulton Delegation-
House Bill No. 551. A bill to authorize the Board of Commissioners of Fulton County to establish a waterworks system.
590
JouRNAL OF THE SENATE,
By Mr. Mallard of Charlton-
c
House Bill No. 561. A bill to amend an Act creating a board of commissioners of Charlton County.
By Messrs. Gullatt of Campbell and Brown of Fulton-
House Bill No. 605. A bill to merge Fulton and Campbell Counties.
By Lowndes Delegation-
House Bill No. 615. A bill to amend an Act creating a board of commissioners for Lowndes County.
By McWhorter of Oglethorpe-
House Bill No. 619. A bill to amend an Act establishing City Court of Lexington.
By Richmond Delegation-
House Bill No. 623. A bill to authorize certain counties to use voting machines.
By Mr. Strickland of Brantley-
Hause Bill No. 639. A bill to repeal an Act creating a county court in certain counties.
By Mr. Martin of Troup-
House Bill No. 653. A bill to amend an Act creating office of Tax Commissioner, of Troup County.
By Messrs. Holt and McKelvey of Gwinnett County-
House Bill No. 668. A bill to amend an Act creating City Court of Buford.
The following bills favorably reported were read the second time:
TUESDAY, AUGUST 6, 1929.
591
By Mr. Williams of the 27th et al.-
Senate Bill No. 241. A bill to amend an Act of 1917 so as to give State authority to permit United States to acquire lands in Okefenokee Swamp.
By Mr. Williams of the 27th, et al.-
Senate Bill No. 246. A bill to create an Atlantic to Gulf of Mexico Commission.
The following bill were read the third time and placed upon their passage:
By Mr. Cook of the 45th-
Senate Bill No. 236. A bill to amend an Act creating a Board of Commissioners of Telfair County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Mills, Grayson and Alexander of Chatham-
House Bill No. 501. A bill to amend the Code relative to tax collectors in certain counties collecting taxes due the State and County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
592
JouRNAL OF THE SENATE,
By Mr. Gullatt of Campbell-
House Bill No. 580. A bill to abolish the City Court of Fairburn.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Gullatt of Campbell-
House Bill No. 581. A bill to establish the City Court of Fairburn.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Myrick of the 1st, Vice-Chairman of the Committee on Rules, submitted the following report, to-wit:
Mr. President:
Your committee on rules have established the following as the calendar for Tuesday August 6th, to-wit:
House Bill No. 44. Insurance Bill.
Senate Bill No. 172. Increasing Numbers of Directors.
House Bill No. 10. Moving Calhoun County Courthouse.
Senate Bill No. 76. Presidential Primary Bill.
Senate Bill No. 25. Criminal Procedure Bill.
TUESDAY, AUGUST 6, 1929.
593
Senate Bill No. 69. Taxing Powers of Counties.
Senate Bill No. 92. Auto-Tire Bill.
Senate Bill No. Taxes.
Right to .vote on payment Poll
Senate Bill No. 70. Increasing Poll Tax to two dollars.
Senate Bill No. 217. Powdered Milk Bill.
Senate Bill No. 105. Salary of Prison Commissioners.
Senate Bill No. 158. Salary Director Bureau of Markets.
Senate Bill No. 154. Amending State Veterinary Board Act.
Senate Bill No. 161. Amending Co-operating Marketing Act.
Senate Bill No. 139. Preventing participation by Counties in building State-Aid Roads.
Senate Bill No. . . . Permitting building of State-Aid Highways in towns and cities.
The following bill was read the third time and placed upon its passage:
By Mr. Goode of the 31st-
Senate Bill No. 172. A bill to allow railroad companies to elect board of Directors in excess of fifteen:
The committee, submitted the following Substitute:
A BILL.
To be entitled an Act to amend Section 2581, of the Civil Code of 1910, relating to the organization and capital stock of railroad companies so as to permit such companies to elect a Board of Directors of not more than twenty-five:
594
JOURNAL OF THE SENATE,
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 2581,of the Civil Code of 1910 be, and the same is, hereby amended by striking the word "fifteen" appearing between tlie words "than" and "to" in the eighth line and inserting in lieu thereof the word "twentyfive" so that said Section when amended shall read as follows:
"Sec. 2581. Meeting for Organization. When the amount of the capital stock has been subscribed, the persons named in said certificate of incorporation, or a majority of them, are authorized to call a meeting of the stockholders for the purpose of organization, which meeting shall be held in the city or town in which the principal office of said company shall be located, and of which meeting every subscribing stockholder shall have notice. At such meeting persons holding a majority of the stock subscribed shall constitute a quorum, and there shall be elected a board of directors of not less than five nor more than twenty-five to manage the affairs of said company. Stock shall be represented at said meeting in person, or by written proxy, each share of stock being entitled to one vote and a plurality of votes cast being necessary to elect, said election to be governed by such by-laws as said company may prescribe, and the persons elected as directors to continue in office until others are elec,ted to fill their places. No person shall be elected as director unless he be a stockholder owning stock in his own name, and a majority of the directors must be citizens and residents of this State. If for any reason the election is not held at the time appointed, the same may be held at any time thereafter, of which meeting every subscribing stockholder shall have notice. Notice of any organization meeting under this Section shall be given by a notice to each stockholder in writing stating the purpose of the meeting, served upon him personally, or by depositing said notice in the postoffice, postage prepaid, directed to
TuEsDAY, AuousT 6, 1929.
595
him at the postoffice nearest his usual residence, at least ten days previous to the meeting. The board of directors shall select from their number a president, and may elect one or more vice-flresidents, and may appoint a secretary, a treasurer, and such other officers and agents as theymay deem necessary. The regular election for directors shall be held annually, H the principal office of the company. Vacancies occasioned in the Board by death, resignation, or otherwise, shall be filled in such manner as shall be prescribed by the by-laws of the company."
Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute was agreed to.
On the passage of the bill the ayes were 26, the nays 0.
The bill having received the requisite consti tu tiona! majority was passed, by substitute.
The following bill was read the third time and placed upon its passage:
By Messrs. Martin and Mooty of Troup-
House Bill No. 44. A bill to amend the Code of Georgia relating to licensing of insurance companies.
Mr. Zellars of the 30th called for the previous question.
On the call for the previous question Mr. Sibley of the 19th called for the ayes and nays and the call was sustained.
By unanimous consent the main question was ordered.
The report of the committee, which was favorable to the passage of the bill was agreed to.
596
JOURNAL OF THE SENATE,
On the passage of the bill Mr. Sibley called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alston, G. c.
Lankford, Geo. W. Platt, Wm. H.
Atkinson, B. A.
Lawson, H .. F.
Rawls, H. G.
Barrett, J. B. R.
Mashburn, Marcus Redwine, Chas. D.
Bird, A. J.
Mathews, Sam M.
Terrell, J. Render
Dorsey, J. H.
Mickle, C. M.
Tyson, Wm. S.
Fletcher, J. M.
Myrick, Shelby
Vandiviere, H. G.
Goode, Geo. L.
Peek, Chas. W.
Vaughn,C.R.
Ham, T. C.
Pickering, V. C.
Whaley, W. V.
King, E.R.
Pitner, J. M.
Williams, Felix C.
Lane, W. T.
Those voting in the negative were Messrs.:
Adams, Geo. W. Allen, Wade Dame, George M. Davis, J. S. Garrison, J. M. Harris, B. F.
Hyman, J. E. Lokey, C. E. McElmurray, W. L. Nichols, A. J. Paulk, R. Peebles, Leon L.
Sibley, J. Hart Smith, Jno. A. Williams, E. M. Wright, Seaborn Zellars, B. B.
On the passage of the bill the ayes were 28, the nays 17.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Adkins of Calhoun-
House Bill No. 10. A bill to remove the Courthouse and County site from Arlington to Morgan.
By direction of the President of the Senate, the Secretary read Paragraph 4, Section 1, of Article 11, of the Constitution of the State of Georgia.
The following statement by the President sets forth his ruling on the number of votes necessary to change the Calhoun County Site:
TUESDAY, AUGUST 6, 1929.
597
The Chair has given a great deal of consideration to this question. The same question arose in 1921, and the Chair as Speaker of the House made at that time the same ruling he makes now.
There are four Provisions of the Constitution of this State which bear on this question, as follows:
1. The Provision that it requires a majority of all the members elected to each house to pass a statute.
2. The Provision that it requires two-thirds of all the members elected to each house to submit to the people for their ratification or rejection, an amendment to the Constitution.
3. The Provision that it requires two-thirds of each house to pass a bill over the Governor's Veto.
4. The Provision that in order to change a county site it requires a vote of two-thirds of the qualified voters of the county, and also a vote of two-thirds of the General Assembly.
It will be noted that the language of the first two Provisions and the last two Provisions differ in that the first two use the word "of all the members elected to each house", and the two latter provisions use the language "of each house" and "of the General Assembly".
Under the Federal Constitution it requires only a majority of each house to pass a bill, and two-thirds of each house to submit a Constitqtional Amendment to the States for their ratification, or rejection.
Georgia is one of the few States in the Union, and probably the only State whose Constitution requires a majority of all the members elected to pass a bill.
This question was under consideration in the General Assembly as a parliamentary question about the year 1903, or 1905, and a committee of each house was appointed
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JouRNAL OF THE SENATE,
to look into the question as to how many votes it took to pass a bill over the Governor's veto, and the Committee reported that it was its conclusion that it took, or required, two-thirds of those present and voting, which two-thirds must be, at least, a constitutional majority of each house.
In 1921, when the Presiding Officer of this Body was Speaker of the House, and the question arose, he made the above ruling and had the House Journal, or Senate Journal, showing this precedent, before him. He has diligen t1y searched for this precedent, but he has been unable to find it.
The Supreme Court of the United States held as early as the year 1840, or, 1845, that the words "each house" means simply a quorum, and this ruling has been followed in decisions of the appellate Courts of each and every State in passing upon the Provisions of the Constitution which use similar language to that as contained on the Sections of our Constitution relating to the number of votes necessary to pass a bill over the Governor's veto, and the changing of a county site.
The Chair was and is of the opinion that if the Framers of the Constitution had intended that in order to pass a bill over the Governor's veto, it would take twothirds of all the members elected, and to pass a bill changing a county site it should take two-thirds of all the members elected, it would have been expressly so stated, as it was expressly stated with reference to the passage of a Statute and the submission of a Constitutional Amendment.
The Chair therefore holds that, in his judgment, the bill, which the Senate is now about to consider, will require the affirmative vote of two-thirds of those present and voting, which two-thirds must be at least a majority of all the members elected, as no bill, of course, can be
TuEsDAY, AucusT 6, 1929.
599
passed without the affirmative votes of a majority of each house.
The following certificate of the Secretary of State, with reference to the election held in Calhoun County for the purpose of determining whether or not the people would remove the county site, was ordered entered upon the Journal of the Senate:
STATE OF GEORGIA.
OFFICE OF SECRETARY OF STATE, ATLANTA, GA.,
JuLY 2, 1929.
To THE GENERAL AssEMBLY oF GEORGIA:
On May 5th, 1927, an election was held in the County of Calhoun, for the purpose of determining whether or not the people would remove the county site. Following this election, the consolidated returns were filed in this office, as required by law, and I find, on the face of these returns, the vote stood:
Total vote cast ........................... 1533
For removal to Morgan .............. 1033 For removal to Edison........... . . . . 4 Against removal. . . . . . . . . . . . . . . . . . . . 496
The above is shown by the original records on file m this office.
The records of this office also show that a contest was attempted to be held, and that the then Secretary of State Hon. S. G. McLendon, received all of the evidence submitted in said contest, the same having been taken before Han. W. V. Custer, then Judge of the Superior Court of said county.
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The records .also show that my predecessor, Hon. S. G. McLendon, held that he doubted his authority to pass upon the legality of the contest, but that if it were in his power to so pass upon same, that he held that no contest had been legally filed, as the same was not filed as provided by law.
All of the records, as filed by the election managers, and as filed by the then Judge of the Superior Court, in the con test, are on file in this office, subject to the orders of the General Assembly.
In Testimony vVhereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 2nd day of July, 1929, and of the Independence of the United States of America the 153rd.
GEo. H. CARSWELL,
Secretary of State.
Mr. Smith of the 25th called for the previous question and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, in accordance with Rule No. 130, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Bird, A. J. Dame, George M.
Davis, J. S. Dorsey, J. H. Ford, P. B. Ham, T. C.
Kidd, w. J.
King, E. R. Lane, W. T.
Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Peebles, Leon L.
Pitner, J. M. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Vandiviere, H. G. Whaley, W. V. Williams, Felix C. Wright, Seaborn
TUESDAY, AUGUST 6, 1929.
601
Those voting in the negative were Messrs.:
Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Fletcher, J. M.
Harris, B. F. Hyman, J. E. Lankford, Geo. W. Peek, Chas. W.
Pickering, V. C. Rawls, H. G. Vaughn, C. R. Zellars, B. B.
On the passage of the bill the ayes were 28, the nays 13. The bill having received the requisite two-thirds 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 requtsite constitutional majority the following bills of the Senate, to-wit:
By Mr. King of the 11th-
Senate Bill No. 181. A bill to be entitled an Act to amend the Act establishing the City Court of Fort Gaines, and for other purposes.
By Mr. Tyson of the 2nd-
Senate Bill No. 198. A bill to be entitled an Act to create the City Court of Darien, 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 requtsite constitutional majority the following bills and resolutions of the House, to-wit:
By Messrs. Patten of Lanier and Mr. Stone of UnionHouse Resolution No. 99. A resolution requesting the
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JOURNAL OF THE SENATE,
Georgia delegation in congress to secure relief measures on naval stores and peach growing from Federal Farm Board.
By Miss Kempton and Messrs. Brown and Still of Fulton-
House Bill No. 550. A bill to be entitled an Act to amend the Constitution authorizing the Commissioners of Fulton County to establish sewerage systems, etc., and for other purposes.
By Mr. Scarbrough of Polk-
House Bill No. 708. A bill to be entitled an Act to amend the Act incorporating the City of Rockmart, and for other purposes.
By Mr. Scarbrough of Polk-
House Bill No. 709. A bill to be entitled an Act to amend the Act incorporating the City of Cedartown, and for other purposes.
The following house bills were read the first time and referred to committee:
By Fulton Delegation-
House Bill No. 550. A bill to amend the Constitution authorizing the Commissioners of Fulton County to establish and administer sewerage, water and fire prevention systems.
Referred to committee on Amendments to the Constitution.
By Mr. Scarborough of Polk-
House Bill No. 708. A bill to amend an Act mcorporating the City of Rockmart.
Referred to Committee on Corporations.
TuEsDAY, AucusT 6, 1929.
603
By Mr. Scarbrough of Polk-
House Bill No. 709. A bill to amend an Act mcorporating the City of Cedartown.
Referred to Committee on Corporations.
The following resolution was read the first time and referred to Committee:
By Mr. Patten of Lanier and others-
House Resolution No. 99. A resolution requesting the Georgia Delegation in Congress to introduce an amendment to Federal Farm Loan Act.
Referred to Committee on Agriculture.
The following bill was taken up for consideration for the purpose of concurring in the House amendment to the same:
By Mr. Wright of the 42nd-
Senate Bill No. 192. A bill to amend an Act creating a new charter and Municipal Government of the City of Rome.
The House adopted the following amendments:
"Amend Paragraph (A) of Section 2, so that the same shall read as follows:
(A) That the limits of the City of Rome are hereby changed, enlarged, and extended on September 1st, 1929, to take in and add to said City of Rome the following terri tory adjacent to the present city boundary, described as beginning on the south bank of the Coosa River where the present city boundary line crosses said river: thence on a straight line to the north or west bank at the mouth of Horseleg Creek; thence along the south bank of Horseleg Creek to a point eleven hundred feet due west airline of the line between the 23rd District, 3rd Section and the
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JouRNAL oF THE SENATE,
4th District, 4th Section Floyd County; thence due north to a point six hundred feet south of the south line of the Alabama Road or Shorter Avenue; thence westerly six hundred feet south of said road to the Burnetts Ferry Road; thence on shortest straight line to the line of George G. Stiles property; thence northerly along the east line of said Stiles property to Alabama Road; thence across said road north to north line of right of way of Sou them Railway Company; thence easterly along said right of way line to west line of property of Standard Stove and Range Company; thence northerly along west line of said property to northwest corner of said property; thence easterly along line to northeast corner of said property; thence due east to west line of Carsen or Garsen Street; thence northerly along said street to its north end; thence east to Fortune Street; thence northerly along Fortune Street to property of the W. S. Dickey Clay Products Company; thence easterly along the line of the property of said company to the Central of Georgia Railway Company; thence east across the right of way of said railway company to the northeast line of said right of way; thence southeasterly along said northeast line of said right of way to property of Romega Clay Products Company; thence easterly and southerly along the line of said company to the right of way of Southern Railway Company and the present city limits; thence along present city boundary line to the beginning point on the Coosa River. Reference to Streets, distances, locations, and directions is hereby made to Adolph and C. 0. Dietz's revised Map of 1922 of Dietz Brothers map of the City of Rome of 1890, for names of streets and other information to identify and locate the lines above stated.
The House adopted the further amendment, to-wit:
"Amend Paragraph E, of Section 2, so that same shall read as follows:
(E). The territory embraced within the present West
TuEsDAY, AucusT 6, 1929.
605
Rome School District, and not in the territory annexed to the City of Rome, as hereinbefore described, shall remain as the West Rome School District unless otherwise changed or provided for by the Floyd County Board of Education; and the Floyd County Board of Education shall pay to the City of Rome three-sevenths of per capita part of the school funds of Floyd County for the school children living in the above described territory both from the State and County wide school tax, levied and collected in 1929; and all of the above named taxes collected after 1929, so long as the children in said territory are allowed to attend the city schools; and the trustees of the 'West Rome School district shall assess and pay to the city of Rome all of the special present rate West Rome School District tax collected on the property outside of the annexed territory. The said special District tax shall be levied and collected for the year 1929, both for the territory annexed and not annexed and paid to the City of Rome; and the children of school age residing in said territory outside of annexed part shall be allowed to attend the public schools of the City of Rome for a period of five years from the date this annexation becomes effective, without cost of tuition unless other arrangements are made by the Floyd County Board of Education."
By unanimous ,consent the Senate concurred in the House amendments to the bill.
The following resolution was read and adopted:
By Mr. Harris of the 44th-
A resolution extending the privileges of the floor to Hon. Lee Langley, of Catoosa County, during his stay in the City.
The following bill was read the third time and placed upon its passage:
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JouRNAL OF THE SENATE,
By Mr. Neill of the 24th-
Senate Bill No. 76. A bill to provide for nominations by political parties of candidates for national, State and County offices, and for other purposes:
Mr. Neill of the 24th moved to amend the bill as follows:
Moves to amend Senate Bill No. 76 by striking from Section 20, of said bill the word "June" and inserting in lieu thereof the word "May".
The amendment was adopted:
Mr. Neill moved to further amend, as follows:
Moves to amend Senate Bill No. 76 by striking section 16, in its entirely, and inserting in lieu thereof as section 16, the following, to-wit:
"Sec. 16. In all state primaries the county unit system, as defined and set forth in that certain Act of the General Assembly of Georgia, approved the 14th day of August, 1917, entitled" An Act to provide for nomination by political parties in this State, etc.," to be found on page 183 of Georgia Laws for the year 1917, and all of the terms and provisions of which shall remain in full force and effect, except in so far as in conflict with the terms and provisions of this Act."
The amendment was adopted.
Mr. Neill moved to further amend as follows:
Moves to amend Senate Bill No. 76 by adding at the end of Section 17 thereof, the following, to-wit:
"In the event that, pursuant to the provisions of that certain Act of the General Assembly of Georgia, approved 14th day of August, 1917, entitled "An Act to provide for nominations by political parties in this State", etc., to be found on page 183, of Georgia Laws for the year 1917, a second primary is necessary to finally determine the
TuEsDAY, AuousT 6, 1929.
607
nominee for Governor or United States Senator, such second primary shall be held on the Fourth Wednesday in August following such first primary election."
The amendment was adopted.
The committee on Privileges and elections moved to amend the bill as follows:
"Amend by filling in the blank space in the fifth line of Section 4, of said bill, the words and figures "TwentyFive" (25)."
The amendment was adopted.
The committee further moved to amend as follows:
"Amend Secation 10, of said bill by striking the word "September" and inserting the word "August" in lieu thereof.
The amendment was adopted.
The committee further moved to amend as follows:
"Amend Section 12 of said bill by striking the word "July" and inserting in lieu thereof the word "June".
The amendment was adopted.
The committee further moved to amend as follows:
"Amend Section 17 of said bill by inserting at the end of said Section 17 for the period after the word "Primary" a comma, to be followed by the following, to-wit:
"In each county as above provided."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended was agreed to.
On the passage of the bill the ayes were 31, the nays 2.
608
JouRNAL OF THE SENATE,
The bill having received the requisite constitutional majority was passed, as amended.
The following bill was read the 3rd time and taken up for consideration:
By Mr. Wright of the 42nd and others-
Senate Bill No. 25. A bill to amend Code relative to criminal practice and procedure in this State.
Mr. Wright of the 42nd asked unanimous consent that the bill be considered section by section, and that Senators Mathews of the 23rd and Tyson of the 2nd be allowed to explain each section, and the consent was granted.
Mr. Goode moved that the Senate reconsider its action in ordering the bill considered section by section and the motion was lost.
Mr. Smith of the 25th asked unanimous consent that today's session be extended until the bill under consideration was disposed with.
Mr. Rawls of the 8th objected.
Mr. Smith of the 25th moved that today's session be extended until the disposition of the measure under consideration and the motion was lost.
Mr. Hyman moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until tomorrow morning at 9:00 o'clock.
WEDNESDAY, AuGusT 7, 1929.
609
SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, AUGUST 7th, 1929.
The-Senate met pursuant to adjournment at 9:00 o'clock A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Vandiviere, Vice-Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
The following resolution was read:
By Mr. Whaley of the 35th-
Senate Resolution No. 56. A resolution to adjourn the Senate at 12:30 on Thursday in honor of the return of Hon. Walter P. Andrews, recently elected Exalted Ruler of the Elks.
Mr. Pitner moved that the resolution be referred to the Committee on Rules and the motion prevailed.
The following bills and resolutions were introduced, read the first time and referred to the Committees:
By Mr. Terrell of the 36th by request-
Senate Bill No. 251. A bill to amend Section eleven, Para"" graph five relative to merging of counties.
Referred to Committee on Amendments to the Constitution.
610
JOURNAL OF THE SENATE,
By Mr. Vandiviere of the 39th-
Senate Bill No. 252. A bill to amend, revise and consolidate the several Acts incorporating the Town of Austell m Cobb County.
Referred to Committee on Corporations.
By Mr. Allen of the 41st-
Senate Bill No. 253. A bill to authorize, empower and direct the Board of School Commissioners for the City of Blue Ridge to deliver and pay over to Board of Trustees the sum of S21,000 from the sale of electric light and water works system and to provide how said fund shall be used and expended.
Referred to Committee on Education.
By Mr. Brewer of the 46th-
Senate Bill No. 254. A bill providing for a new charter for the City of Douglas relative to Douglas tax exemption.
Referred to Committee on Municipal Government.
The following resolutions were introduced, read the first time and referred to the Committees:
By Mr. Dorsey of the 48th-
Senate Resolution No. 57. A resolution to relieve J. Q. Wilson as surety on bond of one Albert Jackson.
Referred to Committee on Special Judiciary.
By Mr. Dorsey of the 48thSenate Resolution No. 58. A resolution for release of
J. Q. Wilson as surety on bond of one Mack English. Referred to Committee on Special Judiciary.
By unanimous consent the following bill was withdrawn
WEDNESDAY, AUGUST 7, 1929.
611
from the committee on Amendments to the Constitution~ read the second time and recommitteed:
By Mr. Barrett of Stephens:
House Bill No. 75. A bill to amend the Constitution to permit Stephens County to issue bonds for hospital purposes.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
By Mr. Terrell of the 36thSenate Bill No. 231. House Bill No. 708. House Bill No. 709.
Respectfully submitted,
LANE, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Resolution No. 55.
Respectfully submitted,
DoRSEY, Chairman.
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JouRNAL OF THE SENATE,
Mr. Pitner of the 50th 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 has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 232 do pass.
Senate Bill No. 249 do pass.
Senate Bill No. 250 do pass.
Respectfully submitted,
PITNER, Chairman.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 488. House Bill No. 595. House Bill No. 612. House Bill No. 645. House Bill No. 695.
Respectfully submitted, LANE, Chairman.
WEDNESDAY, AuousT 7, 1929.
613
Mr. Peek of the 38th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. President:
Your Committee on Hygiene and Sanitation has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation as follows:
Senate Bill No. 220 do not pass.
Senate Bill No. 228 do pass.
Respectfully submitted.
PEEK, Chairman.
Mr. Terrell of the 36th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President: Your Committee on Highways has had under considera-
tion the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 58 do pass.
Senate Bill No. 139 do pass. Respectfully submitted, TERRELL, Chairman.
Mr. Lankford of the 15th District, Chairman of the Committee on Finance, submitted the following report:
Mr. Pre:sidtmt: Your Committee on Finance has had under consideration
the following bill of the Senate and has instructed me, as
614
JOURNAL OF THE SENATE,
chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 247 do pass. Respectfully submitted, LANKFORD, Chairman.
Mr. Brewer of the 46th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. President:
Your Committee on resolutions has had under consideration the following resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Resolution No. 52.
Senate Resolution No. 53.
Respectfully submitted,
BREWER, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 573. House Bill No. 632. House Bill No. 638.
House Bill No. 654.
WEDNESDAY, AUGUST 7, 1929.
615
House Bill No. 655. Respectfully submitted, DAVIS, Chairman.
Mr. Williams of the 16th District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 248 do pass. Respectfully submitted, WILLIAMS, Chairman.
Mr. Rawls of the 8th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments. to the Constitution has had under consideration the following bills and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 132 do pass. Senate Resolution No. 25 do pass. Senate Bill No. 208 do pass. Senate Bill No. 238 do pass. Senate Resolution No. 131 do pass as amended. Senate Bill No. 200 do pass as amended. Senate Bill No. 199 do pass.
Respectfully submitted, RAWLS, Chairman.
616
JouRNAL oF THE SENATE,
Mr. Rawls of the 8th District, Chairman of the Committee on Constitutional Amendment, submitted the following report:
Mr. President:
Your Committee on Constitutional Amendments has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 244 do pass. Senate Bill No. 245 do pass.
Respectfully submitted,
RAWLs, Chairman.
The following resolutions and bills favorably reported, were read the second time:
By Mr. Neill of the 24th-
Senate Resolution No. 25. A resolution to amend the Constitution relative to meeting time of General Assembly.
By Mr. Cook of the 45th-
Senate Resolution No. 52. A resolution to relieve Messrs.
W. S. Haile, Wiley Williams and F. J. Hansen as sureties on
a bond.
By Messrs. Sibley, Terrell and Lokey-
Senate Resolution No. 53. A resolution commending the congress of the United States to provide old age pension.
By Mr. Tyson of the 2nd-
Senate- Resolution No. 55. A resolution authorizing State Librarian to furnish to Mcintosh County certain law books.
WEDNESDAY, AucusT 7, 1929.
617
By Mr. Lawson of the 14th-
Senate Bill No. 58. A bill to define the duties of the State Highway Department.
By Mr. Tyson of the 2nd-
Senate Bill No. 131. A bill to amend the Constitution relative to salary of members of General Assembly and Secretary and Clerk thereof.
By Mr. Tyson of the 2nd-
Senate Bill No. 132. A bill to amend the Constitution relative to duration of General Assembly.
By Messrs. Wright of the 42nd and Platt of the 7th-
Senate Bill No. 139. A bill to regulate the expenditure of county road funds.
By Mr. Lankford of the 15th-
Senate Bill No. 208. A bill to amend the Constitution so as to allow all persons to vote on payment of poll tax.
By Mr. Terrell of the 36th-
Senate Bill No. 228. A bill to authorize the practice of chiropody.
By Mr. Paulk of the 47th-
Senate Bill No. 232. A bill to amend an Act establishing South Georgia Agricultural and Mechanical School.
By Messrs. Neill of the 24th and Myrick of the 1st-
Senate Bill No. 238. A bill to amend the Constitution relative to equalizing educational advantages.
618
JOURNAL OF THE SENATE,
By Mr. Atkinson of the 4th-
Senate Bill No. 244. A bill to amend the constitution relative to zoning laws for Glynn County.
By Mr. Atkinson of the 4th-
Senate Bill No. 245. A bill to amend the constitution relative to special sanitation etc., in Glynn County.
By Mr. Lankford of the 15th-
Senate Bill No. 247. A bill to exempt citizens of certain counties from road duty.
By Mr. Lankford of the 15th-
Senate Bill No. 248. A bill to amend an Act providing for protection of fur bearing animals.
By Mr. Brewer of the 46th-
Senate Bill No. 249. A bill to change name of South Ga. Junior State College.
By Mr. Williams of the 27th-
Senate Bill No. 250. A bill to establish a vocational and trades school at Monroe.
By Messrs. Gillen and Nottingham of Bibb-
House Bill No. 488. A bill to amend the charter of the City of Macon.
By Mr. Key of Jasper-
House Bill No. 573. A bill to amend the charter of the City of Monticello.
By Messrs. Beaton and Stanton of \iVare--
House Bill No. 595. A bill to amend the charter of the City of Waycross.
WEDNEsDAY, AucusT 7, 1929.
619
By Mr. Stanton of Ware-
House Bill No. 612. A bill to amend the Act providing a new charter for the City of Waycross. --
By Mr. Ff'lker of Walton-
House Bill No. 632. A bill to amend an Act providing a new charter for the City of Monroe.
By Muscogee Delegation-
House Bill No. 638. A bill to amend the charter of the City of Columbus.
By Mr. Felker of Walton-
House Bill No. 645. A bill to amend the charter of the City of Social Circle.
By Muscogee Delegation-
House Bill No. 654. A bill to empower the City of Columbus to pass zoning laws.
By Muscogee Delegation-
House Bill No. 655. A bill to amend the charter of the City of Columbus.
By Mr. Bland of Stewart-
House Bill No. 695. A bill to amend several Acts Incorporating the City of Lumpkin.
By Mr. Scarbrough of Polk-
House Bill No. 708. A bill to amend an Act incorporating the City of Rockmart.
620
JOURNAL OF THE SENATE,
By Mr. Scarbrough of Polk-
House Bill No. 709. A bill to amend an Act incorporating the City of Cedartown.
The following privileged resolutions were read and adopted:
By Mr. Terrell of the 36th-
A resolution extending the privileges of the floor to Mr.
Edgar Alexander and Mrs. Betty R. Cobb for the day.
By Mr. Williams of the 27th-
A resolution extending the privileges of the floor to Han. F. C. Robinson, member of the State Senate of South Carolina, during his stay in Atlanta.
The following bills were read the third time and placed upon their passage:
By Mr. Williams of the 16th-
Senate Bill No. 202. A bill to provide for selecting of official organ in certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Terrell of the 36th-
Senate Bill No. 231. A bill to amend an Act amending the charter of the City of Manchester.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
WEDNESDAY, AUGUST 7, 1929.
621
The bill having received the requisite constitutional majority was passed.
By Messrs. Williams of the 27th, Myrick of the 1st and Dame of the 5th-
Senate Bill No. 241. A bill to amend law so as to give authority to Federal Government to purchase lands in Okefenokee Swamp.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 3.
The bill having received the requisite constitutional majority was passed.
By Mr. Chalker of Pulaski-
House Bill No. 210. A bill to repeal Section 1 of the Act providing for recall of the Commissioner of Roads and Revenues of Pulaski County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Freeman of Early-
House Bill No. 230. A bill to amend an Act fixing the salary of the Treasurer of Early County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 37, nays 0.
The bill having received the requisite constitutional majority was passed.
622
JOURNAL OF THE SENATE,
By Mr. Freeman of Early.
House Bill No. 350. A bill to amend an Act creating Tax Commissioner for Early County.
The report of the committee, which was favorable to the pa3sage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite constitutional !llajority was passed.
By Fulton Delegation-
House Bill No. 551. A bill to authorize the Board of Commissioners of Fulton County to establish a waterworks system.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Mallard of Charlton. House Bill No. 561. A bill to amend an Act creating a
Board of Commissioner of Charlton County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Gullatt of Campbell and Brown of FultonHouse Bill No. 605. A bill to merge Campbell County
with Fulton County.
WEDNESDAY, AUGUST 7, 1929.
623
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 615. A bill to amend an Act creating a Board of Commissioners for Lowndes County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. McWhorter of Oglethorpe-
House Bill No. 619. A bill to amend an Act establishing the City Court of the City of Lexington.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Richmond Delegation-
House Bill No. 623. A bill to authorize the use of voting machines in certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
624
JOURNAL OF THE SENATE,
The bill having received the requisite constitutional majority was passed.
By Mr. Martin of Troup-
House Bill No. 653. A bill to amend an Act creating office of Tax Commissioner of Troup County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Holt and McKelvey of Gwinnett-
House Bill No. 668. A bill to amend an Act creating the City Court of Buford.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional
majority was passed.
'
Mr. Myrick, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules have established the following as the calendar for Wednesday August 7th, 1929, to-wit:
Senate Bill No. 105. Salary Prison Commission. Senate Bill No. 158. Salary Directors Bureau of Markets. Senate Bill No. 9. Reorganizing Military Forces. Senate Bill No. 161. Amending Cooperative Marketing Act.
WEDNESDAY, AucusT 7, 1929.
625
Senate Bill No. 154. Amending State Veterinary Board.
Senate Bill No. 92. Auto Tire Bill.
The above calendar to be discontinued at 10:30 o'clock, then the following calendar to begin:
Senate Bill No. 25. Criminal Procedure Bill. Senate Bill No. 1. Constitutional Income Tax Bill.
Senate Bill No. 208. Right to vote on Payment of Poll Taxes.
Senate Bill No. 70. Increasing Poll Tax to $2.00.
Senate Bill No. 217. Powdered Milk Bill.
Senate Bill No. 139. Preventing Participation by Counties in Building State Aid Roads.
Senate Resolution No. 25. Special Session of General Assembly in January.
Senate Bill No. 131. Placing members of General Assembly on Salary.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requlSlte constitutional majority the following bills of the Senate by substitute, to-wit:
By Mr. Neill of the 24th-
Senate Bill No. 3. A bill to be entitled an Act to define and declare amount of highway mileage of the State, and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:
626
JouRNAL OF THE SENATE,
Mr. President:
The House has passed by the reqmslte constitutional majority the following bills of the Senate, to-wit:
By Mr. Dame of the 5th-
Senate Bill No. 165. A bill to be entitled an Act to require political parties in Clinch County to nominate candidates for county officers by primary elections, and for other
purpo~es.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills and resolutions of the House, to-wit:
By Mr. Colson of Glynn-
House Bill No. 275. A bill to be entitled an Act to authorize special districts in Glynn County for sanitation, and for other purposes.
By Mr. Huddleston of Meriwether-
Hause Bill No. 723. A bill to be entitled an Act to provide for nomination in primaries of members of General Assembly in certain counties, and for other purposes.
By Messrs. Russell of Bartow and Wood of Clarke-
House Resolution No. 106. A resolution expressing appreciation to the Masons of Georgia for their generosity and patriotism to children of Georgia.
The following House Resolution was read the first time and referred to Committee:
WEDNESDAY, AucusT 7, 1929.
627
By Messrs. Russell of Barrow and Wood of Clarke-
House Resolution No. 106. A resolution expressing appreciation to the Masons of Georgia for their generosity and patriotism to the children of Georgia.
Referred to Committee on State of the Republic.
The following house bills were read the first time and referred to committees:
By Mr. Colson of Glynn-
House Bill No. 275. A bill to authorize special districts in Glynn County for sanitation, etc.
Referred to Committee on Counties and County Matters.
By Mr. Huddleston of Meriwether-
Hause Bill No. 723. A bill to provide for nomination in primaries of members of General Assembly in certain counties.
Referred to Committee on Privileges and Elections.
The following bill was read the third time and placed upon its passage:
By Messrs. King of the 11th, Terrell of the 36th and others-
Senate Bill No. 105. A bill to increase salary of Prison Commissioners.
Mr. Rawls called for the previous question and the call was sustained.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 31, nays 11.
The bill having received the requisite constitutional majority was passed.
628
JOURNAL OF THE SENATE,
Mr. King asked unanimous consent to immediately transmit the bill to the House.
Mr. Pitner objected.
Mr. Smith of the 25th moved that the bill be immediately transmitted to the House and the motion prevailed.
The following bill was read the third time and placed upon its passage:
By Mr. Terrell of the 36th-
Senate Bill No. 158. A bill to amend an Act fixing the salary of the Director of Markets.
Mr. Smith of the 25th called for the previous question, and the call was sustained.
Mr. Tyson of the 2nd moved to amend the bill as follows:
"Amend by adding at the end of Section 1 the following:
'Provided that such salary shall be paid from the annual appropriation to the Bureau of Markets, and not otherwise.'
So that when amended Section 2 of the original Act shall read as follows:
'Sec. 2. That on and after the passage of this Act, the salary of the Director of the Bureau of Markets shall be $5,000.00 per annum; provided that such salary shall be paid from, and out of the annual appropriation to the Bureau of Markets, and not otherwise."
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 Mr. Pitner called for the ayes and nays and the call was sustained.
WEDNESDAY, AUGUST 7, 1929.
629
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Brewer, J. C. Cook, Jno. M. Davis, J. S. Fletcher, J. M. Goode, Geo. L. Ham, T. C.
Hyman, J. E. King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Mathews, Sam M. Mickle, C. M. Myrick, Shelby Platt, Wm. H.
Rawls, H. G. Redwine, Chas. D. Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Williams, E. M. Williams, Felix C. Zellars, B. B.
Those voting in the negative were Messrs.:
Alston, G. C. Barrett, J. B. R. Bird, A. J. Dame, George M. Ford, P. B. Garrison, J. M.
Harris, B. F. Kidd, W. J. Lokey, C. E. McElmurray, W. L. Nichols, A. J. Paulk, R.
Peek, Chas. w.
Peebles, Leon L. Pitner, J. M. Sibley, J. Hart Whaley, W. V. Wright, Seaborn
Mr. Pitner asked unanimous consent that the verification of the roll call be dispensed with, and the consent was granted.
On the passage of the bill the ayes were 27, nays 18.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Tyson asked unanimous consent that the bill be immediately transmitted to the House and the consent was gran ted.
The following bill was read the third time and placed upon its passage:
By Mr. Myrick of the 1st, and others-
Senate Bill No. 9. A bill to increase salary of Adjutant General of Georgia.
The Committee on Military Affairs moved to amend the bill as follows:
630
JouRNAL oF THE SENATE,
"Amend by striking the words and figures $6,000.00" wherever they appear and inserting in lieu thereof the words and figures "S4,200.00."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Mr. Williams of the 16th, on the passage of the bill, called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Atkinson, B. A. Bird, A. J. Davis, J. S. Fletcher, J. M. Goode, Geo. L. Ham,T.C. Hyman, J. E. King, E.R.
Lane, W. T. Lankford, Geo. W. Lawson, H. F. Mashburn, Marcus Mathews, Sam M. Mickle, C. M. MYiick, Shelby Nichols, A. J. Peek, Chas. W.
Peebles, Leon L. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Smith, Jno. A. Terrell, J. Render Williams, E. M. Williams, Felix C. Zellars, B. B.
Those voting in the negative were Messrs.:
Adams, Geo. W. Alston, G. C. Barrett, J. B. R. Dorsey, J. H. Ford, P. B.
Garrison, J. M. Harris, B. F. Kidd, W.J. Lokey, C. E. McElmurray, W. L.
Pickering, V. C. Pitner, J. M. Sibley, J. Hart Whaley, W. V. Wright, Seaborn
On the passage of the bill the ayes were 27, nays 15.
The bill having received the requisite constitutional majority was passed as amended.
The following privileges resolutions were read and adopted.
By Messrs. Goode, Alston, Vandiviere and Rawls-
A resolution extending the privileges of the floor to Mrs.
J. C. Brewer during her stay in the City of Atlanta.
WEDNESDAY, AucusT 7, 1929.
631
By Mr. Peebles of the 18th-
A resolution extending the privileges of the floor to Hon. Joseph B. Cummings of the County of Richmond during his stay in the City of Atlanta.
By Mr. Mathews of the 23rd-
A resolution extending the privileges of the floor to Hon. Wallace Miller, of the County of Bibb, during his stay in the City of Atlanta.
The following bill was taken up for consideration:
By Mr. Wright of the 42nd and others-
Senate Bill No. 25. A bill to revise the criminal practise and procedure in the State of Georgia.
Mr. Zellars moved that the Senate reconsider its action in ordering the bill considered section by section.
Mr. Terrell moved that the bill be tabled.
Mr. Wright of the 42nd called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Barrett, J. B. R. Brewer, J. C. Davis, J. S. Ford, P. B. Goode, Geo. L.
Hyman, J. E. King, E. R. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Platt, Wm. H.
Rawls, H. G. Redwine, Chas. D. Terrell, J. Render Vandiviere, H. G.
Vaughn, C. IJ..
Those voting m the negative were Messrs.:
Atkinson, B. A. Bird, A. J. Cook, Jno. M. Dorsey, J. H. Fletcher, J. M. Garrison, J. M. Ham, T. C. Harris, B. F. Kidd, W. J.
Lane, W. T. Mashburn, Marcus Mathews, Sam M. Myrick, Shelby Nichols, A. J. Peek, Chas. W. Peebles, Leon L. Pickering, V. C.
Pitner, J. M. Sibley, J. Hart Smith, Jno. A. Tyson, Wm. S. Whaley, W. V. Williams, Felix C. Wright, Seaborn Zellars, B. B.
632
JouRNAL oF THE SENATE,
On the motion to table the ayes were 17, the nays 25 and the motion was therefore lost.
The President then announced the question on the motion of Senator Zellars that the Senate reconsider its action in ordering the bill considered section by section.
The motion prevailed and the Senate reconsidered its action in ordering the bill considered section by section.
Mr. Rawls asked unanimous consent that individual speeches on the bill be limited to 5 minutes.
Mr. Terrell of the 36th objected.
By unanimous consent individual speeches on the measure were limited to seven minutes.
Mr. Rawls moved that the bill and all amendments be tabled, and the motion prevailed.
The following bill was read the third time and placed upon its passage:
By Mr. Lankford of the 15thSenate Bill No. 1.
A BILL.
To be entitled an Act to amend Paragraph (1) one, Section ~2) two, article (7) seven, of the Constitution of the State of Georgia, so as to authorize taxes to be imposed upon incomes and to provide for reasonable exemptions from such taxes, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Paragraph one (1), Section two (2) article (7) seven, of the Constitution of the State of Georgia, be, and the same is hereby amended by adding at the end of said paragraph the following language:
WEDNESDAY, AucusT 7, 1929.
633
"The General Assembly shall also have authority to levy taxes upon incomes for state purposes only, which taxes may be graduated, the rate in no case to exceed five per cent., and to provide further for such exemptions as may appear to the General Assembly to be reasonable."
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House with the "Yeas" and "Nays" thereon, and published in one or more newspapers in each congressional district in the State for two months previous to the time for holding the next general election and shall, at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots, the words: "For ratification of amendment to Section two (2) of article seven (7) of the Constitption authorizing the imposing of taxes upon incomes"; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Section two (2) article seven (7) of the Constitution on authorizing the imposing of taxes upon incomes;" and if the majority of the electors qualified to vote for the members of the General Assembly voting thereon shall vote for ratification thereof, when the returns shall be consolidated, as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation to that effect by publication of the results of said election by one insertion in one of the daily papers of this State declaring the amendment ratified.
Sec. 3. Be it further enacted, that all laws and. parts. of laws in conflict with this Act be and the same are hereby repealed.
634
JouRNAL OF THE SENATE,
Mr. Vaughn of the 34th called for the previous question and the call was sustained, and the main question was ordered.
Mr. Pitner asked unanimous consent to offer an amendment at this time.
Mr. Zellars of the 30th objected.
Mr. Wright of the 42nd moved that the Senate reconsider its action in ordering the main question, and the motion was lost.
Mr. Tyson of the 2nd moved to amend the bill as follows:
"Amend by striking the word "only" in line 7 of Section 1 and inserting in lieu thereof the following "But may prorate any proportion thereof to the several counties of this State for county purposes."
On the adoption of the amendment Mr. Tyson called for the ayes and nays and the call wa? sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Barrett, J. B. R. Bird, A. J.
Davi~, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Ham, T. C.
Myrick, Shelby Peebles, Leon L. Platt, Wm. H. Tyson, Wm. S. Wright, Seaborn
Those voting m the negative were Messrs.:
Brewer, J. c.
Garrison, J. M. Goode, Geo. L. Harris, B. F. Hyman, J. E. Kidd, W.J. King, E.R, Lane, W. T. Lankford, Geo. W. Lawson, H. F.
Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. NicholS'; A. J. Paulk, R. Peek, Chas. W. Pitner, J. M. Rawls, H. G.
Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Vandiviere, H. G. Vaughn,C.R. Whaley, W. V. Williams, E. M. Williams, Felix C. Zellars, B. B.
'WEDNESDAY, AUGUST 7, 1929.
635
On the adoption of the amendment the ayes were 15, the nays 30 and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing a constitutional amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham, T. C. Harris, B. F.
Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Nichols, A. J. Paulk, R. Peebles, Leon L.
Pickering, V. C. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Zellars, B. B.
Those voting m the negative were Messrs.:
Myrick, Shelby Peek, Chas. W.
Tyson, Wm. S.
Wright, Seaborn
On the passage of the bill the ayes were 42, nays 4.
The bill having received the requisite two thirds constitutional majority was passed.
Mr. Tyson of the second gave notice that at the proper time he would move that the Senate reconsider its action in passing the bill.
Mr. Rawls asked unanimous consent that the bill just passed be immediately transmitted to the House.
Mr. Tyson objected.
636
JouRNAL OF THE SENATE,
Mr. Lankford moved that the bill just passed be immediately transmitted to the House, and the motion prevailed.
The following bill was read the" third time and taken up for consideration.
By Mr. Tyson of the 2nd and others-
Senate Bill No. 70. A bill to amend Constitution so as to increase poll tax to two dollars.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing an amendment to the Constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Alston, G. C. Atkinson, B. A. Brewer, J. C. Cook, Jno. M. Dame, George M. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M.
Ham, T. C. Harris, B. F. Lane, W. T. Lawson, H. F. Mashburn, Marcus Mathews, Sam M. Myrick, Shelby Nichols, A. J. Paulk, R. Pickering, V. C.
Pitner, J. M. Rawls, H. G. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Whaley, W. V. Williams, E. M. Zellars, B. B.
Those voting m the negative were Messrs.:
Adams, Geo. W. Barrett, J. B. R. Bird, A. J. Davis, J. S. Goode, Geo. L. Hyman, J. E.
Kidd, w. J.
King, E. R. Lankford, Goo. W, Lokey, C. E. McElmurray, W. L. Mickle, C. M. Peek, Chas. W.
Peebles, Leon L. Platt, Wm. H. Redwine, Chas. D. Vaughn,C.R. Williams, Felix C. Wright, Seaborn
On the passage of the bill the ayes were 30, nays 19.
The bill having failed to receive the requisite two thirds constitutional majority was lost.
WEDNEsDAY, AucusT 7, 1929.
637
Mr. Zellars gave notice that at the proper time he would
me ve that the Senate reconsider its action in defeating the
bill.
The following privileged resolution was read and adopted.
By Mr. Mathews of the 23rd-
A resolution extending the privileges of the floor to Messrs.
W. M. Wright and J. F. Lambert of the County of Peach
during their stay in the city.
The hour of one o'clock having arrived the President dedared the Senate adjourned until tomorrow morning at 9 :00 o'clock.
638
JOURNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.
THURSDAY, AUGUST 8, 1929.
The Senate met pursuant to adjournme~t at 9:00 A. M. this day, and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.
Mr. Zellars of the 30th District moved that the Senate reconsider its action in defeating Senate Bill No. 70 on yesterday, and the motion prevailed.
Mr. Vandiviere of the 39th District asked unanimous consent that the following bill be withdrawn from the Committee on Corporations, read the second time and recommitted:
By Mr. Vandiviere of the 39th-
Senate Bill No. 252. A bill to reincorporate the City of Austell.
The consent was gran ted.
The following bills were introduced, read the first time and referred to the committees:
By Mr. Allen of the 41st.-
Senate Bill No. 255. A bill to amend an Act approved August 26, 1925, for the protection of birds, fish, game and fur-bearing animals.
THuRsDAY, AucusT 8, 1929.
639
Referred to Committee on Game and Fish.
By Mr. Dame of the 5th-
Senate Bill No. 256. A bill to fix the salary of the Judge of the County Court of Clinch County.
Referred to Committee on Counties and County Matters.
By Mr. Whaley of the 35th-
Senate Bill No. 257. A bill to fix the compensation of Commissioners of Roads and Revenues in counties in Georgia having a population of two hundred thousand according to the U. S. Census of 1920.
Referred to Committee on Public Property.
By Mr. Williams of the 27th-
Senate Bill No. 258. A bill to permit seining for fish in the streams of the State under certain conditions.
Referred to Committee on Game and Fish.
By Mr. Whaley of the 35th-
Senate Bill No. 259. A bill to permit banks in certain cities to establish branch banks.
Referred to Committee on Banks and Banking. Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the following bill of the Senate, and has instructed me, as chairman, to report the same back to the Senate with the recommendation the same do pass:
Senate Bill No. 252. Respectfully submitted, LANE, Chairman.
640
JouRNAL oF THE SENATE,
Mr. Rawls of the 8th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 75.
Respectfully submitted, RAWLS, Chairman.
Mr. Lawson of the 13th District, Chairman of the Committee on General Judiciary No.2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 226 do pass. Senate Bill No. 239 do pass. Senate Bill No. 32 do pass. Senate Bill No. 87 do pass by substitute attached.
Respectfully submitted, LAWSON, Chairman.
THURSDAY, AUGUST 8, 1929.
641
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following resolutions of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that same do pass:
Senate Resolution No. 57. Senate Resolution No. 58.
Respectfully submitted, DoRSEY, Chairman.
The following resolutions, favorably reported, were read the second time:
By Mr. Dorsey of the 48th-
Senate Resolution No. 57. A resolution for the relief of J. Q. Wilson as surety on bond of one Albert Jackson.
By Mr. Dorsey of the .48thSenate Resolution No. 58. A resolution for the relief of
J. Q. Wilson as surety on bond of one Mack English.
By Mr. Rawls of the 8th-
Senate Bill No. 32. A bill to amend the Workmen's Compensation Act, so as to permit recovery in common law actions.
By Mr. Vandiviere of the 39th-
Senate Bill No. 87. A bill to provide for posting a motor vehicle bond of liability.
642
JouRNAL OF THE SENATE,
By Messrs. Lawson of the 14th and Sibley of the 19th-
Senate Bill No. 226. A bill to define and provide for the duration of charters of purchasers of railroad companies.
By Mr. King of the 11th-
Senate Bill No. 239. A bill to pay to the officers of court lawful costs for trial and conviction of felons worked on public roads of counties.
Mr. Goode of the 31st District asked unanimous consent that the following bill be withdrawn from the Committee on Counties and County Matters, read the second time and recommitted:
By Mr. Lane of the 13th-
Senate Bill No. 197. A bill to change from fee system to salary system in certain counties.
The consent was granted.
The following privileged resolution was read:
By Mr. Redwine of the 26th-
Senate Resolution No. 59. A resolution calling on the House for the information regarding status of the General Appropriations bill.
Mr. Goode of the 31st asked unanimous conse"nt to defer
action on the resolution until the Rules Committee, now in session, returns to the Senate chamber, and the consent was granted.
The following privileged resolutions were read and adopted:
By Mr. Williams of the 16th-
A resolution extending the privileges of the floor to Han. G. C. Spurling of Valdosta during his stay in the city.
THURSDAY, AuausT 8, 1929.
643
By Mr. Brewer of the 46th-
A resolution extending the privileges of the floor to Hon. S. Foster Memory of the County of Pierce during his stay in the city.
The following bills were read the third time and placed upon their passage:
By Messrs. Cook of the 45th, Brewer of the 46th and others-
House Resolution No. 52. A resolution to relieve W. S.
Hailes, Wiley Williams and F. J. Hansen as surety on bond of
one G. E. Davis.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Tyson of the 2nd-
Senate Resolution No. 55. A resolution authorizing the State Librarian to furnish certain law books to Mcintosh County.
The report of the eommi ttee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bills were read the third time and placed upon their passage:
By Messrs. Bird of the 49th and Williams of the 16th-
Senate Bill No. 204. A bill to amend an Act establishing Georgia Normal School.
644
JouRNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Paulk of the 47th-
Senate Bill No. 232. A bill to amend an Act establishing South Georgia A. & M School.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Williams of the 27th and others-
Senate Bill No. 246. A bill to create an Atlantic Ocean to Gulf of Mexico Canal Commission.
The report of the commission, which was favorab!e to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional rnajori ty was passed.
By Lankford of the 13th-
Senate Bill No. 247. A bill to exempt certain counties from road duty.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
THURSDAY, AucusT 8, 1929.
645
The bill having received the requisite constitutional majority was passed.
By Mr. Lankford of the 15th-
Senate Bill No. 248. A bill to amend an Act providing for the protection of birds, game, fish, and fur-bearing animals, 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 41, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Gillen and Nottingham of Bibb-
House Bill No. 488. A bill to amend the charter of the City of Macon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Key of Jasper-
House Bill No. 573. A bill to amend the charter of the City of Monticello.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
646
JouRNAL OF THE SENATE,
By Messrs. Beaton and Stanton of Ware-
House Bill No. 595. A bill to amend the charter of the City of Waycross.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Felker of Walton-
House Bill No. 632. A bill to amend the charter of the City of Monroe.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0. The bill having received the requisite constitutional majority was passed.
By Muscogee Delegation-
House Bill No. 638. A bill to amend the charter of the City of Columbus.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Felker of Walton-
House Bill No. 645. A bill to amend the charter of the City of Social Circle.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, AUGUST 8, 1929.
647
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Muscogee Delegation-
House Bill No. 654. A bill to empower the City of Columbus to pass zoning laws.
Mr. Neill of the 24th moved to amend the bill as follows: "Amend by inserting in Section 8 thereof an additional paragraph just before the last paragraph to read as follows: 'The City Commission of said City of Columbus shall also have the power and authority to regulate or prohibit the erection, placing or putting on any lot of parcel of land within the incorporate limits of said city, or within the Police District thereof, bill boards, signs or other advertising devices'."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Muscogee Delegation-
House Bill No. 655. A bill to amend the charter of the City of Columbus.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
648
JouRNAL oF THE SENATE,
By Mr. Bland of Stewart-
House Bill No. 695. A bill to amend several Acts incorporating the City of Lumpkin.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Scarbrough of Polk-
House Bill No. 708. A bill to amend an Act incorporating the City of Rockmart.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Scarbrough of Polk-
House Bill No. 709. A bill to amend an Act incorporating the City of Cedartown.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. \:Villiams of the 27th asked unanimous consent that Senate Bill No. 250 be recommitted to the Committee on University of Georgia and its Branches, and the consent was granted.
THuRsDAY, AucusT 8, 1929.
649
By unanimous consent the following House bill was withdrawn from the committee, read the second time and recommitted:
By Richmond Delegation-
House Bill No. 115. A bill to amend the Constitution relative to salary of the Judges of the Augusta Judicial Circuits.
By unanimous consent the following resolution was again read:
By Mr. Redwine of the 26th-
Senate Resolution ~o. 59. A resolution asking information as to status of the Appropriations' bill from the House.
The resolution was adopted.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President: The House has passed by the reqmstte constitutional
majority the following bills of the Senate, to-wit:
By Mr. Ham of the 6thSenate Bill ?\o. 183. A bill to be entitled an Act to amend
an Act incorporating the Town of Hahira, and for other purposes.
By l\lr. Tyson of the 2ndSenate Bill :\o. 190. A bill to be entitled an Act to amend
the charter of the City of Darien, and for other purposes.
By Mr. Tyson of the 2ndSenate Bill No. 191. A bill to be entitled an Act to amend
650
JouRNAL OF THE SENATE,
the Act providing a new charter for the City of Darien, and for other purposees.
By Mr. Ham of the 6th-
Senate Bill No. 195. A bill to be entitled an Act to amend the act incorporating the City of Valdosta, and for other purposes.
By Mr. Ham of the 6th-
Senate Bill No. 196. A bill to be entitled an Act to authorize the City of Valdosta to transfer to general fund certain sum of money derived from the sale of bonds for the electric plant, 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 reqms1te constitutional majority the following bills of the House, to-wit:
By Miss Kempton and Messrs. Still and Brown of Fulton-
House Bill No. 762. A bill to be entitled an Act to provide the duties and rights of county school boards in certain counties, and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following bill of the House, to-wit:
By Mr. Geer of Miller-
House Bill No. 571. A bill to be entitled an Act to repeal the Act creating the City Court of Miller County, and for other purposes.
THuRsDAY, AucusT 8, 1929.
651
The following message was received from the House through Mr. Moore, the Clerk thereof.
Mr. President:
The House has passed by the requlSlte constitutional majority the following bills and resolutions of the House, to-wit:
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 297. A bill to be entitled an Act to amend the charter of the City of Augusta, and for other purposes.
By Messrs. Alexander, Mills and Grayson of Chatham-
House Bill No. 553. A bill to be entitled an Act to amend the several Acts creating the City Court of Savannah, and for other purposes.
By Mr. Lane of Hall-
House Bill No. 559. A bill to be entitled an Act to amend the charter of the City of Gainesville, and for other purposes.
By Mr. Colson of Glynn-
House Bill No. 560. A bill to be entitled an Act to amend the charter of the City of Brunswick, and for other purposes.
By Messrs. Hewell and Adams of Elbert-
House Bill No. 577. A bill to be entitled an Act to amend the Constitution allowing the City of Elberton to increase its bonded indebtedness, and for other purposes.
By Mr. Cromartie of Jeff DavisHouse Bill No. 679. A bill to be entitled an Act to
652
JouRNAL OF THE SENATE,
repeal the Act creating a charter for the Town of Denton~ and for other purposes.
By Miss Kempton and Messrs. Brown and Still of Fulton-
House Bill No. 684. A bill to be entitled an Act to amend the Act providing for pensions for employees of certain counties, and for other purposes.
By Mr. Adkins of Calhoun-
House Bill No. 691. A bill to be entitled an Act to create a new charter for the City of Edison, and for other purposes.
By Mr. Adkins of Calhoun-
House Bill No. 692. A bill to be entitled an Act to amend the charter of the Town of Leary, and for other purposes.
By Messrs. Crawford, Davis and Lanham of Floyd-
House Bill No. 696. A bill to be entitled an Act to permit Floyd County to build a bridge over Oostanaula River,. and for other purposes.
By Messrs. New, Coleman and Beddingfield of Laurens-
House Bill No. 698. A bill to be entitled an Act to amend the charter of the Town of Dexter, and for other purposes.
By Mr. Westbrook of DoughertyHouse Bill No. 707. A bill to be entitled an Act to
amend the charter of the City of Albany, and for other purposes.
By Mr. Beasley of TattnallHouse Bill No. 726. A bill to be entitled an Act to
THuRsDAY, AuousT 8, 1929.
653
amend the Act creating the City of Collins, and for other purposes.
By Mr. Wall of Putnam-
House Bill No. 727. A bill to be entitled an Act to
amend the Act creating a new charter for the City of Eaton-
ton, and for other purposes.
.
By Mr. Boykin of Lincoln-
House Resolution No. 118. A resolution of respect for Comptroller-General Wright relating to his fiftieth anniversary as Comptroller-General.
By Mr. Dykes of Dooly-
House Resolution No. 119. A resolution providing for formal acceptance of cottage at Alto for the use of tuberculous children.
The following House bills were read the first time and referred to the committees:
By Richmond DelegationHouse Bill No. 297. A bill to amend the charter of the
City of Augusta.
Referred to Committee on Municipal Government.
By Chatham Delegation-
House Bill No. 553. A bill to amend several Acts creating and relating to the City Court of Savannah.
Referred to Committee on Special Judiciary.
By Mr. Lance of Hall-
House Bill No. 559. A bill to amend the charter of the City of Gainesville.
Referred to Committee on Municipal Government.
654
JouRNAL OF THE SENATE,
By Mr. Colson of GlynnHouse Bill No. 560. A bill to amend the charter of the
City of Brunswick.
Referred to Committee on Municipal Government.
By Messrs. Hewell and Adams of Elbert-
House Bill No. 577. A bill to amend the Constitution of Georgia allowing the City of Elberton to increase its bonded indebtedness.
Referred to Committee on Amendments to Constitution.
By Mr. Cromartie of Jeff Davis-
House Bill No. 679. A bill to repeal the Act creating a new charter for the Town of Denton.
Referred to Committee on Municipal Government.
By Fulton Delegation-
House Bill No. 684. A bill to amend an Act providing for pensions of employees of certain counties.
Referred to Committee on Municipal Government.
By Mr. Adkins of Calhoun-
House Bill No. 691. A bill to create a new charter of the City of Edison.
Referred to Committee on Municipal Government.
By Mr. Adkins of Calhoun-
House Bill No. 692. A bill to amend the charter of the Town of Leary.
Referred to Committee on Municipal Government.
THuRsDAY, AucusT 8, 1929.
655
By Floyd Delegation-
House Bill No. 696. A bill to permit Floyd County to build a bridge over Oostanaula River.
Referred to Committee on Special Judiciary.
By Laurens Delegation-
House Bill No. 698. A bill to amend the charter of the Town of Dexter.
Referred to Committee on Corporations.
By Mr. Westbrook of Dougherty-
House Bill No. 707. A bill to amend the charter of the City of Albany.
Referred to Committee on Municipal Government.
By Mr. Beasley of Tattnall-
House Bill No. 726. A bill to amend an Act creating the. City of Collins.
Referred to Committee on Municipal Government.
By Mr. Wall of Putnam-
House Bill No. 727. A bill to amend Section 28 creating a new charter for the City of Eatonton.
Referred to Committee on Municipal Government.
By Fulton Delegation-
House Bill No. 762. A bill to provide duties, rights and powers of county school boards in certain counties.
Referred to Committee on Municipal Government.
Mr. Myrick of the first, Vice-Chairman of the Committee on Rules, submitted the following report:
656
JOURNAL OF THE SENATE,
Mr. President:
Your Committee on Rules have established the following as the calendar of business for Thursday, August 8, 1929, to-wit:
Senate Bill No. 246. St. Mary's Canal.
Senate Bill No. 240. Tybee Road.
Senate Bill No. 92. Auto Tire Bill.
Senate Bill No. 67. Stenographer's Bill.
House Bill No. 75. Stephens County Constitutional Amendments.
Senate Bill No. 69. County Tax Bill. Senate Bill No. 139. Prohibit Counties from paying for State Roads.
Senate Bill No. 161. Amend Co-operating Act.
Senate Bill No. . . . . Right to vote on payment of poll tax.
Senate Resolution No. 25. Special Session.
Senate Bill No. 238. County Aid School fund.
Senate Bill No. 58. Authorizing Highway Dept. to pave in cities.
Senate Bill No. 152. Authorizing School districts to contract.
Senate Bill No. 68. District School Bill. Senate Bill No. 160. Board of Pharmacy Bill.
The following bill was read the third time and placed upon i ts passage:
THURSDAY, AucusT 8, 1929.
657
By Mr. Myrick of the 1st-
Senate Bill No. 240. A bill to allow the Highway Department to incorporate certain roads into the State Aid System.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 33, nays 1.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Atkinson of the 4th-
Senate Bill No. 245. A bill to amend Constitution relative to special sanitation etc., in and for the County of Glynn.
Mr. Tyson offered the following substitute, to-wit:
A BILL.
To be entitled an Act to propose to the qualified voters of the State of Georgia an amendment to Section 1 of Article 11 of the Constitution of this State, by adding thereto an additional paragraph, number 6, which shall authorize the governing authorities of the County of Glynn and of the County of i\Iclntosh to establish and administer within the bounds of their respective counties, districts for special sanitation, fire prevention, police protection or building and improving roads, and, to carry out the purposes of such establishment, to levy taxes upon the taxable property in said respective districts, to issue bonds of such districts upon a vote of the qualified voters of such districts and under the rules of law governing the issuance of county bonds, and to levy taxes against and
658
JouRNAL OF THE SENATE,
collect service charges from the property abutting upon or served by the utilities established or provided pursuant hereto.
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 one (1) of Article eleven (11) of the Constitution of Georgia be amended by adding thereto the following paragraph, to-wit:
"Paragraph 6. The governing authorities of the County of Glynn and of the County of Mcintosh shall have authority to establish and administer within the bounds of their respective counties, districts for special sanitation, fire prevention, police protection, or building and improving roads, and to carry out the purposes of such establishment, they shall have authority to levy taxes upon the taxable property in said respective districts, to issue bonds of such districts upon a vote of the qualified voters of such districts and under the rules of law governing t.he issuance of county bonds, and to levy assessments against and collect service charges from the property abutting upon or served by the utilities established or provided pursuant hereto."
Sec. 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by a two thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each congressional district of this State for two man ths prior 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 general 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 Section 1 of Article 11 of the Constitution of Georgia by adding paragraph 6 and authorizing the governing authorities of the Counties of Glynn and Mcintosh to
THURSDAY, AucusT 8, 1929.
659
establish and administer within the bounds of their respective counties districts for special sanitation, fire prevention, police protection or building and improving roads, and for this purpose to levy taxes upon the taxable property of said respective districts, to issue bonds of such districts upon a vote of the qualified voters of such districts and under the rules of law governing the issuance of county bonds, and to levy assessments against and collect service charges from the property abutting upon or served by the utilities established or provided pursuant hereto;" and all persons opposed to the adoption of said proposed amendment shall have written or printed upon their ballots the words: "Against ratification of amendment to Section 1 of Article 11 of the Constitution of Georgia by adding paragraph 6 and authorizing the governing authorities of the Counties of Glynn and Mcintosh to establish and administer within the bounds of their respective counties, districts for special sanitation, fire prevention, police protection, or building and improving roads, and for this purpose to levy taxes upon the taxable property of said respective districts, to issue bonds of such districts upon a vote of the qualified voters of such districts and under the rules of law governing the issuance of county bonds, and to levy assessments against and collect service charges from the property abutting upon or served by the utilities established or provided pursuant hereto." And if a majority of said electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the 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 Section 1 of Article 11 of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
660
JouRNAL OF THE SENATE,
The bill proposing a constitutional amendment, the roli call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham, T. C.
Harris, B. F. King, E.R. Lane, W. T. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. C.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
Those voting m the negative were Messrs.:
Kidd, W. J.
On the passage of the bill the ayes were 44, nays 1.
The bill having received the requisite two-thirds constitutional majority was passed, by substitute.
By unanimous consent the following resolution was read and referred to Committee:
By Messrs. Mickle and Peek of the 37th-
Senate Resolution No. 60. A resolution invttmg the American Society for the control of cancer to make a survey in Georgia.
Referred to the Committee on Hygiene and Sanitation.
By unanimous consent the following House Resolutions were read and adopted:
THURSDAY, AuousT 8, 1929.
661
By Mr. Boykin of Lincoln-
House Resolution No. 118. A resolution felicitating Comptroller General Wright on the 50th anniversary as Comptroller General.
By Mr. Dykes of Dooly-
House Resolution No. 119. A resolution formally ac cepting the gift of the building at Alto for the use of tubercular children.
The following bill was read the third time and taken up for consideration:
By Mr. Allen of the 41st-
Senate Bill No. 92. A bill to reqc1ire tire mmy.. facturers to stamp date of manufacture on all tires and t ..l:es.
The Committee on General Judiciary ~o. 2 moved to amend the bill as follows: "Amend bv adding another Section to be known as Sec. 3, and change Sec. 3 to Sec. 4, and the new Section 3 shall read as follows: 'Sec. 3. Be it further enacted that the provisions of this bill shall not become operative until January 1st, 1930."
The amendment was adopteo. Mr. Terrell of the 36th called for the previoLtS questior, and the call was sustained. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Mr. Terrell of the 36th moved that the bill be tabled and the motion prevailed.
The following bill was read the third time and placed upon its passage:
By Mr. Vandiviere of the 39th-
Senate Bill No. 67. A bill to provide additional com-
662
JouRNAL OF THE SENATE,
pensation for official stenographic reporters of the Superior Courts of Georgia.
The Committee on General Judiciary No. 2, submitted the following substitute:
"Sec. 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, in addition to the compensation already provided, for the Official Stenographic Reporters in the Superior Courts of Georgia shall be paid the sum of fifteen dollars per day, in the discretion of the Court, for attending Court for each day the Court shall be in session on civil business, to be paid on the order of the presiding Judge in the same manner as not provided for the reporting of criminal cases."
Sec. 2. Be it further enacted by the authority aforesaid that the provisions of this Act shall not apply in the counties of this State where the official Court Reporters are paid salaries for reporting civil cases.
Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.
Mr. Pitner moved to amend the substitute as follows:
"By striking the words "fifteen" wherever they occur and insert in lieu thereof the word "ten," and add the following sentence to Section 1, to-wit: This Act shall apply only to the time that civil business shall be under consideration."
The amendment was adopted.
Mr. Lankford of the 15th moved to amend the substitute as follows:
"Amend by adding a new section as follows, to-wit: 'That the Judge in his discretion may require said reporter to report any civil case without pay,' and that said section be
THURSDAY, AucusT 8, 1929.
663
numbered Section 3 and the repealing section be numbered Section 4."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, by subs ti tu te, as amended, was agreed to.
On the passage of the bill the ayes were 32, nays 4.
The bill having received the requisite constitutional majority was passed, by substitute, as amended.
The following bill was read the third time and placed upon 1ts passage:
By Mr. Barrett of Stephens-
House Bill No. 75.
A BILL.
To be entitled an Act to amend the Constitution, Article 7, Section 7, Paragraph 1, so as to permit Stephens County to issue bonds for hospital purposes.
The General Assembly of the State of Georgia proposes to the people of the State the following amendment to the Constitution of Georgia, to-wit:
Section 1. That Paragra;:h 1 of Section 7 of Article 7 of the Constitution of Georgia as heretofore amended, shall further be amended by changing the period at the end thereof to a semicolon, and by adding at the end of said paragraph the words, "except that the County of Stephens, for the purpose of owning, erecting, equipping and operating a hospital for medical and surgical treatment may incur a bonded indebtedness of Sixty Thousand (60,000.00) Dollars, in addition to and separate from the amount of debt hereinbefore in this paragraph allowed to be incurred, and may levy taxes to retire the principal and interest of said bonds; said bonds to be issued under the general law providing for county bond issues."
664
JouRNAL OF THE SENATE,
Sec. 2. This amendment being agreed to by two- thirds of the members elected to each of the two houses of the General Assembly shall be published as provided by law and shall be submitted to the people at the next general election for ratification. Persons favoring said amendment shall have written or printed on their ballots the words, "For ratificatio_n of amendment to Article 7, Paragraph 1, Section 7, of the Constitution authorizing Stephens Coanty to incur a bonded indebtedness for Hospital purposes;" and the persons opposing said amendment shall have written or printed on their ballots the words "Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing Stephens County to incur a bonded indebtedness for hospital purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing an amendment to the Constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Bird, A. J. Brewer, J. C. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham, T. C. Harris, B. F. Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. Mickle, C. M. Myrick, Shelby Nichols, A. J. Peek, Chas. W. Peebles, Leon L. Pickering, V. C.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render
Tyson, Wm. s.
Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, Felix C. Wright, Seaborn Zellars, B. B.
On the passage of the bill the ayes were 43, nays 0.
The bill having received the requisite two thirds constitutional majority was passed.
THURSDAY, AUGUST 8, 1929.
665
The following bill was read the third time and placed upon its passage:
By Mr. Pitner of the 50th-
Senate Bill No. 69. A bill to define the power of the County authorities to levy taxes:
Mr. Bird of the 49th moved to amend the bill as follows:
"Amend by adding at the end of Paragraph 3, line 30 the following language: "Except that whenever any grand jury of a county so recommends a levy not to exceed three mills may be levied."
The amendment was adopted.
Mr. Smith of the 25th moved to amend as follows:
"Amend by adding a new paragraph to Section 1, to be known as Paragraph 8, and to read as follows: 'Paragraph 8. To support the school systems of the several school districts of said county, such tax as shall have been authorized by an election already held under the provisions of law now in force for, levying a local tax for school purposes, or as shall hereafter be authorized by an election held under the provisions of law as they now e~ist or as they shall hereafter exist.'"
And also amend by adding another paragraph to be known as paragraph 9, to read as follows: 'Paragraph 9. To pay bonds and interest, such an amount as shall be necessary to discharge and pay off the matured bonds and accrued interest on any bonded indebtedness due by any local school district issued by authority of law."
The amendments were adopted.
Mr. Goode of the 31st and Mr. Redwine of the 26th moved to amend as follows:
"Amend by striking from Section 7, line two and three the words, 'by an election called under the provisions of the
666
JOURNAL OF THE SENATE,
school laws of this State' and inserting in lieu thereof the words 'by resolution of the County Board of Education."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the 'bill, as amended, was agreed to.
On the passage of the bill the ayes were 28, nays 4.
The bill having received the requisite constitutional majority was passed as amended.
Mr. Goode asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.
The following bill was read the third time and taken up for consideration:
By Mr. Wright of the 42nd-
Senate Bill No. 139. A bill to prohibit county assessments for construction of State Aid roads.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill Mr. Smith called for the ayes and nays, and the call was sustained.
The roll call was ordered, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Alston, G. 0. Atkinson, B. A. Bird, A. J. Brewer, J. 0. Dame, George M. Davis, J. S. Dorsey, J. H. Ham, T. 0.
Kidd, w. J.
Lane, W. T. Mathews, Sam M. McElmurray, W. L. Mickle, 0. M. Myrick, Shelby Paulk, R. Peebles, Leon L.
Pitner, J. M. Platt, Wm. H. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Whaley, W. V. Williams, E. M. Wright, Seaborn
THURSDAY, AUGUST 8, 1929.
667
Those voting in the negative were Messrs.:
Barrett, J. B. R. Cook, Jno. M. Fletcher, J. M. Ford, P. B. Garrison, J. M. Harris, B. F.
King, E. R. Lankford, Geo. W. La~son, H. F. Lokey, C. E. Mashburn, Marcus Nichols, A. J.
Peek, Chas. w.
Pickering, V. C. Tyson, Wm. S. Vandiviere, H. G. Williams, Felix C.
Mr. Lankford asked unanimous consent to dispense with the verification of the roll call.
Mr. Myrick objected.
Mr. Smith moved that the bill be tabled, and the motion was put by the President.
The Secretary of the Senate proceeded with the verifi cation of the roll call.
Mr. Smith of the 25th asked unanimous consent to withdraw his motion to table the bill.
Mr. Lankford objected.
Mr. Lankford of the 15th made the point of order that the previous question had not been called and the main question was ordered on the bill, and the motion to table therefore took precedence, and the point of order was sustained by the Chair.
The President then announced that on the motion to table the ayes were 22, the nays 11, and the motion prevailed.
The following bill was read the third time and placed upon its passage:
By Mr. Ford of the lOth-
Senate Bill No. 161. A bill to amend co-operative marketing Act of Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
668
JOURNAL OF THE SENATE,
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Smith of the 25th moved that Senate Bill No. 139 be taken from the table, and the motion was lost.
The following bill was read the third time and taken up for consideration:
By Mr. Lankford of the 15th-
Senate Bill No. 208. A bill to amend the Constitution so as to allow persons to vote upon payment of all poll taxes.
Mr. Mathews called for the previous question, and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill, proposing a constitutional amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Alston, G. C. Atkinson, B. A. Bird, A. J. Brewer, J. C. Dame, George M. Fletcher, J. M. Ford, P. B.
Garrison, J. M. Goode, Geo. L. HYman, J. E.
Kidd, w. J.
Lankford, Geo. W. Lokey, C. E. Mathews, Sam M. Myrick, Shelby
Paulk, R. Sibley, J. Hart Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Williams, E. M. Williams, Felix C.
Those voting in the negative were Messrs.:
Adams, Geo. W. Barrett, J. B. R. Cook, Jno. M. Davis, J. S. Dorsey, J. H. Ham,T. C. Harris, B. F. King, E. R.
Lane, W. T. Lawson, H. F. Mashburn, Marcus McElmurray, W. L. Mickle, C. M. Nichols, A. J. Peek, Chas. W. Peebles, Leon L.
Pickering, V. C. Pitner, J. M. Platt, Wm. H. Redwine, Chas. D. Smith, Jno. A. Whaley, W. V. Wright, Seaborn
THURsDAY, AucusT 8, 1929.
669
By unanimous consent the verification of the roll call was dispensed with.
On the passage of the bill the ayes were 24, nays 23.
The bill having failed to receive the requisite two-thirds constitutional majority was lost.
Mr. Myrick of the 1st moved that when the Senate adjourn tomorrow morning, that it stand adjourned until 3:00 P.M. the same day.
Mr. Hyman moved that beginning Monday next the Senate have afternoon sessions during the remainder of the sesston.
Mr. Lankford moved that when the Senate adjourn tomorrow morning at 1:00 o'clock it stand adjourned until 11:00 A. M. Monday August 12th, 1929.
Mr. Pitner move that the Senate have an afternoon session today.
Mr. Myrick called for the previous question on all the Motions, and the call was sustained.
The President ruled that the motion by Mr. Lankford would be first voted upon, and in the event that motion was lost, then the motion of Mr. Myrick would be next in order.
The President then put the motion by Mr. Lankford and the same was lost.
The motion by Mr. Myrick prevailed.
Mr. Pitner asked unanimous consent to withdraw his motion and the consent was granted.
Mr. Mickle of the 37th asked unanimous consent that the Committee on School for the Deaf be granted leave of absence from tomorrows session, and the consent was granted.
670
JouRNAL or THE SENATE,
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
By Mr. Wind of Grady-
House Bill No. 129. A bill to be entitled an Act to amend the General Tax Act of 1927, and for other purposes.
The following House bill was read the first time and referred to committee:
By Mr. Wind of Grady-
House Bill No. 129. A bill to amend the General Tax Act of 1927.
Referred to Committee on Finance.
Mr. Lane of the 13th moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until to morrow morning at 9:00 o'clock.
FRIDAY, AUGUST 9, 1929.
671
SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, AUGUST 9, 1929.
The Senate met pursuant to adjournment at 9:00 o'clock, A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews,Chairman of the committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.
Mr. Peebles of the 18th asked unanimous consent that the following bill be withdrawn from the committee, read the second time and recommitted:
By Mr. Rabun of Jefferson-
House Bi] No. 33. A bill to regulate fishing m certain counties.
The consent was granted.
Mr. Tyson of the 2nd asked unanimous consent that the following bill be withdrawn from the committee, read the second time and recommitted:
By Mr. Zellars of the 30th-
Senate Bill No. 222. A bill to regulate the operation of trains by independent railroads.
The consent was gran ted.
The following bills were introduced, read the first time and referred to committees:
672
JouRNAL oF THE SENATE,
By Mr. Brewer of the 46th-
Senate Bill No. 260. A bill to provide that ornamental nurserymen planting or supplying ornamental nursery stock for improvement of real estate shall have a special lien upon such real estate for the work done and the nursery stock supplied.
Referred to Committee on General Judiciary No. 1.
By Mr. Lankford of the 15thSenate Bill No. 261. A bill providing for the erection
of blow posts along railroads and the character of signals to be sounded upon approaching public crossings by changing the mode of giving said signals.
Referred to Committee on Railroads.
By Mr. Goode of the 31stSenate Bill No. 262. A bill to repeal an Act approved
August 22, 1929, regulating the grading and marking of peaches and apples in closed packages.
Referred to Committee on Special Judiciary.
By Mr. Whaley of the 35th-
Senate Bill No. 263. A bill to permit the payment of pensions to county employees in certain counties.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County l\1atters has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the
FRIDAY, AuousT 9, 1929.
673
same back to the Senate with the recommendation that the same do pass as amended:
Senate Bill No. 197.
Respectfully submitted,
GooDE, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 243. Senate Bill No. 254. House Bill No. 613, 614, 565.
Respectfully submitted,
DAVIs, Chairman.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 698.
Respectfully submitted, LANE, Chairman.
674
JouRNAL oF THE SENATE,
Mr. Bird of the 49th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President:
Your Committee on Banks and Banking has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 490.
Respectfully submitted,
B1RD, Chairman.
Mr. Rawls of the 8th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 115.
Respectfully submitted,
RAWLs, Chairman.
Mr. Lankford of the 15th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President: Your Committee on Finance has had under consideration
FRIDAY, AuousT 9, 1929.
675
the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 143 do pass by substitute.
House Bill No. 17 do pass.
Senate Bill No. 176 do not pass.
Respectfully submitted,
LANKFORD, Chairman.
MINORITY REPORT ON SENATE BILL NO. 176.
Mr. President:
We the undersigned members of the Committee on Finance do hereby disagree with the report of the majority of said Committee that Senate Bill No. 176 do not pass, and we say that the bill should pass, and accordingly, file this our minority report to the same.
Respectfully submitted, WHALEY, MATHEWS, ALSTON,
Mr. Terrell of the 36th District, Chairman of the Committee on Highways, submitted ~he following report:
Mr. President:
Your Committee on Highways has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 26 do pass by substitute.
Respectfully submitted,
TERRELL, Chairman.
676
JouRNAL oF THE SENATE,
Mr. Brewer of the 46th District, Chairman of the Committee on State of the Republ'c, submitted the following report:
Mr. President:
Your Committee on State of the Republic has had under consideration he following Resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 106.
Respectfully submitted,
BREWER, Chairman.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requ1s1te constitutional majority the following bills of the Senate, to-wit:
By Mr. Hyman of the 20th-
Senate Bill No. 97. A bill to be entitled an Act to amend the Constitution so as to authorize Washington County to make loans, etc., 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 reqmstte constitutional majority the following bills and resolutions of the House, to-wit:
FRIDAY, AucusT 9, 1929.
677
By Messrs. Wind of Grady, Sloan of Hall and Rosser of Walker-
House Bill No. 31. A bill to be entitled an Act to amend the Act revising and amending the game and fish laws of this state, and for other purposes.
By Messrs. Taylor and Scruggs of Washington-
House Bill No. 657. A bill to be entitled an Act to create a Recorders Court for the City of Tennille, and for other purposes.
By Mr. Osborne of Oconee-
House Bill No. 676. A bill to be entitled an Act to amend the Act creating a Board of Commissioners for Oconee County, and for other purposes.
By Mr. Russell of Barrow-
House Bill No. 686. A bill to be entitled an Act to amend the Act providing for four terms of Barrow County Superior Court each year, and for other purposes.
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 687. A bill to be entitled an Act to increase salary of Judge of the City Court of Valdosta, and for other purposes.
By Mr. Courson of Treu den-
House Bill No. 699. A bill to be entitled an Act to amend the Act creating the City Court of Soperton, and for other purposes.
By Messrs. Cooper, Gillen and Nottingham of Bibb-
House Bill No. 713. A bill to be entitled an Act to amend the charter of the City of Macon, and for other purposes.
678
JouRNAL OF THE SENATE,
By Mr. Phillips of Telfair-
Hause Bill No. 720. A bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for Telfair County, and for other purposes.
By Mr. Atwood of Mcintosh-
House Bill No. 737. A bill to be entitled an Act to
regulate live stock dealers in Mcintosh County, and for
other purposes.
By Messrs. Battle, Meredith and Roberts of Muscogee--
House Bill No. 740. A bill to be entitled an Act to amend the Act abolishing Justice Courts in Muscogee County, and for other purposes.
By Mr. Dykes of Dooly-
House Bill No. 754. A bill .to be entitled an Act to amend the Act creating Board of Commissioners for Dooly County, and for other purposes.
By Mr. Cone of Bulloch-
Hause Resolution No. 74. A resolution to define legal status of the unpaid appropriations of 1928 and 1929.
By Messrs. Mooty and Martin of Troup-
House Resolution No. 104. A resolution to require State Library to furnish certain reports to Ordinary of Troup County.
The following bills, favorably reported were read the second time:
By Mr. Whaley of the 35th-
Senate Bill No. 243. A bill to amend an Act providing police pensions for certain cities.
FRIDAY, AUGUST 9, 1929.
679
By Mr. Brewer of the 46th-
Senate Bill No. 254. A bill to amend the charter of the City of Douglas.
By Messrs. Moore and Parker of Colquitt-
House Bill No. 17. A bill to amend an Act providing an occupation tax on motor fuels.
By Mr. Boykin of Lincoln-
House Bill No. 143. A bill to provide for a tax on net Incomes.
By Mr. Nottingham of Bibb-
House Bill No. 490. A bill to authorize Ordinary or County Commissioners of certain counties to name depositories.
By Mr. Dickey of Gordon-
House Bill No. 565. A bill to amend the charter of the Town of Ranger.
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 613. A bill to amend the charter of the City of Valdosta.
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 614. A bill to amend the charter of the City of Valdosta.
By Laurens Delegation-
House Bill No. 698. A bill to amend the charter of the Town of Dexter.
The following resolution, favorably reported, was read and adopted:
680
JOURNAL OF THE SENATE,
By Messrs. Russell of Barrow and Wood of Clarke-
House Resolution No. 106. A resolution expressing appreciation to Masons of Georgia for their generosity and patriotism to children of Georgia.
By unanimous consent the following bill was withdrawn from the committee, read the second time and recommitted:
By Mr. Whaley of the 35th-
Senate Bill No. 259. A bill to allow banks to establish branch banks in certain cities.
By unanimous consent the following bill was recommitted to the Committee on Hygiene and Sanitation.
By Mr. Platt of the 7th and Mashburn of the 51st-
Senate Bill No. 220. A bill to provide for the sanitary protections of the water resources of the State.
By Mr. Vandiviere of the 39th-
Senate Bill No. 252. A bill to amend, revise, consolidate and supersede and reorganize the charter of the Town of Austell.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Lane of the 13thSenate Bill No. 197. A bill to change from fee system
to salary system in certain counties.
Mr. Lane moved to amend as follows:
FRIDAY, AUGUST 9, 1929.
681
1st. By striking the word "five" in the sixth line of the caption and by substituting in lieu thereof the word nine"; and by striking the words "forty-four" in the sixth line of the caption and by inserting in lieu thereof the words "thirty-three". 2nd. To amend Section 1, by striking the word "five" in line 2 of said section and by substituting therefor the word "nine"; and by striking the words forty-four" in the third line of said section and substituting in lieu therefor the words thirty-three", so that said section shall read "This Act shall apply to all counties in this State having by U. S. Census of 1920 a population of 28,000 and not more than 33,000."
The amendment was adopted.
The report of the Committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Mr. Hubbard of Wilkinson-
House Bill No. 181. A bill to amend the charter of the Town of Toomsboro.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29,"nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Lane asked unanimous consent thet Senate Bill No. 151 be taken from the table.
Mr. Pitner objected.
Mr. Lane moved the bill be taken from the table and the motion prevailed.
682
JouRNAL OF THE SENATE,
The following bill was read the third time and placed upon its passage:
By Mr. Mathews of the 23rd-
Senate Bill No. 188. A bill to amend an Act reorganizing the military forces of this State.
Mr. Mathews moved to amend the bill as follows:
"Amend by striking from Section 2 and Paragraph 70-A and sub-section (b) thereof the words "Supreme Court of Georgia" and inserting in lieu therefor the words "Court of Appeals of Georgia"; and from said sub-section the words "fast bill" and substituting the word "bill" therefor; and by striking from said sub-section all of the following "The Supreme Court shall inquire into and pass upon all questions of law and fact presented by the record". Said sub-section, as amended to read as follows "The ruling of all court martials in time of peace on the qualifications or competence of its members shall be subject to review by the court of Appeals of Georgia upon bill of exceptions."
The amendment was adopted.
The report of the committee which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 27, nays 3.
The hili having received the requisite constitutional majority was passed as amended.
The following bill was read the third time and taken up for consideration.
By Mr. Mathews of the 23rd-
Senate Bill No. 189. A bill to amend an Act reorganizing the militarv forces of this St:~.te.
FRIDAY, AUGUST 9, 1929.
683
Mr. Lankford called for the previous question and the call was sustained.
The report of the committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill Mr. Mathews called for the Ayes and Nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting on the affimative were Messrs.:
Allen, Wade Atkinson, B. A. Fletcher, J. M. Garrison, J. M. Harris, B. F. King,E.R.
Lawson, H. F. Mathews, Sam M. Myrick, Shelby Pitner, J. M. Rawls, H. G. Terrell, J. Render
Tyson, Wm. S. Vandiviere, H. G.
Vaughn, c. R.
Whaley, W. V. Williams, E. M. Williams, Felix C.
Those voting on the negative were Messrs.:
Adams, Geo. W. Barrett, J. B. R.. Bird, A. J. Brewer, J. C. Davis, J. S. Ford, P. B. Goode, Geo. L.
Ham, T. C. Hyman, J. E. Lane, W. T. Lankford, Geo. W. Lokey, C. E. Mashburn, Marcus McElmurray, W. L.
Paulk, R. Peebles, Leon L. Redwine, Chas. D. Smith, Jno. A. Wright, Seaborn Zellars, B. B.
On the passage of the bill the Ayes were 18, Nays 20.
The bill having failed to receive the requisite constitutional majority was lost.
The following privileged resolutions were read and adopted.
By Mr. Goode of the 31st-
A resolution extending the privileges of the floor to Hon.
J. W. Wansley. of Franklin County during his stay in the
City.
684
JouRNAL oF THE SENATE,
By Mr. Williams of the 16th-
A resolution extending the privileges of the floor to Hon. H. C. Morgan, Solicitor General of the Alapaha Circuit during his stay in the City.
Mr. Smith of the 25th moved that the Senate Bill No. 139 be taken from the table, and the motion was lost.
The following communication was read:
618-20 FOURTH NATIONAL BANK BLDG., AUGUST 7, 1929.
Hon. Cecil Neill, President of the Senate, State Capitol, Atlanta, Ga.
My dear Mr. President:
It is my pleasure to extend to the lawyers in the Senate a very cordial invitation from the Lawyers' Club of Atlanta to attend its August Meeting at the Henry Grady Hotel at 6 o'clock P. M. Friday, August 9th. Dinner will be served at 6 o'clock, after which Dr. S. V. Sanford, of the University of Georgia, will make an address.
We hope that all of you will be with us.
Sincerely yours,
HuGHES RoBERTS,
President.
Mr. Myrick of the 1st, vice-chairman of the committee on Rules, submitted the following report:
FRIDAY, AuousT 9, 1929.
685
Mr. President:
Your committee on Rules have established the following as the calendar of business for Friday, August 9th, 1929, to-wit:
Senate Bill No. 3. Mileage Bill for concurrence with House Substitute.
Senate Bill No. 96. Creating Law Department.
Senate Bill No. 68. District School Bill.
Senate Bill No. 160. Board of Pharmacy Bill.
Senate Bill No. 154. Amending Act Creating Board of Veterinary Examiners.
The above calendar to last not later than 10:30, then to be as follows:
Senate Bill No. 139. Prohibiting County Aid for State roads (If taken from table.)
Senate Bill No. 238. County Aid for Roads and Equalization Fund. Constitutional Amendment.
Senate Bill No. 152. Authorizing School Districts to contract.
Senate Resolution No. 25. Providing for Special Session of the General Assembly to Inaugurate Governor in January.
Senate Bill No. 131. Providing Salary for Members General Assembly.
Senate Bill No. 77. Lieutenant Governor Bill.
House Bill No. 115. Salary Judge Augusta Circuit.
Senate Bill No. 227. Amending Act Creating the Securities Commission.
Senate Bill No. 228. Chiropody Bill.
686
JouRNAL oF THE SENATE,
Senate Bill No. 249. Changing the name of the South Georgia Junior State College to South Georgia State College.
Senate Bill No. 206. Criminal Procedure Bill.
Senate Bill No. 207. Criminal Procedure Bill.
The following bill was taken up for the purpose of concuring in the House Substitute to the same:
By Mr. Neill of the 24thSenate Bill No. 3. A bill known as the "Mileage Bill."
Mr. Lawson moved that the substitute, together with all amendments be printed, and that the further consideration of the measure be postponed until next Wednesday, August 14th, 1929.
Mr. Lankford called for a division of the question.
The President announced the division as follows: to first Act upon the motion to postpone until Wednesday next, and then upon the question of having the measure printed.
The motion to postpone further consideration until next Wednesday prevailed.
The motion to order printed prevailed.
The following privilege resolution was read and adopted:
By Mr. Redwine of the 26th-
Senate Resolution No. 61. A resolution commending
Mrs. J. Render Terrell for her able and exceedingly
important work in preserving the legislative history of the State of one hundred years ago.
The following bill was taken up for consideration:
FRIDAY, AUGUST 9, 1929.
687
By Messrs. Neill of the 24th and Myrick of the 1st-
Senate Bill No. 238. A bill to amend Constitution of Georgia so as to create an equalization fund for purposes of education.
Mr. Terrell of the 36th asked unanimous consent that 300 copies of the bill be printed for the use of the Senate and House and that further consideration of the bill be postponed until Tuesday, August 13th, 1929.
Mr. Myrick objected.
Mr. Terrell moved that the bill be printed and that further consideration of the same be postponed until Tuesday, August 13th, 1929, and the motion prevailed.
The following bill was taken up for consideration:
By Mr. Pitner of the 50th-
Senate Bill No. 152. A bill to amend constitution to allow county school systems to contract with each other.
Mr. Goode moved that 300 copies of the bill be printed for the use of the Senate and House and that further consideration of the bill be postponed until Tuesday, August 13th, 1929, and the motion prevailed.
The following resolution was taken up for c.onsideration:
By Mr. Neill of the 24th-
Senate Resolution No. 25. A resolution proposing an amendment to the Constitution relative to sess10ns of the General Assembly.
Mr. Neill asked unanimous consent that the further consideration of the resolution be postponed until Tuesday August 13th, 1929, and the consent was granted.
The following bill was read the third time and taken up for consideration:
688
JouRNAL oF THE SENATE,
By Mr. Goode of the 31st-
Senate Bill No. 96. A bill to create a law department.
Mr. Hyman of the 20th called for the previous question, and the call was sustained.
Mr. Williams of the 16th moved to amend as follows:
"Amend by adding, "That said Assistants to Attorney General shall be appointed by him from the four sectiops of the State, to-wit: one from N. E. Georgia, one from S. E. Georgia, one from N. W. Georgia and one from S. W. Georgia."
The amendment was adopted.
The committee on General Judiciary No. 2 moved to amend the bill as follows:
"Amend by striking the words "January 1, 1930" appearing in the third line of Section 2, and inserting in lieu thereof the words "July 1, 1931"; and further amend by adding after the words "State Commissioner of Agriculture" in line 7 of Section 4 of said bill, the words "State Game and Fish Department."
The amendment was adopted.
Mr. Terrell a.Sked unanimous consent that the bill be tabled, and Mr. Zellars objected.
The report of the committee, which was favorable to the passage of the bill as amended, was disagreed to and the bill was lost.
Mr. Tyson moved that the Senate reconsider its action in ordering Senate Bill No. 238 printed and postponing consideration of the same until next Tuesday, and the motion prevailed.
The following bill was read the third time and placed upon its passage:
FRIDAY, AuousT 9, 1929.
689
By Messrs. Neill and Myrick-
Senate Bill No. 238.
A BILL.
To be entitled an Act proposing an amendment to Paragraph 1, Section 1, of Articles 7, of the Constitution of the State of Georgia to such effect as; (a) to aid and support the several counties of the State in the construction and maintenance of County bridges, roads and highways, and (b) to create an equalization or other fund, or plan, program, or arrangement for the purpose of equalizing educational opportunities to the children of the several counties of the State, and or the cities towns and schools districts; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Paragraph 1, Section 1 of Article 7, of the Constitution of the State of Georgia, relating to the powers of taxation by the General Assembly be amended by adding thereto the following; (a) to aid and support the several Counties of the State in the construction and maintenance of County bridges, roads, and highways, and (b) to create an equalization or other fund, or plan, program or arrangement for the purpose of equalizing educational opportunities to the children of several counties of the State, and or the cities, towns and school districts.
Sec. 2. Be it further enacted by the authority aforesaid that whenever the above proposed amendment to the Constitution of the State shall be agreed to by two thirds of the members elected to each M the Houses of the General Assembly with the formalities required by law, the Governor of this State shall cause the proposed amendment to be published in one or more newspapers in each Congressional District in this State for the period of two man ths next preceding the time of holding the
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next general election, and the Governor of this State is: hereby authorized and directed to provide for the submission o( the amendment proposed for ratification or rejection to the electors of this State at the next general election to be held after said publication, at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Paragraph 1, Section 1, Article 7, of the Constitution of Georgia, (a) providing for State aid and support to the several Counties of the State in the construction and maintenance of County bridges, roads and highways, and (b) to create an equalization or other fund, or plan, program or arrangement for the purpose of equalizing educational opportunities to the children of the several counties of the State, and or the cities, towns and school districts. 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 Paragraph 1, Section 1, of Article 7, of the Constitution of Georgia providing for (a) State aid and support to the several counties of the State, in the construction and maintenance of County bridges, roads and highways, and (b) to create an equalization or other fund or plan program or arrangement for the purpose of equalizing educational opportunities to the children of the several counties of the State, and of the cities, towns and school districts. If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, then said amendment shall become a part of the Cons ti tu tion of this State, and the Governor shall make proclamation thereof as provided by law.
FRIDAY, AUGUST 9, 1929.
691
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.
The report of the committee, which was favorable to the passage of the bill was agreed to.
The bill proposing a constitutional amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade
Alston, G. C. Atkinson, B. A.
Barrett, :r. B. R. Bird, A. :r. Brewer, :r. C.
Cook, Jno. M. Dame, George M.
Fletcher, :r. M.
Ford, P. B.
Garrison, :r. M.
Goode, Geo. L.
Ham, T. C.
liYman, :r. E.
Kidd, W. J. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Myrick, Shelby Paulk, R.
Peebles, Leon L.
Pitner, :r. M.
Platt, Wm. H. Rawls, H. G. Sibley, J. Hart Smith, Jno. A.
Terrell, :r. Render
Tyson, Wm. S. Vandiviere, H. G. Whaley, W. V. Williams, Felix C. Zellars, B. B.
Those voting in the negetive were Messrs.:
Adams, Geo. W.
Davis, :r. S.
King, E. R.
Redwine, Chas. D.
On the passage of the bill the ayes were 36, the nays 4.
The bill having received the requisite two-thirds constitutional majority was passed.
Mr. Mathews of the 23rd gave notice that at the proper time he would move that the Senate reconsider its action in defeating Senate Bill No. 189.
Mr. Pitner of the 50th moved that the Senate reconsider its action in ordering Senate Bill No. 152 printed and consideration of the same postponed until next Tuesday, August 13th, 1929, and that the bill be taken up for consideration at this time, and the motion prevailed.
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JouRNAL OF THE SENATE,
The following bill was read the third time and placed upon its passage:
By Mr. Pitner of the 50th-
Senate Bill No. 152.
A BILL.
To be entitled an Act to amend Paragraph 1, Section 4, Article 8, of the Constitution of the State of Georgia, providing a method of cooperation between the educational systems of the State by allowing County school systems, local districts, city and town systems, independent and quasi-independent school systems, to con tract with each other so as to provide for the education of the children of school age, for the purchase and maintenance of school buildings and property, for the payment of obligations when two or more districts are merged with each other, for the transportation of children from one system to another 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 aforesaid, that Paragraph 1, of Section 4, of Article 8, of the Constitution of this State be amended by adding thereto the following proviso.
"Provided, That whenever, in the opinion of the County Board of Education, the best interests of the educational systems herein named require, that the governing educational body or bodies of any County, local district, incorporated town or city, independent system or quasi-independent system, may in their discretion contract with each other for the education, transportation and care of children of school age, for the joint purchase and maintenance of school buildings, equipment, or other school property, for the assumption and payment of any legal debt, bonded or otherwise, which has been incurred by any educational
FRIDAY, AucusT 9, 1929.
693
system or district, when such system or district is merged with another system or district, so that any lawful funds coming into the hands of such boards, bodies or trustees may be applied to such purposes; but providing that nothing herein shall affect the legal status of any county system, local district, incorporated town or city, independent or quasi-independent system, organized or to be organized under existing laws, but shall furnish a method of cooperation between the systems enumerated or like systems."
So that when Paragraph 1, of Section 4, of Article 8, is so amended it shall read as follows:
"Authority is granted to the Counties and Municipal corporations, upon the recommendation of the corporate authority to establish and maintain public schools in their respective limits by local taxation. The proper county authorities whose duty it is to levy taxes for county purposes in this State shall, on the recommendation of the Board of Education, assess and collect for the support of the public schools under its control not less than one nor more than five mills on the dollar of all taxable property of the county outside of indeiJendent local systems, which shall be distributed equitably according to the school population, tax values, the number of teachers, and their grade of license, among the public schools therein. An additional levy than that already allowed, not to exceed five mills, shall be permissible in independent local systems, municipalities or school districts on a two-thirds vote of those voting. No additional election shall be required to maintain any local school tax now in existence in districts, counties or municipalities provided this bill shall not apply to counties having a local school system of taxation adopted prior to the Constitution of 1877.
Provided, That whenever, in the opinion of the County Board of Education, the best interests of the educational
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JOURNAL OF THE SENATE,
systems herein named require, that the governmg educational body or bodies of any County, local district, incorporated town or city, independent system or quasiindependent system, may in their discretion contract with each other for the education, transportation and care of children of school age, for the joint purchase and maintenance of school buildings, equipment, or other school property, for the assumption and payment of any legal debt, bonded or otherwise, which has been incurred by any educational system or district, when such system or district is merged with another system or district, so that any lawful funds coming into the hands of such boards, bodies or trustees may be applied to such purposes but providing that nothing herein shall affect the legal status of any county system, local district, incorporated town or city, independent or quasi-independent system, organized or to be organized under existing laws, but shall furnish a method of cooperation between the systems enumerated or like systems."
Sec. 2. Be it further enacted that if this Constitutional amendment shall be agreed to by two- thirds of the members of the General Assembly of each house, the same shall be entered on the Journal with the ayes and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each Congressional District of the State for two months immediately preceding the next general election, and the voters shall have written or printed on their tickets. "For ratification of amendment to Paragraph 1, Section 4, Article 8, of the Constitution, or "Against ratification of amendment to Paragraph 1, Section 4, Article 8, of the Constitution," as they may choose, and if a majority of the electors of this State shall vote in favor of a ratification, then said amendment shall become a part of Paragraph 1, Section 4, Article 8, of the Constitution of this State and the Governor shall so proclaim.
Sec. 3.. Be it enacted that all laws and parts of laws
FRIDAY, AUGUST 9, 1929.
695
in conflict with this Act be and the same are hereby repealed.
Mr. Rawls of the 8th called for the prevwus question and the call was sustained.
The report of the committee, which was favorable to t~e passage of the bill was agreed to.
The bill proposing an amendment to the Constitution the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M. Fletcher, J. M. Ford, P. B. Goode, Geo. L. Ham, T. C. Hyman, J.E.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F.
Lokey, c. E.
Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Myrick, ShelbY Paulk, R. Peebles, Leon L. Pitner, J. M.
Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Zellars, B. B.
On the passage of the bill the ayes were 40, the nays 0.
The bill having received the requisite two-thirds constitutional majority was passed.
Mr. Goode asked unanimous consent that the Senate reconsider its action of yesterday in providing for an afternoon session today.
Mr. Williams of the 27th objected.
Mr. Pitner asked unanimous consent that the bill just passed, Senate Bill No. 152, be immediately transmitted to the House and the consent was granted.
The hour 1:00 o'clock having arrived the President, in accordance with a motion adopted on yesterday, de-
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JouRNAL OF THE SENATE,
dared the Senate adjourned until 3:00 o'clock P. M. this day.
AFTERNOON SESSION'
3:00 o'cLocK P. M.
The Senate met pursuant to adjournment at 3:00 P. M. this afternoon and was called to order by the President.
The following House Bills were read the first time and referred to Committees:
By Mr. Wind of Grady, Sloan of Hall and Rosser of WalkerHouse Bill No. 31. A bill to amend an Act revising the
game and fish laws of Georgia. Referred to Committee on Game and Fish.
By Mr. Taylor and Mr. Scruggs of WashingtonHotrse Bill No. 657. A bill to create a Recorders Court
for the City of Tennille.
Referred to Committee on Special Judiciary.
By Mr. Osborne of OconeeHouse Bill No. 676. A bill to amend an Act creating
Boar_d of Commissioners for Oconee County.
Referred to Committee on Counties and County Matters. By Mr. Russell of Barrow-
House Bill No. 686. A bill to amend an Act providing for four terms a year of Barrow Superior Court.
Referred to Committee on Special Judiciary.
FRIDAY, AucusT 9, 1929.
697
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 687. A bill to increase salary of the Judge of the City Court of Valdosta.
Referred to Committee on Special Judiciary.
By Mr. Courson of Treutlen-
House Bill No. 699. A bill to amend an Act creating City Court of Soperton.
Referred to Committee on Special Judiciary.
By Bibb Delegation-
House Bill No. 713. A bill to amend the charter of the City of Macon.
Referred to Committee on Corporations.
By Mr. Phillips of Telfair-
Hause Bill No. 720. A bill to amend an Act creating Board of Commissioners for Telfair County.
Referred to Committee on Counties and County Matters.
By Mr. Atwood of Mcintosh-
.
.
House Bill No. 737. A bill to regulate live stock dealers in MCintosh County.
Referred to Committee on Special Judiciary.
By Muscogee Delegation-
House Bill No. 740. A bill to amend an Act abolishing Justice Courts in Muscogee County.
Referred to Committee on Special Judiciary.
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JouRNAL OF THE SENATE,
By Mr. Dykes of Dooly-
House Bill No. 754. A bill to amend an Act creating a Board of Commissioners for Dooly County.
Referred to Committee on Counties and County Matters.
The following house resolutions were read and referred to committees:
By Mr. Cone of BullochHo~se Bill No. 74. A resolution to define legal status
of the unpaid appropriations of 1928 and 1929..
Referred to Committee on Appropriations.
By Messrs. Martin and Mooty of Troup--
House Resolution No. 104. A resolution to require State Librarian to furnish certain reports to ordinary of Troup County.
Referred to Committee on Special Judiciary.
Mr. Lankford of the 15th made a motion for a call of the Senate, to ascertain if a quorum be present.
Upon the call of the roll the following senators answered to their names:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M.
Davis, J. s.
Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L.
Ham,T.C. Harris, B. F. Hyman, J.E.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus
McElmurray, w. L.
Myrick, Shelby Paulk, R. Peebles, Leon L.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix 0. Zellars, B. B. Mr. President
FRIDAY, AUGUST 9, 1929.
699
There being a quorum present the Senate proceeded with the transaction of business.
Mr. Tyson of the 2nd District, Chairman of the Committee on Railroads, submitted the following report:
Mr. President:
Your Committee on Railroads has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same- back to the Senate with the recommendation that the same do pass:
Senate Bill No. 222.
Respectfully submitted,
TYsoN, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill Nos. 692-726-684-691-560-762-559
Respectfully submitted,
DAvis, Chairman.
Mr. Hyman of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
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JOURNAL OF THE SENATE,
Mr. President:
Your Committee on Generai Judiciary No. 1 has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 207. Senate Bill No. 206.
Respectfully submitted,
HYMAN, Chairman.
Mr. Vandiviere of the 39th District, Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President:
Your Committee on Privileges and Elections has had under consideration the following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 723 do pass.
Respectfully submitted,
VANDIVIERE, Chairman.
The following bills, favorably reported were read the second time:
By Mr. Lance of Hall-
House Bill No. 559. A bill to amend the charter of the City of Gainesville.
By Mr. Colson of GlynnHouse Bill No. 560. A bill to amend the charter of the
City of Brunswick.
FRIDAY, AuousT 9, 1929.
701
By Fulton Delegation-
House Bill No. 684. A bill to amend an Act providing for pensions for employees of certain countie3.
By Mr. Adkins of Calhoun-
House Bill No. 691. A bill to create a new charter for the City of Edison.
By Mr. Adkins of Calhoun-
House Bill No. 692. A bill to amend the charter of the Town of Leary.
By Mr. Huddleston of Meriwether-
Hause Bill No. 723. A bill to provide for nomination in primaries of members of General Assembly.
By Mr. Beasley of Tatnall-
House Bill No. 726. A bill to amend an Act creating the City of Collins.
By Fulton Delegation-
House Bill No. 762. A bill to provide the duties and powers of county school boards in certain counties.
The following bill was read the third time and placed upon its passage:
Senate Bill No. 249. A bill to change the name of the South Georgia Junior State College at Douglas, 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 28, the nays 0.
The bill having received the requisite constitutional majority was passed.
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JouRNAL oF THE SENATE,
The following bill was read the third time and placed upon its passage:
By Mr. Rawls of the 8th-
Senate Bi11 No. 160. A bill to amend an Act establishing a board of Pharmacy.
The committee propose-d the following substitute:
A BILL.
To be entitled an Act to amend an Act approved August 20, 1927, entitled "An Act to establish the Georgia Board of Pharmacy; to define its duties and powers; to fix the qualifications of the members of said board, and to provide for their compensation and manner of appointment; to regulate the compounding and vending of medicines, drugs, and poisons; to prescribe the penalty for a violation of the provisions of this Act to repeal Section 1722 to 1731, both inclusive, and amendments thereto, of the Civil Code of Georgia; to provide for an annual registration fee of all licentiates of the Georgia Board of Pharmacy in the State, and to provide for its collection, and the disbursement of said funds; and for other purposes," by amending Section 13, of said Act by providing the qualifications of applications for license before the Board of Pharmacy, and by amending Section 23, of said Act by providing for the payment of an annual registration fee by persons licensed under said Act, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 13, of an Act approved August 20, 1927, entitled "An Act to Establish the Georgia Board of Pharmacy; to define its duties and powers; to fix the qualifications of the members of said board, and to provide for their compensation and manner of appointment; to regulate the compounding and vending of medi-
FRIDAY, AucusT 9, 1929.
703
-cines, drugs, and poisons; to prescribe the penalty for a violation of the provisions of this Act; to repeal Sections 1722 to 1731, both inclusive, and amendments thereto, of the Civil Code of Georgia; to provide for an annual registration fee of all licentiates of the Georgia Board of Pharmacy in the State, and to provide for its collection, and the disbursement of said funds; and for other pllrposes," be and the same is hereby amended by striking all of said Section 13, after the word "same" in line two thereof, and inserting in lieu thereof the following; "That all applications for license before the said Board of Pharmacy shall be graduated from a school, or college, or department of pharmacy of a university, whose entrance and curricul,Jm requirements are recognized by the said Board of Pharmacy as meeting the requ'irements for reciprocation with any other State Board of Pharmacy", so that said Section 13, as amended, shall read as follows:
Sec. 13. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That all applicants for license before the said Board of Pharmacy shall be graduated from a school, or college, or department of pharmacy of a university, whose entrance and curriculum requirements are recognized by the said Board of Pharmacy as meeting the requirements for reciprocation with any other State Board of Pharmacy." Provided, that this section shall become effective on and after June 1, 1933, and that prior to June 1, 1933, applicants for license before said Board of Pharmacy shall possess the qualifications now provided by Section 13, of said Act of August 20, 1927.
Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same that Section 23, of said Act approved August 20, 1927, be and the same is hereby amended by adding, after the word, "annually", in line ten of said Section 23, the following; "and pay an annual registration fee of $1.00 to the
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JouRNAL OF THE SENATE,
said secretary", so that said Section 23, as amended, shall read as follows:
Sec. 23. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that all persons now lawfully engaged in compounding and vending medicines, drugs, and poisons in this State, shall, on or before the first day of January following the passage of this Act, and every person who shall be hereafter duly licensed under the provisions of this Act shall, before engaging in any b:1siness under said license, register in the <Jffi.ce of the Secretary of the Georgia Board of Pharmacy annually, and pay an annual registration fee of $1.00 to the said secretary; said registration shall be entered in a book to be kept for that purpose by said secretary, his name, nationality, and credentials and date thereof under which he is entitled to engage in such vocation at the time of filing such registration, and a certificate of such registration, stating the terms of the same, shall be given him by said secretary."
Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.
The report of the committee which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
Mr. Williams of the 27th moved that when the Senate adjourn today it stand adjourned until Monday Morning August 12, 1929, at 11:00 o'clock.
FRIDAY, AUGUST 9, 1929.
705
Mr. Vandiviere moved that when the Senate adjourn today it stand adjourned until tomorrow morning at 9 :00 o'clock.
Mr. Vaughn moved that when the Senate adjourn today it stand adjourned until Monday morning, at 10:00 o'clock.
Mr. Lankford moved that the Senate stay in session today until 6:00 P. M. and than adjourn until Monday morning at 10:00 o'clock.
Mr. Rawls asked unanimous consent that when the Senate adjourn today it stand adjourned until Monday morning at 10:00 o'clock.
Mr. Myrick of the 1st objected.
Mr. Myrick moved that when the Senate adjourn today it stand adjourned until tomorrow morning at 9:15 o'clock.
Mr. Williams of the 27th asked unanimous consent to amend his motion so as to provide for adjournment until 10:00 o'clock Monday morning, and the consent was granted.
Mr. Lane asked unanimous consent to postpone action on the various motions until after the completion of the calendar of today's business.
Mr. Tyson objected.
Mr. Myrick called for the ayes and nays on the motion of Senator Williams of the 27th and the call was sustained.
The roll call was ordered and the vote was as follows:
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JouRNAL or THE SENATE,
Those voting in the affirmative were Messrs.:
Alston, G. 0. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M. Fletcher, J. M.
Kidd, W. J. King, E. R. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus McElmurray, W. L.
Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Vaughn, 0. R. Whaley, W. V. Williams, E. M. Zellars, B. B.
Those voting in the negative were Messrs.:
Adams, Geo. W. Davis, J. S. Ford, P. B. Garrison, J. M. Ham, T. C.
Myrick, Shelby Paulk, R. Peebles, Leon L. Pitner, J. M. Sibley, J. Hart
Smith, Jno. A. Tyson, Wm. S. Vandiviere, H. G. Williams, Felix 0.
Mr. Smith asked unanimous consent to dispense with the verification of the roll call.
Mr. Rawls objected.
The ayes were 22, the nays 14.
The motion of Senator Williams of the 27th therefore prevailed.
The following bill was read the third time and placed upon its passage:
By Messrs. Parker, Pilcher and Traylor of RichmondHouse Bill No. 115.
A BILL.
To be entitled. an Act to amend Paragraph 1, of Section 13, of Article 6, of the Constitution of the State of Georgia, in so far as said paragraph relates to the salary of the Judge of the Superior Court of the Judicial Circuit in which is located the County of Richmond, so as to require the County authorities of Richmond County, from the Treasury of said county, to supplement the
FRIDAY, AuausT 9, 1929.
707
salary of such judge in such amount as when added to the amount received by him out of the State Treasury will amount to Ten Thousand dollars per annum, and for other purposes.
Section 1. Be it enacted by the General AssE"mbly of the Stp.te of Georgia, and it is hereby enacted by authority of the same, that Paragraph 1, of Section 13, of Article 6, of the Constitution be amended as follows:
(a) By striking from said Paragraph the following "and provided further, that the Board of County Commissioners of the County of Richmond, or such other board or person as may from time to time exercise the administrative powers of said county, shall supplement from said county's treasury the salary of the Judge of the Superior Court of the Circuit of which the said County of Richmond is a part, by such sum as may be necessary with salaries paid such Judge from the State Treasury to make a salary for said Judge of $7,000.00 per annum; and such payments are declared to be a part of the Court expenses of said County, and such payment shall be made to the Judge now in office, as well as to his successors. The provisions of this amendment shall take effect and the salaries herein provided for shall begin from the ratification of this amendment, as prcvided in the Second section thereof, and shall apply to the incumbent in office, as well as his successors."
(b) By adding in lieu thereof the following: "and provided further that the Board of County Commissioners of the County of Richmond or such other Board or person as may from time to time exercise the administrative powers of said county, shall supplement from said County's treasury the salary of the Judge of the Superior Courts of the Augusta Circuit by such sums as may be necessary, with salaries paid such Judge from the State Treasury to make a salary for said Judge of ten thousand dollars per annum; and such payments are declared to be a part of the Court expenses of said County, and such paymE'nt
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JouRNAL oF THE SENATE,
shall be made to the Judge now in office, as well as his successors. The provisions of this amendment shall take effect and the salaries herein provided for shall begin from the ratification of this amendment, as provided in the second section thereof, and shall apply to the incumbents office as well as his successors.
Sec. 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution of this State shall be agreed to by two thirds of the members elected to each of the Houses of the General Assembly, and the same has been entered upon their Journals, with the ayes and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause the above proposed amendment to be published in one or more newspapers in each Congressional district in this State for the period of two months next preceding the time of holding the next general election and the Governor is hereby authorized and directed to provide for "the submission of the amendment proposed for ratification or rejection to the electors of this State at the next general election to be held after said publication at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment shall have written or printed on their ballots the words, "For amendment to Paragraph 1 of Section 13, of Article 6, of the Constitution providing for additional compensation to be paid by Richmond County to the Judge of the Superior Courts of the Augusta Circuit." All persons voting at such election against adopting the said proposed amendment shall have written or printed on their ballots the words, "Against amendment to Paragraph 1, of Section 13, of Article six of the Constitution, providing for additional compensatiOn to be paid by Richmond County to the Judge of the Superior Courts of the Augusta Circuit." If a majority of the electors qualified to vote for members
FRIDAY, AUGUST 9, 1929.
709
of the General Assembly voting thereon, shall vote for ratification, the Governor shall, when he ascertains the same from the Secretary of the State, to whom the returns from said election shall be referred in the same manner as in cases of election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one daily paper of the State, announcing such result and declaring the amendment ratified.
Sec. 3. Be it further enacted that all laws or parts of laws in conflict herewith are repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing a constitutional ~mendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A.
Kidd, W. J. King, E. R. Lane, W. T. Lankford, Geo. W.
Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart
Bird, A. J. Brewer, J. C.
Lawson, H. F. Lokey, C. E.
Smith, Jno. A. Tyson, Wm. S.
Cook, Jno. M. Dame, George M. Davis, J. S.
Mashburn, Marcus Mathews, Sam M. Myrick, Shelby
Vandiviere, H. G. Vaughn, C. R. Whaley, W. V.
Ford, P. B. Garrison, J. M. Ham, T. C. Hyman, J.E.
Paulk, R. Peebles, Leon L. Pitner, J. M.
Williams, E. M. Williams, Felix C. Zellars, B. B.
On the passage of the bill the ayes were 37, the nays 0.
The bill having received the requisite two-thirds constitutional ajority was passed.
Mr. Lankford moved that the Senate do now adjourn and the motion was lost.
The following bill was read the third time and taken up for consideration:
710
JouRNAL OF THE SENATE,
By Mr. Terrell of the 36th-
Senate Bill No. 228. A bill to authorize the practice of Chiropody in Georgia.
Mr. Lankford asked unanimous consent that the Senate do now adjourn.
Mr. Tyson objected.
Mr. Zellars moved that the Senate do now adjourn and the motion was lost.
Mr. Brewer moved that the bill be tabled.
Mr. Terrell moved that the further consideration of the bill be postponed until Monday morning, August 12th~
1929.
Mr. Lankford moved that the Senate do now adjourn and the motion prevailed.
In accordance with a motion previously adopted, the President declared the Senate adjourned until Monday morning, August 12th, 1929, at 10:00 o'clock.
MoNDAY, AuGUST 12, 1929.
711
SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, AuGusT 12, 1929.
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 the Chaplain. Mr. Sibley asked unanimous consent to dispense with the roll call.
Mr. Myrick objected.
The Secretary proceeded with the call of the roll and the following Senators answered to their names:
Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, :r. B. R. Brewer, :r. C. Cannon, Chas. E. Fletcher, :r. M. Garrison, :r. M. Goode, Geo. L. Ham,T.c. Harris, B. ]f. Hyman, :r. E. Lane, W. T.
Lawson, H. F.
Lokey, c. E. Mashburn, Marcus
_McElmurray, W. L. Myrick, Shelby Nichols, A. :r. Paulk, R. Peebles, Leon L. Pitner, :r. M. Platt, Wm. H. Sibley, :r. Hart Smith, :rno. A. Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Williams, E. M. Wright, Seaborn Zellars, B. B. Mr. President
Adams, Geo. W. Cook, Jno. M. Dame, George M. Davis, :r. S. Dorsey, :r. H. Ford, P. B. King, E.R. Lankford, Geo. W. Mathews, Sam M. Mickle, C. M. Rawls, H. G. Redwine, Chas. D. Terrell, :r. Render Whaley, W. V. Williams, Felix C.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of last Friday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of last Friday's proceedings was dispensed with.
Mr. Mathews moved that the Senate reconsider its action in defeating Senate Bill No. 189, and the motion was lost.
712
JOURNAL OF THE SENATE,
The following bills were introduced, read the first time and referred to committees:
By Mr. Whaley of the 35th-
Senate Bill No. 263. A bill to allow payment of pensions to county employees in certain counties.
Referred to Committee on Public Property.
By Mr. Williams of the 16th-
Senate Bill No. 264. A bill to amend Section 5858 of Civil Code of 1910 so as to prohibit agents and officers of corporation from testifying in certain instances.
Referred to Committee on General Judiciary No. 2.
By Mr. Platt of the 7th-
Senate Bill No. 265. A bill to amend Article 7, Section 2, paragraphs 2 and 2A of the Constitution of Georgia relative to any person building, equipping, establishing or enlarging a plant for the manufacture or processing of paper from wood, etc.
Referred to Committee on Amendments to the Constitution.
By Messrs. Sibley, Myrick and King-
Senate Bill No. 266. A bill to provide for the insurance of the public buildings of the State and the furniture of same.
Referred to Committee on Public Property.
By Mr. Vandiviere of the 39th-
Senate Bill No. 267. A bill to amend the charter of the Town of Canton in Cherokee County.
Referred to Committee on Corporations.
MoNDA.Y, AuousT 12, 1929.
7J3
Mr. Davis of the 21st District, Chairman of the Com-
mittee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 667.
Respectfully submitted,
DAVIs, Chairman.
Mr. Whaley of the 35th District, Chairman of the Committee on Public Property, submitted the ~ollowing report:
Mr. President:
Your Committee on Public Property has had under consideration the following bill of the- Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 263.
Respectfully submitted,
WHALEY, Chairman~
Mr. Goode of the 31st District, Chairman of the Committee on County and County Matters, submitted the following report:
Mr. President:
Your Committee on County and County Matter~ has had under consideration the following bill of the House .and has instructed me, as chairman, to report the same .back to the Senate with the recommendation that:
714
JouRNAL oF THE SENATE,
House Bill No. 621 do pass by substitute which is herewith submitted.
House Bill No. 621. House Bill No. 640 do pass.
Respectfully submitted, GooDE, Chairman.
Mr. Rawls of the 8th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 577.
Respectfully submitted,
RAWLs, Chairman.
The following bills, favorably reported were read the second time:
By Mr. Whaley of the 35th-
Senate Bill No. 263. A bill to authorize the payment of pensions to employees of certain counties.
By Messrs. Hewell and Adams of Elbert-
House Bill No. 577. A bill to amend the Constitution so as to permit Elberton to issue bonds.
MoNDAY, AuGUST 12~ 1929.
715
By Mr. Lochliear of ClinchHouse Bill No. 621. A bill to create office of Commis-
sioner of Roads and Revenues for Clinch County.
By Messrs. Holt and McKelvey of GwinnettHouse Bill No. 667. A bill to amend the c.harter of the
City of Buford.
By Mr. Strickland of BrantleyHause Bill No. 640. A bill to abolish the office of county
treasurer of Brantley County. By unanimous consent the following bill was withdrawn
from the committee, read the second time and recommitted:
By Mr. Dykes of DoolyHouse Bill No. 754. A bill to amend an Act creating a
Board of Commissioners for Dooly County.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the Senate, to-wit:
By Mr. Redwine of the 26th, and others-
Senate Bill No. 44. A bill to be entitled an Act to fix regular terms of Superior Court in certain counties, and for other purposes.
By Mr. Cook of the 45thSenate Bill No. 236. A bill to be entitled an Act to
716
JOURNAL OF THE SENATE,
amend the Act creating a Board of Commissioners of Roads and Revenues for Telfair County, and for other purposes.
By Mr. Tyson of the 2nd-
Senate Resolution No. 13. A resolution memorializing Congress to create a waterways and flood commission, and for other purposes.
By Mr. Goode of the 31st, and others-
Senate Resolution No. 47. A resolution declaring Saturday October 12, 1929 a legal holiday, as a courtesy to Yale University and to be known as Abraham Baldwin Day.
The following messag~" was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requlSlte constitutional maj?rity the following bills and resolutions of the House> to-wit:
By Mr. Freeman of Eany and others-
House BiJl No. 199. A bill to be entitled an Act to regulate the sale, inspection and distribution of commercial fertilizer, and for other purposes.
By Mr. Ellard of Habersham-
House Bill No. 310. A bill to be entitled an Act to amend the Constitution so as to allow the City of Cornelia to increase its bonded indebtedness, and for other purposes.
By Messrs. Cone of Bulloch and Culpepper of Fayette-
House Bill No. 331. A bill to be entitled an Act to amend an Act levying a tax on cigars and cigarettes, and for other
purpose~.
MoNDAY, AuousT 12, 1929.
717
By Mr. Davis of Floyd and others-
House Bill No. 543. A bill to be entitled an Act to amend the General Tax Act, and for other purposes.
By Mr. Me Whorter of Oglethorpe-
House Bill No. 618. A bill to be entitled an Act to permit Judges of any City Courts to preside and act in any other City Court in this State, and for other purposes.
By Messrs. Wood and Dubose of Clarke-
House Bill No. 629. A bill to be entitled an Act to amend the Code of 1910 as relates to councilmen and aldermen of cities in certain counties, and for other purposes.
By Miss Kempton and Messrs. Brown and Still of Fulton-
House Bill No. 685. A bill to be entitled an Act to amend the Act incorporating the City of College Park, and for other purposes.
By Miss Kempton and Messrs. Brown and Still of Fulton-
House Bill No. 721. A bill to be entitled an Act to permit certain counties to pass zoning laws, and for other purposes.
By Messrs. Huddleston and Mullins of Meriwether-
Hause Bill No. 722. A bill to be entitled an Act to amend the Penal Code of 1910, and for other purposes.
By Mr. Mundy of Clayton-
House Bill No. 734. A bill to be entitled an Act to amend the Act creating the City Court of Jonesboro, and for other purposes.
718
JOURNAL OF THE SENATE,
By Mr. Mundy of Clayton-
House Bill No. 735. A bill to be entitled an Act to amend the Act incorporating the Town of Lovejoy, and for other purposes.
By Mr. Mundy of Clayton-
House Bill No. 736. A bill to be entitled an Act to amend the charter of the Town of Forest Park, and for other purposes.
By Messrs. Alexander, Grayson and Mills of Chatham-
House Bill No. 738. A bill to be entitled an Act to amend the charter of the City of Savannah, and for other purposes.
By Mr. Edwards of Gilmer-
House Bill No. 739. A bill to be entitled an Act to amend the Act providing protection to birds, fish, game and furbearing animals, and for other purposes.
By Mr. Hanie of White-
House Bill No. 755. A bill to be entitled an Act to create a Board of Commissioners for White County, and for other purposes.
By Messrs. Weekes and Ramspeck of DeKalb-
House Bill No. 758. A bill to be entitled an Act to amend the Act establishing a new charter for the City of Atlanta, and for other purposes.
By Messrs. Hancock and Lord of Jackson-
House Bill No. 759. A bill to be entitled an Act to amend the charter of the City of Jefferson, and for other purposes.
MoNDAY, AuGUST 12, 1929.
719
By Mr. Jones of Lumpkin-
House Bill No. 767. A bill to be entitled an Act to abolish the Board of Commissioners of Lumpkin County, and for other purposes.
By Mr. Jones of Lumpkin-
House Bill No. 768. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Lumpkin County, and for other purposes.
By Miss Kempton and Messrs. Still and Brown of Fulton-
House Bill No. 771. A bill to be entitled an Act to amend the Act incorporating the City of Hapeville, and for other purposes.
By Miss Kempton and Messrs. Brown and Still of Fulton-
House Bill No. 772. A bill to be entitled an Act to amend the charter of the City of Atlanta, and for other purposes.
By Messrs. Gillen and Nottingham of Bibb-
House Bill No. 779. A bill to be entitled an Act to amend the Act creating the Municipal Court for the City of Macon, and for other purposes.
By Mr. Kirby of Forsyth-
House Bill No. 781. A bill to be entitled an Act to create the office of Tax Commissioner for Forsyth County, and for other purposes.
By Mr. Slater of Bryan-
House Bill No. 784. A bill to be entitled an Act to repeal Section 11, page 508, Acts of 1927, and for other purposes.
720
JOURNAL OF THE SENATE,
By Messrs. Alexander, Grayson and Mills of Chatham-
House Bill No. 786. A' bill to be entitled an Act to amend the Act creating the Municipal Court of Savannah, and for other purposes.
By Mr. Osborne of Oconee-
House Bill No. 799. A bill to be entitled an Act to amend the charter of the Town of Watkinsville, and for other purposes.
By Mr. Walker of Pierce-
House Bill No. 800. A bill to be entitled an Act to amend the Act creating the City Court of Blackshear, and for other purposes.
By Mr. Culpepper of Fayette-
House Bill No. 802. A bill to be entitled an Act to repeal the Act abolishing the office of County Treasurer of Fayette County, and for other purposes.
By Messrs. Davis, Crawford and Lanham of Floyd-
House Resolution No. 102. A resolution to authorize the authorities of Floyd County to reimburse Mrs. W. H. Ridley forfeited bond.
By Mr. Battle of Schley-
House Resolution No. 91. A resolution for relief of J. W.
Larkin and W. E. Wilson as surety on bond.
By Messrs. Martin and Mooty of Troup-
House Resolution No. 79. A resolution for relief of R. 0. Moore from liability on criminal appearance bond.
MoNDAY, AuousT 12, 1929.
721
By Mr. Collier of Madison-
House Resolution No. 122. A resolution for the relief
of M. J. Davis as surety on bond.
By Messrs. Crowe and Thomoson of Worth-
House Resolution No. 85. A resolution for the relief
of C. P. Pearson, A. T. Simerly and W. E. Ivey and R. L.
Deariso as sureties on a bond.
The following bills were read the third time and placed upon their passage:
By Mr. Whaley of the 35th-
Senate Bill No. 243. A bill to amend the Act establishing police pensions in certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Brewer of the 46th-
Senate Bill No. 254. A bill to amend the charter of the City of Douglas.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Nottingham of Bibb-
House Bill No. 490. A bill to authorize the oridina.ry or county commissioners in certain counties to name depositories.
722
JouRNAL oF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Lance of HallHouse Bill No. 559. A bill to amend the charter of the
City of Gainesville. The report of the committee, which was favorable to the
passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Colson of GlynnHouse Bill No. 560. A bill to amend the charter of the
City of Brunswick.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Dickey of Gordon. House Bill No. 565. A bill to amend the charter of the
Town of Ailey.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
Onthe passage of the bill the ayes were 32, nays 0.
MoNDAY, AuausT 12, 1929.
723
The bill having received the requisite constitutional majority was passed.
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 613. A bill to amend the charter of the
City of Valdosta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 614. A bill to amend the charter of the City of Valdosta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Strickland of Brandey-
House Bill No. 639. A bill to repeal an Act creating a County Court in certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
724
JOURNAL OF THE SENATE,
By Messrs. Brown and Still and Miss Kempton of Fulton-
House Bill No. 684. A bill to amend the Act providing for pensions for employees of certain counties.
The report of the committee, which was favorable to the
passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Adkins of Calhoun-
House Bill No. 691. A bill to create a new charter for the City of Edison.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Adkins of Calhoun-
House Bill No. 692. A bill to amend the charter of the Town of Leary.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0. The bill having received the requisite constitutional majority was passed.
By Laurens Delegation-
House Bill No. 698. A bill to amend the charter of the Town of Dexter.
The report of the committee, which was favorable to the p~ssage of the bill, was agreed to.
MoNDAY~ AuausT 12, 1929.
725
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Beasley of Tattnall-
House Bill No. 726. A bill to amend an Act creating the City of Collins.
The report of the committee, which was favorable to the passage qf the bill, was agreed to.
On thc:- passage of the bHl the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Still and Brown and Miss Kempton of Fulton-
House Bill No. 762. A bill to define school board rights in certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0. The bill having received the requisite constitutional majority was passed. The following privileged resolution was read and adopted:
By Mr. Myrick of the 1st-
Senate Resolution No. 62. A resolution providing that for the balance of the session there be no fixed hour of adjournment, and that beginning today and continuing throughout the remainder of the session the Senate shall reconvene at 3:00 P. M.
The following privileged resolution was read and adopted.
By Mr. Barrett of the 32nd-
A resolution extending the pnvileges of the floor to Hon.
726
JOURNAL OF THE SENATE,
James Dennison of the County of White during his stay in the City of Atlanta.
Mr. Myrick of the 1st, Vice-Chairman of the Committee on Rules, submitted the following report, to-wit:
Mr. President:
Your Committee on Rules have established the following as the calendar of business for Monday August 12, 1929, to-wit:
Senate Bill No. 226. Senate Bill No. 227. Senate Bill No. 68. Senate Bill No. 154. Senate Bill No. 139 (if taken from the table.) Senate Bill No. 206. Senate Bill No. 207. Senate Bill No. 77. Senate Bill No. 217. Resolution No. 25. Senate Bill No. 131. The following bill was read the third time and placed upon its passage:
By Mr. Lawson of the 14th-
Senate Bill No. 226. A bill to define and provide for the duration of charters granted to purchasers of railroads.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bills, a division of the Senate re-
MoNDAY., AuGUsT 1~_, 1929.
727
vealing the fact that no quorum had voted, Mr. Lane, acting President, ordered the roll called, and vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade A:lston, G. 0. Barrett, J. B. R. Brewer, J. 0. Dame, George M.
Davis, :r. S.
Fletcher, J. M. Ford, P. B. Goode, Geo. L. Ham, T. 0. Harris, B. F.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, 0. E. Mathews, Sam M. McElmurray, W. L. Mickle, 0. M. Myrick, Shelby Nichols, A. J. Paulk, R.
Peebles, Leon L. Pitner, J. M. Redwine, Ohas.~D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Whaley, W. V. Williams, E. M. Williams, Felix 0.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read and taken up for consideration.
By Mr. Terrell of the 36th-
Senate Bill No. 227. A bill to amend an Act e..;tablishing the Securities Commission.
Mr. Terrell asked unanimous consent that the further consideration of the bill be postponed until .Wednesday, August 14, 1929, and the consent was granted.
The following bill was tak~n up for the purpose of disagreeing to the report of the Committee:
By Mr. Whaley of the 35th-
Senate Bill No. 68. A bill to abolish the A. and M. Schools.
Mr. Ford of the previous question and the call was not sustained.
728
JOURNAL OF THE SENATE,
Mr. Mathews called for the previous question and the call was sustained.
On agreeing to the report of the committee Mr. Terrell of the 36th called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Barrett, J. B. R. Brewer, J. 0. Goode, Geo. L. Ham,T.O. Harris, B. F.
Hyman, J.E. Lane, W. T. Lankford, Goo. W. Lawson, H. F. Mickle, 0. M. Myrick, Shelby
Paulk, R. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Williams, E. M. Williams, Felix 0.
Those voting in the negative were Messrs.:
Allen, Wade Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. King, E. R.
Lokey, 0. E. Mathews, Sam M. McElmurray, W. L. Nichols, A. J. Peebles, Leon L. Pitner, J. M. Platt, Wm. H.
Redwine, Ohas. D. Tyson, Wm. S. Vandiviere, H. G. Vaughn, 0. R. Whaley, W. V. Wright, Seaborn Zellars, B. B.
The ayes were 18, nays 21.
The report of the committee, which was unfavorable to the passage of the bill was disapreed to.
The bill was therefore read the third time and placed upon its passage:
Mt. Pitner moved to amend the bill as follows:
"Amend by inserting the following at the end of Paragraph 3. 'Provided that before this Act shall go in to effect the question shall be submitted to a vote of the qualified electors of the State of Georgia at the same time that State House officers are elected, upon the ballot prepared by the Secretary of State to be used at said election have placed two forms as follows: 'For abolishing the
MoNDAY, AuGUST 12, 1929.
729
District A. & M. Schools' and 'Against abolishing the District A. & M. Schools.' When the vote cast shall have been canvassed and consolidated, the Secretary of State shall report the result to the Governor who shall thereupon issue his proclamation declaring the result of said referendum. Should said vote be in favor of the abolition of said A. & M. Schools, then this Act shall go in to effect on July 1st, thereafter. If said vote is against the abolition of said schools this Act shall not go into effect."
The amendment was adopted.
Mr. Hyman moved that the Senate reconsider its action in adopting the amendment, and the motion was lost.
Mr. Pitner further moved to amend as follows:
"Amend by striking Section 3 and inserting in lieu thereof the following: Be it further enacted that all property, real and personal, of all kinds, including chases in action, money or other thing of value of the said described district schools of Agriculture and the Mechanical Arts shall be sold and the proceeds thereof be paid into the Treasury of this State.''
The amendment was adopted.
Messrs. Smith of the 25th and Terrell of the 36th moved to amend as follows:
"By adding the following words to the bill: Provided the Fourth District A. & M. School shall be excluded from the provisions of this bill."
On the adoption of the amendment Mr. Terrell called for the ayes and nays and the call was sustained.
The rcll call was ordered and the vote was as follows:
730
JouRNAL OF THE SENATE,
Those voting in the affirmative were Messrs.:
Brewer, J. 0. Ham, T. 0. Lane, W. T. Lawson, H. F.
Mickle, 0. M. Paulk, R. Smith, Jno. A.
Terrell, J. Render Williams, E. M. Williams, Felix 0.
Those voting in the negative were Messrs.:
Adams, Geo. W. Atkinson, B. A. Barrett, J. B. R. Oook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M.
Goode, Geo. L. Hyman, J. E. King, E. R. Lankford, Geo. W. Lokey, 0. E. Mathews, Sam M. McElmurray, W. L. Nichols, A. J. Peebles, Leon L. "Pitner, J. M.
Platt, Wm. H. Rawls, H. G. Redwine, Ohas. D. Sibley, J. Hart Vandiviere, H. G. Vaughn, 0. R. Whaley, W. V. Wright, Seaborn Zellars, B. B.
On the adoption of the amendment the ayes were 10, the nays 29.
The amendment was therefore lost.
On the passage of the bill Mr. Terrell called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Atkinson, B. A. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L.
Harris, B. F. King, E. R. Lokey, 0. E. Mathews, Sam M. McElmurray, W. L. Nichols, A. J. Peebles, Leon L. Pitner, J. M.
Platt, Wm. H. Rawls, H. G. Redwine, Ohas. D. Tyson, Wm. S. Vandiviere, H. G. Vaughn, 0. R. Whaley, W. V. Zellars, B. B.
Those voting in the negative were Messrs.:
Adams, Geo. W. Barrett, J. B. R. Brewer, J. 0. Oook, Jno. M. Ham, T. 0. Hyman, J. E.
Lane, W. T. Lankford, Geo. W. Lawson, H. F. Mickle, 0. M. Msrick, Shelby Paulk, R.
Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Williams, E. M. Williams, Felix 0. Wright, Seaborn
MoNDAY, AuousT 12, 1929.
731
On the passage of the bill the ayes were 25, nays 18.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Whaley of the 35th gave notice that at the proper time he would move that the Senate reconsider its action in defeating the bill.
The following bill was read the third time and placed upon its passage.
By Mr. Ford of the lOth-
Senate Bill No. 154. A bill to amend the Act creating a State Board cf Veterinary Examiners.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a division of the Senate revealing that a quorum had not vcted, the President ordered the roll called, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Barrett, J. B. R. Brewer, J. C. Davis, J. S. -Dorsey, J. H. Fletcher, J. M. Ford, P. B. Ham, T. C. Harris, B. F. Hyman, J. E.
King, E. R. Lawson, H. F. Lokey, C. E. Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peebles, Leon L. Pitner, J. M. Platt, Wm. H.
Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Whaley, W. V. Williams, Felix C. Wright, Seaborn Zellars, B. B.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite constitutional majority was passed.
732
JouRNAL OF THE SENATE,
The following bill was read the third time and placed upon its passage:
By Mr. Mathews of the 23rd-
Senate Bill No. 206. A bill to authorize the acceptance of a plea of guilty in felony cases upon advice of cou.nsel.
Mr. Hyman of the 20th moved to amend the bill as follows:
"By adding 'Provided that no accusation shall be preferred in any case during apy regular or adjourned term of the Superior Court while the Grand Jury is in session."
The amendment was adopted.
Mr. Mathews Gf the 23rd moved to amend as follows:
"Provided in all cases in which the jury, upon the trial, wo..1ld have the right to reduce the grade of the offense to a misdemeanor, the Judge may, in his discretion, punish, upon any such plea, as for a misdemeanor."
The amendment was adopted.
The report of the committee, which was fa.vorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Williams of the 27th moved that the Senate do now adjourn and the mction prevailed.
The President declared the Senate adjourned, in accordance with a resolution adopted eatlier in the day, until 3:00 P. M. this afternoon.
MoNDAY, AucusT 12, 1929.
733
AFTERNOON SESSION'
MONDAY, AUGUST 12, 1929.
The Senate met pursuant to adjournment at 3:00 P. M. this day and was called to order by the President.
The following bill was read the first time, and referred to Committee:
By Mr. Terrell of the 36th-
Senate Bill No. 268. A bill to prohibit the transportation of intoxicants from one county to another.
Referred to Committee on Temperance.
The following resolution was read the first time and referred to Committee:
By Mr. Whaley of the 35th-
Senate Resolution No. 63. A resolution to require keeper of public buildings to have flag cases containing the Confederate flags made moth and dust proof.
Referred to Committee on Public Property.
The following House Bills were read the first time and referred to Committees:
By Mr. Freeman of Early and othersHouse Bill No. 199. A bill to regulate the sale, distribu-
tion and inspection of fertilizer. Referred to Committee on Agriculture.
By Mr. Ellard of Habersham-
House Bill No. 310. A bill to amend the Constitution so as to allow the City of Cornelia to increase its bonded indebtedness.
Referred to Committee on Amendments to Constitution.
734
JouRNAL OF THE SENATE,
By Messrs. Cone of Bulloch and Culpepper of Fayette-
House Bill No. 331. A bill to amend General Tax Act levying a tax on cigars and cigarettes.
Referred to Committee on Finance.
By Mr. Davis of Floyd-
House Bill No. 543. A bill to amend General Tax Act. Referred to Committee on Finance.
By Mr. McWhorter of Oglethorpe-
House Bill No. 618. A bill to permit Judges of any City Court to preside in any other City Court.
Referred to Committee on General Judiciary No. 2.
By Messrs. Wood and DuBose of Clarke-
House Bill No. 629. A bill to amend Code relating to councilmen and aldermen of certain cities.
Referred to Committee on Corporations.
By Fulton DelegationHouse Bill No. 685. A bill to amend an Act incorporating
the City of College Park. Referred to Committee on Municipal Government.
By Fulton DelegationHouse Bill No. 721. A bill to permit certain counties to
pass zoning laws. Referred to Committee on Counties and County Matters.
By Messrs. Huddleston and Mullins of MeriwetherHause Bill No. 722. A bill to amend Penal Code of 1910. Referred to Committee on Special Judiciary.
MoNDAY, AuGusT 12, 1929.
735
By Mr. Mundy of Clayton-
House Bill No. 734. A bill to amend the Act creating the City Court of Jonesboro.
Referred to Committee on Special Judiciary.
By Mr. Mundy of Clayton-
House Bill No. 735. A bill to amend the charter of the Town of Lovejoy.
Referred to Committee on Municipal Government.
By Mr. Mundy of Clayton-
House Bill No. 736. A bill to amend the charter of the Town of Forest Park.
Referred to Committee on Municipal Government.
By Chatham Delegation-
House Bill No. 738. A bill to amend the charter of the City of Savannah.
Referred to Committee on Municipal Government.
By Mr. Edwards of Gilmer-
House Bill No. 739. A bill to amend an Act providing protection to birds, etc.
Referred to Committee on Game and Fish.
By Mr. Hanie of WhiteHouse Bill No. 755. A bill to create a Board of Com-
missioners for White County. Referred to Committee on Counties and County Matters.
By Messrs. Weekes and Ramspeck of DeKalb-
House Bill No. 758. A bill to amend an Act establishing
a ..n. ew charter for the City of Atlanta.
736
JOURNAL OF THE SENATE,
Referred to Committee on Counties and County Matters.
By Messrs. Hancock and Lord of Jackson-
House Bill No. 759. A bill to amend the charter of the City of Jefferson.
Referred to Committee on Corporations.
By Mr. Jones of Lumpkin.-
House Bill No. 767. A bill to abolish Board of Commissioners of Lumpkin County.
Referred to Committee on Counties and County Matters.
By Mr. Jones of Lumpkin-
House Bill No. 768. A bill to create a Board of Commissioners for Lumpkin County.
Referred to Committee on Counties and County Matters.
By Fulton Delegation-
House Bill No. 772. A bill to amend the charter of the City of Atlanta.
Referred to Committee on Counties and County Matters.
By Messrs. Gillen and Nottingham of Bibb-
House Bill No. 779. A bill to amend an Act creating Municipal Court of Macon.
Referred to Committee on Municipal Government.
By Mr. Kirby of Forsyth-
House Bill No. 781. A bill to create the office of Tax Commissioner for Forsyth County.
Referred to Committee on Counties and County Matte~s.
MoNDAY, AucusT 12, 1929.
737
By Mr. Slater of Bryan-
House Bill No. 784. A bill to repeal Section 11, page 508of Acts of 1927.
Referred to Committee on Counties and County Matters.
By Chatham Delegation-
House Bill No. 786. A bill to amend an Act creating Municipal Court of Savannah.
Referred to Committee on Special Judiciary.
By Mr. Osborne of Oconee-
House Bill No. 799. A bill to amend the charter of the Town of Watkinsville.
Referred to Committee on Corporations.
By Mr. Walker of Pierce-
House Bill No. 800. A bill to amend an Act creating City Court of Blackshear.
Referred to Committee on Special Judiciary.
By Mr. Culpepper of Fayette-
House Bill No. 802. A bill to repeal an Act abolishing the office of Treasurer of Fayette County.
Referred to Committee on Counties and County Matters.
By Floyd Delegation-
House Bill No. 102. A bill to authorize the authorities of Floyd County to reimburse Mrs. W. H. Ridley a forfeited bond.
Referred to Committee on Special Judiciary.
738
JouRNAL or THE SENATE,
By Mr. Battle of Schley-
House Resolution No. 91. A bill for relief of J. W. Larkin and W. E. Wilson.
Referred to Committee on Special Judiciary.
By Messrs. Martin and Mooty of TroupHouse Bill No. 79. A bill for relief of R. 0. Moore. Referred to Committee on Special Judiciary.
By Mr. Collier of MadisonHouse Bill No. 122. A bill for the relief of M. J. Davis. Referred to Committee on Special Judiciary.
By Messrs. Crowe and Thomason of Worth-
House Bill No. 85. A bill for the relief of C. P. Pearson, A. T. Simerly, W. E. lvey and R. L. Deariso as sureties on bond.
Referred to Committee on Special Judiciary.
Mr. Lankford of the 15th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 141.
Respectfully submitted,
LANKFORD, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
MoNDAY, AuousT 12, 1929.
739
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass as amended.
House Bill No. 740. Respectfully submitted,
DoRSEY, Chairman.
The following bills, favorably reported were read the second time:
By Mr. Lankford of the 15th-
Senate Bill No. 141. A bill to amend an Act creating Securities Commission.
By Muscogee Delegation-
House Bill No. 740. A bill to amend an Act abolishing Justice Courts in Muscogee County.
The following bill was read the third time and placed upon its passage:
By Mr. Mathews of the 23rd-
Senate Bill No. 207. A bill to authorize the solicitor to prefer accusations in Superior Courts of this State.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and taken up for consideration.
740
Jou~NAL OF THE SENATE,
By Mr. Terrell of the 36th-
Senate Bill No. 228. A bill to authorize the practise of chiropody.
The bill having been under the consideration of the Senate on last Friday and a motion to table the same pending thereon at adjournment, the President announced the question on the motion by Mr. Brewer to table the bill.
The motion prevailed and the bill was tabled.
The following bill was read the third time and taken up for consideration.
By Messrs. Neill of the 24th and Lankford of the 15th-
Senate Bill No. 77. A bill to amend the constitution so as to provide the office of Lieutenant Governor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing a constitutional amendment, the roll call was ordered on its passage, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Barrett, J. B. R. Brewer, J. C. Dame, George M. Dorsey, J. H. Ford, P. B. Goode, Geo. L. Hyman, J. E.
Lane, W. T. Lankford, Geo. W. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Myrick, Shelby Nichols, A. J. Paulk, R.
Platt, Wm. H. Rawls, H. G. Smith, Jno. A. Tyson, Wm. S. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Alston, G. C. Davis, J. S. Fletcher, J. M. Garrison, J. M. Ham,T.C.
Harris, B. F. King, E. R. Lawson, H. F. Mickle, C. M. Peebles, Leon L.
Pitner, J. M. Redwine, Chas. D. Sibley, J. Hart Terrell, J. Render Whaley, W. V.
MoNDAY, AuousT 12, 1929.
741
On the passage of the bill the ayes were 26, nays 15.
The bill having failed to receive the requisite two-thirds constitutional majority was lost.
Mr. Myrick of the 1st gave notice that at the proper time he would move that the Senate reconsider its action in defeating the bill.
The following bill was read the third time and placed upon its passage.
By Mr. Sibley of the 19th-
Senate Bill No. 217. A bill to regulate the sale of powdered milk.
The report of the committee, which was f;:rvorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage.
By Mr. Lankford of the 15th-
Senate Bill No. 129. A bill to amend the Georgia Motor Vehicle Law.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill Mr. Lankford called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
742
JouRNAL OF THE SENATE,
.
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Barrett, J. B. R. Brewer, J. C. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Ford, P. B. Garrison, J. M.
Goode, Geo. L. Hyman, J. E. King,E.R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Myrick, Shelby
Paulk, R. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Terrell, J. Render Vandiviere, H. G. Vaughn, C. R. Williams, E. M.
Those voting in the negative were Messr~.:
Fletcher, J. M. Nichols, A. J.
Smith, Jno. A. Tyson, Wm. S.
Whaley, W. V. Williams, Fellx 0.
On the passage of the bill the ayes were 32, the nays 6.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage.
By Mr. Goode of the 31st-
Senate Bill No. 242. A bill to give aircraft corporations the right of eminent doma~n.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and taken up for consideration.
By Mr. Rawls of the 8thSenate Bill No. 32. A bill to amend the Workmen's
MoNDAY, AuGUsT 12, 1929.
743
Compensation Act, relating to injuries sustained by employees while engaged in work.
The report of the committee, which was favorable to the passage of the bill, was agret>d to.
On the passage of the bill Mr. Rawls called for the ayes and nays and the call was sustained:
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Alston, G. C. Barrett, J. B. R. Brewer, J. C. Dame, George M.
Dorsey, J. H. Goode, Geo. L. Hyman, J. E. Lankford, Geo. W. Myrick, Shelby
Rawls, H. G. Wright, Seaborn Tyson, Wm. S. Terrell, J. Render Williams, Felix 0.
Those voting in the negative were Messrs.:
Adams, Geo. W. Atkinson, B. A. Davis, J. S. Fletcher, J. M. Ford, P. B. Ham, T. 0. King, E. R. Lane, W. T. Lawson, H. F.
Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Nichols, A. J. Paulk, R. Peebles, Leon L. -Pitner, J. M.
Platt, Wm. H. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Zellars, B. B.
On the passage of the bill the ayes were 15, nays 26.
The bill having failed to receive the requisite constitutional majority was lost.
The following bill was read the third time and placed upon its passage:
By Zellars of the 30th-
Senate Bill No. 222. A bill to require trains to stop within fifty feet of crossing where other railway tracks cross.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
744
JouRNAL OF THE SENATE,
On the passage of the bill the ayes were 31, nays 0.
.The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage.
By Mr. Harris of the 44th-
Senate Bill No. 26. A bill to allow the State Highway Department to comply with ,certain Acts of Congress.
The Committee on Highways proposed the following substitute:
A BILL.
To be entitled an Act to authorize the State Highway Board of Georgia, on behalf of the State of Georgia to comply with the terms and conditions of a certain Act of Congress, providing a Federal appropriation for the paving and improvement of the Ringgold extension road in Catoosa County, Georgia.
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 State Highway Board of Georgia is hereby authorized and empowered to comply with the terms and conditions of the following Act of Congress, relative to the paving and improvement of the Ringgold extention road in Catoosa County, Georgia, an Act approved .............. , 1926, providing for the paving of the government road known as the Ringgold extension road commensing at Chickamauga and Chattanooga National Military Park, and extending to Ringgold, Georgia, constituting an approach road to the Chickamauga and Chattanooga National Military Park.
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.
MoNDAY, AucusT 12, 1929.
745
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the l?assage of the bill the ayes were 29, nays 3.
The bill having received the requisite constitutional majority was passed.
Mr. Terrell asked unanimous consent that the bill be immediately transmitted to the House and the consent was granted.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills and resolutions of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 553. House Bill No. 657. House Bill No. 686. House Bill No. 687. House Bill No. 696. House Bill No. 699. House Bill No. 713. House Bill No. 737. House Bill No. 779. House Resolution No. 104.
Respectfully submitted,
DoRSEY, Chairman.
746
JouRNAL OF THE SENATE,
Mr. Tyson of the 2nd District, Chairman of the Committee on Railroads, submitted the following report:
Mr. President:
Your Committee on Railroads has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, to-wit:
Senate Bill No. 261.
Respectfully submitted, TYsoN, Chairman.
Mr. Dcrsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 262.
Respectfully submitted, DoRSEY, Chairman.
The following bills, favorably reported were read the second time:
By Mr. Lankford of the 15th-
Senate Bill No. 261. A _bill to amend Code relative to erection of blow posts at railroad crossings.
By Mr. Goode of the 31st-
Senate Bill No. 262. A bill to repeal an Act regulating the grading of peaches, etc.
MoNDAY, AucusT 12, 1929.
747
By Messrs. Mooty and Martin of Troup--
House Resolution No. 104. A resolution requiring State Librarian to furnish books of record to the Ordinary of Troup County.
By Chatham Delegation-
House Bill No. 553. A bill to amend the several Acts creating the City Court of Savannah.
By Messrs. Taylor and Scruggs of Washington-
House Bill No. 657. A bill to create the Recorder's Court for the City of Tennille.
By Mr. Russell of Barrow-
House Bill No. 686. A bill to amend an Act providing for four terms of Barrow County Court.
By Messrs. Ashley and Edwards of Lowndes-
House B.ill No. 687. A bill to increase the salary of the Judge cf the City Court of Valdosta.
By Messrs. Crawford, Davis and Lanham of Floyd-
House Bill No. 696. A bill to permit Floyd County to erect a bridge over Oostanaula River.
By Mr. Courson of Treutlen-
House Bill No. 699. A bill to amend an Act creating the City Court of Soperton.
By Bibb Delegation-
House Bill No. 713. A bill to amend the charter of the City of Macon.
748
JouRNAL OF THE SENATE,
By Mr. Atwood of Mcintosh-
House Bill No. 737. A bill to regulate live stock dealers in Mcintosh County.
Mr. Terrell moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until tomorrow morning at 9:00 o'clock.
TUESDAY, AUGUST 13, 1929.
749
SENATE CHAMBER, ATLANTA, GA.
TUESDAY, AUGUST 13, 1929.
The Senate met pursuant to adjournment at 9:00 o'clock A. M. this day and was called to order by the President.
Prayer was offered by the Chaplin.
By unanimous consent the roll call was dispensed with.
Mr. Mathews of the 23rd reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Myrick moved that the Senate r~consider its action in defeating Senate Bill No. 77 on yesterday, and the motion prevailed.
Mr. Whaley moved that the Senate reconsider its action in defeating Senate Bill No. 68 on yesterday and the motion prevailed.
By unanimous consent the following bill was withdrawn from the Committee on Game and Fish, read the second time and recommitted:
By Mr. Richardson of Lee-
House Bill No. 547. A bill for the protection of fur bearing animals in Lee County.
By unanimous consent the following bill was read the second time and recommitted:
By Mr. Vandiviere of the 39th-
Senate Bill No. 267. A bill to amend charter of City of Canton.
750
JOURNAL OF THE SENATE,
By unanimous consent the following bill was recommitted to the Committee on Privileges and Elections.
By Mr. Huddleston of Meriwether-
Hause Bill No. 723. A bill to provide for the election of members of General Assembly in Meriwether County.
The following bills were introduced, read the first time and referred to Committees:
By Mr. Terrell of the 36th-
Senate Bill No. 268. A bill to prevent transportation of liquor.
Referred to Committee on Temperance.
By Mr. McElmurray of the 17th-
Senate Bill No. 269. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Burke County.
Referred to Committee on Counties and County Matters.
Mr. Whaley of the 35th District, Chairman of the Committee on Public Property, submitted the following report:
Mr. President:
Your Committee on Public Property has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 266.
Respectfully submitted,
WHALEY, Chairman.
TuEsDAY, AuousT 13, 1929.
751
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters has submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed me as chairman, to report the same back to the Senate with the reccommendation that the same do pass:
House Bill No. 754. House Bill No. 676. House Bill No. 294. House Bill No. 546. House Bill No. 720. House Bill No. 275. Senate Bill No. 256. Senate Bill No. 215.
Respectfully submitted, GooDE, Chaiman.
Mr. Williams of the 16th District, Chairman of the Committee on Game and Fish, has submitted the following report:
Mr. President:
Your Committee on Game and Fish has had under consideration the following bills of the Senate and has instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 258. Respectfully submitted, WILLIAMS, Chairman.
752
JOU_RNAL OF TH:t;: SENATE~,
. Mr. Bird of the 49th District, Chairman of the Committee on Banks and Banking, has submitted the following report:
Mr. President:
Your Committee on Banks and Banking has had under consideration the following bill of the Senate and has instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 259. Respectfully submitted, BIRD, Chairman.
The following bills, favorably reported, were read the second time:
By Mr. Brewer of the 46th-
Senate Bill No. 215. A bill to amend the Civil Code relating to money damages against a Municipal Corporation or County.
By Mr. Dame of the 5th-
Senate Bill No. 256. A bill to fix the salary of the Judge of the County Court of Clinch.
By Mr. Williams of the 27th.-
Senate Bill No. 258. A bill to permit seining in certain counties under certain conditions.
By Messrs. Myrick, Sibley and King.-
Senate Bill No. 266. A bill to provide for insurance of public buildings.
By Mr. Colson of Glynn.
House Bill No. 275. A bill to authorize special districts in Glynn County for sanitation.
TuESDAY, AuousT 13, 1929.
753
By Mr. Burgin of Marion-
House Bill No. 294. A bill to amend ari Act permitting the Treasurer of Marion County to pay premium on bond of Tax Commissioner.
By Mr. Richardson of Lee-
House Bill No. 546. A bill to amend an Act creating a Board of Commissioners for Lee County.
By Mr. Osborne of Oconee.-
House Bill No. 676. A bill to amend an Act creating Board of Commissioners for Oconee County.
By Mr. Phillips of Telfair.-
House Bill No. 720. A bill to amend an Act creating a Board of Commissioners for Telfair County.
The following resolution and bills were read the third time and placed upon their passage:
By Messrs. Mooty and Martin of Troup--
House Resolution No. 104. A resolution requiring State Librarian to furnish certain books of record to Ordinary of Troup County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0. The bill having received the requisite constitutional majority was passed.
By Chatham Delegation-
House Bill No. 553. A bill to amend the several Acts creating and relating to the City Court of Savannah.
The report of the committe!!, which was favorable to the passage of the bill, was agreed to.
754
JouRNAL OF THE SENATE,
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Strickland of Brantley-
Hause bill No. 640. A bill to abolish the office of County Treasurer of Brantley County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Taylor and Mr. Scruggs of Washington-
House Bill No. 657. A bill to create a recorder's court for the City of Tennille.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Holt and McKelvey of Gwinnett.-
House Bill No. 667. A bill to amend charter .of the City of Buford.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
TuEsDAY, AucusT 13, 1929.
755
By Mr. Russell of Barrow-
House Bill No. 686. A bill to amend an Act providing for four terms a year of Superior Court of Barrow County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ~yes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Ashley and Edwards of Lowndes-
House Bill No. 687. A bill to increase the salary of the Judge of the City Court of Valdosta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Floyd Delegation-
House Bill No. 696. A bill to permit Floyd County to build a bridge over the Oostanaula River.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Courson of Treutlen-
House Bill No. 699. A bill to create City Court of Soperton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
756
JOURNAL OF THE SENATE,
On the passage of the bill the ayes were 34, nays 0. The bill having received the requisite constitutional majority was passed.
By Bibb Delegation-
House Bill No. 713. A bill to amend the charter of the City of Macon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Atwood of Mcintosh-
House Bill No. 737. A bill to regulate live stock dealers in Mcln tosh County.
The Committee on Special Judiciary moved to amend the bill as follows:
"By adding the following language to wit: It shall be unlawful for any person, firm or corporation to haul, or transport in any manner any of the animals named in this Act from a point in said county to another point either within or without said county, unless and until such person, firm or corporation shall register the marks, brands, sex and number of animals so transported with one of the registrars appointed under the authority of this Act, whether such animals are transported alive or not; and the registrar shall receive the same compensation and in the same manner as when said animals are butchered."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
TUESDAY, AUGUST 13, 1929.
757
The bill having received the requisite constitutional majority was passed, as amended.
By Messrs. Battle, Meredith and Roberts of Muscogee-
House Bill No. 740. A bill to amend an Act abolishing Justice Courts in Muscogee County.
Mr. Neill moved to amend the bill as follows:
"By adding at the end of Section 1, thereof, the following to-wit: 'The compensation or salaries of said deputy cl~rks and deputy marshals shall be fixed and determined in accordance with the provisions of the certain Act approved August 6, 1925 (see Ga. laws 1925, pages 396 to 399 inclusive,) entitled an Act to amend an Act entitled an Act to abolish the Justice Courts and the office of Justice of the Peace and office of Notary Public and ex officio Justice of the Peace, and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus and County of Muscogee, and to define its jurisdiction and powers, etc., approved August 12, 1925, as amended, etc."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional .majority was passed, as amended.
By Mr. Dykes of Dooly-
House Bill No. 754. A bill to amend an Act creating Board of Commissioners of Roads and Revenues for the Ccunty of Dooly.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
758
JouRNAL oF THE SENATE,
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Lochlier of Clinch-
House Bill No. 621. A bill to create the office of Commissioner of Roads and Revenues for Clinch County.
The Committee on Counties and County Matters proposed the following substitutes:
AN ACT TO BE ENTITLED
An Act to repeal an Act passed by the Georgia Legislature 1915, Acts 1915, page 190, creating a Board of County Commissioners for the County of Clinch, and all Acts amendatory thereof: To create a Board of Commissioners of Roads and Revenues in and for the County of Clinch; to prescribe their powers and duties; for the appointment of members thereof, to provide for their election, term of office and for removal from office of any member; to provide for a chairman, clerk and other officers of said Board, and to prescribe their powers, duties, limitations, terms, and cc.mpensation; 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 that the Act of the General Assembly of Georgia, Acts 1915, page 190, creating a Beard of Commissioners of Roads and Revenues for the County of Clinch, State of Georgia, and all Acts or Laws amendatory thereof be and the same are hereby repealed.
Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act that a Board of Commissioners of Roads and
TuEsDAY, AuousT 13? 1929.
759
Revenues in and for the County of Clinch be and the same is hereby created, which Board shall consist of three (3) members.
Sec. 3. Be it further enacted, that for the purposes of this Act, that the County of Clinch is hereby divided into three Commissioner-districts, as follows: The 1219th, 1141st, and 1389th Militia Districts shall compose on Commissioner. District known as the Eastern District; the 1061st, 1224th, and 970th Militia Districts shall compose another Commissioner-District known as the Middle District; and the 1365th, 1280th and 1766th Militia Districts shall compose a third Commissioner-District to be known as the Western District. There shall be one member of said Board from each of said three CommissionerDistricts.
Sec. 4. Be it further enacted that the following citizens of Clinch County be and they are hereby named and appointed members of said Board to serve until and including December 31, 1932, or until their successors are elected and qualified, viz: John J. Langdale from the Eastern District, J. F. Barnhill from the Middle District, and Warren L. Mobley from the Western District. The said J. F. Barnhill shall be chairman of said Board and shall hold said position during his term, and discharge the duties thereof as hereinafter prescribed.
Sec. 5. Be it further enacted that the terms of office of said Commissioners shall be for a period of four (4) years and until their successors are elected and qualified. All elections and primaries under this Act shall be held at the same time and place and under the same rules and regulations as primary and general elections are held for members of the General Assembly of Georgia. The first election held hereunder shall be the year 1932 at the time and place of the election for members of the General Assembly of Georgia. The Commissioners so elected shall enter upon the discharge of their duties as such Ccmmissioners on the first day C'f January 1933, or as soon thereafter as they may
}OURN~L OF THE St:NATE,
he qualified, and shall hold office until their successors are elected and qualified, or for a fouryearterm. All candidates for the office of County Commissioner must be voted.(:m by the county at large.
Sec. 6. The chairman of said Board, following the expiration of the term of the chairman herein appointed, must be elected by a vote of the people of said County in the same manner as a member of the Board is elected, and he sh~ll be one of the three members of the Board, and shall have the right to vote on all questions coming before said Board.
Sec. 6-a. The clerk of said Beard shall be electea by the Beard, and shall be subject to removal at any time, for cause or without cause, by the chairman, subject to the approval of the Board. The clerk of the Superior Court of said county and any and all other officers of said county are hereby made eligible for ~aid office of clerk of the Commissioners, though said Board shall have the right to elect whomsoever they deem a fit and competent person.
Sec. 7. The members of said Board of Commissioners before entering upon the discharge of their duties shall take an oath before the Ordinary, or before some other officer authorized to administer oaths, or before one of their number to discharge honestly and faithfully all of the duties of said office according to the laws and Constitution of the State of Georgia, which oath shall be subscribed by them upon the minutes of said Board.
Sec. 8. Any vacancy in office shall be filled by the Judge of the Superior Court of Clinch County, Georgia. The person appointed to fill a vacancy shall hold office under said appointment only for the unexpired term.
Sec. 9. A majority of the Board shall constitute a quorum for the transaction of all business and a majority of the Board must concur in order to pass an order, or let any contract, or grant or allow any claim against the County
TuEsDAY, AucusT 13, 1929.
761
and their Acts on all such matters must be duly entered on the minutes of the Board.
Sec. 10. Be it further enacted that it shall be the duty of the Grand Jury to inquire into the Official Acts of said Commissioners, or any one of them, and if any Grand Jury of Clinch County shall find by a two-thirds vote, that said Board as a whole, or any member of said Board, have violated any of the terms of this Act wilfully, or that they, or any one of them, have been wasteful or inefficient or that he has wrongfully, corruptly or fraudulently conducted the affairs of the office, or that he is otherwise unqualified to manage the affairs of the office, the Grand Jury so finding shall declare said office vacant, or that of any one or more of the members of the Board, and if any member is thus removed from office, then the Ordinary shall proceed to call a special election to fill such vacancies, which election shall be held within 30 days after said vacancies shall occur. Any deposed Commissioner shall have a right to become a Candidate to succeed himself. Vacancies caused by any other means than removal shall be filled and provided in Section 8 hereof.
Sec. 11. Be it further enacted that the chairman of said Board shall receive a salary not less than $100.00 and not more than $125.00 per month to be fixed by the Board and each of the other Commissioners shall receive a per diem of S5.00 per day for every day he attends a Board Meeting. For extra services rendered when not attending Board Meetings he shall present an itemized bill for the approval of the Board, for which services he shall not receive more than $3.00 per day.
Sec. 12. Be it further enacted that the Clerk shall receive such compensation CJs may be fixed and determined by the Board, which shall not be less than $600.00 nor more than $600.00 per year.
Sec. 13. Be it further enacted, that the Board of County Commissioners of Roads and Revenues hereby created,
762
JouRNAL oF THE SENATE,
shall have exclusive jurisdiction over and control of all county matters, such as public roads, bridges, the working of convicts, private roads, county finances, the levying and collection of taxes for county purposes, the management, control over and disbursing of county funds, the erection, repair and maintenance of public buildings, the supervision over and control of, and exclusive jurisdiction over and in all matters wherein jurisdiction is now vested in the ordinaries of this State in counties in which there is no board of County Commissioners of Roads and Revenues. That the board shall be vested with all the rights, powers and authority formerly vested in the inferior courts of this State prior to the Constitution of 1868 when sitting for county purposes, except calling elections, which shall be by the ordinary, and matters pertaining to education, health and such other matters as have been by general law vested by the Legislature in other officers or tribunals, or as herein limited, extended, amplified or modified. Said Board shall constitute a court for the trial of road defaulters and of any and all matters pertaining to county matters formerly vested in the inferior courts of this State, or now vested in the ordinaries of this State in counties in which there are no Boards of Commissioners of Roads and Revenues, when sitting for county purposes; shall have the right and power to issue all necessary writs and summon parties or witnesses before them, and shall have the pow~r to punish for contempt by fine or imprisonment in the same manner as the courts of ordinary of this State; that the sheriff of the county; or his deputy, may be required to attend upon the meetings of the board, and shall serve all writs, subpoenas, and other processes of such court, and the sheriff shall receive for such services such compensation as is provided by law for like service in the Superior Court.
Sec. 14. Be it further enacted, that the board shall ex-
ercise such powers as may be construed as legislative or
judicial only when sitting in regular or special session with
a quorum of the board present.
TUESDAY, AUGUST 1~, 1929.
763
Sec. 15. Be it further enacted, that the board shall hold their regular session once every month on a regular day set by the board in the court house of the county, and may adjourn from day to day until their business is finished; and extra sessions may be held at any time on the call of the chairman or of any two (2) members of the board when in the judgment of the board the interests of the county demand it. At the first meeting in January following the general election at which new members of the board shall have been elected, and the board shall organize the new board by electing a clerk and one of their members vicechairman.
Sec. 16. Be it further enacted, that the board shall keep a full and correct minutes of all its official Acts and doings in a minute book kept for such purposes, a book of receipts and disbursements, a general ledger, a warrant book, a book containing a complete list of all the county property, real and personal, and shall make a record therein of all sales or other disposition of the same; also a road register in which shall be kept a record of all public roads and also of all private roads granted or ordered kept open by the board, particularly describing such roads, and shall make a record of all new roads which shall hereafter granted, or ordered kept open in accordance with law. The board shall also keep on file all paid warrants and vouchers and other papers necessary to show a complete record of all transactions of the county.
Sec. 17. The clerk shall keep the books of the board and make a record of all the acts and doings of the board in a minute book kept for such purpose, and also keep all other records and accounts of the board and perform such other acts and duties as may be required by the board not inconsistent with the provisions of this Act or the laws of this State.
Sec. 19. Be it further enacted, that the board shall publish semi-annual reports within fifteen days after the first day of January and July of each year once each in the
764
JouRNAL OF THE SENATE,
official gazette of the county, and also in a daily paper, if there be one published in the county, containing a full and complete statement of the finances of the county during the preceding half year, and showing all receipts and from what sources derived, and all disbursements and for what purposes paid out, and such reports shall not be mere ledger balances, but shall be in such manner and form as to show plainly the revenues of the county, as well as the cost of the county goverment in every branch. Provided, that a failure to conform to the provisions of this section by such officers shall constitute a misdemeanor punishable under the provisions of section 1065 of the Penal Code of 1910.
Sec. 19. Be it further enacted, that the board shall make a full and complete written statement of the financial condition of the county to the grand jury of the county at the spring and fall terms of the Superior Court of the county, a copy of which report shall be kept on file in the office of the board. Their office and records shall be subject to examination of the grand jury, their committee, or any person whom they may specifically empower to report to the same or a succeeding grand jury, who shall submit in writing a report of the condition of such office and the books and files thereof, and specify any neglect of duty or anything wrong done by the board or any member, officer or employee thereof. The grand jury shall have an audit made, once each year, of all the books, accounts, files and records of the board, such examination to be made by a public accountant who shall be employed by the grand jury or the foreman thereof under the authority of the grand jury, which shall fix his compensation and the term of his employment.
Sec. 20. Be it further enacted, that all warrants drawn on the county, shall be drawn and signed by the Clerk and countersigned by the chairman or vice-chairman of the board before being paid by the treasurer or depository of the county. All warrants on the county treasurer or depositor shall be numbered and shall show for what and on
TUESDAY, AUGUST 13, 1929.
765
what fund drawn, and the paid originals and the book of stubs carefully preserved and kept on file in the office of the board. The chairman and clerk of the board shall each give a bond in such sum as the board may prescribe in a good and solvent fidelity and guaranty company payable to the county conditioned for the faithful discharge of the duties of his office. The amount of such bonds and the securities thereon shall be first approved by the ordinary of the county and then filed and recorded by the ordinary as the bonds of other county officers. Certified copies of such bonds shall be kept on file in the office of the board.
Sec. 21. Be it further enacted, that the board shall in regular session or special session called for such purpose, make general plans, specifications and requirements prescribing the manner and style in which the public roads of the county shall be constructed and repaired, and such plans, specifications or requirements shall not be modified or changed except on the action of the board in like manner as the same were adopted. The board shall furnish the chairman who shalJ be the county Superintendent of roads with a copy of such plans, specifications and require~ ments, and require the public roads of the county to be built and repaired in accordance therewith; provided, however, that the provisions of this section shall not apply to roads under the supervision of the State Highway Department.
Sec. 22. Be it further enacted, that the Chairman shall have charge of all the business matters of the county and shall have supervision of the work of the county in the building and repair of roads, bridges, buildings, or of any other work of the county, under the general supervision of the board, subject to the provisions of section 21 of this Act. He shall, with the advice and consent of the board appoint and fix the salaries and wages of the county warden, and all other officers and laborers of the county engaged in the construction and repair of roads, bridges, buildings, or other work of the county over which the board has juris-
766
JOURNAL OF THE SENATE,
diction, and shall have supervision over all such officers and laborers, and shall have power to discharge such officers or laborers at any time for cause, with the right of appeal by such officers to the board. He shall be the chief purchasing and selling agent of the county for all animals, machinery, implements, materials and supplies of all kinds. used in the construction or repair of buildings, roads, bridges. and for the use of convicts, but all purchases and sales by him shall be subject to the ratification of the board. He shall do every act or thing necessary or proper in the discharge of his duties as county manager, subject to the general supervision of the board, the board shall check up all the accounts, acts and doings of the county at least once every month. The Chairman shall be Superintendent of Roads..
Sec. 23. Be it further enacted, that the board shall have the right and authority to employ a county attorney when necessary, also to employ special council to represent the county in matters where, in their opinion, the same may be necessary or advisable to protect the interests of the county.
Sec. 24. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
Mr. Myrick of the 1st filed the following:
"In connection with the passage in the Senate of House Bill 621 the following advertisement appearing in the Clinch County News of May 17, 1929, was incorporated into the
TUESDAY, AUGUST 13, 1929.
767
Senate Journal of August 13, 1929, together with a protest that the said local bill had not been properly advertised.
NOTICE OF LEGISLATION.
Notice is hereby given that I will introduce and seek to have enacted into law at the 1929 session of the General Assembly of Georgia, a bill to be entitled:
"An Act to repeal an act approved August 12, 1915, entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the county of Clinch; together with the acts amendatory thereof."
Also, that I will introduce and seek to have enacted into law at said 1929 legislature, a bill to be entitled:
"An Act to create the office of Commissioner of Roads and Revenues of the County of Clinch; to provide for his election and for his Fecall; to define his duties and provide for his compensation; to provide for a clerk for said commissioner; to provide for the proper supervision of his acts and the auditing of his books: and for other purposes."
This May 14, 1929.
L. H. LocHLIEAR, Representative-elect from Clinch County.
The following resolution was read and adopted:
By Mr. Neill of the 24, and Wright of the 42nd-
Senate Resolution No. 64. A resolution of respect to the memory of Robert Augustus Alston, deceased.
The following bill was read the third time and placed upon its passage:
By Mr. Atkinson of the 4thSenate Bill No. 244.
768
JouRNAL OF THE SENATE,
A BILL.
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 3, Section 7, of the Constitution of said State, by adding thereto an additional paragraph, numbered 26, which shall authorize the General Assembly to grant to the governing authorities of the Counties of Glynn and;or Fulton and;or Chatham and;or Bibb and;or Barrow and;or Colquitt authority to pass zoning laws, or planning laws, whereby such counties may be zoned or districted for various uses, and other or different uses prohibited therein, and regulating the plans for development and improvement of real estate therein, and to authorize taxation therefor, and shall ratify any such authority heretofore undertaken to. be granted by the General Assembly to any such counttes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 3, Section 7, of the Constitution of Georgia be amended by adding thereto the following paragraph, to-wit: "Paragraph 26. The General Assembly of the State shall have authority to grant to the governing authorities of the counties of Glynn and;or Fulton and;or Chatham and;or Bibb and;or Barrow and;or Colquitt authority to pass zoning and planning hi.ws whereby such counties may be zoned or districted for various uses and other and different uses prohibited therein, to regulate the uses for which said zones or districts may be set apart, and to regulate the plans for development .and improvement of real estate therein. The General Assembly is given general authority to authorize such counties to pass zoning and planning laws, and to levy and collect .a tax therefor; and Acts_ of the General Assembly heretofore passed undertaking to grant such authority to such counties are hereby ratified and confirmed."
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a two-
TUESDAY, AUGUST 13, 1929.
769
thirds vote of the members elected to each House, it shall be entered upon the journal of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each congressional district of this State for two man ths prior 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 3, Section 7, of the Constitution of Georgia by adding Paragraph 26 thereto and authorizing the legislature to grant to the governing authorities of the Counties of Glynn and;or Fulton and;or Chatham and;or Bibb and;or Barrow and;or Colquitt, authority to pass zoning and planning laws, and ratifying the Acts of the Legislature heretofore passed undertaking to grant such authority to such counties," 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 3, Section 7, of the Constitution of Georgia by adding Paragraph 26 thereto and authorizing the legislature to grant to the governing authorities of the Counties of Glynn and;or Fulton and;or Chatham and;or Bibb and;or Barrow and;or Colquitt, authority to pass zoning and plan.ning laws and ratifying the Acts of the legislature heretofore pass undertaking to grant such authority to such counties." And if a majority of said electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the 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 3, Section 7, of the Cons ti tution of this State, and the Governor shall make proclamation thereof as provided by law.
The report of the committee, which was favorable to the passage of j:he bill, was agreed to.
770
. JouRNAL oF THE SENATE,
The bill proposing an amendment to the Constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W.
Kidd, w. J.
Pitner, J. M.
Allen, Wade
King, E. R.
Platt, Wm. H.
Atkinson, B. A.
Lane, W. T.
Rawls, H. G.
Barrett, J. B. R.
Lankford, Geo. W.
Redwine, Ohas. D.
Bird, A. J.
Lawson, H. F.
Sibley, J. Hart
Brewer, J. 0.
Lokey, 0. E.
Smith, Jno. A.
Cook, Jno. M.
Mashburn, Marcus Terrell, J. Render
Dame, George M.
Mathews, Sam M.
Tyson, Wm. S.
Fletcher, J. M.
McElmurray, W. L.
Vandiviere, H. G.
Ford, P. B.
Mickle, C. M.
Vaughn, C. R.
Garrison, J. M.
Myrick, Shelby
Williams, E. M.
Goode, Geo. L.
Nichols, A. J.
Williams, Felix 0.
Ham, T. 0.
Peek, Ohas. W.
Wright, Seaborn
Harris, B. F.
Peebles, Leon L.
Zellars, B. B.
Hyman, J. E.
Pickering, V. 0.
On the passage of the bill the ayes were 44, nays 0.
The bill having received the requisite two-thirds 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 Senate, as amended, to-wit:
By Mr. Williams of the 27th and others-
Senate Bill No. 241. A bill to be entitled an Act to amend an Act amending an Act approved December 18, 1901, so as to give the State authority to permit the United States to acquire lands in the Okefenokee Swamp, and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:
TUESDAY, AUGUST 13, 1929.
771
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills and resolutions of the House to-wit:
By Messrs. Holt and McKelvey of Gwinnett-
House Bill No. 316. A bill to be entitled an Act ~o amend the Code to authorize the Governor to designate two banks as State Depositories in certain counties, and for other purposes.
By Mr. Tippins of Evans-
House Bill No. 700. A bill to be entitled an Act to amend the charter of the City of Claxton, and for other purposes.
By Mr. Stewart of Atkinson-
House Bill No. 730. A bill to be entitled an Act to amend the Code of 1910 to authorize the designation of the City of Pearson as a city in which State Depositories may be selected, and for other purposes.
By Mr. Stewart of Atkinson-
House Bill No. 732. A bill to be entitled an Act to provide for holding three terms a year of Atkinson Su'perior Court, and for other purposes.
By Mr. Blalock of Rabun-
House Bill No. 742. A bill to be entitled an Act to amend the Act providing for holding three terms a year of Rabun Superior Court, and for other purposes.
By Mr. Blalock of RabunHouse Bill No. 743. A bill to be entitled an Act to ex-
772
JouRNAL OF THE SENATE,
empt certain militia Districts in Rabun County from provisions of the Code as relates to elections, and for other purposes.
By Mr. Phillips of Tift-
House Bill No. 780. A bill to he entitled an Act to amend the act repealing the charter of the City of Tifton, and for other purposes.
By Mr. Lee of Bacon-
House Bill No. 787. A bill to be entitled an Act to abolish the County Court of Bacon County, and for other purposes.
By Mr. Lee of Bacon-
House Bill No. 788. A bill to be entitled an Act to amend the charter ')f the City of Alma, and for other purposes.
By Mr. Lee of Ba'con-
House Bill No. 789. A bill to be entitled an Act to establish a County Criminal Court in certain counties, and for other purposes.
By Mr. Lee of Bacon_-
House Bill No 792. A bill to be entitled an Act to provide for procedure in con tests of elections in certain counties, a'nd for other purposes.
By Mr. Allen of Baldwin-
House Bill No. 797. A bill to be entitled an Act to extend the term of office of the Solicitor of the County Court of Baldwin County, and for other purposes.
TuEsDAY, AuousT 13, 1929.
773
By Mr. Adkins of Calhoun-
House Bill No. 798. A bill to be entitled an Act to amend the Act creating the City Court of Morgan, and for other purposes.
By Mr. Blalock of Rabun-:-
House Bill No. 807. A bill to be entitled an Act to amend the charter of the Town of Mountain City, and for other purposes.
By Mr. New of Laurens-
House Bill No. 440. A bill to be entitled an Act to amend the Code defining an emigrant, and for other purposes.
By Mr. Felker of Walton-
House Resolution No. 103. A resolution to furnish, Walton County certain court reports, and for other purposes.
The following House Resolution and Bills were read the first time and referred to committee:
By Mr. Felker of Walton-
House Resolution No. 103. A resolution to furnish Walton County certain court reports.
Referred to Committee on Publi~ Library.
By Messrs. Holt and McKelvey of Gwinnett-
House Bill No. 316. A bill to amend the Code to authorize the Governor to designate two banks as State depositories in certain cities.
Referred to Committee on Banks and Banking.
774
JouRNAL OF THE SENATE,
By Mr. New of Laurens-
House Bill No. 440. A bill to amend an Act defining an emigrant.
Referred to Committee on Commerce and Labor.
By Mr. Tippins of Evans-
House Bill No. 700. A bill to amend the charter of the City of Claxton.
Referred to Committee on Municipal Government.
By Mr. Stewart of Atkinson-
House Bill No. 730. A bill to amend Code of 1910 providing for the addition of Pearson to list of State depositories.
. Referred to Committee on Banks and Banking.
By Mr. Stewart ofAtkinson-
House Bill No. 732. A bill to provide for holding three terms a year of Atkinson Superior Court.
Referred to Committee on Special Judiciary.
By Mr. Blalock of Rabun-
House Bill No. 742. A bill to amend an Act providing for holding three terms a year of Rabun Superior Court.
Referred to Committee on Special Judiciary.
By Mr. Blalock of Rabun-
House Bill No. 743. A bill to exempt certain Militia Districts from provisions of Code as relates to elections.
Referred to Committee on Privileges and Elections.
TuEsDAY, AuousT 13, 1929.
775
By Mr. Phillips of Tift-
_House Bill No. 780. A bill to repeal the charter of the City of Tifton.
Referred to Committee on Corporations.
By Mr. Lee of Bacon-
House bill No. 787. A bill to abolish County Court of Bacon County.
Referred to Committee on Special Judiciary.
By Mr. Lee of BaconHouse Bill No. 788. A bill to amend the charter of the
City of Alma. Referred to Committee on Municipal Government.
By Mr. Lee of BaconHouse Bill No. 789. A bill to establish a County Crimi-
nal Court. Referred to Committee on Special Judiciary.
By Mr. Lee. of Bacon-
House Bill No. 792. A bill to provide for the procedure in contests of elections in certain counties.
Referred to Committee on Privileges and Elections.
By Mr. Allen of Baldwin-
House Bill No. 797. A bill to extend term office of Solicitor of County Court of Baldwin County.
Referred to Committee on Special Judiciary.
776
JOURNAL OF THE SENATE,
By Mr. Adkins of Calhoun-
House Bill No. 798. A bill to amend an Act creating a City Court of Morgan.
Referred to Committee on Special Judiciary.
By Mr. Blalock of Rabun-
House Bill No. 807. A bill to amend the charter of the town of Mountain City.
Referred to Committee on Counties and County Matters.
By unanimous consent the following bill was recommitted to the Committee on State of the Republic.
By Mr. King of the 11th-
Senate Bill No. 193. A bill to abolish the department of Public Welfare.
Mr. Myrick of the 1st, vice chairman of the Committee on Rules, submitted the following report:
Mr. President: Your committee on Rules have established the following
as the calendar of business for Tuesday, August 13, 1929, to-wit:
Senate Bill No. 259. Senate Bill No. 244. Senate Bill No. 25. Senate Bill No. 131. Senate Bill No. 77. Senate Bill No. 56. Senate Bill No. 130. Senate Bill No. 124.
TUESDAY, AUGUST 13, 1929.
777
Senate Bill No. 52. Senate Bill No. 186. Senate Bill No. 211.
The following bill was read the third time and placed upon its passage:
By Mr. Whaley of the 35th-
Senate Bill No. 259. A bill to allow banks in Atlanta to establish branch banks.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 4.
The bill having received the requisite constitutional majority was passed.
The following bill was taken up for the purpose of concurring in the House substitute to the same:
By Mr. Neill of the 24th-
Senate Bill No. 3. A bill to define and allocate the State Highway mileage.
The House adopted the following substitute to the Senate-Bill.
Committee Substitute to Senate Bill No. 3.
A BILL.
An Act to amend an Act en ti tied "An Act to reorganize and reconstitute the State Highway Department of Georgia and to prescribe the duties and powers thereof; to create a system of State-Aid roads and provide for the designation, maintenance, improvement and construction of the same; to create and provide for a State-Aid
778
JouRNAL oF THE SENATE,
Road Fund, and for the control and management thereof; to provide for the paving of said State-Aid Roads by the State, or in co-operation with the Counties, or with the United States Government; to provide for assistance to counties upon the public roads thereof, and in retiring county road bonds; to assent to the provisions of the Act of Congress approved July 11, 1916, known as the' Act to provide that the United States shall aid the State in the construction of rural post roads, and for other purposes'; to provide the right to condemn property for State-Aid Roads in certain cases; and for other purposes, approved August 18, 1919, Georgia Laws 1919, pages 242-253, as amended by an Act of the General Assembly of the State of Georgia, approved August 10, 1921, Georgia Laws 1921, page 199, entitled:
"An Act to amend an Act entitled 'an Act to reorganize and reconstitute the State Highway Department of Georgia and to prescribe the duties and powers thereof. To create a system of State-Aid Roads and provide for the designation, maintenance, improvement and construction of the same. To create and provide for a StateAid Road and for the control and management thereof; to provide for the paving of said State-Aid Roads by the State, or in cooperation with the County or with the United States Government; to provide for assistance to counties upon the public roads thereof and in retiring county road bonds, to assent to the provisions of the Act of Congress, approved July 11, 1916, known as the 'Act to provide that the United States shall aid the State in the con~truction of rural post roads and for other purposes.' To provide the right to condemn property for State Aid Roads in certain ca~es; to provide for a change in the manner of the selection of the Chairman and other members of the Board, and for other purpo3es,'" as amended by an Act of the General Assembly of the State of Georgia, approved August 21, 1925, entitled "an Act to amend an Act entitled, 'an Act to amend an Act entitled
TuEsDAY; AucusT 13, 1929.
779
An Act to reorganize and reconstitute the State Highway Department of Georgia and to prescribe the duties and powers thereof. To create a system of State Aid Roads and provide for the designation, maintenance, improvement and construction of the same. To create and provide for a State Aid Road and for the control and management thereof; to provide for the paving of said State-Aid Road by the State, or in cooperation with the county or with the United States Government; to provide for assistance to counties upon the public roads thereof and retiring county road bonds, to assent to the provisions of the Act of Congress, approved July 11, 1916, known as the 'Act to provide that the United States shall aid the State in the construction of rural post roads and for other purposes.' Tc provide the right to condemn property for State Aid Roads in certain cases; to provide for a change in the manner of the selection of the Chairman and other members of the board, and for other purposes'", by striking from the last two lines of Section 1 of said Act approved August 21, 1925, the words and figures "Sixty three hundred (6300) miles" and substituting in lieu thereof the following words, to wit:
"That from and after the passage of this Act, the StateAid Roads in the State of Georgia are such roads as are indicated by the parallel white lines on the map of the State of Georgia, hereto attached and made a part of this bill, with the power and authority in the State Highway Board of the State of Georgia, from time to time, in its discretion, to designate an additional five hundred (500) miles of State Aid Roads within the State of Georgia, between any points in said State, which within its discretion may require such State-Aid Roads, and such roads as are indicated by the two parallel white lines on the map of the State cf Georgia, which is hereto attached, and by this enactment made a part of this bill, shall be the State Aid Roads of the State of Georgia, without regard to the number of miles in said State-Aid Roads, until other State-Aid mileage is added
780
JouRNAL oF THE SENATE,
thereto by the State Highway Board of the State of Georgia, in its discretion, not to exceed five hundred (500) miles"; and by striking from the first two lines of Provision 3, Section 2 of Article 5 of the Act of the General Assembly d the State of Georgia, approved August 18, 1919 (Georgia Laws 1919, page 249) the following language, to-wit:
"In designating and locating the entire system of StateAid Roads, the";
and by striking after the word "relocate" in the 17th line of Section 1 of the Act approved August 10, 1921 (Georgia Laws, 1921, page 200) the following language, to-wit:
"Said road bed and right of way",
and inserting in lieu thereof, the following language, to-wit:
"In their entirety any one or all of said roads, keeping in view only the control points",
Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that Provision 3, Section 2 of Article 5 on page 249 of the Georgia Laws of 1919, as amended by the Act of the General Assembly of the State of Georgia, approved August 21, 1925, Georgia Laws 1925, page 207, be amended by striking from the last two lines of Section 1 of said Act approved August 21, 1925, Georgia Laws 1925, page 207, the words and figures "sixty-three hundred (6300) miles", and substituting in lieu thereof the following words, to-wit:
"That from and after the passage of this Act, the StateAid Roads in the State of Georgia are such roads as are indicated by the parallel white lines on the map of the State of Georgia, hereto attached and made part of this bill, with the power and authority in the State Highway Board of the State of Georgia, from time to time, in its discretion, to designate an additional five hundred (500) miles of StateAid Roads within the State of Georgia, between any points in said State, which within its discretion may require such State-Aid Roads, and such roads as are indicated by the
TuEsDAY, AuGUST 13, 1929.
781
two parallel white lines on the map of the State of Georgia, which is hereto attached, and by this enactment made a part of this bill, shall be the State-Aid Roads of the State of Georgia, without regard to the number of miles in said State-Aid Roads, until other State-Aid mileage is added thereto by the State Highway Board of the State of Georgia, in its discretion, not to exceed five hundred (500) miles";
and by striking from the first two lines of provision 3, Section 2, of Article 5 of the Act of the General Assembly of Georgia, approved August 18, 1919 (Georgia Laws 1919, page 249) the following language, to-wit:
"In designating and locating the entire system of StateAid Roads, the";
and by striking after the word "relocate" in the 11th line of Section 1 of the Act approved August 10, 1921 (Georgia Laws 1921, page 200) the following language, to-wit:
"Said road-bed and right of way",
and inserting in lieu thereof the following language, to-wit:
"In their entirety any one or all of said roads, keeping in view only the control points";
so that said Provision 3, Section 2 of Article 5, when amended shall read as follows:
"Efforts shall be made to serve as large a terri tory and as many market points as practicable with the said system, due consideration being given topographic and construction difficulties, provided that said State Highway Department shall take over the State Aid Roads as above mentioned on or before January 1, 1922; and provided further, when the various Counties have complied with the law with reference to right of way, and provided further that the State Highway Department in taking over said roads is not bound to the right of way and road-bed as located on January 1, 1922, but shall have the right to resurvey and relocate in their entirety any one or all of said
782
. JouRNAL O.F THE SENATE,
roads, keeping in view only the control paints, and it shall be the duty of the County or Counties when its resurveys and relocations are made to furnish the right of way, or relocation and resurvey, free of charge to the said Highway Department; provided, that in relocating any road or right of way the State Highway Department shall confer with the Ordinary or County Commissioners, as the case rnay be, and give due consideration to their wishes, but in case of disagreement the judgment oJ the State Highway Board shall prevail. That from and after the passage of this Act, the State-Aid Roads in the State of Georgia are such roads as are indicated by the parallel white lines on the map of the State of Georgia, hereto attached and made a part of this bill, with the power and authority in the State Highway Board of the State of Georgia, from time to time, in its discretion, to designate an additional five hundred (500) miles of State-Aid Roads within the State of Georgia, between any paints in said State, which within its discretion may require such State-Aid Roads, and such roads as are indicated by the two parallel white lines on the map of the State of Georgia, which is hereto attached, and by this enactment made a part of this bill, shall be the State-Aid Roads of the State of Georgia, without regard to the number of miles in said State-Aid Roads, until other State-Aid mileage is added thereto by the State Highway Board of the State of Georgia, in its discretion, not to exceed five hundred (500) miles."
Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Counties in which lie such additional State-Aid Roads as are created by this Act shall not receive from the State of Georgia a proportionate part of the tax, generally called the gas tax, for such additional mileage, until the rights of way for such additional StateAid mileage has been provided by the counties in which lie such additional mileage, and not until provision has been made by the State Highway Board for the construction of
TuEsDAY, AucusT 13, 1929.
783
such additional mileage, and as each County furnishes the rights ofway for such additional mileage and after provision for construction of such mileage has been made by the State Highway Department, then such County or Counties shall be paid by the State of Georgia the proportionate amount of the gas tax for such additional mileage in said County or Counties complying with the provisions of this Act.
Sec. 3. Be it further enacted by the General Assembly
of the State of Georgia, and it is hereby enacted by authority
of the same, That theStateHighwayDepartmentoftheState
of Georgia shall not be liable under existing laws for damages
accruing on such additional State-Aid Roads created by
this Act, until the rights of way have been provided by the
Counties and construction thereon begun under the di-
rection of the State Highway Board and such additional
State-Aid Roads opened to traffic by the State Highway
Department.
~
Sec. 4. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That any contracts heretofore made by the State Highway Department of Georgia with any of the Counties of Georgia for the construction of any of the State-Aid Roads indicated upon the map of the State of Georgia, hereto attached, and made a part of this bill, shall be and remain of force and the State Highway Department is hereby authorized to perform and execute said con tracts in their entirety as originally contemplated by the State Highway Department and the various Counties of the State of Georgia, when such contracts were executed.
Sec. 5. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that should any portion of this Act be held to be unconstitutional by the Courts, then the remaining portion of this Act shall not be affected by such ruling.
Sec. 6. Be it further enacted by the General Assembly
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JouRNAL OF THE SENATE,
of the State of Georgia, and it is hereby enacted by authority of the same, that all laws, or parts of laws, in conflict with this Act be, and the same are hereby repealed.
Mr. Terrell of the 36th called for the previous question on the substitute and all amendments thereto, and the call was sustained.
Mr. Neill moved to amend the substitute as follows, to-wit:
By Senator Neill of the 24th-
Moves to amend House Substitute to Senate Bill No. 3, known as the Neill-Traylor Mileage Bill, by adding to the caption of said substitute just before the words "and for other purposes", the following language, to-wit:
"And to define and declare the amount of highway mileage of this State; to provide that the amount or number of miles of state-aid mileage constructed within towns or cities of not more than two thousand five hundred (2,500) people shall be excluded from the limitation on the total amount of highway mileage as provided by the present or future laws of this State, limiting the amount of the stateaid highway mileage in this state."
The amendment was adopted.
Mr. Neill further moved to amend as follows: AMENDMENT.
By Sena tor Neill of the 24th-
Moves to amend House Substitute to Senate Bill No. 3, known as the Neill-Traylor-Mileage Bill, by adding a new section to be known as Section 3, and renumbering the succeeding sections accordingly, said new section 3 to read as follows:
TuEsDAY, AuGusT 13, 1929.
785
"Section 3. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that such roads as may have been constructed or upon which construction has or had begun with State, County and for Federal Aid (whether included on said map or not) shall immediately become a part of the State Highway System and is to be given preference in construction and paving over any additional mileage added by this Act; and then the mileage designated and adopted into the State Aid System by the State Highway Board (and as shown by the minutes of said Board) after passage of that certain Act of the General Assembly of Georgia, approved August 21, 1925, limiting the total mileage of State Aid roads in said System to 6300 miles as set forth in the Published Volume of Georgia Laws 1925, pages 207 and 208 and prior to the 31st day of December, 1928, shall next be given preference in construction and paving over any additional mileage added by this Act.
It is not the purpose of this Act, however, to require the State Highway Board to abandon any of its present construction and paving projects but it shall exercise its best judgment as to when and in what manner the roads hereby specially designated shall be completed and paved; and for the purpose of carrying in to effect the provisions of this Act all necessary power and authority is hereby vested in said State Highway Board.
The State Highway Department shall have the authority to construct and maintain State Aid roads in and through towns and cities of not more than 2500 people and all such State Highway mileage within the incorporate limits of such towns or cities embraced and included is hereby declared to be excluded from the limitations of any highway mileage as contemplated by this Act, and nothing contained in this Act shall be construed to prevent any county of this State in which there is located a town or city of not more than 2500 people to receive its pro-rata of the one cent gasoline tax now allocated or to be allocated to the
786
JOURNAL OF THE SENATE,
counties as to such State Aid Road mileage m towns or cities of not more than 2500 people.
Nothing in this Act shall be construed to add any additional maintenance cost for roads to the Highway Department until such roads shall have been located and constructed as contemplated under this Act.
Nothing contained in this Act shall be construed to prevent any county of this State in which there is located a town or city of Twenty-five hundred (2500) prople or less, to receive its pro-rata of the one-cent gasoline tax now allocated to the counties as to such state-aid road mileage in towns or cities of not more than twenty-five hundred (2500) people. The state-aid road mileage described in the first paragraph of this section of this Act, shall immediately become a part of the State Highway System, and counties in which said roads are located shall be entitled to receive their pro-rata part of the one-cent gasoline tax now allo-. cated to the counties, as to such state-aid road mileage.
Mr. Myrick of the 1st moved to amend the amendment as follows:
"Amend by adding the following language at the end of the amendment adding a new section to be known as Section 3, to-wit:
Nor shall anything in this Act be construed to invalidate any Special Act of the General Assembly which may have been heretofore passed, or which may hereafter be adopted incorporating into the State Highway System any highway mileage which may have been included in or taken into the Federal Aid System by the Bureau of Public Roads of the United States".
The amendment to the amendment was adopted.
Mr. Vaughn of the 34th moved to amend the amendment of Senator Neill as follows:
TuEsDAY, AucusT 13, 1929.
787
"Amend by adding immediately following the word "Board" in line 6 of Section 3 the following "And also those roads which were prepared and conditioned by the Several county authorities under contract or agreements with the f:Iighway Board, that said roads would be certified into the State aid system of highways, so that those roads prepared and conditioned for purpose of becoming part of State aid system of highways, shall rank equally with that mileage actually certified into the system under Acts of General Assembly of 1925".
The amendment to the amendment was adopted.
The amendment, as amended was adopted.
Mr. Neill moved that the House substitute, as amended, be concurred in, and the motion-prevailed.
The map referred to in Section 4 of the substitute, is as follows:
788
JouRNAL oF THE SENATE,
The following message was received from His Excellency, the Governor, through Mr. Wilson the Secretary thereof:
Mr. President:
I am directed by His Excellency, the Governor to deliver to the Senate a sealed communication in writing.
By unanimous consent the Senate went into executive session at 11:10 o'clock A. M.
The executive session was dissolved at 12:01 o'clock P. M.
The following Resolution was read the third time and placed upon its passage:
By Mr. Neill of the 24thSenate Resolution No. 25-
A RESOLUTION.
Proposing to the people of the State of Georgia an amendment to the Constitution thereof, for ratification or rejection by them, by striking from Section 4 of Article 3 of said Constitution paragraph 3 thereof in its entirety, relating to the time of meeting of the General Assembly, and inserting a new paragraph to be known as Paragraph 3, providing a special biennial session of the General Assembly on the first Monday in January, 1931, and biennially thereafter, and changing date of regular session, and for other purposes.
The General Assembly of Georgia hereby proposes to the people of Georgia an amendment to Section 4 of Article 3 of said Constitution by striking Paragraph 3 of said Section of said Article, relating to time of meeting of the General Assembly, and by inserting in lieu thereof, a new paragraph to be known as Paragraph 3, which shall read as follows, to-wit:
TuEsDAY, AuousT 13, 1929.
789
"Paragraph 3. The General Assembly shall meet on the first Monday in January, 1931, and biennially thereafter on the same date until the day shall be changed by law. Such session shall continue no longer than ten (10) days, and the only business which shall be transacted thereat, shall be the election of officers of the General Assembly and the organization of same: the inauguration of the Governor elect, and other state house officers, whose terms of office run concurrently with that of the Governor; the election, or appointment of committees of each house; the election of the Governor and other state house officers, in the event of no election by the people as under the present provisions of this Constitution, the decision of contested elections for Governor and other officers as under present provisions of the Constitution, and the introduction and first reading of bills and resolutions, the impeachment of public officers and trial thereof. Provided, that if, at the end of ten (10) days, an election or contest, or <>actual trial of impeachment is pending, the session may be prolonged until, all such officers shall be elected, so declared and finally inaugurated or installed in office. The General Assembly shall reconvene in regular session on the First Wednesday after the 4th of July, 1931, and biennially thereafter on the same date until the date shall be changed by law. No such regular session of the General Assembly shall continue longer than sixty (60) days. Provided, that if, an impeachment trial is pending at the end of sixty (60) days, the session may be prolonged until completion of said trial.
"The terms of the present incumbents of the offices of Governor and those which are for the same term as the Governor shall expire upon the inauguration of the Governor at the first biennial session held under the provisions hereof in January, 1931."
The Governor is hereby required at the next general election to be held on the Tuesday after the first Monday in November, 1930, to submit this amendment to the people of the State for their ratification or rejection; that the form
790
JouRNAL oF THE SENATE,
of said submission shall be as follows: "For the ratification of the amendment to Article 3, Section 4, Paragraph 3, of the Constitution, providing for meeting of the General Assembly in January, to inaugurate the Governor" or "Against the ratification of the amendment to Article 3, Section 4, Paragraph 3, of the Constitution, providing for meeting of the General Assembly in January, to inaugurate the Governor."
The Governor is hereby required to cause the above amendment to be published in one newspaper in each congressional district in the State for the space of two months before the next general election, and the votes cast at said election on said amendment shall be consolidated in the several counties in this State as now required by law in elections for members of the General Assembly, and the returns thereof be made to the Governor of the State, and should a maj0ritv of the votes cast at said election on said amendment be i~ favor o( the ratification thereof, then it shall be the duty of the Governor by his proclamation to declare the same .adopted and it shall become a part of the Constitution of the State.
The report of the committee, which was favorable to the passage of the resolution was agreed to.
The resolution proposing an amendment to the Constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:.
Adams, Geo. W. Allen, Wade Alston, G. 0. Atkinson, B. A. Barrett, ;r. B. R. Bird, A. J. Brewer, J. 0. Dame, George M. Dorsey, ;r, H. Fletcher, ;r, M.
Ford, P. B. Garrison, ;r. M. Goode, Geo. L.
Ham,T. C. Hyman, J. E.
Kidd, w. J.
Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E.
Mashburn, Marcus Mathews, Sam M. McElmurraY, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peebles, Leon L. Pickering, V. 0. Pitner, ;r. M.
TuEsDAY, AucusT 13, 1929.
791
Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Slble:v, J. Hart
Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandlvlere, H. G.
Vaughn, 0. R. Whaley, W. V. W1lllams, Fellx 0. Wright, Seaborn
Those voting in the negative were Messrs.:
Harris, B. F.
On the passage of the bill the ayes were 42, nays 1.
The bill having received the requisite two-thirds constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Tyson of the 2nd-
Senate Bill No. 131. A bill to amend the constitution fixing the compensation of members of the General Assembly.
Mr. Tyson moved to amend the bill as follows:
"Amend by inserting in the blank in Section 1 of the bill the following words and figures "Five Hundred Dollars ($500.00)".
The amendment was adopted.
Mr. Tyson <Jsked unanimous consent that the further consideration of the bill be postponed until after the action of the Senate on Senate Bill No. 130, and the consent was granted.
The following bill was again taken up for consideration.
By Mr. Neill of the 24th-
Senate Bill No. 77. A bill to create the office of Lieutenant Governor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
792
JouRNAL oF THE SENATE,
The bill proposing an amendment to the Constitution of the State, a roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. 0. Barrett, .J. B. R. Brewer, .J. 0. Dame, George M. Ford, P. B. Garrison, .J. M. Goode, Geo. L. Hyman, .J. E.
Lane, W. T. Lankford, Geo. W. Lawson, H. F. Mashburn, Marcus Mathews, Sam M. Myrick, Shelby Nichols, A. .J. Paulk, R. Pickering, V. 0.
Platt, Wm. H. Rawls, H. G. Tyson, Wm. S. Vandlviere, H. G. Whaley, W. V. Williams, E. M. Williams, Felix 0. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Bird, A .J. Cook, .Jno. M. Ham,T.O. Harris, B. F.
Kidd, w. .J.
King, E. R.
Lokey, c. E.
McElmurray, W. L. Mickle, C. M. Peebles, Leon L.
Pitner, .J. M. Redwine, Chas. D. Sibley, .J. Hart Smith, .Jno. A. Terrell, .J. Render
Before the announcement of the result of the roll call, Mr. Neill asked unanimous consent to postpone further action on the bill until to-morrow morning, and that at that time a simple roll call be had.
Mr. Pitner objected.
On the passage of the bill the ayes were 28, nays 15.
The bill having failed to receive the requisite two-thirds constitutional majority was lost.
Mr. Smith of the 25th moved that the Senate adjourn, and the motion prevailed.
The President declared the Senate adjourned until this afternoon at 3:00 o'clock.
TuEsDAY, AuGUST 13, 1929.
793
AFTERNOON SESSION 3:00 P. M.
The Senate met pursuant to adjournment at 3:00 o'clock P.M. this day and was called to order by the President.
The following bills were introduced, read the first time and referred to Committees:
By Mr. Lankford of the 15thSenate Bill No. 270. A bill to create a Board of Com-
missioners of Toombs County.
Referred to Committee on Counties and County Matters.
By Mr. Lankford of the 15th-
Senate Bill No. 271. A bill to repeal an Act to create a Bqard of Commissioners of Toombs County.
Referred to Committee on Counties and County Matters.
By Mr. Lankford of the 15thSenate Bill No. 272. A bill to provide for working of
public roads in Toombs County. Referred to Committee on Counties and County Matters. Mr. Davis of the 21st District, Chairman of the Com-
mittee on Municipal Goverment, submitted the following report:
Mr. President: Your Committee on Municipal Goverment has had under
consideration the following bills of the House and has instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass:
By Mr. Westbrook of DoughertyHouse Bill No. 707. A bill to be entitled an Act to
amend the charter of the City of Albany.
794
JOURNAL OF THE SENATE,
By Mr. Cromartie of Jeff DavisHouse Bill No. 679. A bill to be entitled an Act to re-
peal an Act creating a charter for the town of Denton. Respectfully submitted, DAVIS, Chairman.
Mr. Williams of the 16th District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your committee on Game and Fish has had under consideration the following bill of the House and has instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 33.
Respectfully submitted,
WILLIAMS, Chairman.
Mr. Zellars of the 30th District, Chairman of the Committee on Education and Public Schools, submitted the following report:
Mr. President:
Your Committee on Education and Public Schools has haa under consideration the following bills of the House and Senate and has instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 479.
House Bill No. 480.
House Bill No. 495.
Senate Bill No. 229.
TuEsDAY, AuousT 13, 1929.
795
House Bill No. 110, as amended. Respectfully submitted, ZELLARS, Chairman.
Mr. Zellars of the 30th District, Chairman of the Committee on Education submitted the following report:
Mr. President:
Your Committee on Education has had under consideration the following bill of the Senate and has instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 253.
Respectfully submitted,
ZELLARS, Chairman.
Mr. Sibley of the 19th District, Chairman of the Com. mittee on Temperance, submitted the following report:
Mr. President:
Your Committee on Temperance has had under consideration the following bill of the Senate, and has instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 268. A bill to prohibit the transportation of intoxicating liquors from one county to another, in this state, to provide penalty therefor and for other purposes.
Respectfully submitted,
J. H. SIBLEY, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Goverment submitted the following report:
796
JOURNAL OF THE SENATE,
Mr. President:
Your Committee on Municipal Goverment has had under consideration the following bill of the House and has instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 297.
Respectfully submitted,
DAVIS, Chairman.
Mr. Goode of the 47th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters, has had under consideration the following bill of the House and has instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 755.
Respectfully submitted,
GooDE, Chairman.
The following bills, favorably reported, were read the second time:
By Mr. Mickle of the 37th-
Senate Bill No. 229. A bill to amend School Code so as to provide for five trustees for all school districts.
By Mr. Allen of the 41st-
Senate Bill No. 253. A bill to authorize a Board of School Commissioners to pay over a certain sum to the Board cf Trustees of the Blue Ridge School District.
TuEsDAY, AuousT 13, 1929.
797
By Mr. Terrell of the 36th-
Senate Bill No. 268. A bill to amend the prohibition laws of Georgia.
By Mr. Rabun of Jefferson-
House Bill No. 33. A bill to repeal an Act prohibiting fishing in certain counties.
:By Messrs. Beaton of Ware and others-
House Bill No. 110. A bill to create a special Text Book Commission.
:By Richmond Delegation-
House Bill No. 297. A bill to amend the charter of the City of Augusta.
By Mr. Mills of Chatham-
House Bill No. 475. A bill to authorize a Board of Education of Savannah and Chatham County to administer funds ~ppropriated for teachers' retirement.
By Mr. Mills of Chatham-
House Bill No. 480. A bill to provide that Savannah may change educational limitations.
By Mr. Edmondson ofChattooga-
House Bill No. 495. A bill to repeal an Act incorporating Menlo School District.
By Mr. Cromartie of Jeff Davis-
House Bill No. 679. A bill to repeal an Act creating a charter for the town of Denton.
798
JouRNAL OF THE SENATE,
By Mr. Westbrook of Dougherty-
House Bill No. 707. A bill to amend the charter of the City of Albany.
By Mr. Hanie of White-
House Bill No. 755. A bill to create a Board of Commissioners fer White County.
The following bill was read the third time and placed upon its passage:
By Mr. Cooper of Bibb-
House Bill Nc. 154. A bill to amend the Act creating the City Court of Macon.
The Committee on Special Judiciary proposed the following substitute to the bill:
SUBSTITUTE TO HOUSE BILL NO. 154.
"An Act to amend an Act to establish the City Court of Macon in and for the County of Bibb; to define its jurisdiction and powers; and provide for the appointment cf a Judge, and the other officers thereof, and for other purposes," approved August 14, 1885, and the Acts amendatory thereof, approved August 16, 1915, July 24, 1920, August 10, 1921 and August 21, 1925, by fixing the compensation cf the Clerk and deputy clerk of said Court 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 same, that from and after the passage of this Act Section 7 of the Act creating the City Court of Macon approved August 14, 1885, as amended by subsequent Acts, be amended by striking said Section 7, as the same is amended, in its entirety, and substituting in lieu thereof another section to be known as Section 7, which shall read as follows:
TuEsDAY, AucusT 13, 1929.
799
"Sec. 7. Be it further ePacted, that there shall be a clerk of said court who shall be appointed by the Judge therecf; said clerk shall, before entering ;.rpon the dJties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said court; he shall also, before entering upon the duties of his office, execute a bond with good security in the sum of $3,000.00, conditioned to account for all money which may come into his hands as Clerk, and for the faithful discharge of the duties of his office; he shall hold his office for a term of four years. Said clerk shall receive in lieu of fees in both civil and criminal cases a salary of $3900.00 per annum, to be paid monthly out of the treasury of Bibb County by the person or persons charged by law with paying out the money of said county; and the Clerk of said court shall have power by and with the consent of the Judge thereof, to appoint a Deputy Clerk whose compensation shall be $2700.00 per annum, to be paid as the salary of said Cle1 k is paid. The compensation heretofore paid the Clerk and Deputy Clerk of said Court is hereby ratified and confirmed."
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.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage ot the bill the ayes were 34, nays 0.
The bill having received the ;equisite constitutional majority was passed, by substitute.
The following resolution was read the third time and placed upon its passage:
By Mr. Beasley ot TatnallHouse Resolution No. 17. A resolution for the relief of
M. J. Wright as surety on bond.
800
JOURNAL OF THE SENATE,
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 28, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Whaley of the 35th District, Chairman of the Committee on Public Property, submitted the following report:
Mr. President:
Your Committee on Public Prcperty has had under consideration the following bill of the Senate and has instructed me as chaiman, to repot t the same back to the Senate with the recommendaton that the same do pass:
Senate Bill No. 257.
Respectfully submitted,
WHALEY, Chairman.
The following bill, favorably reported was read the second time:
By Mr. Whaley of the 35th-
Senate Bill No. 257. A bill to fix the compensationiof Commissioners of Roads and Revenues in certain counties.
The following bill was read the third time and placed upon its passage:
By Mr. Freeman of Early-
House Bill No. 564. A bill to provide for a Board of Commissioners for Early County.
The committee moved to amend the bill as follows:
"Amend Section 1 by striking therefrom the words in line two as follows: 'and the election of the members thereof as herein provided'; and also amend by striking
TUESDAY, AUGUST 13, 1929.
801
paragraph 3, and substituting the following, "Until January 1, 1923 and until their successors are elected and qualified, .the following persons shall constitute said board, namely,
Grady Holman, T. G. Harvey, Jr., C. E. Martin, Willie
Wiley and C. D. Tyler. Vacancies occurring on said board at any time, or from any cause, shall be filled by the appointment of the Judge of the Superior Court of said County, until the place is filled at the next general election thereafter ensuing"; also amend by striking Paragraph 6.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Messrs. Hewell and Adams of ElbertHouse Bill No. 577.
A BILL.
To be entitled an Act to amend Paragraph one, section seven, Article seven of the Constitution of Georgia as now amended so as to provide for allowing the City of Elberton, Georgia, to increase its bonded. indebtedness, in addition to and separate from the amount of debts heretofore allowed under said paragraph under certain circumstances for the purpose of condemning, purchasing, repairing, building and maintaining an electric system within or without the City of Elberton, Georgia, including dams, reservoirs, electric lines, poles, steam plants or anything else that may be necessary for the building, construction or operating of an electric system for the City of Elber-
802
JouRNAL oF THE SENATE,
ton, may incur a bonded debt in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred to an amount in the aggregate not to exceed Two Hundred Thousand ($200,000.00) Dollars, and such indebtedness not to be incurred except with the assent of two thirds of the qualified voters of said City at an election or elections to be held as may now or may hereafter be prescribed by law for the incurring of new debts by said City of Elberton, Georgia.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that Paragraph one, Section seven, Article seven of the Constitution of this State as now amended, is hereby amended by adding at the end of said paragraph the following: Except that the City of Elberton, Georgia, from time to time as may be necessary for the purpose of condemning, purchasing or constructing and maintaining an electric system within or without the city limits including dams, reservoirs, electric lines, poles, steam plants or anything else that may be necessary for the building, construction, or operating of an electric system by the City of Elberton, may incur a bonded debt in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred to an amount in the aggregate not to exceed the sum of Two Hundred Thousand ($200,000.00) Dollars, and such indebtness not to be incurred except with the assent of two thirds of the qualified voters of said city at an election or elections to be held as may now or may hereafter be prescribed by law for the incurring of new debts by said City of Elberton, so that said paragraph of the Constitution when amended shall read as follows:
Paragraph 1. The debt hereafter incurred by any county, municipal corporation or political division of this State, except as in this Constitution provided for, shall not exceed seven per centum of the assessed value of all the taxable property therein, and no such county, municipality or local division shall incur any new debt, except for tempo-
TUESDAY, AUGUST 13, 1929.
803
rary loan or loans to supply casual deficiencies of revenue, not to exceed one fifth of one per centum of the annual value of taxable property therein, without the assent of two thirds of the qualified voters thereof at an election for that purpose to be held as may be prescribed by law; but any city, the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the adoption of this Constitution, may be authorized by law to increase, at any time, the amount of said debt three per centum upon such assessed valuation; except that the City of Augusta, from time to time, as necessary for the purpose of protection against flood, may incur a bonded indebtedness upon its power producing canal and municipal water works, in addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding fifty per centum of the combined values of such properties, the valuation of such properties to be fixed as may be prescribed by law, but said valuation not to exceed a figure five per cent on which shall represent the net revenue per annum produced by the two such properties together at the time of said valuation, and such indebtedness not be incurred except with the assent of two thirds of the qualified voters of said City at an election or elections for that purpose to be held as may be now or may hereafter be prescribed by law for the incurring of new debts by the said City Council of Augusta; except that the City of West Point, from time to time as may be necessary for the purpose of protection against floods, may incur a bonded indebtedness in addition to, and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred to an amount in the aggregate not exceeding the sum of Seven Hundred and Fifty Thousand Dollars, and such indebtedness not to be incurred except with the assent of two thirds of the qualified voters of such city at an election or elections to be held as may now or hereafter be prescribed by law for the incurring of new debts by said City of West Point, except that the City of LaGrange from time to time as necessary for the purpose of repairing, pur-
804
JOURNAL OF THE SENATE,
chasing or constructing water works system including all necessary pipe lines, pumping stations, reservoirs, or anything else that may be necessary for the building or construction or operating a water works system for the City of LaGrange, may incur a bonded indebtedness in and in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred to an amount in the aggregate not exceeding the sum of Five Hundred Thousand ($500,000.00) Dollars, and such indebtedness not to be incurred except with the assent of two thirds of the qualified voters of such city at an election or elections to be held as may be now or may hereafter prescribed by law for the incurring of new debts of said City of LaGrange; except that the City of Elberton, Georgia, from time to time may increase its bonded indebtedness, in addition to and separate from the amount of debt heretofore allowed under said paragraph for the purpose of condemning, purchasing, repairing, building and maintaining an electric system within or without the City of Elberton, Georgia, including dams, reservoirs, electric lines, poles, steam plants, or anything else that may be necessary for an electric system may incur a bonded debt in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred to an amount in the aggregate not to exceed the sum of Two Hundred Thousand ($200,000.00) Dollars, and su( h indebtedness not to be incurred except with the assent of two thirds of the qualified voters of said city at an election or elections to be held as may now or may hereafter be prescribed by law for the incurring of new debts by said .City of Elberton, Georgia.
Sec. 2. Be it further enacted by the authority aforesaid, that whenever 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, and the same has been entered on their Journals, with the ayes and nays taken together thereon, the Governor shall, and he is hereby, authorized and instructed to
TuEsDAY, AuGusT 13, 1929.
805
cause said amendment to be published in at least two newspapers in each congressional district in this State for a period of two manths next preceding the time of holding the next general election.
Sec. 3. Be it 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 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 now entitled to vote for members of the General Assembly. All persons voting at such election -~n favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots: "For amendment allowing the City of Elberton, Ga., to increase its bonded indebtedness for an electric system", and all persons opposed to the adoption of this amendment shall have written or printed on their ballots; the words, "Against the Amendment allowing the City of Elberton, Georgia, to increase its bonded indebtedness for an electric system."
Sec. 4. Be it further enacted by the authority aforesaid, that the Governor be, and he is hereby, authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in paragraph one (1) of Section one (1) of Article thirteen (13) and by this Act is, and if ratified the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily newspapers of this State, announcing such results and declaring the amendment ratified.
Sec. 5. Be it further enacted by the authority afore-
806
JouRNAL OF THE SENATE,
said 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, was agreed to.
The bill proposing an amendment to the Constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Brewer, J. 0. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Ham,T.C. HYman, J. E.
Kidd, w. J. Lokey, c. E.
Mathews, Sam M.
McElmurray, w. L.
Mickle, C. M. Paulk, R.
Peek, Chas. W. Peebles, Leon L. Pitner, J. M. Platt, Wm. H. Redwine, Chas. D. SibleY, J. Hart Smith, Jno. A. Whaley, W. V. Allen, Wade Atkinson, B. A. Barrett, J. B. R. Cook, Jno. M. Davis, J. S. Lane, W. T.
Lankford, Geo. W. Lawson, H. F. Mashburn, Marcus MYrick, Shelby Nichols, A. J. Pickering, V. 0. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, 0. R. Williams, E. M. Williams, Felix C. Zellars, B. B.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite two thirds constitutional majority was passed.
The following Resolution was introduced and read; and ordered to lie on the table one day.
By Mr. Platt of the 7th-
Senate Resolution No. 65. A resolution requesting certain information from the Governor.
Mr. Platt asked unanimous consent that the resolution be considered at this time.
Mr. Redwine objected.
The following bill was read again and taken up for consideration:
TuESDAY,. AuGusT 13, 1929.
807
By Messrs. Smith of the 25th Platt of the 7th and others-
Senate Bill No. 56. A bill to amend the workmen's compensation Act.
Mr. Terrell of the 36th moved to amend the bill as follows:
"Amend by adding at the end of Section one (e) by adding at the end thereof the following:"Provided, that in all cases, of whatever nature, the amount and extent of medical, hospital and surgical services and the cost thereof shall be determined and fixed by the Industrial Commission, and the employer and;or the insurer shall defray such charges, costs and expenses, and same shall not be deducted from any compensation otherwise allowed such employee."
The amendment was adopted.
Messrs. Hyman and Goode moved to amend the bill as follows:
"Amend by providing that in all cases of hernia the compensation shall be paid in all cases of such injuries without regard to whether the injured employee is operated upon or not, and where such employee consents to the operation the employee shall have the expense3 of said operation paid as otherwise herein provided".
The amendment was adopted.
Mr. Terrell moved to amend the bill as follows:
"Amend Section one (e) by striking the word "Commission" in line 47 the colon and the following words and punctuation marks: "first, that there was an injury resulting in hernia; second that the hernia appeared suddenly; third that it was accompanied by pain; fourth that the hernia immediately followed an accident; fifth"
The amendment was adopted.
The report of the committee, which was favorable to the passage of tlie bill as amended, was agreed to.
808
JouRNAL OF THE SENATE,
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Redwine asked unanimous consent that the Senate Resolution No. 65 be considered at this time.
Mr. Mathews objected.
The following bill was read the third time and placed upon its passage:
By Mr. Lankford of the 15th-
Senate Bill No. 261. A bill to amend an Act providing for the erection of railroad blow posts.
The report of the corrunittee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill Mr. Lankford called for the .ayes and nays and the call was sustained.
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. 0. Barrett, J. B. R. Bird, A. J. Dame, George M. Davis, J. S. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham,T. C. Harris, B. F.
Hyman, J. E.
Kidd, w. J.
Lane, W. T. Lankford, Geo, W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Mickle, 0. M. Myrick, Shelby
Nichols, A. J. Paulk, R. Peebles, Leon L.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix 0. Wright, Seaborn
Those voting in the negative were Messrs.:
Mathews, Sam M.
TuEsDAY, AucusT 13, 1929.
809
On the passage of the bill the ayes were:> 39, nays 1.
The bill having received the requisite constitutional majority wa3 passed.
The following bill was read the third time and taken up for consideration:
By Mr. Platt of the 7th-
Senate Bill No. 2. A bill to create, define and allocate the State Highway Fund to be used in the construction, maintenance and repairs of State Highways of Georgia.
Mr. Pitner moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until tom-'Jrrow morning <~t 9.00 o'clock A.M.
810
JOURNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, AUGUST 14, 1929.
The Senate met pursuant to adjournment at 9:00 o'clock A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews of the 23rd, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Lankford of the 15th asked unanimous consent that the Senate reconsider its action on yesterday in defeating Senate Bill No. 77.
Mr. Sibley objected.
The following bills were introduced, read the first time and referred to committees:
By Mr. Platt of the 7th-
Senate Bill No. 273. A bill to establish the City Court of Thomasville, in Thomas County, by amending the Act so as to impose certain duties upon the clerk of said court with reference to the record, collection and payment and disposition of all costs, fines and forfeitures paid into said court.
Referred to Committee on Special Judiciary.
By Mr. Williams of the 16thSenate Bill No. 274. A bill to amend an Act establish-
ing the City Court of Wrightsville. Referred to Committee on Special Judiciary.
WEDNESDAY, AuGUST 14, 1929.
811
By Mr. Williams of the 16th-
Senate Bill No. 275. A bill to amend Section 1074, Penal Code, so as to authorize the commitment of insane convicts to the State Sanitarium.
Referred to Committee on State Sanitarium.
Mr. Vaughn of the 34th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to Constitution has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 265.
Respectfully submitted,
VAUGHN, Chairman.
Mr. Williams of the 16th District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish has had under consideration the following House Bill No. 547 and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Respectfully submitted,
WILLIAMS, Chairman.
812
JOURNAL OF THE SENATE,
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills and resolutions of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bills Nos. 722, 786 and 800.
House Resolutions Nos. 122-803a; 79-644a; 102-762a; 91-707a; 85-681b.
Respectfully submitted,
DoRSEY, Chairman.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the following bills of the House and Senate and has instructed, me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bills Nos. 629-759-799.
Senate Bill No. 267.
Respectfully submitted,
LANE, Chairman.
Mr. Lawson of the 14th District, Chairman of the Com-
mittee on General Judiciary No. 2, submitted the following
report:
-
WEDNESDAY, AUGUST 14, 1929.
813
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the- recommendation that the same do pass:
Senate Bill No. 264.
House Bill No. 618.
Respectfully submitted,
LAwsoN, Chairman.
Mr. Williams of the 16th District, Chairman of the Committee on Came and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended.
House Bill No. 31 as amended.
Respectfully submitted,
WILLlAMS, Chairman.
Mr. McElmurray of the 17th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your Committee on Agriculture has had under consideration the following bill and resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass: -
814
JouRNAL oF THE SENATE,
House Bill No. 199 and House Resolution No. 99. Respectfully submitted, McELMURRA v, Chairman.
Mr. Lankford of the 15th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended.
House Bill No. 331. Respectfully submitted, LANKFORD, Chairman.
The following .me~sage was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The Bouse has passed by the requ1s1te constitutional majority the following bills of the House, to-wit:
By Mr. Stewart of Atkinson-
House Bill No. 823. A bill to be entitled an Act to repeal the Act creating a Commissioner of Roads and Revenues of Atkinson County, and for other purposes.
The following House bill was read the first time and referred to Committee:
By Messrs. Stewart of Atkinson and Rosser of WalkerHouse Bill No. 823. A bill to repeal an Act creating
Commissioner of Roads and Revenues for the County of Atkinson.
WEDNESDAY, AuGUST 14, 1929.
815
Referred to Committee on General Judiciary No. 1.
The following bills, favorably reported were read the second time:
By Mr. Williams of the 16th-
Senate Bill No. 264. A bill to amend Code so as to prohibit agents or officers of Corporations from testifying in certain instances.
By Mr. Platt of the 7th-
Senate Bill No. 265. A bill to amend Constitution as relates to manufacture of paper.
The following House Resolutions and bills, favorably reported, werE' read the second time:
By Messrs. Martin and Mooty of Troup--
House Resolution No. 79. A resolution for the relief of R. 0. Moore as surety on bond.
By Messrs. Crowe and Thomason of Worth-
House Resolution No. 85. A resolution for the relief
of C. P. Pearson, A. T. Simerly, W. E. Ivey and R. L.
Deariso as sureties on bond.
By Mr. Battle of Schley-
House Resolution No. 91. A resolution to relieve J.
W. Larkin and W. E. Wilson as sureties.
By Floyd Delegation-
House Resolution No. 102. A resolution for the relief of Mrs. W. H. Ridley.
By Mr. Collier of MadisonHouse Resolution No. 122. A resolution for the relief
of M. J. Davis.
816
JouRNAL oF THE SENATE,
By Messrs. Wind of Grady, Sloan of Hall and Rosser of Walker-
House Bill No. 31. A bill to amend an Ac.t revising the game and fish laws of Georgia.
By Mr. Freeman of Early and others-
House Bill No. 199. A bill to regulate the sale, inspection and distribution of commercial fertilizer.
By Messrs. Cone of Bulloch and Culpepper of FayetteHouse Bill No. 331. A bill to amend an Act levying tax
on cigars and cigarettes.
By Mr. McWhorter of OglethorpeHouse Bill No. 618. A bill to permit any judge of any
City Court to preside and Act in any City Court in this State.
By Messrs. Wood and Dubose of ClarkeHouse Bill No. 629. A bill to amend Code as relates
to Councilmen and Aldermen of Cities in certain Counties.
By Messrs. Huddleston and Mullins of MeriwetherHause Bill No. 722. A bill to amend Penal Code as
related to pay of jury commissioners in certain Counties.
By Messrs. Hancock and Lord of JacksonHouse Bill No. 759. A bill to amend the charter of the
City of Jefferson.
By Chatham Delegation-
House Bill No. 786. A bill to amend an Act creating the Municipal Court of Savannah.
WEDNESDAY, AUGUST 14, 1929.
817
By Mr. Walker of Pierce-
House Bill No. 800. A bill to amend an Act creating City Court of Blackshear.
Mr. Brewer of the 46th asked unanimous consent that Senate Bill No. 228 be taken from the table.
Mr. Kidd objected.
The following resolutions were read the third time and placed upon their passage:
By Mr. Dorsey of the 48thSenate Resolution No. 57. A resolution to relieve J.
Q. Wilson as surety on bond of one Albert Jackson.
The report of the Committee, which was favorable to passage of the resolution, was agreed to.
On the passage of the resolution the ayes were 29, nays 0. The resolution having received the requisite constitutional majority was passed.
By Mr. Dorsey of the 48thSenate Resolution No. 58. A resolution for the relief
of J. Q. Wilson as surety on bond of one Mack English. 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 29, nays 0.
The resolution having received the requisite constitutional majority was passed.
The following bills of the Senate and House were read the third time and placed upon their passage:
By Mr. Allen of the 41stSenate Bill No. 253. A bill to authorize School Com-
818
JOURNAL OF THE SENATE,
m1ss1oners of Blue Ridge to pay to Board of Trustees certain funds.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Allen asked unanimous consent that the bill be immediately transmitted to the House and the consent was gran ted.
By Mr. Dame of the 5th-
Senate Bill No. 256. A bill to fix the salary of the Judge of the County Court of Clinch County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Garrison asked unanimous consent that the bill be immediately transmitted to the House and the consent was gran ted.
By Mr. Whaley of the 35th-
Senate Bill No. 257. A bill to fix the compensation ot commissioners in certain counties.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional. majority was passed.
WEDNESDAY, AuausT 14, 1929.
819
By Mr. Williams of the 27th-
Senate Bill No. 258. A bill to permit seining in certafn <:ounties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Vandiviere of the 39th-
Senate Bill No. 267. A bill to amend the charter of the Town of Canton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Rabun of Jefferson-
House Bill No. 33. A bill to repeal an Act prohibiting fishing in certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Burgin of Marion-
House Bill No. 294. A bill to amend an Act permitting Treasurer of Marion County to pay premium on bond of Tax Commissioner.
820
JouRNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 297. A bill to amend the charter of the City of Augusta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Mills of ChathamHouse Bill No. 479. A bill to authorize Board of Educa-
tion of the City of Savannah and County of Chatham to administer funds appropriated for teachers' retirement.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Mills of Chatham-
House Bill No. 480. A bill to provide that the City of Savannah may change educational limitations.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
WEDNESDAY, AUGUST 14, 1929.
821
The bill having received the requisite constitutional majority was passed.
By Mr. Edmondson of Chattooga-
Hous~ Bill No. 495. A bill to repeal an Act inco.rporating
Menlo School District.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Richardson of Lee-
House Bill No. 546. A bill to amend an Act creating Board of Commissioners for Lee County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Osborne of Oconee--
House Bill No. 676. A bill to amend an Act creating a Board of Commissioners for Oconee County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Cromartie of Jeff Davis-
House Bill No. 679. A bill to repeal o>n Act creating the charter for the Town of Denton.
822
JouRNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Westbrook of Dougherty-
House Bill No. 707. A bill to amend the charter of the City of Albany.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Phillips of Telfair-
Hause Bill No. 720. A bill to amend an Act creating Board of Commissioners for Telfair County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hanie of White-
House Bill No. 755. A bill to create a Board of Commissioners for White County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
WEDNESDAY, AUGUST 14, 1929.
823
The bill having received the requisite constitutional majority was passed.
By Messrs. Gillen and Nottingham of Bibb-
House Bill No. 779. A bill to amend an Act creating Municipal Court for the City of Macon.
The report of the committee, which was favorable to the passage cf the bill, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majcrity was passed.
T~e following resolution was read and adopted:
By Messrs. Patten of Lanier, Stone of Union et al.
House Resolution Nc. 99. A resolution requesting the Georgia Congressional delegation to introduce an amendment to the Federal Farm Loan Act making naval stores and peach growing eligible to participate in relief measures of the Board.
Mr. Myrick of the 1st, vice chairman of the committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has established the following as the calendar of business for Wednesday, August 14th, 1929, to-wit:
House Bill No. 24. Prohibiting doing business under fictitious name.
Senate Bill No. 2. Platt Highway Bill.
Senate Bill No. 211. Equalization Highway Bill.
Senate Bill No. 186. To Provide for One Day's Rest in Seven.
824
JouRNAL OF THE SENATE,
Senate Bill No. 130. Fixing Salaries of Secretaries of the Supreme Court, etc.
Senate Bill No. 52. Land Title Act. Senate Bill No. 68. District School Bill.
The above calend<Jr to be discontinued at 10:15 o'clock, and then to be followed by the following:
House Bill No. 143. Statutory Income Tax with Sales Tax Substitute.
House Bill No. 17. Gasoline:- Six Cent Tax.
Senate Bill No. 131. Providing Salaries for Members General Assembly.
Senate Bill No. 124. Constitutional Classification Tax Bill.
Senate Bill No. 250. Change Name A. & M. School.
Senate Bill No. 50. Permit Fishing with Hook and Line.
Senate Bill 141. Securities Commission.
The following bill was read the third time and placed upon its passage:
By Mr. Weekes of DeKalb-
House Bill No. 24. A bill to make it unlawful for any person to carry on business under an assumed name without filing affidavit in office of Clerk of Superior Court.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.
WEDNESDAY, AucusT 14, 1929.
825
The following bill was taken up for consideration:
By Mr. Platt of the 7th-
Senate Bill No. 2. A bill to define and allocate the State Highway funds.
The hour of 10:15 having arrived, the bill under consideration went over as unfinished business, as set by the Rules Committee.
Mr. Mathews of the 23rd moved that the report of the rules committee be abrogated in so far as the same related to Senate Bill No. 2, so as to permit the further consideration of the bill.
On the motion Mr. Mathews called for the ayes and nays and the call was sustained.
After the Secretary had called the names of several Senators Mr. Mathews asked unanimous consent to withdraw his motion, and the consent was granted.
The following bill was read the third time and placed upon its passage.
By Mr. Boykin of Lincoln-
House Bill No. 143. A bill to provide for a tax on net tncomes.
Mr. Zellars called for the previous question and the call was sustained, and the main question was ordered.
Mr. Williams of the 27th asked unanimous consent that the Senate do now adjourn until 3:00 o'clock, P. M. today.
Mr. Zellars objected.
Mr. Pitner asked unanimous consent that he be allowed to introduce an amendment.
Mr. Zellars objected.
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JOURNAL OF THE SENATE,
Mr. Pitner moved that the Senate reconsider its action in ordering the main question and the motion was lost.
Mr. Vaughn moved to amend the bill as follows:
"Amend by inserting in line 2, of Section 1, after the word "State" the following; 'except insurance companies which pay to the State a tax upon premium income'; and also amend by inserting in line 1, of Section 2, after the word "any" the word "such".
The amendment was adopted.
The Committee on Finance offered the following substitute:
A BILL
To be entitled an Act to provide for the raising of public revenue by a tax upon the privilege of engaging in certain occupations and by a tax upon certain business and commercial transactions and enterprises; to provide for the ascertainment and assessment and collection of such tax; to provide for an appeal and an appellate board; to provide penalties for the violation of the terms thereof; to provide for deductions and exemptions under this Act, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: That, when used in this Act, the term " person, or the term " company,"here.m used'tnterchangeably, includes any individual, firm, co-partnership, joint adventure, association, corporatton, trust or any other group or combination acting as a unit, and the plural as well as the singular number, unless the intention to give a more limited meaning is disclosed by the context. The term "tax year" or "taxable year" means either the calendar year, or the taxpayers fiscal year when permission is obtained from the tax commission to use the same as the tax period in lieu of the calendar year. The term "sale" or
WEDNESDAY, AUGUST 14, 1929.
827
"sales" includes the exchange of properties as well as the sale thereof for money, every closed transaction constituting a sale. The word "taxpayer" means any person liable for any tax hereunder. The term "gross receipts" means the value proceeding or accruing from the sale of tangible property (real or personal), or service, or both, and all receipts, actual or accrued, by reason of the investment of the capital of the business engaged in, including interest, discount, rentals, royalties, fees or other emoluments however designated and without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest or discount paid, or any other expense whatsoever; and without any deductions on account of losses. The term "business" as used in this Act shall include all activities engaged in or caused to be engaged in with the object of gain, benefit or advantage either direct or indirect, and not excepting sub-activities, producing marketable commodities used or consumed in the main business activities, each of which sub-activities shall be considered business engaged in, taxable in the clafs in which it falls. The term "gross proceeds of sales" means the value proceeding or accruing from the sale of tangible property without any deduction on account of the cost of property sold, expense of any kind, or losses.
Sec. 2. Be it further enacted, That from and after the first day of October, one thousand nine hundred twenty nine, there is hereby levied and shall be collected annual privileges taxes against the persons, on account of the business activities, and in the amounts to be determined by the application of rates against values and ;or gross receipts, as the case may be, as follows:
Sec. 3. Be it further enacted, That upon every person engaging or continuing within this state in the business of manufacturing, compounding or preparing for sale, profit or use, any article, substance or substances, commodity or commodities, the amount of such tax to be equal to the value of the articles manufactured, compounded or pre-
828
JouRNAL oF THE SENATE,
pared for sale, as shown by the gross proceeds derived from the sale thereof by the manufacturer or person compounding or preparing the same (except as hereinafter provided), a tax of one-half of one mill on the dollar thereof. The measure of this tax is the value of the entire product manufactured, compounded or prepared for sale, profit or use in this state, regardless of the place of sale or the fact that deliveries may be made to points outside the state.
If any person liable for any tax under Section 3 shall ship or transport his products or any part thereof out of the State without making sale of such products, the value of the products or articles in the condition or form in which they existed when transported out of the State shall be the basis for the assessment of the tax imposed in said paragraphs; and the tax commission shall prescribe equitable and uniform rules for ascertaining such values.
In determining value, however, as regards sales from one to another of affiliated companies or persons, or under other circumstances where the relation between buyer and seller is such that the gross receipts from the sale are not indicative of the true value of the subject matter of the sale, the tax commission shall prescribe uniform and equitable rules for determining the value upon which such privilege tax shall be levied, corresponding as near as possible to the gross proceeds from the sale of similar products of like quality or character by the other taxpayers where no common interest exists between the buyer and the seller, but otherwise under similar circumstances and conditions.
Sec. 4. Be it further enacted, That upon every person engaging or contin'uing within this state in the business of selling any tangible property whatsoever, real or personal, there is likewise hereby levied, and shall be collected, a tax equivalent to two mills on the dollar of the gross re.ceipts of the business; provided, however, that in the case of a wholesaler, jobber or broker, the tax shall be equal to one mill on the dollar of the gross receipts of the business.
WEDNESDAY, AUGUST 14, 1929.
829
The classification of wholesaler or jobber shall be used by any person doing a regularly organized jobbing business, known to the trade as such, and having regularly in his exclusive employment one or more traveling salesmen, and who does not sell direct to the consumer or final user.
There shall be excepted from such gross receipts of any person or company all gross receipts taxed under Section 3 of this Act.
There shall be excepted from such gross receipts of any such persons or companies all gross receipts derived from the sale of fertilizer, fertilizer materials or calcium arsenate.
Sec. 5. Be it further enacted: That upon every person engaging or continuing within this State in the following businesses there shall be levied and collected on account of each of the businesses engaged in, taxes at the rate of three mills on the dollar upon the gross receipts of said business, tO-wit: Steam railroads, street railroads, electric light and power companies, telephone companies, telegraph companies, express companies, natural and artificial gas compames.
Sec. 6. Be it further enacted, That upon every person engaging or continuing within this state in the business of operating a theater, opera house, moving picture show, vaudeville show, race track, or baseball park, the tax shall be two mills on the dollar upon the gross receipts of any such business.
Sec. 7. Be it further enacted, That upon every person engaged or continuing within this state in any and every business not included in the preceding sections there is levied and shall be collected a tax equal to two mills on the dollar of the gross receipts of any such business.
There shall be excepted from the receipts of all persons and;or companies taxed under this Act any amount that may be derived from the business or income of any such person or companies as the State of Georgia is pro-
830
JOURNAL OF THE SENATE,
hibited from taxing under the Constitution of the United States of America.
Sec. 8. Be it further enacted, That in computing the amount of tax levied under the provisions of this Act for any year there shall be deducted from the vabes or from the gross receipts of the business, as the case rnay be, an exemption of thirty thousand ($30,000) dollars of the amount of such values or gross receipts. Every person exercising any privilege taxable hereunder for any fractional part of a tax year shall be entitled to an exemption of that part of the sum of thirty thousand ($30,000) dollars which bears the same proportion ofthe total sum that the period of time during which such person is engaged in such business bears to a whole year.
Sec. 9. Be it further enacted, That if any person after the first day of October, one thousand nine hundred and twenty nine, shall engage or continue in any business for which a privilege tax is imposed by this Act, he shall be deemed to have applied for and to have duly obtained from the State of Georgia a license to engage in and to conduct such business for the current tax year, upon the condition that he shall pay the tax accruing to the State of Georgia under the provisions of this Act; and he shall hereby be duly licensed to do such business.
Sec. 10. Be it further enacted, That there are, however, exempted from this Act: (a) insurance companies which pay to the State of Georgia a tax upon premiums, banks organized under the laws of this or any other state or of the United States, dealers in stocks and bonds or the discounting, buying and selling of notes or other evidences of indebtedness: (b) mutual savings banks not having a capital stock represented by shares and which are operated exclusively for the benefit of depositors; and mutual fire insurance companies not having a capital stock represented by shares, which are operated exclusively for the benefit of their policy holders; (c) labor, agricultural and horticultural societies, aPd products of farm, including livestock, grove
WEDNESDAY, AuGUST 14, 1929.
831
<>r garden when sold directly by the producer or his authorized agent and so long as said farm products are handled and;or sold in their original packages, and;or in original state or condition of or preparation for sale; cemetery companies which are organized and operated exclusively for the benefit of their members; fraternal benefit societies, orders or associations operating under the lodge system and providing for the payment of death, sick, accident or other benefits to memhers of such societies, orders or associations and to their dependents; mutual building and loan association operated exclusively for the benefit of their members; corporations, associations or societies organized and operated exclusively for religious, charitable, scientific or educational purposes; business leagues, cham... hers of commerce, boards of trade, civic leagues, and organizations operated exclusively for the benefit of the community and for the promotion of social welfare, none of which companies, organizations, corporations or societies are organized for profit and no part of the income of which insures to the benefit of any private stockholder or individual.
Sec. 11. Be it further enacted, That the tax on retail sales of gasoline shall not be included in nor affected by this Act, but the same shall remain under and be controlled by the Act of the General Assembly approved August 24th, 1927, and amendatory acts thereto.
Sec. 12. Be it further enacted, That the taxes hereby levied shall be payable in quarterly installments, that is to say, all taxes accruing in any quarter shall be payable within thirty (30) days after the expiration of such quarter. The Taxpayer shall, within said period of thirty (30) day8, prepare and mail or otherwise deliver to the State Tax Commission a tax return under oath, together with a remittance for the amount of the taxes due as shown by said return. Said return shall be made upon a form to be prescribed by the State Tax Commission and furnished on application to the taxpayer. All remittance in payment of taxes hereby levied shall be made in cash, or by certified or
832
JouRNAL OF THE SENATE,
cashier's check, postal money order or certificates of deposit. Upon receipt of such return and remittance the State Tax Commission shall issue to the taxpayer a receipt for such payment; but the acceptance of such return or remittance, or the issuance of such receipt by the State Tax Commission shall not prevent a re-examination of such return or remittance or a reassessment of the tax as herein provided. All monies received by the State Tax Commission hereunder shall be paid into the State Treasury, and shall be kept, accounted for and di~posed of as provided by law. Said tax return, if made by an individual shall be verified by the oath of the taxpayer; or, if this be for any reason impracticable, then by the oath of a duly authorized agent having knowledge of the facts; if said return be made by a corporation or other associations, it shall be verified by the oath of any authorized agent having knowledge of the facts. The State Tax Commission may, for good cause shown, extend the time for the making of any such return or remittance; but in no case shall such extension be for a period exceeding ninety (90) days; and in every case where such an extension is granted, six percen tum (6%) per annum interest shall be collected upon the amount of such tax. Provided that when the total annual gross receipts of any person liable under this Act do not exceed twenty-five thousand ($25,000.00) dollars, returns may be payable at the end of the month next following the close of the year, and annual returns and payments made monthly instead of quarterly.
Sec. 13. Be it further enacted, That if the taxpayer shall make any error in computing the tax asses~able against him the State Tax Commission shall correct :mch error or reassess the proper amount of taxes, and notify the taxpayer of his action by mailing to him promptly a copy of the corrected assessment, and any additional tax for which such taxpayer may be liable shall be paid within ten days after the receipt of such statement.
Sec. 14. Be it further enacted, That when the State
WEDNESDAY, AucusT 14, 1929.
833
Tax Commission shall have any reason to believe that any return or report made under this Act is untrue or inaccurate, it shall have the authority personally or through designated agents to examine the records of any person and to require of such person, his officers, agents, or employees answers under oath, at an examination conducted by any member of the State Tax Commission or its designated agent.
Sec. 15. Be it further enacted, That if any person fail or refuse to make a return, the State Tax Commission shall proceed, in such manner as may seem best, to obtain facts and information on which to base the assessment of the tax herein prescribed; and to this end he may by himself or his duly appointed agent, make examination of the books, records and papers of any such person, and may take evidence, on oath, of any person who he may believe shall be in possession of facts or information pertinent to the subject of inquiry, which oath he or the agent so appointed by him may administer. As soon as possible after procuring such information as he may be able to obtain with respect to any person failing or refusing to make a return, the State Tax Commission shall proceed to assess the tax against such person, and shall notify him of the amount thereof, and his act shall be final as to any person who refused to make a return.
Sec. 16. Be it further enacted, That the tax imposed by this Act shall be a lien upon the property of any person subject to the provisions hereof who shall sell out his business or stock of goods, or shall quit business, and such person shall be required to make the return provided for under this Act within thirty days after the date he sold out his business or stock of goods, or quit business, and his successor in business shall be required to withhold sufficient of the purchase money to cover the amount of said taxes due and unpaid until such time as the former owner shall produce a receipt from the Tax Commission showing that the taxes have been paid. If the purchaser of the business
834
JouRNAL OF THE SENATE,
or stock of goods shall fail to withhold purchase money as above provided and the taxes shall be due and unpaid after the thirty day period allowed, he shall be personally liable for the payment of the taxes accrued and unpaid on account of the operation of the business by the former owner.
Sec. 17. Be it further enacted, That there shall be, and there is hereby created a State Tax Board, which shall be composed of the Secretary of State, the Attorney General, and the State Auditor of the State of Georgia. Such Board shall have the powers and duties prescribed by this Act. If any person having made the return and paid the tax as provided by this Act shall feel aggrieved by any assessment or re-assessment made against him by the State Tax Commission, he may apply by petition to the State Tax Board, at any time within thirty (30) days after the notice is mailed to him by the State Tax Commission as aforesaid, for a hearing upon and a correction of the amount of said tax so assessed or re-assessed against him by the State Tax Commission. Said petition shall be in writing, and the same shall be filed in triplicate, and the same shall set forth and show in short and simple form the facts upon the basis of which it is claimed the hearing and reduction should be granted. The State Tax Board shall promptly consider said petition and grant or deny such hearing. If the petition be denied, the petitioner shall be forthwith notified of the fact. If the petition shall be granted, the petitioner shall be notified of the time and place of such hearing. After such hearing, the State Tax Board shall make such order in the premises as may appear to it to be just and lawful, and shall furnish a copy of such order to the petitioner. In the event of a reduction of the tax, the excess paid shall be refunded to the petitioner by the State Tax Commission.
Any Taxpayer who shall be dissatisfied with any order of the State Tax Board may, within thirty (30) days after the rendition of such order, file his bill of complaint in the Superior Court of the County in which the tax accrued,
WEDNESDAY, AUGUST 14, 1929.
835
setting forth his grounds of complaint, and such Superior Court shall hear and determine such matter as causes in chancery are heard and determined. Appeal shall lie to the Supreme Court, as in other causes. Any person improperly charged with any tax and required to pay the same may recover the amount paid, together with interest at the rate of 6% per annum, in any proper action or suit against the State Tax Commission and the Superior Court of the County in which the tax accrued shall have original jurisdiction of any action to recover any tax improperly collected. It shall not be necessary for the taxpayer to protest against the payment of the tax or to make any demand to have the same refunded in order to maintain such suit. In any suit to recover taxes or to collect taxes the court shall adjudge costs to such extent and in such manner as may be deemed equitable.
Ko injunction shall be awarded by any court or judge to restrain the collection of any tax imposed by this Act, or any part thereof due from any person, except upon the ground that the assessment thereof was in violation of the Constitution of the United States, or of this State; or that the same was fraudulently assessed; or that there was an error made in the amount of the tax assessed against such perwn. In the latter case, no injunction shall be granted unless application shall have been first made to the State Tax Board has herein provided for a correction of the alleged error, and unless said State Tax Board shall have refused to correct the same, which facts shall appear from the allegation of the bill of complaint; and no injunction shall be granted to restrain the collection of any tax levied hereunder unless and until the complainant shall give bond as required by law in other suits for injunction on which a bond is required, which bond shall be conditioned for the prompt and full payment of all taxes that may be determined to be due from the complainant by the decree which shall be entered in said cause, and in the event the amount of said assessment as fixed by said decree shall be in excess of the true amount as claimed by the complainant,
836
JOURNAL OF THE SENATE,
then also for the prompt and full payment of all penalties that may have accrued and the cost of said suit.
Sec. 18. Be it further enacted, That a tax due and unpaid under this Act shall constitute a debt due the State and may be collected by action in debt or assumpsit or other appropriate judicial proceeding, which remedy shall be in addition to all other existing remedies; and it shall constitute a lien upon all the property of the taxpayer and the same shall be collected together with an additional five per cent. of the amount of the tax and the costs of collection, if paid within thirty days after the date it was due, and an additional two per cent. of the amount of the tax for each succeeding thirty days elapsing before the tax shall have been paid; provided, however, that the additional two per cent. penalty shall not be applied until a ten-day notice of delinquency ~hall have been sent to the taxpayer.
Sec. 19. Be it further enacted, That the assessments of taxes herein made and the returns required therefor shall be for the year ending on the thirty-first day of December; provided, however, that if the taxpayer in transacting his business, keeps the books reflecting the same on a basis other than the calendar year, he may, with the assent of the tax commission, make his annual returns and pay taxes for the year covering his accounting period, as shown by the method of keeping the books of his business.
Sec. 20. Be it further enacted, That the tax imposed by this act shall be in addition to all other licenses and taxes levied by law as a condition precedent to engaging in any business taxable hereunder except as in this Act otherwise specifically provided.
All remittance of taxes imposed by this Act shall be made to the State Tax Commission by bank draft, certified check, cashier's check, or certificate of deposit, who shall issue receipts therefor to the taxpayer and shall pay the money into the State Treasury to be kept and accounted for as provided by law.
WEDNESDAY, AuousT 14, 1929.
837
Sec. 21. Be it further enacted, That the Secretary of State shall withhold the issuance of any certificate of dissolution or withdrawal in the case of any corporation organized under the laws of this State or organized under the laws of another State and admitted to do business in this State until the receipt of a notice from the State Tax Commission to the effect that the tax levied under this Act against any such corporation has been paid or provided for if any such corporation is a taxpayer under the law, or until he shall be notified by the tax commission that the applicant is not subject to pay a tax hereunder.
Sec. 22. Be it further enacted, That it shall be unlawful for any person to refuse to make this return provided to be made in this Act; or to make any false or fraudulent return or false statement in any return with intent to defraud the State or to evade the payment of the tax, or any part thereof; imposed by this Act; or for any person to aid or abet another in any attempt to evade the payment of the tax or any part thereof, imposed by this Act; or for the President, Vice-President, Secretary or Treasurer of any company to make or permit to be made for any company or association any false return, or any false statement in any return required in this Act, with the intent to evade the payment of any tax hereunder. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and on conviction thereof shall be fined not more than one thousand dollars or imprisonment not exceeding one year in the county jail, or punishment by both fine and imprisonment at the discretion of the court, within the limitations aforesaid. In addition to the foregoing penalties, any person who shall knowingly swear to or verify any false or fraudulent return, or any return containing any false or fraudulent statement, with the intent aforesaid, shall be guilty of the offense of false swearing, and on conviction thereof, shall be punished in the manner provided by law. Any company for which a false return, or a return containing a false statement as aforesaid shall be made, shall be guilty of a misdemeanor
838
JouRNAL oF THE SENATE,
and may be punished by a fine of not more than one thousand dollars. The criminal courts of the county in which the offender resides, or if a company, in which it carries on business, shall have concurrent jurisdiction to enforce this section.
Sec. 23. The administration of this Act is vested in and sh<t.ll be exercised by the State Tax Commission, who shall prescribe the forms and reasonable rules of procedure in conformity with this Act for making of returns and for the ascertainment, assessment and collection of the taxes imposed hereunder; and the enforcement of any of the provisions of this Act in any of the courts of the State shall be under the exclusive jurisdiction of the Tax Commission, who may require the assistance of and act through the prosecuting attorney of any county, and may employ special counsel in any county to aid the prosecuting attorney, but the prosecuting attorney of any county shall receive no fees or compensation for services rendered in enforcing this Act in addition to the salary paid by the county to such officer.
Sec. 24. Be it further enacted, That the State Tax Commission is authorized to expend from the funds collected hereunder such sums as may be necessary in its judgment to effectively carry out the provisions of this Act.
Sec. 25. Be it further enacted, That if any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Sec. 26. Be it further enacted, That this Act shall continue in force until the 31st day of December, one thousand nine hundred and thirty one, and shall expire
WEDNESDAY, AUGUST 14, 1929.
839
upon said date; provided that no person or company shall be relieved from the taxes accruing under this Act for the tax year or the taxable year one thousand nine hundred and thirty one, or any part thereof.
Sec. 27. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Mr. Hyman of the 20th moved to amend the substitute as follows:
"Amend by striking from Section 8, of said substitute the words and figures Twelve Thousand wherever they appear in said Section and inserting in lieu thereof the words and figures "$30,000.00."
The amendment was adopted.
Messrs. Brewer and Redwine moved to amend the substitute as follows:
"Amend by substituting for Section 19, of the Substitute the following:
"That the assessment of taxes herein made and the returns required therefor shall be for that part of the year ending on the 31st day of December 1929; and thereafter the said assessments of taxes therein and the returns required therefor shall be made quarterly, beginning April 1st, 1930, and ending as in this Act provided."
The amendment was adopted.
Mr. Tyson moved to amend the substitute as follows:
"Amend by adding to Section 5 the words "Hotel Company. "
The ameridment was adopted.
On the adoption of the substitute as amended Mr. Smith of the 25th called for the ayes and nays, and the call was sustained.
840
JouRNAL OF THE SENATE,
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Alston, G. C. Atkinson, B. A. Bird, A. J. Brewer, J. C. Goode, Geo. L. Harris, B. F.
King, E. R. Lankford, Geo. W. Lawson, H. F. Mathews, Sam M. Myrick, Shelby Rawls, H. G. Redwine, Chas. D.
Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M.
Those voting in the negative were Messrs.:
Adams, Geo. W. Barrett, J. B. R. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Ham,T.C.
Hyman, J. E. Kidd, W. J. Lane, W. T. Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Mickle, C. M. Nichols, A. J. Paulk, R. Peek, Chas. W.
Peebles, Leon L. Pickering, V. C. Pitner, J. M. Platt, Wm. H. Sibley, J. Hart Smith, Jno. A. Williams, Felix C. Wright, Seaborn Zellars, B. B.
Ayes 20, Nays 29.
Mr. Rawls asked unanimous consent to dispense with the verification of the roll call, and Mr. Kidd objected.
On the adoption of the substitute the ayes were 20, the nays 28, and the substitute, as amended, was therefore lost.
The report of the committee, which was favorable to the passage of the bills was agreed to.
On the passage of the bill Mr. Ford called for the ayes and nays and the call was sustained.
Mr. Vaughn asked unanimous consent that the rule permitting Senators to have five minutes in which to explain their vote be suspended on this roll call, and the consent was granted.
Mr. Pitner asked unanimous consent to introduce an amendment at this time, and Mr. Zellars objected.
wEDNESDAY, AucusT 14, 1929.
841
On the call of the roll the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Barrett, J. B. R. Brewer, J. C. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L.
Ham, T. C. Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Mickle, C. M. Nichols, A. J. Paulk, R.
Peebles, Leon L. Pickering, V. C. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Vaughn, C. R. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Alston, G. C. Bird, A. J. Harris, B. F. Mathews, Sam M.
Myrick, Shelby Peek, Chas. W. Redwine, Chas. D.
Tyson, Wm. S. Vandiviere, H. G. Whaley, W. V.
By unanimous consent the verification of the roll call was dispensed with.
On the passage of the bill the ayes were 39, the nays 10.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Zellars moved that the Senate do now adjourn until 3:30 o'clock, and the motion prevailed.
The President declared the Senate adjourned until 3:30 o'clock, P.M. today.
842
JOURNAL OF THE SENATE;
SENATE CHAMBER, ATLANTA, GEORGIA.,
AFTERNOON SESSION:
The Senate met pursuant to adjournment at 3:30 o'clock, P. M., this day and was called to order by the President.
The following bills were introduced, read the first time and referred to committees:
By Mr. Platt of the 7th-
Senate Bill No. 276. A bill to amend an Act reincorporating the Town of Thomasville.
Referred to Committee on Municipal Government.
By Mr. Platt of the 7th-
Senate Bill No. 277. A bill to amend an Act abolishing the fee system in Southern Judicial Circuit.
Referred to Committee on Special Judiciary.
Mr. Goode of the 32th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendations as follows:
That House Bill No. 651 do pass. That House Bills Nos. 652, 767 and 768 do not pass. Also House Bill No. 235 do not pass.
Respectfully submitted, GooDE, Chairman.
WEDNESDAY, AUGUST 14, 1929.
843
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bills Nos. 700-788-735-736-685-772-738.
Respectfully submitted,
DoRSEY, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under r.:onsideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bills Nos. 742-787-789-797 and 798.
Senate Bill No. 273.
Respectfully submitted,
DAVIS, Chairman.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
844
JOURNAL OF THE SENATE,
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and Senate and has instructed, me as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bills Nos. 269-270-271-272. House Bills Nos. 781-807-771-721-758.
Respectfully submitted,
GooDE, Chairman.
Mr. Davis, Vice-Chairman of the Committee on Publir Libraries, submitted the following report:
Mr. President:
Your Committee on Public Libraries has had under consideration the following resolutions of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 103. Respectfully submitted, DAVIS, Vice-chairman.
l\Ir. Lamar of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Yct r Committee on Corporations has h<ld under consid eration the following House Bill X c. 780 and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Respectfully submitted. LANE, Chairman.
WEDNESDAY, AuousT 14, 1929.
845
The following bills, favorably reported, were read the second time:
By Mr. McElmurray of the 17th-
Senate Bill No. 269. A bill to amend an Act to create a Board of Commissioners for Burke County.
By l\'lr. Lankford of the 15th-
Senate Bill No. 270. A bill to create a Board of Com. missioners for Toombs County.
By Mr. Lankford of the 15th-
Senate Bill ~o. 271. A bill to repeal an Act creating a Board of Commissioners for Toombs County.
By Mr. Lankford of the 15th-
Senate Bill No. 272. A bill to repeal an Act to provide for the working of the public roads in the County of Toombs.
By Mr. Felker of Walton-
House Resolution No. 103. A resolution to furnish certain Court reports to \Val ton County.
By Mr. Barker of Heard-
House Bill No. 651. A bill to consolidate offices of Tax Receiver and Tax Collector of Heard County, to be known as Tax Commissioner.
By Miss Kempton and l\Ir. Brown of Fulton-
House Bill No. 685. A bill to amend an Act Incorporating the City of College Park.
846
JOURNAL OF THE SENATE,
By Mr. Tippins of Evans-
House Bill No. 700. A bill to amend the charter of the City of Claxton.
By Fulton Delegation-
House Bill No. 721. A bill to permit certain counties to pass zoning laws.
By Mr. Mundy of Claytcn-
Eouse BiJ No. 735. A bill to amend an Act Incorporating the Town of Lovejoy.
By Mr. Mundy of Clayton-
House Bill No. 736. :\ bill to amend the charter of the Town of Forest Park.
By Chatham DelegationHouse Bill No. 738. A bill to amend the charter of the
City of Savannah.
By l\Ir. Blalock of RabunHouse Bill No. 742. A bill to amend an Act providing
for holding three terms a year of Rabun Superior Court.
By Messrs. Weekes and Ramspeck of DeKalb-
House Bill No. 758. A bill to amend an Act establishing a new charter for the City of Atlanta.
By Fulton DelegationHouse Bill No. 771. A bill to amend an Act mcor-
rating the City of Hapeville.
By Fulton DelegationHouse Bill No. 772. A bill to amend the charter of the
City of Atlanta.
WEDNESDAY, AucusTI14, 1929.
847
By Mr. Phillips of Tift-
House Bill No. 780. Aibill to~ amend an Act repealing the charter of the City of Tifton.
By Mr. Kirby of Forsyth-
House Bill No. 781. A bill to create office of Tax Commissioner in Forsyth County.
By M1. Lee of Bacon-
House Bill No. 787. A_ bill to abolish County Court of Baeon County.
By Mr. Lee of Bacon-
House Bill No. 788. A bill to~ exclude certain terntcry from Alma High School District.
By Mr. Lee of Bacon-
House Bill No. 789. A bill tc establish County Criminal Court of Bacon County.
By Mr. Allen cf Baldwin-
House Bill No. 797. A bill to"'extend term' of solicitor
of County Court of Baldwin. ~
..
By Mr. Adkins of Calhoun-
House Bill No. 798. A:bill to amend an:Act creating City Court of Morgan.
By Mr. Blalock of Rabun-
House Bill No. 807. A~ hill to amend the charter of the Town of Mountain City.
By unanimous consent the following bill was withdrawn from the committee on Finance, read the second time and recommitted:
848
JouRNAL oF THE SENATE,
By Mr. Wind of Grady and others-
House Bill No. 129. A bill known as the General Tax Act.
The following bill was read the third time and taken up for consideration.
By Mr. Garrison of the 33rd-
Senate Bill No. 186. A bill providing for one day's rest m seven.
Mr. Myrick of the 1st moved that the bill and all amendments be tabled, and the motion prevailed.
The. fcllowing bill was read the third time and placed upon Its passage:
By Mr. Colson of GlynnHouse Bill Number 275.
A BILL.
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Section 1, of Article 11, of the Constitution of said State, by adding thereto an additional Paragraph Numbered 6, which shall authorize the county authorities of Glynn County to establish and administer within the bounds of their said county districts for special sanitation, fire prevention, police protection, or building and improving roads; to levy and collect taxes upon the taxable property in said district to carry out the purposes of their establishment; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section one (1) of Article eleven (11) of the Constitution cf Georgia be amended by adding thereto the following Paragraph, to-wit: "Paragraph 6. The
WEDNESDAY, AUGUST 14, 1929.
849
county authorities of Glynn County shall have authority to establish and administer within the bounds of their said county districts for special sanitation, fire prevention, police protection, or building and improving roads; and shall have authority to levy and collect taxes upon the taxable property in said respective districts to carry out the purposes for which such districts are established.
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the "ayes" and "nays" thereon, and publi:ohed in one or more newspapers in each congressional di3trict of this State for two months prior to the time for holding the next general election and shall at the next generl e~ection be submitted to the people for ratification. All persons voting at said general 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 Section 1, of Article 11, of the Constitution of Georgia by adding Paragraph 6, and authorizing the county authorities of Glynn County to establish and administer within the bounds of their said county districts for special sanitation, fire prevention, police protection, or building and improving roads;" and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Section 1, or Article 11, of the Constitution of Georgia by adding Paragraph 6, and authorizing the county authorities of Glynn County tc establish and administer within the bounds of their said county districts for special sanitation, fire prevention, police protection or building and improving roads." And if a majority of said electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the result shall be consolidated as now required by law in elections
850
JOURNAL OF THE SENATE,
for members of the GE>neral Assf'mbly, then said amendmf'nt shall become a part of Section 1, of Article 11, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
Mr. Tyson of the 2nd moved to amend the bill as follows:
First. By adding after the words, "Glynn County" in the caption thereof, the words, "and of the County of Mcintosh;" and to add after the words, "building and improving roads" the following words, "and to carry out the purposes of such establishment;" and to add to said caption the following words, " to issue bonds of such district upon a vote of the qualified voters of such districts and under the rules of law governing the issuance of county bonds, and to levy taxes against and collect service charges from the property abutting upon or served by the utilities established or provided pursuant thereto;" so that said caption, when so amended, shall read as follows:
A BILL.
To be entitled an Act to propose to the qualified voters of the State of Georgia an amendment to Section 1 of Article 11 of the Constitution of this State, by adding thereto an additional paragraph, numbered 6, which shall authorize the governing authorities of the County of Glynn and of the County of Mcintosh to establish and administer within the bounds of their respective counties districts for special sanitation, fire prevention, police protection or building and improving roads, and, to carry out the purposes of such establishment, to levy taxes upon the taxable property in said respective districts, to issue bonds of such districts upon a vote of the qualified voters of such districts and under the rules of law governing the issuance of county bonds, and to levy taxes against and collect service charges from the
\i\'EDNESDAY, AuGUST 14, 1929.
851
property abutting upon or served by the utilities established or provided pursuant hereto."
Second. By striking Section 1 of said Act, and substituting in lieu thereof the following:
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 One (1) of Article Eleven (11) of the Constitution of Georgia be amended by adding thereto the following paragraph, to-wit:
"Paragraph 6. The governing authorities of the County of Glynn and of the County of Mcintosh shall have authority to establish and administer within t.b.e tounds of their respective counties districts for special sanitation, fire prevention, police protection, or building and improving roads, and, to carry out the purposes of such establishment, they shall have authority to levy taxes upon the taxable property in said respective districts, to issue bonds of such districts upon a vote of the qualified voters of such districts and under the rules of law governing the issuance of county bonds, and to levy assessments against and collect service charges from the property abutting upon or served by the utiliries established or provided pursuant hereto. Provided, that districts in Mcintosh County may issue bonds not exceeding 14% of the value of the taxable property therein."
Third. By striking Section 2 of said Act, and substituting in lieu thereof the following:
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be be entered upon the Journal of each House, with the "ayes" and "nayes" thereon, and published in one or more newspapers in each congressional district of this State for two months prior to the time for holding the next general election, and shall at the next general election be submitted
852
JOURNAL OF THE SENATE,
to the people for ratification. All persons voting at said general election in favor of adopting the said proposed amendment to the Constitution rhall have written or printed on their ballots the words: "For ratification of amendment to Section 1 of Article 11 of the Constitution of Georgia by adding paragraph 6 and authorizing the governing authorities of the Counties of Glynn and McIntosh to establish and administer within the bounds of their respective counties districts for special sanitation, fire prevention, police protection or building and improving roads, and for this purpose to levy taxes upon the taxable property of said respective districts, to issue bonds of such districts upon a vote of the qualified voters of such districts and under the rules of law governing the issuance of county bonds, and to levy assessments against and collect service charges from the property abutting upon or served by the utilities established or provided pursuant thereto;" and all persons opposed to the adoption of said proposed amendment shall have written or printed upon their ballots the words: "Against ratification of am~nd ment to Section 1 of Article 11 of the Constitution of Georgia by adding paragraph 6 and authorizing the governing authorities of the Counties of Glynn and l\1clntosh to establish and administer within the bounds of their respective counties districts for special sanitation, fire prevention, police protection, or building and improving roads, and for this purpose to levy taxes upon the taxable property of said respective districts, to issue bonds of such districts upon a vote of the qualified voters of such districts and under the rules of law governing the issuance of county bonds, and to levy assessments against and collect service charges from the property. abutting upon or served by the utilities established or provided pursuant thereto." And if a majority of said electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said
WEDNESDAY, AucusT 14, 1929.
853
amendment shall become a part of Section 1 of Article 11 of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
The bill proposing a constitutional amendment, the rol call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Bird, A. J. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham, T. C. King, E. R.
Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Peek, Chas. W. Peebles, Leon L. Pickering, V. C. Pitner, J. M.
Those voting in the negative were.:
Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
Vaughn, C. R.
On the passage of the bill the ayes were 41, the nays 1.
The bill having received the requisite two thirds constitutional majority was passed as amended.
The following resolution was taken up for the purpost> of concurring in the House amendment to the same:
By :Mr. Tyson of the 2nd-
Senate Resolution Ko. 13. A resolution memorializing Congress to create a waterways and Flood Commission, and for other purposes.
854
JOURNAL OF THE SENATE,
The House amended the resolution as follows:
"By striking out the word "exclusive" where it occurs in the lOth preamble of the resolution, before the word "Jurisdiction" and substitute the words "an important jurisdiction for purposes of commerce."
Mr. Tyson moved that the Senate concur in the House amendment, and the motion prevailed.
The following bill was read the third time and taken up for consideration.
By Messrs. Mocre and Parker of Colquitt-
House Bill No. 17. :\ bill to increase the gas tax.
Mr. Rawls asked unanimous consent to limit debate on the bill to fifteen minutes to the side prior to the ordering of the main question.
Mr. Myrick objected.
Mr. Terrell moved that the Senate do now adjourn and the motion was lost.
After Senatcr Lawson adressed the Senate Mr. Hyman called for the previous question.
Mr. Williams of the 27th moved that the Senate do now adjourn and the motion was lost.
Mr. Rawls asked unanimous consent to dispense with the time allotted the Committee after the main question is ordered.
Mr. Kidd objected. The call for the previous question on the bill and all amendments was sustained. Mr. Zellars moved that the Senate do now adjourn and the motion prevailed. The President declared the Senate adjourned until tomorrow morning at 9:00 o'clock.
THURSDAY, AUGUST 15, 1929.
855
SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, AuGUST 15, 1929.
The Senate met pursuant to adjournment at 9:00 o'clock A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Pitner asked unanimous consent that Senate Bill No. 139 be taken from the table, and the consent was granted.
Mr. Dorsey asked unanimous consent that Senate Bill No. 228 be taken from the table and the consent was granted.
The following privileged resolution was adopted:
By Mr. Mathews of the 23rd-
A resolution extending the privileges of the floor to Miss Lois Collins of the County of Washington during her stay in the city.
The following privileged resolution was adopted:
By Mr. Tyson of the 2nd-
A resolution extending the privileges of the floor to Hon. Wm. Sapp of Whitfield County during his stay in the city.
The following bills were introduced, read the first time and referred to Committees:
856
JouRNAL OF THE SENATE,
By Mr. Lawson of the 14th-
Senate Bill Nc. 278. A bill amending an Act establishing a College of Agricultural and Mechanical Arts as a branch of the University of Georgia.
Referred to Committee on University of Georgia.
By Mr. Williams of the 27th-
Senate Bill No. 279. A bill to amend the Constitution so as to permit counties and municipalities to extend public funds and if necessary le'vy taxes to raise public funds to advertise and develop the resources of said counties.
Referred to Committee on Counties and County Matters.
Mr. Hyman of the 20th District, Chairman of the Committee ~a General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary N ::>. 1 has had under consideration the following bills of the Senate and House and has instructed me, as chairman, to report the same back to the Senate with the following recommendation that:
Senate Bill No. 230 do pass. Senate Bill No. 214 do pass. Senate Bill No. 118 do pass. House Bill No. 823 do pass. Senate Bill No. 187 do not pass. Senate Bill No. 201 do not pass. Senate Bill No. 91 do not pass. Senate Bill No. 88 do not pass.
Respectfully submitted,
HYMAN, Chairman.
THuRsDAY, AucusT 15, 1929.
857
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 277.
Respectfully submitted,
DoRSEY, Chairman.
Mr. williams of the 16th District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass by substitute as amended.
Senate Bill No. 22.
Respectfully submitted,
WILLIAMS, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bill of the Senate and has
858
JOURNAL OF THE SENATE,
instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 276. Respectfully submitted,
DAvis, Chairman.
Mr. Bird of the 49th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President:
Your Committee on Banks and Banking has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 730 do pass.
House Bill No. 316 do pass. Respectfully submitted,
BIRo, Chairman.
COMMITTEE REPORT.
Mr. President:
We, the members of the committee of the Georgia School for the Deaf, who have recently visited that institution, beg leave to report as follows:
We found all the buildings and grounds in such c.on.iition as to indicate a management that is entirely satisfactory. The waterworks system, the dairy, the farm, garden and stock, the lighting and heating systems, the industrial shops for the training of boys in trade and for the training of girls in home making arts were also entirely satisfactory; but we found that the deaf children were so crowded in their sleeping rooms, both in the white and colored schools, that we are forced to ask immediate provision of new dormi-
THuRsDAY, AucusT 15, 1929.
859
tories. We found at the schools both for white children and for colored children that most of the bed rooms have twice as many beds in them as healthful conditions permit. We found also that in order to get sleeping rooms a wooden building some distance away from the school has been rented in which more than thirty of our deaf children sleep. We found also that there is no hospital at the school and that the sick are being treatea in rooms that are inside the dormitories, thus exposing all the children to every case of contagioua disease that occurs among the pupils. We found also that there is no pasturage for the large herd of cows kept for the purpose of supplying the sixty gallons o; milk needed daily for the proper nourishment of our three hundred pupils.
It is our unanimous opinion that for any of these serious deficiencies of our school for the deaf, its Board of Trustees and the officers elected by them are not to blame. Their records show that they have presented these needs of the institution to the Legislature and begged insistently for appropriations that would bring relief. The years have brought and are bringing increased attendance, making conditions now such that further delay would be a real disgrace to our State. Vile therefore recommend immediate appropriations for the following:
1st. A fireproof hospital with thirty beds for the schools for white children, to cost $50,000.00.
2nd. A dormitory for the primary department of the white schools adequate for one hundred pupils and their officers and teachers, to cost $100,000.00.
3rd. A dormitory for the colored schools adequate for fifty pupils, to cost $25,000.00.
4th. A farm adequate to produce feed and pasture for thirty cows, to cost $7,000.00.
Respectfully submitted, C. M. MICKLE, B. F. HARRIS,
c. w. PEEK.
860
JOURNAL OF THE SENATE,
The following bills, favorably reported, were read the second time:
By Mr. Williams of the 16th-
Senate Bill No. 22. A bill to amend an Act revising the game and fish laws.
By Mr. Mathews of the 23rdSenate Bill No. 214. A bill to define an emigrant.
By Mr. Platt of the 7th-
Senate Bill No. 273. A bill to amend an Act establishing the City Court of Thomasville.
By Mr. Platt of the 7th-
Senate Bill No. 276. A bill to amend an Act reincorporating the Town of Thomasville.
By Mr. Platt of the 7th-
Senate Bill No. 277. A bill to amend an Act abolishing fee system in Southern Judicial Circuit.
By Messrs. Holt and McKelvey of Gwinnett-
House Bill No. 316. A bill to amend the Code authorizing Governor to designate two banks as State Depositories in certain cities.
By Mr. Stewart of Atkinson-
House Bill No. 730. A bill to amend Code providing for addition of City of Pearson as a State Depository.
By Messrs. Stewart of Atkinson and Rosser of Walker-
House Bill No. 823. A bill to repeal an Act creating Commissioner of Roads and Revenues for County of Atkinson.
THuRsDAY, AuousT 15, 1929.
861
By Mr. Vaughn of the 34th-
Senate Bill No. 230. A bill to amend uniform Mechanics Lien law.
The following local uncontested bills were read the third time and placed upon their passage:
By Mr. McElmurray of the 17th-
Senate Bill No. 269. A bill to amend an Act creating a Board of Commissioners for Burke County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Lankford of the 15th-
Senate Bill No. 270. A bill to create a Board of Commissioners for Toombs County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Lankford of the 15th-
Senate Bill No. 271. A bill to repeal an Act creating a Board of Commissioners for Toombs County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
862
JOURNAL OF THE SENATE,
By Mr. Lankford of the 15th-
Senate Bill No. 272. A bill to repeal an"'Act providing for the working of the public roads in Toombs County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
The following House resolution was read the third time and placed upon its passage:
By Mr. Felker of Walton-
House Resolution No. 103. A resolution to furnish vValton County certain court reports.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resclution the ayes were 37, nays 0.
The resolution having received the requisite constitutional majority was passed.
The following House bills were read the third time and placed upon their pass~ge:
By Messrs. Wood and DuBose of Clarke-
House Bill Nc. 629. A bill to amend Code as relates to councilmen and aldermen of cities in certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite constitutional majority was passed.
THuRsDAY, AuausT 15, 1929.
863
By Mr. Barker of Heard-
House Bill No. 651. A bill to consolidate offices of Tax Receiver and Tax Collector of Heard County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Tippens of Evans-
House Bill No. 700. A bill to amend the charter of the City of Claxton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite constitutional majority was passed.
By Fulton Delegation-
House Bill No. 721. A bill to permit certain counties to pass zoning laws.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Huddleston and Mullins of Meriwether-
Hause Bill No. 722. A bill to amend Code as relates to compensation of jury commissioners in certain counties.
864
JouRNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Mundy of Clayton-
House Bill Nc. 735. A bill to amend an Act incorporating the Town of Lovejoy.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the- bill the ayes were 33, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Mundy of Clayton-
House Bill No. 736. A bill to amend the charter of the town of Forest Park.
The report 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, n?.ys 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Bll;lock of Rabun-
House Bill No. 742. A bill to amend an Act providing for holding three terms ~ ye-ar of Rabun Superior Ccurt.
The report of the committee, which was favorable to the passage of the b1ll, was agreed tC'.
On the passage of the bill the ayes were 29, nays 0.
THuRsDAY, AuGUST 15, 1929.
865
Tht> bill having received the requisite constitutional majority was passed.
By Messrs. Weekes and Ramspeck of DeKalb-
House Bill No. 758. A bill to amena an Act establishing a new charter fer the City of Atlanta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The Sill having received the requisite constitutional majority was passed.
By Messrs. Hancock a!"d Lord. of Jackson-
Hcuse Bill No. 759. A bill to amend the charter of the City of Jefferson.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Still and Brown and Miss Kempton of Fulton-
House Bill No. 771. A bill to amend an Act incorporating the City of Hapeville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
866
JOURNAL OF THE SENATE,
By Mr. Phillips of Tift-
House Bill No. 780. A bill to amend an Act repealing the. charter of the City of Tifton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Kirby of Forsyth-
House Bill No. 781. A bill to create office of Tax Cernmissioner for Forsyth County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Alexander, Grayson and Mills of Chatham-
House Bill No. 786. A bill to amend an Act creating Municipal Court of Savannah.
The report of the committee, which was favorable to the passage of the bill, wa~ agreed to.
On the passage of the bill the ayes were 33, nays 0.
The bill having received the requisite constitutional majority was passed.
By M.-. Lee of Bacon-
House Bill No. 787. A bill to abolish County Court of Bacon County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, AUGUST 15, 1929.
867
On the passage of the bill the ayes were 37, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Lee of Bacon-
House Bill No. 788. A bill to exclude certain territory from Alma High School District.
The report of thP c.ommittee, which was favorable to the passage cf the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite constitutional majority wa~ passed.
By Mr. Lee of Bacon-
House Bill Ko. 789. A bill to establish County Criminal Court in Bacon County.
The report of the committee, which was favorable to the passage of the bill, was 2greed to.
On the passage of the bill the ayes were 37, Pays 0.
The bill having received the requi3ite constitutional majority was passed.
By Mr. Allen of Baldwin-
House Bill No. 797. A hill to extend term of office of solicitor of County Court of Baldwin County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
868
JouRNAL OF THE SENATE,
By Mr. Adkins of Calhoun-
House Bill No. 798. A bill to amend an Act creating City Court of Morgan.
The report of the committee, which was favorable to the passage of the bill, wa<> agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having receiv-ed the requi<>ite consLitutional majority was passed.
By Mr. Osborne of Oconee-
House Bill No. 799. A bill to amend the charter of the Town of Watkinsville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constituticnal ma_iority WCJS passed.
By Mr. Walker of Pierce-
House Bill No. 800. A bill to amend an Act creating City Ccurt of Blackshear.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0. The bill having received the requi:>ite constitutiona. majority was passed.
By M1. Blalock of RabunHouse Bill No. 807. A bill to amend the charter of the
Town of Mountain City. The report of the committee, which was favorable to
the passage of the bill, was agreed to.
THURSDAY, AUGUST 15, 1929.
869
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Myrick cf the 1st, Vice Chairman of the committee on Rules, submitted the following report:
Mr. President:
Your committee have established the following as .the calendar of business for Thursday, August 15th, 1929:
Senate Bill No. 50. To permit fishing with hook and line.
Senate Bill No. 141. Securities Commission Bill.
Senate Bill No. 151. Hog Cholera Serum Bill.
Senate Bill No. 250. To change the name of A. & M. Schad.
Senate Bill No. 52. Land title Act.
Senate Bill No. 130. Fixing salaries of secretaries of Supreme Court.
Senate Bill No. 224. Peebles Judges Bill.
Senate Bill No. 228. Chiropody Bill (If taken from table.)
The above calendar to be discontinued at 10:15 o'clock then to be as follows:
House Bill No. 17. Six cent gasoline tax bill. Senate Bill No. 124. Constitutional classification tax bill. Senate Bill No. 2. Platt Highway bill. Senate Bill No. 211. Mathews equalization highway bilL Senate Bill No. 139. Highway bill prohibiting county aid for state highways.
870
JOURNAL OF THE SENATE,
Senate Bill No. 75. Judges' Salary bill.
Senate Bill No. 131. Providing salaries for members of the General Assembly.
Senate Bill No. 68. District School bill.
House Bill No. 8. Lawyers' bill.
The following bill was read the third time and placed upon its passage:
By Messrs. Bird of the 49th, Williams of the 16th and others-
Senate Bill No. 50. A bill tc provide fc. r fishing in fresh waters of Georgia.
Mr. Tyson of the 2n1 moved to amend the bill as follows
"Amend by adding at the end of Section 3, the following, "Provided, however, it shall be unlawful to fish or take fish in any other manner than herein provided except in Tidewater Georgia persons may fish for commercial purposes in the manner provided by local laws applicable therein."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 31, 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 agreed to the Senate Amendments and substitutes of the following bills of the House, to-wit:
THURSDAY, AUGUST 15, 1929.
871
By Mr. Cooper of Bibb-
House Bill No. 154. A bill to be entitled an Act to amend the Act creating the City Court of Macon, and for other purposes.
By Mr. Freeman of Early-
House Bill No. 564. A bill to be entitled an Act to provide for a Board of Commis~ioners for Early County, and for other purposes.
By Mr. Lochliear of Clinch-
House Bill No. 621. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for Clinch County, and for other purposes.
By Mr. Atwood of Mcintosh-
House Bill No. 737. A bill to be entitled an Act to regulate live stock dealers in Mcintosh County, and for other purposes.
By Messrs. Battle, Meredith and Roberts of Muscogee--
House Bill No. 740. A bill to be entitled an Act to amend the Act abolishing Justice Courts in Muscogee County, and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President: The House has disagreed to the Senate Amendment to
the following bills of the House, ta-wit:
By Messrs. Battle, Meredith and Roberts of Muscogee--
House Bill No. 654. A bill to be entitled an Act to empower the City of Columbus to pass zoning and planning laws, and for other purposes.
872
JouRNAL OF THE SENATE,
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills and resolutions of the Senate, to-wit:
By Mr. Vandiviere of the 39th-
Senate Bill No. 252. A bill to be entitled an Act to amend the Act incorporating the Town of Austell, and for other purposes.
By Mr. Tyson of the 2nd-
Senate Resolution No. 55. A resolution authorizing the State Librarian to furnish books to Mcintosh County.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills and resolutions of the House, to-wit:
By Mr. Still of Fulton-
House Bill No. 778. A bill to be entitled an Act to amend the Act establishing a new charter for the City of Atlanta, and for other purposes.
By Messrs. Battle, Meredith and Roberts of Muscogee-
House Bill No. 812. A bill to be entitled an Act to increase the salaries of the Judge and Solicitor of the City Court of Columbm:, and for other purposes.
THURSDAY, AuGusT 15, 1929.
873
By Messrs. Edwards and Ashley of Lowndes-
House Bill No. 813. A bill to be entitled an Act to amend the charter of the City of Valdosta, and for other purposes.
By Mr. Collier of Madison-
House Bill No. 821. A bill to be entitled an Act to amend the charter of the City of Colbert, and for other purposes.
By Mr. Wind of Grady-
House Bill No. 822. A bill to be entitled an Act to amend the charter of the City of Cairo, and for other purposes.
By Mr. Byars of Spalding-
House Resolution No. 130. A resolution authorizing State Librarian to furnish Judge of Superior Courts of Griffin Circuit certain reports.
MINORITY REPORT OF HOUSE BILL NO. 17.
'Ye, the undersigned members of the Senate Committee on finance file this our minority report on House Bill No. 17, and say that the same should not pass.
SHELBY MYRICK, EMMETT WILLIAMS.
This August 9, 1929.
The following bill was read the third time and taken up for ccnsideration:
By Mr. Lankford of the 15th-
Senate Bill No. 141. A bill to amend an Act creating .Securities Commission.
874
JouRNAL oF THE SENATE,
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill a division of the Senate revealing the fact that no quorum had voted, the President ordered the roll called, and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Atkinson, B. A. Barrett, J. B. R. Cook, Jno. M. Davis, J. S. Lane, W. T. Lankford, Geo. W.
Lawson, H. F. Mashburn, Marcus Myrick, Shelby. Nichols, A. J. Pickering, V. C. Terrell, J. Render
Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Williams, E. M. Williams, Felix C. Zellars, B. B.
Those voting in the negative were Messrs.:
Adams, Geo. W. Brewer, J. C. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Ham,T. C. Hyman,J.E.
Kidd, W. J. Lokey, C. E. Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Paulk, R. Peek, Chas. W.
Peebles, Leon L. Pitner, J. M. Platt, Wm. H. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Whaley, W. V.
On the passage of the bill the ayes were 19, the nays 22.
The bill having failed to receive the requisite constitutional majority was lost.
The following bill was again read and taken up for consideration:
By Mr. Lane of the 13th-
Senate Bill No. 151. A bill to provide for free distribution of hog cholea virus.
The report of the committee, which was favorable to the pasf.age of the bill, was disagreed to, and the bill was lost.
THURSDAY, AucusT 15, 1929.
875
The hour of 10:15 having arrived, the following bill was taken up for consideration:
By Messrs. Moore and Parker of Colquitt-
House Bill N"o. 17. A bill to amend an Act levying tax on motor fuels.
The call for the previous question having been sustained on yesterday, the President announced the first question as ordering the main question.
The main question was ordered.
Mr. Vaughn asked unanimous consent to dispense with further debate on the bill, and Mr. Brewer objected.
Mr. Myrick moved to ame"nd the bill as follows:
"Amend the bill by adding at the end of Section two the following:
Provided, however, that should that portion of said gas tax allocated or set apart to the counties of this State not be available for any reason for such allocation to the said counties then and in such event such portion of said tax be and is hereby allocated and set apart to the State Highway fund to be expended on the State Highway System by the State Highway Board in addition to the said four cents tax already allocated to said State Highway System; and provided further that should that portion of said gas tax allocated or set apart to the equalization fund for the Common School System not be available for any reason for such allocation to the said eq ualization fund, then and in such event such portion of said tax be and is hereby allocated, and set apart for educational, purposes in instructing children in the Common Schools of this State amend and shall be paid into the Treasury of said State and there remain covered for such purposes.
Mr. Dorsey of the 48th moved to amend the amendment as follows:
876
JOURNAL OF THE SENATE,
By inserting after the word "State" in the 13th line of said amendment the following: "in addition to any other appropriation and allocations to the support of the common schools of this State.
The amendment to the amendment was adopted.
The amendment as amended was adopted.
Mr. Zellars of the 30th moved to amend the bill as follows:
"Distributor" as used in this Act shall also include any person, firm, corporation, association of persons, municipalities, counties or any subdivision thereof in the State of Georgia, which shall import into this State from any other State or Foreign Country, or shall receive by any means into this State, and !<eep in storage in this State for a period of twenty-four hours or more after the same shall lose the Interstate character as a shipment in Interstate Commerce, any of the fuels or kerosene as specified above.
The amendment was adopted.
Mr. Myrick offered the following substitute:
Substitute for House Bill No. 17:
AN ACT.
To amend "An Act providing for an occupation tax upon all distributors of motor-fuels and kerosene engaged in .business in this State distributing two and one-half cents per gallon of said motor-fuels tax for use in the construction of the State Aid system of roads, and one cent to the several counties of this State; requiring such distributors to register, make returns and give bond; providing for penal ties for a violation of this Act, and for other purposes," approved August 24th, 1927; by changing the amount of the tax; by providing for the distribution and allocation thereof; and for other purposes.
THuRsDAY, AucusT 15, 1929.
877
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 2, of said Act: approved August 24th, 1927, be and the same is hereby amended, as follows: (a) By striking the word "four" and inserting in lieu thereof the word "five"; (b) By striking the words "as follows: Two and one-half (275') cents per gallon to the State-aid fund for use in construction on the State-aid system of roads, and one (1) cent per gallon to the several comities of this State, as now provided by law.
The 75' cent of said gas tax not allocated under the terms
of this bill is hereby set aside to the Public Schools of said State for an equalization school fund," and inserting in lieu thereof the words "to the State-aid Fund, for use in construction and maintenance of the State-aid System of Roads;" so that said Section 2, when so amended, shall read as follows:
Sec. 2. Be it further enacted by the authority aforesaid that each distributor of fuels who engages in such business in this State shall pay an occupation tax cf five cents per gallon for each and every gallon of such fuels (1) imported and sold within this State, or (2) imported and withdrawn for use within this State, or (3) manufactured, refined, produced or compounded within this State and sold for use and consumption within this State, or used and consumed within this State by the manufacturer, refiner, producer or compounder. Nothing in this Act contained shall be so construed as to cause double taxation on any of the products specified herein. Where kerosene or fuels are manufactured or refined in this State and shipped out of this State and are brought back into this State and used or consumed, the respective taxes herein fixed shall be paid on such kerosene and fuels. Any manufacturer or refiner in this State may sell to any duly licensed distributor under the terms of this Act, and require the purchasing distributor to pay the tax herein imposed; provided such manufacturer or refiner shall report all such sales to the Comptroller-General not later than
878
JouRNAL oF THE SENATE,
the next business day after the shipment was made, giving full details of the sale, including quantity, the car initials and number if a car load shipment, date of shipment, and name and address of consignee. That the proceeds of said tax shall be distributed to the State-aid Fund, for use in construction and maintenance of the State-aid System of Roads. Said five cents tax shall become operative and in effect on the first day of September, 1929.
Sec. II. Be it further enacted by the authority aforesaid that the word "four" in line three, of Section 6, of said Act, be stricken and the word "five" be inserted in lieu thereof, so as to make the first sentence of Section 6, as amended, read as follows:
"Be it further enacted by the authority aforesaid, that each distributor of fuels and kerosene engaged in such business in this state shall pay the occupation tax of five cents per gallon on fuels and one cent per gallon on kerosene as herein provided to the Comptroller-General of this State."
Sec. III. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the s2me are hereby repealed.
On the adoption of the substitute Mr. Myrick called for the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Garrison, J. M. Myrick, Shelby
Platt, Wm. H.
Williams, E. M.
Those voting in the negative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R.
Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M. Dorsey, J. H.
Fletcher, J. M. Ford, P. B. Goode, Geo. L. Ham, T. C. Harris, B. F.
THURSDAY, AuGUST 15, 1929.
879
Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L.
Mickle, C. M. Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. C. Pitner, J. M. Redwine, Chas. D. Sibley, J. Hart
Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, Felix C. Wright, Seaborn Zellars, B. B.
On the adoption of the substitute the ayes were 4, the nays 43.
The substitute was therefore lost.
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 Mr. Myrick called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Alien, Wade Alston, G. 0. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. 0. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford,P. B. Garrison, J. M.
Goode, Geo. L. Ham,T.C. Harris, B. F. Hyman,J. E.
Kidd, w. J.
King, E. R.
Lane, W. T.
Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Nichols, A. J. Paulk, R. Peek, Chas. W.
Peebles, Leon L. Pickering, V. C. Pitner, J. M. Platt, Wm. H. SibleY, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, Felix 0. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Lankford, Geo. W. Lawson, H. F.
Mickle, C. M. Myrick, Shelby
Redwine, Chas. D. Williams, E. M.
Mr. Myrick asked unanimous consent to dispense with the verification of the roll call, and the consent was granted.
880
JouRNAL OF THE SENATE,
On the passage of the bill the ayes were 42, the nays 6.
The bill having received the requisite constitutional majority was passed.
On the passage of the above bill Mr. Myrick of the 1st made the following statement:
I voted for a substitute to House Bill No. 17, which substitute provided a five cent tax on gasoline all to be allocated to the construction and maintenance of the State Highway System for the reason that all tax imposed on gasoline should be devoted to the building of State Highways.
I voted against House Bill No. 17, imposing a six cents tax on gasoline for the reason that I believe six cents too high a tax to impose upon one commodity, and for the further reason that there should be no allocations to purposes other than building State Highways.
The following bill was read the third time and taken up for consideration:
By Mr. Lawson of the 14th-
Senate Bill No. 124. A bill known as the Constitutional Classification Tax bill.
Mr. Goode called for the previous question.
Mr. Smith of the 25th arose to a point of personal privilege and addressed the Senate as follows:
Mr. President:
On yesterday in the heat of debate I made references to Mr. Frank Shumate, Vice President of the Georgia Power Company. I did not consider at the time that these remarks reflected on his honor, or integrity. As there might be some misunderstanding about these remarks I here and now disclaim any intention to reflect on Mr. Shumate in
THURSDAY, AuGusT 15, 1929.
881
any way, or on the Company he represents, or any Senator. I have been reliably informed that Mr. Shumate was invited into conferences on the present tax situation in Georgia,where a remedy to meet the present crisis was being sought, and that he has been co-operating along these lines.
I am prompted to make these remarks because Mr. Shumate not having the privileges of the floor cannot defend himself.
Mr. Goode moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until this afternoon at 3:00 o'clock.
SENATE CHAMBER, ATLANTA, GA., AFTERNOON SESSION,
THURSDAY, AuGUST 15, 1929.
The Senate met pursuant to adjournment at 3:00 P. M., this afternoon and was called to order by the President. By unanimous consent the Senate reconsidered its action in defeating Senate Bill No. 141, earlier in the day.
The following bills were introduced, read the first time and referred to Committees:
By Messrs. Goode of the 31st and Terrell of the 36thSenate Bill No. 280. A bill to provide for licensing of
auto drivers. Referred to Committee on Special Judiciary.
By Mr. Lankford of the 15thSenate Bill No. 281. A bill to amend an Act creating
a new charter for the City of Vidalia in Toombs County.
882
JouRNAL OF THE SENATE,
Referred to Committee on Municipal Government. Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 784.
Respectfully submitted,
GooDE, Chairman.
Mr. Vaughn of the 34th District, Chairman of the Committee on Commerce and Labor, submitted the following report:
Mr. President:
Your Committee on Commerce and Labor has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 440.
Senate Bill No. 166, as amended.
Respectfully submitted,
VAUGHN, Chairman.
The following bills, favorably reported, were read the second time:
THURSDAY, AucusT 15, 1929.
883
By Mr. Terrell of the 36th-
Senate Bill No. 166. A bill to amend an Act known as Factory Inspector Law.
By Mr. New of LaurensHouse Bill No. 440. A bill to define an emigrant.
By Mr. Slater of Bryan-
House Bill No. 784. A bill to repeal Section 11, Page 508, of Acts of 1927.
The following resolutions were read the third time and placed upon their passage:
By Messrs. Martin and Mooty of Troup-
House Resolution No. 79. A resolution for the relief of R. 0. Moore as surety on 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 26, the nays 0.
The resolution having ~eceived the requisite constitutional majority was passed.
By Messrs. Crowe and Thomason of Worth-
House Resolution No. 85. A resolution for the relief of C. P. Pearson, A. T. Simerly and W. E. Ivey and R. L. Deariso as sureties on 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, the nays 0.
The resolution having received the requisite constitutional majority was passed.
884
JouRNAL OF THE SENATE,
By Mr. Battle of Schley-
House Resolution No. 91. A resolution for the relief of
J. W. Larkin and W. E. Wilson.
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 29, the nays 0.
The resolution having received the requisite constitutional majority was passed.
By Mr. Collier of Madison-
House Resolution 1\'o. 122. A resolution for the re
lief of M. J. Davis.
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 26, the nays 0.
The resolution having received the requisite constitutional majority was passed.
The following resolution was read the third time and placed upon its passage:
By Messrs. Davis, Crawford and Lanham of Floyd-
House Resolution No. 102. A resolution to authorize Floyd County authorities to reimburse Mrs. W. H. Ridley on a forfeited 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 28, the nays 0.
The resolution having received the requisite constitutional majority was passed.
THURSDAY, AUGUST 15, 1929.
885
The following House Bill was read the third time and placed upon its passage:
By Miss Kempton and Mr. Brown of Fulton-
House Bill No. 685. A bill to amend an Act incorporating the City of College Park.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
The following Senate Bill was read the third time and placed upon its passage:
Bv Mr. Peebles of the lRth-
Senate Bill No. 224. A bill to allow Judges to absent themselves from place of trial during recess of Court.
Mr. Goode of the 31st and Mr. Terrell of the 36th, moved to amend the bill as follows:
"Amend by adding at end of Section 1, the following:
"The presiding Judge shall have entered upon the minutes of the Court his announcement as to his absenting himself and the response of the defendant or his counsel."
The amendment was adopted.
Mr. Terrell moved to amend the bill as follows: "Amend the caption of the bill by inserting after the word "Court" in the last line of same the following "When the trial Judge shall have entered upon the minutes of the Court his announcement as to his absenting himself and the response of defendant or his counsel."
The amendment was adopted.
886
JOURNAL OF THE SENATE,
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 32, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The House having refused to agree to the Senate amendment to the following bill, the same was taken up by the Senate for the purpose of receding from its amendment:
By Messrs. Battle, Meredith and Roberts of Muscogee-
House Bill No. 654. A bill to empower the City of Columbus to pass zoning laws.
Mr. Neill moved that the Senate recede from its amendment to the bill and the motion prevailed.
The following bill was taken up for the purpose of concurring in the House amendment to the same.
By Mr. Williams of the 27th-
Senate Bill No. 241. A bill to give authority to Federal Government to acquire lands in Okefenokee Swamp.
The House proposed and adopted the following amendment:
"Amend by striking the words 'the area of' wherever they occur in said bill."
Mr. Williams of the 27th moved that the Senate concur in the House amendment, and the motion prevailed.
The following bill was taken up for the purpose of concurring in the House amendment to the same:
By Mr. Redwine of the 26th-
Senate Bill No. 44. A bill to fix regular terms of Superior Courts of the Griffin Judicial Circuit.
THURSDAY, AucusT 15, 1929.
887
The House adopted the following amendment:
"Amend by striking from Section 1, the sentence fixing the time for holding terms of Court in Pike County, and substituting in lieu thereof the following "In Pike County the weeks beginning on the 3rd and 4th Mondays in February, and the 4th Mondays in July, and the 1st Mondays in August, and the 3rd and 4th Mondays in November, of each year."
By unanimous consent the Senate concurred in the House amendment.
The following House Bills were read the first time and referred to Committees:
By Mr. Still of Fulton-
House Bill No. 778. A bill to amend an Act establishing a new charter for the City of Atlanta.
Referred to Committee on Municipal Government.
By Messrs. Battle, Meredith and Roberts of Muscogee-
House Bill No. 812. A bill to increase salaries of Judge and Solicitor of the City Court of Columbus.
Referred to Committee on Special Judiciary.
By Messrs. Edwards and Ashley of Lowndes-
House Bill No. 813. A bill to amend the charter of the City of Valdosta.
Referred to Committee on Municipal Government.
By Mr. Collier of Madison-
House Bill No. 821. A bill to amend the charter of the City of Colbert.
Referred to Committee on Corporations.
888
JouRNAL OF THE SENATE,
By Mr. Wind of Grady-
House Bill No. 822. A bill to amend the charter of the City of Cairo.
Referred to Committee on Corporations.
By Mr. Byars of Spalding-
House Resolution No. 130. A resolution to authorize State Librarian to furnish Judge of Superior Courts of Griffin Judicial Circuit certain reports.
Referred to Committee on Public Library.
The following bill was read the third time and taken up for consideration.
Senate Bill No. 250. A bill to change the name of 5th District A. & M. School.
Mr. Smith of the 25th called for the previOus question and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill Mr. Williams of the 27th called for the ayes and nays, and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Alston, G. C. Bird, A. J. Dame, George M. Garrison, J. M. Ham,T. C.
Lane, W. T. Lankford, Geo. W. Lokey, C. E. Mickle, C. M. Peek, Chas. W. Sibley, J. Hart
Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Williams, E. M. Williams, Felix 0.
Those voting in the negative were Messrs.:
Barrett, J. B. R. Davis, J. S. Fletcher, J. M. Ford, P. B.
Goode, Geo. L. Hyman, J. E. Kidd, W. J. King, E. R.
Lawson, H. F. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L.
THURSDAY, AUGUST 15, 1929.
889
Nichols, A. J. Peebles, Leon L. Pitner, J. M.
Platt, Wm. H. Redwine, Chas. D. Vandiviere, H. G.
Vaughn,C.R. Whaley, W. V. Wright, Seaborn
On the passage of the bill the ayes were 17, the nays 21.
The bill having failed to receive the requisite constitutional majority was lost.
The following bill was read again and placed upon its passage:
By Mr. Terrell of the 36th-
Senate Bill No. 228. A bill to regulate the practice of chiropody in Georgia.
Mr. Myrick of the 1st moved to amend the bill as follows:
"Amend by striking Section 7 in its entirety and numbering the remaining sections accordingly."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 29, the nays 3.
The bill having received the requisite constit.ltional majority was passed, as amended.
The following bill was read again and placed upon its passage:
By Mr. Wright of the 42nd-
Senate Bill No. 139. A bill to prohibit county assessments for construction of State-aid roads.
Mr. Neill moved to amend the bill as follows:
"Amend by adding at end of Section 8, of said bill the following, "It is further provided that this Act shall not prohibit the use of revenues or funds arising from county bonds already issued or authorized; nor shall it interf~re with
890
JouRNAL OF THE SENATE,
any agreement or contract already existing or agreed upon between the Highway Department and the County Authorities."
The amendment was adopted.
Mr. Pitner called for the previous question and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill Mr. Neill called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Alston, G. C. Bird, A. J. Dame, George M. Davis, J. S. Ford, P. B. Goode, Geo. L. Ham,T.C. Hyman, J. E. Lokey, C. E.
Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Myrick, Shelby Nichols, A. J. Peebles, Leon L. Pitner, J. M. Platt, Wm. H. Redwine, Chas. D.
SibleY, J. Hart Smith, Jno. A. Terrell, J. Render Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Adams, Geo. W. Barrett, J. B. R. Brewer, J. C. Fletcher, J. M. Garrison, J. M.
Harris, B. F.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W.
Lawson, H. F. Mickle, C. M. Peek, Chas. W. Tyson, Wm. S. Williams, Felix 0.
On the passage of the bill the ayes were 28, the nays 15.
The bill having received the requisite constitutional majority, was passed as amended.
Mr. Smith of the 25th moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until tomorr?W morning at 9:00 o'clock.
FRIDAY, AuGUST 16, 1929.
891
SENATE CHAMBER, ATLANTA, GA.
Friday, August 16, 1929.
The Senatemet pursuant to adjournment at 9:00 o'clock A.M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews of the 23rd, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Goode of the 31st asked unanimous consent that the following bill be withdrawn from the Committee, read the second time and recommitted:
By Mr. Ellard of Habersham-
House Bill No. 310. A bill to allow the City of Cornelia to increase its bonded indebtedness.
The consent was granted.
Mr. Williams of the 27th asked unanimous consent that the following bill be re-commi tteed to the Committee on Public Property:
By Mr. Sibley of the 19th-
Senate Bill No. 266. A bill to provide for insurance of public buildings.
The consent was gran ted.
The following bills, favorably reported, were read the second time.
892
} OURNAL OF THE SENATE,
By Messrs. Mickle of the 37th and Peek of the 38th-
Senate Resolution No. 60. A resolution to invite American Society for the control of cancer to make a survey in the State of Georgia.
By Messrs. Lawson of the 14th, Pitner of the 50th and Terrell of the 36th-
Senate Resolution No. 66. A resolution providing for a commission to have prepared for adoption a new revised Code of Laws of this State.
By Mr. Platt of the 7th and Mashburn of the 51stSenate Bill No. 220. A bill to provide for sanitary pro-
tection of water resources of Georgia.
By Mr. Still of FultonHouse Bill No. 778. A bill to amend an Act establishing
a new charter for the City of Atlanta.
By Messrs. Edwards and Ashley of Lowndes-
House Bill No. 813. A bill to amend the charter of the City of Valdosta.
Mr. Peek of the 38th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. President:
Your Committee on Hygiene and Sanitation has had under consideration the following bills of the Senate and has instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass as amended:
Senate Bill No. 220.
FRIDAY, AucusT 16, 1929.
893
Senate Bill No. 137 do not pass. Senate Resolution No. 60 do pass.
Respectfully submitted, PEEK, Chairman.
Mr. Lawson of the 14th District, Chairman of the Committee on General Judiciary No. 2 submitted the following report:
Mr. President:
Your Committee on General Judiciary No.2 has had under consideration the following Resolution of the Senate and has instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 66.
Respectfully submitted,
LAwsoN, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Goverment, submitted the following report:
Mr. President:
Your Committee on Municipal Goverment has had unde-r consideration the following bill of the House and has instructed me as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 778.
House Bill No. 813.
Respectfully submitted,
J. S. DAvts, Chairman.
894
JouRNAL oF THE SENATE,
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills and resolutions of the House, to-wit:
By Miss Kempton and Messrs. Still and Brown of Fulton-
House Bill No. 457. A bill to be entitled an Act to amend the Civil Code of 1910 as relates to the General Execution Docket, and for other purposes.
By Mr. Goolsby of Monroe-
House Bill No. 796. A bill to be entitled an Act to
create the County of Monroe as an independent school or
tax district, and for other purposes.
9
By Mr. Rosser of Walker and Mr. Stewart of Atkinson-
House Bill No. 815. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Atkinson County, and for other purposes.
By Messrs. New, Coleman and Beddingfield of Laurens-
House Bill No. 816. A bill to be entitled an Act to incorporate the Town of Montrose, and for other purposes.
By Mr. Trotter of Taliaferro-
Hause Bill No. 825. A bill to be entitled an Act to amend the Act granting a charter to the Town of Crawfordville, and for other purposes.
By Mr. Reid of HaralsonHouse Bill No. 824. A bill to be entitled an Act to create
FRIDAY, AUGUST 16, 1929.
895
a Commissioner of Roads and Revenues for Haralson County, and for other purposes.
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 826. A bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for Richmond County, and for other purposes.
By Mr. Sloan of Hall-
House Bill No. 827. A bill to be entitled an Act to amend the Code to permit certain counties to levy a road main tenance tax, and for other purposes.
By Mr. Martin of Liberty-
House Bill No. 829. A bill to be entitled an Act to regulate live stock industry in Liberty County, and for other purposes.
By Mr. Kennedy of Lamar-
House Bill No. 830. A bill to be entitled an Act to amend the Act providing for a method, time and place of registration in the City of Barnesville, and for other purposes.
By Mr. Kennedy of Lamar-
House Bill No. 831. A bill to be entitled an Act to amend the Act creating an Advisory Board for the County of Lamar, and for other purposes.
By Mr. Kennedy of Lamar-
House Bill No. 832. A bill to be entitled an Act to amend an Act amending the Act conferring additional powers upon the corporate authorities of the Town of Barnesville, and for other purposes.
896
JouRNAL OF THE SENATE,
By Mr. Kennedy of Lamar-
House Bill No. 833. A bill to be entitled an Act to amend an Act conferring additional powers upon the corporate authorities of the Town of Barnesville, and for other purposes.
By Messrs. Cail of Screven, Battle of Muscogee, and others-
House Resolution No. 142. A resolution relating to continuing as a unit of the National Guard the 122nd Infantry.
By Mr. Walker of Pierce-
House Bill No. 819. A bill to be entitled an Act to authorize Pierce County to levy additional school tax, 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 reqmstte constitutional majority the following Bills of the Senate, ta-wit:
By Mr. Lankford of the 50th-
Senate Bill No. 247. A bill to be entitled an Act to exempt from road duty citizens of certain counties, and for other purposes.
The following House Resolution and Bills were read the first time and referred to Committees:
By Mr. Cail of Screven, Battle of Muscogee and others-
House Resolution No. 142. A resolution relating to the 122nd Infantry.
Referred to Committee on Military Affairs.
FRIDAY, AucusT 16, 1929.
897
By Miss Kempton and Messrs. Brown and Still of Fulton-
House Bill No. 457. A bill to amend Code as relates to execution dockets.
Referred to Committee on General Judiciary No. 2
By Mr. Goolsby of Monroe-
House Bill No. 796. A bill to create the County of Monroe as a whole and independent school district.
Referred to Committee on Education-
By Messrs. Rosser of Walker and Stewart of Atkinson-
House Bill No. 815. A bill to abolish the office of Tax Receiver and Tax Collector of Atkinson County.
Referred to Committee on Counties and County Matters.
By Laurens Delegation-
House Bill No. 816. A bill to incorporate the Town of Montrose.
Referred to Committee on Corporations.
By Mr. Walker of Pierce-
House Bill No. 819. A bill to propose amendment to Constitution as relates to Pierce County.
Referred to Committee on Amendments to Constitution.
By Mr. Reid of Haralson-
House Bill No. 824. A bill to create a Commissioner of roads and revenues for Haralson County.
Referred to Committee on Counties and County Matters.
By Mr. Trotter of Taliaferro-
Hause Bill No. 825. A bill to amend an Act granting a charter to the Town of Crawfordsville.
898
JouRNAL OF THE SENATE,
Referred to Committee on Municipal Government.
By Richmond Delegation-
House Bill No. 826. A bill to amend an Act creating a Board of Commissioners of roads and revenues for the County of Richmond.
Referred to Committee on Counties and County Matters.
By Mr. Sloan of Hall-
House Bill No. 827. A bill to amend the Code to permit certain counties to levy a road maintenance tax.
Referred to Committee on Counties and County Matters.
By Mr. Martin of Liberty-
House Bill No. 829. A bill to regulatf' live stock industry in Liberty County.
Referred to Committee on Counties and County .Matters.
By Mr. Kennedy of Lamar-
House Bill No. 830. A bill to amend an Act providing method, time and place of registration in Barnesville.
Referred to Committee on Corporations.
By Mr. Kennedy of Lamar-
House Bill No. 831. A bill to amend an Act creating an Advisory Board for the County of Lamar.
Referred to Committee on Counties and County Matters.
By Mr. Kennedy of Lamar-
House Bill No. 832. A bill to amend an Act conferring additional powers upon corporate authorities of the Town of Barnesville.
Referred to Committee on Municipal Government.
FRIDAY, AuGUST 16, 1929.
899
By Mr. Kennedy of Lamar-
House Bill No. 833. A bill to amend an Act conferring additional powers upon corporate authorities of Barnesville.
Referred to Committee on Municipal Government.
The following bills were read the third time and placed upon their passage:
By Mr. Platt of the 7th-
Senate Bill No. 273. A bill to amend an Act establishing City Court of Thomasville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Platt of the 7th-
Senate Bill No. 276. A bill to amend an Act reincorporating the Town of Thomasville.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Platt of the 7th-
Senate Bill No. 277. A bill to amend an Act abolishing fee system in Sou them Judicial Circuit.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
900
JouRNAL OF THE. $ENATE,
The bill having received the requisite constitutional ~ajority was passed.
By Messrs. Holt and McKelvey of Gwinnett-
House Bill No. 316. A bill to amend the Code to authorize the Governor to name two banks as depositories at Lawrenceville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Stewart of Atkinson-
House Bill No. 730. A bill to add the City of Pearson to list of State Depositories.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Slater of Bryan-
House Bill No. 784. A bill to repeal Section 11, pag-e 508 of Acts of 1927.
The Senate Committee proposed the following substitute: "A bill to be entitled an Act to repeal Section 11, Page 508 of the Acts of 1927, relating to the duties of the county Commissioners of Bryan County to require all persons of said county subject to road duty to either work the roads or pay the commutation tax and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that from and after the passage of this Act, that Section 11, Page 508,
FRIDAY, AUGUST 16, 1929.
901
of the Acts 1927, be and the same are hereby repealed and not enforceahie by the County Commissioners of said county said section relating to the duties of the county commissioners of Bryan County to require all persons of said county subject to road duty to either work the roads or pay the commutation tax. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed.
The Senate adopted the substitute.
The report of the Committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed by substitute.
By Messrs. Rosser of Walker and Stewart of Atkinson-
House Bill No. 823. A bill to repeal an Act creating a Commissioner of roads and revenues for Atkinson County.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Myrick of the 1st, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President:
Your Committee on Rules has established the following calendar of business for Friday, August 16th, 1929, to-wit:
Senate Resolution No. 65. Platt resolution for information from executive department.
Senate Bill No. 141. Securities Commission bill (if reconsidered.)
902
JOURNAL OF THE SENATE,
Senate Bill No. 52. Land Title Act. Senate Bill No. 130. Fixing the salaries of secretaries of the Supreme Court. The above calendar to be discontinued at 10:15 o'clock and the following established:
Senate Bill No. 124. Constitutional classification tax.
Senate Bill No. 2. Platt Highway Bill.
Senate Bill No. 211. Mathews equalization highway bill.
House Bill No. 331. Cigar and Cigarettes tax bill.
House Bill. Amendments to the general tax Act.
Senate Bill No. 75. Judges' salary bill.
Senate Bill No. 131. Providing salaries for members of the General Assembly.
Senate Bill No. 68. District school bill.
House Bill No. 8. Lawyers' bill.
Senate Bill No. 262. Peach Bill.
The following resolution was read and taken up for consideration:
By Mr. Platt of the 7thSenate Resolution No. 65. A resolution calling for cer-
tain information from the Executive Department.
Mr. Lane moved that the resolution be tabled.
Mr. Terrell of the 36th called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
FRIDAY, AUGUST 16, 1929.
903
Those voting in the affirmative were Messrs.:
Bird, A. 5. Garrison, J. M. Goode, Geo. L. Harris, B. F. Hyman, J.E. Lane, W. T. Lawson, H. F. Lokey, C. E.
Mashburn, Marcus Mathews, Sam M.
McElmurray, w. L.
Mlckle, C. M. Paulk, R. Peek, Chas. W. Peebles, Leon L. Redwine, Chas. D.
Smith, Jno. A. Vandiviere, H. G. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Brewer, J. C. Cook, Jno. M. Dame, George M.
Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Ham,T. C.
Kidd, w. J.
King, E. R. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Terrell, J. Render Vaughn, C. R.
On the motion to table the ayes were 23, nays 18, and the motion therefore prevailed.
The following bill was read again and taken up for consideration:
By Mr. Lankford of the 15th-
Senate Bill No. 141. A bill to amend an Act establishing Securities Commission.
Mr. Lankford of the 15th moved to amend the bill as follows:
"Amend by striking the words: Said chairman shall be paid a salary to be fixed by the Governor of this State every second year at an amount not to exceed One Hundred Dollars per month and each of said other members shall be paid a salary to be fixed by the Governor of this State every second year at an amount not to exceed Seventy Five Dollars per month, all of said salaries to be paid from fees collected by said Commission and not otherwise", in the second section thereof and substituting in lieu thereof, the words
904
JouRNAL OF THE SENATE,
"Said members of said Commission shall serve upon and perform the duties of said Commission without additional compensation".
The amendment was adopted.
The report of the committee, which was favorable to"'the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite ccnstitutional majority, was passed as amended.
The following bill was read again and placed upon its passage:
By Mr. Zellars of the 30thSenate Bill No. 52. A bill to aid land titles in Georgia. Mr. Zellars offered the following substitute:
A BILL.
To be entitled an Act concerning and aiding land titles in this State by providing that voluntary deeds when recorded shall constitute notice; by providing for a limitation of actions upon instruments given to secure debt; by prescribing and fixing notice of litigation concerning or affecting the title to land; by prescribing a limitation of time after the record of a deed or the probate of a will, when a person may not assert a claim to certain land and validating certain conveyances; by providing that any person whose rights are adversely affected by the record of a false or fraudulent deed, may file suit to reform or cancel same; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that on and after one year fron the passage of this Act that:
FRIDAY, AUGUST 16, 1929.
905
Section 1. The legal recordation of voluntary deeds, or deeds based upon a consideration of love and affection, shall constitute notice to the same extent as if based upon a valuable consideration.
Sec. 2. All actions to enforce deeds, mortgages, or other instruments which convey or encumber land to secure debt, or to recover the premises thereby conveyed, shall be brought within twenty years from rr.aturity of the debt secured thereby as shown on the face of such deed or instrument; and when the maturity is not shown, all such actions shall be brought within twenty years from the date of such deed or instrurr.ent. When tarred, the title shall re-vest in the same manner as if such deed or instrument had been cancelled, and the record "satisfied."
Sec. 3. Except as to parties thereto, no suit or litigation or proceedings in any court or any judgment or decree rendered therein, concerning or affecting any right, title, interest or equity in or to any lands in any county of this State shall bind any person unless and until notice of such litigation or proceedings shall have been filed for record in the county where such lands lie. The notice required by this Act shall give the names of the parties, the name of the court, the object of the action, and describe the lands af. fected thereby, which notice may be filed and recorded in the same manner as Mechanics' or Materialmen's liens are now filed and recorded in this State.
Sec. 4. After the lapse of thirty (30) years from the record of any deed or the probate of any will purporting to convey lands no person shall assert any claim to said lands as against the claimants under such deed or will, or their successors in ti tie.
Sec. 5. After the lapse of thirty (30) years all such deeds or wills shall be deemed valid and effectual for conveying the lands therein described, as against all persons who have not asserted by competent record title an adverse claim.
906
JOURNAL OF THE SENATE,
Sec. 6. Any person whose rights are adversely affected by the record of any false or fraudulent deed may bring suit to reform or cancel the record of such deed.
Sec. 7. This Act sh.all not apply to litigation pending at or before the time this Act becomes affective, or any renewal thereof that may be brought under existing laws. A proceeding to register titles under the Land Registration Act shall be considered pending litigation.
Sec. 8. Be it further enacted that should any portion of this Act be held unconstitutional for any cause, the re maining portions thereof shall not in any way be affected thereby.
Sec. 9. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
Mr. Hyman called for the previous question and the call was not sustained.
Mr. Ford of the lOth moved to amend the substitute as follows:
"By striking the period at the end of Section 4, and by inserting in lieu thereof a coma, and by adding after said comma the following words "provided possession of said lands has been in the claimant or claimants, under such will or deed, and for their successors in title".
The amendment was adopted to the substitute.
Mr. Goode called for the previous question and the call was sustained.
The substitute as amended was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute as amended, was agreed to.
On the passage of the bill Mr. Terrell called for the ayes. and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
FRIDAY, AUGUST 16, 1929.
907
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Goode, Geo. L.
Ham, T. C. Harris, B. F. Hyman, J. E. King, E. R. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Myrick, Shelby Peebles, Leon L. Pitner, J. M. Platt, Wm. H.
Rawls, H. G. Redwine, Chas. D. SibleY, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. WhaleY, W. V. Williams, E. M. Zellars, B. B.
Those voting in the' negative were Messrs.:
Dame, George M. Davis, J. S.
Kidd, w. J.
Lane, W. T.
Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mickle, C. M.
Nichols, A. J. Peek, Chas. W. Williams, Felix C. Wright, Seaborn
On the passage of the bill the ayes were 34, nays 12.
The bill having received the requisite constitutional majority wass passed, by substitute as amended.
The following privileged resolution was read:
By Mr. Myrick of the 1st-
Senate Resolution No. 67. A resolution respectfully inviting the attention of the House to the crowded condition of the calendars of the General Assembly.
On the adoption of the resolution Mr. Myrick called for the ayes and nays and the call was sustained:
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. :Barrett, J. B. R.
Bird, A. J. Brewer, J. C. Cook, Jno. M. Fletcher, J. M. Ford, P. B.
Goode, Geo. L. Ham, T. C. Harris, B. F.
Kidd, w. J.
Lawson, H. F.
908
JouRNAL oF THE SENATE,
Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Myrick, Shelby Nichols, A. J. Paulk, R.
Peek, Chas. W. Peebles, Leon L. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D.
Sibley, J. Hart Terrell, J. Render Tyson, Wm. S. Williams, E. M. Wright, Seaborn
Those voting in the negative were Messrs.:
Dame, George M. Davis, J. S. Hyman, J. E. King, E. R.
Lane, W. T. Lankford, Geo. W. Mathews, Sam M.
Mickle, C. M. Whaley, W. V. Williams, Felix C.
The ayes were 32, nays 10, and the resolution was therefore adopted.
The following bill was read the third time and taken up for consideration:
By Mr. Lawson of the 14th-
Senate Bill No. 124. A bill known as the Constitutional Classification Bill.
Mr. Goode called for the previous question and the cali was sustained.
Mr. Pitner of the 50th moved to amend the bill as follows:
"Amend Par. 1 of Section One, line seven by inserting the word "shall" after the word "and" and before the word "relieve"; and also by adding at the end of Par. 1 of Section
One, th.e following: If the General Assembly exercises the
power conferred by this Section."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
The bill proposing an amendment to the Constitution, the roll call was ordered on its passage and the vote was as follows:
FRIDAY, AucusT 16, 1929.
909
Those voting in the affirmative were Messrs.:
Allen, Wade Alston, G. C. Barrett, J. B. R. Brewer, J. C. Cook, Jno. M. Davis, J. S. Dorse:v, J. H. Ford, P. B. Garrison, J. M. Goode, Geo. L.
Ham, T. C. King, E. R. Lankford, Geo. W. Lawson, H. F. Loke:v, C. E. Mashburn, Marcus Mathews, Sam M. Paulk, R. Peebles, Leon L. Pitner, J. M.
Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Terrell, J. Render Vandiviere, H. G. Vaughn; C. R. Williams, E. M. Williams, Felix C. Zellars, B. B.
Those voting in the negative were Messrs.:
Atkinson, B. A. Bird, A. J. Dame, George M. Fletcher, J. M. Harris, B. F. HYman, J. E.
Kldd, W. J. Lane, W. T. McElmurray, W. L. Mickle, C. M. Nichols, A. J. Peek, Chas. W.
Platt, Wm. H. Smith, Jno. A. Tyson, Wm. S. Whaley, W. V. Wright, Seaborn
On the passage of the bill the ayes were 29, nays 17.
The bill having failed to receive the requisite two-thirds constitutional majority was lost.
The following bill was read again and taken up for con~ sidera tion.
By Mr. Platt of the 7th-
Senate Bill No. 2. A bill to create define and allocate the State Highway Fund of Georgia.
Mr. Platt offered the following substitute:
SUBSTITUTE FOR SENATE BILL NO.2. By Mr. Platt of the 7th-
A BILL.
To be entitled an Act to create, define, or allocate, the State Highway Fund to be used in the Construction, maintenance and repair of the State Highways of Georgia, sup:
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JouRNAL OF THE SENATE,
plemented by the Federal Aid Fund; to provide a method of disbursing the State Highway Fund to provide forthe disposition by sale of certain property of the State Highway Board; to classify the State Highway System of Roads to provide quarterly audits by the State Auditor; to provide a punishment for acts done with intent to injure or defraud the State, or in violation of any contract pertaining to highways, and the recovery of damages therefor; 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 all roads of the State Highway System of Georgia, are hereby classified as follows:
United States Numbered Highways and Other Roads.
The United States Numbered Highways are such roads as are now classified and designated by the American Association of State Highway Officials. Other roads are such roads as are designated by the State Highway Department as Federal Aid Roads and such other roads as have been heretofore adopted by the State Highway Department and now designated on the Maps of the State Highway Department, and such other roads as were allocated by the State Highway Board prior to the eighth day of February, 1928, and such additional roads as may be approved and taken over by the State Highway Board in addition to the present System of Highways.
Sec. 2. It is hereby enacted by authority of this Act, that not less than 50% of the total amount now provided by law for the use of the State Highway Department and such other funds as may from time to time be appropriated or provided for road or highway work by the State of Georgia, or from any and all other sources in each year, shall be expended exclusively in paving with such type of pavement to be known to be durable under heavy traffic, and as far as possible in continuing stretches, and to build all necessary bridges, and same to be expended on roads
FRIDAY, AucusT 16, 1929.
911
classified in Section (1) of this Act as the United States Numbered Highways until they are paved.
(b) "Not more than 6% of the total amount now provided by law for use of the State Highway Department, and such other funds as may from time to time be appropriated or provided for roads or highway work by the State of Georgia, or from any and all sources in each year shall be expended in payment of salaries, engineering, rents, overhead and all incidental expenses of the State Highway Department.
(c) "All other funds shall be expended for grading, drainage, preparing roads for paving, maintenance repair and upkeep of the entire Highway System of Georgia, and for emergencies.
(d) If in the opinion of all members of the State Highway Board there are more than sufficient funds for the payment of salaries, engineering, rents and general incidental expenses of the State Highway Department allocated in Subsection (b), and all funds for grading, drainage and preparing roads for paving and maintenance, repair and upkeep of the entire State Highway System, and for emergencies, as provided in Subsection (c), such funds shall be expended for paving and building bridges.
(e) After the United States Numbered Highways as classified in Section One (1) have been paved, then not less than 50% of the total amount now provided by law for use of the State Highway Department, and such other funds as may from time to time be appropriated or provided for road or highway work by the State of Georgia, or from any and all other sources in each year shall be expended exclusively for paving with such type of pavement, as in the discretion of the entire State Highway Board, will be durable on such roads, and as far as possible in continuing stretches, and to build all necessary bridges. Said sums of money shall be expended in each Division Engineer's District in proportion to the State Aid Road mileage in each Division
912
JOURNAL OF THE SENATE,
Engineer's District, where in the opinion of the State Highway Board, it is most necessary and will be for the best interest of the State Highway System of Roads.
Provided, however, it shall be mandatory upon the State Highway Department at all times to see that such funds necessary to meet the Federal Laws appropriating money for the purpose of constructing highways in Georgia are complied with.
(f) On December 31st of each year, if there be any funds left in the treasury of the State Highway Department from any and all sources, it shall remain to the credit of the said State Highway fund and be disbursed the succeeding year in connection with such other funds as may be received from any and all sources as herein provided.
Sec. 3. Sale and Distribution of Surplus Property. Be it enacted and it is hereby enacted, that the State Highway Board shall, immediately after the passage of this Act and on January 1st of each year thereafter, make an inventory of all property, both real and personal, and such property that is worn to such extent that it cannot be used profitably, or is not needed, shall dispose of same to the best advantage either at private or public sale, an itemized statement of all such property sold and the amount sold for, shallbe made and a copy shall be placed on file in the office of the State Highway Board. The proceeds of all such sales shall be paid immediately into the State Treasury, to be distributed as hereinbefore provided.
Sec. 4. It shall be the duty of the Auditor of the State of
Georgia, to make a eletailed audit quarterly of all records, accounts and contracts made by the State Highway Board, and shall report the same to the Governor of the State of Georgia, quarterly as made, said report showing in detail all receipts and expenditures and the purpose for which expended and to whom disbursed. This audit to be made on the first of January, April, July and October of each year.
FRIDAY, AUGUST 16, 1929.
913
Sec. 5. Any member of the State Highway Board, or any person employed by the State Highway Board in connection with carrying on the work outlined in this Act, who shall knowingly, or fraudulently, perform any act with intent to injure the State, or any contractor, or his agent, or employees thereof, or any State Official who shall permit a violation of the contract, or contractor who shall do any work on any highway in violation of contract, and with intent to defraud the State, and the members of the State Highw2y Board employees, or officials so conspiring shall each be guilty of a felony, and upon conviction thereof, shall be confined in the State Prison not less than one year and not more than five years and be liable to the State in a civil action instituted by the State or relation of the State Highway Board for double the amount the State may have lost by reason thereof.
Sec. 6. All contracts or agreements heretofore made or entered into by the existing: state Highway Board as to location and construction of any roads or highways, or for any purpose, shall be and remain in full force and effect and taken over by the State Highway Board provided for in this Act, and all contractors who have entered into any contract with the existing State Highway Board, whether private or municipal, shall carry out such contracts so made and all rights and remedies existing under such contracts by the present State Highway Board or any contractor, shall remain in full force and effect.
Sec. 7. Be it further enacted, that all laws and parts of of laws in conflict with this Act, be and the same are hereby repealed.
Mr. Kidd called for the previous question and the call was sustained.
By unanimous consent the original bill, with all amendments thereto were withdrawn from the consideration of the Senate.
914
JOURNAL OF THE SENATE,
Mr. Sibley of the 19th moved to amend the substitute as follows:
"Amend the Platt Substitute by adding the words to Sec.. "c" as follows: "Gravelling or top-soiling" after the word "maintenance".
The amendment was adopted.
Mr. Terrell of the 36th moved to amend the substitute as follows:
"Amend section 5 by adding at the end of said section the following "Provided, however, the jury trying the case may recommend misdemeanor punishment."
The amendment was adopted.
The substitute, as amended, was adopted.
The report of the c0mmittee, which was favorable to the passage of the bill by substitute as amended, was agreed to.
On the passage of the bill Mr. Mathews called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Alston, G. C. Brewer, J. C. Ford, P. B. Goode, Geo. L. Harris, B. F.
Kidd, w. J.
King, E. R.
Lane, w. T.
Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. Mickle, C. M. Myrick, Shelby Nichols, A. J. Pitner, J. M. Platt, Wm. H.
Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Whaley, W. V. Williams, E. M. Wright, Seaborn Mr. President
Those voting in the negative were Messrs.:
Allen, Wade Atkinson, B. A. Barrett, J. B. R. Bird, A. J.
Davis, :r. s.
Fletcher, J. M.
Garrison, J. M. Hyman, J. E. Lankford, Geo. W. McElmurray, W. L. Paulk, R.
Peek, Chas. W. Peebles, Leon L. Tyson, Wm. S. Vaughn, C. R. Williams, Felix C.
FRIDAY, AuGUsT 16, 1929.
915
On the passage of the bill the ayes were 26, nays 16.
The bill having received the requisite constitutional majority was passed.
The following communication was read by the Secretary:
By Senator R. Paulk, of the 47th District; Senator J. H.
Dorsey of the 48th District; and Senator H. F. Lawson of the 14th District-
The citizens of Crisp, Turner and Dooly Counties extend to the members of the Georgia General Assembly a most cordial invitation to attend the National Highway Paving Celebration at Cordele on next Wednesday, August. 21st.
This event will celebrate the completion of the paving on the National Highway between Atlanta and Key West, Florida, and it will be attended by the citizens of Crisp, Dooly and Turner Counties, and distinguished guests from a score or more of other cities along the route of the National Highway, including Macon, Atlanta and New York. In addition to addresses by a number of outstanding speakers, there will be a parade of beautifully decorated automobile floats.
The completion of the paving of the important link in the National Highway between Atlanta and the Florida line below Valdosta, marks an epoch in the improvement of one of the country's longest and most popular highways.
The citizens of the three counties sponsoring the celebration earnestly urge as many members of the General Assembly as possible to attend.
Respectfully submitted,
PAULK of the 47th, Chairman.
DoRSEY of the 48th,
LAwsoN of the 14th,
.916
JouRNAL oF THE SENATE,
Mr. Myrick of the 1st moved that the invitation be gratefully accepted, but on account of the pressure of business in the Senate, the members thereof are unable to attend, and the motion prevailed.
Mr. Allen moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until this afternoon at 3:00 o'clock.
AFTERNOON SESUON,
AuausT 16, 1929.
The Senate met pursuant to adjournment at 3:00 o'clock P.M. this afternoon and was called to order by the President.
The following bill was introduced, read the first time and referred to committee:
By Mr. Zellars of the 30th-
Senate Bill No. 283. A bill to amend an Act codifying School laws of Georgia.
Referred to Committee on Education.
Mr. Lawson of the 14th gave notice that at the proper time he would move that the Senate reconsider its action in defeating Senate Bill No. 211.
Mr. Williams of the 27th moved that when the Senate adjourn today it stand adjourned until 10:00 o'clock A. M. Monday, August 19, 1929.
Mr. Myrick of the 1st moved that when the Senate adjourn today it stand adjourned until 9:01 o'clock A. M. tomorrow morning.
The motion by Mr. Williams of the 27th was lost.
FRIDAY, AuousT 16, 1929.
917
The motion by Mr. Myrick was adopted.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following Bill of the Senate and has instructed me, as Chairman, to report the same hack to the Senate with the recommendation that the same do pass:
Senate Bill No. 281.
Respectfully submitted,
DA' Is, Chairman.
Mr. Hyman of the 20th District, Chairman of the Committee on General Judiciary N urn her One, suhmi tted the following report:
Mr. President:
Your Committee on General Judiciary Number One has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same hack to the Senate with the recommendation that the same do not pass:
Senate Bill No. 282.
Respectfully submitted,
HYMAN, Chairman.
Mr. Atkinson of the 4th District, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. President:
Your Committee on Military Affairs has had under consideration the following Resolution of the House and has in-
918
JOURNAL OF THE SENATE,
structed ~e, as Chairman, to report the same back to the
Senate with the recommendation that the same do pass:
House Resolution No. 142.
Respectfully submitted,
ATKINSON, Chairman.
The following bill, favorably reported, was read the second time:
By Mr. Lankford of the 15th-
Senate Bill No. 281. A bill to amend an Act creating a new charter for Vidalia.
By unanimous consent the following bill was withdrawn from the Committee, read the second time and recommitted:
By Mr. WilliCJms of the 27th-
Senate Bill No. 279. A bill to permit counties and municipalities to extend Public funds.
The following resolutions were read and adopted:
By Messrs. Mickle of the 37th and Peek of the 38th-
Senate Resolution No. 60. A resolution inviting American Society for prevention of Cancer to visit and inspect Georgia.
By Messrs. Cail of Screven, Battle of Muscogee, Lewis of Hancock, Still and Miss Kempton of Fulton-
House Resolution No. 142. A resolution relating to the 122nd Infantry.
The following bill was read the third time and placed upon its passage:
FRIDAY, AucusT 16, 1929.
919
By Messrs. Cone of Bulloch and Culpepper of Fayette-
House Bill No. 331. A bill to amend an Act levying a tax on cigars, and cigarettes:
Mr. Mathews of the 23rd called for the previous question and the call was sustained.
The Committee on Finance moved to amend the bill as follows:
"Amerid by the addition of a paragraph to Section 7, of said bill to be known as Section seven (a) in the following language, to-wit:
"7 (a): It shall further be the duty of every person, firm association or corporation purchasing cigarettes, cigars,; stogies, or cheroots, when receiving shipments of cigarettes, cigars, stogies or cheroots, to plainly and correctly stamp the date and hour of the receipt of such goods in their respective places of business, and within twenty four hours thereafter place the proper revenue stamps on such goods."
And that said House Bill No. 331 be further amended by addition of a paragraph to Section 10, of said bill to be known as Paragraph 10 (a), in the following language to-wit:
Paragraph 10 (a): No property rights of any character shall exist in either cigarettes, cigars, stogies or cheroots kept by any person, firm, association or corporation for purposes of sale for a greater length of time than twenty four hours after their receipt at or in the place of business of such person, firm, association or corporation without the revenue stamps, required by the terms of this Act, be affixed as herein prescribed. And the Revenue Commissioner is hereby authorized, and it shall be his duty, to seize any such cigarettes, cigars, stogies or cheroots remaining in the hands of any dealer for more than twenty four hours unstamped, as provided for herein. Said Revenue Commissioner shall, after advertising the goods so seized for thirty days sell same to the highest bidder. In addition to the purchase price of
920
JOURNAL OF THE SENATE,
such goods, the successful bidder shall be required to purchase revenue stamps for the goods so purchased. And it sha,ll be the duty of said Revenue Commissioner to coer into the Treasury any and all sums of money obtained by such sales, after all expenses incident to the seizure and confiscation of such goods have been paid."
Mr. Redwine moved to amend the Committee amendment as follows:
Section 1. Be it further enacted, that in all cases of seizure of any cigars, cigarettes, stogies or cheroots as being subject to forfeiture under the provisions of this Act which in the opinion of the officer, or person making the seizure, of the appraised value of twenty-five ($25.00) dollars, or more, the said officer or person, shall proceed as follows:
First. He shall cause list containing a particular description of the tobacco products seized to be prepared in duplicate and an appraisement thereof to be made by three sworn app~isers to be selected by him who shall be respectable and dis~terested citizens of the State of Georgia, residing within the county the seizure was made. Said list and appraisement shall be properly attested by said officer, or person, and the said appraiser, for which service each of said appraisers shall be allowed the sum of one ($1.00) dollar per day, not exceeding two (2) days, to be paid by the Commissioner of Revenue out of any revenue received by him of the sale of the confiscated goods of the individuals or companies which may be affected.
Second. If the said goods are believed by the officer making the seizure to be of less value than Twenty-Five ($25.00) Dollars, no appraisement shall be made.
Third. The said officer, or person shall proceed to publish a notice for 15 days, in writing, at the Courthouse door in the County where the seizure was made, describing the articles and stating the time and place and cause of their seizure and requiring any person claiming them to appear
FRIDAY, AUGUST 16, 1929.
921
and make such claims in writing within thirty (30) days from the date of the seizure, a copy of such notice shall be served upon the owner, or person in charge of said articles, if the owner be unknown, within five days of the date of seizure; the notice herein provided for shall be in the name of the commissioner of Revenue and may be served by any officer now authorized by law to serve civil process, or by any duly authorized employee of the Department of Revenue.
Fourth. Any person, claiming the said goods so seized as contraband within the time specified in the notice may file with the Clerk of the Superior Court of the County, where seizure is made a claim in writing, stating his interest in the articles seized, and may execute a bond to the Commissioner of Revenue in a penal sum equal to double the value of said goods so seized but in no case shall said bond be less than the sum of Fifty ($50.00) Dollars, with sureties to be approved by the Clerk of the Superior Court in the county in which the goods are seized, conditioned that in the case of condemnation of the articles so seized, the obligers shall pay to the Commissioner of Revenue the full value of the goods so seized and all costs and expenses of the proceedings to obtain such condemnation, including a reasonable attorney's fee. And upon the delivery of such bond, and copy as aforesaid, the Commissioner of Revenue shall transmit the same with the duplicate list of description of the goods seized to the Solicitor-General of the circuit in which such seizure was made, and the said Solicitor-General or Solicitor of City Court shall prosecute the case to secure the forfeiture of the said goods, in the court having jurisdiction. Upon the filing of the bond aforesaid the said property seized shall be delivered to the claimant pending the outcome of said case, which said claim shall be tried and disposed of as other claim cases under the laws of this State. For the services in such cases offorfeiture as herein provided the Solicitor-General shall receive ten ($10.00) dollars in said case, provided, said sum does not exceed one half of the amount involved and when the amount involved does not
922
JouRNAL OF THE SENATE,
exceed twenty ($20.00) dollars he shall receive one-half of the amount recovered.
Fifth. If no claim is interposed and no bond given within the time specified or if claim is made and not sustained, the said Solicitor-General or Solicitor of City Court may apply to the Judge of the Superior Court or Judge of City Court of the County where said property has been seized for an order or judgment and for the sale of said property at public outcry at the Court House door of said County after three days' advertisement by posting same at the Court House door of said County. The proceeds of such sale when received by the Commissioner of Revenue shall be turned into the State Treasury as other revenues are required by law to be turned in.
Sec. 2. Be it further enacted, that the Commissioner of Revenue may in his discretion return any goods confiscated under this Act, or any part thereof, when it is shown that there was no intention to violate the provisions of this Act: Provided, when any goods, are confiscated under the provisions of this Act, the Commissioner of Revenue may, in his discretion, return such goods to the parties from whom they were confiscated if, and when, such parties shall pay to the Commissioner of Revenue, or his duly authorized representative, an amount equal to the assessed value of the goods confiscated, and in such cases no advertisement shall be made or notices posted in connection with said confiscation.
The Commissioner of Revenue may promulgate rules and regulations governing the stamping of any articles or commodities enumerated herein handled by persons, firms or corporations operating as inter-state common carriers, or peddlers.
The amendment to the amendment was adopted. The Committee amendment, as amended was adopted.
FRIDAY, AuGUsT 16, 1929.
923
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 35, nays 4.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Mathews of the 23rd-
Senate Bill No. 211. A bill to amend an Act reorganizing and reconstituting the State Highway Department.
Mr. Paulk moved that the Senate do now adiourn and the
motion was lost.
.
Mr. King called for the previous question and the call was sustained.
The Committee moved to amend the bill as follows:
AMENDMENT TO SENATE BILL NO. 211.
The Committee moves to amend Senate Bill No. 211 by striking therefrom all of Section 7 and inserting in lieu thereof the following:
(B) Sec. 7. Wherever there is a credit balance standing to the credit of such Special Highway Account of any County which is a legal creditor of the State Highway Department under existing laws, the same, or any part thereof, may be used by said Highway Department in paying such county on such indebtedness.
Also by striking from said Bill all of Section ten (10) thereof.
Also by adding another section, to be called Section thirteen (13), as follows:
924
JouRNAL OF THE SENATE,
(C) Sec. 13. Any Highway District in this State which ha~ ~eeh ~rganized as such and which has advanced money tt> the State Highway Department, shall be reimbursed or paid, in accordance with the provision of this Act, as though said Highway District were a single county until said indebtedness is retired in full; and for all other purposes, under this Act, said Highway District shall be disregarded as a Highway District, and the several Counties composing said Highway pistrict shall be treated and considered as separate counties.
Also as follows:
Providing nothing in this Act shall be construed so as to either charge or receive interest on any sums due or charged to or against any County on December 31, 1929, or any time prior thereto; and interest shall run only on sums allotted on and after January 1, 1930.
The committee amendments were adopted.
On the passage of the bill Mr. Mathews called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Bird, A. J. Dame, George M. Davis, J. S. Goode, Geo. L. Ham, T. C. Harris, B. F. Hyman, J. E.
Kidd, w. J.
King, E. R.
Lane, W. T. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Myrick, Shelby Paulk, R. Peek, Chas. W. Peebles, Leon L.
Platt, Wm. H. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Tyson, Wm. S. WhaleY, W. V. Williams, E. M. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Brewer, J. C.
Fletcher, J. M. Ford, P. B. Lankford, Geo. W. Nichols, A. J. Pitner, J. M.
Rawls, H. G. Vandiviere, H. G. Vaughn, C. R. Williams, Felix 0.
FRIDAY, AUGUST 16, 1929.
925
On the passage of the bill the ayes were 29, nays 14.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Rawls moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until to. morrow morning at 9:00 o'clock.
926
JOURNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA., SATURDAY, AuausT 17, 1929.
The Senate met pursuant to adjournment at 9:01 o'clock, A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the committee on Journals, reported that the journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.
Mr. Lawson moved that the Senate reconsider its action of yesterday in defeating Senate Bill No. 124, and the motion prevailed.
The following bill was introduced, read the first time and referred to committee:
By Mr. Williams of the 27th-
Senate Bill No. 284. A bill to increase salary of Commissioner of Commerce and Labor.
Referred to Committee on Commerce and Labor.
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. Whaley of the 35thSenate Bill No. 259. A bill to be entitled an Act
SATURDAY, AuausT 17, 1929.
927
:authorizing banks in cities in certain counties to establish branch banks, and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bill of the Senate, to-wit:
By Mr. Neill of the 24th-
Senate Bill Ko. 3. A bill to define and declare the amount of highway mileage of this State 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 reqmslte constitutional majority the following resolution of the Senate, to-wit:
By Mr. Terrell of the 36th-
Senate Resolution :\o. 40. A resolution that the Department of Archives and History be moved from the State Capitol to the Rhodes Home.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional maj~rity the following bills and resolutions of the House, tO-Wit:
By Mr. Key of Jasper and othersHouse Bill No. 314. A bill to be entitled an Act to pro-
928
JOURNAL OF THE SENATE,
vide for the raising of revenue by a tax upon the privilege of engaging in certain occupations, and for other purposes.
By Mr. Alexander of Chatham-
House Bill No. 362. A bill to be entitled an Act to make appropriations for the fiscal years 1930 and 1931, and for other purposes.
By Mr. Brown of Emanuel-
House Bill No. 599. A bill to be entitled an Act to provide for the appointment of auditors in certain counties, and for other purposes.
B.y Mr. Lee of Bacon-
House Bill No. 791. A bill to be entitled an Act to authorize tax collectors of certain counties to collect and levy tax fi. fas., and for other purposes.
By Messrs. McElreath and Peebles of Bartow-
House Bill No. 820. A bill to be entitled an Act to create the office of Tax Commissioner for Bartow County, and for other purposes.
By Mr. Cochran of Thomas-
House Bill No. 835. A bill to be entitled an Act to amend the Act establishing the City Court of Thomasville and for other purposes.
By Messrs. Gillen and Cooper of Bibb-
House Bill No. 837. A bill to be entitled an Act to amend the charter of the City of Macon, and for other purposes.
SATURDAY, AuousT 17, 1929.
929
By Mr. Hatcher cf Johnson-
House Bill No. 838. A bill to be entitled an Act to amend the Act establishing the City Court of Wrightsville, and for other purposes.
By Mr. Patten of Lanier-
Hause Bill No. 834. A bill to be entitled an Act to amend the constitution providing for the City of Lakeland to incur additional indebtedness, and for other purposes.
By Messrs. Grayson, Alexander and Mills of Chatham-
House Resolution No. 144. A resclution requesting the preservation cf the U. S. S. Olympia by the Navy Department.
The following House bills were read the first time and referred to committees:
By Mr. Key of Jasper and others-
House Bill No. 314. A bill to provide for the raising of revenue. by a tax upon the privilege of engaging in certain occupations.
Referred to Committee on Finance.
By Mr. Alexander of Chatham-
House Bill No. 362. A bill to make appropriations fer fiscal years 1930 and 1931.
Referred to Committee on Appropriations.
By Mr. Brown of Emanuel-
House Bill No. 599. A bill to provide for the appointment cf auditors in certain counties.
Referred to Committee on Counties and County Matters.
930
JouRNAL OF THE SENATE,
By Mr. Lee of Bacon-
House Bill No. 791. A bill to authorize tax collectors in certain counties to collect tax fi. fa<>.
Referred to Committee on Counties and County Matters.
By Mr. McElreath and Peebles of BartowHouse Bill No. 820. A bill to create office of Tax Com-
missioner for Bartow County. Referred to Committee on Counties and County Matters.
By Mr. Patten of LanierHause Bill No. 824. A bill to amend constitution allow-
ing City cf Lakeland to incur additional indebtedness. Referred to Committee on Constitutional Amendments.
By Mr. Cochran of Thomas-
House Bill No. 835. A bill to amend an Act establishing City Court of Thomasville.
Referred to Committee on Special Judiciary.
By Mr. Gillen and Cooper of BibbHouse Bill No. 837. A bill to amend the charter of the
City of Macon. Referred to Committee on Municipal Government.
By Mr. Hatcher of JohnsonHouse Bill No. 838.. A bill to amend an Act establish-
ing the City Court of Wrightsville. Referred to Committee on Special Judiciary.
Mr. Dorsey of the 48th District, Chairman of the Com-
SATURDAY, AUGUST 17, 1929.
931
mittee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bills Nos. 274 and 280.
Respectfully submitted,
DoRsEY, Chairman.
Mr. Brewer of the 46th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. President:
Your Committee on State of the Republic has had under ccnsideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
Senate Bill No. 193.
Respectfully submitted,
BREWER, Chairman.
Mr. Zellars of the 30th District, Chairman of the Ct'mmittee on Education, submitted t~e following report:
Mr. President:
Your Committee on Education has had under consideration the following bill of the House and has instructed me,
932
JOURNAL OF THE SENATE,
as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 796 do pass. Respectfully submitted, ZELLARS, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill Nos. 832-833-825.
Respectfully submitted,
DAVIS, Chairman.
Mr. Whaley of the 35th District, Chairman of the Committee on Public Property, submitted the following report:
Mr. President:
Your Committee on Public Property has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same. back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 63.
Respectfully submitted,
WHALEY, Chairman.
SATURDAY, AuousT 17, 1929.
933
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the following bills of the House and of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 821.
Senate Bill No. 822.
Respectfully submitted,
LANE, Chairman.
Mr. Zellars of the 30th District, Chairman of the Committee on Education and Public Schools, submitted the following report:
Mr. President:
Your Committee on Education and Public Schools has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bills Nos. 523 and 524.
Senate Bill No. 283.
Respectfully submitted,
ZELLARs, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
934
JOURNAL OF THE SENATE,
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bills Nos. 732 and 734. Respectfully submitted, DoRsEY, Chairman.
Mr. Pitner of the 50th District, Vice~Chairman of the Committee on Manufactures, submitted the following report:
Mr. President:
Your Committee on Manufactures has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
Senate Bill No. 225. Respectfully submitted, PITNER, Vice-Chairman.
Mr. Pitner of the 50th District, Vice-Chairman of the Committee on Manufactures, submitted the following report:
Mr. President:
Your Committee on Manufactures has had under consideration the following Senate Bill No. 184 and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass.
Respectfully submitted,
PITNER, Vice-Chairman.
SATURDAY, AucusT 17, 1929.
935
Mr. Pitner of the 50th 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 has had under consideration the following Senate Bill No. 278 and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Respectfully submitted,
PITNER, Chairman.
The following bills, favorably reported, were read the second time:
By Mr. Williams of the 16th-
Senate Bill No. 274. A bill to amend an Act establishing the City Court of Wrightsville.
By Mr. Lawson of the 14th-
Senate Bill No. 278. A bill to amend an Act establishing College of A. & M. Arts.
By Mr. Goode of the 31st-
Senate Bill No. 280. A bill to provide for licensing of autot11obile drivers.
By Mr. Zellars of the 30th-
Senate Bill No. 283. A bill to amend an Act codifying school code of Georgia.
By Fulton Delegation-
House Bill No. 523. A bill to authorize boards of education of certain counties to create a pension fund for teachers.
936
JOURNAL OF THE SENATE,
By Fulton Delegation-
House Bill No. 524. A bill to authorize boards of education of certain counties to insure lives and health of employees.
By Mr. Stewart of Atkinson-
House Bill No. 732. A bill to provide for holding three terms a year of Atkinson Superior Court.
By Mr. Mundy of Clayton-
House Bill No. 734. A bill to amend an Act creating the City Court of Jonesboro.
By Mr. Goolsby of Monroe-
House Bill No. 796. A bill to create County of Monroe as a whole tax district.
By Mr. Collier of Madison-
House Bill No. 821. A bill to amend the charter of the City of Colbert.
By Mr. Wind of Grady-
House Bill No. 822. A bill to amend the charter of Cairo.
By Mr. Trotter of Taliaferro-
Hause Bill No. 825. A bill to amend an Act granting the charter to the Town of Crawfordville.
By Richmond Delegation-
House Bill No. 826. A bill to amend an Act creating board of commissioners of Richmond County.
SATURDAY, AUGUST 17, 1929.
937
By Mr. Kennedy of Lamar-
House Bill No. 832. A bill to amend an Act chartering the City of Barnesville.
By Mr. Kennedy of Lamar-
House Bill No. 833. A bill to provide for extension of police power of Barnesville.
By unanimous consent the following bills were withdrawn from the committee on Counties and County matters read the second time and recommitted:
By Messrs. Rosser of Walker and Stewart of Atkinson-
House Bill No. 815. A bill to abolish officer of Tax Commissioner in and for Atkinson County.
By Mr. Sloan of Hall-
House Bill No. 827. A bill to amend code permitting certain counties to levy a road maintenance tax.
The following bills were read the third time and placed upon their passage:
By Mr. Lankford of the 15th-
Senate Bill No. 281. A bill to amend the charter of the City of Valdosta.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Still of FultonHouse Bill No. 778. A bill to amend an Act creating
new charter for the City of Atlanta.
938
JOURNAL OF THE SENATE,
Mr. Whaley moved to amend the bill as follows:
"Amend by adding after the word "Avondale" whereever the same occurs in said bill the following word "Estates".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
By Messrs. Edwards and Ashley of Lowndes-
House Bill No. 813. A bill to amend charter of the City of Valdosta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional
majority was passed.
..
The following resojution W<l;S read and adopted.
By Mr. Whaley of the 35th-
Senate Resolution No. 63. A resolution providing for the preservation of the Confederate Flags in the Capitol.
The following resolution was read and adopted.
By Chatham Delegation-
House Resolution No. 144. A resolution requesting the Navy Department to preserve the U. S. S. Olympia.
The Committee on Rules, through its Vice-Chairman, Mr. Myrick of the 1st, submitted the following report.
SATURDAY, AuGUST 17, 1!:}29.
939
Mr. President: Your committee on Rules has established the following
as the calendar for Saturday August 17th, 1929, to-wit: House Bill No. 15. Armistice Day Resolution. Senate Bill No. 262. Peach Bill. Senate Bill No. 68. District School Bill. Senate Bill No. 130. Fixing Salaries Secretary Supreme
Court. Senate Bill No. 22. Game and Fish. Senate Resolution No. 66. Georgia Code Commission.
The following bill was read the third time and placed upon its passage:
By Messrs. Grayson, Alexander and Mills of Chatham-
House Bill No. 15. A bill to declare Armistice day a legal holiday.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was taken up for consideration.
By Mr. Whaley of the 35th-
Senate Bill No. 68. A bill to abolish the A. & M. Schools.
Mr. Pitner asked unanimous consent that further consideration of the bill be postponed until Monday August 19th, 1929.
Mr. Williams of the 27th objected.
940
JouRNAL OF THE SENATE,
Mr. Pitner moved that further consideration of the bill be postponed until Monday August 19th, 1929, and the motion prevailed.
The following bill was read the third time and taken up for consideration.
By Mr. Tyson of the 2nd-
Senate Bill No. 130. A bill to increase salaries of secretaries for Supreme Court and Court of Appeals.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill Mr. Tyson called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Alston, G. C. Atkinson, B. A. Bird, A. J. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Goode, Geo. L.
King, E. R. Lane, W. T. Lawson, H. F. Mathews, Sam M. Myrick, Shelby Nichols, A. J. Platt, Wm. H.
Redwine, Chas. D. Smith, Jno. A. Tyson, Wm. S. Vandiviere, H. G. Williams, E. M. Williams, Felix C. Zellars, B. B.
Those voting in the negative were Messrs.:
Barrett, J. B. R. Brewer, J. C. Dame, George M. Ford, P. B. Ham,T. C.
Hyman, J. E.
Kidd, w. J.
Lokey, C. E. McElmurray, W. L. Paulk, R.
Peek, Chas. W. Peebles, Leon L. Rawls, H. G. Whaley, W. V.
Mr. Ford asked unanimous consent that the verification of the roll call be dispensed with.
Mr. Rawls objected.
The Secretary proceeded to verify the roll call.
On the passage of the bill the ayes were 22, the nays 14.
SATURDAY, AUGUST 17, 1929.
941
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Tyson gave notice that at the proper time he would move that the Senate reconsider its action in defeating the bill.
Mr. Redwine of the 26th asked unanimous consent that that 200 copies of House Bill No. 314 and 300 copies of House Bill No. 362 be printed for the use of the Senate and House, and the consent was granted.
The following bill was read the third time and taken up for consideration.
By Mr. Williams of the 16th-
Senate Bill No. 22. A bill to revise the fish and game laws of Georgia.
The committee on Game and Fish proposed the following substitute:
A BILL.
To be entitled an Act to repeal Section Two of House Bill No. 427 approved August 26, 1925, said Section prescribing the lawful open season for hunting birds and animals in Georgia, and establishing in lieu thereof the lawful season for hunting birds and animals in said State; to repeal Section 34 of an Act of the General Assembly approved August 8, 1924, said Section prohibiting the use of all nets except hand-drawn nets in the inside salt-waters, etc., and in lieu thereof prohibiting the use of all nets except hand-drawn cast nets in the sounds and outside salt-waters during the months of April, May, June, and July of each year; prohibiting the packing, canning or shipment of shrimp or prawn during said period; providing for the confiscation of nets, seines, boats and other devices used in violation of this Act; requiring a non-resident license of non-resi-
942
JouRNAL oF THE SENATE,
dents fishing in the fresh waters of Georgia, and providing for the use of monies arising from the sale of said licenses; repealing Section 23 of an Act of the General Assembly approved August 26, 1925, said Section requiring the Board of Game and Fish to prohibit fishing in counties during spawning season where recommended by Grand Juries, and to provide in lieu thereof a uniform closed season against fishing throughout the State during the months of May and June of the years 1930, 1931, 1932, 1933, and 1934, except in Dade, Walker, Catoosa, Murray, Fannin, Rabun, \Vhite, Dawson, Chattooga, Whitfield, Gordon, Gilmer, Unicn, Habersham, Lumpkin, Stephens, Pickens, and Towns, and prohibiting fishing in said counties specifically mentioned during the months of November and December; prohibiting the possession, purcJ-.ase and sale of fresh water fish during the closed season prescribed by this Act; prohibiting the use of seines, nets, gigs or other devices for taking fish from the fresh waters of Georgia, but specifically allowing the use of gill nets of four (4 ") inch mesh during the months of November and December; providing for a short term non-resident hunting license; repealing Section 27, of House Bill Number 427 approved August 26, 1925, prescribing a minimum penalty for violation of the game and fish laws, and providing in lieu thereof that all violations of game and fish laws shall be punished as prescribed in Section 1065, of the Penal Code of Georgia; repealing conflicting laws, making it unlawful for any person to kill, shoot or hunt deer within five (5) years of the passage of this Act in certain counties, 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 Section Two of House Bill No. 427, approved August 26, 1925, said section prescribing the lawful season for hunting birds and animals in Georgia, is hereby repealed, and the following is hereby established
SATURDAY, AUGUST 17, 1929.
943
as the lawful season for hunting birds and animals in said state; to-wit, quail and plovers, from November 20th to the last day of February, inclusive; wild turkeys, from November 1st, to the last day of February, inclusive; woodsock and summer or wood duck, from September 1st to December 31st, inclusive; wild geese, from November 1st to January 31st, inclusive; snipe, from November 1st, to January 31st, inclusive; marsh hens, from September 1st, to November 30th, inclusive; doves, from September 1st to September 30th, inclusive, and from November 20th to January 31st, inclusive; deer, from November 1st to December 31st, inclusive; cat squirrels, from October 1st to December 31st, inclusive.
Any person who shall hunt, kill or destroy by any means whatever, or who is in possession of any of the above named birds or animals except between the said days above specified, shall be guilty of a misdemeanor.
Sec. 2. Be it hereby enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that frcm and after the passage of this Act, Section 34 of the Acts of the General Assembly of Georgia of 1924, Page 116 of the Acts of the State of Georgia as approved August 8, 1924, is hereby repealed, said Section reading as follows:
"The use of all nets except hand-drawn nets in the inside salt-water rivers, creeks and estuaries, is hereby prohibited. The use of nets except hand-drawn nets ts prohibited in the sounds of this State during the months of March, April, May, June and July of each year. The boundaries of the sounds are as shown in Bulletin Nineteen (19) of the United States Geodetic Survey. Outside salt-waters are defined as those waters from the outermost part of the coast line to the limit of the three-mile jurisdiction, and embrace that part of the Atlantic Ocean under the jurisdictions of the State of Georgia. Inland salt-waters not included in outside salt-waters and include
944
JouRNAL oF THE SENATE,
all sounds, estuaries, salt-water rivers and creeks. Any one violating any of the provisions of this Act shall be guilty of a misdemeanor."
Sec. 3 Be it further 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 use of all nets, seines, and similar devices for the catching of shrimp, prawn, and fish, except hand-drawn cast nets, in the rivers, creeks and estuaries of the saltwaters of Georgia is hereby prohibited.
Sec. 4. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the use of all nets, except hand-drawn cast nets, is prohibited in the sounds, and the outside saltwaters during the months of April, May, June and July of each year; outside salt waters are defined as those waters from the outer-most part of the coast line to the limit of the three mile jurisdiction of the State of Georgia.
Sec. 5. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that it shall be unlawful for any person, firm or corporation, during the months of April, May, June and July of each year to pack, can or otherwise prepare shrimp and prawn for commercial purposes.
Sec. 6. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that it shall be unlawful for any person, firm or corporation to ship, or to offer to ship or receive for shipment any prawn or shrimp during the months of April, May, June and July of each year.
Sec. 7. Be it further 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, all nets, seines, boats or other devices used in the violation of the terms of this Act shall be confiscated by the State and all
SATURDAY, AUGUST 17, 1929.
945
monies arising from the sale of such devices shall be turned over to the Coastal fisheries Fund; and that any nets, seines or like devices for the catching of fish, prawn and shrimp found in the possession of any person on boats commonly used for the catching of shrimp, fish and prawn found upon boats upon the salt-waters of the State of Georgia except when docked shall be prima facie evidence of an intention to violate the provisions of this Act.
Sec. 8. Be it further 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 unlawful for any person not a resident of the State of Georgia to fish in the fresh waters of Georgia without first procuring a fishing license from the Game and Fish Department of the State of Georgia.
Sec. 9. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that a license to a non-resident of the State of Georgia to fish in the fresh waters of Georgia shall be Three Dollars, each.
Sec. 10. Be it further enacted by the authority aforesaid that all licenses provided for by this Act shall expire on September 30th following date of. issuance.
Sec. 11. Be it further enacted by the authority aforesaid that all monies arising from the sale of fresh water fishing licenses as provided by this Act shall be credited to the game and fish protection fund, to be used for creating, establishing and maintaining fish hatcheries for propagating and restocking fish in the fresh waters of this State.
Sec. 12. Be it further enacted by the authority aforesaid that from and after the passage of this Act, Section 23 of the Acts of 1925, page 308, of the Acts of the General Assembly of 1925, approved August 26, 1925, is hereby repealed, and said Section reading as follows, to-wit:
946
JOURNAL OF THE SENATE,
"Sec. 23. Be it further enacted, that upon the recommendation of the Grand Jury of any county, the said Board of Game and Fish shall have the power to regulate or prohibit the taking of fish from any streams or other waters of this State during any month or months in which said fish in said waters commonly spawn. That when such recommendation has been made by any Grand Jury and a certified copy thereof prepared by the Clerk of the Superior Court of the County in which such action is had and transmitted to the Board of Game and Fish, it shall be the duty of said Board and it shall be required to immediately pass an order carrying out the recommendation of said Grand Jury and advertise said order in the county effected in a newspaper of General circulation therein once a week for four weeks, and such order shall not be effective until thus advertised. That the recommendation of the Grand Jury as aforesaid shall specify the period of time during which said fishing shall be regulated or prohibited"; so that when said Section 23 is repealed, the following is enacted into the laws of the State.
Sec. 13. Be it further enacted, that from and after the passage of this Act, it shall be unlawful for any person to fish in any of the fresh waters of the State of Georgia during the months of April and May of 1930, 1931, 1932, 1933 and 1934, except as provided in Sections 3 and 4 of this Act; provided, however, that this Section shall not be construed to prohibit fishing in private ponds, lakes. Provided further that any person owning a private pond, lake or other bodyofwaterwherein the water is held by artificial dams may fish in the same at anytime and in any manner except by dynamite or any methods of poisoning.
Sec. 14. Be it further enacted, that the closed season mentioned in Section 13 of this Act shall not apply to the Counties of Dade, Walker, Catoosa, Murray, Fannin, Rabun, White, Dawson, Chattooga, Whitfied, Gordon, Gilmer, Union, Habersham, Lumpkin, Stephens, Pickens, and Towns.
SATURDAY, AucusT 17, 1929.
947
Sec. 15. Be it further enacted, that from and after the passage of this Act, it shall be unlawful for any person to fish in any of the fresh waters of the Counties of Dade, Walker, Catoosa, Murray, Fannin, Rabun, White, Dawson, Chattooga, Whitfield: Gordon, Gilmer, Union, Habersham, Lumpkin, Pickens and Towns and Stephens during the months of November and December in the years 1930, 1931, 1932, 1933 and 1934; provided, however, that this section shall not be construed to prohibit fishing in private ponds, lakes or other bodies of fresh water at times when such bodies of fresh water have no inlet nor outlet connecting them with running streams bearing fish life. It shall also be unlawful for any person to kill, shoot or hunt deer within five years of the passage of this Act in any of the counties named in this Section.
Sec. 16. Be it further enacted, that it shall be unlawful for any person, firm or corporation to have in their possession or to sell or offer for sale or to purchase any species of fresh water fish during the closed season menti':lned in Section 13, to-wit: during the months of April and May; provided, however, that it also shall be unlawful for any person, firm or corporation to have in their possession, to sell or to offer for s<> le or to purchase any rainbow or brook trout or other species of mountain trout during the closed period prescribed in Section fifteen of this Act, to-wit: November and December.
Sec. 17. Be it further enacted, that it shall be uf'lawfld for any person to take or attempt to take from any of the fresh water streams of this State any fish with seines, nets, gigs, or other devices of like kind or description than with hook and line; provided, however, that the use of gill nets of four inch (4 ") mesh shall be permitted during the months of November and December; provided, further, that nothing in this Act shall prohibit the taking of minnows where a seine is used for such purpose, the seine not to exceed four (4) feet in length; and, provided further, that the provisions of this Act shall not
948
JOURNAL OF THE SENATE,
prohibit the taking of shad fish, sturgeon in the manner and season as is now provided by law; provided, further that the Commission of Game and Fish may, within his discretion, issue permits authorizing the removing of carp, sucker, and gar, or other species of predatory or destructive fish from the fresh waters of this State by such means as the Commissioner may designate.
Sec. 18. Be it further enacted, that Section 1 of Act No. 427 being "An Act for the protection of birds, fish, game", etc., approved August 26, 1925, is hereby amended by adding immediately following the words "op~n season" at the end of line 18 in said Section 1, the following, to-wit: "Provided, however, a non-resident of Georgia may be issued a short term hunting license under the following conditions, to-wit: such short term license shall authorize a non-resident to hunt upon the payment of a fee of Two Dollars and a half ($2.50) for each day's hunting and a fee of $10.00 shall entitle the applicant to a license for one week's hunting," and the game warden or deputy issuing such short term licenses under the provisions hereof shall specify wherein the period or term during which said license is valid; and the Game and Fish Commissioner shall prepare and furnish to all county game wardens the necessary license forms to carry out the provisions thereof", so that said Section One when amended shall 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 a license shall be required to hunt in Georgia and shall be issued only upon a written application, on a form to be prescribed by the Game and Fish Commissioner. Any person who shall make a false statement as to his residence in such application shall be guilty of a misdemeanor. A license may be issued to a person to hunt in his resident county upon the payment of a fee of $1.00; if such application is accompanied by a fee of three dollars ($3.00) the license shall authorize the applicant
SATURDAY, AucusT 17, 1929.
949
to hunt throughout the State. A non-resident of Georgia may procure a license to hunt throughout the state upon the payment of a fee of $25.00. All licenses shall be dated, and if issued in open season shall authorize the holder to hunt during the remainder of said season; and if issued during the closed season shall authorize the holder to hunt during the next succeeding open season; provided, however, a non-resident of Georgia may be issued short term hunting licenses under the following conditions, to-wit: such short term licenses shall authorize a nonresident to hunt upon the payment of a fee of Two dollars and a half ($2.50) for each day's hunting and a fee of $10.00 shall entitle the applicant to a license for one week's hunting, and the game warden or deputy issuing such short term licenses under the provisions hereof shall specify therein the period or term during which said license is valid; and the Game and Fish Commissioner shall prepare and furnish to all county game wardens the necessary license forms to carry out the provisions hereof. The fees from the sale of licenses shall be remitted, less the county warden's commission, to the Game and Fish Commissioner on the first of the month following the sale of licenses, provided, that nothing herein shall prevent a landowner, or his tenants and their families with the landowner's consent from hunting on his own land without a license."
Sec. 19. Be it further enacted, that Section 27 of House Bill Number 427 approved August 26, 1925, said section providing a minimum penalty for violation of the Game and Fish law, is hereby repealed, and it is hereby enacted that all persons violating any of the provisions of this Act, or any of the provisions of the game and fish laws of this State now in force or hereafter enacted, shall be guilty of a misdemeanor and upon conviction, shall be punished as prescribed in Section 1065 of the Penal Code of Georgia; provided, however, that the provisions of this Section shall not change, or affect the penalty described in Section 16 of House Bill Number 427 approved August
950
JOURNAL OF THE SENATE,
26, 1925, for the use of dynamite and other explosives for destroying fish, nor shall it affect other sections of this or other Acts prescribing special penalties for specific violations of the game and fish laws of this State.
Sec. 20. That no shrimp or prawn shall be fished for or caught in the waters of the Atlantic Ocean within the jurisdiction of the State of Georgia except as hereinafter provided for by non-residents or aliens who have not had a continous residence in the State of Georgia for one year and the County six months before fishing for or catching shrimp or prawn.
The Commissioner of game and fish of the State of Georgia shall have authority to enter into an agreement of reciprocity with the Fish Commissioners of other States whereby the citizens of the State of Georgia may be permitted to take or catch shrimp or prawn from the waters under the jurisdiction of such states upon similar agreement to allow such non-residents or aliens to fish for or catch shrimp or prawn within the jurisdiction of Georgia regardless of residence.
Any one violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed in Section 1065 of the Penal Code.
None of the provisions of this Act shall apply to the
counties of Walton, Peach or Fayette, Monroe and Talbot,
Glascock, vVashington, Burke, Jefferson, in as far as same
relates to fish or fishing.
Sec. 21. All laws and parts of laws, in conflict with this Act be, and the same are hereby repealed.
On the substitute and all amendments Mr. Rawls called for the previous question and the call was sustained.
The committee moved to amend the substitute as follows:
"Amend by adding a new section to the bill as follows, to-wit:
SATURDAY, AuausT 17, 1929.
951
Section - That no shrimp or prawn shall be fished for or caught in the waters of the Atlantic ocean within the jurisdiction of the State of Georgia except as hereinafter provided for by non-residents or aliens who have not had a continuous residence in the State of Georgia for one year and the county six months before fishing for or catching shrimp or prawn.
Also amend by adding another section to read as follows: "The Commissioner of Game and Fish of Georgia shall have authority to enter into an agreement of reciprocity with the Fish Commissioners of other States whereby the citizens of the State of Georgia may be permitted to take or catch shrimp or prawn from the waters under the jurisdiction of such states upon similar agreement to allow such non-residents or aliens to fish for or catch shrimp or prawn within the jurisdiction of Georgia regardless of residence.
Also amend by adding another section as follows:
"Any one violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed in section 1065 of the Penal Code.
The committee amendments to the substitute were adopted.
Mr. Tyson moved to amend the substitute as follows:
"Amend Section 15, by adding the following words at end thereof, "It shall be unlawful for any person to kill, shoot or hunt deer within 5 years of the passage of this Act in any of the counties named in this section"; also amend by amending the caption of the substitute to confirm to the above; also amend Section 17, of said bill by adding the word "Sturgeon" just after the words "shad fish" in line 11 of said section; also amend Section 18 by striking from Line 9 the words and figures "Five dollars for each day's hunting", and substituting therefore the following "Two Dollars and a half for each day's hunting
952
JOURNAL OF THE SENATE,
and a fee of $10.00 shall entitle the applicant to a license for one week's hunting", and by amending Sub-section 1 of said section in lines 30 and 31 accordingly."
The amendments were adopted.
Mr. Mathews moved to amend the bill as follows:
"Amend by adding at the end of the last paragraph the following: "That none of the provisions of this Act shall apply to the counties of Walton, Peach or Fayette insofar as same relates to fish or fishing."
The amendment was adopted.
Messrs. Fletcher and Smith moved to amend as follows:
"Amend by adding at the end of last paragraph of bill the following: "That none of the provisions of this Act, insofar as they relate to fish and fishing shall apply or include the counties of Monroe and Talbot."
The amendment was adopted. Messrs. McElmurray and Peebles moved to amend the bill as follows:
"Amend bill so as to exempt Glascock, Washington, Burke and Jefferson counties from the provisions of this Act, providing a closed season for fishing with hook and line."
The amendment was adopted. Mr. Kidd moved to amend the bill as follows:
"By striking from line four of Section 13 of the word "June" and inserting before the word "May" the word "April."
The amendment was adopted.
Mr. Kidd further moved to amend the bill as follows:
"By striking all of that portion of Section 16 thereof,
SATURDAY, AUGUST 17, 1929.
953
which follows after the word "December"; that is to say by striking all of the last sentence of Sec. 16.
The amendment was adopted.
Mr. Smith moved to amend Section 16, as follows: "Inserting the words "April and May" for the words "May andJune'' ;
The amendment was adopted.
Mr. Smith further moved to amend as follows:
"Amend Section 9, by striking "$5.00" and inserting "$3.00."
The amendment was adopted.
Mr. Vandiviere moved to amend as follows:
"Amend Section 13, by striking all remaining words following the word "lake" in line 7 thereof and add to said Section 13, after the word "lake" in said line the following.
"Provided further that any person owning a private pond, lake or other body of water wherein the water is held by artificial dams may fish in the same at anytime and in
.any,manner, except by dynamite or any methods of poison-
mg.
The amendment was adopted.
The substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.
On the passage of the bill the ayes were 30, the nay's 0.
The bill having received the requisite constitutional majority was passed by substitute as amended.
The following resolution was read and adopted:
954
JOURNAL OF THE SENATE,
By Mr. Rawls of the 8th-
Senate Resolution No. 68. A resolution requesting certain information from the Superintendent of Schools.
Mr. Smith moved that the Senate do now adjourn and the motion was lost.
Mr. Rawls asked unanimous consent that when the Senate adjourn today it stand adjourned until Monday August 19th, 1929, at 9:30 o'clock, and the consent was granted.
Mr. Smith moved that the Senate do now adjourn and the motion was lost.
The following resolution was read the third time and placed upon its passage:
By Messrs. Lawson of the 14th, Pitner of the 50th and Terrell of the 36th-
Senate Resolution No. 66. A resolution to provide for the appointment of a commission to revise the Code of Georgia.
Mr. Williams of the 16th called for the previous question and the call was sustained.
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 26, the nays 0.
The resolution having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
SATURDAY, AUGUST 17,_ 1929.
955
By Mr. Williams of the 16th-
Senate Bill No. 264. A bill to amend code relative to testimony of Corporation agents.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and taken up for consideration.
By Mr. Tyson of the 2nd-
Senate Bill No. 185. A bill, to create a district agncultural school for southeast 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 15, the nays 11.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Rawls moved that the Senate do now adjourn and the motion prevailed.
o The President declared the Senate adjourned until
Monday morning, August 19th at 9:30 clock.
956
JOURNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.
MoNDAY, AucusT 19, 1929.
The Senate met pursuant to adjournment at 9:30 o'clock A. M. and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews of the 23rd, Chairman of the Committee on Journals, reported that the journal of Saturday's proceedings had been examined and found correct.
Mr. Tyson gave notice that at the proper time he would move that the Senate reconsider its action in defeating Senate Bill No. 185 on last Saturday.
By unanimous consent the reading of the journal was dispensed with.
Mr. Tyson moved that the Senate reconsider its action in defeating Senate Bill No. 130 on last Saturday, and the motion prevailed.
Mr. Tyson moved that the Senate reconsider its action in defeating Senate Bill No. 185 on last Saturday and the motion prevailed.
The following bills were in traduced, read the first time and referred to committees:
By Mr. Whaley of the 35th-
Senate Bill No. 285. A bill to amend an Act establishing a new charter for Atlanta by granting permission to the Mayor and General Council to exchange that portiun of Maddox Park lying south of North Avenue, east of the A. B. & C. Railroad right-of-way and north of Simpson Street for an equal number of acres lying on Marietta Street, Niles Avenue and right-of-way of A. B. & C. Railroad, provided
MoNDAY, AucusT 19, 1929.
957
that the land obtained in this exchange shall itself be used for and maintained as a public park. This amendment is made because present charter prohibits sale or exchange of any of the park properties.
Referred to Committee on Municipal Government.
By Mr. Whaley of the 35th-
Senate Bill No. 286. A bill to provide for the purchase and disposition of park property in cities in Georgia having a population of more than 200,000 according to 1920 census.
Referred to Committee on Municipal Government.
By Messrs. Whaley of the 35th and Vaughn of the 34th-
Senate Bill No. 287. A bill to provide the method by which County Boards of Education in counties having a population of over 200,000 shall be increased from five to seven members.
Referred to Committee on Education.
By Mr. Redwine of the 26th-
Senate Resolution No. 69. A resolution authorizing the State Librarian to furnish certain volumes of Supreme Court and Court of Appeals reports to the Ordinary of Fayette County.
Referred to Committee on Public Library.
The following message was received from the House through Mr. Moore, the clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills and resolutions of the House, te-wit:
958
JOURNAL OF THE SENATE,
By Messrs. McClain of Pickens and Rosser of Walker-
House Bill No. 659. A bill to be entitled an Act to prohibit shooting, hunting or killing deer in certain counties~ and for other purposes.
By Messrs. Alexander, Grayson and Mills of Chatham-
House Bill No. 669. A bill to be entitled an Act to amend the Act prescribing the rights, duties, etc. of the Coastal Highway District, and for other purposes.
By Messrs. New, Coleman and Beddingfield of Laurens-
House Bill No. 697. A bill to be entitled an Act to repeal the charter of the Town of Rockledge, and for other purposes.
By Mr. Blalock of Rabun-
House Bill No. 744. A bill to be entitled an Act to provide for hunting cat squirrels in Rabun County, and for other purposes.
By Messrs. Crawford, Davis and Lanham of Floyd-
House Bill No. 761. A bill to be entitled an Act to amend the Code increasing the compensation of County Surveyors in certain counties, and for other purposes.
By Messrs. Alexander, Ramspeck and Weekes ofDeKalb-
House Bill No. 828. A bill to be entitled an Act to amend the charter of the City of Stone Mountain, and for other purposes.
By Mr. Colson of Glynn-
House Bill No. 839. A bill to be entitled an Act to amend the charter of the City of Brunswick, and for other purposes.
MoNDAY, AuousT 19, 1929.
959
By Messrs. Cochran and Mardre of Thomas-
House Bill No. 841. A bill to be entitled an Act to amend the Act reincorporating the Town of Thomasville, and for other purposes.
By Mr. Kennedy of Lamar-
House Bill No. 842. A bill to be entitled an Act to create a Board of County Commissioners of Roads and Revenues for the County of Lamar, and for other purposes.
By Messrs. Alexander, Ramspeck and Weekes ofDeKalb-
House Bill No. 843. A bill to be entitled an Act to amend the Act creating a new charter for the City of Chamblee, and for other purposes.
By Messrs. Alexander, Ramspeck and Weekes of DeKalb-
House Bill No. 845. A bill to be entitled an Act to amend the Act creating a charter for the Town of Doraville, and for other purposes.
By Mr. Barrett of Stephens-
House Resolution No. 131. A resolution regulating the distribution of motor vehicle list by the Secretary of State.
By Messrs. McKoy and Kinnard of CowetaHouse Resolution No. 135. A resolution for relief of
V. E. Manget as security on bond.
By Mr. Cooper of BibbHouse Resolution No. 136. A resolution for relief of A.
J. Ryals, Sr., as surety on bond.
By Mr. Martin of Troup-
House Resolution No. 138. A resolution for relief of M. Strickland and A. E. Daniel as sureties on bonds.
960
JOURNAL OF THE SENATE,
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has agreed to the Senate Amendments and Substitute to the following Bills of the House, to wit:
By Messrs. Moore and Parker of Colquitt-
House Bill No. 17. A bill to be entitled an Act to amend the Act providing for an occupation tax on motor fuels, and for other purposes.
By Mr. Colson of Glynn-
House Bill No. 275. A bill to be entitled an Act to authorize special districts in Glynn County for sanitation, etc., and for other purposes.
By Mr. Still of Fulton-
House Bill No. 778. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.
By Mr. Slater of Bryan-
House Bill No. 784. A bill to be entitled an Act to repeal Sec. 11, page 508 of the Acts of 1927, relating to the duties of the County Commissioners of Bryan County, 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 requtstte constitutional majority the following bills and resolutions of the Senate. to-wit:
MoNDAY, AucusT 19, 1929.
961
By Mr. Whaley of the 35th-
Senate Bill No. 38. A bill to be entitled an Act to require automobile owners to file certain information with the Secretary of State, and for other purposes.
By Mr. Ford of the lOth-
Senate Bill No. 161. A bill to be entitled an Act to amend the Cooperative Marketing Act, and for other purposes.
By Mr. Brewer of the 46th-
Senate Bill No. 249. A bill to be entitled an Act to change the name of the South Georgia Junior State College, and for other purposes.
By. Mr. Brewer of the 46th-
Senate Bill No. 254. A bill to be entitled an Act to create a new charter for the City of Douglas, and for other purposes.
By Mr. Vandiviere of the 39th-
Senate Bill No. 267. A bill to be entitled an Act to amend the charter of the Town of Canton, and for other purposes.
By Mr. Mathews of the 23rd-
Senate Resolution No. 50. A resolution for relief of Stalworth, Luce and Bledsoe as sureties.
By Mr. Cook of the 45th and others-
Senate Resolution No. 52. A resolution for relief of Haile, Williams and Hansen as sureties.
By Mr. Dorsey of the 48thSenate Resolution No~ 57. A resolution for relief of
J. Q. Wilson, as security on bonds.
962
JouRNAL OF THE SENATE,
By Mr. Dorsey of the 48th-
Senate Resolution No. 58. A resolution for relief of J. Q.
Wilson as security on bonds.
The following resolutions and bills of the House were read the first time and referred to committees:
By Mr. Barrett of StephensHous~ Resolution No. 131. A resolution regulating the
distribution of motor vehicle list by the Secretary of State.
Referred to Committee on General Judiciary No. 1.
By Messrs. McKoy and Kinnard of CowetaHouse Resolution No. 135. A resolution to relieve V: E.
Manget as surety on bond.
Referred to Committee on Special Judiciary.
By Mr. Cooper of BibbHouse Resolution No. 136. A resolution to release A. J.
Ryals as surety on bond.
Referred to Committee on Special Judiciary.
By Mr. Martin of TroupHouse Resolution No. 138. A resolution to relieve M.
Strickland and A. E. Daniel as sureties on bond.
Referred to Committee on Special Judiciary.
By Messrs. McClain of Pickens and Rosser of Walker-
House Bill No. 659. A bill to prohibit shooting, hunting or killing deer in certain counties.
Referred to Committee on Game and Fish.
MoNDAY, AucusT 19, 1929.
963
By Chatham Delegation-
House Bill No. 669. A bill to authorize appointment of fiscal agent to collect assessments in Coastal Highway District.
Referred to Committee on Highways.
By Laurens Delegation-
House Bill No. 697. A bill to repeal the charter of the town of Rockledge.
Referred to Committee on Corporation-
By Mr. Blalock of RabunHouse Bill No. 744. A bill to provide for hunting cat
squirrels in Rabun County. Referred to Committee on Game and Fish-
By Floyd DelegationHouse Bill No. 761. A bill to amend Code relating to
County Surveyor in certain counties. Referred to Committee on General Judiciary No. 2.
By DeKalb DelegationHouse Bill No. 828. A bill to amend the charter of the
City of Stone Mountain. Referred to Committee on Corporations.
By Mr. Colson of Glynn-
House Bill No. 839. A bill to amend the charter of the City of Brunswick.
Referred to Committee on Municipal Government.
964
JouRNAL OF THE SENATE,
By Thomas DelegationHouse Bill No. 841. A bill to amend an Act remcor-
porating the town of Thomasville. Referred to Committee on Municipal Government.
By Mr. Kennedy of LamarHouse Bill No. 842. A bill to create a Board of County
Commissioners of Roads and Revenues for Lamar County. Referred to Committee on Counties and County Matters.
By DeKalb Delegation-
House Bill No. 843. A bill to amend an Act creating new charter for the City of Chamblee.
Referred to Committee on Municipal Government.
By DeKalb Delegation-
House Bill No. 845. A bill to amend an Act creating a new charter for the Town of Doraville.
Referred to Committee on Corporations.
Mr. Tyson of the 2nd District, Chairman of the Committee on ~ailroads, submitted the following report:
Mr. President:
Your Committee on Railroads has had under consideration the following bills of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 175.
Senate Bill No. 237. Respectfully submitted,
TYsoN, Chairman.
MoNDAY, AuousT 19, 1929.
965
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your committee on Coporations has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 816.
House Bill No. 830.
Respectfully submitted,
LANE, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 835.
House Bill No. 838. Respectfully submitted, DoRsEY, Chairman.
Mr. Williams of the 16th District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your committee on Game and Fish has had under consideration the following bills of the Senate and House and
966
JOURNAL OF THE SENATE,
has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 255. House Bill No. 739.
Respectfully submitted, WILLIAMS, Chairman.
Mr. Rawls of the 9th District, Chairman of the Committee on Amendments to Constitution, has submitted the following report:
Mr. President:
Your committee on Amendments to Constitution has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 834. "A bill to be entitled an Act to amend Article 7, Section 7, Paragraph 1, of the Constitution of Georgia."
Respectfully submitted,
RAWLES, Chairman.
The following bills, favorably reported, were read the second time:
By Mr. Garrison of the 33rd~
Senate Bill No. 175. A bill to amend an Act regulating freight and passenger tariffs.
By Mr. Peebles of the 18th-
Senate Bill No. 237. A bill to define and provide for duration of charges granted purchasers of railroads.
MoNDAY, AucusT 19, 1929.
967
By Mr. Allen of the 41st-
Senate Bill No. 255. A bill to amend an Act for protection of birds, fish, etc.
By Mr. Edwards of Gilmer-
House Bill No. 739. A bill to amend an Act providing protection to birds, fish, etc. in certain counties.
By Laurens Delegation-
House Bill No. 816. A bill to incorporate the Town of l\1ontrose.
By Mr. Kennedy of Lamar-
House Bill No. 830. A bill to amend an Act providing for method of registration in the City of Barnesville.
By Mr. Patten of Lanier-
Hause Bill No. 834. A bill to amend the Constitution to allow the City of Lakeland to increase its bonded indebtedness.
By Mr. Cochran of Thomas-
House Bill No. 835. A bill to amend an Act establishing a City Court of Thomasville.
By Mr. Hatcher of Johnson-
House Bill No. 838. A bill to amend an Act establishing City Court of Wrightsville.
By unanimous consent the following bills were withdrawn from the committee, read the second time and recommitted to the committees:
By Mr. Key of JasperHouse Bill No. 3_14. A bill known as the Sales Tax Bill.
968
JOURNAL OF THE SENATE,
By Mr. Alexander of Chatham-
House Bill No. 362. A bill to make appropriations for the years 1930 and 1931.
By Mr. Wall of Putnam-
House Bill No. 727. A bill to amend the charter of the City of Eatonton.
The following bills were read the third time and placed upon their passage:
By. Mr. Williams of the 16th-
Senate Bill No. 274. A bill to amend an Act establishing City Court of Wrightsville.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Brown and Still and Miss Kempton ofFulton-
House Bill No. 523. A bill to authorize boards of education in certain co~.mties to create a pension fund for teachers.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
By Miss Kempton and Messrs. Brown and Still of FultonHouse Bill No. 524. A bill to authot:ize boards of edu-
MoNDAY, AucusT 19, 1929.
969
cation of certain counties to insure the lives and health of their employees.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the _pass:Jge of the bill the ayes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Stewart of Atkinson-
House Bill No. 732. A bill to provide for holding three terms a year of Atkinson Superior Court.
The report of the committee, which was fa.vorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Mundy of Clayton-
House Bill No. 734. A bill to amend an Act creating City Court of Jonesboro.
Senator Whaley moved to amend the bill as follows:
"By strikiPg the words and figures $900.00 whereever they appear in said bill and insert in lieu thereof the figures "$750.00" and by striking the words and figures "$750.00" wherever they appear and insert therefor the words and figures "$600.00"
The amendment was adcpted.
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 34, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
970
JouRNAL oF 1HE SENATE,
By Mr. Goolsby of Monroe-
House Bill No. 796. A bill to create the County of Monroe as a whole tax district.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Rosser c>f Walker and Stewart of Atkinson-
House Bill No. 815. A bill to create office of Tax Commissioner of Atkinson County.
Mr. Dame of the 5th moved to amend the bill as follows=
"By striking Section 3 of said bill and inserting therefor the following 'This Act shall not take effect until, January 1st, 1933, at the expiration of the term of office of the present Tax Collector of Atkinson County, Georgia,"; also amend by striking Section 4 of said bill and substituting therefor
"There shall be held at the general election for county officers in the year 1932 an election for Tax Commissioner of Atkinson County, who shall be elected at the same time and in the same manner <'S other county officers cf Atkinson County, and whose term of office shall begin en January 1st, 1933, and be for a term of four years thereafter or until his successor is elected and qualified".
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
MoNDAY, AucusT 19, 1929.
971
By Mr. Collier of Madison-
House Bill No. 821. A bill to amend the charter of the City of Colbert.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Wind of Grady-
House Bill No. 822. A bill to amend the charter of the City of Cairo.
The report 'Jf the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 33, nays 0.
The bill having received the requ'isite constitutional majority was passed.
By Mr. Trotter of Taliaferro-
Hause Bill No. 825. A bill to amend an Act granting a charter to the town of Crawfordville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 826. A bill to amend an Act creating a board of commissioners for Richmond County.
972
JouRNAL oF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Sloan of Hall-
House Bill No. 827. A bill to amend code permitting certain counties to levy a road maintenance tax.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Myrick of the 1st, vice-chairman of the"committee on Rules, submitted the following report, to-wit:
Mr. President:
Your committee on rules has established the following as the calendar of business for Monday, August 19, 1929.
Senate Bill No. 265. A Constitutional Amendment exempting Industries from taxation.
Senate Bill No. 220. A bill to provide for the protection of streams.
Senate Bill No. 166. A bill fixing the salary of Labor Inspector.
House Bill No. 129. General Tax Act. Senate Bill No. 68. District School Bill. House Bill No. 8. Lawyers Bill.
House Bill No. 199. Fertilizer Bill.
MoNDAY, AuousT 19, 1929.
973
House Bill No. 27. A bill relating to the protection of birds and other forms of wild life.
House Bill No. 2. A bill changing the name of Georgia State Sanitarium.
House Bill No. 440. A bill to define what imigration is.
House Bill No. 618. A bill to permit judges of City Courts to preside in each others places.
The following bill was read the third time and placed upon its passage:
By Mr. Platt of the 7th and Mashburn of the 51st-
Senate Bill No. 220. A bill to provide for the sanitary protection of the water resources of the State.
The committee on Hygiene and Sanitation moved to amend the bill as follows:
"Amend by striking Section 4 of the bill in its entirety and numbering the remaining sections accordingly.
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 a division of the Senate revealing the fact that a quorum had not voted, the President ordered the roll called and the vote was as follows:
Those voting m the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Bird, A. J. Brewer, J. C. Dame, George M. Ford, P. B. Goode, Geo. L. Ham,T.O.
Harris, B. F. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mathews, Sam M. Mickle, C. M. Mnick, Shelby Nichols, A. J. Paulk, R.
Peebles, Leon L. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Williams, E. M. Williams, Felix 0. Wright, Seaborn
974
JouRNAL oF THE SENATE,
Those voting m the negative were Messrs.:
Barrett, J. B. R. Cook, Jno. M.
Hyman, J. E. McElmurray, W. L.
Vaughn, C. R. Whaley, W. V.
On the passage of the bill the ayes were 29, nays 6.
The bill having received the requisite constitutional majority was passed as amended.
The following bill was read the third time and placed upon its passage:
By Messrs. Crawford, Davis and Lanham of Floyd-
House Bill No. 27. A bill to provide for instruction m the public schools for the encouragement of protection to birds, animals, etc.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a division of the Senate revealing that a quorum had not voted, the President ordered the roll called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Cook, Jno. M. Dorsey, J. H. Ford, P. B. Garrison, J. M. Goode, Geo. L.
Ham,T. 0. Harris, B. F. Hyman, J. E. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, 0. E. Mathews, Sam M. M;vrick, Shelby
Pitner, J. M. Platt, Wm. H. Redwine, Chas. D. Sibley, J. Hart Terrell, J. Render Tyson, Wm. S. Vaughn, C. R. Williams, E. M. Wright, Seaborn
Those voting in the negative were Messrs.:
Adams, Geo. W. Bird, A. J. Brewer, J. C. Davis, J. S.
McElmurraY, W. L. Paulk, R. Peebles, Leon L.
Rawls, H. G.
WhaleY, w. V. Williams, Felix c.
On the passage of the bill the ayes were 27, nays 10.
MoNDAY, AuousT 19, 1929.
975
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon i~s passage:
By Mr. Allen of Baldwin-
House Bill No. 2. A bill to change the name of the Georgia State Sanitarium.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
.The following bill was read the third time and placed upon its passage:
By Mr. New of Laurens-
House Bill No. 440. A bill to define an emigrant.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 33, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage.
By Mr. McWhorter of Oglethorpe-
House Bill No. 618. A bill to permit any judge of any city court to preside and act in any other city court in this State.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
976
JouRNAL OF THE SENATE,
On the passage of the bill a division of the Senate revealing that a quorum had not voted, the President ordered the roll called and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Ford, P. B. Garrison, J. M. Goode, Geo. L.
Ham,T.C. Harris, B. F. Hyman, J. E.
Kidd, w. J.
Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, 0. E. McElmurray, W. L. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W.
Peebles, Leon L. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Ohas. D. Sibley, J. Hart Terrell, J. Render Tyson, Wm. S. Vaughn,C.R. Whaley, W. V. Williams, E. M. Williams, Felix 0. Wright, Seaborn
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Terrell of the 36th and others-
Senate Bill No. 166. A bill to increase the salary of Factory Inspector.
The committee on Commerce and Labor moved to amend the bill as follows:
"Amend by striking the words "Two Factory Inspectors" from the fourth line of the caption of the bill and inserting therefor the words "One Factory Inspector"; also amend by striking all of Section one of the bill; also by striking all of Section 2 of the bill; also by striking all of Section Three of the bill, and inserting therefor:
MoNDAY, AuousT 19, 1929.
977
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 19, 1916, entitled, "an Act to provide for the appointment of one factory inspector by the Commissioner of Commerce and Labor, to aid in the enforcement and observance of the new child labor law, etc", be and the same is hereby amended by striking from Section 3 of said Act the figures "$1200.00" and inserting therefor the figures "$1800.00".
The committee 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 Mr. Terrell called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Bird, A. J. Cook, Jno. M. Dame, George M. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham,T. C.
Harris, B. F.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Mickle, C. M. Myrick, Shelby Nichols, A. J. Peek, Chas. W.
Pitner, J. M. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vaughn, C. R. Williams, E. M. Williams, Felix C. Wright, Seaborn
Those voting in the negative were Messrs.:
Hyman, J. E. Lokey, C. E. Mathews, Sam M.
McElmurray, W. L. Paulk, R. Peebles, Leon L.
Rawls, H. G. Vandiviere, H. G. Whaley, W. V.
On the passage of the bill the ayes were 31 the nays 9.
The bill having received the requisite constitutional majority was passed.
978
JouRNAL oF THE SENATE,
The following privileged resolutions were read and adopted:
By Mr. Vandiviere of the 39th-
A resolution extending the privileges of the floor to Hon. H. S. Willingham, former State Senator, during his stay in the City of Atlanta.
By Mr. Allen of the 41st-
A resolution extending the privileges of the floor to Han. Harry Garrison of Tampa, Florida, during his stay in Atlanta.
By unanimous consent the following bill was withdrawn from the committee on privileges and elections, read the second time and recommitted:
By Mr. Blalock of Rabun-
House Bill No. 743. A bill to exempt certain militia districts in Rabun County from the provisions of the code as relates to elections.
The following bill was taken up for consideration.
By Mr. Whaley of the 35th-
Senate Bill No. 68. A bill to abolish the A. & M. Schools. Mr. Mathews of the 23rd, called for the previous question on the bill and all amendments and the call was sustained.
Mr. Bird of the 49th moved to amend the bill as follows:
"By inserting a new section to be known as Sec. . . , as follows:
"Nothing herein contained shall be construed to provide for the abolition of the schools whose charters have been amended so as to make them Junior colleges or normal schools or Teachers' Colleges."
MoNDAY, AucusT 19, 1929.
979
The amendment was adopted.
Mr. Terrell of the 36th moved to amend the bill as follows:
"Amend as follows, 'Provided the provisions of this Act shall not apply to the 4th District A. & M. School located at Carrollton, Georgia."
The amendment was adopted.
Mr. Williams of the 27th moved to amend the bill as follows:
"Amend by adding the following, "Be it further provided that nothing in the above shall be construed to apply to the 5th District A. & M. School at Monroe, Georgia."
The amendment was adopted.
Mr. Brewer of the 46th moved to amend the bill as follows:
"Amend by adding the following, "Provided that the A. & M. Schools that have been changed to Junior Colleges shall not be affected by this Act."
The amendment was adopted.
Mr. Hyman of the 20th moved that the Senate reconsider 1ts action in ordering the main question and the motion was lost.
By unanimous consent Mr. Hyman moved to amend the bill as follows:
"Amend by adding 'That nothing in this Act shall affect the lOth District Agricultural School".
The amendment was adopted. Mr. Zellars asked unanimous consent that the bill be tabled.
Mr. Smith of the 25th objected. Mr. Zellars asked unanimous consent to indefinitely postpone the further consideration of the bill.
980
JouRNAL OF THE SENATE,
Mr. Williams of the 27th objected.
Mr. Pitner moved that the Senate reconsider its action in adopting the Bird amendment and the motion was lost.
Mr. Goode of the 31st asked unanimous consent that the bill be tabled.
Mr. Williams of the 27th objected.
Mr. Lawson asked unanimous consent that the bill be tabled.
Mr. Williams of the 27th objected.
Mr. Pitner asked unanimous consent that the Senate do now adjourn.
Mr. Terrell objected.
Mr. Lankford asked unanimous consent that the bill and all amendments be indefinitely postponed, and the consent was gran ted.
Mr. Myrick moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until this afternoon at 3:00 o'clock.
SENATE CHAMBER,
AFTERNOON SESSION.
The Senate met pursuant to adjournment at 3:00 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 reqmstte constitutional
majority the following bills of the House to-wit:
MoNDAY, AucusT 19, 1929.
981
By Miss Kempton of Fulton and others-
House Bill No. 548. A bill to be entitled an Act to aid theW. & A. Railroad by the creation of a commission and for other purposes.
The following House Bill was read the first time and referred to committee:
By Miss Kempton of Fulton and others-
House Bill No. 548. A bill to aid W. & A. Railroad by the creation of a commission.
Referred to Committee on Western and Atlantic Railroad.
By unanimous consent the following bills were withdrawn from the committee on Counties and County Matters, read the second time and recommitted:
By Mr. Brcwn of Emanuel-
House Bill No. 599. A bill to provide for the appointment of auditors for certain counties.
By Mr. Lee of BacoP-
House Bill No. 791. A bill to alhw tax collectors of certain counties to collect tax fi. fas.
By Messrs. McElreath and Peebles of Bartow-
Bouse Bill No. 820. A bill to create office of Tax Commissioner for Bartow County.
By Mr. Reid ofHaralson.
House Bill No. 824. A bill to create a commissioner of roads and revenues for Haralson County.
By Mr. Martin of Liberty-
House Bill No. 829. A bill to regulate livestock industry in Liberty County.
982
JOURNAL OF THE SENATE,
By Mr. Kennedy of Lamar-
House Bill No. 831. A bill to amend an Act creating advisory Board for the County of Lamar.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 48.
Respectfully submitted,
DoRSEY, Chairman.
Mr. Lankford of the 15th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your committee on Finance has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation as follows:
House Bill No. 543. Do pass as amended.
House Bill No. 129. Do pass as amended.
Respectfully submitted,
LANKFORD, Chairman.
Mr. Vandiviere of the 39th District, Chairman of the Committee on Privileges and Elections, submitted the following report:
MoNDAY, AucusT 19, 1929.
983
Mr. President:
Your committee on Privileges and Elections, has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 792. Respectfully submitted,
VANDIVIERE, Chairman.
Mr. Rawls of the 8th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:
Mr. President:
Your committee on Amendments to Constitution has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 819. Senate Bill No. 310.
Respectfully submitted, RAWLES, Chairman.
Mr. Terrell of the 36th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your committee on Highways has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 669. Respectfully submitted, TERRELL, Chairman.
JouRNAL oF THE SENATE,
Mr. Adams of the 28th District, Chairman of the Committee on State Sanitarium, submitted the following report:
Mr. President:
Your committee on State S<>nitarium has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate 'Bill No. 275. Respectfully submitted, ADAMS, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your committee on Municipal Government has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 837.
Respectfully submitted,
DAvis, Chairman.
The following bills, favorably reported, were read the second time:
By Mr. Williams of the 16th-
Senate Bill No. 275. A bill to amend penal code so as to provide for commitment to State Sanitarium of insane convicts.
MoNDAY, AucusT 19, 1929.
985
By Mr. Davis of Floyd and others-
House Bill No. 543. A bill to amend general tax Act so as to levy license or occupational tax on domestic and foreign corporations.
By Mr. Lee of Bateman-
House Bill No. 792. A bill to provide for procedure in contests of elections in certain counties.
By Mr. Walker of Pierce-
House Bill No. 819. A bill to amend the Constitution of Georgia relating to Pierce County.
By Messrs. Gillen and Cooper of Bibb-
House Bill No. 837. A bill to amend the charter of the City of Macon.
The following bill was read the third time and placed upon its passage:
By Mr. Ellard of Habersham-
House Bill No. 310.
A BILL.
To be entitled an Act to amend Paragraph 1 of Section 7 of Article 7 of the Constitution of this State, as now amended, so as to provide for allowing the City of Cornelia to increase its bonded indebtedness, in addition to and separate frcm the amount of debts heretofore allowed under said paragraph under certain circumstances, for the purpose of purchasing, repairing or building a waterworks system.
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 paragraph 1 of Section 7 of article 7 of the
986
JouRNAL oF THE SENATE,
Constitution of this State, as now amended, is hereby amended by adding at the end of said paragraph the following: Except that the City of Cornelia, from time to time as necessary for the purpose of repairing, purchasing or constructing a waterworks system, including all necessary pipe-line, pumping stations, reservoirs, or anything else that may be necessary for the building, constructing, or operating a waterworks system for the City of Cornelia, may incur a bonded indebtedness in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of two hundred and fifty thousand ($250,000.00) dollars and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of said city at an election or elections to be held as may now or may hereafter be prescribed by law for the incurring of new debts by said City of Cornelia.
The city authorities of the City of Cornelia shall set aside and designate each year all of the net revenue derived from the operation of its waterworks system when constructed under the provisions of this Act for the purpose of paying the interest and retiring its bonded indebtedness incurred under this Act; so that said paragraph of the Constitution when amended shall read as follows:
Paragraph 1. The debt hereinafter incurred by any county, municipal corporation or political division of this State, except as in this Constitution provided for, shall not exceed seven per centum of this assessed value of all the taxable property therein, and no such county, municipality or division shall incur any new debt, except for temporary loan or loans to supply casual deficiencies of revenue, not to exceed one fifth of one per centum of the annual value of taxable property therein, without the assent of two thirds of the qualified voters thereof at an election for that purpose, to be held as may be prescribed by law; but any city, the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the
MoNDAY, AucusT 19, 1929.
987
adoption of this Constitution, may be authorized by law to increase, at any time, the amount of said debt three per centum upon such assessed valuation; except that the City of Augusta, from time to time, as necessary for the purpose of protection against flood, may incur a bonded indebtedness upon its power producing canal and municipal waterworks, in addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding fifty per centum of the combined value of such properties to be fixed as may be prescribed by law, but said valuation not to exceed a figure given per cent. on which shall represent the net revenue per annum prcduced by the two properties together at the time of said valuation, and such indebtedness not to be incurred except with the assent of two thirds of the qualified voters of said city at an election or elections for that purpose to be held as may be now or may hereafter be prescribed by law for the incurring of new debts by said City Council of Augusta; except that the City of West Point, from time to time as may be necessary for the purpose of protection against floods, may incur a bonded indebtedness in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of seven hundred and fifty thousand dollars, and such indebtedness not to be incurred except with the assent of two thirds of the qualified voters of such city at an election or elections to be held as may now or hereafter prescribed by law for the incurring of new debts by said City of West Point. Except that the City of La Grange, from time to time as necessary for the purpose of repairing, purchasing or constructing waterworks system, including all necessary pipe-line, pumping stations, reservoirs or anything else that may be necessary for the building, or constructing or operating a waterworks system for the City of LaGrange, may incur a bonded indebtedness in and in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amo.mt in the aggregate not exceeding the sum of five
U88
JouRNAL OF THE SENATE,
hundred thousand ($500,000.00) dollars, and such indebtedness not to be incurred except with the assent of two thirds of the qualified voters of such city at an election or elections to be held as may be now or may hereafter be prescribed by law for the incurring of new debts by said City of LaGrange. Except that the City of Cornelia from time to time as necessary for the purpose of repairing, purchasing, or constructing a waterworks system for the City of Cornelia, may incur a bonded indebtedness in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of two hundred and fifty thousand dollars ($250,000.00) and such indebtedness not to be incurred except with the assent of two thirds of the qualified voters of said city at an election or elections to be held as may now or hereafter be prescribed by law for the incurring of new debts by said City of Cornelia. The city authorities of the City of Cornelia shall set aside and designate each year of the net revenue derived from the operation of its waterworks system when constructed under the provisions of this Act for the purpose of paying the interest and retiring its bonded indebtedness incurred under this Act.
Sec. 2. Be it further enacted by the authority of aforesaid, that whenever the above proposed amendment to the Constitution shall be agreed to by two thirds of the members elected to each of the two Ho~ses of the General Assembly, and the same has been entered on their journals, with the ayes and nays taken thereon, the Governor shall, and he is hereby authorized and instructed, to cause said amendment to be published in at least two newspapers in each Congressional District in this State for a period of two months next preceding the time of holding the next general election.
Sec. 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
MoNDAY, AuousT 19, 1929.
989
next general election to be held after publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is now entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots, "For amendment allowing the City of Cornelia to increase its bonded indebtedness for waterworks system", and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words, "Against the amendment allowing the City of Cornelia to increase its bonded indebtedness for waterworks system."
Sec. 4. Be it further enacted by the authority aforesaid, that the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in paragraph 1 of section 1 of article 13, and by this Act; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of the State, to whom the returns shall be referred in the manners as in cases of election for members of the General Assembly to count and a'scertain the results, issue his proclamation for one insertion in one of the daily newspapers of this State, announcing such results and declaring the amendment ratified.
Sec. 5. Be it further enacted by the authority aforesaid~ that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing an amendment to the Constitution, the roll call was ordered and the vote was as follows:
990
JouRNAL OF THE SENATE,
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Brewer, J. C. Dame, George M. Dorsey, J. H. Fletcher, J. M. Goode, Geo. L. Ham,T. C. Harris, B. F.
Kidd, w. :r.
Lane, W. T.
LawsQn, H. F. Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Mickle, C. M. Mnick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. C.
Pitner, J. M. Rawls, H. G. Redwine, Chas. D. SibleY, J. Hart Smith, Jno. A. Tyson, Wm. S. V~:~ndiviere, H. G. Vaughn, C. R. WhaleY, W. V. Williams, E. M. Williams, Felix C.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite two thirds consti tutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Messrs. Alexander, Grayson and Mills of Chatham-
House Bill No. 738. A bill to amend the charter of the City of Savannah.
Mr. Myrick moved to amend the bill as follows:
"Amend by adding thereto two additional sections to said bill to be numbered seven and eight and numbering the repealing clause number nine:
Sec. 7. Be it further enacted, by the authority aforesaid, that the Mayor and aldermen of the City of Savannah shall pay to the Commissioners of Chatham County, Georgia, the sum of $600.00 per annum, in twelve (12) equal installments, same to be paid as compensation for work in connection with registration of voters, the proposed voters' lists for Municipal Primaries and Elections.
Sec. 8. Be it further enacted, by the authority aforesaid, that the Mayor and Aldermen of the City of Savannah
MoNDAY, AuousT 19, 1929.
991
is hereby given exclusive jurisdiction over any tree whose body or trunk at or near the bottom thereof is located wholly or partially within the street curb line of any lane or street of the City of Savannah, provided that such juris~ diction shall extend only to the cutting down or removal of such tree whenever in the judgment of said Mayor and Alderman of the City of Savannah the said street in whole or in part is an obstruction to street traffic.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
_ The following bills were read the third time and placed upon their passage:
By Miss Kempton and Messrs. Brown and Still of Fulton-
House Bill No. 772. A bill to amend the charter of the
City of Atlanta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Kennedy of Lamar-
House Bill No. 832. A bill to amend an Act conferring additional powers upon corporate authorities of the Town of Barnesville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
992
JOURNAL OF THE SENATE,
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite c0nstitutional majority was passed.
By Mr. Kennedy of Lamar-
House Bill No. 833. A bill to extend the police authority of the City of Barnesville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and taken up for consideration:
By Mr. Wind of Grady-
House Bill No. 129. A bill to amend an Act known as the General Tax Act.
Mr. Lawson moved t~at the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until tomorrow morning at 9:00 o'clock.
TuEsDAY, AuausT 20, 1929.
993
SENATE CHAMBER, ATLANTA, GA.,
Tuesday, August 20, 1929.
The Senate met pursuant to adjournment at 9:00o'clock, A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the call of the roll was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.
The following bill was introduced, read the first time and referred to the Committee:
By Mr. Whaley of the 35th-
Senate Bill No. 288. A bill to amend the Constitution so as to allow Fulton County to pay pensions to county officers and employees.
Referred to Committee on Amendments to Constitution.
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. Hightower of Upson-
House Bill No. 596. A bill to be entitled an Act to amend the Act regulating and marking peaches and apples, and for other purposes.
994
JouRNAL oF THE SENATE,
By Messrs. Brown and Still of Fulton-
House Bill No. 770. A bill to be entitled an Act to authorize the payment of pensions to county employees, and for other purposes.
By Mr. Atwood of Mcintosh-
House Bill No. 818. A bill to be entitled an Act to require dogs in Mcintosh County to be inoculated against rabies, and for other purposes.
By Mr. Beasley of Tattnall-
House Bill No. 844. A bill to be entitled an Act to amend an Act creating the road law for the County of Tattnall, and for other purposes.
By Messrs. Cooper, Nottingham and Gillen of Bibb-
House Bill No. 847. A bill to be entitled an Act to amend the charter of the City of Macon, and for other purposes.
By Messrs. Nottingham, Cooper and Gillen of Bibb-
House Bill No. 848. A bill to be entitled an Act to amend the Act establishing a Board of County Commissioners for Bibb County, 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 ma-
jority the following bills and resolutions of the Senate, towit:
By Mr. Dame of the 5thSenate Bill No. 256. A bill to be entitled an Act to fix
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995
the salary of the Judge of the County Court of Clinch County, and for other purposes.
By Mr. Whaley of the 35th-
Senate Bill No. 257. A bill to be entitled an Act to fix the compensation of Comm\ssioners of Roads and Revenues in certain counties, and for other purposes.
By Messrs. Mickle of the 37th and Peek of the 38th-
Senate Resolution No. 60. A resolution requesting the American Society for the Control of Cancer to make survey in Georgia.
Mr. Whaley of the 35th District, Chairman of the Committee on Public Property, submitted the following report:
Mr. President:
Your Committee on Public Property has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 266. Respectfully submitted, 'WHALEY, Chairman.
Mr. Zellars of the 30th District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee on Education has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bill No. 287. Respectfully submitted, ZELLARS, Chairman.
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Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bills Nos. 831-824-829-820-791-599.
Respectfully submitted,
GoooE, Chairman.
Mr. Williams of the 16th District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 659.
Respectfully submitted,
\VrLLIAMS, Chairman.
The following bills, favorably reported, were read the second time:
By Mr. Whaley of the 35th-
Senate Bill No. 287. A bill to provide method for increasing membership of Board of Education in certain counties.
TUESDAY, AUGUST 20, 1929.
By Messrs. McClain of Pickens and Rosser of Walker-:House Bill No. 659. A bill to prohibit shooting of deer
in certain counties.
By Chatham DelegationHouse Bill No. 669. A bill to amend Act prescribing
rights, etc. of Coastal Highway District. Mr. Platt of the 7th asked unanimous consent that the
following bill be withdrawn from the Committee on W. & A. Railroad, read the second time and recommitted:
By Miss Kempton of Fulton and othersHouse Bill No. 548. A bill to create W. & A. Railroad
Commission. The consent was gran ted. Mr. Goode asked unanimous consent that the following
bill be withdrawn from the Committee on Counties and County matters, read the second time and recommitted:
House Bill No. 842. A bill to create a Board of Commissioners for Lamar County.
The consent was granted. The following House bills were read the firs"t time and referred to the committees:
By Mr. Hightower of UpsonHouse Bill No. 596. A bill to repeal Act providing for
inspection and grading of peaches and apples. ' Referred to Committee on Agriculture.
By Fulton DelegationHouse Bill No. 770. A bill to authorize payment of
pensions to county employees and officers.
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JOURNAL OF THE SENATE,
Referred to Committee on Counties and County Matters.
By Mr. Atwood of McintoshHouse Bill No. 818. A bill to require dogs in Mcintosh
County to be inoculated for rabies. Referred to Committee on Hygiene and Sanitation.
By Mr. Beasley of TattnallHouse Bill No. 844. A bill to change time of collecting
commutation tax for Tattnall County. Referred to Committee on Counties and County Matters.
By Bibb DelegationHouse Bill No. 847. A bill to amend the charter of the
City of Macon. Referred to Committee on Municipal Government.
By Bibb Delegation-
House Bill No. 848. A bill to amend Act establishing Board of Commissioners for Bibb County.
Referred to Committee on Counties and County Matters.
The following bills were read the third time and placed upon their passage:
By Mr. Allen of the 41st-
Senate Bill No. 255. A bill to amend act for the protection of game and fish.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0. The bill having received the requisite constitutional majority was passed.
TUESDAY, AUGUST 20, 1929.
999
By Mr. Brown of Emanuel-
House Bill No. 599. A bill to provide for the appointment of auditors for certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Edwards of Gilmer-
House Bill No. 739. A bill to amend an Act providing protection for game and fish.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Lee of Bacon-
House Bill No. 791. A bill to allow tax collector of Bacon County to collect tax fi. fas.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Lee of Bacon-
House Bill No. 792. A bill to provide the procedure in contests of elections in certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
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On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
By Laurens Delegation-
House Bill No. 816. A bill to incorporate Town of Montrose.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. McElreath and Peebles of Bartow-
House Bill No. 820. A bill to create office of Tax Commissioner for Bartow County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Reid of HaralsonHouse Bill No. 824. A bill to create Commissioner of
Roads and Revenues for Haralson County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
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1001
By Mr. Martin of Liberty-
House Bill No. 829. A bill to regulate live stock industry in Liberty County.
The Committee on Counties and County Matters moved to amend the bill as follows:
"By adding to Sec. 6 the following 'Any original owner of live stock may butcher his own stock and sell same to be re-sold as fresh meats at some fixed place of business within said county, and such person shall not be construed as being a dealer and is exempted from provisions applying to dealers in this Act."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional ma-
jority was passed, as amended.
By Mr. Kennedy of Lamar-
House Bill No. 830. A bill to provide method, time and place of registration in Barnesville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional ma,ority was passed.
By Mr. Kennedy of Lamar-
House Bill No. 831. A bill to amend an'Act creating an Advisory Board for the County of Lamar.
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The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Cochran of Thomas-
House Bill No. 835. A bill to amend an Act establishing city court of Thomasville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Gillen and Cooper of Bibb-
House Bill No. 837. A bill to amend the charter of the City of Macon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hatcher of JohnsonHouse Bill No. 838. A bill to amend an Act establishing
city court of \Vrightsville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
TUESDAY, AUGUST 20, 1929.
1003
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Walker of PierceHouse Bill No. 819-
A BILL
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 8, Section 4, Paragraph 1 of the Constitution of Georgia, so as to authorize Pierce County, Georgia, to levy an additional tax for high school purposes when approved by a majority of the qualified voters of said county voting at an election to pass upon such a tax.
Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that Article 8, Section 4, Paragraph 1, of the Constitution of Georgia, as heretofore amended, shall be further amended by adding at the end thereof a new subparagraph in the following words, to-wit: "Pierce County, Georgia, shall be authorized to levy a tax for high school purposes of not to exceed twenty cents on the one hundred dollars of all the taxable property in said County, in addition to all other taxes which it is now authorized by law to levy, upon approval of a majority of the qualified voters of said County voting at an election held for the purpose of passing upon such a tax. If and when this amendment shall be ratified, it shall be the duty of the Commissioner of Roads and Revenues of Pierce County to call a special election to pass upon said tax, which election shall be held in the same manner as other elections held in said county. Notice of said election shall be published by said commissioner in the newspaper in which sheriff's advertisements in said county are published once a week for four consecutive
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JOURNAL OF THE SENATE,
weeks before said election is held. The rate of taxation to be levied for high school purposes shall be that recommended by the Board of Education of Pierce County, but not to exceed the limit herein specified. The returns of said election shall be made to the Ordinary of said County and the result declared by him. If the first election held should be adverse to such a tax, it shall be the duty of the Commisl sioner of Roads and Revenues of said County to again submit to the voters of Pierce County the question of whether such tax shall be levied when he is requested so to do by the Board of Education of Pierce County, provided elections shall not be held for this purpose within less than six months of each other. When a tax for high school purposes is approved by the voters of Pierce County, it shall be the duty of the Commissioner of Roads and Revenues to include in his next regular annual levy of taxes such tax for high school purposes as may be approved by the voters of said County and annually thereafter when the regular county levy is made. All moneys arising from said tax shall be turned over to the Board of Education of Pierce County, Georgia, for expenditure for high school purposes only and said Board shall have the right to make such arrangements with the Blackshear High School and other high schools in the County for high school work as it may deem advisable."
Sec. 2. Be it further enacted by the authority aforesaid that whenever the 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, and the same has been entered on their journals, with the ayes and nays taken thereon, the Governor shall and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each congressional district in this State for the period of two months next preceding the time of holding the next general electjons.
Sec. 3. Be it further enacted by the authority aforesaid, that the amendment to the Constitution herein proposed
TUESDAY, AUGUST 20, 1929.
1005
shall be submitted for ratification or rejection to the voters of this State at the next general election to be held on Tuesday after the first Monday in November, 1930. All persons voting at said election in favor of adopting the proposed amendment shall have written or printed on their ballots the words" For amendment to authorize Pierce County, Georgia, to levy extra tax for high school purposes," and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words "Against amendment to authorize Pierce County, Georgia, to levy extra tax for high school purposes."
Sec. 4. That it shall be the duty of the Secretary of State to certify the results of the vote on this amendment to the Governor, and when such vote is so certified, if it shall appear that a majority of the qualified voters voted in favor of said amendment, then the same shall become a part of Article Eight, Section Four, Paragraph One of the Constitution of Georgia, and the Governor shall issue his proclamation to that effect as provided by law.
The report of the committee, which was favorable to the passage of the bill was agreed to.
The bill proposing a constitutional amendment the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Atkinson, B. A. Bird, A. J. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham, T. C. Harris, B. F.
Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Mickle, C. M. Myrick, Shelby
Nichols, A. J. Paulk, R. Pitner, J. M. Platt, Wm. H. Redwine, Chas. D. SibleY, J. Hart Smith, Jno. A. Vandiviere, H. G. Vaughn, C. R. Williams, Felix C. Wright, Seaborn
On the passage of the bill the ayes were 34, nays 0.
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JOURNAL OF THE SENATE,
The bill having received the requisite two-thirds constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Patten of Lanier-
Hause Bill No. 834.
A BILL.
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the ConstitutiQn of Georgia, as now amended so as to provide for allowing the City of Lakeland in Lanier County, Georgia, to incur an indebtedness, bonded and;or otherwise, in addition to and separate from the amounts of debts heretofore allowed under said paragraph under certain circumstances, for the purpose of acquiring, holding, managing, maintaining, operating, improving, extending, and otherwise negotiating the Lakeland Railway and;or other railroad or other transportation properties both real and personal; to authorize said City of Lakeland to levy a tax to repay and retire said indebtedness and to carry on the business of such transportation facilities; to authorize said City of Lakeland, to issue bonds and other evidence of indebtedness against such transportation property and;or against such city to authorize said city to protect said property against certain competition; 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 Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new sub-paragraph in the following words, to-wit: "And except that the City of Lakeland in Lanier County, Georgia,
TuEsDAY, AucusT 20, 1929.
1007
from time to time as necessary for the purpose of acquiring, holding, enjoying, receiving, possessing, retaining, managing, maintaining, operating, improving, extending, equipping and otherwise handling and negotiating the Lakeland Railway and any extension or branch thereof, together with. any other transportation property and all rolling stock and terminal facilities connected -therewith either within or without .the City of Lakeland, either within or without the County of Lanier, including all property and improvements of whatsoever nature both real and personal, or anything else that may be necessary for the maintaining, building, constructing and operating transportation lines and facilities of any kind and character whether rail, bus or otherwise, may incur an indebtedness, either in the form of bonds, debentures, notes, or other evidence of indebtedness in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred to an amount the aggregate of which shall be determined by the Mayor and Council of the City of Lakeland, such indebtedness not to be incurred except with the assent of a two-thirds majority of the Mayor and Counc.il of said City of Lakeland. Said City of Lakeland by and through its Mayor and Council shall have authority to issue said bonds, debentures, notes or other evidences of indebtedness as it may see proper, either limiting the security therefor to the railroad or transportation property or any part thereof, or;and providing that the security therefor shall be the entire assets of said City or any part thereof. Said City of Lakeland is authorized by its Mayor and Council to levy such tax as it may see proper for the purpose of retiring the indebtedness and carrying out the purposes provided for by this amendment. Said City of Lakeland shall have the authority to prescribe such rules and regulations as it may see proper for the operation of said Lakeland Railway and any other transportation property, and to enact such ordinances, rules and regulations as it may see proper for the protection of said railway and;or other
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JouRNAL OF THE SENATE,
transportation property or any extension or branches thereof from paralleling or other competition either within or without the limits of said City of Lakeland or ;and of the County of Lanier for the purpose of protecting and for preserving said railroad and;or other transportation properties against loss, depreciation, deterioration or qther handicap. Said City of Lakeland shall have authority to sell, lease, hypothecate, consolidate and otherwise handle said Lakeland Railway and;or any other transportation property owned by said City, or any part thereof, and to execute such contracts, deeds, leases or other instruments of writings necessary or desirable for carrying out any of the authorities and rights delegated by this amendment. Said City of Lakeland is specifically authorized to create such railroad commission or committee as it may see proper, through its Mayor and Council, for the operating and otherwise handling of said Lakeland Railway and;or other transportation property owned by said City and to prescribe such rules and regulations by ordinance or otherwise, and prescribe such qualifications as it may see proper with reference thereto. Said City of Lakeland is authorized to comply with such rules and regulations as it may see proper and execute such forms and other instruments as it may become necessary as will enable it to cooperate with the Georgia Public Service Commission or any other department of the State or National Government which it may determine desirable to co-operate with in carrying out the provisions of this amendment."
Sec. 2. Be it further enacted by the authority aforesaid that whenever 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, and the same has been entered on their journals, with the ayes and nays taken thereon, the Governor shall, and he is hereby authorized and instructed, to cause said amendment to be published in at least two newspapers in each Congressional District of this State for a period
TUESDAY, AUGUST 20, 1929.
1009
of two months next preceding the time of holding the next general election.
Sec. 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 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 now entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting this proposed amendment to the Constitution sha!l have written or printed on their ballots: "For amendment allowing City of Lakeland to acquire, own, operate, sell and otherwise handle The Lakeland Railway and;or other Transportation property, to incur an indebtedness therefor and provide for the retiring thereof," and all persons opposed to the adoption of this amendment shall have written or printed on their ballots: "Against amendment allowing City of Lakeland to acquire, own, operate, sell and otherwise handle The Lakeland Railway and;or other Transportation property, to incur an indebtedness therefor and provide for the retiring thereof."
Sec. 4. Be it further enacted by the authority aforesaid, that the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in Pangraph 1 of Section 1 of Article 13, by this Act; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of State, to whom the returns shall be referred in the manner as in cases of election for members of the General Assembly to count and ascertain the results, issue his proclamation for one insertion in one of the daily newspapers in this State, announcing such results and declaring the amendment ratified and said amendment shall thereupon become a
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JouRNAL OF THE SENATE,
part of Article 7, Section 7, Paragraph 1 of the Constitu-
tion of this State.
Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing an amendment to the Constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Alston, G. C. Bird, A. J. Cook, .Jno. M. Dame, George M. DaVis, .J. S. Dorsey, .J. H. Fletcher, .J. M. Ford, P. B. Garrison, .J. M. Goode, Geo. L. Ham,T.C. Harris, B. F.
Hyman, .J. E.
Kidd, w. .J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. Mickle, C. M. Myrick, Shelby
Nichols, A. .J. Paulk, R.
Peek, Chas. W. Pitner, .J. M. Platt, Wm. H. Redwine, Chas. D. Sibley, .J. Hart Smith, .Jno. A. Terrell, .J. Render VandiViere, H. G. Vaughn, C. R.
Whaley, w. V.
Williams, Felix C. Wright, Seaborn
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite two-thirds constitutional majority was passed.
By unanimous consent all local uncontested bills were ordered immediately transmitted to the House of Representatives.
The following resolution was read:
By Mr. Myrick of the 1st-
Senate Resolution No. 70. A resolution to limit individual speeches to 10 minutes.
TUESDAY, AUGUST 20, 1929.
1011
On the adoption of the resolution the ayes were 27, nays 0.
The resolution having received the requisite three-fourths majority of a quorum voting was adopted.
Mr. Myrick, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. President: Your Committee on Rules has established the following
as the calendar for Tuesday August 20, 1929, to-wit: House Bill No. 23. To Provide the Manner of Record-
ing Instruments Affecting the Titles to Lands. Senate Bill No. 130. Relating to Salaries Secretaries
Supreme Court. House Bill No. 8. Lawyers Bill. Senate Bill No. 124. Classification Tax Bill. Senate Bill No. 75. Judges Salaries. Senate Bill No. 382. Educational Department Bill. House Bill No. 199. Fertilizer Bill. Senate Bill No. 230. Mechanics Lien Bill. House Bill No. 129. General Tax Act. House Bill No. . . . . Sales Tax Bill. House Bill No. 362. General Appropriation Bill. Senate Bill No. 266. Insurance Fund.
The following bill was read the third time and placed upon its passage:
By Messrs. Weekes and Ramspeck of DeKalb-
House Bill No. 23. A bill to provide the manner of recording deeds.
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JouRNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill Mr. Vaughn called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Dame, George M. Davis, J. S. Fletcher, J. M. Ford, P. B. Garrison, J. M. Ham, T. C. Harris, B. F. Hyman, J. E. Kidd, W. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Pickering, V. C.
Pitner, J. M. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, Felix C. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Alston, G. C.
On the passage of the bill the ayes were 40, nays 1.
The bill having received the requisite constitutional majority was passed.
The following privileged resolution was read and adopted:
By Mr. Zellars of the 30th and Terrell of the 36th-
A Resolution extending the privileges of the floor to Honorable Fred H. Davis, Attorney General of the State of Florida, Mrs. Davis and Mrs. Casseleau during their stay in the City of Atlanta.
The following bill was read the third time and placed upon its passage:
TUESDAY, AUGUST 20, 1929.
1013
By Mr. Tyson of the 2nd-
Senate Bill No. 130. A bill to increase the salary of the secretaries to the Supreme Court and the Court of Appeals.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 6.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and taken up for consideration.
By Messrs. Ramspeck and Weekes of DeKalb and Jones of Burke-
House Bill No. 8. A bill to regulate the practice of law.
Mr. Hyman called for the previous question and the call was sustained.
Mr. Myrick of the 1st moved to amend the bill as follows:
By adding at the end of Section 2, the following" Provided further that nothing herein contained shall prevent a corporation authorized by its charter to insure real estate titles, from reporting the corrections or changes which it would require to be made in any title, before it would issue a policy thereon, nor from preparing such conveyances releases or other papers as it may require to induce it to issue the policy applied for by its customers; also the word "or" is inserted before the word "Conveyancing" and the other words in said paragraph describing the other acts and services to be rendered.
The amendment was adopted.
Mr. Vaughn moved that the Senate reconsider its action in adopting the Myrick amendment and the motion was lost.
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JouRNAL oF THE SENATE,
Mr. Lawson moved to amend the bill as follows:
By adding the following proviso at the end of Section 2. "Provided further that nothing heretofore set out in this Act shall apply to private, State and;or National Banks in the conduct of their business."
The amendment was adopted.
Mr. Brewer moved to amend as follows: "By striking out immediately after "or to hold itself out to the public as being entitled to practice law" in section 1 and immediately before "or to furnish attor11eys or counsel" the following "or to render or furnish legal services."
The amendment was adopted.
Mr. Zellars moved that the Senate reconsider its action in sustaining the call for the previous question and the motion was lost.
Mr. Zellars asked unanimous consent that the further consideration of the bill be indefinitely postponed.
Mr. Kidd objected.
Mr. Brewer and Mr. Redwine moved to amend the bill as follows:
By striking out in Section 1 immediately after "any kind in actions or proceedings," and immediately before "or in any other manner" the following: "of any nature or in any other way or manner."
Also amend by striking out immediately after "to convey the impression that it is entitled to practice law," and immediately before "or to advertise that either alone or together" the following "Or to furnish legal advise, services or counsel."
Also amend by striking out immediately after "representing as attorney at Law," and immediately before "a person sued or about to be sued" the following "or furnishing legal advise, service or counsel to;"
TuEsDAY, AucusT 20, 1929.
1015
Also amend by striking out at the end of paragraph two, immediately after "nor shall it apply to organizations organized for benevolent or ch~ritable purposes" the following "Provided, however, that nothing herein contained shall authorize any corporation or voluntary association to express, render or issue .any legal opinion as to the status of the title or personal property."
Also amend Section 2 by striking out immediately after "special proceeding in any court," and immediately before "or other judicial or quasi judicial body," the following "or before any board, commission;" also amend by striking out all of the remainder of the section after "Judicial body."
The amendments were adopted.
Mr. Pitner asked unanimous consent to indefinitely postpone the further consideration of the bill.
Mr. Hyman objected.
Mr. Myrick of the 1st asked unanimous consent that the further consideration of the bill be indefinitely postponed, and the consent was gn_m ted.
The following bill was read again and taken up for consideration:
By Mr. Lawson of the 14th-
Senate Bill No. 124. A bill known as the Constitutional Classification Tax Bill.
The report of the committee, which was favorable to the passage of the bill as amended having been agreed to on August 16th, Mr. Lawson moved that the Senate reconsider its action in ~greeing to the report of the committee, and the motion prevailed.
An amendment proposed hy Mr. Pitner of the 50th having been adopted on August 16th, Mr. Lawson moved that the Senate reconsider its action in adopting the amendment and the motion prevailed.
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JOURNAL OF THE SENATE,
Mr. Lawson of the 14th proposed the following substitute:
A BILL
To be entitled an Act to amend Paragraph 1, Section 2 of Article 7 of the Constitution of the State of Georgia so as to authorize the General Assembly to classify in tangible property for taxation and to adopt different methods for taxing different classes of property; to segregate different classes of property for State and local taxation; to limit the state tax on real estate and tangible personal property to one (1) mill; to exempt forest lands from taxation, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Paragraph 1 of Section 2 of Article 7 of the Constitution of the State of Georgia be and the same is hereby amended by striking all of said paragraph and inserting in lieu thereof as Paragraph 1, Section 2 of Article 7 of said Constitution, the following words, to-wit:
1. All taxes shall be levied and collected under general laws and for public purposes only. The General Assembly shall have the power to classify intangible property for taxation by imposing a rate for all purposes not exceeding five mills on each dollar for the assessed value thereof upon stocks of foreign and domestic corporations, bills and accounts receivable, leaseholds and all other chases in action, and all other intangible property. Taxes realized from intangibles classified for taxation may be prorated to the State and to the local taxing units in such manner and proportions and by such methods as the General Assembly may from time to time provide.
2. The General Assembly shall also have the power to exempt from State taxation for a period of years, forest lands devoted to timber growing and impose thereon a deferred or yield tax or such other tax as may be prescribed
TUESDAY, AUGUST 20, 1929.
1017
by the General Assembly when such forest products are fit for marketing or are yielding an income to the owner.
3. State property taxes for State purposes, levied on real or tangible personal property after the thirty-first (31) day of December, one thousand nine hundred and thirty one (1931), shall not exceed one mill; provided the right to tax persons and property in case of war, invasion, insurrection, or other extraordinary catastrophe, shall remain unlimited.
Sec. 2. Be it further enacted by the authority aforesaid that when said amendment shall be agreed to by a twothirds vote of the members elected to the House, it shall be enacted upon the Journal of each House with the "yeas" and "nays" thereon and published in one or more newspapers in each congressional district in said State for two months previous to the time for holding the next general election and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of amendment to paragraph 1, Section 2, Article 7 of the Constitution, authorizing the classification of property for taxation and the adoption of different rates and methods for different classes of intangible property, and the segregation of different classes on intangible property for State and local taxation, to exempt forest lands from State taxation and limit the State ad valorem tax to one mill;" 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 Paragraph 1, Section 2, Article 7 of the Constitution authorizing the classification of intangible property for taxation and the adoption of different rates and methods for different classes of intangible property for State and local taxation, to exempt forest lands from State taxation and limit the State ad valorem tax to one mill;" and if the majority of the electors qualified to vote for the members
1018
JOURNAL OF THE SENATE,
of the General Assembly voting thereon shall vote for ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified.
Sec.. 3. Be it further enacted that all laws and parts in conflict with this Act be and the same are hereby repealed.
Mr. Lawson moved to amend the substitute as follows:
"Amend by striking Section 1 of the substitute and inserting therefor the following: "Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Paragraph 1 of Section 2, of Article 7 of the Constitution of the State of Georgia be and the same is hereby amended by adding thereto the following words, to-wit:"
The amendment was adopted.
Mr. Myrick of the 1st called for the previous question and the call was sustained.
The substitute as amended was adopted.
Mr. Mathews of the 23rd moved that the Senate reconsider its action in sustaining the call for the previous question and the motion was lost.
The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.
The bill proposing a constitutional amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C.
Brewer, J. C. Cook, Jno. M. Davis, J. S.
Dorsey, J. H. Fletcher, J. M. Ford, P. B.
TuEsDAY, AuousT 20, 1929.
1019
Garrison, J. M. Goode, Geo. L. Ham, T. C. Harris, B. F. King, E. R. Lane, W. T.
Lankford, Geo. w.
Lawson, H. F. Lokey, C. E.
Mashburn, Marcus Mathews, Sam M. Paulk, R. Peebles, Leon L. Pickering, V. C. Pitner, J. M. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart
Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R.
Whaley, w. V.
Williams, Felix C. Zellars, B. B. Mr. President
Those voting in the negative were Messrs.:
Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Dame, George M. Hyman, J. E.
Kidd, w. J.
McElmurray, W. L.
Mickle, C. M. Myrick, Shelby
Nichols, A. J. Peek, Chas. W. Platt, Wm. H. Wright, Seaborn
On the passage of the bill the ayes were 36, nays 13.
The bill having received the requisite two-thirds constitutional majority was passed by substitute as amended.
The following bill was read the third time and placed upon its passage:
By Messrs. Zellars of the 30th and Wright of the 42nd-
Senate Bill No. 283. A bill to amend the School Code of Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Smith of the 25th asked unanimous consent that the bill be immediately transmitted to the House and the consent was gran ted.
The following bill was read the third time and taken up for consideration.
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JOURNAL OF THE SENATE,
By Mr. Myrick of the 1st-
Senate Bill No. 75. A bill to increase the salary of judges of Supreme, Court of Appeals and Superior Courts.
Mr. Myrick called for the previous question and the call was sustained.
Mr. Smith of the 25th moved that the bill be tabled and the motion prevailed.
Mr. Rawls moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until this afternoon at 3:00 o'clock.
AFTERNOON SESSION'
AucusT 20, 1929.
The Senate met pursuant to adjournment at 3:00 P. M. this afternoon and was called to order by the President.
The following resolution was read and ordered to lie on the table one day:
By Mr. Sibley of the 19th-
Senate Resolution No. 71. A resolution directing Department of Audits to compile certain data for the next sessiOn.
Mr. Sibley asked unanimous consent that the resolution _be considered at this time and the consent was granted.
The resolution was adopted.
Mr. Dorsey of the 48th asked unanimous consent that House Bill No. 812, as follows, be withdrawn from the committee, read the second time and recommitted:
TUESDAY, AUGUST 20, 1929.
1021
By Muscogee Delegation-
House Bill No. 812. A bill to increase salary of judge and solicitor of City Court of Columbus.
The consent was granted.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bills Nos. 828, 845 and 697.
Respectfully submitted,
L<\:-JE, Chairman.
The following resolutions and bills, favorably reported, were read the second time:
Senate Resolution No. 69. A resolutien authorizing the State Librarian to furnish certain volumes of Supreme Court and Court of Appeals to ordinary of Fayette County.
By Mr. Williams of the 16th-
Senate Bill No. 223. A bill to provide for State printing comm1ss10n.
By Mr. Whaley of the 35th-
Senate Bill No. 256. A bill to amend Act establishing new charter for City of Atlanta.
By Mr. Whaley of the 35thSenate Bill No. 286. A bill to provide for purchase and
1022
JO'!JRNAL OF THE SENATE,
disposition of park property in Georgia cities of certain population.
By Mr. Byars of Spalding-
House Resolution No. 130. A resolution to furnish certain law books to Judge of Griffin Circuit.
By Mr. Barrett of Stephens-
House Resolution No. 131. A resolution regulating the distribution of motor vehicle list.
By Messrs. McKoy and Kinnard of Coweta-
House Resolution No. 135. A resolution to relieve V. E. Manget as surety on bond.
By Mr. Cooper of Bibb-
House Resolution No. 136. A resolution to release A. J. Ryals Sr. as surety on bond.
By Mr. Martin of Troup-
House Resolution No. 138. A resolution to relieve M. Strickland and A. E. Daniel as surety on bond.
By Laurens Delegation-
House Bill No. 697. A bill to repeal charter of the Town of Rockledge.
By Floyd Delegation-
House Bill No. 761. A bill to amend Code relating to regulation of land processioner.
By DeKalb Delegation-
House Bill No. 828. A bill to amend the charter of Stone Mountain.
TuEsDAY, AuGUST 20, 1929.
1023
By Mr. Colson of Glynn-
House Bill No. 839. A bill to amend the charter of the City of Brunswick.
By Messrs. Cochran and Mardre of Thomas-
House Bill No. 841. A bill to amend the charter of the City of Thomasville.
By DeKalb Delegation-
House Bill No. 843. A bill to amend the Act creating a new charter for the City of Chamblee.
By DeKalb Delegation-
House Bill No. 845. A bill to amend the charter of the Town of Doraville.
Mr. Vaughn of the 34th asked unanimous consent to withdraw Senate Bill No. 287 from the further consideration of the Senate and the consent was granted.
The following bill was read the third time and placed upon its passage:
By Mr. Wall of Putnam-
House Bill No. 727. A bill to amend the charter of the City of Eatonton.
The Committee on Municipal Government proposed the following substi tute :
SUBSTITUTE TO HOUSE BILL NO. 727
A BILL
To be entitled an Act to amend the Act approved December 12, 1892, authorizing a system of public schools for Eatonton, by authorizing additional appropriations for the support of said schools; to provide for a referendum, and for other purposes.
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JouRNAL or THE SENATE,
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 December 12, 1892~ authorizing a system of public schools to be established and maintained in the city of Eatonton, be. and the same is hereby amended by adding thereto a new section to be numbered in regular numerical order, and each successive section or sections to be numbered accordingly:
"Section . . . Whenever it appears from the estimate submitted in accordance with the provisions of law that the special school tax of three mills ad valorem will not be sufficient to adequately maintain said schools, the board of council may appropriate for school purposes from the general funds of the city an additional amount which shall not be less than two mills nor more than four mills upon the current tax digest of the city."
Sec. 2. Be it further enacted, That this Act shall not take effect until it shall have been ratified at an election which shall be called by the said board of council and held within ninety days but not sooner than twenty days after the passage hereof (of which election notice shall be given by publication once a week for two weeks in a newspaper published in the said City of Eatonton) by a majority of those voting in said election. The said election shall be held as other elections in said city, and the board of council is authorized to prescribe the form of the ballots, to provide for a special registration of voters for said election~ and to declare the result.
Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill the ayes were 32, nays 0.
TuEsDAY, AuousT 20, 1929.
1025
The bill having received the requisite constitutional majority was passed, by substitute.
The following bill was again taken up for consideration:
By Mr. Wind of Grady-
House Bill :Wo. 129. A bill to amend the General Tax Act.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the Senate, as amended, to-wit:
By Mr. Lankford of the 15thSenate Bill No. 1. A bill to be entitled an Act to amend
the Constitution so as to authorize taxes to be imposed upon incomes, and for other purposes.
Mr. Redwine of the 26th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass as amended.
House Bill No. 362.
Respectfully s~bmitted, REDWINE, Chairman.
Mr. Pitner moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until tomorrow morning at 9:00 o'clock.
1026
JouRNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
WEDNEsDAY, AuousT 21, 1929.
The Senate met pursuant to adjournment at 9:00 o'clock, A. .\ti. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Vandiviere, vice-chairman of the committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 847.
Respectfully submitted,
DAVIs, Chairman.
Mr. Lankford of the 15th District, Chairman of the Committee on Finance, submitted the following report:
Mr. President:
Your Committee on Finance has had under consideration the following bill of the House and has instructed me,
WEDNESDAY, AuausT 21, 1929.
1027
as Chairman, to report the same back to the Senate with the recommendation that the same do pass as amended.
House Bill No. 314. Respectfully submitted, LANKFORD, Chairman.
Mr. Rawls of the 8th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:
Mr. Presidenr:
Your Committee on Amendments to Constitution has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 288.
Respectfully submitted,
RAwLs, Chairman
Mr. Vaughn of the 34th District, Chairman of the Committee on Commerce and Labor, submitted the following report:
Mr. President:
Your Committee on Commerce and Labor has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 284.
Respectfully submitted,
VAUGHN, Chairman.
1028
JOURNAL OF THE SENATE,
The following bills, favorably reported, were read the second time:
By Mr. Williams of the 27th-
Senate Bill No. 284. A bill to fix compensation of the Assistant Commissioner of Commerce and Labor.
By Mr. Whaley of the 35th-
Senate Bill No. 288. A bill to allow Fulton County to pay pensions to employees.
By Mr. Atwood of Mcintosh-
House Bill No. 818. A bill to require dogs in Mcintosh County to be inoculated against rabies.
By Bibb Delegation-
House Bill No. 847. A bill to amend the charter of the City of Macon.
The following resolution of the Senate was read the third time and placed upon its passage:
By Mr. Redwine of the 26th-
Senate Resolution No. 69. A resolution authorizing State Librarian to furnish certain law books to Fayette County.
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 28, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bills were read the third time and placed upon their passage:
WEDNESDAY, AUGUST 21, 1929.
1029
By Mr. Whaley of the 35th-
Senate Bill No. 285. A bill to amend the charter of the City of Atlanta.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Whaley of the 35th-
Senate Bill No. 286. A bill to provide for the disposition of Park property.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. McClain of Pickens and Rosser of Walker-
House Bill No. 659. A bill to prohibit shooting deer in certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0. The bill having received the requisite constitutional majority was passed.
By Messrs. New, Coleman and Beddingfield of Laurens-
House Bill No. 697. A bill to repeal the charter of the town of Rockledge.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
1030
JOURNAL OF THE SENATE,
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Alexander, Ramspeck and Weekes of DeKalb-
House Bill No. 828. A bill to amend the charter of Stone Mountain.
The report of the committee, which was favorable to the passage Qf the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Colson of Glynn-
House Bill No. 839. A bill to amend the charter of the City of Brunswick.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Cochran and Mardre of Thomas-
House Bill No. 841. A bill to amend the charter of the City of Thomasville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
WEDNESDAY, AuousT 21, 1929.
1031
By Mr. Kennedy of Lamar-
House Bill No. 842. A bill to create board of Commissioner for Lamar County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Alexander, Ramspeck and Weekes of DeKalb-
House Bill No. 843. A bill to amend the charter of the City of Chamblee.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Alexander, Ramspeck and Weekes of DeKalb-
House Bill No. 845. A bill to amend the charter of the town of Doraville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution was read the third time and placed upon its passage: By Mr. Byars of Spalding-
House Resolution No. 130. A resolution authorizing
1032
JouRNAL oF THE SENATE,
State Librarian to furnish certain books to Judge of the Griffin Judicial Circuit.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Myrick, Vice-Chairman of the committee on Rules, submitted the following report:
Mr. President:
Your committee on rules has established the following as the calendar of business for Wednesday, August 21st, 1929.
House Bill No. 135-834-a. To relieve V. E. Manget as Surety on Bond.
House Resolution No. 136-834-b. To relieve A. S. Ryals, Sr. from Sureties on Bond.
House Resolution No. 138-834-d. To relieve M. Strickland and A. E. Daniels as Surety on Bond.
House Resolution No. 131-814-b. To regulate distribution of motor vehicle list by Secretary of State.
Senate Bill No. 265. Constitutional Amendment exemption certain Industries.
Senate Blll No. 279. Constitutional Amendment to allow counties to expend public funds for printing.
The above calendar to be discontinued at 10:30, and then to be followed by the following:
House Bill No. 314. Sales Tax Bill. House Bill No. 543. Occupation Tax on Corporations. Senate Bill No. 230. Mechanics Lien Bill.
WEDNESDAY, AUGUST 21, 1929.
1033
The following resolutions were read the third time and placed upon their passage:
By Messrs. McKoy and Kinnard of Coweta-
House Resolution No. 135. A resolution to relieve V. E. Manget as surety on bond.
The report of the Committee, w~ich was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution the ayes were 26, nays 0.
The resolution having received the requisite constitutional majority was passed.
By Mr. Cooper of Bibb-
House Resolution No. 136. A resolution to relieve A.
J. Ryals, Sr. from surety on 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 26, nays 0. The resolution having received the requisite constitutional majority was passed.
By Mr. Martin of Troup-
House Resolution No. 138. A resolution to relieve M. Strickland and A. E. Daniel as sureties on 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 28, nays 0. The resolution having received the requisite constitutional majority was passed.
By Mr. Barrett of StephensHouse Resolution No. 131. A resolution regulating the
1034
JOURNAL OF THE SENATE,
distribution of motor vehicle list by the Secretary of State. The report of the committee, which was favorable to the
passage of the resolution, was agreed to.
,On the passage of the resolution the ayes were 29, the nays 0.
The resolution having received the requisite constitutional majority was p;3.ssed.
The following bill was read the third time and placed upon its passage:
By Mr. Platt of the 7thSenate Bill No. 265.
:\ BILL.
To be entitled an Act, To Amend Article Seven (7), Section two (2), Paragraph two and twoA (2 and 2:\) of the Constitution of this State by adding after Paragraph 2:\, another paragraph to be known as "Paragraph 2B", to-wit:
"Paragraph 2B. Any person natural or artificial, a resident of this State, who may after January 1st, 19:30, build, equip, establish or enlarge a plant for the manufacture or processing of paper from wood, cotton stalks, corn stalks, wheat straw, oat straw, sugar cane pummies or pulp, peanuts and peanut hulls, and pecans and pecan hulls, or from any plant that may be grown which is suitable for the manufacture or processing of paper of any kind may, as to such building, enlargement or equipment, be exempt from all county, incorporated town or city ad valorem taxes for a period of time not exceeding five (5) years from the date of the beginning of the building, equipment or enlargement of such plants. The legislature is herewith empowered to make provision for the operation of this paragraph by appropriate legislation, provided such exemption shall be approved by a majority of the electors voting
WEDNESDAY, AUGUST 21, 1929.
1035
m such county, incorporated town or city proposing said exemption."
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, That Article seven (7), Section two (2), Paragraphs two and twoA (2 and 2A) of the Constitution of the State of Georgia be and the same is hereby amended by adding after Paragraph 2A another paragraph to be known as "Paragraph 2B", to-wit:
"Paragraph 2B. Any person, natural or artificial, a resident of this State, who may after January 1st, 1930, build, equip, establish or enlarge a plant for the manufacture or processing of paper from wood, cotton stalks, corn stalks, wheat straw, oat straw, sugar cane pummies or pulp, or from any plant that may be grown which is suitable for the manufacture or processing of paper of any kind may, as to such building, enlargement, or equipment, be exempt from all county, incorporated town or city ad valorem taxes for a period of time not exceeding five years (5) from the date of the beginning of the building, enlargement or equipment of such plants. The legislature is herewith empowered to make provisions for the operation of this paragraph by appropriate legislation, provided such exemptions shall be approved by a majority of the electors voting in such county, incorporated town or city proposing said exemption."
Sec. 2. Be it further enacted by the authority aforesaid, That when amendment shall be agreed to by a vote of two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in one newspaper in each congressional district in this State for the period of two months next preceding the time of holding the next general election.
1036
JOURNAL OF THE SENATE,
Sec. 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification to the electors of this State at the next general election to be held after the publication as provided in Section 2 of this Act, in the several election districts of this State at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the constitution shall have written or printed on their ballots the words: "For amendment of constitution to encourage additional manufacturing and industrial enterprises in Georgia by exempting from city, incorporated towns and county, taxes for a period of time not exceeding five years", and all persons opposed to the adoption of said amendment shall have written or printed on their ballots "Against amendment of constitution to encourage additional manufacturing and industrial enterprises in Georgia by exempting from city, incorporated towns and county, taxes for a period of time not exceeding five years".
Sec. 4. Be it further enacted by the authority aforesaid, That the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in this Act to a vote of the people as required by the constitution of this State in :-\rticle 1:3, Section 1, Paragraph 1, and if ratified the Governor shall, when he ascertains such ratification from the Secretary of State to whom the returns shall be referred in the manner as in cases of elections for members of the General A.ssembly, to count and ascertain the result, issue his proclamation for one insertion in one of the daily papers of this State announcing such result and declaring the amendment ratified.
Sec. 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the Act be and the same are hereby repealed.
WEDNESDAY, AucusT 21, 1929.
1037
Mr. Neill of the 24th moved to amend the bill by including the words "Peanuts, peanut hulls, pecans, pecan hulls" to line 8 of the bill, immediately after the word "pulp."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
The bill proposing an amendment to the constitution, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Ham, T. C.
Harris, B. F. Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W. T. Lawson, H. F. Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Mickle, C. M. Nichols, A. J. Paulk, R. Peek, Chas. W.
Peebles, Leon L. Pickering, V. C. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Vandiviere, H. G. Whaley, W. V. Williams, E. M. Williams, Felix C.
On the passage of the bill the ayes were 39, the nays 0.
The bill having received the requisite two-thirds constitutional majority was passed as amended.
The following message was received from the House through l\lr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House and Senate, towit:
1038
JouRNAL oF THE SENATE,
By Messrs. Brown and Still and Miss Kempton of Fulton-
House Bill No. 854. A bill to amend the charter of the City of East Point.
By Messrs. Moore and Parker of Colquitt-
House Bill No. 857. A bill to amend an Act creating a Board of Commissioners for Colquitt County.
By Messrs. Weekes and Ramspeck of DeKalb-
House Bill No. 859. A bill to amend the charter of the City of Decatur.
By Mr. Allen of the 41st-
Senate Bill No. 453. A bill to empower School Commissioners for City of Blue Ridge to pay over certain funds.
By Mr. McElmurray nof the 17th-
Senate Bill No. 269. A bill to amend an Act creating Board of Commissioners for Burke County.
By Mr. Lankford of the 35th-
Senate Bill No. 271. A bill to repeal an Act creating Board of Commissioners for Toombs County.
By Mr. Lankford of the 15th-
Senate Bill No. 272. A bill to repeal an Act providing for the working of public roads in Toombs County.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the Senate as amended, to-wit:
WEDNESDAY, AuGUST 21, 1929.
1039
By Mr. Lankford of the 15th-
Senate Bill No. 270. A bill to create a Board of Commissioners for County of Toombs.
The following message was received from the House through Mr. 1\Ioore, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bills of the House, to-wit:
By Mr. Mundy of Clayton-
House Bill l'\o. 734. A bill to amend an Act creating the City Court of Jonesboro.
The following message was received from the House through .Mr..Moore, the Clerk thereof:
Mr. President:
The House has ag:reed to the Senate amendment to the following bills of the House, to-wit:
By Messrs. Alexander, Grayson and Mills of Chatham-
House Bill No. 738. A bill to amend the charter of the City of Savannah.
The following House bills were read the first time and referred to committees:
By Fulton Delegation-
House Bill l'\o. 854. A bill to amend an Act creating new charter for the City of East Point.
Referred to Committee on Corporations.
By Messrs. Moore and Parker of Colquitt-
House Bill l'\o. 857. A bill to amend an Act creating Board of Commissioners for Colquitt County.
1040
JouRNAL oF THE SENATE,
Referred to Committee on Counties and County Matters.
By Messrs. Ramspeck and Weekes of DeKalb-
House Bill No. 859. A bill to amend an act creating new charter for the City of Decatur.
Referred to Committee on Corporations.
The following bill was read the third time and taken up for consideration:
By Mr. Williams of the 27th-
Senate Bill No. 279. A b-ill. to amend constitution, to allow counties to levy taxes to raise public funds for advertizing purposes.
Mr. Kidd called for the previous question and the call was sustained.
Mr. Kidd of the 9th moved to amend the bill as follows:
"Amend by adding the following proviso "Provided that the provisions of this Act shall not be operative in any county which is in debt and without surplus money in the Treasury."
The amendment was adopted.
On agreeing to the report of the committee Mr. Williams of the 27th called for the ayes and nays and the call was not sustained.
The report of the committee, which was favorable to the passage of the bill as amended, was disagreed to and the bill was lost.
The following bill was read the third time and placed upon its passage:
By Messrs. Crawford, Davis and Lanham of FloydHouse Bill No. 761. A bill to amend code of Georgia
WEDNESDAY, AuGusT 21, 1929.
1041
regulating and fixing fees of land processioner, insofar as same relates to Floyd County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill Mr. Kidd called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. 0. Atkinson, B. A. Bird, A. J. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. l'ord, P. B. Garrison, J. M. Goode, Geo. L. Ham, T. 0.
Hyman, J. E. Kidd, W. J. King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, 0. E. Mashburn, Marcus Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W.
Peebles, Leon L. Pickering, V. C. Pitner, J. M. Platt, Wm. H. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vaughn, C. R. Whaley, W. V. Williams, Felix 0. Zellars, B. B.
Those voting in the negative were Messrs.:
Wright, Seaborn
On the passage of the bill the <Jyes were 39, nays 1.
The bill having received the requisite constitutional majority was passed.
Mr. Lawson of the 14th asked unanimous consent that House Bill No. 457, having previously been adversely reported, be withdrawn from the Senate and recommitted to the Committee on General Judiciary No.2, and the consent was granted.
The following message was received from the House through Mr. Moore, the Clerk thereof:
1042
JOURNAL OF THE SENATE,
Mr. President:
The House has agreed to the Senate Amendment to the following bill of the House, to-wit:
By Mr. Boykin of Lincoln-
House Bill No. 143. A bill to be entitled an Act to levy a tax on net incomes, and for other purposes-(Boykin Statutory Income Tax.)
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
Thr House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
By Mr. Ellis of Towns-
House Bill No. 806. A bill to amend an Act exempting certain militia districts of Towns County from operation of Code relative to district line fences.
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 860. A bill to amend an Act creating civil service commission for the City of Augusta.
By Mr. Patten of Lanier-
Hause Bill No. 861. A bill to amend the charter of the City of Lakeland.
By Mr. Patten of Lanier-
Hause Bill No. 862. A bill to prescribe the jurisdiction of the County Court of Lanier County.
By Miss Kempton and Messrs. Brown and Still of Fulton-
House Bill No. 863. A bill to amend the charter of the City of Atlanta.
WEDNESDAY, AUGUST 21, 1929.
1043
By Messrs. Alexander, Ramspeck and Weekes of DeKalb-
House Bill No. 865. A bill to amend the charter of the City of Decatur.
By Mr. Stokes of Twiggs-
Hause Bill No. 867. A bill to amend the Act creating Board of Commissioners of Twiggs County.
.By Mr. Wall of PutnamHouse Bill No. 868. A bill to repeal an Act creating County Courts in certain counties with reference to Putnam County.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the Senate, to-wit:
By Mr. Platt of the 7th-
Senate Bill No. 273. A bill to create a City Court of Thomasville.
By Mr. Platt of the 7th-
Senate Bill No. 276. A bill to amend the charter of the City of Thomasville.
By Mr. Lankford of the 15th-
Senate Bill No. 281. A bill to amend the charter of the City of Vidalia.
The following bill was read the third time and placed upon its passage:
1044
JOURNAL OF THE SENATE,
By Mr. Key of Jasper and others-
House Bill No. 314. A bill to provide for raising revenue by a tax upon the privilege of engaging in certain occupations, and for other purposes.
Mr. King of the 11th called for the previous question on the bill and all amendments and the call was sustained.
The finance committee moved to amend the bill as follows:
"A.mend by adding at the end of the words "State Tax Commission" wherever same occurs in said bill, the letters "er", so that wherever the words" State Tax Commission" appear the same shall read "State Tax Commissioner."
The amendment was adopted.
The Finance committee further moved to amend as follows:
"Amend Section 6, by striking the words "2 mills" and inserting therefor the words "3 mills."
The amendment was adopted.
The committee on Finance further moved to amend as follows:
By adding the following section to said bill:
"Be it further enacted that the aggregate of the tax payable hereunder by any tax payer during any tax year or fractional part thereof, shall be reduced in the amount of any tax imposed on the net income of such taxpayer and paid by him to the State during the same period; and if the amount of such tax on his net income exceeds the tax payable hereunder, no tax shall be collected under this Act. At the time of making any quarterly payment of the tax imposed hereby the taxpayer may take credit for the amount of any such tax on his net income paid by him during the three months immediately preceding such
WEDNESDAY, AUGUST 21, 1929.
1045
payment, but subsequent adjustments may be made so as to effect the reduction of the aggregate tax payable hereunder for any tax year, or fractional part thereof, to the full extent of any tax on his net income paid by such taxpayer during such period. Provided, however, that should it be held in any judicial proceeding that the enforcement of this provision would render invalid, in whole or in part, this law or the law providing for said income tax, then this provision shall itself become null and void be ineffective and unenforceable, and this law and said income tax law shall stand as though this provision had not been adopted."
On the adoption of the amendment Mr. Kidd called for the ayes and nays and the call was sustained.
The roll was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alston, G. C. Atkinson, B. A. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Lankford, Geo. W. Lawson, H. F. Mashburn, Marcus
Mickle, C. M. Myrick, Shelby Nichols, A. J. Peek, Chas. W. Pickering, V. C. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D.
Sibley, J. Hart Terrell, J. Render Tyson, Wm. S. Vandiviere., H. G. Vaughn, C. R. WhaleY, W. V. Williams, E. M. Zellars, B. B.
Those voting in the negative were Messrs.:
Adams, Geo. W. Allen, Wade Barrett, J. B. R. Bird, A. J. Brewer, J. C. Dame, George M. Davis, J. S. Ham, T. C.
Harris, B. F. Hyman, J. E. Kidd, W. J. King, E. R. Lane, W. T. Lokey, C. E. Mathews, Sam M.
McElmurray, W. L. Paulk, R. Peebles, Leon L. Pitner, J. M. Smith, Jno. A. Williams, Felix C. Wright, Seaborn
Ayes 25, nays 22.
The amendment was adopted.
1046
JouRN'AL oF THE SENATE,
Messrs. Zellars, Peebles and Rawls moved to amend as follows:
"By striking from said bill wherever the words appear, the words "State Tax Commissioner" and by substituting therefor the following words to-wit: "The State Department of Revenue."
On the adoption of the amendment the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Alston, G. C. Atkinson, B. A. Bird, A. :I. Dame, George M.
Garrison, :r. M.
Ham,T.C. Harris, B. F.
H:vman, :r. E.
Kidd, w. :r. Lokey, c. E.
Mashburn, Marcus
McElmurray, W. L.
Myrick, Shelby
Nichols, A. :r.
Paulk, R.
Peek, Chas. W.
Peebles, Leon L. Pickering, V. C. Rawls, H. G. Vandivire, H. G. Vaughn, C. R. Williams, Felix C. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Allen, Wade
:r. B. R. Barrett, Brewer, :r. C.
Cook, Jno. M.
Davis, :r. S. Dorsey, :r. H. Fletcher, :r. M.
Ford,P.B.
Goode, Geo. L. King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Mathews, Sam M.
Mickle, c. M.
Pitner, :r. M.
Platt, Wm. H.
Redwine, Chas. D.
Sibley, :r. Hart
Smith, :rno. A.
Terrell, :r. Render
Whaley, w..v.
Ayes 25, nays 22.
The amendment was adopted.
Mr. Redwine of the 26th moved to amend the bill as follows:
"Amend Section 10, sub-paragraph a, following the word "banks" and before the word "organized", by adding the following "and trust companies doing a banking business."
The amendment was adopted.
WEDNESDAY, AucusT 21, 1929.
1047
l\Ir. Myrick of the 1st, Tyson of the 2nd and Atkinson of the 4th moved to amend the bill as follows:
"Amend Section 3, by adding between 1st and 2nd paragraph of said section the following, "Provided that for the purposes of this Act persons, firms or corporations engaged in the business of packing, canning and preserving sea foods, shall be deemed manufacturers."
;\-lr. Vaughn moved to amend the amendment as follows:
"Amend by adding thereto the following "with respect to said sea food so canned or preserved."
The amendment to the amendment was adopted.
The amendment as amended was adopted.
Mr. Mathews of the 23rd moved to amend the bill as follows:
"Amend by adding the following language, to-wit:
That all persons, firms and corporations engaged in the business of canning and preserving peaches, or other fruits or vegetables shall be deemed manufacturers under this :\ct."
The amendment was adopted.
~Iessrs. Wright of the 42nd and :Myrick of the 1st moved to amend as follows:
"By adding a new section to be numbered Section 26, and renumbering the remaining section accordingly, as follows: "Be it further enacted that the provisions of this Act shall not apply to retail merchants."
On the adoption of the amendment Mr. Wright called for the ayes and nays and the call was sustained.
1048
JOURNAL OF THE SENATE,
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Barrett, J. B. R. Dame, George M.
Garrison, J. M. McElmurray, W. L. Myrick, Shelby
Williams, Felix 0. Wright, Seaborn
Those voting in the negative were Messrs.:
Adams, Geo. W. Alston, G. 0. Atkinson, B. A. Bird, A. J. Brewer, J. 0. Oook, Jno. M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Goode, Geo. L. Ham, T. 0. Harris, B. F. Hyman,J.E.
Kidd, W. J. King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, 0. E. Mashburn, Marcus Mathews, Sam M.
Mickle, c. M.
Nichols, A. J. Paulk,R. Peek, Chas. W. Peebles, Leon L.
Pickering, V. 0. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Ohas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Vandiviere, H. G. Vaughn, 0. R. Whaley, W. V. Wllllams, E. M. Zellars, B. B.
Ayes 8, nays 40.
The amendment was lost.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
Mr. Pitner moved that the Senate reconsider its action in adopting the amendment by Senators Zellars, Peebles and Rawls, and the motion prevailed.
Mr. Hyman moved that the Senate reconsider its action in sustaining the call for the previous question and the motion was lost.
On the adoption of the amendment by Senators Zellars, Peebles and Rawls, Mr. Myrick called for the ayes and nays and the call was sustained.
WEDNESDAY, AuousT 21, 1929.
1049
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Bird, A. J. Dame, George M. Garrison, J. M. Hyman, J. E.
Kidd, w. J.
Lokey, C. E. McElmurray, W. L. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W.
Peebles, Leon L. Pickering, V. 0.
Tyson, Wm. s.
Williams, Felix 0. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Alston, G. 0. Barrett, J. B. R. Brewer, J. C. Cook, Jno. M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B.
Goode, Geo. L. Ham,T. 0. King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Mathews, Sam M. Mickle, C. M.
Pitner, J. M. Platt, Wm. H. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Vaughn, C. R. Whaley, W. V.
Ayes 20, nays 24.
Mr. Smith asked unanimous consent that the Secretary dispense with the verification of the roll call.
Mr. Zellars objected.
The Secretary proceeded with the verification of the roll call.
The ayes were 20, the nays 24, and the amendment was lost.
Mr. Lane moved to amend as follows:
"Amend by striking the words" State Tax Commissioner" wherever same appear in said bill and substituting therefor the words "Comptroller General's Office."
On the adoption of the amendment Mr. Kidd called for the ayes and nays and the call was sustained.
1050
JouRNAL oF THE SENATE,
The roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Dame, George M. Davis, J. S.
Hyman, J. E.
Kidd, w. J.
King, E. R. Lane, W. T. McElmurray, W. L. Myrick, Shelby. Nichols, A. J.
Paulk, R. Peek, Chas. W. Peebles, Leon L. Platt, Wm. H. Williams, Felix C Z liars, B. B.
Those voting in the negative were Messrs.:
Alston, G. C. Brewer, J. C. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham,T.C.
Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. Mickle, C. M. Pickering, V. C. Pitner, J. M.
Redwine, Chas. D. Sibley, J.. Hart Smith, Jno. A. Terrell, J. Render Vaughn, C. R. Whaley, W. V. Williams, E. M. Wright, Seaborn
The ayes were 20, nays 24, and the amendment was lost.
Mr. -Williams of the 16th moved that the Senate reconsider its action in adopting the amendment of the Committee permitting the income tax to offset the sales tax and the motion was lost.
The roll call was ordered on the passage of the bill and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alston, G. C. Atkinson, B. A. Bird, A. J. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Goode, Geo. L. Ham,T. C.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Mashburn, Marcus Mathews, Sam M. Mickle, C. M. Nichols, A. J. Pickering, V. C.
Pitner, J. M. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Whaley, W. V. Williams, E. M.
WEDNESDAY, AuousT 21, 1929.
1051
Those voting in the negative were Messrs.:
Adams, Geo. W. Allen, Wade Barrett, J. B. R. Brewer, J. 0. Dame, George M. Garrison, J. M. BJ>man, J. E.
Kidd, w. J.
Lokey, 0. E. McElmurray, W. L. Myrick, Shelby Paulk, R. Peek, Ohas. W. Peebles, Leon L.
Platt, Wm. H. Vandiviere, H. G. Vaughn, 0. R. Williams, Felix 0. Wright, Seaborn Zellars, B. B.
Mr. Smith of the 25th asked unanimous consent to dispense with the verification of the roll call.
Mr. Kidd objected.
The Secretary proceeded to verify the roll call.
On the passage of the bill the ayes were 27, nays 19.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Lankford of the 15th asked unanimous consent that the bill be immediately transmitted to the House.
Mr. Myrick of the 1st objected.
Mr. Lankford of the 15th moved that the bill be immediately transmitted to the House.
Mr. Myrick gave notice that at the proper time he would move that the Senate reconsider its action in passing House Bill No. 314.
On the motion of Mr. Lankford, Mr. Kidd of the 9th called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alston, G. 0. Atkinson, B. A. Bird, A. J. Brewer, J. 0. Davis, J. S. Dorsey, J. H.
Fletcher, J. M. Ford,P.B. Goode, Geo. L. Ham,T. 0. King, E. R. Lane, W.T.
Lankford, Geo. W. Lawson, H. F. Lokey, 0. E. Mashburn, Marcus Mathews, Sam M. Mickle, C. M.
1052
JOURNAL OF THE SENATE,
Nichols, A. J. Pickering, V. C. Pitner, J. M. Redwine, Chas. D.
Sibley, J. Hart Terrell, J. Render Tyson, Wm. S.
Vaughn, C. R. Whaley, W. V. Williams, E. M.
Those voting in the negative were Messrs.:
Adams, Geo. W. Allen, Wade Barrett, J. B. R. Dame, George M. Garrison, J. M. Hyman, J. E.
Kidd, W. J. McElmurray, W. L. Myrick, Shelby Paulk, R. Peek, Chas. W.
Peebles, Leon L. Platt, Wm. H. Williams, Felix C. Wright, Seaborn Zellars, B. B.
The ayes were 28, nays 16, and the motion prevailed.
Mr. Myrick asked unanimous consent that when the Senate adjourn this morning it stand adjourned until 3:30 P. M. today, and the consent was granted.
Mr. Myrick moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until 3:30 P. M. this afternoon.
AFTERNOON SESSION,
SENATE CHAMBER.
The Senate met pursuant to adjournment at 3:30 P. M. this afternoon and was called to order by the President.
Mr. Lawson of the 24th District, Chairman of the Committee on General Judiciary No.2, submitted the following report:
Mr. President: Your Committee on General Judiciary No. 2 has had
under consideration the following bill of the House and
WEDNESDAY, AucusT 21, 1929.
1053
has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 457. Respectfully submitted, LAwsoN, Chairman.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bills Nos. 770-844-848-857.
Respectfully submitted, GooDE, Chairman.
Mr. Brewer of the 46th District, Vice-Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President:
Your Committee on Privileges and Elections has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 743.
Respectfully submitted,
BREWER, Chairman.
1054
JOURNAL OF THE SENATE,
The following bills, favorably reported, were read the second time:
By Fulton Delegation-
House Bill No. 57. A bill to amend civil code as relates to execution dockets.
By Messrs. Brown and Still of Fulton-
House Bill No. 770. A bill to authorize payment of pensions to county employees.
By Mr. Beasley of Tattnall-
House Bill No. 844. A bill to change time for collection of road tax in Tattnall County.
By Bibb Delegation-
House Bill No. 848. A bill to amend an Act establishing Board of Commissioners for Bibb County.
The following resolution was read and adopted:
By Mr. Adams of the 28th-
Senate Resolution No. 72. A resolution commending erection of Memorial to Joel Chandler Harris at South Calvary Episcopal Church in Fletcher, South Carolina.
The following bill was read the third time and placed upon its passage:
By Mr. Blalock of Rabun-
House Bill No. 743. A bill to exempt certain militia districts in Rabun County from the provisions of the Code as relates to elections, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
WEDNESDAY, AUGUST 21, 1929.
1055
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te ccnstitutional majority the following bills of the House, to-wit:
By Mr. Barrett of Stephens-
House Bill No. 587. A bill to be entitled an Act to authorize the Governor to set apart certain sums arising from taxes upon distributors of fuels for meeting the obligations incurred by the State Highway Department, and for other purposes.
By Messrs. Sloan of Hall and Griffin of Decatur-
House Bill No. 633. A bill to be entitled an Act to provide for distribution of all funds under control of Highway Board, and for other purposes.
By Mr. Bentley of Murray-
House Bill No. 641. A bill to be entitled an Act to amend the Act providing for an annual increase of pensions paid Confederate soldiers and their widows, and for other purposes.
The following House bills were read the first time and referred to committees:
By Mr. Barrett of Stephens-
House Bill No. 587. A bill to authorize Governor to set apart certain sums for meeting the obligations incurred by the State Highway Department.
Referred to Committee on Highways.
1056
JouRNAL OF THE SENATE,
By Messrs. Sloan of Hall and Griffin of Decatur-
House Bill No. 633. A bill to provide for distribution of all funds under control of State Highway Board.
Referred to Committee on Highways.
By Mr. Bentley of Murray-
House Bill No. 641. A bill to amend an Act providing for an annual increase of pensions paid confederate soldiers and their widows.
Referred to Committee on Appropriations.
By Mr. Ellis of Towns-
House Bill No. 806. A bill to exempt certain districts in Towns County from operation of Code relative to district line fences.
Referred to Committee on Counties and County Matters.
By Richmond DelegationHouse Bill No. 860. A bill to amend an Act to create
Board of civil service for City of Augusta.
Referred to Committee on Municipal Government.
By Mr. Patten of LanierHause Bill No. 861. A bill to amend the charter of the
City of Lakeland.
Referred to Committee on Municipal Government.
By Mr. Patten of LanierHause Bill No. 862. A bill to prescribe the jurisdiction
of the County Court of Lanier.
Referred to Committee on Special Judiciary.
WEDNESDAY, AUGUST 21, 1929.
1057
By Fulton Delegation-
House Bill No. 863. A bill to provide for the purchase and disposition llf park property in cities of Georgia having more than 200,000 population.
Referred to Committee on Public Property.
By Fulton Delegation-
House Bill No. 864. A bill to amend an Act establishing new charter for the City of Atlanta.
Referred to Committee on Municipal Government.
By DeKalb Delegation-
House Bill No. 865. A bill to amend Act establishing new charter for the City of Decatur.
Referred to Committee on Corporations.
By Mr. Stokes of Twiggs-
House Bill No. 867. A bill to amend an Act creating Board of Commissioners for Twiggs County.
Referred to Committee on Counties and County Matters.
By Mr. Wall of Putnam-
House Bill No. 868. A bill to repeal an Act creating County Courts except in certain counties as applies to Putnam.
Referred to Committee on Corporations.
The following bill was read the third time and placed upon its passage:
By Mr. Davis of Floyd and others-
House Bill No. 543. A bill to provide for an occupational tax on corporations.
1058
JOURNAL OF THE SENATE,
The Committee on Finance moved to amend the bill as follows:
"Amend by adding after sub-section I, of Section 4 and at the conclusion thereof a new sentence reading as follows: "Provided that in the case of a railroad company located partly in the State and partly in other States, it shall only be necessary for said railroad company to report its total mileage in all States and its total mileage in this State and the tax assessable against it under this Act shall be upon that proportion of its total capital as to mileage in this State bears to its total mileage both within and without this State."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 29, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
The following bill was read the third time and taken up for consideration:
By Mr. Alexander of Chatham-
House Bill No. 362. A bill to make appropriations for the fiscal years of 1930 and 1931.
Mr. Redwine moved that Senate Bill No. 75 be taken from the table and the motion prevailed.
Mr. Myrick moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until tomorrow morning at 9:00 o'clock.
THURSDA':, AUGUST 22, 1929.
1059
SENATE CHAMBER, ATLANTA, GEORGIA,
THuRsDAY, AuGusT 22, 1929.
The. Senate met pursuant to adjournment at 9:00 o'clock, A.M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mt. Pitner gave notice that at the proper time he would move that the Senate reconsider its action in passing House Bill No. 743 on yesterday.
Mr. Mathews of the 23rd, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Pitner moved that the Senate reconsider its action in passing House Bill No. 743 on yesterday.
Mr. Allen of the 41st called for the previous question and the call was sustained.
The motion was lost.
By unanimous consent the following bill was withdrawn from the Committee on Amendments to the Constitution read the second time and recommitted:
By Fulton Delegation-
House Bill No. 550. A bill to amend the constitution so as to authorize the county commissioners of Fulton County to establish and administer sewerage, water and fire prevention systems.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
1060
JOURNAL OF THE SENATE,
Mr. President:
Your Committee on Counties and County Matters has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 867.
House Bill No. 806.
Respectfully submitted,
GooDE, Chairman.
Mr. Terrell of the 36th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 587.
House Bill No. 633. Respectfully submitted, TERRELL, Chairman.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President:
Your Committee on Corporations has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate
THURSDAY, AUGUST 22, 1929.
1061
with the recommendation that the same do pass: House Bill No. 854. House Bill No. 859. House Bill No. 865. Respectfully submitted, LANE, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 862. Respectfully submitted, DoRsEY, Chairman.
Mr. Davis of the 21st District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 864. House Bill No. 861. House Bill No. 860.
Respectfully submitted, DAvis, Chairman.
1062
JouRNAL OF THE SENATE,
The following bills, favorably reported, were read the second time:
By Mr. BarrettofStephens-
House Bill No. 587. A bill to authorize the Governor to set apart certain sums for meeting the obligations incurred by the State Highway Department.
By Messrs. Sloan of Hall and Griffin of Decatur-
House Bill No. 633. A bill to provide for the distribution of all funds under control of the Highway Board.
By Mr. Ellis of Towns-
House Bill No. 806. A bill to exempt certain militia districts in Towns County from operation of Code relative to district line fences.
By Fulton Delegation-
House Bill No. 854. A bill to amend an Act creating a new charter for the City of East Point.
By Messrs. Moore and Parker of Colquitt-
House Bill No. 857. A bill to amend an Act creating a board of commissioners for Colquitt County.
By Messrs. Ramspeck and Weekes of DeKalb-
House Bill No. 859. A bill to amend the charter of the City of Decatur.
By Richmond DelegationHouse Bill No. 860. A bill to amend an Act creating
a civil service commission for Augusta.
By Mr. Patten of LanierHause Bill No. 861. A bill to amend the charter of the
City of Lakeland.
THURSDAY, AUGUST 22, 1929.
1063
By Mr. Patten of Lanier-
Hause Bill No. 862. A bill to prescribe jurisdiction of the county court of Lanier County.
By Fulton Delegation-
House Bill No. 864. A bill to amend an Act establishing a new charter tor the City of Atlanta.
By DeKalb Delegation-
House Bill No. 865. A bill to amend an Act establishing a new charter for the City of Decatur.
By Mr. Stokes of Twiggs-
Hause Bill No. 867. A bill to amend an Act creating a board of commissioners for Twiggs County.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to wit:
By Mr. Ross of Appling-
House Bill No. 1. A bill to appropriate $100,000.00 to the State Board of Health for treatment of cancer.
By Mr. Allen of Baldwin-
House Bill No. 3. A bill to appropriate $250,000.00 to the Georgia State Sanitarium for building purposes.
By lvlr. Key of Jasper-
House Bill No. 140. A Bill to amend the Code relative to transfers of stock of corporations and for other purposes
1064
JOURNAL OF THE SENATE,
By Mr. Lewis of Hancock-
Hous.e Bill No. 191. A bill to fix the salary of the State Veterinari<}n.
By Messrs. Crawford, Davis and Lanham of Floyd-
House Bill No. 222. A bill to appropriate $50,000.00 to build a hospital for the school for the deaf.
By Messrs. Jones of McDuffie and West of Randolph-
House Bill No. 232. A bill to prohibit the use of steel trO}pS in catching game in this State.
By Mr. Edwards of Gilmer-
House Bill No. 261. A bill to amend an Act for the protection of game and fish.
By Messrs. Kirby of Forsyth and Jones of Lumpkin-
House Bill No. 282. A bill to change the name of North Georg1ia Agricultural College.
By Mr. Perkins of Jenkins and others-
House Bill No. 298. A bill to appropriate $75,000.00 for the acquisition and construction of dormitories for the Training School of Mental Defectives.
By Mr. Beaton of Ware and othersHouse Bill No. 328. A bill to appropriate $30,000.00
to build a nurses' home at the Tuberculous Sanitarium.
By Messrs. Hutchinson and Rosser of WalkerHouse Bill No. 418. A bill to prescribe the lawful sea-
son for hunting doves. By Messrs. Brown of Greene and Roberts of Muscogee-
House Bill No. 498. A bill to amend an Act requiring
THURSDAY, AUGUST 22, 1929.
1065
the State Veterinarian to inspect dairies and for other purposes.
By Mr. Kennedy of Lamar and others-
House Bill No. 515. A bill to amend the caption of an Act relative to indigent soldiers.
By Mr. Wilson of Wilcox.-
House Bill No. 538. A bill to appropriate $250,000.00 to renovate the State Capitol.
By Mr. Collier of Madison-
House Bill No. 592. A bill to require the registration of all motor vehicles hauling freight or passengers for hire.
By Messrs. Martin and Mooty of Troup and Barker of Heard-
House Bill No. 795. A bill to amend the Constitution to permit the City of West Point to exempt power companies from taxation.
By Miss Kempton and Messrs. Brown and Still of Fulton-
House Bill No. 769. A bill to amend the Constitution to allow Fulton County to pay pensions to county employees.
By Mr. Jackson of Bleckley-
House Bill No. 836. A bill to amend an Act creating Middle Georgia A. & M. Junior College.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional
1066
JouRNAL oF THE SENATE,
majority the following bills and resolutions of the House, to-wit:
By Mr. Cooper of Bibb-
House Bill No. 849. A bill to be entitled an Act to amend the Act providing for the salary of the Special Criminal Bailiff in certain counties, and for other purposes.
By Mr. Still of Fulton-
House Bill No. 850. A bill to be entitled an Act to amend the Act establishing a new charter for the City of Atlanta, and for other purposes.
By Mr. Lewis of Hancock-
House Bill No. 869. A bill to be en ti tied an :\ct to amend the charter of the City of Sparta, and for other purposes.
By Mr. Kirby of Forsyth-
House Bill No. 870. A bill to be entitled an Act to amend the alternative road tax system for certain counties, and for other purposes.
By Mr. Kirby of Forsyth-
House Bill N.J. 871. A bill to be entitled an Act to amend the charter for the Town of Cummings, and for other purposes.
By Mr. Geer of Miller-
House Bill No. 873. A bill to be entitledanActtoamend the Act incorporating the City of Pearson, and for other purposes.
THURSDAY, AUGUST 22, 1929.
1067
By Mr. Oliver of Quitman-
House Bill No. 874. A bill to be entitled an Act to amend the Act approved August 19, 1919, so as to increase the number of county commissioners of Quitman County, and for other purposes.
By Mr. Traylor of Richmond-
House Resolution No. 155. A resolution to authorize the SpeCJker of the House and the President of the Senate to appoint a committee to perfect the Traylor-Neill Highway Bill.
By Mr. Gullatt of Campbell-
House Resolution No. 156. A resoluti')n to relieve S. D. Wilson as surety on bond.
The following message was received from the House through Mr. Moore, the Clerk thereof:
lvfr. President:
The House has passed by the requlSlte constitutional majority the following bill and resolution of the Senate, to-wit:
By Mr. Allen of the 41st-
Senate Bill No. 255. A bill to be entitled an Act to amend an Act for the protection of game, fish and fur-bearing animals, and for other purposes.
By Mr. Sibley of the 19th-
Senate Resolution No. 71. A resolution requesting the Department of State Audits to furnish the next General Assembly certain information.
1068
JouRNAL OF THE SENATE,
The following House bills and resolutions were read the first time and referred to committees:
By Mr. Ross of Appling-
House Bill No. 1. A bill to appropriate $100,000.00 to the State Board of Health for treatment of cancer.
Referred to Committee on Appropriations.
By Mr. Allen of BaldwinHouse Bill No. 3. A bill to appropriate $250,000.00
to the Georgia State Sanitarium.
Referred to Committee on Appropriations.
By Mr. Key ofJasper-
House Bill No. 140. A bill to amend the Code relating to sale or transfer of stock of any bank or other corporation.
Referred to Committee on General Judiciary No.2.
By Mr. Lewis of HancockHouse Bill No. Hll. A bill to fix the salary of the State
Veterinarian.
Referred to Committee on Hygiene and Sanitation.
By Floyd Delegation..,House Bill No. 222. A bill to appropriate S50,000.00
for the erection of a hospital for the School for the Deaf.
Referred to Committee on Appropriations.
By Messrs. Jones of McDuffie and West of RandolphHouse Bill No. 232. A bill to prohibit the use of steel
traps in catching game.
Referred to Committee on Game and Fish.
THURSDAY, AUGUST 22, 1929.
1069
By Mr. Edwards of Gilmer-
House Bill No. 261. A bill to repeal an Act for the protection of birds, etc.
Referred to Committee on Game and Fish.
By Messrs. Kirby of Forsyth and Jones of Lumpkin-
House Bill No. 282. A bill to change the name of North Georgia Agricultural College at Dahlonega.
Referred to Committee on University of Georgia and Its Branches.
By Mr. Perkins of Jenkins and Richmond Delegation-
House Bill No. 298. A bill to authorize the construction of dormitories and dwelling for the Superintendent of Georgia Training School for mental defectives.
Referred to Committee on Appropriations.
By Mr. Beaton of\Vare and others-
House Bill No. 328. A bill to appropriate funds for the erection of a nurses' home and a central heating plant at the State Tuberculosis Sanatarium at Alto.
Referred to Committee on Appropriations.
By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 418. A bill to prescribe the lawful season for hunting doves.
Referred to C0mmi ttee on Game and Fish.
By Messrs. Brown of Greene and Roberts of Muscogee-
House Bill No. 498. A bill to amend an Act requiring the State veterinarian to inspect creameries, etc.
Referred to Committee on Agriculture.
1070
JouRNAL oF THE SENATE,
By Mr. Oliver of Quitman-
House Bill No. 874. A bill to increase the number of county commissioners of Quitman County.
Referred to Committee on Counties and County Matters.
By Mr. Gullatt of Campbell-
House Resolution No. 156. A resolution to relieve S. D. Wilson as surety on bond.
Referred to Committee on Special Judiciary.
By Mr. Traylor of Richmond-
House Resolution No. 155. A resolution to authorize the Speaker and Presirlent to appoint a committee to perfect the Traylor-Neill Highway Map.
Referred to Committee on Highways.
By Messrs. Kennedy of Lamar aPd Alexander and Grayson of Chatham-
House Bill No. 515. A bill to amend the caption of an Act relating to indigent soldjers.
Referred to Committee on Military Affairs..
By Mr. Wilson of Wilcox-
House Bill No. 538. A bill to appropriate $250,000.00 to complete and renovate the State Capitol.
Referred to Committee on Appropriations.
By Mr. Collier of Madison-
House Bill No. 592. A bill to provide that all motor vehicles hauling freight or passengers for hire to be registered.
Referred to Committee on Highways.
THURSDAY, AuGusT 22, 1929.
1071
By Fulton Delegation-
House Bill No. 769. A bill to amend the Constitution to allow Fulton County to levy a tax for payment of pensions.
Referred to Committee on Constitutional Amendments.
By Messrs. Martin and Mooty of Troup and Barker of Heard-
House Bill No. 795. A bill to amend the Constitution relating to the City of West Point.
Referred to Committee on Amendments to the Constitution.
By Mr. Jackson of Bleckley-
House Bill :t\'"o. 836. A bill to amend an Act creating Middle Georgia Agricultural and Mechanical School.
Referred to Committee on University of Georgia and Its Branches.
By Mr. Cooper of Bibb-
House Bill No. 849. A bill to amend an Act providing for the salary of a Special Criminal Bailiff.
Referred to Committee on Special Judiciary.
By Mr. Still of Fulton-
House Bill No. 850. A bill to amend an Act establishing a new charter for the City of Atlanta.
Referred to Committee on Municipal Government.
By Mr. Lewis of Hancock-
House Bill No. 869. A bill to amend the charter of the City of Sparta.
Referred to Committee on General Judiciary No. 1.
1072
JouRNAL oF THE SENATE,
By Mr. Kirby of Forsyth-
House Bill No. 870. A bill to amend alternative road tax system for certain counties.
Referred to Committee on Counties and County Matters.
By Mr. Kirby of Forsyth-
House Bill No. 871. A bill to amend the charter for the Town of Cummings.
Referred to Committee on Corporations.
By Mr. Geer of Miller-
House Bill No. 873. A bill to amend an Act incorporating the City of Pearson.
Referred to Committee on General Judiciary No. 1.
The following bills were read the third time and placed upon their passage:
By Miss Kempton and Messrs. Still and Brown of Fulton-
House Bill No. 457. A bill to amend Code relating to General Execution Docket.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Atwood of Mcintosh-
House Bill No. 818. A bill to require dogs in Mcintosh County to be inoculated against rabies.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
THURSDAY, AUGUST 22, 1929.
1073
On the passage of the bill the ayes were 31, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Beitsley ofTattnall-
Hou~e Bill No. 844. A bill to change the time of collection of the road tax in Tattnall County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Cooper, Gillen and Nottingham of Bibb-
House Bill No. 847. A bill to amend the charter of the City of Macon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The hill having received the requisite constitutional majority was passed.
By Messrs. Nottingham, Cooper and Gillen of Bibb-
House Bill No. 848. A bill to amend an Act establishing a board of commissioners of Bibb County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the House through Mr. Moore, the Clerk thereof:
1074
JOURNAL OF THE SENATE,
Mr. President:
The House has passed by the reqms1te constitutional majority the following bill of the House, to-wit:
By Mr. Stewart of Atkinson-
House Bill No. 554. A bill to be entitled an Act to appropriate $50,000.00 to the State Veterinarian for the eradication of hog cholera and other diseases of swine in the State of Georgia, and for other purposes.
The following bill of the House was read the first time and referred to committee:
By Mr. Stewart of AtkinsonHouse Bill No. 554. A bill to appropriate S50,000.00
to State Veterinarian for eradicating hog cholera. Referred to Committee on Appropriations. The following bill was read the third time and placed
upon .its passage:
By Mr. Whaley of the 35thSenate Bill No. 288.
A BILL.
To be entitled an Act to propose to the. qualified voters of Georgia an amendment to Article 7, Section 6, paragraph 2, of the Constitution of the State of Georgia by adding thereto the words, "To pay pensions to county officers and employees of Fulton County", so that the General Assembly of the State of Georgia shall have power to delegate to Fulton County in this State the right to levy a tax to pay pensions to county officers and employees; and for other purposes.
THURSDAY, AUGUST 22, 1929.
1075
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 6, paragraph 2, of the Constitution of Georgia be amended by adding thereto the following words, "To pay pensions to county officers and employees of Fulton County", so that said paragraph as amended, in addition to the purposes for which taxes may now be levied, shall authorize the General Assembly of the State of Georgia to delegate to Fulton County in this State the right to levy a tax to pay pensions to county officers and employees.
Sec. 2. Be it further enacted that whenever 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, and the same has been entered upon their Journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each congressional district in this State for a period of two months next preceding the time of holding the next general election.
Sec. 3. Be it further enacted that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided in the second section of this Act in the several electoral districts of this State at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words, "For amendment of paragraph 2, Section 6, Article 7, permitting Fulton County to levy taxes to pay pensions to county officers and employees." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words "Opposed to amendment of paragraph 2, Section 6, Article 7, permitting Fulton County to levy taxes to pay pensions to county officers
1076
JouRNAL OF THE SENATE,
and employees." And if a majority of said electors qualified to vote for the members of the General Assembly voting thereon shall vote for the ratification thereof, 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 7, Section 6, paragraph 2, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
Sec. 4. Be it further enacted, that all laws and parts of laws in conflict herewith, be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing a constitutional amendment the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Dame, George M. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham,T. C.
Harris, B. F. Kidd, W. J. King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Nichols, A. J. Paulk, R. Peek, Chas. W.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Terrell, J. Render
Tyson, Wm. s.
Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite two-thirds constitutional majority was passed.
Mr. Myrick of the 35th, vice-chairman of the Committee on Rules, submitted the following report:
THURSDAY, AUGUST 22, 1929.
1077
Mr. President:
Your Committee on Rules has established the following as the calendar for Thursday, August 22nd, 1929, to-wit:
Senate Bill No. 230. Mechanics Lien Bill.
Senate Bill No. 75. Judges Salary.
Senate Bill No. 113. Salaries of Secretary of State, Comptroller-General, Treasurer, etc.
Senate Bill No. 132. Relating to Unlimited Session of the General Assembly.
Senate Bill No. 131. Providing salaries for members of the General Assembly.
House Bill No. 548. W. & A. Bill.
House Bill No. 110. School Book Bill.
House Bill No. 199. Fertilizer Bill.
House Bill No. 669. With reference to Duties and Responsibilities of Coastal Highway District.
House Bill No. 31. Increasing Membership Board of Fish and Game.
Senate Bill No. 284. Salary of Assistant Commissioner of Commerce and Labor.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has adopted by the requlSlte constitutional majority the following resolution of the House, to-wit:
By Mr. Boykin of Lincoln-
House Resolution No. 158. A resolution relative to the 200th anniversary of the founding of the State of Georgia.
1078
JouRNAL oF THE SENATE,
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bill of the Senate, as amended, to-wit:
By Mr. Myrick of the 1st-
Senate Bill No. 5. A bill to be entitled an Act to provide that in actions against railroads for damages proof of injury shall be prima facie evidence of the want of reasonable skill on the part of the railroad company, 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 reqmstte constitutional majority the following bills of the Senate, to-wit:
By Mr. Whaley of the 35th-
Senate Bill No. 144. A bill to be entitled an Act to give natural and artificial gas companies operating pipe lines the right of eminent domain, and for other purposes.
By Mr. Paulk of the 47th-
Senate Bill No. 232. A bill to be entitled an Act to amend the Act establishing a college of agriculture and mechanic arts as a branch of the University of Georgia known as the South Georgia Agricultural and Mechanical College, and for other purposes.
By Mr. Atkinson of the 4thSenate Bill No. 244. A bill to be entitled an Act to
THURSDAY, AucusT 22, 1929.
1079
amend the Constitution so as to authorize certain counties to pass zoning and planning laws, and for other purposes.
The following bill was read the third time and placed upon its passage:
By Miss Kempton of Fulton and others-
House Bill No. 548. A bill providing for a commission to lease certain properties of the W. & A. Railroad.
The Committee on W. & A. Railroad moved to amend the bill as follows:
That Section 1 of House Bill No. 548 be amended as follows: By changing the word "Ansley" in line 5 of Section One to "Ausley"; by adding after the word "nature" in line 5 of Sectio~ Tw~ the words "for the most part;" by adding after the word "thereto" in line 7 of Section 2 the words "and additional space for offices and other rental purposes"; by adding after the words "Western and Atlantic Railroad properties" in line 23 of page 3 of said section two the wcrds "or the rental proceeds and ;or avails thereof"; and by adding after the word "Railway" in line 25 of page 3 of said section two the following: "This provision, however, shall not abridge the right of said commission to negotiate for or demand additional rentals for any of said property or the use of said property herein referred to during the term of the present lease held by the Nashville, Chattanooga & St. Louis Railway"; and by adding after the words "depot site" in line 27 of page 3 of said section two the following: "under this Act or the holder or owner of said lease directly or indirectly or through any other person, firm or corporation that may hold title to the 'same for the benefit or interest of The Nashville, Chattanooga & St. Louis Railway."
The amendment was adopted.
Mr. Smith of the 25th moved to amend the bill as follows:
1080
JouRNAL OF THE SENATE,
By increasing the membership of the commission from 7 to 8, and adding to the personnel the name of "Hon. L. G. Hardman", as follows: in the fourth line of Section One after the words "Composed of" and before the name of "C. Murphy Candler" inserting the words "Hon. L. G. Hardman."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
The bill carrying an appropriation the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Bird, A. J. Cook, Jno. M. Dame, George M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Goode, Geo. L. Ham,T.C. Harris, B. F.
Hyman, J.E. King, E. R. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J.
Paulk, R.
Pickering, V. C.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render vandiviere, H. G. Vaughn, C. R. Wha.ley, W. V. Williams, E. M. Wright, Seaborn
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite constitutional majority was passed as am.ended.
Mr. Whaley asked unanimous consent that the bill be immediately transmitted to the House and the consent was granted.
The following bill was read the third time and placed upon its passage:
THURSDAY, AUGUST 22, 1929.
1081
By Mr. Vaughn of the 34th-
Senate Bill No. 230. A bill known as the uniform mechanics lien act.
Mr. Terrell called for the previous question and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill Mr. Vaughn called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Allen, Wade Alston, G. C. Atkinson, B. A. Bird, A. J. Brewer, J. C. Dorsey, J. H. Fletch6r, J. M. Ford, P. B. Goode, Geo. L. Ham, T. C.
Harris, B. F. Hyman, J. E. King, E. R. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. Mickle, C. M. Nichols, A. J.
Pickering, V. C. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Terrell, J. Render Tyson, Wm. S. Vaughn, C. R. Williams, Felix C. Wright, Seaborn
Those voting in the negative were Messrs.:
Davis, J. S. Lane, W. T.
McElmurray, W. L. Peek, Cha~:.. W.
Pitner, J. M. Vandiviere, H. G.
On the passage of the bill the ayes were 30, nays 6.
The bill having received the requisite constitutional majority was passed.
Mr. Terrell asked unammous consent that the bill be immediately transmitted to the House and the consent was gran ted.
The following bill was read the third time and placed upon its passage:
1082
JouRNAL OF THE SENATE,
By Messrs. Redwine of the 26th and King of the 11th-
Senate Bill No. 113. A bill to fix the salary of the Secretary of State, the Comptroller-General, the Treasurer and Assistant Treasurer.
The committee proposed the following substitute:
A BILL.
To be entitled an Act to fix the salaries of the Secretary of State, the Comptroller-General, the Treasurer and the Assistant Treasurer, and to provide for clerical help for said officers; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia that the salary of the Secretary of State shall be seven thousand five hundred (S7,500.00) dollars per annum, and the clerical expenses of his department shall not exceed four thousand ($4,000.00) dollars per annum.
Sec. 2. Be it further enacted that the salary of the Comptroller-General shall be seven thousand five hundred (S7,500.00) dollars per annum, and that the clerical expenses of his department shall not exceed four thousand ($4,000.00) dollars per annum.
Sec. 3. Be it further enacted that the salary of the Treasurer shall be seven thousand five hundred (S7,500.00) dollars per annum, and the salary of the Assistant Treasurer shall be five thousand five hundred (S5,500.00) per annum, and the clerical expenses of this department for all purposes, shall not exceed fifteen thousand (S15,000.00) dollars per annum.
Sec. 4. Be it further enacted that the salary herein provided for the Secretary of State shall be the only compensation received by that officer for his services as Secretary of State, as Motor Vehicle Commissioner, as Chairman of the Securities Commission, or otherwise; that the
THURSDAY, AUGUST 22, 1929.
1083
salary herein provided for the Comptroller-General shall be the only compensation received by that officer for his services as Comptroller-General, as Insurance Commissioner; as Chief Oil Inspector, or otherwise; that the salary herein provided for the Treasurer shall be the only compensation received by that officer for his services, as Treasurer, as Bond Commissioner, or otherwise; that the salary herein provided for the Assistant Treasurer shall be the only compensation received by that officer for his services as Assistant Treasurer, as Assistant Bond Commissioner, or otherwise. Provided that the premium of the bond of the Treasurer shall be paid by the State, as now provided by law.
Sec. 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and taken up for consideration.
By Messrs. Beaton and Stanton of Ware and others-
House Bill No. 110. A bill to create a special Text Book Commission.
Mr. Williams of the 16th called for the previous question and the call was sustained.
The Committee on Education moved to amend the bill as follows:
"Amend by adding thereto a new section as follows:
1084
JouRNAL OF THE SENATE,
"Sec. 13-A. Be it further enacted, that this Act shall not apply to the independent school systems of the State."
The amendment was adopted.
Mr. Ford moved to amend as follows:
"Amend by striking the word "Shall" where it first occurs in Sec. 3 thereof and by inserting in lieu thereof the words" may if they consider it wise."
The amendment was adopted.
Mr. Ford further moved to amend as follows:
By adding the following sentence at the end of Sec. 3 thereof: "Provided, however, said commission in lieu of having prepared texts and electrotypes may contract for and purchase adopted school books annually and distribute the same to school authorities at cost plus the expense of distribution."
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 Mr. Rawls called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Atkinson, B. A. Bird, A. J. Cook, Jno. M. Dame, George M. Davis, J. S. Fletcher, J. M. Garrison, J. M. Ham,T. C.
Hyman, J. E. Kidd, W. J. Lokey, C. E. McElmurray, W. L. Mickle, C. M. Nichols, A. J. Paulk, R. Peek, Chas. W.
Peebles, Leon L. Pickering, V. C. Platt, Wm. H. Rawls, H. G. Smith, Jilo. A. Williams, Felix C. Wright, Seaborn
THURSDAY, AucusT 22, 1929.
1085
Those voting in the negative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Dorsey, :J. H. Ford,P.B. Goode, Geo. L. King, E. R. Lane, W.T.
Lankford, Geo. W. Lawson, H. F. Mashburn, Marcus Mathews, Sam M. Myrick, Shelby.
Pitner, :J. M. Redwine, Chas. D.
Sibley, :J. Hart Terrell, :J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Zellars, B. B.
On the passage of the bill the ayes were 23, nays 22.
The bill having failed to receive the requisite constitutional majority was lost.
Mr. Rawls gave notice that at the proper time he would move that the Senate reconsider its action in defeating the bill.
The following bill was read the third time and placed upon its passage:
By Messrs. Myrick of the 1st and Vandiviere of the 39th-
Senate Bill No. 75. A bill to increase salaries of the judges of the Supreme Court, the Court of Appeals and the Superior Courts of this State.
Mr. Redwine offered the following substitute:
A BILL.
To be entitled an Act to amend Paragraph 1, of Section 13, of Article 6, of the Constitution of Georgia, in so far as the same relates to the salaries of the Justices of the Supreme Court, and the Judges of the Court of Appeals, and to provide for the submission of the amendment to the qualified voters of the State for ratification, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Paragraph 1, of Section 13, of Article 6,
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JOURNAL OF THE SENATE,
of the Constitution of Georgia relating to salaries of Justices of the Supreme Court, and of Judges of the Court of Appeals be amended by striking therefrom the provisions fixing the amounts of the salaries of the Justices of the Supreme Court and of the Judges of the Court of Appeals that are payable from the Treasury of the State, and providing in lieu thereof the following: The Justices of the Supreme Court each shall have out of the Treasury of the .State salaries of $9,000.00 per annum: The Judges of the Court of Appeals each shall have out of the Treasury of the State the salaries of $9,000.00 per annum.
Section 2. Be it further enacted by the authority aforesaid that the provisions of this amendment shall become effective and the salaries herein provided shall begin from the ratification of this amendment as provided in the third section and shall apply to present incumbents of the several offices as well as to their successors.
Section 3. Be it further enacted by the authority aforesaid that if this amendment shall be agreed to by twothirds of the members of each House of the General Assembly, the same shall be entered on their Journals, with the yeas and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each Congressional District for at least two months immediately preceding the next general election, and all persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words: "For ratification of Amendment to Paragraph 1, of Section 13, of Article 6, ofthe Constitution, fixing the salaries of Justices of the Supreme Court, and Judges of the Court of Appeals," 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 Paragraph 1, of Section 13, of Article 6, of the Constitution fixing salaries of the Justices of the Supreme Court and judges of the Court of Appeals;" a:nd if a majority of the
THURSDAY, AucusT 22, 1929.
1087
electors qualified to vote for the members of the next General Assembly, voting, shall vote in favor of the ratification as shown by the consolidation and by the returns made as now provided by law in elections for members of the General Assembly, then said amendment shall become a part of Paragraph 1, of Section 13, of Article 6, of the Constitution of this State, and the Governor shall make proclamation thereof.
Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith are repealed.
Mr. Williams of the 16th, moved to amend the substitute as follows:
Mr. Williams of the 16th moves to amend the substitute to Senate Bill No. 75.
First, by adding after the words "Court of Appeals" in the caption, the words "and the Judges of the Superior Courts of this State."
Second by adding after the words "Court of Appeals" where they appear in the 6th line of the first Section the words "and the Judges of the Superior Courts."
Third by adding after the words "Court of Appeals" where they appear in the 9th line of the 1st Section the words "an'd the Judges of the Superior Courts."
Fourth by adding at the end of said Section 1, the words "The Judges of the Superior Courts each shall have out of the Treasury of the State salaries of S6,500.00"
Fifth by adding to said substitute an additional Section to be denominated Section 1 (a) as follows:
"Be it further enacted by the authority aforesaid that all the provisions of said Paragraph 1, of Section 13, of Article 6, of the Constitution relating to supplement by specified counties of salaries of Judges of the Superior Court payable from the Treasury of the State; be so amended as that the provisions for the several specially named
1088
JOURNAL OF THE SENATE,
counties to supplement said salaries shall remain of force and apply to supplement of the salaries of the Judges of the Superior Court as provided in Section 1 of this Act by each of the said specially named coun.ties except in such instances as where the existing provisions of the Constitution specifically limit a salary as supplemented by a particular county to less than the salary for Judges of the Superior Courts as provided in Section 1 of this Act."
Sixth by adding to to the words "Court of Appeals" wherever they appear in the 3rd Section of the substitute the words "and the Judges of the Superior Courts."
The amendment was adopted.
Mr. Mathews of the 23rd asked unanimous consent that he be relieved from voting on the pending measure and the consent was gran ted.
Mr. Wright moved that the Senate reconsider its action in adopting the amendment by Mr. Williams of the 16th and the motion prevailed.
Mr. King moved to amend the bill as follows:
"Amend by fixing the salaries of the Judges of the Superior Courts at $6,000.00 and the Judges of the Supreme Court and Court of Appeals at $8,500.00."
The amendment was adopted.
The bill proposing a constitutional amendment the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Brewer, J. C. Cook, Jno. M.
Dorsey, J. H. Ford, P. B. Goode, Geo. L. Ham,T.C. King, E. R. Lane, W. T.
Lawson, H. F. Mashburn, Marcus Mickle, C. M. Myrick, Shelby Paulk, R. Peek, Chas. W.
THURSDAY, AUGUST 22, 1929.
1089
Pickering, v. 0.
Platt, Wm. H. Rawls, H. G. Redwine, Ohas. D.
Smith, .Jno. A.
Terrell, .r. Render
Tyson, Wm. S.
Vandiviere, H. G. Williams, E. M. Williams, Felix 0.
Those voting in the negative were Messrs.:
Bird, A .J. Dame, George M.
D.vis, .r. S. Fletcher, .r. M. Garrison, .r. M. Hyman, .r. E.
Lankford, Geo. W. Lokey, 0. E. McElmurray, W. L.
Nichols, A. .r.
Peebles, Leon L.
Pitner, .r. M. Sibley, .r. Hart
Vaughn, 0. R. Whaley, W. V. Zellars, B. B.
Before the announcement of the result of the vote, Mr. Williams of the 16th asked unanimous consent that the Senate reconsider its action in adopting the amendment by Senator King, and that the amendments offered by himself and Senator King be withdrawn from the consideration of the Senate, and the consent was granted.
Whereupon the report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
The President ordered another roll call, and the vote was as follows:
Those voting m the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Bird, A .J.
Brewer, .r. 0. Davis, .r. S. Dorsey, .r. H. Fletcher, .r. M.
Ford, P. B.
Garrison, .r. M.
Goode, Geo. L. Ham,T.O.
King, E. R. Lane, W.T. Lawson, H. F. Mashburn, Marcus Mathews, Sam M. Mickle, 0. M. Myrick, Shelby Peebles, Leon L. Pickering, V. 0.
Pitner, .r. M.
Platt, Wm. H. Rawls, H. G.
Redwine, Ohas. D. Smith, .Jno. A.
Terrell, .r. Render
Tyson, Wm. S. Vandiviere, H. G. Vaughn, 0. R. Whaley, W. V. Williams, E. M. Williams, Felix 0. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Alston, G. C.
Kidd, w. .r.
Nichols, A. .r.
Oook, .Jno. M.
Lankford, Geo. W. Paulk, R.
Dame, George M.
Hyman, .r. E.
Lokey, 0. E. McElmurray, W. L.
Peek, Chas. W.
Sibley, .r. Hart
1090
JouRNAL OF THE SENATE,
On the passage of the bill the ayes were 35, nays 12.
The bill having received the requisite two-thirds constitutional majority was passed.
Mr. Lankford asked unanimous consent that House Bill No. 110 be immediately transmitted to the House.
Mr. Rawls objected.
.
Mr. Lankford moved that the bill be immediately transmitted to the House.
On the motion Mr. Smith called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. w.
Lane, W. T.
Pitner, J. M.
Allen, Wade
Lankford, Geo. W. Sibley, J. Hart
Ford, P. B.
Lawson, H. F.
Terrell, J. Render
Goode, Geo. L.
Mashburn, Marcus Vaughn,O.R.
Hyman, J.E.
Mathews, Sam M.
Whaley, W. V.
King, E. R.
Myrick, Shelby.
Those voting in the negative were Messrs.:
Alston, G. 0. Atkinson, B. A. Bird, A. J. Brewer, J. 0. Oook, Jno. M. Dame, George M. Davis, J. S. Fletcher, J. M. Garrison, J. M.
Ham, T. 0.
Kidd, w. J.
Lokey, 0. E. Mickle, 0. M. Nichols, A. J. Paulk, R.
Peek, Ohas. w.
Peebles, Leon L. Pickering, V. 0.
Platt, Wm. H. Rawls, H. G. Redwine, Ohas. D. Smith, Jno. A. Tyson, Wm. S. Vandiviere, H. G. Williams, Felix 0. Wright, Seaborn Zellars, B. B.
Ayes 17, Nays 27.
The following resolution was introduced, read the first time and referred to the Committee:
By Messrs. Sibley of the 19th, Smith of the 25th and King of the 11th-
Senate Resolution No. 73. A Resolution to re-codify the school laws of the State.
THURSDAY, AUGUST 22, 1929.
1091
Referred to Committee on Education.
Mr. Zellars asked unanimous consent that the resolution be considered at this time.
Mr. Alston objected.
By unanimous consent the following bill was withdrawn from the Committee, read the second time and recommitted:
By Mr. Bentley of Murray-
House Bill No. 641. A bill to provide for an increase in pensions of Confederate Veterans.
By unanimous consent the following House Resolution was withdrawn from the Committee, read the second time and recommitted:
By Mr. Cone of Bulloch-
Hause Bill No. 74. A resolution to define the status of unpaid appropriations of 1928 and 1929.
The following privileged resolution was read and adopted.
By Mr. Myrick of the 1st-
A resolution extending the privileges of the floor to
Judge Peter W. Meldrim and Hon. G. Noble Jones during
their stay in Atlanta.
The following Senate bill was taken up for the purpose of considering the House amendments thereto:
By Mr. Lankford of the 15thSenate Bill No. 1. A bill authorizing a tax upon incomes. The House amended the bill as follows: "By adding the following Sections, to-wit:
1092
JouRNAL OF THE SENATE,
"Section 1-A. The ad valorem tax for State purposes on all classes of property shall not exceed four mills for the first year an income tax is collected, and shall not exceed two mills for the second year an income is collected, and shall not exceed one mill for the third year an income tax is collected, and thereafter no ad valorem tax shall be collected for State purposes, except for the purpose of paying the interest and principal of the present outstanding recognized and legal bonded indebtedness of the State."
'Section 1-B. The State's right to tax persons and subjects in case of war, invasion, insurrection shall remain unlimited. The State's right to l~vy occupation, professional excise, license and sales taxes as heretofore exercised
shall not be affected, but are hereby recognized and preserved."
Mr. Lankford moved that the Senate disagree to the House Amendment.
Mr. Zellars moved that the Senate agree to the House Amendment.
Mr. Brewer called for the previous question and the call was sustained.
Mr. Zellars called for a division of the question.
The President announced the division as follows: The question of agreeing to the House Amendment of the first section, known as Section 1-A.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Brewer, J. C. Dame, George M. Dorsey, J. H. Fletcher, J. M.
Ford, P. B. Garrison, J. M. Hyman, J. E. Kidd, W. J. Lokey, C. E. Mathews, Sam M. McElmurray, W. L.
Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R.
Peek, Chas. w.
Peebles, Leon L. Pickering, V. C.
THURSDAY, AucusT 22, 1929.
1093
Platt, Wm. H. Rawls, H. G. Smith, Jno. A.
Tyson, Wm. S. Williams, Felix 0.
Wright, Seaborn Zellars, B. B.
Those voting in the negative were Mesrs.:
Alston, G. C.
Lankford, Geo. W.
Sibley, J. Hart
Davis, J. S.
Lawson, H. F.
Terrell, J. Render
Goode, Geo. L.
Mashburn, Marcus Vandiviere, H. G.
Ham, T. C.
Pitner, J. M.
Vaughn, C. R.
King, E. R.
Redwine, Chas. D. Whaley, W. V.
Lane, W. T.
On the motion the ayes were 28, nays 16.
The motion having failed to receive the reqms1te twothirds majority of the Senate was lost, and the Senate accordingly disagreed to the House amendment.
By unanimous consent the Senate agreed to adjourn until 3:30 o'clock P. M. today.
The President declared the Senate adjourned until 3:30 o'clock this afternoon.
SENATE CHAMBER,
AFTERNOON SESSION.
The Senate met pursuant to adjournment at 3:30 o'clock this afternoon and was called to order by the President.
Mr. Dorsey asked unanimous consent that Senate Bill No. 75, passed at the morning session, be immediately transmitted to the House and the consent was granted.
1\'lr. Zellars of the 30th District, Chairman of the Committee on Education and Public Schools, submitted the following report:
Mr. President: Your Committee on Education and Public Schools,
1094
JouRNAL oF THE SENATE,
has had under consideration the following resolution of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 73.
Respectfully submitted,
ZELLARs, Chairman,
Mr. Williams of the 16th District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish has had under consideration the following bills of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 418.
House Bill No. 232.
House Bill No. 744. Respectfully submitted,
WILLIAMS, Chairman.
Mr. McElmurray of the 17th District, Chairman of the Committee on Agriculture, submitted the following report:
Mr. President:
Your Committee on Agriculture has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bills Nos. 498 and 596.
THuRSDAY, AucusT 22, 1929.
1095
Senate Bill No. 289.
Respectfully submitted, McELMURRAY, Chairman.
Mr. Whitney of the 35th District, Chairman of the Committee on Public Property, submitted the following report:
Mr. President:
Your Committee on Public Property has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 863. Respectfully submitted, \VHALEY, Chairman.
Mr. Hyman of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 1, has had under consideration the following bill of the House, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 869. Respectfully submitted, HYMAN, Chairman.
1096
JouRNAL OF THE SENATE,
Mr. Peek of the 38th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:
Mr. President:
Your Committee on Hygiene and Sanitation has had under consideration the following bill of the House, and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 191. Respectfully submitted,
PEEK, Chairman.
The following bills, favorably reported, were read the second time:
By Mr. Tyson of the 2nd-
Senate Bill No. 289. A bill to classify imitation butters as oleomargerine.
By Mr. Hightower of Upson-
House Bill' No. 596. A bill to repeal an Act regulating grading and inspecting of peaches and apples.
By Mr. Blalock of Rabun-
House Bill No. 744. A bill to provide for hunting cat squirrels in Rabun County.
By Fulton Delegation-
House Bill No. 863. A bill to provide for the disposition of park property in Atlanta.
The following bill was read the third time and placed upan its passage:
THURSDA v, AUGUST 22, 1929.
1097
By Mr. Vandiviere of the 39th-
Senate Bill No. 86. A bill to regulate the ice business in Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority was passed.
Mr. Vandiviere asked unanimous consent that the bill be immediately transmitted to the House and the consent was gran ted.
The following bill was again taken up for consideration:
By Mr. Wind of Grady-
House Bill No. 129. A bill to amend an Act known as General Tax Act.
Mr. Lankford moved to amend Paragraph 6 by striking said paragraph and substituting therefor the following:
Paragraph 6. Agencies, Collecting, Commercial and Mercantile. Upon each person, firm or corporation, engaged in business as a collecting, commercial, mercantile, or any other agency of like character, $200.00 in every County in the State where they have an office or branch office. Provided, that any attorney at law or firm of lawyers opening a collection agency and who shall employ solicitors and collectors, or who shall advertise as collectors or as a collecting agency, shall be liable for said tax regardless of having paid their regular professional tax.
The amendment was adopted.
Mr. Lankford moved to amend Paragraph 20 by striking same and substituting therefor the following:
1098
JOURNAL OF THE SENATE,
I Paragraph 20. Batelle, Billiard, Jenny Lind, Pool or
Tivoli tables. Upon each person, firm or corporation operating for public use and charging for the use thereof, any billiard, bagatelle, Jenny Lind, pool or Tivoli tables, the State and County license fee on and after October 1st, 1929, shall be at the rate of S100.00 for each place of business operating not exceeding six tables, and addition thereto, $50.00 for each table operated in excess of six tables. Said license fee shall be paid semiannually beginning October 1st, 1929 in advance before the beginning of operation.
The amendment was adopted.
1\:lr. Lankford of the 15th moved to amend Paragraph 37, prescribing tax to be levied on dealers in coal and coke, by striking said paragraph and substituting the following therefor:
Paragraph 37. Coal and Coke. Upon each person, firm or corporation dealing in either coal, or coke, whether for themselves or as agents, or as brokers, in cities of not more than 1,000 inhabitants and not more than 10,000, 810.00; in cities of more than 10,000 and not more than 20,000 inhabitants S50.00; in cities of more than 20,000 inhabitants in one county 5100.00 for each place of business: Provided that where this tax is paid by any person, firm or corporation he or it shall be privileged to handle both commodities on the one tax.
The amendment was adopted.
The committee further moved to amend by adding a new section as follows:
\Vhenever the State Tax Commissioner shall have reason to believe that the tax payers of any county are not registering their business with the Ordinary as required by law, and failing to pay their special taxes or failing to properly return their taxes as required by law, or returning their property at a false valuation he shall have authority upon recommendation of the Governor to employ
THURSDAY, AUGUST 22, 1929.
1099
a competent person to go into each county vested with all the powers as are now given to County Boards of Assessors to ascertain such facts; report on such investigation to be made to the State Tax Commissioner. The compensation of such persons so employed shall be a per centum of the taxes accruing to the State from his efforts. The amount to be fixed by the State Tax Commissioner and approved by the Governor."
The amendment was adopted.
The Committee on Finance moved to amend the bill as follows:
"Amend by striking Paragraph 25."
The amendment was adopted.
The Committee on Finance further moved to amend:
"By striking Paragraph 27."
The amendment was adopted.
The Committee further moved to amend:
"By striking Paragraph 28."
The:: amendment was adopted.
The Committee further moved to amend by adding a subsection to Paragraph 84 to be known as Subsection (F) as follows:
(1) Upon every resident person, individual, firm or corporation that travels from place to place within the State of Georgia taking orders for, selling or making deliveries of fish, oysters or other sea foods, the sum of Five ($5.00) Dollars on each vehicle operated:
(2) Upon every non-resident person, individual, firm .or corporation that travels from place to place within the State of Georgia taking orders for, selling or making deliveries of fish, oysters or other sea foods, the sum of
1100
JouRNAL OF THE SENATE,
One Hundred ($100.00) Dollars on each truck or other vehicle operated in each county in which said person, individual firm or corporation shall take orders for, sell or make deliveries of fish, oysters or other sea foods."
The amendment was adopted.
1\,fr. Sibley moved to amend the bill by striking Section 25 and inserting in lieu thereof the following:
"Upon persons and companies carrying on in this State the business of manufacturing or selling, by wholesale or retail, any and all malt syrups as an occupation tax for the privilege of carrying on said business an amount payable at the end of each quarter, equal to one per cent of the gross receipts from said business in this State. Within three days from the end of each quarter of the calendar years each person or company engaged in said kind of business shall make returns under oath to the Comptroller-General of this State, showing the amount of said gross receipts, with a detailed statement of the parties from whom said receipts are received. Provided that said malt syrups shall not be additionally taxed under Paragraph 99 of Section 2 of this Act."
Mr. Lankford moved to amend the amendment as follows:
"Amend by adding thereto the following: Provided further that this tax shall not apply to malt syrups not flavored with hops and sold by the manufacturers of said products to bakers in bake shops for use in the manufacture of bread, not to malt syrups not flavored with hops and sold by the manufacturers of said products to the operators of textile mills for use in the bleaching of cloth."
The amendment was adopted.
The amendment, as amended, was adopted.
Messrs. Vandiviere of the 39th and Goode of the 31st moved to amend the bill by adding a new section as follows~
THURSDAY, AUGUST 22, 1929.
1101
"Be it further enacted by the authority aforesaid, that all persons, firms and corporations in the business of automobile financing, or handling notes or any evidences of debt pertaining to the purchase of automobiles, whether new or second hand in this State shall pay one per centum upon all notes, bill of sales and all evidences of debt. It shall be the duty of all dealers in notes and bills of sales and evidences of debt prescribed herein to return same to the Comptroller-General of this State and it shall be his duty to stamp thereon or attach thereto a certificate that such property has been returned for taxation, and no such mortgage or note or bills of sales, evidences of debt described herein shall be enforceable in any of the Courts of this State, unless such instrument shall show on its face that it has been returned for taxation as required by this Act.
The amendment was adopted.
:Messrs. Pitner, Terrell, Myrick and Lankford moved to amend as follows:
"Amend Section 11 providing for the taxation of the shares of banks by adding at the end of said section the following words: "Provided further that Banks and Trust Companies doing a general banking business shall not be required to pay any income tax."
The amendment was adopted.
l\fr. Pitner moves to amend the bill by adding another section to the said bill just before the repealing clause,
tO-Wit:
There shall be collected by the Comptroller-Genera1 from every auto Transportation Company, Association, or individual as defined hereinafter to which has been granted a certificate of public convenience and necessity which it or they are required to obtain from the Public Service Commission of this State, and which said Public Service Commission is authorized to grant under such
1102
JouRNAL OF THE SENATE,
rules as they may make and provide, permitting him, it or them to engage in the transportation of passengers or freight, or both, between fixed termini, an occupation tax on a mileage basis of one-half (51) cent per mile on all buses with a capacity of 10 passengers or less and a mileage tax of three-fourths 0,4c) cent per mile on all buses with a capacity of not more than 20 passengers nor less than 10 passengers, and a mileage tax of one (1c) cent per mile on all buses with a capacity of more than 20 passengers; and a mileage tax of one (1c) cent per mile on trucks with a loaded capacity of less than 5,500 pounds, and a tax of two (2c) cents per mile on all trucks with a loaded capacity of 5,500 pounds, or more, coming within the terms of this Act, for every mile traveled by the motor vehicles of such auto transportation company, association or individual over the public highways of this State. This tax shall be paid quarterly beginning December 1, 1929. Provided: That at the time of issuing said Certificate of Public Convenience and Necessity and at the beginning of each calendar quarter thereafter the Comptroller-General shall collect from each holder of such certificate the sum of seventy-five dollars ($75.00) as an advance payment upon the mileage tax herein levied for the ensuing quarter which said amount shall at the end of the quarter be credited to said holder of such certificate and the difference between the said amount and the correct amount of said tax shall be adjusted by the Comptroller-General with the said holder of such certificate.
Mr. Zellars moved to amend the amendment as follows:
"By striking 51 cent wherever it ocurs and insert 7i cent: and strike ~ wherever it occurs and insert 51 cent:
and strike 1 cent wherever it occurs and insert ~ cent:
By unanimous consent the amendment was adopted.
Mr. Pitner of the 50th moved that the Senate reconsider its action in adopting the amendment and the motion was lost.
THURSDAY, AuGUST 22, 1929.
1103
The amendment, as amended, was adopted.
Messrs. Atkinson and Tyson moved to amend the bill as follows:
"By adding the following proviso to Section 26. 'Provided nothing in this Section shall be construed to impose a tax upon trailers used by any person, firm, or corporation engaged in transportation of lumber, timber poling, cross ties or poles, not for hire but used by such person firm, or corporation as an incident to their said businesses."
The amendment was adopted.
Mr. Lankford moved to amend the bill by adding a new section to read as follows: "Upon each person, firm or. corporation manufacturing patent medicine in Georgia, $500.00."
The amendment was adopted.
Mr. Vaughn of the 34th moved to amend the bill by adding just before the repealing clause, the following "Should any of taxes herein imposed remain due and unpaid for thirty days from due date thereof then such person, firm, or corporation shall be subject to and shall pay a penalty of (50%) fifty percent of the tax imposed."
The amendment was adopted.
Mr. Lankford asked unanimous consent that the Senate reconsider its action in adopting the amendment placing a tax of S500.00 upon manufacturers of patent medicines, and that the same be withdrawn from the consideration of the Senate, and the consent was granted.
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, nays 0.
The bill havipg received the requisite constitutional majority was passed as amended.
1104
JouRNAL oF THE SENATE,
Mr. Neill of the 24th moved that beginning tonight and continuing throughout the remainder of the Session the Senate have night sessions beginning at 8:00 o'clock each evening, and the motion prevailed.
Mr. \\'right asked unanimous consent that the Senate change the hour of the evening sessions from 8:00 o'clock to 7:30 o'clock, and the consent was gran ted.
The following bill was read the third time and taken up for consideration.
By Mr. Alexander of Chatham-
House Bill No. 362. A bill known as the General Appropriations Act.
Mr. Smith moved that the Senate do now adjourn and the motion was lost.
After several sections to the bill had been adopted, Mr. Smith moved that the Senate do now adjourn and the motion prevailed.
The president declared the Senate adjourned until tonight at 7:30 o'clock.
SENATE CHAMBER,
EvENING SEssiON.
The Senate met pursuant to adjournment at 7:30 o'clock P. M. this day and was called to order by the President.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President: Your Committee on Corporations has had under con-
sideration the following bill of the Senate and has instruct-
THURSDAY, AuGUST 22, 1929.
1105
ed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
House Bill No. 868. Respectfully submitted, LANE, Chairman.
Mr. Redwine of the 26th District, Chairman of the Committee on Appropriations has submitted the following report:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill and resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 641.
House Resolution No. 74, by substitute.
Respectfully submitted,
REDWINE, Chairman.
The President stated to the Senate that it appeared that no quorum of the Senate was present, and he ordered the roll .called to ascertain the absentees, and the following Senators answered to their names, to-wit:
Adams, Geo. W. Alston, G. C. Dame, George M. Davis, J. S. Fletcher, J. M. Ford, P. B. Garrison, J. M. Ham,T.C. Harris, B. F.
Hyman, J. E. Kidd, W. J. King, E. R. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L.
Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pitner, J. M. Platt, Wm. H. Rawls, H. G.
1106
JOURNAL OF THE SENATE,
Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render
Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V.
Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
~he following bill was taken up for consideration:
By Mr. Alexander of Chatham-
House Bill No. 362. A bill to make appropriations fo the yea-rs 1930 and 1931.
After some discussion of the bill Mr. Williams of th uth moved that the Senate do now adjourn and the motio1 prevailed.
The President declared the Senate adjourned until tc morrow mornmg at 9:00 o'clock.
FRIDAY, AuGUST 23, 1929.
1107
SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, AuGUST 23, 1929.
The Senate met pursuant to adjournment at 9:00o'clock, A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews of the 23rd, Chairman of the Committee on Journals reported that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent the reading of the Journal of yesterday's proceedings was dispensed with.
Mr. Rawls moved that the Senate reconsider its action on yesterday in defeating House Bill No. 110, and the motion was lost.
Mr. Atkinson of the 4th District, Chairman of the Committee on Military Affairs, submitted the following report:
Mr. President:
Your Committee on Military Affairs has had under consideration the following House Bill and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 515.
Respectfully submitted,
B. 0. ATKINSON, Chairman.
Mr. Hyman of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
1108
JOURNAL OF THE SENATE,
Mr. President:
Your Committee on General Judiciary No. 1 has had under consideration the following House Bill and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 873. Respectfully submitted, HYMAN, Chairman.
Mr. Lawson of the 14th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 140 do pass! Respectfully submitted, LAwsoN, Chairman.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and County Matters has has under consideration the following bills of the Ho.1se and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 870.
House Bill No. 874. Respectfully submitted, GooDE, Chairman.
FRIDAY, AUGUST 23, 1929.
1109
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
House Bill No. 93.
Respectfully submitted,
J. H. DoRSEY, Chairman.
Mr. Lane of the 13th District, Chairman of the Committee on Corporations, submitted the folhwing report:
A1r. President:
Your Committee on Corporations has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senatewith the recommendation that the same do pass:
House Bill No. 871.
Respectfully submitted,
W. T. LANE, Chairman.
Mr. Dorsey of the 48th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary has had under consideration the following bills and resolution of the House 2nd Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation as follows:
1110
That House Bill No. 849 and House Resolution No. 156874-b do pass.
That Senate Bill No. 54 do not pass. Respectfully submitted, J. H. Do.asEY, Chairman.
The following resolution was introduced, read the first time and referred to Committee.
By Mr. Brewer of the 46thSenate Resolution No. 74. A resolution to reinstate re-
ward offered for apprehension of one S. I. Sharp. Referred to Committee on Special J udicia.ry.
The following bills and resolution of the House, favorably reported, were read the second time:
By Mr. Gullatt of CampbellHouse Resolution No. 156. A resolution to relieve S. D.
Wilson as surety on a bond.
By Mr. Key of Jasper.House Bill No. 140. A bill to amend Code as relates to
sale or transfer of stock of any bank.
By Mr. Lewis of HancockHouse Bill No. 191. A bill to amend an Act creating
office of State Veterinarian.
By Messrs. Jones of McDuffie and West of RandolphHouse Bill No. 232. A bill to prohibit use of steel traps
in this State.
FRIDAY, AucusT 23, 1929.
1111
By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 418. A bill to prescribe the lawful season for hunting doves in Georgia.
By Messrs. Brown of Greene and Roberts of Muscogee-
House Bill No. 498. A bill to amend an Act authorizing State Veterinarian to inspect dairies.
By Messrs. Kennedy of Lamar and Alexander and Grayson of Chatham-
House Bill No. 515. A bill to amend caption of an Act relative to indigent soldiers.
By Mr. Cooper of Bibb-
House Bill No. 849. A bill to amend an Act providing salary for special criminal bailiff.
By l\Ir. Lewis of Hancock-
House Bill No. 869. A bill to amend the charter of the City of Sparta.
By Mr. Kirby of Forsyth-
House Bill No. 870. A bill to amend alternative Road Tax System in certain counties.
By Mr. Kirby of Forsyth-
House Bill No. 871. A bill to amend the charter for the Town of Cumming.
By Mr. Geer of Miller-
House Bill No. 873. A bill to amend an Act incorporating the City of Pearson.
1112
JOURNAL OF THE SENATE,
By Mr. Oliver of Quitman.
House Bill No. 874. A bill to increase number of County Commissioners of Quitman County.
By unanimous consent the following bills were withdrawn from their respective committees, read the second time and recommitted:
By Mr. Ross of Appling-
House Bill No. 1. A bill appropriating $100,000 to State Board of Health for treatment of cancer.
By Mr. Allen of Baldwin-
House Bill No. 3. A bill to appropriate $250,000 to Georgia State Sanitarium.
By Floyd Delegation-
House Bill No. 222. A bill to appropriate $50,000 for erection of hospital for school for the deaf.
By Mr. Edwards of Lowndes-
House Bill No. 261. A bill to repeal Section 12 of an Act providing protection to game, etc.
By Messrs. Kirby of Forsyth and Jones of Lumpkin-
House Bill No. 282. A bill to change name of North Georgia Agricultural College.
By Mr. Perkins of Jenkins and Richmond Delegation-
House Bill No. 298. A bill to authorize building of dormitories and dwelling at Georgia training school for mental defectives.
FRIDAY, AucusT 23, 1929.
1113
By Mr. Beaton of Ware and others-
House Bill No. 328. A bill to appropriate funds for erection of a nurses' home at Alto.
By Mr. Wilson of Wilcox-
House Bill No. 538. A bill to appropriate $250,000 to complete and renovate State Capitol.
By Mr. Stewart of Atkinson-
House Bill No. 554. A bill to appropriate $50,000 to State Veterinarian for eradicating hog cholera.
By Mr. Collier of Madison-
House Bill No. 592. A bill to provide that all motor vehicles hauling freight or passengers for hire to be registered.
By Mr. Jackson of Beckley-
House Bill No. 836. A bill to amend an Act creating Middle Georgia A. & M. School.
By Mr. Still of Fulton-
House Bill No. 850. A bill to amend the charter of Atlanta.
The following bill was taken up for the purpose of agreeing to the House amendments thereto:
By Mr. Myrick of the 1st-
Senate Bill No. 5. A bill to define presumption of negligence against railway companies.
The House amended the bill as follows:
"Amend the caption in line 5 and strike the word" County" and substitute therefor the word "Company," the word
1114
JouRNAL OF THE SENATE,
f "County appearing after the word "the" and before the
word "in."
'
The House further amended the bill as follows:
"By adding to Section 1 the following: The provisions of this bill shall also apply to all persons firms or corporations operating buses for hire."
Mr. Myrick asked unanimous consent that the Senate agree to the amendments, and the consent was granted.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has adopted by the requ1s1te constitutional majority the following resolution of the House, to-wit:
By Messrs. Mallard of Charlton and Adkins of Calhoun-
House Resolution No. 159. A resolution to permit certain officers and members of the House and Senate to remain after adjournment of the General Assembly for the purpose of completing unfinished business of the present sess1on.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the Senate, to-wit:
By Mr. Redwine of the 26th and Mr. Bird of the 49th-
Senate Bill No. 100. A bill to be entitled an Act to define and prohibit bucket shops and dealings therein, and for other purposes.
FRIDAY, AUGUST 23, 1929.
1115
The following bills were read the third time and placed upon their passage:
By Mr. Hightower of Upson-
House Bill No. 596. A bill to repeal ll:n Act for the grading and inspection of peaches.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Alexander, Grayson and Mills of Chatham-
House Bill No. 669. A bill to prescribe duties of Coastal Highway District.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Blalock of Rabun-
House Bill No. 744. A bill to provide for hunting cat squirrels in Rabun County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
1116
JOURNAL OF THE SENATE,
By Messrs. Brown and Still and Miss Kempton of Fulton-
House Bill No. 854. A bill to amend the charter of East Point.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Moore and Parker of Colquitt-
House Bill No. 857. A bill to amend an Act creating a Board of Commissioners of Colquitt County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite consti tu tiona1 majority was passed.
By Messrs. Ramspeck and Weekes of DeKalb-
House Bill No. 859. A bill to amend an Act creating a new charter for the City of Decatur.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Parker, Pilcher and Traylor of Richmond-
House Bill No. 860. A bill to amend an Act creating Civil Service Board of Augusta.
FRIDAY, AuousT 23, 1929.
1117
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Patten of Lanier-
Hause Bill No. 861. A bill to amend the charter of Lakeland.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By l\fr. Patten of Lanier-
Hause Bill No. 862. A bill to prescribe jurisdiction of the County Court of Lanier County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional !flajority was passed.
By l\Iessrs. Brown and Still and :Miss Kempton of FultonHouse Bill ~o. 863. A bill to provide for the disposition
of park property in Atlanta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
1118
JouRNAL oF THE SENATE,
The bill having received the requisite constitutional majority was passed.
By Messrs. Alexander, Ramspeck and Weekes of DeKalb-
House Bill No. 865. A bill to amend the charter of the City of Decatur.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Stokes of Twiggs-
Hause Bill No. 867. A bill to amend an Act creating"a
Board of Commissioner of Twiggs County.
-
The committees on Counties and County matters moved to amend the bill as follows:
"Section 1. That the term of office of Commissioner of Roads and Revenues shall be for a term of four (4) years and until his successor is elected and qualified, the first term under the provision of this Act beginning on the 1st day of January, 1931, and that an election shall be held every four years at the same time and places and under the same rules and regulations as the election of county officers for Twiggs County, Georgia, is held, for the election .of a Commissioner of Roads and Revenues for the succeeding term of four years.
Sec. 2. That in the event a vacancy occurs in the office of Commissioner of Roads and Revenues by death, resignation, removal, or otherwise, the vacancy shall be filled, until a successor is elected and qualified, by the Ordinary of Twiggs County, Georgia. The selection by said ordinary of such person to fill said vacancy shall be made without regard to political considerations, and purely on account
FRIDAY, AucusT 23, 1929.
1119
of the fitness of the person so selected to serve; the person thus selected to serve shall so serve until his successor is elected and qualified.
Sec. 3. That it shall be the duty of said ordinary of Twiggs County, Georgia, upon a vacancy occurring in the office of Commissioner of Roads and Revenues, to call an election to be held in the county at the regular voting precincts, and as elections are held for county officers and under the same rules and regulations, to elect a Commissioner of Roads and Revenues to fill the vacancy, the election to be held not earlier than thirty (30) days after the vacancy occurs. The ordinary shall have notice of such election published twice in the newspaper in the said county in which sheriff's sales are published. Provided, that in the event a vacancy in the office of Commissioner of Roads and Revenues should occur within six months of the next succeeding general election for the election of county officers in said county, no special election shall be called, but the Commissioner appointed by the ordinary in the manner pointed out and provided in Section 4 of this Act shall serve until said general election, at which time a commissioner shall be elected. And the said commissioner appointed by the ordinary shall fill out the unexpired term of the said commissioner vacating by death, removal, or otherwise, until the beginning of the next regular term.
Sec. 4. That, except as otherwise provided in this Act, the Commissioner of Roads and Revenues of said County of Twiggs shall have such control of the county affairs generally as is now conferred upon the County Board of Commissioners of said county, and to have and exercise all of the powers as would be vested in the ordinary of Twiggs County, Georgia, when sitting for county purposes, in the absence of this Act or in the absence of a county Board of Commissioners of Roads and Revenues. Said Commissioner of Roads and Revenues shall have exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all of the property of the county
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JouRNAL OF THE SENATE,
as he may deem expedient and to the best interest of the county, and in accordance with the laws of the State; in levying taxes in accordance with the laws of this State; in establishing, <.hanging, and abolishing roads, bridges, and ferries, according to law; in establishing, changing, and abolishing election precincts and militia districts; in supervising the tax collector's and tax receiver's books, in allowing the insolvent list of the County of Twiggs; in allowing and settling all charges, claims and demands against the said County of Twiggs; in examining and auditing all claims and accounts of officers having the care, keeping, and collection or disbursing any money belonging to the County of Twiggs or appropriated for its use and benefit, and in bringing all such officers to settlement; in making rules and regulations for the promotion of public health; in electing or appointing all minor officers of said county where an election is not otherwise provided by law or the provisions of this Act; and to have and exercise control and management over the convicts of said county, according to law; to have and to exercise control and management over all employees of said county engaged in the construction, building, and maintenance of the public roads of said county, and to exercise control, management, and supervision of the county road machinery and road equipment.
Sec. 5. The Commissioner of Roads and Revenues shall appoint a clerk, who shall be a person of good moral character and a person of good business ability and able to keep correct books, and whose compensation shall not be less than fifty dollars ($50.00) nor more than eighty-five dollars ($85.00), and shall be hired for such term or time as said Commissioner of Roads and Revenues sees fit and proper; said salary to be paid out of the funds of said county. It shall be the duty of said clerk to keep the minutes and records of all proceedings of said commissioners, and to discharge such other and further duties in connection with said officers as said commissioner may require. It shall
FRIDAY, AUGUST 23, 1929.
1121
be the duty of the said clerk to be the bookkeeper for said commissioner, and he shall do such other clerical work as shall be necessary in carrying on the work of said officer. Said clerk shall attend all hearings or meeting of the said commissioner, and keep a full, clear, and complete report of said office, to record all proceedings, to keep on file and preserve al) papers relating to said office. Said clerk shall also keep a book known as the "Property Book," and a book to be known as the "Book of Commutation Taxpayers" of said county, all of which shall be open to public inspection at any time. Said clerk shall also keep a book known as the "Record of County Vouchers," and a book commonly known as the "County Cash Book;" all of which shall be open at all times to public inspection. The said clerk, before entering upon the discharge of his said duties shall take a similar oath to that herein prescribed for the Commissioner of Roads and Revenues, which shall be recorded upon the minutes kept by said commissioner, and the said clerk shall furthermore, before entering upon the discharge of his said duties of said office, give bond and good security in some approved surety company, the premium upon said bond to be paid out of the county treasury of Twiggs County, said bond to be in the penal sum of three thousand dollars (S3,000.00), to be approved by the ordinary of said county, payable to the Commissioner of Roads and Revenues of said county and his successor in office; which said bond when so executed and approved shall be by the ordinary of said County of Twiggs recorded in his record of official bonds kept by him in his said office.
Sec. 6. It shall be the duty of the Commissioner of Roads and Revenues of Twiggs County, Georgia, to plan, lay out, superintend, and construct all public roads and bridges; and to this end he is authorized to procure the services of competent engineers and experts in any project, where the same may be necessary in his judgment; provided that this Act shall not be construed so as to prevent the contracting of such improvements after a compliance with the laws applicable to such cases. In the
1122
JOURNAL OF THE SENATE,
laying out and construction of roads and bridges of the county, the commissioner shall be controlled by the general best interest of the county, and shall as far as practicable, work out a system of rotating the road machinery and equipment of said county among the different roads of the different militia districts of said county shall receive their proportionate share of work; it being the spirit and purpose and intent of this said paragraph of this Act to maintain a just and fair and equitable distribution of road work annually to all of the districts of said county.
Sec. 7. The Commissioner of Roads and Revenues shall have the right and power, to purchase such provisions, supplies, machinery, stock, equipment, repairs for machinery, and all necessary articles, equipment, repairs for machinery, and all necessary articles, equipment, and things of all classes and description, kipds, and character necessary and proper for the carrying out of the work or business of the county; but it shall be unlawful and a misdemeanor for him to have any financial interest in any article so purchased, or in any contract or project entered into by him for said county.
Sec. 8. All payments for provisions, supplies, machinery, stock, equipment, labor, contract or otherwise, shall be by voucher drawn by the clerk, signed by the commissioner, and each voucher shall have written or printed thereon its numerical number, to whom payable, for what payable, the amount thereof and upon what fund drawing; and an accurate stub of every voucher shall be kept in regular consecutive order, correct by dates, for every purchase or expenditure of commissioner, which shall be preserved in permanent form and subject to inspection at all times by a person interested.
Sec. 9. All paid vouchers shall be preserved and arranged and kept by the clerk in consecutive order, those of each month kept in separate packages, and shall present the same to the grand jury of the county when they shall require it in pursuance of Section 15 of this Act.
FRIDAY, AuousT 23, 1929.
1123
Sec. 10. It shall be the duty of the Commissioner of Roads and Revenues to keep an office at the courthouse in Twiggs County for himself and his clerk. It shall be the duty of the clerk to keep the office open each working day of the week during reasonable office hours, and shall record all information and complaints pertaining to county matters, for the information of the commissioner. It is further enacted by the authority aforesaid, that the said commissioner, together with his said clerk, shall be in his office on the 1st Tuesday in each and every month, for the transaction of the public interests of the county, for the hearing of applications and complaints, and for such other purposes as may come legitimately within his jurisdiction. He may by special appointment fix and have other days in his office for such purposes, when the pressure of business requires it; but nothing herein shall be construed to dispense with the regular day fixed on the 1st Tuesday in each month. It shall be his duty to give his entire time to the personal supervision and direction of the county affairs.
Sec. 11. That the Commissioner of Roads and Revenues of said County of Twiggs, before entering upon the duties of his said office, shall take oath before the ordinary of said County of Twiggs, to faithfully, fairly, and impartially discharge all the duties devolving upon him as commissioner of said County of Twiggs, and shall give bond with some good and solvent surety company, suable in said county, as surety, in the sum of twenty thousand dollars (S20,000.00) payable to the ordinary of Twiggs County, Georgia, and his successors in office, for the use and benefit of Twiggs County, conditioned for the faithful discharge of all the duties of his office, and for the faithful accounting of all monies coming into his hands, belonging to said county; and provided that the premium on the said bond be paid out of the county treasury; said bond to be approved by the ordinary of Twiggs County, Georgia, and the said bond when so executed and approved shall be by the ordi-
1124
} OURNAL OF THE SENATE,
nary of said county recorded in his rect>rd of official bonds kept by him in his office.
Sec. 12. Said Commissioner of Roads and Revenues of said county shall receive as compensation for his services the sum of two hundred (:$200.00) dollars per month, payable out of the county treasury on the 1st Tuesday in each and every month.
Sec. 13. It shall be the duty of the Commissioner of Roads and Revenues of said county to provide suitable permanent books wherein a record shall be kept of his acts, all contracts and purchases, all permanent improvements, repairs, or additions, all expenses and expenditures, together with the dates and amounts, and for what paid, the persons to whom paid, and a complete detailed account of every transaction where any money is paid or contracted to be paid out of the county funds. It shall be the duty of said commissioner to make daily reports of such matters, and it shall be the duty of the clerk to accurately enter upon the books of said office the full and complete details of every transaction in chronological order. It is further enacted by the authority aforesaid, that each county warrant issued in payment of any bill, obligation, account, or debt of said county shall not be a valid and binding order on the treasury of said county unless countersigned by the clerk of said commissioner when signed by the said commissioner.
Sec. 14. It shall be the duty of the grand jury, at the first regular session thereof each year, to provide for a competent auditor to audit the books and accounts of the Commissioner of Roads and Revenues and his said cJerk, and to make an exhaustive report of his findings, and to file the same with the clerk of the Superior Court of Twiggs County, Georgia, whose duty it shall be to preserve the original report until the meeting of the next regular grand jury thereafter, when the same shall be delivered to the foreman of the grand jury; and it shall
FRIDAY, AuGUST 23, 1929.
1125
be the duty of the grand jury, with the assistance of the solicitor-general, to examine the report and make such recommendations as may seem proper, and it shall have power and authority to summon the commissioner or the clerk, or both, and other witnesses, with all books and records, paid vouchers, and other evidence, for the purpose of examination, in order to make a thorough examination into the administration of the commissioner's office. This power and duty of the grand jury shall not be conditioned upon a suspicion of wrong-doing or political reasons, but is intended to insure a thorough understanding of the management of the county affairs at all times. The cost of the audit and its publication shall be paid out of the county treasury of said county. It shall be the further duty of the said grand jury aforesaid, upon the same terms and conditions as aforesaid, to also have a similar audit made of the books and accounts of the tax-collector, taxreceiver, county depository, sheriff's office and superintendent of public schools. The said auditor's report covering each and all of the said offices, shall, after inspection by the grand jury, be returned to the clerk of Twiggs Superior Court, and shall be filed and preserved by him.
Sec. 15. Be it further enacted by the authority aforesaid, that the Commissioner of Roads and Revenues and the clerk, or both, or either, shall be subject to impeachment for incompetency or malfeasance in office, in the same manner as county officers are subject to impeachment.
Sec. 16. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of said Commissioner of Roads and Revenues to draw vouchers on the county treasury or county depository for all bills approved by the Commissioner of Roads and Revenues, and to file and preserve all bills for which vouchers are drawn, arranging them in regular sequence, according to date; and no voucher shall be drawn except for written bills or accounts properly approved by the commissioner.
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JOURNAL OF THE SENATE,
Sec. 17. Be it further enacted by the authority aforesaid, that the said Commissioner of Roads and Revenues is hereby authorized and empowered to retain and employ a competent attorney at law, and such commissioner is authorized, to pay such attorney a retainer fee of not exceeding two hundred and fifty ($250.00) dollars per annum, to be paid monthly out of the county funds of Twiggs County, and such attorney shall receive such other compensation as may be agreed upon by him and said commissioner. It shall be the duty of said county attorney to represent the County of Twiggs in all legal matters in which said county may be interested, and he shall be the legal adviser of said commissioner, and shall attend the said commissioner's meeting when requested.
Sec. 18. Be it further enacted by the authority aforesaid, that the said Commissioner of Roads and Revenues is hereby further authorized and empowered to employ a competent physician; for the purpose of giving medical attention and aid to the county jail prisoners, paupers of the county, convicts of the county, and any other matter requiring his services as a county physician; and the said Commissioner of Roads and Revenues shall have the right and authority to fix his compensation.
Sec. 19. Be it further enacted by the authority aforesaid, that in the event the grand jury of the said County of Twiggs during any year shall fail, refuse or neglect to have the books and affairs of the offices of tax-collector, tax-receiver, sheriff and superintendent of public schools audited and examined by some certified public accountant of this State, then and in that event it shall be the duty of said Commissioner of Roads and Revenues to have the said audit of said officers made by some certified public auditor of this State, upon the same terms and conditions and. subject to the same rules and regulations as is set out in Section 19 of this Act.
Sec. 20. Be it further enacted by the authority aforesaid, that said commissioner, at the end of each quarter
FRIDAY, AucusT 23, 1929.
1127
of the year, shall make up an itemized statement showing all amounts collected and expended on behalf of the county during the quarter. Said statement shall show the balance of cash on hand at the beginning of the quarter and at the end of the quarter. Said statement shall also show the amount of outstanding indebtedness of the county and how the same represented whether open account, note, or warrant. He shall verify the said statement as follows: I ................ Commissioner of Roads and Revenues of Twiggs County, Georgia, do solemnly swear that the above is a full and true statement of the monetary transactions of my office for the quarter ending . . . . . . . . . . . . , as well as showing the outstanding indebtedness of said county. That I have not received a rebate, commission, or drawback, nor have I personally profited or known of any illegal profit to any one whomsoever through any transaction of my offi::e, so help me God. Signed ....... . . . . . . . . .sworn to and subscribed before me this the ..... . day of. ......... 19. . . Said statement shall be published in the official organ of the county, provided the commissioner can arrange for its publication at a satisfactory price, not to exceed in any event $1.00 per one hundred words. If the commissioner cannot obtain the publication of said account or statement at a satisfactory price by the official newspaper of the county, or some other newspaper with a general circulation in the county, then he shall erect a bulletin board in the rotunda of the county court house and post such account or statement thereon.
Sec. 21. Be it further enacted by the authority aforesaid, that said Commissioner of Roads and Revenues of said County of Twiggs shall cause the convict gang of said county, or free labor if used, to work all continuations of public roads through the various incorporated towns and municipalities of said County of Twiggs.
Sec. 22. Be it further enacted by the authority aforesaid, that if a one man system is declared by a majority of the voters and the Commissioner of Roads and Revenues,
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for said County of Twiggs, shall have been elected and qualified, that after the 31st day of December, 1930, all acts creating and relating to the Board of Roads and Revenues of Twiggs County, and all amendatory acts thereof, said acts being approved respectively December 5, 1898, August 14, 1903, August 10, 1915, August 18, 1917, August 12, 1920 and July 27, 1923, shall be repealed and this act shall constitute the laws governing said office of Commissioner of Roads and Revenues in and for said County of Twiggs, effective after the thirty first day of December; provided further that if a majority vote does not declare for a one man board, but for a three man board system or for a five man board system, then the same laws now governing the boards of roads and revenues and the clerk for same, shall govern as to salaries, duties and regulations.
Sec. 23. 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 as amended, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
Mr. Myrick of the 1st, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. !!resident:
Your Committee on Rules has established the following as the calendar for Friday, August 23, 1929.
House Bill No. 199. House Bill No. 633. House Bill No. 587.
FRIDAY, AuGUST 23, 1929.
1129
House Bill No. 596. House Bill No. 31. House Bill No. 554. House Bill No. 836. House Bill No. 641. House Bill No. 74. House Bill No. 191.
The following bill was read the third time and placed upon its passage.
By Mr. Freeman of Early and others-
House Bill No. 199 A bill to regulate the distribution of fert lizer.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was taken up for the purpose of disagreeing to the House amendment to the same.
By Mr. Lankford of the 15th-
Senate Bill No. 1. A bill to provide for a tax on incomes.
Mr. Lankford asked unanimous consent that the Senate disagree to the second division of the House amendment and the consent was granted.
The Senate accordingly disagreed to the House amendment.
The following resolution was read and adopted:
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JouRNAL oF THE SENATE,
By Mr. Sibley of the 19th and others-
Senate Resolution No. 73. A resolution providing a commission to investigate the school laws.
Mr. Mathews moved that the Senate reconsider its action in disagreeing on yesterday to division one of the House amendments to Senate Bill No. 1, and the motion prevailed.
The President then announced the question on agreeing to the House amendment:
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Bird, A. J. Dame, George M. Dorsey, J. H. Fletcher, J. M.
Ford, P. B.
Hyman, J. E.
Kldd, W. J. Lane, W. T. Lokey, C. E. Mathews, Sam M. McElmurray, W. L.
Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Tyson, Wm. S. Williams, Felix C. Wright, Seaborn
Those voting in the negative were Messrs.:
Barrett, J. B. R. Garrison, J. M. Goode, Geo. L. Ham,T.C. Harris, B. F. King, E. R. Lankford, Geo. W. Lawson, H. F.
Mickle, C. M. Myrick, Shelby. Pickering, V. C. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D.
Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Zellars, B. B.
On the question of agreeing to the House amendment the ayes were 21, nays 22.
The question having failed to receive the requisite two thirds constitutional majority was lost.
The President of the Senate made the following statement, in explanation of his ruling on the question, to-wit:
The Constitution of the State provides that in order to submit an amendment to the Constitution, it is necessary
FRIDAY, AucusT 23, 1929.
1131
that the proposed amendment shall receive the affirmative votes of two-thirds of all the members elected to each branch of the General Assembly.
The House amendment to the Senate Bill proposing this amendment is in itself an amendment to the Constitution, as it expressly abolishes the ad valorem tax. To agree to this amendment would make this provision a part of the Constitution of the State.
During the extra-ordinary session of 1923, the presiding officers of both branches of the General Assembly ruled that to agree to such an amendment would take a two-thirds vote of all the members elected to each House. The precedents are to the same effect in the National House and Senate. The chair therefore follows these former rulings and holds that to agree to this amendment it would require the affirmative votes of two-thirds of all the members elected.
Mr. Williams of the 16th moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until 3:00 o'clock this afternoon.
SENATE CHAMBER,
AFTERNOON SESSION.
The Senate met pursuant to adjournment at 3:00 o'clock this afternoon 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 reqmstte constitutional majority the following bills of the Senate, to-wit:
1132
J. OURNAL OF THE SENATE,
By Mr. Myrick of the 1st-
Senate Bill No. 11. A bill to be entitled an Act to legitimatize Edmund Black, Jr., and for other purposes.
By Mr. Vaughn of the 34th-
Senate Bill No. 47. A bill to be entitled an Act to amend the \Vorkmen's Compensation Act relative to employers' reports to the Industrial Commission, 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 reqms1te constitutional majority the following bill of the Senate, by substitute, as amended, to-wit:
By Mr. Zellars of the 30th-
Senate Bill No. 112. A bill to be entitled an Act to regulate the manner in which motor vehicles transporting passengers or freight for hire upon the public highways of Georgia may be operated, 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, to-wit:
By Mr. Lawson of the 14th-
Senate Bill No. 216. A bill to be entitled an Act to amend the Code so as to exempt from its operation tax executions, and for other purposes.
FRIDAY, AUGUST 23, 1929.
1133
Mr. Redwine of the 26th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations hss had under consideration the following House Bills Numbers 1, 222, 538, 298 and 328 and has instructed me, as chairman, to report the S'-'me back to the Senate with the recommendation that the same do pass.
Also have under consideration House Bill Number 3 and recommend that same do pass as amended.
Respectfully submitted,
REDWINE, Chairman.
Mr. Williams of the 16th District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. President:
Your Committee on Game and Fish has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 261.
Respectfully submitted,
WILLIAMS, Chairman.
Mr. Rawls of the 8th District, Chairman of the Committee on Amendment, to Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to Constitution has had under consideration the following bills of the House and has
1134
JOURNAL OF THE SENATE,
instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 769. House Bill No. 795.
Respectfully submitted, RAWLS, Chairman.
Mr. Terrell of the 36th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bill and resolutions of the House and has in ructed me, as chairman, to report the same back to the Se ate with the recommendation that:
House Resolution No. 155 do not pass.
House Bill No. 592 do pass.
Respectful!y submitted,
TERRELL, Chairman.
By unanimous consent the following bill, unfavorably reported, was read the second time and recommitted to the Committee on Highways:
By Mr. Traylor of Richmond-
House Resolution No. 155. A resolution authorizing Speaker of the House and President of the Senate to appoint a committee to perfect the Traylor-Neill Highway Map.
The following bills, favorably reported, were read the second time:
FRIDA v, AucusT 23, 1929.
1135
By Fulton Delegation-
House Bill No. 769. A bill to amend constitution so as to allow Fulton County to pay pensions to county employees.
By Messrs. Mooty, Martin of Troup and Barker of Heard-
House Bill No. 795. A bill to amend constitution to allow persons to build a dam on the Chattahoochee near West Point.
The following bill was read again and placed upon its passage:
By Mr. Alexander of Chatham-
House Bill No. 362. A bill to make appropriations for the years 1930 and 1931.
Mr. Redwine called for the previous question on the bill and all amendments thereto and the call was sustained.
Messrs. Ford of the lOth and Pickering of the 47th moved to amend the bill as follows:
To amend item "(m)" of Section 2, Division A, of House Bill as follows:
By striking the figures "3,500.00" for each and both of the years 1930 and 1931, and by inserting in lieu thereof the figures "5,000.00" for the year 1930 and the figures "$5,000.00 for the year 1931.
The amendment was adopted.
The Committee on Appropriations proposed the following amendment:
To amend Section 2 of Division A, Paragraph 0, as follows:
By substituting for the figures $22,500.00 for the year 1930, the figures $26,866.44, and adding at the end of said sub-section the following language, to-wit:
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JouRNAL oF THE SENATE,
"Provided that of said sum of 326,866.44 appropriated for the year 1930, the sum of $4,366.44 shall be paid to Bryan County as reimbursement for funds already expended by said county on behalf of the state veterinarian in tick eradication work in infested area in said county during the years 1925 and 1926."
The amendment was adopted.
Mr. Zellars moved to amend the bill as follows:
"Amend Division A, Item R, Section 2, by striking $50,000.00 and inserting therefor the figures "$100,000.00."
Mr. Zellars called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were :Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Fletcher, J. M. Ford, P. B. Goode, Geo. L.
Ham, T. C. Hyman, J. E.
Kidd, w. J.
Lankford, Geo. W. Lawson, H- F. Lokey, C. E. McElmurray, W. L. Myrick, Shelby Nichols, A. J.
Paulk, R. Peebles, Leon L. Sibley, J. Hart Smith, Jno. A. Tyson, Wm. S. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Alston, G. C. Dame, George M. Garrison, J. M. Harris, B. F. King, E. R.
Lane, W. T. Mashburn, Marcus Mickle, C. M. Peek, Chas. W. Pickering, V. C.
Pitner, J. M. Platt, Wm. H. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V.
The ayes were 28, nays 15 and the amendment was adopted.
Mr. Terrell moved to amend the bill as follows:
FRIDAY, AuGUST 23, 1929.
1137
Amend Section 3 of the General Appropriations bill by adding after sub-section (a) the following as sub-section (b) the following:
"For repairs and necessary equipmen ts to be placed in the Rhodes Building donated to the State by their heirs of the late A. M. Rhodes, deceased............. $5,000.00
The amendment was adopted.
Mr. Redwine moved to amend the bill as follows:
Amend Section 6, sub-section (d), by striking the figures $1,200 wherever they appear and inserting in lieu thereof the figures 81,800.00.
The amendment was adopted.
Mr. Redwine moved to amend the bill as follows:
Amend Section 7, sub-section (a) by striking the paragraph. "For the salary of the Comptroller-General $2,000.00 for the year 1930 and S2,000.00 for the year 1931" and inserting in lieu thereof as sub-section (a). "For the salary ~ of the Comptroller-General $7,500.00 for the year 1930 and $7,500.00 for the year 1931.
Provided, however, that he shall not receive any fees, etc., to supplement the above named salary.
The amendment was adopted.
Mr. Redwine moved to amend the bill as follows:
"By striking from Section 7 sub-section (f) in its entirety.,
The amendment was adopted.
The committee moved to amend as follows:
To amend Division A, Section 7, Item I, by striking the figures 831,800.00 for the years 1930 and 31, and inserting in lieu of these figures for each year, the figures $51,800.00.
1138
JouRNAL OF THE SENATE,
And further amends by adding at the end of said item, the following language, to-wit:
"And provided that an assistant oil inspector shall be
employed at a salary of $2,400.00 per year, to be paid out of
the above appropriation."
The amendment was adopted.
The committee moved to further amend as follows:
By striking the second proviso of Section 8, sub-section (a) and inserting in lieu thereof the following:
"Provided further, that the one cent (1) per gallon of the gasoline tax and the one cent (lc) per gallon kerosene tax allocated to the equalization fund shall be used and devoted only to the equalization fund as provided by law, which said allocated funds are hereby appropriated in addition to the sum of $5,003,200.00, above set forth.
The amendment was adopted.
Messrs. Smith and Peebles moved to amend as follows:
To amend General Appropriation Act; Section 8, subsection (a) by adding the following words.
Provided that $3,500.00 annually, of said common school fund, or so much thereof as may be needed, shall be devoted to maintaining a public school for children confined in the State Sanitarium fat: tubercular patients under direction of the State Department of Education.
The amendment was adopted.
Messrs. Goode of the 31st and King of the 11th moved to amend as follows:
"Amend Section 8, sub-section (b) by striking the figures $150,000.00 for the year 1930 and the figures $150,000.00 for the year 1931" and inserting in lieu thereof the figures "$216, 412.14 for the year 1930 and $238,255.14 for the year 1931, and moves further to amend said section by adding
FRIDAY, AUGUST 23, 1929.
1139
after the figure 1917, the following: Provided, the excess of said amount over and above $150,000.00 shall not be available for use in any county now receiving the benefits of said fund until after all other counties not receiving the benefit thereof have had the opportunity to qualify and participate in said fund."
On the adoption of the amendment Mr. King called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Dorsey, J. H. Ford,P. B. Goode, Geo. L. Ham,T.C. King, E. R. Lane, W. T.
Lokey, C. E. Mashburn, Marcus Mathews, Sam M. Nichols, A. J. Pickering, V. 0. Platt, Wm. H. Rawls, H. G. Sibley, J. Hart
Smith, Jno. A. Tyson, Wm. S. Vandiviere, H. G. Williams, E. M. Williams, Felix 0. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J.
Brewer, J. c.
Cook, Jno. M. Dame, George M. Davis, J. S.
Fletcher, J. M. Garrison, J. M. H;vman, J.E. Kidd, W. J. Lankford, Geo. W. Lawson, H. F. McElmurray, W. L. Mickle, C. M.
Paulk, R. Peek, Chas. W. Peebles, Leon L. Pitner, J. M. Redwine, Chas. D. Terrell, J. Render Whaley, W. V.
The ayes were 23, nays 23, and the amendment was lost.
Mr. Williams of the 16th moved to amend as follows:
"Amend Section 14 by striking the figures "$40,000.00" for the year 1930 and inserting in lieu thereof the figures "$42,590.21."
The amendment was adopted.
1140
JOURNAL OF THE SENATE,
The committee moved to amend as follows:
To amend Division A, Section 16, Sub-section (c), by substituting therein for the figures 0.00 for the years 193031, the figures $1,500.00 for each of said years.
The amendment was adopted.
1\Ir. Redwine moved to amend as follows:
Amend Section 17, Sub-section (a), by striking the paragraph "for the salaries of the members of the Prison Commission $10,500 for each of the years 1930 and 1931 provided that this sum shall be equally divided in three salaries of $3,500.00 each" and inserting in lieu thereof the following paragraph:
"For the salaries of the members of the Prison Commission S15,000.00 for each of the ears 1930 and 1931, provided that this sum shall be equally divided in three salaries of $5,000.00 each."
The amendment was adopted.
The committee moved to amend as follows:
"By striking from Section 18, Sub-section (a) the figures "$50,000.00" and inserting therefor the figures "$70,000.00."
The amendment was adopted.
Mr. Redwine moved to amend as follows:
Amend Section 21, Sub-section (a) by striking the paragraph "for the salary of the Secretary of State $2,000 for each of the two years 1930 and 1931 and inserting in lieu thereof the following paragraph:
"For the salary of the Secretary of State $7,500.00 for the year 1930 and $7,500.00 for the year 1931. Provided, however, that he shall not receive any fees, etc., to supplement the above named salary.
The amendment was adopted.
FRIDAY, AUGUST 23, 1929.
1141
The committee moved to amend
as follows:
For Year For Year
1930
1931
For the support and maintenance of the income Tax Division: . . . . . . . $25,000.00 S50,000.00
For the support and maintenance of Income and Sales Tax Departments, Oct. 1, 1929 to Jan. 1, 1930 ..
S5,000.00
For the salary of head of Income Tax and Sales Tax Departments ...
$2,000.00
Mr. Smith of the 25th moved to amend the committee amendment as follows:
"Amend by striking the itern $2,000.00 wherever same occur."
The amendment was adopted.
The committee amendment, as amended, was adopted.
Mr. Redwine of the 26th moved to amend the bill as follows:
Amend Section 23, Sub-section (a) by striking the paragraph "For the salary of the State Treasurer $4,800.00 for each of the years 1930 and 1931 and inserting in lieu thereof the paragraph to read as follows: "For the salary of the State Treasurer S7,500.00 for the year 1930 and $7,500.00 for the year 1931. Provided, however, that the abov:e named salary shall not be supplemented by additional montes.
The amendment was adopted.
Mr. Redwine moved to further amend:
Amend Section 23, Sub-section (b) by striking the paragraph "For the salary of the Assistant-Treasurer 53,600.00 for each of the years 1930 and 1931" and inserting in lieu thereof the following paragraph:
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JOURNAL OF THE SENATE,
"For the salary of the Assistant-Treasurer $5,500.00 for the year 1930 and $5,500.00 for the year 1931. Provided, however, that the above named salary shall not be supplemented by additional monies."
The amendment was adopted.
Mr. Redwine further moved to amend:
"By striking from Section 23 Division A, Sub-section (d) in its entirety."
The amendment was adopted.
Mr. Redwine further moved to amend as follows:
"Amend Section 23 Division A, by striking Sub-section (e) in its entirety."
The amendment was adopted.
The committee moved to amend as follows:
Amend Division A, Section 25, Sub-section (a), by striking the figures $245,000.00 for each of the years 1930 and 1931 and substituting in lieu therefor the figures $270,000.00 for each of the years respectively.
The amendment was adopted.
The committee further moved to amend:
To amend Division A, Section 26, Sub-section A, by substituting in said Sub-section for the figures $45,000.00 for each year respectively, the figures $50,000.00.
The amendment was adopted.
The committee further moved to amend as follows:
"Amend Division A, Section 25, Sub-section (h) by striking the last proviso of said Sub-section (h)."
The amendment was adopted.
FRIDAY, AucusT 23, 1929.
1143
The committee further moved to amend as follows:
To amend Division A, Section 25, Sub-section (k), by striking the figures $125,000.00 for each year and substituting therefor the figures $150,000.00 for each of said years respectively.
The amendment was adopted.
Mr. Paulk of the 47th moved to amend as follows:
Amend I tern (n) Section 25, by striking out the words "For South Georgia A. & l\1. College at Tifton" and by substituting in lieu thereof the words "For Georgia State College for Men at Tifton."
The amendment was adopted.
Mr. Brewer of the 46th moved to amend as follows:
To amend Article R of Section 25, by striking the word "Junior" therefrom. This amendment is offered to comply with the Act passed changing the name of this college from South Georgia Junior State College to South Ga. State College.
The amendment was adopted.
The committee moved to amend the bill as follows:
To amend Division A, Section 25 Sub-section (q), by striking the figures $40,000.00 for each year respectively and substituting therefor the figures $50,000.00.
The amendment was adopted.
Mr. Myrick moved to amend the bill as follows:
Amends Sub-section (x) of Section 25, Division A, by striking the figures $57,000.00 for the years 1930 and 1931 and inserting the figures $57,666.00 for the years 1930 and 1931.
The amendment was adopted.
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JOURNAL OF THE SENATE,
The committee moved to amend the bill as follows:
To amend Division A, Section 25, by adding a new Subsection to said Section 25, to be known as C-1, to read as follows:
For Rayon Purposes ..
For Year 1930 For Year 1931 $15,000.00 $15,000.00
The amendment was adopted.
Mr. Redwine moved to amend the bill as follows:
Amend Section 30 by striking at the end of said section the following paragraph in its entirety. "Salary of the Corporation Commissioner $1,200.00 for each of the years 1930 and 1931.
The amendment was adopted.
Mr. Neill of the 24th moved to amend as follows:
Moves to strike Section 30 on page 13 of the printed bill, and insert the following in lieu thereof, to-wit:
"Section 30. Departments, Commissions, and Boards Supported by Special Funds as Prescribed by Law:
"In add. tion to the departments and commissions of the State Government for whose support and maintenance direct appropriations have been made, the following Departments, Commissions, and Boards shall be maintained for the years 1930 and 1931 respectively by special funds prescribed by law as follows:
"State Highway Department. All expenditures are to be paid out of motor-vehicle fees and pro rata of gasoline tax collected as fixed by law.
"Industrial Commission. To be maintained by collection of a tax levied upon the gross earnings of insurance companies writing workmen's compensation insurance, and upon employers who are permitted by the Industrial Commission to pay compensation direct.
FRIDAY, AUGUST 23, 1929.
1145
"Public Service Commission. To be maintained under the Act of 1922, which provided that $70,000.00 shall be raised annually for the support of the Commission by fees collected from public-service corporations coming under their jurisdiction.
"Game and Fish Department. The expenditures are to be paid out of licenses and fines collected.
"The Forestry Department. To be supported by the privilege taxes on forest industries, as provided under the Forestry Act of 1925.
"State Fire Inspector. To be supported by a tax of one-tenth of one per cent on premiums of fire-insurance companies doing business in this State.
"State Banking Department. To be maintained by the collection of fees, fines, etc., from State Banks, persons, firms, partnerships, and corporations now under or which may hereafter be placed under supervision of State Banking Department.
"Provided, however, that the license fees or fines collected by said Department and herein appropriated shall not be applied so as to supplement the salary of any of the officers, employees or agents of said Department as is now provided by law.
"Securities Commission. All expenditures are to be paid from funds arising from the collection of licenses and fees from corporations. Provided, however, that the total amount appropriate.d to and to be expended by said Commission shall not exceed seventy-five per cent of the total sum collected by said Commission.
"State Board of Barber Examiners. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventy-five per cent of the total sum collected by said Board.
1146
JouRNAL OF THE SENATE,
"Georgia Board of Chiropractic Examiners. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventyfive per cent of the total sum collected by said Board.
"Board of Public Accountant Examiners. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventyfive per cent of the total sum collected by said Board.
"Board of Dental Examiners. To be suppo.rted by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventy-five per cent of the total sum collected by said Board.
"Georgia State Board of Embalmers. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventy-five per cent of the total sum collected by said Board.
"State Board of Medical Examiners. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to.and to be expended by said Board shall not exceed seventy-five per cent of the total sum collected by said Board.
"Board of Examiners for Nurses. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventy-five per cent of the total sum collected by said Board.
"State Board of Optometry. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventy-five per cent of the total sum collected by said Board.
FRIDAY, AuGUST 23, 1929.
1147
"State Board of Osteopathic Examiners. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventyfive per cent of the total sum collected by said Board.
"State Board for the Examination and Registration of Architects. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventy-five per cent of the total sum collected by said Board.
"State Real Estate Board. To be supported by fees collected from licenses, etc. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventy-five per cent of the total sum collected by said Board.
"State Board of Bar Examiners. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventy-five per cent of the total sum collected by said Board.
"State Board of Pharmacy. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventy-five per cent. of the total sum collected by said Board.
"State Board of Veterinary Examiners. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventy-five per cent of the total sum collected by said Board.
"Naval Stores. To be supported by fees collected for inspection of naval stores.
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JouRNAL OF THE SENATE,
"Board of Examiners of Stationary Engineers and Firemen. To be supported by fees collected from applicants for examination. Provided, however, that the total amount appropriated to and to be expended by said Board shall not exceed seventy-five per cent. of the total sum collected by said Board.
"Corporation Commission. To be maintained out of the fees collected from the registration of corporations under an Act of the General Assembly approved August 16, 1906, but such fees to be paid first into the Treasury, and the expenses to be paid by warrant by the Governor, as follows:
Salary of Corporation Commissioner .......... 31,200.00
Salary of Clerk .............. . . . . . . . . . . . . . . . 1,000.00
Printing, postage, and incidental expenses, not to exceed ................................ 1,000.00
For the For the
year I9JO year I9J I
For clerica expenses in collecting insurance agents' tax ............. $4,500.00 $4,500.00
For the salary of corporation Tax Clerk in Comptroller-General's office. . . . . . . . . . . . . . . . . . . . . . . . . . 2,500.00
2,500.00
The committee moved to amend the Neill Amendment as follows:
"Amend the third paragraph thereof, by adding after the word "law," the following: "Except that the Superintendent of Banks, Licensing official of the Small Loan Company to be paid a salary not exceeding S1,200.00 per annum from the fees collected from said Small Loan Companies for the supervision thereof," so that said section when amended, will read as follows:
FRIDAY, Auous_T 23, 1929.
1149
State Banking Department. To be maintained by the collection of fees, fines, etc., from State Banks, persons, firms, partnerships and corporations now under or which may hereafter be placed under supervision of State Banking Department. Provided that the license fees or fines collected by said Department and herein appropriated shall not be applied so as to supplement the salary of any of the officers, employees or agents of said Departments is now provided by law. Except that the Superintendent of Banks, licensing official of the Small Loan Companies be paid a salary not exceeding S1,200.00 per annum from the fees collected from said companies for the supervision thereof.
The amendment was adopted.
The amendment as amended was adopted.
Mr. Redwine moved to amend as follows:
Amend Division B, Section 1, Subsection C by striking the paragraph" For the salaries of the Supreme Court stenographers $18,000.00 for each of the years 1930 and 1931, provided that the sum shall be apportioned in six equal salaries of $3,000 each" and inserting in lieu thereof the paragraph to read as follows:
"For the salaries of the Supreme Court stenographers $24,000 for the year 1930 and $24,000 for the year 1931, provided that the sum shall be apportioned In six equal salaries of $4,000 each."
The amendment was adopted.
Mr. Redwine moved to amend as follows:
Amend Division B, Section 2, Subsection C by striking the paragraph "For the salaries of the Court of Appeals stenographers S18,000.00 for each of the years 1930 and 1931, provided that the above sum shall be apportioned in six equal salaries of $3,000 each" and inserting in lieu thereof the paragraph to read as follows:
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JouRNAL OF THE SENATE,
"The salaries of the Court of Appeals stenographers $24,000 for the year 1930 and $24,000 for the year 1931, provided that the above sum shall be apportioned in six equal salaries of $4,000 each."
The amendment was adopted.
The committee moved to amend the bill as follows:
Amend Division C, Section 3-Legislative expensesSubsection (e) thereof, by striking the figures $2,500 and substituting in lieu thereof the figures $5,000.
The amendment was adopted.
Mr. Sibley of the 19th moved to amend the bill as follows:
Amend Section 8 by adding thereto a subsection (d) and numbered (d) as follows:
"For paying per diem and expenses of the chairmen of committees of education incident to vacation duties imposed by Senate Resolution 73-$300.00 or so much thereof as may be necessary."
The amendment was adopted.
Mr. Redwine moved to amend the bill as follows:
Amend the General Appropriations bill by adding a new section just before the repealing clause to read as follows, to-wit:
"All appropriations made herein which shall become due and are not called for in writing or by requisition in writing upon the proper authorities within two months after the expiration of the fiscal year for which said appropriations were made shall not be paid by the State Treasurer, but shall revert to the General fund in the Treasury."
The amendment was adopted.
The committee moved to amend the bill as follows:
To amend Division C, Legislative Department, Section 3 thereof, termed Legislative Expenses, subsection (h) thereof
FRIDAY, AUGUST 23, 1929.
1151
by striking the figures $2,000.00 and inserting in lieu thereof the figures $5,000 or so much thereof as may be necessary.
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 and nays were ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Barrett, J. B. R. Bird, A. J. Dame, George M. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham,T.C. Harris, B. F. Hyman,J.E.
Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. Mickle, C. M. Myrick, Shelby. Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. C.
Pitner, J. M. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix 0. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Davis, J. S. Kidd, W. J.
King, E. R.
McElmurray, W. L.
On the passage of the bill the ayes were 40, nays 4.
The bill having received the requisite constitutional majority was passed, as amended.
By unanimous consent the bill was ordered immediately transmitted to the House.
The following resolution was read the third time and placed upon its passage.
By Mr. Cone of Bulloch-
Hause Resolution No. 74. A Resolution to define the status of unpaid appropriations of 19?8 and 1929.
1152
JouRNAL oF THE SENATE,
The committee proposed the foll.'1wing su bsti tu te:
Whereas an unprecedented condition exists in the Treasury of the State whereby appropriations heretofore made for the years 1928 and 1929 cannot be paid from revenues now provided by law; and
Whereas, the legal status of the unpaid balance of any and all of said appropriations should be made clear;
Therefore, Be it Resolved by the General Assembly of the State of Georgia as follows:
That the Governor and the Treasurer of said State be, and they are hereby authorized and empowered to issue and pay warrants covering appropriations heretofore made by the General Assembly for the years 1928 and 1929 in full;
That no limitations or lapsed appropriations shall exist against any unpaid balance of said appropriations:
The Governor of this State and the Treasurer are hereby empowered and directed to pay such unpaid balances in full of such appropriations for the years 1928 and 1929 out of any funds available in the Treasury from revenue now or hereafter provided by law.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the resolution by substitute, Wf!.S agreed to.
On the passage of the resolution the ayes and nays were ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Dame, George M. Davis, J. S.
Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham, T. C. Harris, B. F. Hyman, J. E.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L.
FRIDAY, AUGUST 23, 1929.
1153
Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peebles, Leon L. Pitner, J. M.
Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render
Vaughn, 0. R. Whaley, W. V. Williams, E. M. Williams, Felix 0. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Kidd, W. J.
On the passage of the resolution the ayes were 42, nays 1.
The resolution having received the requisite constitutional majority was passed, by substitute.
By unanimous c0nsen t the following bill was taken up for the purpose of cnnsidering the House Substitute thereto:
By Mr. Zellars of the 30th-
Senate Bill No. 112. A bill to place operators of motor busses i.mder the jurisdiction of the Public Service Commisston.
The House adopted a substitute to the bill, and the House substitute is carried in full in the proceedings of the House of August 23, 1929.
Mr. Lankford moved that the bill and all substitutes and amendments thereto be referred tc the Ccmmittee on Highways~ with instructions to report back to the Senate in the mornmg.
Mr. Zellars moved that the Senate agree to the House substitute, and on that motion he called for the previous question and the call was sustained.
And the main question was ordered.
Mr. Pitner moved that the Senate reconsider its action in ordering the main question and the motion prevailed.
Mr. :Myrick moved to send the bill to the Commi'ttee on Railroads with instructions to report back in the morning at 9:00 o'clock.
1154
JOURNAL OF THE SENATE,
Mr. Vaughn moved that the bill and substitutes be referred to the Committee on Highways with instructions to report back to the Senate at the night session today, and the motion prevailed.
Mr. Smith moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until 7:30 o'clock tonight.
Night Session,
The Senate met pursuant to adjournment at 7:30 o'clock tonight and was called to order by the President.
Mr. Terrell of the 36th District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following, to-wit: Senate Bill No. 112, and have considered House Substitute as amended, and said committee has instructed me, as chairman, to recommend that the House Substitute as amended do not pass and be not concurred in by the Senate, but that same do pass by substitute of this committee as amended, this August 23, 1929.
Respectfully submitted,
TERRELL, Chairman.
Mr. Rawls of the 8th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:
FRIDAY, AUGUST 23, 1929.
1155
Mr. President:
Your Committee on Amendments to Constitution has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 550.
Respectfully submitted,
RAWLS, Chairman.
The following bill was read the third time and placed upon its passage:
By Messrs. Brown and Still and Miss Kempton of Fulton-
House Bill No. 550.
A BILL.
To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article 11, Section 1 of the Constitution of this State by adding at the end of said section a new paragraph as follows: "The Commissioners of Roads and Revenues of Fulton County shall have authorit\' to establish and administer sewerage, water, andjor fire prevention systems; to establish and maintain parks; and to levy taxes or assessmerits on property therefor; 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 Article 11, Section 1, of the Constitution of the State of Georgia be amended by adding at the end of said section a new paragraph as follows: "The Commissioners of Roads and Revenues of Fulton County shall have authority to establish and administer sewerage, water, and or fire prevention systems; to establish and maintain parks; and to levy taxes or assessments on property therefor."
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JOURNAL OF THE SENATE,
Sec. 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each congressional district in this State for two months prior 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 general 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 11, Section 1, of the Constituti:m of Georgia, authorizing Fulton County to establish sewerage, water and/or fire prevention systems, and parks"; 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 11, Section 1, of the Constitution of Georgia, authorizing Fulton County to establish sewerage, water and/or fire prevention system, and parks". And if a majority of said electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the 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 11, Section 1, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill proposing an amendment to the Constitution, the roll call was ordered and the vote was as follows:
FRIDAY, AUGUST 23, 1929.
1157
Those voting in the affirmative were Messrs.:
Allen, Wade Atkinson, B. A. Bird, A. J. Cook, Jno. M. Dorsey, J. H. Fletche.:, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham,T.C. Harris, B. F. Hyman, J. E. Kidd, W. J.
King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Paulk, R. Peek, Chas. W. Peebles, Leon L.
Pickering, V. 0. Pitner, J. M. Platt, Wm. H. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vaughn, 0. R.
Whaley, w. V.
Williams, E. M. Williams, Felix 0. Wright, Seaborn Zellars, B. B.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite two-thirds constitutional majority was passed.
By unanimous consent the following bill was taken up for the purpose of agreeing to a House amendment thereto.
By Mr. Lawson of the 14th-
Senate Bill No. 216. A bill to amend code Section 6048, so as to exempt from its operation tax executions.
The House amended the bill as follows:
"By striking the words "owner or" wherever the same appears together in said bill."
Mr. Lawson asked unanimous consent that the House amendment be agreed to by the Senate and consent was granted.
Mr. Lankford of the 15th moved that the Senate reconsider its action in ordering House Bill Number 362, the General appropriations bill, immediately transmitted to the House, and the motion prevailed.
The following bill was taken up for the purpose of considering the House substitute to the same:
1158
JOURNAL OF THE SENATE,
By Mr. Zellars of the 30th-
Senate Bill No. 112. A bill to place all busses under jurisdiction of the public service commission.
The Committee on Highways proposed the following substitute to the House substitute:
A BILL.
An Act to regulate the business of transporting for hire persons and property by Motor Vehicles on the public highways of this State; to define Motor Carriers and to subject them to the jurisdiction and regufatory powers of the Georgia Public Service Commission, also to the laws applicable to common carriers of goods and carriers of passengers; to prohibit the operation of vehicles by Motor Carriers unless they obtain a certificate of public necessity and convenience and to prescribe the conditions on which such certificat.es shall be issued and con- tinued in force and the fees to be paid therefor; to authorize the Commission to prescribe just and reasonable rates, fares and charges of Motor Carriers and the form, filing and publication of tariffs therefor; to prohibit Motor Carriers from charging or receiving greater, less or different compensation than that prescribed; to prevent unjust discriminations; to make provisions with reference to proceedings before the Commission and review of its orders; to make provisions concerning the carrying of white and colored passengers, the carrying of baggage, discontinuance of operations, to give the Commission power to require Motor Carriers to erect, use or lease depots, to fix schedules, or the number, kind or character of equipment used; to authorize Railroad Companies to operate on the public highways as Motor Carriers and to own stock in corporations organized or operating as Motor Carriers; to provide how Motor Carriers shall be taxed for ad valorem property taxes; to prescribe registrarion and license fees to be paid by Motor Carriers; to prohibit any political subdivision of
FRIDAY, AUGUST 23, 1929.
1159
the State from imposing registration or license fees on any Motor Carrier licensed under this Act; to prescribe punishment for violations of this Act and of the orders of the Commission; to authorize the Commission to employ such persons as may be necessary for the enforcement of this Act; to provide compensation for the members of the Georgia Public Service Commission for the extra duties required by 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. This Act may be cited as "Motor Carrier Act of 1929".
Sec. 2. When used in this Act, unless expressly stated otherwise;
(a) The term "person" shall include an individual, a firm, co-partnership, corporation, company, an association or a joint stock association.
(b) The term "Commission" means the Georgia Public Service Commission.
(c) The term "Motor Carrier" means every corporation or person owning, controlling, operating or managing any motor propelled vehicle, (and the lessees, or receivers or trustees thereof, appointed by any court whatsoever) used in the business of transporting persons or property for hire over any public highway in this State and not operated exclusively within the incorporated limits of any city or town; provided that the term "Motor Carrier" as used in this Act shall not include and this Act shall not apply to:
(1) Motor Vehicles engaged solely in transporting school children and teachers;
(2) Or opera.ted exclusively in transporting agricultural, horticultural, or dairy, or other farm products from
1160
JouRNAL OF THE SENATE,
the point of production to market when such motor vehicle is owned or operated by the manufacturer or producer of such products;
(3) Motor Vehicles operated exclusively within the incorporated limits of cities or towns;
(4) Taxicabs, or trucks of baggage transfer companies, which are operated principally within the incorporated limits of cities or towns but which may in the prosecution of their regular business occasionally go beyond the limits of the city or town in which they operate, and which do not operate between such city or town and fixed termini outside of such city or town limits;
(5) Hotel passenger or baggage motor vehicles when used exclusively for its patrons and employees.
(d) The term "Public Highway" means every public street, road, highway or thoroughfare of any kind in this State used by the public.
(e) The term "Certificate" means a certificate of public convenience and necessity issued under this Act.
Sec. 3. Any person engaged in the transportation of persons or property, either or both, for hire, by motor vehicle on any public highway in this State is hereby declared to be engaged in the business of common carrier of persons and property and, as such, is hereby made subject to all laws now of force applicable to common carriers of goods and carriers of passengers. No person or any lessee, receiver or trustee thereof, appointed by any court whatsoever, shall operate any motor propelled vehicle on any public highway in this State for the transportation of persons or property for hire, except in accordance with the provisions of this Act.
Sec. 4. All the powers and duties conferred on the Georgia Public Service Commission by the laws of this State with respect to railroads, are hereby extended to
FRIDAY, AuGUST 23, 1929.
1161
and shall apply to and cover motor carriers and such motor carriers shall be subject to the jurisdiction and regulatory powers of the Georgia Public Service Commission to the extent that railroad companies are under existing law and to the same extent as if they were included in the enumeration of those persons, firms and corporations who are set forth in Section 2662 of the Civil Code of Georgia of 1910 as being within the authority and control of said Commission, except as herein after otherwise provided.
Sec. 5. (a) No motor carrier shall, after this Act goes into effect, operate without first obtaining from the Commission, after hearing under the provisions cf this Act, a Certificate of Public Convenience and Necessity pur<>uant to findings to the effect that the public interest requires such operation. A Certificate shall be granted when
it appears to the satisfaction of the Commission that such
motor carrier was actually operating at the time of the passage of this Act over the route for which such certificate is sought in good faith and in a manner deemed by the Commission beneficial to the public and adequate as to service, rates and the protection of the public, provided the applicant shall comply with the provisions of this Act.
(b) The Commission may issue the Certificate prayed for or issue it for the partial exercise only of the privilege sought; and may attach to the exercise of the rights granted by such certifi~ate ~uch terms and conditions a.s in its judgment the public interest may require.
(c) The Commis~ion may at any time, after notice and an opportunity to be heard, suspend, revoke, alter or amend any certificate issued under this Act if it shall be made to appear that the holder of the certificate has wilfully violated or refused to observe any of the orders, rules or regulations prescribed by the Commission or any provision of this Act, or if, in the opinion of the Commission, the holder of such certificate was not furnishing adequate service or it is no longer compatible with the public interest to continue said certificate in force.
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JouRNAL oF THE SENATE,
(d) Any such certificate may be transferred upon aPplication to and approval by the Commission and not otherwise.
Sec. 6. No certificate shall be issued or continued in operation unless the holder thereof shall give bond with adequate security, for the protection in case of passenger vehicles, of the passengers and baggage carried and of the public, against injury proximately caused by the negligence of such motor carrier, its servants or agents, and in cases of vehicles transporting freight to secure the owner or person enti tied to recover therefor against loss or damage to such freight for which the motor carrier may be legally liable, and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants or agents. The commission shall approve, determine and fix the amount of such bonds, and shall prescribe the provisions and limitations thereof, and such bonds shall be for the benefit of and subject to suit or action thereon by any person who shall sustain actionable injury or loss protected thereby. The commission may, in its discretion, allow the holder of such certificate to file in lieu of such bond a policy of indemnity insurances in some indemnity insurance company authorized to do business in this State of Georgia, which policy must substantially conform to all of the provisions hereof relating to bonds and must likewise be approved by the commission. The commission shall have power to permit selfinsurance in lieu of a bond or policy of indemnity insurance, whenever, in its opinion, the financial ability of the motor carrier warrants.
Sec. 7. The commission shall prescribe just and reasonable rates, fares and charges for transportation by motor carriers of passengers, baggage and property and for all services rendered by motor carriers in connection therewith, and the tariffs therefor shall be in such form, and shall be filed and published in such manner and on such notice as the commission may prescribe, and shall be subject to
FRIDAY, AUGUST 23, 1929.
1163
change on such notice and in such manner as the commission may prescribe.
Sec. 8. No motor carrier shall charge, demand, collect or receive a greater or less or different compensation for the transportation of passengers and property or for any service rendered in connection therewith than the rates, fares and charges prescribed or approved by order of the commission; nor shall any motor carrier unjustly discriminate against any person in its rates, fares, charges or service, but the commission may prescribe by general order to what persons motor carriers may issue passes or free transportation, and may prescribe reduced rates for special occasions.
Sec. 9. No chartered motor vehicles (which shall mean and include a motor vehicle carrying for compensation more than six persons, hired for a specific trip or trips and which is subject to the direction of the person hiring the same) may be operated except by a motor carrier holding a certificate under this Act, over the route on which such chartered vehicle is to be operated.
Sec. 10. Motor carriers may, as an incident to their business, carry mail, parcels and packages under such ru.le~ and regulations as may be prescribed by the Commtsston.
Sec. 11. Motor carriers may confine themselves to carrying either white or colored passengers, or they may provide different motor vehicles for carrying white and colored passengers; and they may carry white and colored passengers in the same vehicle but only under such conditions of separation of the races as the commission may prescribe.
Sec. 12. Motor carriers shall not be compelled to carry baggage of passengers, except hand baggage; the character, amount and size of which the motor carrier may limit by its rules or regulations, subject to the approval of the com-
1164
JouRNAL OF THE SENATE,
m1ss1on, and the commission may by rule or regulation limit the amount of the liability of the motor carrier therefor. If a motor carrier shall elect to carry the personal baggage of passengers (other than hand baggage), the commission shall prescribe just and reasonable rates therefor, and such other rules and regulations with respect thereto as may be reasonable and just, and may by rule or regulation limit the amount of the liability of the motor carrier therefor.
Sec. 13. The Commission shall have the power to require motor carriers to erect, use or lease depots or stations; to fix and prescribe schedules and the Commission may withhold or withdraw its certificate if, in its opinion, the service of the motor carrier is not adequate in all respects.
Sec. 14. A motor carrier shall have the right to discontinue its whole service on any route upon 30 days' published notice and thereupon its certificate therefor shall be cancelled. A motor carrier shall have the right to discontinue any part of its service on any route upon 30 days' published notice, subject, however, to the right of the commission to withdraw its certificate for such route, if in the opinion of the commission such diminished service is not adequate or any longer compatible with the public interest.
Sec. 15. Railroad companies operating in this State are hereby authorized to operate motor vehicles for hire upon the public highways, provided they obtain from the commission a certificate under this Act, and provided further that they shall be as to said motor vehicles motor carriers under this Act and subject to all the provisions of this Act; and railroad companies operating in this State are also authorized to own the whole or any part of the capital stock of a corporation or corporations organized or operating as a motor carrier.
Sec. 16. All laws relating to the return of railroad property for taxation and the assessing, payment, collection,
FRIDAY, AucusT 23, 1929.
1165
enforcement and resistance of the taxes thereon shall be applied to motor carriers; except that the returns made to the Comptroller-General of such motor carriers shall show the counties, municipalities and school districts through which the motor vehicles of the motor carrier are operated and the number of miles operated by each motor vehicle therein; and such motor vehicle shall be assessed for county, municipal and schvol district taxes for the several counties, municipalities and school districts through which they respectively operate; and for the purpose of ascertaining the amount of taxes payable to each of said subdivisions in respect of motor vehicles, the tax rate of each political subdivision shall be applied to such portion of the assessed value of the motor vehicle as the number of miles such motor vehicle operates through such political subdivisions bears to the total mileage such motor vehicle is operated in this State; and except that all other personal property of motor carriers shall be assessed by the ComptrollerGeneral for property taxes to the political sub-division in which it would be taxable if owned by any other person or corporation.
Sec. 17. In all respects in which the commission has power and authority under this Act, proceedings may be instituted, complaints made and filed with it, process issued, hearings held, opinions, orders and decisions made and filed and any final order may be reviewed in any court of competent jurisdiction of this State under the conditions and subject to the limitations as now prescribed by law as relates to the Georgia Public Service Commission.
Sec. 18. A fee of Thirty-Five ($35.00) Dollars shall be charged for the issue of every certificate of convenience and necessity and a fee of Seven and 50;100 ($7.50) Dollars for the transfer of a certificate, which shall be paid to the Comptroller-General when the commission has approved the application for the certificate, of which app.oval the commission shall notify the Comptroller-General and no certificate shall be issued until the said fee of $35.00 has been paid.
1166
JOURNAL OF THE SENATE,
Sec. 19. Every motor carrier shall, as soon as a certificate is issued and annually on or before each succeeding January 1st. as long as such certificate remains in force, make application to the commission for registration and license of all motor vehicles to be operated under said certificate and upon payment of a fee of $35.00 for each vehicle to the Comptroller-General shall be entitled to register the same and receive a license therefor.
The sum or sums derived herein from the issuance and transfer of certificates of convenience and necessity by the Comptroller-General, shall be paid to the State Treasury, who shall keep such sums thus paid to him in a separate fund to be known as the motor vehicle fund. From such funds thus derived the State Treasurer shall, upon proper warrant from the Governor, pay all the expenses and salary of every character as due and provided herein, such sum or sums as may be left after such salaries and supervisory expenses have been paid, as may remain unexpended on the first day of January each year, shall be paid to the State Highway Department for use in maintenance and repair of the highways, as in the discretion of the Highway Board may be directed.
Sec. 20. In addition to the above registration or license fee, there is hereby assessed against every motor carrier the following additional license, when the operation is wholly or in part on paved or hard-surface highways, and which is imposed on account of the use of the highways, and which is hereby appropriated for the maintenance and repair of public highways in Georgia, and shall be paid when collected to the State Highway Department or such other State body or person as may be charged with the maintenance and repair of State highways:
One-half cent per mile operated with buses having capacity of ten passengers or less.
Three-fourths cent per mile operated with buses having capacity of more than ten passengers, but not exceeding twenty passengers.
FRIDAY, AUGUST 23, 1929.
1167
One-cent per mile operated with buses having capacity of more than twenty passengers.
One-cent per mile operated with trucks and trailers having loaded capacity of less than 5,500 pounds.
Two-cents per mile operated with trucks and trailers having loaded capacity of 5,500 pounds or more.
On other than hard-surface or paved highways, the Georgia Public Service Commission shall assess such per cent. of the foregoing scale of charges, as in the opinion of the Commission, is just and reasonable, for the maintenaPce and repair of public high"'ays in Georgia.
Sec. 21. (a) Motor carriers shall keep daily records upon forms prescribed by the commission of all motor vehicles and trailers used during the current month. On or before the te11th of the month following they shall file under oath with the Commission upon forms prescribed by the Commission summaries of their dailv records which will show the capacity of their motor vehic-les and trailers and the miles operated by each motor vehicle and trailer during the preceding month, together with such other information as the commission may require. Such daily records shall be filed and preserved by the commission for a period of at least two years.
(b) On or before the last day of each month, the Commission shall notify all motor carriers of the amount of said tax due from them for the preceding month, which tax shall be paid to the Comptroller-General on or before the fifteenth day of the following month, from which time interest at the rate of 7% per annum shall be assessed on said tax. If payment is not made by the said date, there shall be added as a penalty a sum equal to ten per cent. of the amount of the original tax if not paid within thirty days of such delinquency. The tax and interest and _penalties as due shall be a first lien upon all of the property of the motor carrier, and if payment is not made on 0r before sixty days from the date when the tax is payable, on being notified by
1168
JOURNAL OF THE SENATE,
the Commission of the amount of taxes, interest and penalties thus due the Comptroller-Gener?l of Georgia shall issue execution therefor against such delinquent motor carrier and shall proceed to sell a snfficiency of the property of said delinquent motor carrier as may be necessary to pay said amcunt due for taxes, penalties and interest.
Sec. 22. No county, municipal or other political subdivision of this State shall impose aP y registration or license fee of any kind on any motor carrier licensed under this Act.
Sec. 23. (a) Every officer, agent or employee of any corporation and every other person who violates or fails to comply with the provisions of this Act (except the provisions relating to the payment of fees or taxes) or any order, rule or regulation of the commission, or who procures, aids or abets therein, is guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor.
(b) Every officer, agent or employee of any corporation and every other person who knowingly accepts or receives any rebate or drawback from the rates, fares or charges established or approved by the commission for motor carriers or who procures, aids or abets therein or who uses or accepts from a motor carrier any free pass or free transportation, not authorized or permitted by law or by the orders, rules or regulations of the commission or who procures, aids or abets therein, shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor.
Sec. 21. The commissioner is hereby authorized to employ such persons as may be necessary, in the discretion of the commission, for the proper enforcement of the provisions of this Act, the salaries for such employees to be fixed by the commission. The traveling expenses of the commission and its employees incurred in the performance of this Act shall be paid as similar expenses of the commission.
FRIDAY, AuousT 23, 1929.
1169
Sec. 25. The Chairman of the Commission shall be paid the sum of $2,500.00 per annum and each of the other members of the Commission shall be paid the sum of $2,000.00 per annum for the additional services to be rendered by them in carrying out the provisions of this Act; such salaries to be in addition to the salaries now paid to the Chairman and members of the said Commission.
Sec. 26. Each Section of this Act and each part thereof is hereby declared to be independent sections and parts of Sections and the holding of any Section or any part of a Section to be void or ineffective for any cause shall not effect any other Section of this Act or part of a Section.
Sec. 27. This Act shall be cumulative to other laws regulating the use of motor vehicles on the highways.
Sec. 28. This Act shall become operative and effective on October 1st, 1929.
Sec. 29. All laws and parts of laws which may be in conflict with this Act be and the same are hereby repealed.
1\fr. Pitner of the 50th moved to amend the substitute as follows:
"Amend by striking Section 25 therefrom m its entirety."
The amendment was adopted.
The committee substitute as amended was adopted.
1\Jr. Lankford moved that the Senate agree to the House substitute as amended by the adoption of the Senate substitute, and the motion prevailed.
The bill was ordered immediately transmitted to the House.
The following bill was read the third time and placed upon its passage:
1170
JOURNAL OF THE SENATE, .
By Mr. Bentley of Murray-
House Bill No. 641. A bill to provide for an increase in pensions paid Confederate veterans.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 28, nays 2.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Barrett of Stephens-
House Bill No. 587. A bill to authorize Governor to set apart certain sums for meeting the obligations incurred by the State Highway Department.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 1.
The bill having received the requisite constitutional majority was passed.
Mr. Pitner of the 50th District, Chairman of the Committee on University of Ga. and its Branches, submitted the following report:
Mr. President:
Your Committee on University of Ga. and its Branches has had under consideration the following House Bill No. 836 and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
Respectfully submitted, PITNER, Chairman.
FRIDAY, AUGUST 23, 1929.
1171
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments numbers 1, 3, 4, 5, 6, 7, 11, and 14; and has agreed to, as amended, Senate amendment number 15; and has disagreed to the Senate amendments numbers 8, 9, 10, 12 and 13, to the following bill of the House, to-wit:
By Mr. Wind of Grady-
House Bill No. 129. A bill to be entitled an Act to amend an Act approved in August 1927, known as the General Tax Act.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
By Miss Kempton of Fulton, and others-
House Bill No. 548. A bill to be entitled an Act to aid the W. & A. Railroad by the creation of a commission authorized to contract in the name of the State, and for other purposes.
The House has agreed to the Senate substitute to the following bill of the House, to-wit:
By Mr. Wall of Putnam-
House Bill No. 727. A bill to be entitled an Act to amend the charter of the City of Eatonton, and for other purposes.
The House has agreed to the Senate amendment to the following bill of the House, to-wit:
I
I
1172
JouRNAL oF THE SENATE,
By Mr. Stokes of Twiggs-
Hause Bill No. 867. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has adopted by the reqmstte constitutional majority the following resolutions of the House, to-wit:
By Messrs. Wall of Putnam and Maynard of Sumter-
House Resolution No. 161. A resolution expressing gratitude and appreciation for the great and generous service rendered by the Red Cross to the citizens of the eastern section of Georgia wounded by a cyclone in August, 1928.
By Messrs. Wall of Putnam and Maynard of Sumter-
House Resolution No. 162. A resolution expressing gratitude and appreciation for the generous and noble spirit manifested by the National Government in- making provision for the necessary financial aid to the cyclone sufferers of the eastern section of Georgia.
By Mr. Brown of Emanuel-
House Resolution No. 163. A resolution that the General Assembly adjourn sine die at 11 :59 P. M. August 24th, 1929, without fiction or evasion.
By unanimous consent the following bill was withdrawn from the Committee on Counties and County Matters, read the second time and recommitted:
FRIDAY, AUGUST 23, 1929.
1173
By Mr. Culpepper of Fayette-
House Bill No. 802. A bill to repeal an Act abolishing the Treasurer of Fayette County.
The following hili was read and taken up for consideration:
By Messrs. Sloan of Hall and Griffin of Decatur-
House Bill No. 633. A bill to provide for the distribution of all funds under control of the Highway Department.
Mr. Vaughn called for the previous question.
Mr. Myrick moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until tomorrow morning at 9:00 o'clock.
1174
JOURNAL OF THE SENATE,
SENATE CHAMBER, ATLANTA, GA.,
Saturday, August 24, 1929.
The Senate met pursuant to adjournment at9:00o'clock, A. M. this day and was called to order by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Mr. Mathews, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been examined and found correct.
Mr. Smith of the 25th gave notice that at the proper time he would move that the Senate reconsider its action in passing House Bill No. 362 on yesterday.
By unanimous consent the reading of the journal of yesterday's proceedings was dispensed with.
Mr. Redwine of the 26th asked unanimous consent that the Senate reconsider its action of yesterday in passing House Bill No. "362, and the consent was granted.
By unanimous consent the Senate reconsidered its action in agreeing to the report of the committee, which was favorable to the passage of the bill as amended.
Mr. Smith of the 25th moved to amend the bill as follows.
"By adding another proviso to be des:gnated as the second proviso under Section 8, Subsection (a) Department of Education, to read as follows:
"Provided further that $500,000.00 of the above amount to be used for each of the years 1930 and 1931, for the purpose of aiding consolidated schools as provided for by the Act approved August 25, 1927, in Acts of 1927, page 157. Provided, further that the poll taxes allocated to the common schools, or so much thereof as may be necessary is to be credited on this itern".
SATURDAY, AucusT 24, 1929.
1175
The amendment was adopted.
Mr. Redwine moved to amend the bill as follows:
"Amend Section 21, by adding a new subsection (d) as follows:
For deficit in salary of Secretary of State for balance of year 1929, $1,504.98.
The amendment was adopted.
Mr. Redwine further moved to amend:
"Amend Section 23 by adding a new subsection (1) as follows:
For deficit in salary of State Treasurer for balance of year 1929, $525.00.
The amendment was adopted.
Mr. Redwine further moved to amend as follows:
"Amend by adding a sub-section (j) to Section 7 as follows: For deficit in salary of Comptroller-General for balance of year 1929, $454.98.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill the ayes and nays were ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W.
Allen, Wade
Alston, G. c.
Atkinson, B. A.
Barrett, :r. B. R. Bird, A. :r. Brewer, :r. C.
Dame, George M.
Dorsey, :r. H. Fletcher, :r. M.
Ford, P. B. Goode, Geo. L. Ham,T.C. Lane, W. T. Lankford, Geo. W. Lawson, H. F.
Lokey, C. E.
Mashburn, Marcus Mathews, Sam M. Mickle, C. M. Myrick, Shelby
Nichols, A. :r.
Paulk, R. Peek, Chas. W.
1176
JouRNAL OF THE SENATE,
Peebles, Leon L. Pickering, V. C. Pitner, J. M. Platt, Wm. H. Redwine, Chas. D.
Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S.
Vandiviere, H. G. Whaley, W. V. Williams, E. M. Williams, Felix C.
Those voting in the negative were Messrs.:
Kidd, W. J.
McElmurray, W. L.
On the passage of the bill the ayes were 37, nays 2.
The bill having received the requisite constitutional majority was passed as amended.
The following House resolution was read the third time and placed upon its passage:
By Mr. Gullatt of Campbell-
House Resolution No 156. A resolution for the relief of S. D. Wilson as surety bond.
The following House resolutions were read and adopted:
By Messrs. Wail of Putnam and Maynard of Sumter-
House Resolution No. 161. A resolution expressing gratitude to Red Cross for services rendered to citizens of the Eastern Section of Georgia wounded by a cyclone in August, 1928.
By Messrs. Wall of Putnam and Maynard of Sumter-
House Resolution No. 162. A resolution expressing gratitude to National Government for making necessary financial aid to the cyclone sufferers of the eastern section of Georgia.
The following resolution was read the first time and referred to the Committee on Rules.
SATURDAY, AuGUST 24, 1929.
1177
By Mr. Brown of Emanuel-
House Resolution No. 163. A resolution that the General Assembly adjourn sine die at 11:59 o'clock, P. M. August 24, 1929, without fiction or evasion.
Mr. Redwine of the 26th District, chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your committee on Appropiations has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do not pass:
House Bill No. 554.
Respectfully submitted, REDWINE, Chairman.
Mr. Goode of the 31st District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your committee on Counties and County Matters, has had under- consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 802.
Respectfully submitted, GooDE, Chairman.
The following bills were read the third time and placed upon their passage:
1178
JouRNAL oF THE SENATE,
By Mr. Culpepper of Fayette-
House Bill No. 802. A bill to repeal an Act abolishing county Treasurer of Fayette County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Cooper of Bibb-
House Bill No. 849. A bill to amend an Act providing the salary of Special Criminal Bailiff in certain counties.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Still of Fulton-
House Bill No. 850. A bill to amend the charter of Atlanta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Lewis of Hancock-
House Bill No. 869. A bill to amend the charter of the City of Sparta.
SATURDAY, AUGUST 24, 1929.
1179
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Kirby of Forsyth-
House Bill No. 870. A bill to amend alternative road law of Forsyth County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Kirby of Forsyth-
House Bill No. 871. A bill to amend the charter of the City of Cumming.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Geer of Miller-
House Bill No. 873. A bill to amend the charter of the City of Pearson.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0. The bill having received the requisite constitutional majority was passed.
1180
JOURNAL OF THE SENATE,
By Mr. Oliver of Quitman-
House Bill No. 874. A bill to increase the number of commissioners of Quitman County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0. The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Messrs. Brown and Still and Miss KemptonofFulton-
House Bill No. 769.
A BILL.
An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 6, Paragraph 2, of the Constitution of the State of Georgia by adding thereto the words, "To pay pensions to county officers and employees of Fulton County", so that the General Assembly of the State of Georgia shall have power to delegate to Fulton County in this State the right to levy a tax to pay pensions to county officers and employees, 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 Article 7, Section 6, Paragraph 2, of the Constitution of Georgia be amended by adding thereto the following words: "To pay pensions to county officers and employees of Fulton County," so that said paragraph as amended, in addition to the purposes for which taxes may now be levied, shall authorize the General Assembly of the State of Georgia to delegate to Fulton County in this State the right to levy a tax to pay pensions to county officers and employees.
SATURDAY, AuousT 24, 1929.
1181
Sec. 2. Be it further enacted that whenever 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,. and the same has been entered upon their journals with the ayes and nays taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each congressional district in this State for a period of two months next preceding the time of holding the next general election.
Sec. 3. Be it further enacted that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided in the second section of this Act in the several electoral districts of this State at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the words, "For amendment of Paragraph 2, Section 6, Article 7, permitting Fulton County to levy taxes to pay pensions to county officers and employees." And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words "Opposed to amendment of Paragraph 2, Section 6, Article 7, permitting Fulton County to levy taxes to pay pensions to county officers and employees." And if a majority of said electors qualified to vote for the members of the General Assembly voting thereon shall vote for the ratification thereof, 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 7, Section 6, Paragraph 2, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.
The report of the committee, which was favorable to the passage of the bill was agreed to.
1182
JouRNAL OF THE SENATE,
The bill proposing a constitutional amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Ham, T. C. Hyman, J. E. Kidd, W. J.
Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W.
Peebles, Leon L. Pickering, V. C. Pitner, J. M. Platt, Wm. H. Rawls, H. G. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Whaley, W. V. Williams, E. M. Williams, Felix C.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite two-thirds constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Messrs. Martin and Mooty of Troup-
House Bill No. 795.
An Act to amend Article 7, Section 2, paragraph 2, of the Constitution of this State as now amended which relates to the power of the General Assembly, to exempt from taxation public property and certain classes of private property; by adding another paragraph to said Section 2, to-wit: 2B, to-wit: Any person, natural or artificial, who after or within two years prior to the ratification of this amendment, has built, or may build, or establish on the Chattahoochee River any dam for storage or any power dam for the manufacture, generation, sale or distribution of hydro-electric current, embodying flood control and flood protection features for the City of West Point, Georgia, may as to such project, be exempt from all County, School and Municipal
SATURDAY, AUGUST 24, 1929.
1183
taxes for the Counties of Troup and Heard, for such period of time as that the amount of taxes so exempted would equal to and absorb such part of the cost of such project as is attributable to such flood control or flood protection features, such cost attributable to flood control and flood protection features, to be determined by the Federal Power Commission.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that Article Seven(7), Section two (2), Paragraph two (2) and paragraph two A (2A) of the Constitution of the State of Georgia, be and the same is hereby amended by adding at the end of said paragraph two (2), another paragraph to be known as paragraph two B (2B), to-wit:
Paragraph 2b. Any person, natural or artificial, who after or within two years prior to the ratification of this amendment has built, or may build on the Chattahoochee River any dam for storage or any power dam for the manufacture, generation, sale or distribution of hydro-electric current embodying flood control and flood protection features for the City of West Point, Georgia, may as to such project be exempt from all county school and municipal taxes for the counties of Troup and Heard for such period of time as that the amount of taxes so exempted would equal to and absorb such part of the cost of such project as is attributable to such flood control or flood protecting features, such cost attributable to flood control and flood protection to be determined by the records of the Federal Power Commtsston. Provided, that interest shall not be computed on the sum to be absorbed by tax exemption as herein provided.
Sec. 2. Be it further enacted, that if this Constitutional Amendment shall be agreed to by two thirds of the members of the General Assembly of each House, the same shall be entered on their journals, with the ayes and nays taken thereon, and the Governor shall cause the amendment to
1184
JouRNAL OF THE SENATE,
be published in one or more of the newspapers in each Congressional District for two months immediately preceding the next general election and the same shall be submitted to the people at the next general election, and the voters thereat shall have written or printed on their tickets "For ratification of amendments of Article 7, Section 2, Paragraph 2, of the Constitution of this State" (for ratification of amendment of Article 7, Section 2, Paragraph 2, for authorizing the General Assembly to exempt from taxation, power projects embracing flood control for the City of West Point, Georgia, or "Against Ratification" of amendment of Article 7, Section 2, Paragraph 2, (authorizing the General Assembly to exempt from taxation Power Projects embracing flood control for the City of West Point, Georgia) as they may choose, and if a majority of the electors qualified to vote for members of the next General Assembly voting shall vote in favor of ratification, then said amendment shall become a part of Article 7, Section 2, paragraph 2 of the Constitution of this State, and the Governor shall make proclamation thereof.
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, was agreed to.
The bill proposing a constitutional amendment, the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Cook, Jno. M. Davis, J. S. Dorsey, J. H.
Fletcher, J. M. Ford, P. B. Goode, Geo. L. Ham, T. C. Hyman, J. E.
Kidd, w. J.
Lane, W. T. Lankford, Geo. W. Lawson, H. F.
Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W.
SATURDAY, AUGUST 24, 1929.
1185
Peebles, Leon L. Pickering, V. C. Pitner, J. M. Platt, Wm. H. Rawls, H. G.
Redwine, Chas. D. Sibley, J. Hart Terrell, J. Render Tyson, Wm. S.
Whaley, w. v.
Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite two thirds constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Kennedy of Lamar and Messrs. Grayson and Alexander of Chatham-
House Bill No. 515. A bill to amend an Act relative to indigent soldiers.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Messrs. Jones of McDuffie and West of Randolph-
House Bill No. 232. A bill to prohibit the use of steel traps in catching game.
Mr. Atkinson of the 4th moved to amend the bill as follows:
"Amend by adding at the end of Section 1 the following, "Provided, however, that the Commissioner of Game and Fish may issue special permits to game wardens, deputies or other responsible persons authorizing the taking by means of steel traps, vermin or predatory animals in localities where
1186
JouRNAL OF THE SENATE,
such vermin or predatory animals are a menace to quail or other game birds, and each steel trap used for this purpose must have securely fastened thereto a tag issued by the Department of Game and Fish showing authority for its use."
The a~endment 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 Mr. Kidd called for the ayes and nays and the call was sustained.
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Alston, G. C. Atkinson, B. A. Cook, Jno. M. Dame, George M. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Goode, Geo. L.
Ham, T. C. King, E. R.
Lane, w. T.
Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. Myrick, Shelby. Paulk, R.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Williams, Felix C. Wright, Seaborn
Those voting in the negative were Messrs.:
Allen, Wade
Kidd, w. J.
Peebles, Leon L.
Barrett, J. B. R.
Lankford, Geo. W. Pickering, V. C.
Davis, J. S.
McElmurray, W. L. Redwine, Chas. D.
Garrison, J. M.
Mickle, C. M.
Sibley, J. Hart
Harris, B. F.
Nichols, A. J.
Vaughn, C. R.
Hyman, J.E.
Peek, Chas. W.
Whaley, W. V.
On the passage of the bill the ayes were 27, nays 18.
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 bill and resolutions of the Senate, to-wit:
SATURDAY, AUGUST 24, 1929.
1187
By Mr. Harris of the 44th-
Senate Bill No. 26. A hill to be entitled an Act to authorize the State Highway Board to comply with certain Acts of Congress providing Federal appropriations for paving the LaFayette and Ringgold Extension Road, and for other purposes.
By Messrs. Lawson of the 14th, Pitner of the 50th and Terrell of the 36th-
Senate Resolution No. 66. A resolution providing for the designation of a Commission to have prepared for adoption a new revised Code of the Laws of this State, and for other purposes.
By Mr. Myrick of the 1st-
Senate Resolution No. 19. A resolution to provide for the erection of a suitable memorial to the Georgia soldiers on the battlefield of Gettysburg, and for other purposes.
By Mr. Myrick of the 1st-
Senate Resolution No. 30. A resolution creating the Georgia Pulaski Sesqui-centennial Commission, and for other purposes.
By Mr. Myrick of the 1st-
Senate Resolution No. 45. A resolution providing for the Oglethorpe l\fonument Commission of Savannah.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requlSlte constitutional majority the following bill of the Senate, as amended, to-wit:
1188
JOURNAL OF THE SENATE,
By Messrs. Williams of the 27th, Atkinson of the 4th and Tyson of the 2nd-
Senate Bill No. 246. A bill to be entitled an Act to create an Atlantic Ocean to Gulf of Mexico Canal Commission, and for other purposes.
The following Senate Bill was taken up for the purpose of agreeing to a House amendment to the same:
By Messrs. Williams of the 27th, Atkinson of the 4th and Tyson of the 2nd-
Senate Bill No. 246. A bill to create an Atlantic Ocean to Gulf of Mexico Canal Commission.
The House amended the bill as follows:
"By striking out Section 2 in its entirety and substituting a new section therefor to be known as Section 2, as follows:
Sec. 2. That said commission shall consist of twelve members, at least six of whom shall be residents of the State of Georgia, nine of whom to be appointed by the President of the Senate and the Speaker of the House acting jointly and three of said commission to be those who compose the membership of the Georgia State Canal and Waterways commission appointed by the Governor as same existed before the passage of this Act. The full term office of the members of this Commission to be four years with an initial appointment, designated, of four groups of three members to each group for one, two, three, and four years, so that the term of three members of said commission shall expire every year.
All vacancies on said commission are to be filled by a majority vote of the commission itself, The said twelve members shall elect their own Chairman and Secretary and fix compensation for same."
By unanimous consent the Senate agreed to the House amendment.
SATURDAY, AUGUST 24, 1929.
1189
Mr. Lankford of the 15th asked unanimous consent that the Senate insist upon all the Senate amendments to House Bill No. 129, known as the General Tax Act, and also disagree to the House amendment to the Senate amendment, and that a conference committee of three be appointed by the President to confer with a like number of the House, and the consent was gran ted.
The President appointed as a conference committee, to act with a similar committee from the House:
Messrs. Lankford of the 15th,
King of the 11th,
Wright of the 42nd.
The following bill was read the third time and placed upon its passage:
By Mr. Jackson of Bleckley-
House Bill No. 836. A bill to amend the Act creating the Middle Georgia A. & M. School.
Mr. Williams of the 27th moved to amend the bill as follows:
PROPOSED AMENDMENT TO HOUSE BILL NO. 836.
By Mr. Williams of the 27th-
Amend the caption of said Act by striking out the period after the last word in the caption and inserting in lieu thereof a comma and adding thereto the following: "Also to change the name of the Fifth District Agricultural and Mechanical School located at Monroe, Georgia, and also to change the name of the Sixth District Agricultural and Mechanical School located at Barnesville, Georgia, and for other purposes."
1190
JouRNAL or THE SENATE,
By inserting between Sections 1 and 2 of said Act the following Section.
Section . . . Be it further enacted that the name of the Fifth District Agricultural and Mechanical School located at Monroe, Georgia be and the same is hereby changed to "The Georgia Vocational and Trades School" and all diplomas and other documents emanating therefrom shall bear the name "The Georgia Vocational and Trades School."
Section . . . Be it further enacted that the name of the Sixth District Agricultural and Mechanical School located at Barnesville, Georgia, be and the same is hereby changed to "Georgia Industrial School" and all dipkmas and other documents emanating therefrom shall bear the name "Georgia Industrial College."
Section . . . Be it further enacted that the courses of study in the said Georgia Vocational and Trades School and the Georgia Industrial School shall be the same as are now taught in the said Fifth District Agricultural and Mechanical School and the Sixth District Agricultural and Mechanical School except that additional subjects and courses may be provided as may hereafter be prescribed by the Board of Trustees of the said Georgia Vocational and Trades School and the Georg-ia Industrial College respectively.
Section . .. Be it further enacted that the Boards of Trustees for the management and control of the said Fifth District Agricultural and Mechanical School and the Sixth District Agricultural and Mechanical School shall be and remain the some with reference to appointment, tenure of office, rights and duties for the Georgia Vocational and Tr<Jdes School and the Georgia Industrial College respectively, as are now provided by law.
Section . .. Be it further enacted that all appropriations, donations and properties heretofore authorized by law or heretofore made and hereafter granted to or for the Fifth District Agricultural and Mechanical School shall be
SATURDAY, AuousT 24, 1929.
1191
for the use and support of the Georgia Vocational and Trades School and shall be paid to said School as is now provided by law.
Section . . . Be it further ePacted that all appropriations, doPations and properties heretofore authorized by law or heretofore made and hereafter granted to or for the Sixth District Agricultural and Mechanical School shall be for the use and support of the Georgia Industrial College ~nd shall be paid to said School as is now provided by law.
Section . . . Be it further enacted that all laws and parts of l::>ws in conflict with this Act be and the same are hereby repealed.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 27, nays 8.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and taken up for consideration:
By Mr. Edwards of Gilmer-
House Bill No.. 261. A bill to repeal an Act for the pro tection of Game and fish.
Mr. Lawson called for the previous question and the call was sustained.
Mr. Tyson moved to amend the bill as follows:
"Amend by striking the figures 3200.00, $25.00 and $500.00 wherever they occur and substituting therefor the follow ing figures, $100.00, $10.00 and $300.00".
The amendment was adopted.
1192
JOURNAL OF THE SENATE,
The report of the committee, which was favorable to the passage of the bill, as amended, was disagreed to and the bill was lost.
Mr. Myrick of the 1st gave notice that he would move to reconsider the bill at the proper time.
The following bill was read the third time and placed upon its passage:
By Mr. Lewis of HancockHouse Bill No. 191. A bill to fix the salary of the State
Veterinarian.
Mr. Zellars called for the previous question and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 3. The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 418. A bill to prescribe the season for hunting doves.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The following message was received from the House through Mr. Moore, the clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the Senate, to-wit:
SATURDAY, AUGUST 24, 1929.
1193
By Mr. Zellars of the 30th-
Senate Bill No. 112. A bill to regulate the manner in which motor vehicles transporting passengers or freight for hire upon or over and along the public highways of Georgia may be operated and for other purposes.
The House has disagreed to the Senate amendments to the following bills of the House.
By Mr. Davis of Floyd and others-
House Bill No. 543. A bill to amend the General Tax Act relative to an occupation tax upon domestic and foreign corporations.
By Messrs. Cone of Bulloch and Culpepper of Fayette-
House Bill No. 331. A bill to amend an Act levying a tax upon cigars and cigarettes.
The House insists upon its disagreement to the following Senate amendments Nos. 8, 9, 10, 12 and 13, and also insists upon the House amendment to Senate amendment No. 15 to the following bill of the House, to-wit:
By Mr. Wind of Grady-
House Bill No. 129. A bill to amend an Act approved August 25, 1927, known as the General Tax Act.
The House insists upon the House amendments to the following bill of the Senate, to-wit:
By Mr. Lankford of the 15th-
Senate Bill No. 1. A bill to amend the Constitution of Georgia so as to authorize taxes to be imposed upon incomes and for other purposes.
The following bill was read the third time and placed upon its passage:
1194
JouRNAL OF THE SENATE,
By Mr. Key of Jasper-
House Bill No. 140. A bill to amend the code relative to transfer of bank stocks.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was taken up for the purpose of insisting to the Senate amendments to the same:
By Messrs. Cone of Bulloch and Culpepper of Fayette-
House Bill No. 331. A bill to amend an Act levying tax on cigars and cigarettes.
Mr. Lankford of the 15th moved that the Senate insist upon its amendment, and that a conference committee be appointed, and the motion prevailed.
The President appointed Senators Lankford, Wright and King as the conference committee on the part of the Senate to confer with a like committee of the House.
The following bill was taken up for the purpose of insisting on the Senate amendments to the same:
By Mr. Davis of Floyd-
House Bill No. 543. A bill to amend constitution relative to tax on corporations.
Mr. Lankford moved that the Senate insist upon its amendment, and that a conference committee of three be appointed to confer with a like committee of the House, and the motion prevailed.
The President appointed, Senators Lankford, Wright and King.
SATURDAY, AUGUST 24, 1929.
1195
The following bill was taken up for the purpose of considering the House disagreement to the Senate Substitute.
By Mr. Zellars of the 30th-
Senate Bill No. 112. A bill to regulate motor busses.
Mr. Zellars moved that a conference committee be appointed to confer with the House conferees, and the motion prevailed.
The President appointed, Senator Zellars, Lankford and Goode.
The following bill was read the third time and placed upon its passage:
By Messrs. Brown and Still and Miss Kempton of Fulton-
House Bill No. 864. A bill to amend the charter of the City of Atlanta.
Mr. Whaley moved to amend the bill as follows:
"Amend by adding the following language to said Bill, to-wit:
"The following territory shall be and is hereby annexed to the City of Atlanta and shall hereafter form a part of the limits of Atlanta, to-wit:
Beginning on the present City limits at a point two hundred (200) feet from the center of Stokes Avenue where the present city limits makes a corner and running thence west and parallel with Stokes Avenue, eighteen hundred and eleven (1811) feet, more or less, to the east line of Land Lot 172 of the 14th District of originally Henry, now Fulton County, Georgia; thence North along said land lot line ten hundred and forty nine (1049) feet, more or less, to the property of the West View Cemetery Association; thence eastwardly along the South line of said West View Cemetery Asso<:iation property eighteen hundred and fifty-five (1855)
1196
JOURNAL OF THE SENATE,
feet, more or less, to the present city limits; thence South along the present city limits one thousand (1000) feet, more or less to the beginning point. Said property being part of what is known as Westmeath Park, located in Land Lot 149 of the 14th District of Fulton County.
Said property is hereby annexed to the limits of the City of Atlanta and shall be included therein and all the property and persons therein shall hereafter be subject to all laws governing municipalities and especially to the charter and ordinances of the City of Atlanta.
The City of Atlanta extends its protection over said property and citizens and likewise the property and citizens therein are subject to same as any other property or citizens of the City of Atlanta".
The amendment was adopted.
Mr. Whaley further moved to amend as follows:
"Amend by adding the following language to the bill as follows:
"The following described property is hereby removed from the corporate limits of the Citv of Atlanta, to-wit:
Beginning at the southeast corner of Land Lot 225 of the 17th District of Fulton County; thence west along the southern boundary of Land Lot 225, of said district, to the southwest corner of said Land Lot 225, thence north along the west line of land lots 225 and 224, of said district, to a point 200 feet north of the center of Southern Street, thence east, parallel with Southern Street, to an intersection with the right of way of the Southern Railway; thence southeasterly and easterly along said right of way to the west line of land lot 189 of said district; thence north along the west line ofland lot 89 to the South line of the right of way of the Western and Atlantic Railway; thence southeasterly along said south line of right of way to a point in land lot 112, opposite the dividing line between property of the Exposition Cotton
SATURDAY, AUGUST 24, 1929.
1197
Mills and the 0. A. Smith property, said dividing line being the rear of lots facing on Alamo Street; thence in a westerly direction along said dividing line and along the rear of said lots, to the northeasterly side of Marietta Street; thence northwesterly and westerly along the north side of Marietta Street to an intersection with the north line of land lot 190 of said district; thence west along said north line of land lot 190 to the northwest thereof; thence south along the west line of said land lot 190, to the point of beginning; excepting, however, from the above description, property situated on the north side of Marietta Street known as No. 1153 and No. 1163 according to the present house numbering of the City of Atlanta."
The amendment was adopted.
Mr. Whaley further moved to amend as follows:
Further amend by adding the following proviso to said bill:
"Provided, that the clerk of the City of Atlanta shall be Clerk of "Atlanta" under the bill approved by the Governor of the .. day of August 1929; the said clerk, however, to receive no compensation for his services from "Atlanta", as provided in said bill, until after December 31, 1930."
The amendments were adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
1198
JouRNAL oF THE SENATE,
By Messrs. Wind of Grady, Sloan of Hall and Rosser of Walker-
House Bill No. 31. A bill to amend an Act revising and amending the Game and Fish laws.
Mr. Goode called for the previous question and the call was sustained:
The committee on Game and Fish moved to amend the bill as follows:
"Amend Section 5 by inserting the words "Salt Water" between the words "commercial" and the word "Fishing" in line two thereof.
"Amend Section 5 by adding at the end thereof the following,
Provided that nothing in this Act shall be construed to repeal existing local laws as to taking catfish in Tidewater, Ga. or to prohibit the Board from permitting the taking of catfish in any manner in Tidewater, Georgia.
"Amend by adding at end of Section 8 the following "Nothing in this Act shall be construed to repeal Section 17 of the Act of 1924, (Ga. Laws 1924, page 109) but said section is hereby declared of force.
The amendments were adopted.
Mr. Smith of the 25th moved to amend the bill as follows:
"Amend by striking Section 1 of said bill in its entirety".
The amendment was adopted.
Mr. Platt of the 7th moved to amend the bill as follows:
"Amend Section 3 by striking the words and figures "$3600.00" and the words and figures "$3000.00" where same appears and substituting therefor the words and figures "$5000.00" and "$4800.00" respectively".
The amendment was adopted.
SATURDAY, AUGUST 24, 1929.
1199
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 35, nays 0.
The bill having received the requisite constitutional majority was passed as amended.
The following bill was read the third time and taken up for consideration:
By Messrs. Sloan of Hall and Griffin of Decatur-
House Bill No. 633. A bill to provide for distribution of all funds under control of Highway Board.
Mr. Hyman called for the previous question and the call was sustained.
Mr. Mathews of the 23rd moved to amend the bill as follows:
"Amend by adding the following proviso to the bill, to-wit: "Provided, that nothing in this Act shall affect the rights of any County of this State under Code Sections 820 and 828 and subsections - - and - - as found in Michies Code of 1926-, as such rights now exist".
The amendment was adopted.
Mr. Mathews moved to amend further, as follows:
"Amend by adding the following proviso to said Bill, to-wit: "Provided, that each and every Congressional District and each and every county shall receive its proportionate part of funds which have come into the hands of the Highway Department under the law as it now stands before the provisions of this Act become effective."
The amendment was adopted.
Mr. Lane of the 13th moved to amend the bill as follows:
"Amend by inserting between the words "of" and "State" in the 18th line, the word "unpaved".
1200
JOURNAL OF THE SENATE,
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was disagreed to and the bill was lost.
The following message was received from the House through Mr. Moore, the clerk thereof:
Mr. President:
The Speaker has appointed the following members of the House as a Conference Committee on the part of the House on House Bill No. 129 known as the amendment to the General Tax Act:
Mr. Culpepper of Fayette,
Mr. Davis of Mitchell,
Mr. Cone of Bulloch.
The Speaker of the House has appointed the following members of the House as a Conference Committee on the part of the House on House Bill No. 331, known as the Cigar and Cigarette Tax Bill:
Mr. Culpepper of Fayette,
Mr. Davis of Mitchell,
Mr. Cone of Bulloch.
The Speaker has appointed the following members of the House as a Conference Committee on the part of the House on House Bill No. 543, known as Corporation Tax Amendment to the General Tax Act:
Mr. Culpepper of Fayette,
Mr Davis of Mitchell,
Mr. Cone of Bulloch.
SATURDAY, AUGUST 24, 1929.
1201
The following bill was read the third time and placed upon its passage:
By Mr. Ross of Appling.-
House Bill No. 1. A bill to appropriate $100,000.00 to State Board of Health for treatment of cancer.
Mr. Williams of the 16th called for the previous question and the call was sustained.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes and nays were ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Alston, G. c.
Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Cook, Jno. M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Goode, Geo. L. Hyman,J. E. Kidd, W. J. King, E. R.
Lane, W. T. Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Peek, Chas. W. Pickering, V. C. Pitner, J. M.
Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Tyson,. Wm. S. Vandiviere, H. G. Vaughn, C. R. WhalY, W. V. Williams, E. M. Williams, Felix 0. Wright, Seaborn
Those voting in the negative were Messrs.:
Adams, Geo. W.
Paulk, R.
On the passage of the bill the ayes were 38, nays 2.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage.
1202
JouRNAL OF THE SENATE,
By Messrs. Davis, Lanham and Crawford of Floyd-
House Bill No. 222. A bill to appropriate $50.000.00 to the School for the Deaf at Cave Springs.
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:
Those voting in the affirmative were Messrs.:
Alston, G. C. Atkinson, B. A. Bird, A. J. Cook, Jno. M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Goode, Geo. L. Harris, B. F. Hyman, J.E. Kidd, W. J.
Lane, W.T. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L.
Pickering, V. 0. Pitner, J. M. Platt, Wm. H. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vaughn, C. R. Whaley, W. V. Williams, Felix 0. Wright, Seaborn
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Messrs. Perkins of Jenkins and Parker, Pilcher and Traylor of Richmond-
House Bill No. 298. A bill to appropriate money to the Training School for mental defectives.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes and nays were ordered and the vote wa5 as follows:
SATURDAY, AUGUST 24, 1929.
1203
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Bird, A. J. Cook, Jno. M. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Goode, Geo. L. Harris, B. F. Hyman, J. E.
Kidd, W. J. Lawson, H. F. Lokey, C. E. Mashburn, Marcus McElmurray, W. L. Mickle, C. M. Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. C. Pitner, J. M.
Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Zellars, B. B.
On the passage of the bill the ayes were 37, nays 0.
The bill having received the requisite constitutional majority was passed.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has agreed to the following Senate amendments Nos. 1, 2, 3, 4, and 6, and has disagreed to Senate amendment No. 5 to the following bill of the House, to-wit:
By Mr. Key of Jasper-
House Bill No. 314. A bill to provide for raistng revenue by a. tax upon the privilege of engaging in certain occupations.
The Speaker has appointed the following membe.is of the House as Conference Committee on the part of the House to SenateBill No. 112; be known as the Bus Bill:
Messrs. Peterson of Montgomery,
Sloan of Hall,
Beasley of Tattnall.
1204
JOURNAL OF THE SENATE,
The following bill was read the third time and placed upon its passage:
By Mr. Beaton of Ware-
House Bill No. 328. A bill to provide for a heating plant at the State Sanitarium at Alto.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The bill carrying an appropriation the roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Cook, Jno. M. Davis, J. S. Fletcher, J. M. Ford, P. B. Goode, Geo. L. Harris, B. F. Hyman, J. E.
Kidd, W. J. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L.
Pickering, V. C. Pitner, J. M. Platt, Wm. H. Redwine, Chas. D. Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Zellars, B. B.
On the passage of the bill the ayes were 37, nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill was read the third time and placed upon its passage:
By Mr. Wilson of Wilcox-
House Bill No. 538. A bill to appropriate $250,000.00 to renovate the Capitol.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
SATURDAY, AUGUST 24, 1929.
1205
Those voting in the affirmative were Messrs.:
Allen, Wade
Alston, G. c.
Atkinson, B. A. Bird, A. J. Cook, Jno. M. Davis, J. S. Fletcher, J. M. Ford, P. B. Goode, Geo. L. Harris, B. F. Hyman, J. E. Kidd, W. J. King, E.R. Lane, W. T.
Lankford, Geo. W. Lawson, H. F. Lokey, C. E. Mashburn, Marcus Mathews, Sam M.
McElmurray, W: L.
Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. C. Pitner, J. M.
Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Williams, Felix C. Wright, Seaborn Zellars, B. B.
On the passage of the bill the ayes were 42, nays 0.
The bill having received the requisite Constitutional majority was passed.
The following message was received from the House through J\Ir. :Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the Senate, to-wit:
By Messrs. Bird of the 49th and Williams of the 16th-
A bill to amend an Act to change the name of the Georgia Normal School at Statesboro to South Georgia Teachers College, and for other purposes.
The following bill was read the third time and placed upon its passage:
By Mr. Allen of Baldwin-
House Bill No. 3. A bill to appropriate $250,000.00 to State Sanitarium.
1206
JOURNAL OF THE SENATE,
Mr. Myrick called for the previous question and the call was sustained.
The Committee moved to amend the bill as follows:
"Amend by striking the words and figures $250,000.00" and inserting therefor the words and figures "$500,000.00," $250,000.00 to be available during the year 1930 and $250,000.00 to be available in 1931."
On the adoption of the amendment, Mr. Hyman called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting m the affirmative were Messrs.:
Adams, Geo. W. Atkinson, B. A. Davis, J. S. Fletcher, J. M. Harris, B. F. Hyman,J.E. Lane, W.T.
Lankford, Geo. W.
Mickle, o. M.
Myrick, Shelby Nichols, A. J. Peek, Ohas. W. Smith, Jno. A.
Terrell, J. Render Tyson, Wm. S. Wiiliams, Felix 0. Wright, Seaborn Zellars, B. B. Mr. President
Those voting in the negative were Messrs.:
A\len, Wade Alston, G. 0. Cook, Jno. M. Ford, P. B. Goode, Geo. L. Kidd, W. J.
King, E. R. Lawson, H. F. Lokey, 0. E. Mashburn, Marcus McElmurray, W. L. Pickering, V. 0.
Pitner, J. M. Platt, Wm. H. Redwine, Ohas. D. Sibley, J. Hart Vaughn, 0. R. Whaley, W. V.
The ayes were 19 and the nays were 18 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 the roll call was ordered and the vote was as follows:
SATURDAY, AUGUST 24, 1929.
1207
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Alston, G. C. Atkinson, B. A. Cook, Jno. M.
Davis, J. s.
Fletcher, J. M. Ford, P. B. Goode, Geo. L. Harris, B. F. Hyman, J. E.
Lane, W. T. Lankford, Geo. W. Lawson, H. F.
Lokey, c. E.
Mashburn, Marcus Mickle, C. M. Myrick, Shelby Nichols, A. J. Peek, Chas. W. Peebles, Leon L.
Pitner, J. M. Platt, Wm. H. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S.
Whale;v, w. V.
Williams, Felix 0. Wright, Seaborn Zellars, B. B.
Those voting in the negative were Messrs.:
Kidd, W. J. King, E. R.
McElmurray, W. L. Pickering, V. C.
Redwine, Chas. D. Vaughn,C.R.
On the passage of the bill the ayes were 31, nays 6.
The bill having received the requisite constitutional majority was passed as amended.
Mr. Lawson moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until 3:00 o'clock, P. M. this afternoon.
SENATE CHAMBER,
AFTERNOON SEssiON,
The Senate met pursuant to adjournment at3:00 o'clock, P.M. today and was called to order by the rresident.
The following resolution was read and unanimously adopted:
By Messrs. Tyson of the 2nd and Myrick of the 1stSenate Resolution No. 75.
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JouRNAL OF THE SENATE,
Whereas, our friend, the Presiding officer of this Senate, the Honorable W. Cecil Neill of the 24th, has presented each member of the Senate with a photograph, and
Whereas, this photograph shows the President of this Senate at his post of duty as the presiding officer of the Senate of Georgia, and
Whereas, the several members of this body in after years, in viewing this photograph, will immediately recall to mind 2nd always remember the efficient, dignified and impartial manner in which Cecil Neill has presided,
Whereas, each member of this body knows the untiring efforts with which Cecil Neill has served the people of the State of Georgia in this capacity,
Therefore, Be It Resolved, by the Senate of Georgia, that this body go on record as expressing our appreciation for this memento and expressing to Cecil Neill the appreciation of this body for the manner in which he has presided over, served and worked with the Senate of Georgia.
The following resolution was read and unanimously adopted:
By Messrs. Pitner of the 50th, Goode of the 31st and Rawls of the 8th-
Senate Resolution No. 76.
Whereas, our Secretary, Honorable Devereaux F. McClatchey has with fidelity and perfect faithfulness performed the duties of his office during this Session, and
Whereas, he has by his ability and wonderful knowledge of parliamentary procedure aided to an incalculable extent in the success of our labors, and
Whereas, his patience and good humor has at all times helped us to preserve towards each other that courtesy and kindness that is so befitting men serving their Country in high places.
SATURDAY, AucusT 24, 1929.
1209
Therefore, Be It Resolved, that the thanks of this Senate be extended to our worthy Secretary and that our best wishes go with him always.
The following bill was taken up for the purpose of insisting on the Senate's disagreement to the House amendment thereto.
By Mr. Lankford of the 1st-
Senate Bill No. 1. A bill known as the Constitutional Income Tax Act.
Mr. Lankford asked unanimous consent that the Senate insist upon its disagreement to the House amendment to the bill, and the consent was granted.
The following bill was taken up for the purpose of receding from the Senate amendment thereto:
By Mr. Mundy of Clayton-
House Bill No. 734. A bill to amend the charter of the City of Jonesboro.
Mr. Whaley of the 35th moved that the Senate recede from its amendment, and the motion prevailed.
Mr. Pitner of the 50th 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 has had under consideration the following bill of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, as amended.
House Bill No. 282.
Respectfully submitted, PITNER, Chairman.
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JOURNAL OF THE SENATE,
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bills of the House, to-wit:
By Messrs. Jones of McDuffie and West of Randolph-
House Bill No. 232. A bill to be entitled an Act to prohibit the use of steel traps in Georgia, and for other purposes.
By Mr. Martin of Liberty-
House Bill No. 829. A bill to be entitled an Act to regulate the Live Stock Industry in Liberty County, 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 reqmstte Constitutional majority the following bills and resolution of the Senate, to-wit:
By Messrs. Neill of the 24th, Fletcher of the 22nd and Whaley of the 35th-
Senate Bill No. 171. A bill to be entitled an Act to amend an Act approved August 14th, 1925, relative to regulating and licensing real estate brokers and salesmen in certain counties, and for other purposes.
By Mr. Neill of the 24th-
Senate Bill No. 180. A bill to be entitled an Act to amend the Code as relates to validation of bonds issued by
SATURDAY, AucusT 24, 1929.
1211
counties, municipalities and divisions, and for other purposes.
By Mr. Garrison of the 33rd-
Senate Bill No. 213. A bill to be entitled an Act to amend as relates to tax levies in certain counties, and for other purposes.
By Mr. Whaley of the 35th-
Senate Bill No. 263. A bill to be entitled an Act to authorize pensions to county employees and officers in certain counties, and for other purposes.
By Mr. Redwine of the 26th-
Senate Resolution No. 69. A resolution authorizing the State Librarian to furnish certain reports to the Ordinary of Fayette County, and for other purposes.
The following conference report was submitted by Mr. Zellars:
Mr. President:
Your Conference Committee on the part of the Senate, has conferred with the Conference Committee on the part of the House, relative to Senate Bill No. 112, and beg leave to submit the following report:
We recommend the bill do pass by substitute as hereto attached.
Respectfully submitted, ZELLARS of the 30th Dist. LANKFORD of the15th Dist. GooDE of the 31st Dist.
Committee on the part the Senate.
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JOURNAL OF THE SENATE,
SLOAN of Hall, Beasley of Tattnall, Peterson of Montgomery, Committee on the part of the House.
A BILL.
To be entitled An Act to regulate the business of transporting for hire persons and property by Motor Vehicles on the public highways of ths State; to define Motor Carriers and to subject them to the jurisdiction and regulatory powers of the Georgia Public Service Commission, also to the laws applicable to common carriers of goods and carriers of passengers; to prohibit the operation of vehicles by Motor Carriers unless they obtain a certificate of public necessity and convenience and to prescribe the conditions on which such certificates shall be issued and continued in force and the fees to be paid therefor; to authorize the Commission to prescribe just and reasonable rates, fares and charges of Motor Carriers and the form, filing and publication of tariffs therefor; to prohibit Motor Carriers from charging or receiving greater, less or different compensation than that prescribed; to prevent unjust discriminations; to make provision with reference to proceedings before the Commission and review of its orders; to make provisions concerning the carrying of white and colored passengers, the carrying of baggage, discontinuance of operations, to give the Commission power to require Motor Carriers to erect, use or lease depots, to fix schedules, or the number, kind or character of equipment used; to authorize Railroad Companies to operate on the public highways as Motor Carriers and to own stock in corporations organized or operating as Motor Carriers; to provide how Motor Carriers shall be taxed for ad valorem property taxes; to prescribe registration and license fees to be paid by Motor Carriers; to prohibit
SATURDAY, AuousT 24, 1929.
1213
any political sub-division of the State from imposing registration or license fees on any Motor Carrier licensed under this Act; to prescribe punishment for violations of this Act and of the orders of the Commission; to authorize the Commission to employ such persons as may be necessary for the enforcement of this Act; to provide compensation for the members of the Georgia Public Service Commission for the extra duties required by 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. This Act may be cited as "Motor Carrier Act of 1929."
Sec. 2. When used in this Act, unless expressly stated otherwise.
(a) The term "person" shall include an individual, a firm, co-partnership, corporation, company, an association or a joint stock association.
(b) The term "Commission" means the Georgia Public Service Commission.
(c) The term "Motor Carrier" means every corporation or person owning, controlling, operating or managing any motor propelled vehicle, (and the lessees, or receivers or trustees thereof, appointed by any court whatsoever) used in the business of transporting persons or property for hire over any public highway in this State and not operated exclusively within the incorporated limits of any city or town; provided that the term "Motor Carrier" as used in this Act shall not include and this Act shall not apply to:
(1) Motor vehicles engaged solely in transporting
school children and teachers;
(2) Or operated exclusively in transporting agricultural, horticultural, or dairy, or other farm products from
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JouRNAL OF THE SENATE,
the point of production to market when such motor vehicle is owned or operated by the manufacturer or producer of such products;
(3) Motor vehicles operated exclusively within the incorporated limits of cities or towns;
(4) Taxicabs, or trucks of baggage transfer companies, which are operated principally within the incorporated limits of cities or towns but which may in the prosecution of their regular business occasionally go beyond the limits of the city or town in which they operate, and which do not operate between such city or town and fixed termini outside of such city or town limits;
(5) Hotel passenger or baggage motor vehicles when used exclusively for its patrons and employees.
(d) The Term "Public Highway" means every public street, road, highway or thoroughfare of any kind in this State used by the public.
(e) The term "Certificate" means a Certificate of Public Convenience and Necessity issued under this Act.
Sec. 3. The Commission is hereby vested with power to regulate the business of any person engaged in the transportation of persons or property, either or both, for hire, by motor vehicle on any public highway in this State.
Sec. 4. (a) No motor carrier shall, after this Act goes into effect, operate without first obtaining from the Commission, after hearing under the provisions of this Act, a Certificate of Public Convenience and Necessity pursuant to findings to the effect that the public interest requires such operation. A certificate shall be granted as a matter of right when it appears to the satisfaction of the Commission that such motor carrier was actually operating on or before July 1, 1929, and continually since said date over the route for which such certificate is sought in good faith and adequately as to service, rates and the
SATURDAY, AUGUST 24, 1929.
1215
protection of the public; and as to other applicants, preference shall be given to those operating in good faith at the time of the passage of this Act, over those commencing operation after the passage of same, provided the applicant shall comply with the provisions of this Act.
(b) The Commission may issue the Certificate prayed for or issue it for the partial exercise only of the privilege sought; and may attach to the exercise of the rights granted by such terms and conditions as in its judgment the public interest may require.
(c) The Commission may at any time, after notice and an opportunity to be heard, suspend, revoke, alter or amend any certificate issued under this Act if it shall be made to appear that the holder of the certificate has wilfully violated or refused to observe any of the orders, rules or regulations prescribed by the Commission or any provision of this Act, or if, in the opinion of the Commission, the holder of such certificate was not furnishing adequate service or it is no longer compatible with the public interest to continue said certificate in force.
(d) Any such certificate may be transferred upon application to and app'roval by the Commission and not otherwise.
Sec. 5. No certificate shall be issued or continued in operation unless the holder thereof shall give bond with adequate security, for the protection in case of passenger vehicles, of the passengers and baggage carried and of the public, against injury proximately caused by the negligence of such motor carrier, its servants or agents, and in cases of vehicles transporting freight to secure the owner or person entitled to recover therefor against loss or damage to such freight for which the motor carrier may be legally liable, and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants or agents. The Commission shall approve, determine and fix the amount of such bonds,
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in a sum of not more than $10,000.00 for any one accident, casualty, or mishap, and not more than $5,000.00 for any one injured or damaged party or claimant, and shall prescribe the provisions and limitations thereof, and such bonds shall be for the benefit of and subject to suit or action thereon by any person who shall sustain actionable injury or loss protected thereby. The Commission may, in its discretion, allow the holder of such certificate to file in lieu of such bond a policy of indemnity insurance in some indemnity insurance company authorized to do business in the State of Georgia, which policy must substantially conform to all of the provisions hereof relating to bonds and must likewise be approved by the Commission. The Commission shall have power to permit self-insurance in lieu of a bond or policy of indemnity insurance, whenever, in its opinion, the financial ability of the motor carrier warrants.
Sec. 6. The Commission shall prescribe just and reasonable rates, fares and charges for transportation by motor carriers of passengers, baggage and property and for all services rendered by motor carriers in connection therewith, and the tariffs therefor shall be in such form, and shall be filed and published in such manner and on such notice as the Commission may prescribe, and shall be subject to change on such notice and in such manner as the Commission may prescribe.
Sec. 7. No motor carrier shall charge, demand, collect or receive a greater or less or different compensation for the transportation of passengers and property or for any service rendered in connection therewith than the rates, fares and charges prescribed or approved by order of the Commission; nor shall any motor carrier unjustly discriminate against any person in its rates, fares, charges or service, but the Commission may prescribe by general order to what persons motor carriers may issue passes or free transportation, and may prescribe reduced rates for special occasions.
SATURDAY, AUGUST 24, 1929.
1217
Sec. 8. No chartered motor vehicles (which shall mean and include a motor vehicle. carrying for compensation more than six persons, hired for a specific trip or trips and which is subject to the direction of the person hiring the same) may be operated except a motor carrier holding a certificate under this Act.
Sec. 9. Motor carriers may, as an incident to their business, carry mail, parcels and packages under such rules- and regulations as may be prescribed by the Commtsston.
Sec. 10. Motor carriers may confine themselves to carrying either white or colored passengers, or they may provide different motor vehicles for carrying white and colored passengers; and they may carry white and colored passengers in the same vehicle but only under such conditions of separation of the races as the Commission may prescribe.
Sec. 11. Motor carriers shall not be compelled to carry baggage of passengers, except hand baggage; the character, amount and size of which the motor carrier may limit by its rules or regulations, subject to the approval of the Commission, and the Commission may by rule or regulation limit the amount of the liability of the motor carrier therefor. If a motor carrier shall elect to carry the personal baggage of passengers (other than hand baggage), the Commission shall prescribe just and reasonable rates therefor, and such other rules and regulations with respect thereto as may be reasonable and just, and may by rule or regulation limit the amount of the liability of the motor carrier therefor.
Sec. 12. The Commission shall have the power to fix and prescribe schedules and the Commission may withhold or withdraw its certificate if, in its opinion, the service of the motor carrier is not adequate in all respects.
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JouRNAL OF THE SENATE,
Sec. 13. A motor carrier shall have the right to discontinue its whole service on any route upon 30 days' published notice and thereupon its certificate therefor shall be cancelled. A motor carrier shall have the right to discontinue any part of its service on any route upon 30 days' published notice, subject, however, to the right of the Commission to withdraw its certificate for such route, if in the opinion of the Commission such diminished service is not adequate or any longer compatible with the public interest.
Sec. 14. Railroad companies operating in this State are hereby authorized to operate motor vehicles for hire upon the public highways, provided they obtain from the Commission a certificate under this Act, and provided further that they shall be as to said motor vehicles motor carriers under this Act and subject to all the provisions of this Act; and railroad companies operating in this State are also authorized to own the whole or any part of the capital stock of a corporation organized, or operating as a motor earner.
Sec. 15. In all respects in which the Commission has power and authority under this Act, proceedings may be instituted, complaints made and filed with it, process issued, hearings held, opinions, orders and decisions made and filed and any final order may be reviewed in any court of competent jurisdiction of this State under the conditions and subject to the limitations as now prescribed by law as relates to the Georgia Public Service Commission.
Sec. 16. A fee of Thirty-Five ($35.00) Dollars shall be charged for the issue of every Certificate of Convenience and Necessity and a fee of Seven and 50/100 ($7.50) Dollars for the transfer of a certificate, which shall be paid to the Comptroller-General when the Commission has approved the application for the Certificate, of which approval the Commission shall notify the Comptroller-General and no Certificate shall issue until the said fee of $35.00 has been paid.
SATURDAY, AuGUST 24, 1929.
1219
Sec. 17. Every motor carrier shall, as soon as a certificate is issued and annually on or before each succeeding January 1st as long as such certificate remains in force, make application to the Commission for registration and license of all motor vehicles to be operated under said Certificate and upon payment of a fee of $25.00 Dollars for each vehicle to the Comptroller-General shall be entitled to register the same and receive a license therefor.
The sum or sums derived herein from the issuance and transfer of certificates of convenience and necessity by the Comptroller-General, shall be paid to the State Treasurer, who shall keep such sums thus paid to him in a separate fund to be known as the motor vehicle fund. From such funds thus derived the State Treasurer shall, upon proper warrant from the Governor, pay all the expenses and salary of every character as due and provided herein, such sum or sums as may be left after such salaries and supervisory expenses have been paid, as may remain unexpected on the first day of January each year, shall be paid to the State Highway Department for use in maintenance and repair of the highways, as in the discretion of the Highway Board may be directed.
Sec. 18. (a) Motor carriers shall keep daily records upon forms prescribed by the Commission of all motor vehicles and trailers used during the current month. On or before the tenth of the month following they shall file under oath with the Commission upon forms prescribed by the Commission summaries of their daily records which will show the capacity of their motor vehicles and trailers and the miles operated by each motor vehicle and trailer during the preceding month, together with such other information as the Commission may require. Such daily records shall be filed and preserved by the Commission for a period of at least two years.
Sec. 19. No county, municipal or other political subdivision of this State shall impose any registration, license,
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JouRNAL oF THE SENATE,
or operating fee or tax, of any kind on any motor carrier licensed under this Act, and this shall be the only license or operating tax imposed upon any motor carrier by this State.
Sec. 20. (a) Every officer, agent or employees of any corporation and every other person who violates or fails to comply with the provisions of this Act (except the provisions relating to the payment of fees or taxes) or any order, rule or regulation of the Commission, or who procures, aids or abets therein, is guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor.
(b) Every officer, agent or employee of any corporation and every other person who knowingly accepts or receives any rebate or drawback from the rates, fares or charges established or approved by the Commission for motor carriers or who procures, aids or abets therein or who uses or accepts from a motor carrier any free pass or free transportation, not authorized or permitted by law or by the orders, rules or regulations of the Commission or who procures, aids or abets therein, shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor.
Sec. 21. The Commission is hereby authorized to employ such persons as may be necessary, in the discretion of the Commission, for the proper enforcement of the provisions of this Act, the salaries for such employees to be fixed by the Commission. The traveling expenses of the Commission and its employees incurred in the performance of this Act shall be paid as similar expenses of the Commission.
Sec. 22. Each Section of this Act and each part thereof is hereby declared to be independent Sections and parts of Sections and the holding of any Section or any part of a Section to be void or ineffective for any cause shall not affect any other Section of this Act or part of a Section.
SATURDAY, AuGUST 24, 1929.
1221
Sec. 23. This Act shall be cumulative to other laws regulating the use of motor vehicles on the highways.
Sec. 24. This Act shall become operative and effective on October 1st, 1929.
Sec. 25. All laws and parts of laws which may be in conflict with this Act be and the same are hereby repealed.
The following bill was taken up for the purpose of agreeing to the Conference report on the same:
By Mr. Zellars of the 30th-
Senate Bill No. 112. A bill to regulate motor buses, and place them under the jurisdiction of the Public Service Commission.
By unanimous consent the Senate adopted the report of. the Conference Committee.
The Conference Committee of the Senate and House on House Bill No. 543 has submitted the following report:
To the President of the Senate and Speaker of the House:
Your committee of conference on House Bill No. 543, known as the Corporation Tax Act, and being amendment to the General Tax Act, submit the following report:
We recommend:
1. That the House agree to the Senate amendment to said bill with the following amendment to. said Senate amendment, to-wit:
By adding between the words in said amendment "and its total mileage" and the words "in this state," the words "including all side track,"-and by adding between the words "its total capital as its mileage" and the words
1222
JouRNAL OF THE SENATE,
"in this State as to its total mileage," the words" including all side tracks."
Respectfully submitted, LANKFORD, of the 15th, WRIGHT, of the 42nd. KING, of the 11th.
Committee on Part of Senate. DAVIs, of Mitchell, CuLPEPPER, of Fayette, CoNE, of Bulloch.
Committee on Part of House.
Mr. Lankford of the 15th, moved that the report of the committee be adopted and the motion prevailed.
The conference committee of the Senate and House on House Bill No. 331 submitted the following report:
To the President of the Senate and to the Speaker of the House:
Your Committee of Conference of the Senate and House upon House Bill No. 331, known as the Cigar and Cigarette Tax Act, begs leave to submit the following report:
We recommend:
1. That the Senate recede from its amendments Nos. 1 and 2, being all of the amendments adopted by the Senate to the above stated bill.
2. That in lieu of said amendments the Conference Committee Amendment covering said subject matters, of the Senate amendments, hereto attached and herewith submitted be adopted by both the Senate and the House
SATURDAY, AUGUST 24, 1929.
1223
of Representatives as an amendment to said House Bill No. 331 aforesaid.
Respectfully submitted,
WRIGHT, of the 42nd,
LANKFORD, of the 15th,
KING, of the 11th,
Committee on part of Senate.
CuLPEPPER, of Fayette,
CoNE of Bullcoh,
DAvis, of Mitchell.
Committee on part of House.
Conference Committee Amendment to the Senate amendment to House Bill No. 331.
Your committee recommends that said Senate amendment be amended as follows, to-wit:
Amend by striking from the Senate amendment the paragraphs or sections numbered 7(a) and lO(a), and the last four lines of the Senate amendment reading as follows: "The Commissioner of Revenue may promulgate rules and regulations governing the stamps of any articles or commodities enumerated herein handled by persons, firms, or corporations operating as interstate common carriers, or peddlers," and by substituting for said paragraphs or sections numbered 7(a) and lO(a), a section to be known as section 10 (a), in the following language, to-wit:
"Section 10 (a). Whenever any cigarettes, cigars, stogies, or cheroots shall be found in the establishment or establishments of any retailer, if such goods shall have remained therein for a greater length of time than forty-eight (48) hours after their receipt at or in the place of business of such dealer, without bearing the stamps required by the
1224
JouRNAL OF THE SENATE,
terms of this Act to be affixed thereto, as herein prescribed, the Revenue Commissioner of the State of Georgia, or his agents or deputies is hereby authorized, and it shall be his duty, to seize such goods and immediately institute condemnation proceedings under the provisions of the law prescribed for condemnation, in the premises, and if upon the hearing of such condemnation proceeding it shall appear that said goods were not stamped in accordance with the provisions of this Act, the Revenue Commissioner, or his agents or deputies, shall take possession of such goods, and advertise the same in the county where seized for thirty days next preceding the day of sale, and shall sell said goods at and before the court house door of the county where said goods were seized, to the highest bidder tor cash at such sale.
In addition to the purchase price of said goods, the successful bidder shall be required to purchase revenue stamps, and affix same to the goods so purchased, and it shall be the duty of the said Commissioner of Revenue to cover into the Treasury of the State of Georgia any and all sums of money obtained by such sales, after deducting therefrom all expenses incident to the condemnation and advertising and sale of such goods."
And by adding thereto additional sections to be numbered as follows, to-wit:
"Section 10 (b). Be it further enacted that in all cases of seizure of any cigarettes, cigars, stogies, or cheroots as being subject to forfeiture under the provisions of this Act which, in the opinion of the officer, or person making the seizure, are of the appraised value of $25.00 or more, the said officer or person shall proceed as follows:
First: He shall cause a list containing a particular description of the tobacco products hereinbefore described and so seized to be prepared in duplicate, and the appraisement thereof to be made by three sworn appraisers to be selected by said Commissioner of Revenue, or his agent,
SATURDAY, AUGUST 24, 1929.
1225
who shall be respectable and disinterested citizens of the State of Georgia, residing within the county where the seizure was made. Said list and appraisement shall be properly certified and attested by said Commissioner of Revenue, or his agent, and by said appraisers. For the services of each of said appraisers there shall be allowed the sum of $1.00 per day, not exceeding two (2) days, to be paid by the Commissioner of Revenue out of any revenue received by him from the sale, or the proceeds of the sale of the confiscated goods of the individuals, comp~nies, or corporations which may be affected by said setzure.
Second: If the said goods are believed by the officer making the seizure to be of less value than $25.00, no appraisement shall be made.
Third: Said officer or person making the seizure, or agent of the Commissioner of Revenue aforesaid, shall proceed to publish a notice, for fifteen days, in writing at the court house door in the county where the seizure was made, describing the articles and stating the time and place and cause of their seizure, and requiring any person claiming them to appear and make such claim in writing within thirty days from the date of the seizure. A copy of said notice shall be served upon the owner, or person in charge of such articles when seized, if the owner be known, within five days of the date of said seizure; the notice herein provided for shall be in the name of the Commissioner of Revenue, and may be served by any officer now authorized by law to serve civil process, or any duly authorized employee of the Department of Revenue.
Fourth: Any person claiming the said goods so seized as contraband, within the time specified by the notice, may file with the Clerk of the Superior Court of the county where the seizure is made, a claim in writing, stating his interest in the articles seized, under which said claim any lawful defense may be asserted, and may execute a bond
1226
JoURNAL OF THE SENATE,
to the Commissioner of Revenue in the penal sum equal to double the value of said goods so seized, but in no case shall said bond be less than the sum of $50.00, with surety to be approved by the Clerk of the Superior Court in the county in which the goods are seized, conditioned that in the case of condemnation of the articles so seized the obligors shall pay to the Comm~ssioner of Revenues the full value of the goods so seized, and all costs and expenses of the proceeding or proceedings to obtain said condemnation. And upon the delivery of said bond, and a copy of the list of the articles so seized as aforesaid, the Commissioner of Revenue shall transmit the same, with the duplicate list or description of the goods seized, to the Solicitor-General of the circuit in which said seizure was made, or, in his discretion, to the solicitor of the City Court of the County in which said seizure was made, if there is a City Court in such county, and the SolicitorGeneral aforesaid, or solicitor of the City Court aforesaid, shall prosecute the case to secure the forfeiture of said goods in the court having jurisdiction. Upon the filing of the bond aforesaid, the said property seized shall be delivered to the claimant pending the outcome of said case, which said claim shall be filed and disposed of as other claim cases under the laws of this State. For the services in such cases of forfeiture as herein provided, the Solicitor-General or solicitor of the City Court, as the case may be, shall receive SlO.OO in each case; provided said sum does not exceed one-half of the amount involved, and when the amount involved does not exceed S20.00, he shall receive one-half of the amount recovered.
Fifth: If no claim is interposed, and no bond given within the time specified, or if claim is made and not sustained, the said Solicitor-General or solicitor of the City Court, as the case may be, may apply to the Judge of the Superior Court, or Judge of the City Court, of the county where said property has been seized, for an order or a judgment, and for the sale of said property at public out-
SATURDAY, AUGUST 24, 1929.
1227
cry at the court house door of said county after three days advertisement by posting notice of said sale at the court house door of said county. The proceeds of said sale when received by the Commissioner of Revenue shall be turned into the State Treasury as other revenues are required by law to be turned in."
"Section 10 (c). Be it further enacted, that the Commissioner of Revenue may, in his discretion, return any goods seized under this Act, or any part thereof, when it is shown that there was no intention to violate the provisions of this Act, upon payment to the Commissioner of Revenue, or his deputy or agent, of the amount due and required by law for revenue stamps required under this Act to be placed on and upon any such property so returned.
Your Committee of Conference amends House Bill No. 331 as follows, to-wit:
By striking the words and figures "twenty-four (24)" in the sixth line of section seven of said bill, and substituting therefor the words and figures "forty-eight (48)."
and
By striking out, in the fourth line of section eight of said bill the words and figures "two (2%) per cent," and substituting therefor the words and figures "one (1 %) per cent," and by striking the period after the word "sold" in the fourth line of said section eight, and adding immediately after the word "sold," the following words, to-wit: "which said commission for the sale of said stamps shall be paid from the proceeds of the sale of said stamps" .. and by adding a period after said above mentioned last word.
Mr. Lankford of the 15th moved that the conference report be agreed to and the motion prevailed.
1228
JouRNAL oF THE SENATE,
The Conference Committee of the Senate and House on House Bill No. 129 submitted the following report:
To the President of the Senate and Speaker of the House:
Your committee of Conference on House Bill No. 129, known as the amendment to the General Tax Act, having deliberated, submit the following report:
We recommend:
1. That the Senate Amendment Number 8, be amended and adopted to read as follows:
"Whenever the State Tax Commissioner shall have reason to believe that the taxpayers in any county are not registering their businesses with the ordinary as required by law and are failing to pay their special taxes, he shall have authority upon recommendation of the governor to employ a competent person or persons, to go in said county, ascertain the facts, collect said tax, and report his finding together with the amount of money collected to the State Tax Commissioner. The compensation for his services shall be a percentum of the taxes collected by his efforts. Said commission to be fixed by the State Tax Commissioner upon removal of the governor.
2. That the Senate recede from Amendment Number 9, relating to peddlers of fish.
3. That the Senate Amendment Number 10 be stricken and the following be substituted in lieu thereof:
"Upon every firm, person or corporation engaged in the business of automobile financing, handling notes or any evidence of debt, pertaining to the purchase of automobiles and the discounts of the purchase money notes thereof, a tax of one hundred dollars ($100.00) for each place of business.
4. That the House agree to the Senate Amendment No. 12 relating to chain gasoline stations.
SATURDAY, AuGusT 24, 1929.
1229
5. That the Senate recede from its amendment Number 13 pertaining to tax on gasoline pumps and that Section 28 of said bill be amended by striking therefrom the following language: "Provided that nothing in this paragraph shall be construed as an additional tax on chain filling stations as described in paragraph 113 of this Act.
6. That the Senate agree to the twoHouseAmendments to Senate Amendment Number 15, relating to taxes on motor busses and trucks.
Respectfully submitted, LANKFORD, of the 15th District,
\VRIGHT, of the 42nd District, KING, of the 11th District, Committee on the part of the Senate.
CuLPEPPER, of Fayette,
CoNE, of Bulloch, DAvis, of Mitchell, Committee on the part of the House.
Mr. Lankford of the 15th moved that the Conference report be adopted and the motion prevailed.
Mr. Terrell of the 36th District, chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your committee on Highways has had under consideration the following Resolution of the House and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Resolution No. 155.
Respectfully submitted,
TERRELL, Chairman.
1230
JouRNAL oF THE SENATE,
The following minority report to House Resolution No. 155 was filed.
House Bill No. 155.
House Bill No. 874a.
We, the undersigned members of the Committee on Highways, do hereby file this minority report and insist that the above indicated resolution do not pass.
Respectfully submitted, ALLEN, Chairman. LANE,
DAME,
PICKERING, NICHOLS, FLETCHER.
The following bill was taken up for the purpose of insisting upon the Senate Amendments to the same:
By Mr. Key of Jasper-
House Bill No. 314. A bill known as the "Key Sales Tax Bill".
Mr. Lankford moved that the Senate insist on its amendments to the bill and that a Conference Committee be appointed by the President of the Senate to confer with a like committee on the part of the House, and the motion prevailed.
The President appointed as a committee on the part of the Senate, the following:
Senators Redwine of the 26th.
Terrell of the 36th.
Goode of the 31st.
SATURDAY, AuousT 24, 1929.
1231
The following Senate bill was taken up for the purpose of agreeing to the House Amendments thereto:
By Mr. Lankford of the 15th-
Senate Bill No. 270. A bill to create a Board of Commissioner of Roads and Revenues in and for the County of Toombs.
The House amended the bill as follows:
"By striking Section 11 of the bill and substituting therefor the following:
"Sec. 11. Be it further enacted that said Board of Commissioners shall be Superintendents of Roads in and for the County of Toombs, and each Commissioner in his said District is especially charged of looking after the roads and bridges of his said district".
The House further amended the bill as follows:
"Amend by striking Section 13 in its entirety and substituting therefor the following:
'Section 13. Be it further enacted that the Commissioner from Lyons or Second Commissioners District shall be chairman of said Board and said Commissioners shall at their regular meeting in January each year elect a vicechairman, clerk, county physician, county attorney and county warden, who shall hold office for one year only."
Mr. Lankford of the 15th moved that the Senate agree to the House amendments, and the motion prevailed.
The following bill was read the third time and placed upon its passage:
By Messrs. Kirby of Forsyth and Jones of Lumpkin-
House Bill No. 282. A bill to change the name of North Georgia Agricultural School at Dahlonega.
1232
JouRNAL oF THE SENATE,
The Committee on the University of Georgia and its branches moved to amend the bill as follows:
By adding after section 2 of the bill the following sections: 1
Section . . . Be it further enacted that the Boards of 1 Trustees for the management and control of the said Georgia ! State College be and remain the s<1me with reference to appointment, tenure of office, rights and duties as are now 1 provided by law for the North Georgia Agricultural College.
1
Section . .. Be it further enacted that all appropria1
tions, donations and properties heretofore authorized by law or heretofore made and which may be hereafter granted i to or for the North Georgia Agricultural College shall be for the use and support of Georgia State College and shall be paid to Georgia State College as is now provided by law. 1
The amendmePt was adopted.
The report of the committee, which was favorable to the passage of the bill, as <>mended, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.
The following bill was read the third time and placed upon its passage:
By Messrs. Brown of Greene and Roberts of Muscogee-
House Bill No. 498. A bill providing for the inspection of creameries by the State Veterinarian.
The report of the committee, which w~s favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite constitutional majority was passed.
SATURDAY, AUGUST 24, 1929.
1233
Mr. Myrick of the 1st asked un~nimous consent that the Senate reconsider its action in disagreeing to the report of the committee to the following bill:
By Mr. Edwards of Gilmer-
House Bill No. 261. A bill providing for the protection of game and fish.
The consent was granted.
The following bill was taken up for consideration and placed upon its passage:
By Mr. Edwards of Gilmer-
House Bill No. 261. A bill to provide for the protection of game and fish.
Mr. Myrick of the 1st moved to amend the bill as follows:
"Amend by striking Sections 2 and 3 in their entirety and numbering the repealing clause accordingly."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 26, nays 3.
The bill having received the requisite constitutional
majority was passed as amended.
At 4:55 o'clock Mr. Myrick asked unanimous consent that the Senate take a recess subject to the call of the chair and the consent was granted.
At 5:00 o'clock the President called the Senate to order.
Mr. Bird of the 49th moved that the Senate do now adjourn and the motion prevailed.
The President declared the Senate adjourned until 7:30 o'clock this evening.
1234
JouRNAL OF THE SENATE,
SENATE CHAMBER,
EvENING SESSION.
The Senate met pursuant to adjournment at 7:30 P. M. this evening and was called to order by the President.
Upon the call of the roll the following Senators answered to their names:
Adams, Geo. W. At'Ien, Wade Alston, G. C. Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Brewer, J. C. Cook, Jno. M. Dame, George M. Davis, J. S. DOTsey, J. H. Fletcher, J. M. Ford, P. B.
Garrison, :r. M.
Goode, Geo. L. Ham,T.C. Harris, B. F.
Hyman, J. E. Kidd, W. J. King, E. R. Lane, W.T. Lankford, Geo. W. Lawson, H. F.
Lokey, c. E.
Mashburn, Marcus Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby
Nichols, A. :r.
Paulk, R. Peek, Chas. W. Peebles, Leon L. Pickering, V. C.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A.
Terrell, :r. Render
Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whal~y, W. V. Williams, E. M. Williams, Felix 0. Wright, Seaborn Zellars, B. B. Mr. President
The following message was received from the House through i\1r. Moore, the Clerk thereof.
.Mr. President:
The House has agreed to the reports of the Conference Committees of the following bil~s of the House, to-wit:
By Mr. Wind of GradyHouse Bill No. 129. A bill to ame11d an Act approved
August 25th, 1927 known as the General Tax Act.
By Messrs. Cone of Bulloch and Culpepper of Fayette-House Bill No. 331. A bill to amend an Act placing a
tax on cigars and cigarettes.
SATURDAY, AUGUST 24, 1929.
1235
By Mr. Davis of Floyd and others-
House Bill No. 543. A bill to amend an Act imposing a tax upon foreign and domestic corporations.
The House insists upon its amendments and invites a conference committee to the following bill of the Senate, to-wit:
By Mr. Lankford of the 15th-
Senote Bill No. 1. A bill to amend the Constitution so as to impose a tax upon incomes.
The Speaker has appointed the following members of the House on the part of the House as a conference committee to Senate Bill No. 1:
Messrs. McWhorter of Oglethorpe, Kennedy of Lamar, Pope of Toombs.
The Speaker of the House has appointed the followmg members of the House on the part of the House as a conference committee to House Bill No. 314, known as the Sales Tax Act:
Messrs. West of Randolph, Culpepper of Fayette, Courson of Treuden.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has agreed to Senate amendments Numbers 3, 4, 9, 10, 22, 25, 26, 27, 28, 29, 36, 37, 38, 39, 40, and has disagreed to Senate amendments numbers 1, 2, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 30, 31, 32, 33, 34, 35 to the following bill of the House, to-wit:
1236
JouRNAL OF THE SENATE,
By Mr. Alexander of Chatham-
House Bill No. 362. A bill to be entitled an Act to make .
appropriations for the years 1930 and 1931, as fixed by :
previous laws.
Mr. Lankford of the 15th moved that a conference committee be appointed by the Senate to confer with a like committee on the part of the House on the following Senate Bill, to-wit:
By Mr. Lankford of the 15th-
Senate Bill No. 1. A bill providing for a constitutional income tax.
The motion prevailed, and the President appointed the following:
Senators Lankford of the 15th, Whaley of the 35th, Lawson of the 14th.
Mr. Redwine moved that the Senate insist upon its amendments to the following House Bill, and that a conference committee be appointed to confer with a like committee on the part d the House:
By :Mr. Alexander of ChathamHouse Bill No. 362. A bill to make appropriations for
the years 1930 and 1931. The motion prevailed, and the President appointed
the following: Senators Redwine of the 26th, Smith of the 25th,
King of the 11th.
SATURDAY, AUGUST 24, 1929.
1237
Mr. Platt of the 7th, Chairman of the Senate Committee on Western and Atlantic Railroad, submitted the following report:
Mr. President:
The committees of the Senate and the House of Representatives on the Western & Atlantic Railroad jointly made an inspection of the State Road, including terminals in Atlanta and Chattanooga and line of road, on Friday and Saturday, July 26th and 27th. The committees were accompanied by officials of the Nashville, Chattanooga & St. Louis Railway, lessee of the road, and by J. Houston Johnston, consulting engineer of the Public Service Commission, which under the lease Act and contract is charged with the duty of supervising the maintenance and improvement of the road to protect the interest of the State.
The committee reports that the State road is being maintained in a highly satisfactory manner, fully up to the standard of" first class railroads in the State", as required by contract. In fact, it would be difficult to find anywhere a more highly developed railroad of single track. The entire line between Atlanta and Chattanooga is laid on treated tires, with a heavy bed of crushed stone ballast. Between Atlanta and Cartersville the entire line is laid with rail weighing 110 pounds to the yard, while there are several miles of this heavy rail on the balance of the line between Cartersville and Chattanooga.
The improvement of the road continues. Major improvements during the past two years include the new tunnel at Tunnel Hill, Georgia; completion of the rearrangement of the passenger station at Chattanooga; strengthening, rebuilding of several of the major bridges; completion of eight overhead viaducts at highway grade crossings; and completion of Pryor Street and Central Avenue viaducts in Atlanta. All told the lessee spent on permanent additions and betterments, in addition to its high standard of maintenance work, the sum of $2,323,331 in the nine
.1238
JouRNAL oF THE SENATE,
years of the lease period ending December 31, 1928. Of . this amount the sum of $1,902,435.96 or an average of 211, 381 per year, is credited to the special account of additions and betterments set up under the lease, contract, which requires that an average of $60,000 per year be spent for that purpose.
The committee was especially interested in observing the new tunnel at Tunnell Hill. This structure, which cost $487,000, is 1,513 feet long, 24 feet 3 inches high and 16 feet wide, large enough to carry the largest equipment on any railroad. It was opened to traffic on December 18, 1928. The old tunnel, completed more than three quarters of a century ago, will be retained, with the thought that it may be made large enough to pass modern equipment and be made useful should the line be double tracked in the future.
The completion of the new viaducts in Atlanta has made possible some very interesting and important developments. Negotiations are under way for the erection of a very large storage warehouse, cold storage plant and office structures on the site of the old Union Station in Atlanta, between the two new viaducts. Construction has started on the new passenger station, to be erected between Forsyth and Spring Streets, at an estimated cost of $575,000, all of which is to be paid by the Nashville, Chattanooga & St. Louis Railway. In granting authority to the railroad to relocate its passenger station on the new site the Public Service Commission pointed out that the new station and all the necessary. tracks to it would be located entirely on the property of the State of Georgia, a condition which has never before obtained.
Other improvements under way include a highway viaduct and a highway underpass, in addition to the eight viaducts completed during the past two years. The approaches to the bridge over the Oostanaula River at Resaca have been rebuilt, and it is expected that the bridge
SATURDAY, AuausT 24, 1929.
1239
itself will be strengthened next year, thus completing the program of rebuilding all major bridges on the line.
On the State property in Chattanooga, which has been sub-leased by the Nashville, Chattanooga and St. Louis railroad to the Nashville and Chattanooga properties company, there has been erected a warehouse at the cost of $60,000.00, the same being occupied by the Montgomery Ward & Co. The remainder of the States property in Chattanooga, with the exception of the Hotel building located thereon, is in a bad state of deterioration, several of the buildings being unoccupied, and one side wall of one building has fallen in completely. The State property in Chattanooga is ari eyesore. It is believed by the committee that should the State's property be developed, the revenue therefrom would in a few years be a most valuable addition to the State Treasury. The Nashville and Chattanooga properties company state they are unable to sublease the property in such a way as to authorize their erection of modern business houses on the State's property, because the lease has only forty more years' to run, and to erect suitable buildings thereon would make the rentals almost prohibitive, in view of the <;hart term of the lease.
Respectfully submitted,
PLATT, Chairman.
W. & A. Committee.
At 8:27 the Senate took a recess subject to the call of the chair:
The President called the Senate to order at 9:15.
The Conference committee of the Senate and House on House Bill No. 314 (The Key Gross Income Sales Tax) submitted the following report:
Conference Report on House Bill No. 314.
1240
JouRNAL OF THE SENATE,
To the President of the Senate and the Speaker of the House::
We, your conference committee on House Bill No. 314, . known as the Gross Income Sales Tax, submit the follow-': ing report:
Your Committee has been unable to agree and ask to be discharged.
Respectfully submitted, REDWINE of the 26th District, TERRELL of the 36th District, GooDE of the 31st District,
Committee on part of the Senate. WEsT of Randolph, CuLPEPPER of Fayette, CouRsON of Treutlen.
Committee on part of the House.
Mr. Williams of the 16th moved that the Senate recede from its amendment to the bill.
Mr. Bird of the 49th called for the prev1ous question and the call was sustained.
On the motion Mr. Kidd called for the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Barrett, J. B. R. Brewer, J. C. Dame, George M. Davis, J. S.
Ham,T.C. Kidd, W. J. Lokey, C. E. Mathews, Sam M. McElmurray, W. L.
,
Nichols, A. J. Paulk, R. Peebles, Leon L. Pitner, J. M. Williams, Felix C.
SATURDAY, AUGUST 24, 1929.
1241
Those voting in the negative were Messrs.:
Allen, Wade Alston, G. C. Atkinson, B. A. Bird, A. J. Dorsey, J. H. Fletcher, J. :M. Ford,P. B. Garrison, J. :M. Goode, Geo. L. Harris, B. F. Hyman,J. E.
King, E. R. Lane, W.T. Lankford, Geo. W. Lawson, H. F. Mashburn, Marcus Mickle, C. M. MYrick, Shelby Peek, Chas. W. Pickering, V. C. Platt, Wm. H. Rawls, H. G.
Redwine, Chas. D. Sibley, J. Hart Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M. Wright, Seaborn Zellars, B. B.
The ayes were 15 and the nays were 32 and the motion was lost.
Mr. Zellars asked unanimous consent that another conference committee on the part of the Senate be named to confer with a like committee from the House and the consent was granted.
The President appointed the following:
Senators MYRICK of the 1st,
RAWLS of the 8th.
TYSON of the 2nd.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the requlSlte constitutional majority the following bills of the Senate, as amended, to-wit:
By Mr. Whaley of the 35th-
Senate Bill No. 40. A bill to be entitled an Act author izing fraternal benefit societies incorporated in another state to become incorporated in this state, and for other purposes.
1242
JOURNAL OF THE SENATE,
The
following
message
was
received
from
the
H
o
u
s
e
1 ,
through Mr. Moore, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the, following bills of the House, to-wit:
By Mr. Allen of Baldwin-
House Bill No.3. A bill to appropriate funds to the State . Sanitarium for the purpose of building and for other pur- poses.
By Mr. Edwards ot Gilmer-
House Bill No. 261. A bill to repeal Section 12 ot an Act for the protection of game and fish.
By Messrs. Kirby of Forsyth and Jones of Lumpkin-
House Bill No. 282. A bill to change the name of the North Georgia Agricultural College.
By Mr. Jackson of Bleckley-
House Bill No. 836. A bill to amend an Act creating the Middle Georgia A. & M. Junior College.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has agreed to the report of the Conference Committee to the following bill of the Senate, to-wit:
By Mr. Zellars of the 30th-
Senate Bill No. 112. A bill to regulate the manner in which motor vehicles carrying passengers and freight upon the public roads upon this state may be operated.
SATURDAY, AuGUST 24, 1929.
1243
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The Speaker of the House has appointed the following members of the House as a Conference Committee on the part of the House to be known as the General Appropriation Bill.
House Bill No. 362.
Messrs. Alexander of Chatham, Barrett of Stephens, Hightower of Upson.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the Senate as amended, to-wit:
By Mr. Goode of the 31st-
Senate Bill No. 72. A bill to amend the Code relative to compensation of court officers 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 bills of the Senate, to-wit:
By Mr. Neill of the 24th-
Senate Bill No. 143. A bill to more clearly define and specify the securities in which insurance companies may invest their funds and for other purposes.
1244
JouRNAL OF THE SENATE,
The following bill was taken up to consider the House' amendment to the same:
By Mr. Goode of the 31st-
Senate Bill No. 72. A bill to amend the code section' 6001 by striking the words" the spring term" and inserting: "at any regular term, etc."
The House amended the bill as follows:
"Amend by inserting the word "Jury" after the word , "Grand" and before the word "is" in the fifth line thereof". '.
Mr. Goode moved that the Senate agree to the amend- : ment and the motion prevailed.
The following message was received from the House ' through Mr. Moore, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendments to , the following bill of the House, to-wit:
By Mr. Wind of Grady and others-
House Bill No. 31. A bill to amend the game and fish ' laws of the state.
The House requests a conference committee on the above bill and the Speaker has appointed on the part of the House the following members of the House, to-wit:
Messrs. Colson of Glynn,
Mills of Chatham,
Gullatt of Campbell.
Mr. Tyson moved that the Senate appoint a conference committee of three on the part of the Senate to confer with the conference committee of the House on House Bill No.
SATURDAY, AuousT 24, 1929.
1245
31, known as the bill to amend and revise the game and fish laws of Georgia, and the motion prevailed.
The President appointed the following:
Senators Pitner of the 50th,
Platt of the 7th,
Mashburn of the 51st.
The Conference Committee of the Senate and House on Senate Bill No. 1 (The Lankford Constitutional Income Tax Bill) submitted the following report:
ADOPTED CONFERENCE REPORT ON SENATE BILL NO. 1.
To the President of the Senate and the Speaker of the House:
Your Committee of Conference having had under consideration Senate Bill Number 1 and the House Amendments Nos. 1 and 2, to the same, submit the following report:
We recommend:
First: That the caption to Senate Bill No. 1 be amended by inserting immediately preceding the words" and for other purposes" in the fourth line of said caption, the words" and to provide for a reduction of ad valorem taxes."
Second: That Section 1-A of said House Amendment, being House Amendment No. 1, be striken and in lieu thereof the following section be substituted, as follows, to-wit:
"Section 1-A. The ad valorem tax for state purposes on all classes of property shall not exceed four mills for the first year an income tax is collected, and shall not exceed three mills for the second year an income tax is collected, and shall not exceed two mills for any subsequent year thereafter that an income tax is collected; except that the State's
1246
JOURNAL OF THE SENATE,
right to levy ad valorem tax for the purpose of paying the, interest and principal of the present outstanding, recog-. nized valid and legal bonded indebtedness of the state shall. not be hereby abridged."
Third: The House recedes from that portion of its amendment to Senate Bill Number 1 containing the follow- . ing language embraced in House Amendment Number 2 aforesaid, said language to be stricken being as follows, to-wit:
"The State's right to levy occupation, professional, excise, license and sales taxes as heretofore exercised shall not be affected, but are hereby recognized and preserved, leaving said section 1-B to read as follows:
"Sec. 1-B. The State's right to tax persons and subjects of taxation in case of war, invasion, in.surection and to defend the State in time of war, shall remain unlimited."
Committee on part of the Senate:
LANKFORD, of the 15th.
WHALEY, of the 35th,
LAwsoN, of the 14th.
Committee on part of the House.
McWHORTER, of Oglethorpe,
KENNEDY, of Lamar,
PoPE, of Toombs,
Mr. Lankford of the 15th moved that the conference report be adopted.
The President ruled that it would take a two-thirds majority of the members elected to the Senate to adopt the report, and ordered the roll called, and the vote was as follows:
SATURDAY, AucusT 24, 1929.
1247
Those voting in the affirmative were Messrs.:
Adams, Geo. W. Allen, Wade Atkinson, B. A. Barrett, J. B. R. Bird, A. J. Davis, J. S. Dorsey, J. H. Fletcher, J. M. Ford, P. B. Garrison, J. M. Goode, Geo. L. Ham,T. C.
Hyman, J. E. King, E. R. Lane, W. T. Lankford, Geo. W. Lawson, H. F. Mathews, Sam M. McElmurray, W. L. Mickle, C. M. Myrick, Shelby Nichols, A. J. Paulk, R. Peek, Chas. W.
Pitner, J. M. Platt, Wm. H. Rawls, H. G. Redwine, Chas. D. Sibley, J. Hart Smith, Jno. A. Terrell, J. Render Tyson, Wm. S. Vandiviere, H. G. Vaughn, C. R. Whaley, W. V. Williams, E. M.
Those voting in the negative were Messrs.:
Alston, G. C. Dame, George M. Harris, B. F.
Kidd, W. J. Lokey, C. E. Mashburn, Marcus
Williams, Felix C. Wright, Seaborn Zellars, B. B.
The ayes were 36, nays 9.
The motion, having received the reqms1te two thirds constitutional majority, prevailed and the conference report was adopted.
The following bill was taken up for the purpose of considering the House amendments to the same:
By Mr. Whaley of the 35th-
Senate Bill No. 40. A bill to authorize fraternal benefit societies incorporated in another state to become incorporated in Georgia.
The Bouse adopted the following amendments to the bill:
"Amend by adding immediately at the end of Section 1 the following:
'Provided, however, that in no event shall any charter rights be granted under this Act which conflict with the general laws of Georgia applicable to such societies or organization, and wherever such conflict occurs, if any, that
1248
JouRNAL OF THE SENATE,
part of such Charter shall be considered stricken and the re-: mainder not so conflicting with such laws shall be and: constitute the charter rights granted hereunder. Nor shall: this Act in any way exempt such societies or organizations: from any taxes, licenses or fees which may be required of: them under existing laws of this State applicable to such : societies or organizations".
"Also amend by striking after the word "Society" in the sixth line of Section Four, the following words, to-wit: 'No court in this State shall have jurisdiction in any class suit, instituted by any member for himself and other similarly situated, to make any allowance of attorneys fees against such fraternal benefit society for the use and benefit of such plaintiff or his attorney", so that said Section Four, as amended, shall read as follows:
Sec. 4. Be it further enacted by the authority afore- , said that no court shall have jurisdiction to entertain any suit or suits against such fraternal benefit society, unless and until such member shall have first exhausted his remedies within the forums of the society. Provided, that any member or beneficia_ry may sue upon any certificate or contract seeking to recover any death or disability loss provided under the terms of such contract or by the laws of such society".
Mr. Whaley asked unanimous consent that the Senate concur m the House amendments and the consent was granted.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The Speaker has appointed the following members of the House on the part of the House as a Conference Committee to the following bill known as the Sales Tax Bill.
SATURDAY, AucusT 24, 1929.
1249
House Bill No. 314. Messrs. Goolsby of Monroe, Scarborough of Polk, Culpepper of Fayette.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bill of the Senate, to-wit:
By lVIr. Myrick of the 1stSenate Bill No. 240. A bill entitled an Act to incorpo-
rate into the State Aid System of Highways eighteen miles of Federal Route No. 80 and for other purposes.
:Mr. Smith of the 25th, chairman of the committee on Penitentiary, submitted the following report:
Mr. President:
Your committee on the Penitentiary visited the State Penitentiary and inspected the same, and we recommend that some more windows for ventilation and light be put in the women's building.
\Ve further find that the state farm as a whole is very poor and unproductive, and we recommend that the same be turned over to the trustees of the State Sanitarium to be used and developed for the colored patients of the State Sanitarium; and that another farm be bought somewhere in Georgia for the penitentiary that will be self sustaining.
Respectfully submitted,
S:-.nTH, Chairman.
1250
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 report of the Committee of Conference on the following bill of the Senate, to-wit:
By Mr. Lankford of the 15th-
Senate Bill No. 1. A bill to be entitled an Act to amend the Constitution so as to allow a tax on incomes, and for other purposes.
The Conference Committee (1) of the Senate and House on House Bill No. 314 (The Sales Tax Bill), submitted the following report:
To the President of the Senate and to the Speaker of the House of Representatives:
\Ve, your committee appointed for conference on House Bill No. 314 known as the Sales Tax Bill, beg leave to submit the following report:
Four members of the Committee, to-wit: the gentleman from Polk, Mr. Scarbrough, and Senators Myrick, Tyson and Rawls, are agreed that the Senate amendment should be adhered to by the Senate and accepted by the House and so recommend.
Respectfully submitted,
ScARBROUGH of Polk, Chairman.
MYRICK, of the 1st,
TYsON, of the 2nd,
RAWLES, of the 8th.
SATURDAY, AuGUST 24, 1929.
1251
Mr. Goode of the 31st asked unanimous consent that another conference committee be appointed.
Mr. Williams of the 16th moved that the Senate recede from its amendment.
The Presidenf ruled that a similar motion had already been acted upon by the Senate and that the motion to recede was therefore out of order.
Mr. Williams moved that the Senate reconsider its action in refusing to recede from its amendment to House Bill No. 314.
The President ruled that the motion should have been made immediately following the action of the Senate in refusing to recede, and that as other business had been transacted since the action of the Senate, a motion to now reconsider was not in order.
Mr. Zellars moved that a new conference committee be appointed and the motion prevailed.
The President appointed the following:
Senators Vaughn of the 34th,
Fletcher of the 22nd,
Atkinson of the 4th.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has agreed to the report of the Conference Committee on House Bill No. 31, known as the Game and Fish Bill.
The Conference Committee of the Senate and House on House Bill No. 31, (known as the Game and Fish Bill,) submitted the following report:
,,
1252
JouRNAL OF THE SENATE,
To the President of the Senate and the Speaker of the House: Mr. President and Mr. Speaker:
We, your Conference Committee on the part of the Senate and the part of the House, submit the following report.
On House Bill No. 31, known as the Game and Fish Bill:
The House agrees to recede from its disagreement to Senate Amendment No. 1.
The House recedes from its disagreement to Senate Amendments Nos. 2, 3, and 4.
The Conference Committee agrees to fix for Senate Amendment No. 5 the salary of the Game and Fish Commissioner at Five Thousand Dollars and the Tide Water Commissioner at Thirty-six Hundred dollars, per annum.
Respectfully submitted,
Committee on the part of the Senate. PITNER, of the 50th,
MAsHBURN, of the 51st,
PLATT, of the 7th,
Committee on the part of the House. MILLs, of Chatham, GuLLATT, of Campbell, CoLsoN, of Glynn.
Mr. Pitner moved that the report of the conference committee be adopted and the motion prevailed.
The Conference Committee of the Senate and House on House Bill No. 362, known as the Appropriation Bill, submitted the following report:
SATURDAY, AuGUST 24, 1929.
1253
Mr. President: Your Conference Committee on House Bill No. 362, begs
leave to submit the following report: Respectfully submitted, REDWINE, of the 26th District. KING, of the 11th District, SMITH, of the 25th District.
Committee on the part of the Senate. ALEXANDER, Chatham, BARRETT, of Stephens, HIGHTOWER, of Upson.
Committee on the part of the House.
REPORT OF CONFERENCE COMMITTEE ON HOUSE BILL NO. 362.
DIVISION A.
1. The Conference Committee recommends that the House agree to Senate Amendment 1, Section 2, Item (m) increasing the item from S3500.00 to S5000.00 for 1930 and 1931.
2. The Conference Committee recommends that the House agree to Amendment 2, Section 2, Item (o) relating to the appropriation to reimburse Bryan Count)' for money expended for tick eradication.
5. The Conference Committee recommends that the Senate recede from its position on Amendment 5, Section 6, Item (d) relati11g to the salary of the Factory Imspector.
6. The Conference Committee recommends that the Senate recede from its position on Amendment 6, Section 7, Item (a) relative to the salary of Comptroller-General.
1254
JOURNAL OF THE SENATE,
7. The Conference Committee recommends that the Senate recede from its position on Amendment 7, Section 7, Item (f) relative to the salary of the Insurance CommiSSIOner.
8. The Conference Committee recommends to amend Amendment 8, Section 7, Item (i) by striking the amendment in its entirety and substituting in lieu thereof the following: "(i) To defray the cost of oil inspection and chemical analysis thereof to be expended under the direction of the Comptroller-General, $46,800.00 for 1930 and $46,800.00 for 1931.
11. The Conference Committee recommends that the Senate recede from its position on Amendment 11, Section 14, Item (a) as relates to the Military Department.
12. The Conference Committee recommends that the Amendment 12, Section 16, Item (c) as relates to Dept. of Public Printing be stricken, and that in lieu thereof item (c) shall read as follows: "For the maintenance fund SlOOO.OO for each of the two years.
13. The Conference Committee recommends that the Senate recede from its position on Amendment 13, Section 17, Item (a) as relates to salaries of the members of the Prison Commission.
14. The Conference Committee agrees to strike Amendment 14, Section 18, Item (a) relating to the upkeep of public build)ngs and grounds and substitute in lieu thereof the following: "Item (a) for the upkeep fund of the public buildings and grounds $65,000.00 for each of the two years."
15. The Conference Committee recommends that the Senate recede from its position on Amendment 15, Section 21, I tern (a) as relates to the salary of the Secretary of State.
16. In lieu of Amendment 16, Section 22, sub-section (c) relating to the office of State Tax Commissioner, the Conference Committee agrees to strike the same and insert in
SATURDAY, AUGUST 24, 1929.
1255
lieu thereof the following: "For the support and maintenance of the enforcement and collection of the income tax provision $30,000.00 for each of the two years; provided the maintenance of the sales tax department in the office of the State Tax Commissioner shall be paid as provided in said Act.
17. The Conference Committee recommends that the Senate recede from its position on Amendment 17, Section 23, Item (a), as relates to the salary of the State Treasurer.
18. The Conference Committee recommends that the Senate recede from its position on Amendment 18, Section 23, Item (b) as relates to the salary of the Assistant Treasurer.
19. The Conference Committee recommends that the Senate recede from its position on Amendment 19, Section 2_3, Item (d) as relates to the sale1ry of the Bond CommisSIOner.
20. The Conference Committee recommends that the Senate recede from its position on Amendment 20, Section 23, Item (e) as relates to salary of assistant Commissioner.
21. The Conference Committee recommends that
Amendment 21, relating to Section 25, Item (a) as
relates to the University of Georgia, be striken in its en-
tirety, and the following substituted in lieu thereof: "(a)
For the support and maintenance of the University of
Georgia $260,000.00 for each of the two years."
23. The Conference Committee recommends that the Senate recede from its Amendment 23 in striking the second
.. ) proviso of sub-section (h) of Section 25, and the Conference Committee recommends that the following proviso be substituted therefor: "Provided further that 75% of both Federal and State Smith-Lever funds shall be used for actual pay of County Agents and Home Economic Agents and Field Work, and should more than 25% be used in administration expenses the Governor shall not be authorized to
1256
JouRNAL OF THE SENATE,
sign any warrants on the State Appropriation, and should this proviso be violated no county shall be required to match said fund.
24. The Conference Committee recommends that the House agree to Amendment 24, relating to Section 23, Item (k) for the support and maintenance of the Georgia State Teachers College at Athens.
30. The Conference Committee recommends that the Senate recede from its position on Amendment 30, Section 30, striking the salary of the Corporation Commissioner.
31. The Conference Committee recommends the adoption of Amendment for Section 30 with the following exception: "That the proviso forming the last sentence under Securities Commission reading as follows: "Provided, however, that the total amount appropriated to and to be expended by said commission shall not exceed 73% of the total sum collected by said commission", be striken.
DIVISION B.
32. The Conference Committee recommends that the Senate recede from its position on Amendment 32, Section 1, sub-section (c) relating to the salaries of the stenographers of the Supreme Court.
33. The Conference Committee recommends that the Senate recede from its position in Amendment 33, Section 2, sub-section (c) as relates to the salaries of the stenographers of the Court of Appeals.
DIVISION C.
34. The Conference Committee recommends that the House recede from its position on Amendment 34, Section 3, Item (e) as relates to expenses ofLegislative Committees.
35. The Conference Committee recommends that the Senate recede from its position on Amendment 35, adding
SATURDAY, AuGUST 24, 1929.
1257
a sub-section providing for $300.00 for Legislative Committee expenses and per diem.
The Conference Committee of the Senate and House on House Bill No. 362, the Appropriations bill, submitted the following supplemental report:
Mr. President:
Your Conference Committee on House Bill No. 362 begs leave to make the following supplemental report:
Respectfully submitted, REDWINE, of the 26th District, KING, of the 11th District, SMITH, of the 25th District,
Committee on the part of the Senate. HIGHTOWER, of Upson, ALEXANDER, of Chatham, BARRETT, of Stephens.
Committee on the part of the House.
SUPPLEMENTARY REPORT OF CONFERENCE COMMITTEE ON HOUSE BILL NO. 362.
2. The Conference Committee, in view of the fact that by legislative enactment the salary of the State Veterinarian has been raised from $2,500.00 to $4,200.00, recommends that section 2, division A, item (K) be changed from S2,500.00 to 84,200.00 for each of the two years.
Mr. Redwine moved that the report be adopted and the motion prevailed.
The following message was received from the House through Mr. Moore, the Clerk thereof:
1258
JouRNAL oF THE SENATE,
Mr. President:
The House has passed by the reqms1te constitutional majority the following bill of the Senate, to-wit:
By Mr. Lankford of the 15th-
Senate Bill No. 248. A bill entitled an Act to provide for: the protection of birds, fish, game and fur-bearing animals,' and for other purposes.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The Speaker has appointed the following members of the House as a Conference Committee on House Bill No. 314, known as the Sales Tax Bill.
Messrs. Culpepper of Fayette, West of Randolph, Walker of Ben Hill.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has adopted the report of the Conference Com- ' mittee on the following bill of the House, to-wit:
By Mr. Alexander of Chatham-
House Bill No. 362. A bill to provide for appropriations for the years 1930 and 1931.
The Conference Committee (No. 2) of the Senate and House on House Bill No. 314, (The Sales Tax Bill) submitted the following report:
SATURDAY, AuGUST 24, 1929.
1259
To the President of the Senate and the Speaker of the House:
Your Conference Committee appointed to consider House Bill No. 314, known as the Gross Income Tax Bill, submit the following report:
Your committee is unable to agree on said Amendment to said bill and request to be discharged.
Respectfully submitted, FLETCHER, of the 22nd District, ATKINSON, of the 4th District, VAUGHN, of the 34th District,
Committee on the part of the Senate.
CuLPEPPER, of Fayette, WEsT, of Randolph, WALKER of Ben Hill. Committee on the part of the House.
Mr. Goode of the 31st moved that another Conference Committee be appointed.
Mr. Williams of the 16th moved that the Senate recede from its amendment.
The President ruled that the motion of Senator Goode, being tantamount to a motion to recommit, took precedence.
The motion of Senator Goode prevailed, and the President appointed the following:
Messrs. Vandiviere of the 39th,
Platt of the 7th,
Redwine of the 26th,
1260
JouRNAL OF THE SENATE,
In pursuance to the provisions of House Bill No. 538, which appropriated $250,000.00 for repairing and renovating the Capitol building, and also provided for the appointment of a Capitol Building Repairs Commission, the President of the Senate announced the appointment of the following Senator, as a member of said Commission on the part of the Senate of Georgia, to-wit:
Honorable W. V. Whaley of the 35th District.
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The Speaker has appointed the following members of the House on the part of the House as a Conference Committee on House Bill No. 314, known as the Sales Tax Bill.
Messrs. West Randolph,
Culpepper of Fayette,
Duncan of Houston.
The following resolution was read and adopted:
By Mr. Myrick of the 1st-
Senate Resolution No. 77. A resolution extending the thanks of the Senate to the Publix Theatres Corporation for courtesies extended during the Session.
The Conference Committee (No. 4) of the Senate and House on House Bill No. 314, the Income Tax Bill, submitted the following report:
To the President of the Senate and the Speaker of the House:
We, your Conference Committee, appointed on House Bill No. 314, known as the Sales Tax Bill, beg leave to submit the following report:
SATURDAY, AUGUST 24, 1929.
1261
We are unable to agree, and ask that a new Conference Committee be appointed.
Respectfully submitted, PLATT, of the Seventh District, REDWINE, of the 26th District, VANDIVIERE, of the 39th District, Committee on the part of the Senate. CuLPEPPER, of Forsyth, DuNCAN, of Houston, WEsT, of Randolph. Committee on the part of the House.
In accordance with the request of the conferees, the President appointed the following:
Messrs. Redwine of the 26th, Goode of the 31st, Terrell of the 36th.
The Senate took a recess subject to the call of the Chair
The President called the Senate to order.
The Conference Committee of the Senate and House (No. 4) on House Bill No. 314, the Sales Tax Bill, submitted the following report:
To the President of the Senate and the Speaker of the House:
Your Committee of Conference on House Bill No. 314, known as the Gross Income Tax Bill submits the following report:
The House agrees to the Senate Amendment No.5 known as the Off-set Tax Amendment.
1262
JouRNAL oF THE SENATE,
Your committee amends said Senate Amendment No. 5 by adding thereto the following:
"Provided however that no such credit or oft-set shall be . allowed against any tax payable under the Income Tax Act
or this Act when such payment is due prior to January 1st, 1931,.
Respectfully submitted,
Committee on the part of the Senate.
REDWINE, of the 26th District,
TERRELL, of the 36th District, GooDE, of the 31st, District,
Committee on the part of the House,
WEST, of Randolph, _CuLPEPPER, of Fayette,
DuNcAN, of Houston.
Mr. Terrell of the 36th asked unanimous consent that the conference report be adopted, and the consent was granted, and the conference report was therefore adopted.
The Senate took a recess subject to the call of the Chair.
The President called the Senate to order after a ten minutes recess.
The following resolution of the Senate was read and adopted.
By Mr. Mathews of the 23rd-
Senate Resolution No. 78. A resolution instructing the Secretary of the Senate to inform the House that the Senate has transacted the business of the session and now stands ready to adjourn sine die.
SATURDAY, AucusT 24, 1929.
1263
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bill of the House, to-wit:
The House has adopted the following resolution of the House, to-wit:
By Mr. West of Randolph-
House Resolution No. 168. A resolution that a Committee of three from the House to be appointed by the Speaker and two from the Senate to be appointed by the President to notify His Excellency, the Governor, that the General Assembly of Georgia has completed its business and is now ready to adjourn sine die.
The Speaker has appointed as a Committee on the part of the House:
Messrs: Powell of Emanuel, Weekes of DeKalb, and Mardre of Thomas.
The following resolution of the House was read and adopted.
By Mr. West of Randolph-
House Resolution No. . . . A resolution providing for a committee of three from the House and two from the Senate to wait upon His Excellency, the Governor, and inform him that the General Assembly has completed its business and now stands ready to adjourn sine die.
The President appointed as a committee on the part of the Senate, the following:
Senators Mathews of the 23rd,
Peebles of the 18th.
1264
JouRNAL OF THE SENATE,
The committee of the Senate and House appointed to wait upon His Excellency, the Governor, submitted the following Report:
Mr. President:
The Joint committee of the Senate and House appointed to wait upon His Excellency, the Governor, and inform him that the General Assembly has transacted the business of the Session and now stands ready to adjourn sine die, have performed that duty, and beg leave to report that His Excellency, the Governor, states that he has no further communication to transmit to the General Assembly.
Respectfully,
MATHEWs of the 23rd.
PEEBLEs of the 18th,
On the part of the Senate,
PowELL of Emanuel,
WEEKES of DeKalb,
MARDRE of Tho' mas,
On the part of the House.
The following resolution was read and adopted:
By Mr. Myrick of the 1st-
Senate Resolution No. 79. Be it resolved by the Senate, the House of Representatives concurring, that the General Assembly do now adjourn sine die.
The Senate took a recess subject to the call of the chair.
After 5 minutes recess the President called the Senate to order.
SATURDAY, AUGUST 24, 1929.
1265
The following message was received from the House through Mr. Moore, the Clerk thereof:
Mr. President:
The House has concurred the following Resolution of tile Senate, to-wit:
By Mr. Myrick of the 1st-
Senate Resolution No. 79. Be it resolved by the Senate, the House concurring that the General Assembly do now adjourn sine die.
The President announced that the Senate now stands adjourned sine die.
INDEX
TO
SENATE JOURNAL
REGULAR SESSION
INDEX
1269
PART I.
SENATE BILLS.
A ACCOUNTANTS-
10-Board of Examiners-RepeaL ___________________ _
22,322,341
ADDRESSESGov. Hardman InauguraL __________________________ _
Gov. Hardman to General Assembly _________________ _
114 147,282
ADVERTISING-
85-Regulate Outdoor__ ______________________________ _
170
AGRICULTURAL COLLEGES AND SCHOOLS68-Abolish_____________________________________ 134 ,179, 727,939,978
185-Southeast District School-Colored__.___________ 358,548,955
ARCIDVES AND IDSTORY20-Establish Dept._________________________________ _ 24,272,337
ATLANTIC OCEAN-GULF OF MEXICO CANAL246-Create Commission ____________________________ 565 ,591,644,1188
ATTORNEYS-AT-LAW66-Regulate Practice________________________________ _
133,323
90-Compensation of LawYers appointed by Judges __ _ 171,178,264
AVIATION AND AIRCRAFT242-Corporations right of Eminent Domain__________ 564,589,742
B
BANKS AND TRUST COMPANIES7-Savannah Branch Banks _______________________ _
107-Regulate Banking______________________________ _ 221-Regulate Banking______________________________ _
259-Establish Branch Banks-Atlanta ______________ _
21,203 177 457
639. 680.777
BARBERS-
137-Regulate----------------------------------------
219
1270
INDEX
BLACK, EDMUND Jr.11-Legjtinlattze_____________________________________ _ 22,178,192
BONDS, COUNTY AND CITY180-Validation ot_____ _____ ______ ____ ____ _____ ____ ___ 341,456,537
BUCKET SHOPS100-Prohibit_______________________________________ l76,229,265,287
BUREAU OF MARKETS158-Director's Salary___________________________ 268,342,366,552,628
BURIAL BENEFITS153-Business Authorized________ -------------------- 267,320,561
BUSSES-(See Motor Vehicles)-
c
CHARTERS AND CORPORATIONS, MUNICIPAL-
4-~bee___________________________________________
21,295
21-Darien------------------------------------------51-Treasurers' Monthly Statement_________________ SO-Assessing Street Tax____________________________
81-0fficial's Term of Office_________________________ 133-Voting Machines __________________________ -----149-Talbotton_______________________________,_______
24,229,245 110,296,349
169
169,296,581 218,296
254,296,376
!59-Municipalities collect Occupation Taxes_________
290
183-Hahira__________________________________________ 357,408,442
190-Darien____ ______________ ________ ____ _____ ________ 358,406,442
191-Darien___________________________________________ 358,406,442 192-Rome___________________________________________ 387,406,443,602
195--Valdosta________________________________________ 387,460,475
196-Valdosta-Electric Plant Funds________ ---------215-Manner of bringing suit against_________________ 231-Manchester______________________________________
243-Atlanta-Pensions______________ ---------------- _ 252-Austell__________________________________________ 254-Douglas_________________________________________ 267--<JantoiL_________________________________________ 276-Thomasville_____________________________________ 281-Vidalia__________________________________________
387,460,475 398,752
491,539,620
564,678,721 610,638,680 610,679,721 712,749,819 842,860,899 881,918,937
285-Atlanta-Maddox Park ___ ---------------------- 956,1021,1029 286-Atlanta-Park Property---------- _____ -------- ___ 957,1021,1029
INDEX
1271
CHILDREN AND INFANTS93-Abandonment___ __ ______ ___ ____ __ ___________ ____ 172,296,553
cmROPODY228-Authorize practice_________________________ _473, 617,710,740,889
CODE AMENDMENTS-
12-Insurance Companies_______ -------------------__ 22,203,538
16-Fannin Co. Fence Laws__________________________
23
30-No parole for murderers_________________________
26,323
37-Insurance Co's. License_________________________
36,281
72-County Officers-Compensation_______________165,173,184,1244
74-0rdinaries Clerks_______________ -------- ________165,173,184,556
77-Lieutenant-Govemor______________________ ------
166
105-Commissioners Salaries__________________________
177,187
109-State Board of Entomology______________________
187,257
115-Statute of Frauds_____ ------------------------__ 188,257,533
127-Bail Trover Actions______________________________
217,324
136-Bank Stock-Sale and Transfer_________________
219
148-Ailey-State Depository__________________________ 242,393,441
167-"Two Judges concur"---------------------------
291,366
201-Repeal Sec. 3413-Homestead____________________
388,584
216-Section 6048-Tax Executions__________________ 399 ,494,538,1157
218-Railroad property returned______________________
435,571
226-Section 2586-Purchasers of Railroad____________ 473,642,726
264-Section 5858-Corporation officers testify____ ____ 712, 815, 955
275-Section 1074-Insane Convicts___________________
811,984
COMMERCE AND LABOR284-Salary of Commissioner_________________________ _
926,1028
COMMISSIONER OF REVENUE, STATE173-Abolish office oL ______________________________ _
317,373
COMMISSIONERS OF ROADS AND REVENUES53-Walton County_____ ------- _______ ------------ __ _ 64-Murray County_________________________________ _ 65-Murray County_________________________________ _
102-Cherokee County_____________ --------------- ___ _ 106-Cherokee County, Clerk's salary________________ _ 126-Coffee county_____________________ -------------162-Clinch County _________________________________ _
163-Clinch County ______________ --------------------
133-Adopt Voting Machines _____ --------------------178-Appoint County Police _________________________ _
130,166,184 133,182 133,182
177,186,204 177,187,205 217,243,259 291 ,408,441
291,450 218,296,582
340,406
1272
INDEX
219-Clinch County__________________________________
435
236-Telfair County__________________________________ 544,570,591
257-Fulton County, Compensation._________________ 639,800,818
269-Burke County________ ------------ _______ ------__ 750,845,861
270-Toombs County_________ ------------------______ 793,845,861 271-Toombs County _____________________________ .793 ,845,861,1231
272-Toombs County-Roads.. _______________________ 793,845,862
CO~TTEES, CONFERENCE-
On House Bill No.129________________________________
1189
On House Bill No. 33L ------------------------------- 1194,1222
On House Bill No. 543------------------------------- 1194,1221
On Senate Bill No. 112------------------------------- 1195,1211 On House Bill No. 314_______ 1230,1239,1241,1250, 1259,1259,1260,1261
on Senate Bill No.!__________________________________ 1236,1245 on House Bill No. 362. _______________________ . _______ 1236,1252 On House Bill No. 3L ______ . ___________ . __ ____ ____ ___ 1245,1252
COMMITTEES, SPECIALEscort President.... _____ . _______________ . ___________ _ Escort Secretary_____________________________________ _
Escort Pres. Pro-tem.. ________ -----------------------Nominate Chaplain... _____________________ ----------Notify Clovernor _____________________________________ _
Inaugural Committee. ____ . __ ... _. ___ . __ . __ . __ ._. __ . __ EscortClovernor_____________________________________ _
On Capitol Commission__________ . ________ -----------_ Notify Clovernor... ______ . _____________ --------------.
11
12 13 15 17,18 28,39 29,131 1260 1263,1264
COMMITTEES, STANDINClPresident assigned. ____________________________ .135 to 147 inclusive
COMMUNICATIONS-
Secretary of State ___________________________________ _
3
Dr. and Mrs. Cleorge Brown__________________________ _
333
State Highway Board________________ . ________ --------
433
LaWYers Club ______________________ ------- ___________ _
684
From Senators Paulk, Dorsey and Lawson___________ _
915
CO-OPERATIVE MARKETINCl161-To Amend Act_________________ -----------------_ 290,440,667
CONSENT, AClE OF-
187-To Define.. _____________________ ---------_______
358
INDEX
1273
CONSTITUTIONAL AMENDMENTS-
1-Income Tax.... ___________ ..20,494,632,1091,1129,1209,1245,1246
23--Creating New State Depts._______________________
24
31-Lessen number of Jury__________________________
26
45-Additional LevY of 5 Mills. __ --------------------
38
49-Judges of Higher Courts-Pensions_____________ 110,405,517
55-Bonds-Roads and Schools______________________
128
59-County Agricultural Agents ________ ------------- 129,182,253 70-Po11Tax________________________________ 134,182,261,518,539,636
75-Judges of Supreme Court-Salaries ________ .. 165 ,405,1020,1085 77-Lieutenant Governor. _________________________ .166,405, 740,791
78-Highway Certificates of Indebtedness .. _________
169
82-Poll taxes .... ____________________________________
170
97-Washington County-Loans__________ ----------120-Net Incomes ... __________________________________
176,207 196
124-Classification Tax ________________________ .197,494, 880,908,1013
S. R. 25-Meeting General Assembly________________ .217, 616,687,788
131-Members Gen. Assembly-Compensation._______ 218,617,791
132-Gen. Assembly-Meeting._______________________
218,617
!52-Educational Institutions-Co-operation. _____ .. 267,588, 687,692
164-Passage of local bills.... _______ ----------________
291
170-Selection of Judges______________________________
292
199-Exempt furniture and fixtures___________________
388,584
200-Homestead and Exemption______________________
388,584
208-PollTaxes_______________________________________ 397,617,668
233-Elementary Education___ . _________________ ._____
491,617
238-Aid Counties in roads and bridges ______________ 563,617,687,689
244-Glynn County zoning laws.--------------------- 564,617,768
251-Merging of Counties_____________________________
609
245-Gl;vnn County-Sanitation__________________ ...565, 618,657,848
265-Manufacturers of paper_________________________ 712,815,1034 279-Municipalities' funds for advertising____________ 856,918,1040 288-Fulton County-Pensions.. ___ --------- _________ 993,1028,1074
CONTAINERS-BOTTLES, SIPHONS, ETC.-
184-Registrationof_________________________________ _
357
COTTON AND COTTON STATISTICS-(See Bucket Shops)150-Regulate Statistics ____________ ------------------ 254,320,488
COUNTIES AND COUNTY MATTERS69-Authority to levy taxes ___ ___________________ .. 136, 323,561,665
84-Road Tax________________ -----------_____________
170
95-0fficial County Organ-Fayette County ________ 175,186,205,520
99-0rdinary's Compensation________________________
176,187
1274
INDEX
147-County Warrants-Interest_____________________ _
197-Sumter County-From fees to salary____________ _ 202-Selecting Official Organ________________________ _
213-Certain Counties-Tax Lev:v not over 5 mills ____ _ 239-Compulsor:v to pay costs ________________________ _ 245-Glrnn County-Fire prevention____________ "___ _ 247-Toombs County-Road duty____________________ _ 263-Fulton County-Pensions______________________ _
242,342 387,642,680 388,589,620 398,440,495
563,642 565,618,848 585,618,644 672,712,714
COUNTY TREASURERS AND DEPOSITORIES103-Cherokee County_________ -----------____________ 177,187,204
COURTS-CHILDREN OR JUVENILE-
54-Act creating___ ---------- _______________________ _
111
COU9R4T-SW, aCsIhTiYngAtoNnD___C__O__U_N__T__Y__-______________________ _
112018--DSluVballinn_s_b_o_r_o__-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_--_ 181-Fort Gaines ____________________________________ _ 198--Darien__________________________________________ _ 256-Clinch County _________________________________ _ 273-Thomasville ____________________________________ _ 274-Wrightsville ____________________ --------- _______ _
175,229,258 197,230,247 178,229,247 341,366,427 388,408,443 639,752,818 810,860,899 810,935,968
COURTS, JUSTICE AND MUNICIPAL27-:Muscogee County--Abolish______________________ 25 ,172,231,431
COURTS, SUPERIOR19-Judges expenses________________________________ _ 29--Judges expenses ________________________________ _
67--Reporters' Compensation_______________________ _ 98-Fannin County _________________________________ _ lOS-Dublin _________________________________________ _
206-Accept pleas of guilty___________________________ _ 207-Accusation in misdemeanors ____________________ _
24,181,232 25
133,393,661 176,229,246
178 397,456.732 397,456,739
COURTS, SUPREME AND OF APPEALS-130--Secretaries' salaries _______________________218,324 ,450, 940,1013
168-Criminal Cases-Reversed_______________ ------__
292,366
CRIMES, MISDEMEANORS AND FELONIES-71-Bureau of Criminal Identification______________ _
134,214
88-Delay in felony appeals _________________________ _ 171,178,323
89-Defendant-open and close in cases ____________ _ 171,178,323
90--Compensation of Court appointed attorneys _____ _ 171,178,264
INDEX
1275
D
DEEDS, DECREES,MORTGAGES,ETC.48-Powers of sale__________________________________ _
liS-Powers of sale. _____ ------- _____________________ _
38,467 196,323
DENTISTRY173-Regulate practice of. _____________________ ..316,366,537,562,580
DRY CLEANING, LAUNDRIES. ETC.-
197-Regulate----------------------------------------
197
E
ELECTIONS AND ELECTION LAWS35-Gen. Assembly-Primaries _____ .. ______ . __ .______
36-Walton County-Primaries __________ -----------__ 76-National Parties-Nominations__________________ 165-Clinch County Nominations_____________________
36
36,296,537 165,366,606 291,408,442
ELECTRIC STORAGE BATTERIES-
225-Regulate distribution oL ______________________ _
473
ELECTROCUTION123-Amend Act______________________________________ 197,257,504
EMIGRANT214-Definition of. ____________ .. __________________ ._.
398,860
ENTOMOLOGIST, STATE-
155-Election and Salary---_. ________ .. __ .. __ . ___ .. __ 268,320,395
210-Salary of._______________________________________
397
EVlDENCE138-Writings and Records admissible___________ 219,405,536,538,552
Executive Sessions __ 174,214,261,277,314,338,385,385,386,471,486,788
EXPERIMENT STATIONS43-Coastal Plains Region. ___ . ____________ -- _____ --
37,320
F
FACTORY INSPECTORS166-Amend Law of.__________________________________ 291,883,976
1276
INDEX
FENCE LAWS-{See Elections)-
FERTILIZERS-
169-Regulate sale of__________________________________
292
FRATERNAL BENEFIT SOCIETIES40-Incorporate______________________________________ 37,264 ,278,1247
G
GAME AND FISH22-Revise Laws. _____ ------ ____________________ __ _
33-Fresh Water Streams-Closed Seasons__________ _ 34-Fresh Water Streams-License__________________ _ 50--Fresh Water Fishing_ ___________________________ _ 60--Amend Laws___________________________________ _ 61-Perntit Seining_________________________________ _
235-Perntit Seining_____ ------- _____________________ _
248-Toombs County-Protect game and fish ________ _ 258-Perntit Seining-Walton Co. ____________________ _ 255-Protect Game and Fish_______________ _
24,860,941 35,671 35
110,186,870 129 130
520,570 585,618,645 639,752,819 638,967,998
GAS COMPANIES144-Eminent Domain._______________________________ 241,272,487
H
HEALTH LAWS-
18-Revise__________________________________________ _
23
HOG CHOLERA SERUM151-Free Distribution_______________________________ 266,320, 534,874
I
ICE BUSINESS86--Regulate_________________________________________ 170,179,1097
INSANE PERSONS, IDIOTS, ETC.17-0rdinaries appoint guardians ___________________ _ 23,132,503
INSURANCE AND INSURANCE LAWS-(See Code Amendments)143-Funds invested__________________________________ 241,320,488
INDEX
1277
INVITATIONS-
Governor's Mansion-Flag-raising___________________ _
18
LRieopn.sCC. lHu.bG__u__l_la__t_t-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_
31
185
j
JOINT SESSIONS-
Canvassing Vote_____________________________________ _
30
Inauguration, Governor's----------------------------
112
Governor's Address________________________________ ---
146
JUDGES224-Discretion on trial judges.----------------------- 473,548,885
JUDICIAL CIRCUITS44-Griffin Circuit__________________________________37,229,246,886
JURIES AND JURY COMMISSIONERS62-Jury prescribe verdict_________________ ----------
no-Exemption from dutY---------------------------111-Qualifications of Jurors________________________ _
130,203,263 188,229 188,229
L
LABOR AND LABOR STATISTICS91-Laborers lien on contractors____________________ _
171,323
LAND AND LAND TITLES52-Aiding Land Titles ___________ ---------- ____ ll0,203,355, 432,904
LAW AND LAWYERS96--Ga. Dept.of____________________________________ l76,296,555,688
LIVE STOCK203-Better Cattle_
396,474,557
LIQUOR AND LIQUOR LAWS268-Transportation of intoxicants___________________ 733,750,797
LOAN42B-RUeSgIuNlaEteS_S_-_____________________________________ _
37
1278
INDEX
MATERIAL MEN AND OTHERS230--l?rotect__________________________________________ 490,1028,1061
Messages from Govemor_____ A0,108,114,261,277,281,282,385,385,386,
471,788 Messages to Governor__________________________ ____ __
214,337
Messages,IIouse-16, 16, 18, 28, 30, 38,111,130,191,200,222,248,278,
300, 304, 324, 328, 349, 350, 374, 374, 389, 390, 409,
a,w.~~~~w.~~~~~.~.~.~~
~&~.~.~.w.w,D.~.~.~.~.
651, 670, 676, 677, 715, 716, 770, 771, 814, 870, 871,
872,872,894,896,926,927,927,927,957,960,960,961,
980,993,994,1025,1037,1038,1039,1039,1041,1041,
1043, 1055, 1063, 1065, 1067, 1074, 1077, 1078, 1078,
1114, 1114, 1131' 1132, 1132, 1171, 1172, 1186, 1187'
1192, 1200, 1203, 1205, 1210, 1210, 1234, 1235, 1241,
1242, 1242, 21~. 1~. 1243, 1244, 1248, 1249, 1250,
1251, 1258, 1258, 1258, 1260, 1263, 1265
MILITARY AFFAIRS9--Re~rganizeforces _______________________________ 22,344,431,629
188--Re~latingForces_______________________________ 189--0rgan~gForces_______________________________
358,408,682 358,408,682
MILK217-Regulate Sale of l?owdered_______________________ 435,475,741
MOTOR VEIDCLES-
38-Dealers make report __ ----------- ________ ------__ 36,190,233
87-Liability Bond___________________________________
171,641
92-Tires and tubes dated___________________________ 171,393,661
112-l?assengers and Freight for hire______ 188,272,505,1153,1158,1195
1212,1221 116-Non-residents secure tags__________ -- _______ - __ -117-SafetY. devices on highways _____________________ _
196 196,526
129--Tags-License----------------------------------- 218,570,741
134-Sheriffs issue tags______________________________ _
218
174-Amend Motor Vehicle Law-Non-compliance____ _ 317,440,536
28(}-Ltcense Drivers of ______________________________ _
881,935
N
NURSERYMEN-
260--Lien upon real estate for work__________________ _
672
INDEX
1279
0 OLEOMARGERINE-
289-Imitation Butters_______________________________ _
998,1096
OKEFENOKEE SWAMP241-U. S. Govt. acquire Iands ______________________564,591,621,886
ORGPAreNsiIdZeAntT_I_O__N__-______________________________________ _
11
PSreecsr. eptraoi-Yte-r-n-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- _- -_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- -_
12 18
M JJoeosrskeenepgeerr__-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_
14 15
CClhearkpsla__i_n_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-
15 19
p
PEACH ANJJ APPLE INJJUSTRY262-Repeal Law of grading__________________________ _
672,746
PEN2S8IO-HNoSw-paid_______________________________________ _ 25,257,839
PERSONAL PRIVILEGE-
Senator Myrick______________________________________ _
235
Senator Williams of the 27th_________________________ _
239
Pres. NeilL __________________________________________ _
240
Senator Smith of the 25th___________________________ _
880
PHARMACY160-Establish Board of___ ------------------__________ 290,494,702
PHYSICIANS-
179-Evidence in civil cases__________________________ _
340
PRACTICE ANJJ .PROCEJJURE25-Incrirninalcases ________________________________25,323,608,631
46-Witnesses civil cases_____________________________ 38,191,284
114-Granting new trials______________________________ 188,230,542
119-Cornplicated cases_______________________________
196,324
PRISON COMMISSION-
105-Cornmissioners' salaries_______ ---------- ________ 187,257,551,627
122-State Farm Employees___________________________
197,257
1280
INDEX
PBOliiBITlON-(See Liquor and Liquor Laws)-
PUBL7I9C--ELsmtaBblAisBh_I_E_B__-__________________________________l69,191,264,34B
PUBLIC PRINTING205-Superintendent of____ ------- ______ ------------223-State Printing Cmmnission. ___ __________ ____ _
396,527 458,1021
PUBLIC PBOPEBTY866-Insurance on buildings, etc. of State_____________ 712,752,1!!91
PUBLIC SERVICE OOMMISSIONSS-Appea.l from decision __ ------- ____________ -------
11!!2-Speclal Commission-Public Utilities _____ -------
110,451 3li7 ,494
PUBLIC WELli'ARE, BOARD OF193--AbOlish.. ------- _,._ --------- _----- ____ ----- __ Bl!l7. 527'776
R
RAILROADS-STEAM AND ELECTRIC-(See COde Amendments)5-Damages to person and propercy________________21,171!!,20!1,1113
6-Street Railroads-Lease or selL----------------- 21,203,233 8--Speclal officers______________________ ----- _______22 ,272,356,499
172-RailroadDirectors_______________________________ 316,440,593
175-Regulate Freight and Passenger Tariffs---------
317,966
222-Grade crossings-Separate Railroads____________ 457,671,743
237-T:ime granted purchasers------------------------
545,966
261-Blowposts______________________________________ 672,746,808
REAL ESTATE-
140---0wners bond for lieu____________________________
240
171-Regulate brokers. _____ ---------- __ --- ____ 292 ,3Ui, 321,481!!,503
RELIEF OF BONDS, ETO.S. B. 20-J. K. BelL.____________________________ ~---S. R. 52-!Iaile, Williams and lla.nsen________________ _
S. R. liD-Stalworth and Bledsoe-On W. A. Dinkins S. B. 57-J'. Q. Wilson-for Albert Jackson. _________ _ S. R. 18-J'. Q. Wilson for Mack English _____________ _
184' 221!!,1!50 565,616,6411
590,571 610,641,817 610,641,817
REPORTB-STANDING OOMMITTEE8J\grieULlture _________________________________ !93,817,438,474,1!!18,1094 Appropriations __________________________180,891,1025,1104,1138,1177
INDEX
1281
Banks and Banking_________________________ 199,270,391,674, 752,858 Commerce and Labor______________ ._._ .. ___ 190, 198,255,526,882,1027
Constitutional Amendments____ 180,400,492,587 ,615,616,640,674, 714, 811,966,983,1027,1133,1154
Corporations __ .220,220,243, 319,360,404,458,474,611,612,639,673,812, 844,933,965,1021,1060,1105,1109
Counties and County Matters ___179,199,271 ,242,363,391,400,401 ,493, 568,586,672,713,751,796,842,843,882, 996,1053,1060,1108,1177
Education____________ . _. ____ ____ .181,294, 794,795,931,933,995,1093 F1nance________________ 189,318,437,438,569,613,674,738,814,982,1026
ForestrY----------------------------------------------
179,588
< J a m e a n d F i s h ____________ 569,615,751,794,813,857,965,996,1094,1133
<Jenera! Judiciary No. !_ _______200,256,364,403,404,487,546,585,699,
856,917,1095,1107
<Jenera! Judiciary No. 2________189,221,271,292,294,343,390,439,493,
523,547,640,812,893,1052,1108
<Jeorgia School for DeaL-----------------------------
858
IIighvvays _____________ 199,493,523,587,613,675,983,1060,1134,1154,1229
Hygiene and Sanitation_._-------- ________________ _491 ,613,892,1096
Insur8Jlce____________________________________________ 269,318,402
Internallmprovements_______________________________
270
Manufactures________________________________________
934,934
Military Affairs________ ------------- _______ ------- __342,459,917 ,1107
Municipal <Jovernment_222,255,269,293,359,399,439,459,492,523,614,
673,699,713,793,795,842,857,893,917,932,984,
1026,1061
Penitentia:cy____ __ ________ __ _____ __________ ____ ___ ____
255
Pensions_--------- __ ---------- __________ -------------
256
Privileges and Elections._---------- ____________ 294,364,586,982, 1053
Public Library________________________________________ Public Printing_____________________________ -------___
361,844 524
Public Property________________________ .525, 713,750,800,932,995,1095 Itailroads____________________________________ 198,271,437,699,746,964
Itules ___________ 450,469,486,498,532,550,578,592,624,655,684,726,776,
823,869,901,939,972,1011,1032,1076,1128
Special Judiciary___189,219,318,343,361,362,402,403,437,458,459,502,
545,546,588,611,641,738,745,746,812,843,857,930,
933,965,982,1061,1109,1109
State of Republic______ ------ ---~----166,295,365,524,525,614,676,931
State Sanitarium..______ ------------------------------
984
~emperance__________________________________________
795
~uberculosis Sanitarium at Alto____________________ _
Uniform Lavvs _____________________ . _____________ ____ _
362
University of Cia. and Branches _______401,401,545,612,935,1170,1209
Western and Atlantic Itailroad________________________
1237
1282
INDEX
ROA2D09S-,BPelpleBaL.lIACIlt-e(rSneae.tSiwtaRteo:aHdigLhaww_a_y_s_)_-______________ _
s
SABBATH DAY156-Rest one day___ ----------- _____________________ _
358' ~26' 848
SCHOOLS AND SCHOOL LAWS13-Blue Ridge-Board of Education..________________ 23,173,1~
14-Blue Ridge-School District______ --------------- 13,174,1sS
15-Blue Ridge-Public Bntem._____ ---------------- 23,1'74,1~
115576--CToexutraBeooonkBs-iRrdesgau.lnadteAunsime.a.l_s__________-_-_-_-_-_-_-__-_-_-_-_-_-_--_ 229-Fiw 'l'rustea-SC!hool Diltricts_________________ _
2~ 268
490,'7961
253--Blue~-------------------------------------- 810,'796,817,
283~0(Hfr8CihoolLaws........ 91&,986,1019'
287-Fulton CountJ!---Boa.rd of Education___________ _
956,996!
S. R. 73-Re-COdif School Laws _____________________ _ 1090,11301
SECURITIES COM:MISSION141-Act creating_____________________________ --- ____ 240, 739,873,9031 473,548,727, 227-~ocreate________________________________________
SOLICI~ORS-GENERAL-
277-Southern Judicial CircUit.______________________ B41.1Hi0,899 ,
S~A~E DEPAR~-
145-R~------------------------------------- 241,548,571 ,
S~An HOUSE OlTICIALB-113-FtxSalaxiel..... ----------------- 188,439,1082 1
S~An HIGHWAYS2-State Highway Fund. ______________________20,457 ,809,825,909 1
3-Highwa'Y Mileage_____ :------- ___ 21,172,231,277 ,314,315,686, 777 I
26-State Dept. comply with Acts of Congress_______ 25,678,744
58-State Aid mtowns.----------------------------- 129,617 !
139-County Asaes&ments for State-Aid Roads211M11'7,666,889
73--Amend BtateHi&h:wa.y Laws_____________________
169
211--Reor~~-------------------------------- 198,456,923
117-Sa:fety Deviclelat Rivera_________________________
196,526
240-Incorporate 18 mi. Fed. Rt. No. 80 in sYStem...... 564,189,6M
S~An TREASURY-
24-All revenues to 10 mto______________ ------------ 25,1'72,184,212 ,
39-Ail monep to go into___________________ ---------
36
INDEX
T
TAXES AND TAX LAWS128-lndustry and Agriculture-Gasoline Refund ___ _ 135-Inheritance Tax-Non-Residents _______________ _ 142-General Tax Act________________________________ _ 129-Amend General Tax Act ________________________ _
1283
217,452 219 241 670
TAX COLLECTORS AND RECEIVERS-
83-Compensation-School tax _____________________ _
170
TAX COMMISSIONERS41-Wilkes County__________________________________ _ 37,181,192 104-Cherokee County_______________________________ _ 177,187,204
u
UNIVERSITY OF GA. AND ITS BRANCHES2C4-Teachers' College-Statesboro__________________ _
232-College of Agricultural and Mechanical Arts ____ _ 249-South Georgia Junior College-Change name____ 25Q-Branch at Monroe ______________________________ _
278-Branch College-Agricultural and Mech. Arts. __ _
396,548,643 491,617,644 585,618,701 585,618,888
856,935
v
VETERINARIAN, STATE154-Board of Examiners______________________________
168,320,731
w
WATER RESOURCES2 2 Q - S a n i t a r y p r o t e c t i o n _____________________________ 457,680,892,973
WESTERN AND ATLANTIC RAILROAD177-Create Commission_____________________________ _
548-Create W. &A. Commission_____________________ _
340,382 981
WORKMEN'S COMPENSATION32-Amend Act______________________________________ 35,641,742
47-Amend Act______________________________________ 38,191,246 56-Define Employee____________________________ 129,203,253,383,807
57-Liability of PrincipaL _________________________ 129,257 ,434,468 101-Amend Section 30_ _____ ____ _________ ___ ____ ___ __ 176,203,265
14Q-Amend Act______________________________________
241
194-RepeaL___ ____ ___ __ ______________ ___ __ ________ ___
387
212-Amend Act______________________________________
398
1284
IN:CEX
PART II.
SENATE RESOLUTIONS.
!-Notify House.... ___________________ -----------------
15
2-Notify Governor.. ________________________ -------___
15
3-Joint Session-Canvas Votes_______________________
17
4-Senator C. E. Cannon______________________________
17
5-Rules adopted.. ____________________________________
26
6-Inaugural Committee___________________ -------_____ 7-Highway Board Information.. ______________________
8-Military Dept. Refund... ___________________________
26 27, Ill
27
9-World War Veterans Record_________________________ 10-Money from Secretary of War________________________ 11-Riot Duty Funds___________________________________
27,344,383 27,343,498
27
12-Judge Albany Circuit-Court Reports______________ 28,173,205 13-Waterways and Flood Commission.--------- ________ 28, 112,182,853
14-Educational Commission.-------------------------- 35,181,192
15-Fourth July________________ ----------______________
109
16-Rules-Executive Session___________________________
127,451
17-National Educational Association___________________
127
IS-Governors' Escort._________________________________
128
19-Gettysburg Monument.____________________________ 128,132,167
18-Joint Session._____________________________________
131
21-Sam. W. SmalL____________________________________
164
22-Educational Institutions-Information____________ _
164,166
24-Sound Teacher Rgtirement Law ___________________ _ 26-C. E. Cannon-Oath.... ___________________________ _
28-Senators Myrick and Willhms of 27th. _____________ _ Motor Vehicle Transportation______________________ _
198,297,337 231 240 242
29-Brown Thrasher-Official Bird. ___________________ _ 259,365,427
3D-Ga. Sesqui-centennial Commission_______ . __ ----- .269,297,339,349
Mark Etl1eridge___ _______________________ _____ ___ ___
287
31-William W. Brewton____________________ -------______ B. F. Mann________________________________________ _ P. B. Rich_______________________________________ ._.
32-Texas Legislature __________________________________ _ 33-Atty. GeneraL. ____________________ .. ___ ... ------ .. 34-Senator Redwine. _________________________________ _ 35-Highway Dept. _______________________________ ... __ .
John Murrah... ______ .. _____________________ .... __ _ 36-National Editorial Association. __________ . __ .. _____ _ 37-Co-operative Agricultural Work________ . _______ .. __ . 38-L. J. Steele ________________________________________ _
39-S. B. 15D-Special Order ___________________________ _
40-Joseph D. Rhodes and Mrs. Louana Rhodes _______ _
289
313
333
338 338 338 338 342 348 359,405,497 392 393 399,526,551
INDEX
1285
41-H. B. lQ--Special Order.............. --------------
399
W. C. Hays-Millard Reese-S. C. Townsend.______ _
405
A. W. Cozart____________________ --------------- ____ _ W. B. Sloan________________________________________ _
42-Rev. J. G. W. Watkins-Death_____________________ _ 43-Rules Committee fix calendar______________________ _ 44-Meet at 9 o'clock___________________________________ _
45-0glethorpe Monument Commission________________ _ Ralph Newton______________ ------ __________ ----_--Mrs. Frank A. Dennie. ____________________________ _
A. S. J. Stovall and Z. B. Rogers __________________ _
441 468 468 469,470
471 473,526,576
475 487 490
C. M. Mathews-J. H. Jones-Frank M. Scarlett___ _
499
46-Return H. B. 113. _________________________________ _
505
47-H. A. Mathews-W. I. Haley________________________ _
505
48-Banking Dept.-Information_-------------- _______ _ R. P. Burson ________________________________ --- ___ _
49-Friday adjournment_______________________________ _ Mrs. B. B. Zellars__________________________________ _
47-0ct.12, 1929 Legal Holiday. ________________________ _ Withdrawing leaves of absence... __________________ _
520,561 542 542 545
505,547 552
GeDoo. rMse.yS_c__h_e_a_r_,_M__r_s_._T__y_s_o_n__,_M__r_s_._V__a_n_d_i_v_i_e_r_e_,__M__rs_._ _
W. H. Harris______________________ . _. _____ - .. ------ 53-Pension the Aged.... _______ . ______________________ _
555 563 565,616
Johannes Schmidt-Mrs. J. A. Smith _____________ _
579
54-Willard Davis-Portrait. ___________________________ _
579
Mrs. A. J. Nichols, McKibben Lane________________ _ 55-Mcintosh County-Law Books____________________ __
Lee Langley _______________________________________ _ 56-Hon. Waiter P. Andrews ___________________________ _
580 585,616,643
605 609
Mrs. Betty R. Cobb-F. C. Robinson ______________ _
620
Mrs. J. c. Brewer-Jos. B. Cummings-Wallace Miller
W. 1\1. Wright-J. F. Lambert ______________________ _
630,631 637
59-Call for Appropriation Bill from House ____________ _
642,649
G. C. Spurling-S. Foster Memory_________________ _ 6Q--Control of Cancer ___________________ . _____________ _
J. C. Wansley-H. C. Morgan ______________________ _ Mrs. J. Render TerrelL .. ___ . _____________________ _ 62-Afternoon Session _________________________________ _ James Dennison______ . __________________________ ---
642,643 660,892,918
683,684 686 725 725
63-Flag cases for storing flags _________________________ _ Robert Augustus Alston ___________________________ _
733,938 767
65-Information from Governor _________ ---------------Miss Lois Collins-William Sapp__________________ __
66-Code Commission_____________ . ______________ ------_
67-Calender crowded.. _________________________ ---_---
806 855,902 892,954
907
1286
INDEX
58-Information from Superintendent of Schools_______
954
69-Fayette County Law Books_________________________ 957,1021,1028
S. H. Willingham-Harry Garrison. ____ . __ .. _. __ . __
978
7D--Limit Speeches-------------------------------------
1010
Hon. Fred H. Davis, Mrs. Davis and Mrs. Casseleau__
1012
71-Department of Audits______________________________
1020
72-Joel Chandler Harris ____ . _____ . __________________ ..
1054
Peter W. Meldrim-G. Noble Jones__________________
1091
74-S. I. SharP-----------------------------------------
1110
75-Pres. NeilL _____ . ________________________ ._________
1208
76-Sec'y. McClatchey__________________________________
1208
77-Publix Theatres Corporation_______________________
1260
78-Inform House _______________ ----------------------79-Sine Die______________ ----------------------________
1262 1264
PARTID.
HOUSE BILLS.
A
AGRICULTURAL AND MECHANICAL SCHOOLS836-Middle Ga. A. & M. SchooL ___________________ 1071,1113,1189
APPROPRIATIONS-
H. R. 74-Legal status 1928-1929 Appropriations______
698,1152
362-General Appropriations 929,968,1058,1091,1104,1106,1135,1174,
1252' 1253' 1257 H. B. No. 1-For Treatment of Cancer ________________ 1068,1112,1201
3-Georgia State Sanitarium_______________________1068,1112,1205
222-School for Deaf. __ : ____________________________ .1068,1112,1202
298-Training School for Mental Defectives___________ 1069,1112,1202 328-Sanitarium at Alto ____ . ____ . _______________ . ____ 1069, 1113,1204
538-Renovate State CapitoL ________________________ .1070,1113,1204
554-Hog Cholera Serum____________________________ . 1074,1113
ARMISTICE DAY15-Public Holiday ___________________________ . ____ .__ 305,367,939
B
BANKS AND BANKING14-Savannah-Branch Banks__ ---------------------
BUSINESS24-Assumed name unlawfuL__ ---------------------
209,243,273 329,367,82
INDEX
1287
c
CHARTERS AND CORPORATIONS, MUNICIPAL31-Attapulgus_____________________________________ _ 84-Macon__________________________________________ _ 141-Atlanta________________________________________ _ 170--VVaresboro ______________________________________ _ 171-VVaycross _______________________________________ _ 192-Cordele_________________________________________ _ 211-<lriffin_________________________________________ _
215371--0Acthhloecnksn--e-e--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 193-Augusta Fire Dept. _____________________________ _
119964---AAuugguussttaa _-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 207-Hazlehurst_____________________________________ _
129155---0AakuPguasrkta_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 240--Colquitt________________________________________ _ 241-Col quitt________________________________________ _ 242-Colquitt________________________________________ _ 76-Marietta-Bonds _______________________________ _ 281-Elberton_______________________________________ _ 324-Columbus______________________________________ _
45-Thomaston-------------------------------------46-East Thomaston________________________________ _ 47-Silvertown_____________________________________ _ 48--Thomaston_____________________________________ _ !51-Hawkinsville ___________________________________ _
163-Calhoun_____ "--- ________ ------------------ ____ _ 177-Hawkinsville___________________________________ _ 178-Hawkinsville___________________________________ _ 179-VVashington ____________________________________ _ lSI-Toomsboro_____________________________________ _ 189-Manassas_______________________________________ _
323022-- LMuot~hteerzsuvmmae _-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- ---- -- -- -- ---345--Calhoun_______________________________________ _ 346-VVaco ___________________________________________ _ 351-Tallapoosa_____________________________________ _
337687--TAhuogmuasstavi-l-le-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_ 386-Atlanta________________________________________ _ 430959---CDhailplalse_y__________________________________-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-____ 407-Dacula_________________________________________ _
209,244,259 210,230,248 210,230,335 210,244,273 211,244,274 211,244,274 211,258,275 212,258,276 226,258,273 226,258,274 226,273,299
226
226,244,275 226,258,275 227,244,260 227,245,276 228,245,277 228,245,346 251,297,335 252,298,336 253,298,336 306,367,413 306,367,413 306,368,413 306,368,414
307' 321 '344
308,321,3~5
308,321,346 308,321,346 309. 370. 444 309,370,680 309,370,417 309,370,417 310,370,419 310,321,346 311,321,346
311, 371 '420 311' 371' 421 311 '321, 346 311 '372 '421 312,372,421 312,322,347 312,324,379
1281
412-Lakelant:L --------- _____________________ -----
414-~arr.vtOinl.......................................
427--1Vhigllaxn________________________________________
191-~l:lOmaluue_____________________________________
109--<Joxner___________________________________________
112--~llOIOasville_____________________________________
312,372,422: 812,322,380, 312,372,423. 312,322,347 . 354,369,415 354,370,418
276-Bru.n.swick-Airport.... ---- _----------------461-~ennille-Water <Joxnmission ------------- ______
446698-W--ayWc~roosss_s______..____._~_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_448893----ldSayclovlal_r_d_~_L__-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-
300---lNewnall_________________________________________
330021--l-N-6lNWlel3Wll.l.l.l.t.l_l.._._._._.._._._._._._.._._._._._.._._._._._.._._._._._._.._._._._._.._._._.
534--lttngslalld_______________________________________ 60--<Jarrolltoll... _____ . ____________ -----------------113-()artersville______________________________________
114-<Jartersville...................................... 146-<Jartersville... _---. ____ . ___ . ________ . _______ . __ .. 470--VVapeross________________________________________
503--ll~ortltt...... -----------------------------------
806--CX~tl-----------------------------------------
535-<Joligmr BeacJtt_________________ ----- ____ -------- _
552--~Y~----------------------------------------245-ftutle~----------------------------------------
562--lLellox___________________________________________
354,370,418 ' 854,373,424
335544,,337733,,442244
355,337535,,444216 394,461,478 339944,,440077,,444455 395,462,480 447,460,476 447,460,477 448,461,477 448,461,478 449,462,479
449,462,480 449,462,480 450,462,481
450,462,552 446667,,457257,,459459
606-Fairbum.-Olose streets -----------------------610--Fairburn.--------------------------------------488--ldaCOll........................................... 565-Itltllger__________________________________________
573-ldonticello_____ --------- ____________ -------- ____ _ 595--VVayeross________________________________________
485,527,850 485,527,550 572,618,645 572,679,722
572,618,645 572,618,646
612--VVaycross ---------------------------------------
573,619
613-lraldosta. -------------------------------------- 573,679,723 663124----l1do7narlodeo._st_a_.__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- 557733,,661799,,674263 638--()oluunbus... _______________________________ 574,619,646
645-Social <Jircle___ ----- _____________ .. ____ ____ ______ 574,619,646
655-0oltunUbus_______________________________________ 578,619,647
667--lBuford.. ~--------------------------------------- 575,715,754
668--B~d-----------------------------------------695-lLurnp1dJl________________________________________
575,619,654785
654-()oluunbnls....................571,619,647,886
708-Itocklnart.. ------------------------------------- 602,619,648 709--<JedartDWll ------------------------------------- 603,620,648
INDEX
6259~7e--sJvLilll!LPel_lt_a_-_-_-_-_-_-_- -_-_-_-_-_-_-_- _- -_-_-_-_-_-_-_- -_-_-_-_-_-_-_-_- -_-_-_-_-_-_-
6667Q9----D-Berllttuonns_w_1_Q__k__-_-_-_-_-__-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_669912-- -- -'~ Ee da isr oy ll________________________________________________________,____________________________
665533,,779070,,872202
665544,,779070,,872212 654,769514,,779214
670978----DJLelx~t-e-r----------------------------------------------------------------------------------
655,679,724 655,798,822
726--Coliuas__________________________________________ 655,701,725
727--Eatonton________________________________________ 655,968,1021
657--~enndlle_______________ ------------------------- 696,747,754 71&--J4acoll........................................... 697,747,756 81D--Cornelia.._______________________________________ 738,891,985
685-Callege Park------------------------------------ 784,845,885 773856----F~oovreejsat yP_a_ r-k-.-.--__-_-_-_--. -__--_-__-_--_-__--_-_-_-_-_-_-_-_-__--_-_-_-_-_-_-_-_-_-_ 773355,,884466,,886644
738--Savannah... ___ ------- ___________ ------------...
758--JlthLllta.......................................... 759--Jefferaan________________________________________ 772--Altlallta . . . . . . . . . . . . . . . . . ________________ 799--VVatldalsville_____________________________________ 700--Ciaxton__________________________________________
735,846,990
786,846,868 736,816,865 736,846,991 787,846,868 774,846,868
780--~tltOil........................................... 775,847,866
788--ALiina____________________________________________
775,847
807--!IOllntainOitF................................... 776,847,868 777781---l-ltlliaailptaev._i_l_l_e_._._._._._._._.._._._._._._._._.._._._._._._._.._._._._._._._._.._._._._._. 788867,,884962,,896357
813--,aldosta_________________________________________ 821--Colbert__________________________________________ 822--Cairo____________________________________________ 816--llontrose________________________________________ 825--CravvfordvULe....... ______________________
887,891,931 887,986,971 888,986,971 897,967,1000 897,936,971
sao---Barnesville--Registration.......... ___ . _______ .898,936,967,1001 881--Barnesville--Additional pmvers...... ___ ------ _ 898,987,991 BBB--lBBl11esviDe...................................... 899,987,992 887--}{acoll___________________________________________ 980,985,1002
697--ROCkLed4ie.------------------ 968,1022,1029 828--StoM J4otuntain.. --------------------- . ______ 963,1022,1030 839--lBtUllSwiCk..................................... 968,1028,1080 841--~omasvil~e- _____ . _______ . ___ ~----- --------- ____ 964,1028,1030
848--CllambEee................... 964,1028,1031
845--lJoravil1El............ 964,1023,1031 847~011------------------------------------------- 998,1028,1073 88559~-E-laJsetcaPtuari_n_t_.__.___.___.___.___.___._____._-_-_-__-_-______.___._._._.11008490,,11006622,,11111166
86o---Au.gusta---Civi1 Servic.a. _-------- ___ ------ 1056,1062,1116
..
1290
INDEX
BB1~alEelBlldL......10&6,1082,1117 8113-AtiBllt_a_-_l_'a_r_k__F_r__o_~__-_-_-__-_-________-_-_-_-_-_-_-_-_-_-_.______11005&77,1,100966a,,1l1l91&7
864--~tlanta
BB&--I>eoatur _________________________________________ 10&7,1063,1118
6&D--~tlanta.1071,1118,1178 8B6791---FSmpasrytath.____._______.__________._____________________11007721,,11111111,,1111'77B9 8?8--J>earson_________________________________________ 1072,1111,1179
CODE A.MEND:llctENTS44--Insurance OompBllies-License.. __ .. ___ ____ ____ 353,406,595
414-Tax Collectors. ------------------------...
381
373-Wa.lker Oountl"-officia.l Organ.................. 497,527,549
629-~thens, Ga.-~lderman, etc..____________________ 734,816,862
712-~mend Code-Huddleston, etc.__________________
316-I>epositories--tl~ttCou.ntr.................
730--JE>ea.rsCUl--I>epository_____________________________
734,816,863
778,860,900 774,8110,900
4!17-Execu.tion I>ockets-Fulton County------------- 897,1054,1071
SS'T-llall County Road Ta.x-------------------------- 898,937,971
140--BBllk Stock Transfer. ___ 1068,1110,1194
COMMISSIONERS OF ROAI>S ~REVENUES77--tlordon Count------- _______ -------------------168-Walton County------------------------------- 227--Walton County_ .. _.. 228-Murray CountJ__________________________ ------ __
229--Mu.rrayCoullt...
49--Upson County--------------------------------233--Mi.ller County_ ----------------- ____ ------- _____ _ 284-Mi.ller Count ______________ -------. ___ ------- __
235--Miller County ____ -----------------------------22143!2-M-Fiullletor nCCouonutnyty-B--o-a-r-d--o-f-E--d-u-c--a-t-io--n-.--_-_-__-_-_-_-_-_-_-_--_ 82-Qolu.mbia Count. _______ __________ --- ____
89-JE>each County________ ------------------------
296--Spald.ing County__ -----------------------------304-Whitfield Count . __________ ------------------305-Whitfield Cou11tr 348--EvBlls County_____ , ______ ___ ------- -----481-~tkinson County________ ------- _______ --- ___ ---
482-Atkinson Count.--------------------------~---
484--ScrevenCou.nt .... 63--carrall County____ ---- . ___ ---- ------
99-Appling Count--------------------------------467-WareOou.nt.....
452--Stephens Count -----------------------------
210,230,260 210,398,418 211,393,468 211,230,247 111,230,248 225,244,259 227,244,260
227.244' 276 227,2411
228,245,429 228,298,335 330,868,418 330,3!111,415 331,370,418 331,371,419 331,371,419
331,371 354,420,425 355,420,42!1 333,373,4!6 380,4011,444 380,406,444 881 ,407,446 46!1,495,528
INDEX
1291
5415-Dodge Oount3'___ ---- -- --- _-- -------- _ 4&1,41Jii,51i18
558456--CLeaemOdoeunnCt:oru. n-t-;-r-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_--. -__-_----------------.._ 467, 71i8,S4l6il7l
5BS-Camden Count:r ---~-------- ------ ---------
467
561-0hll.rlton Oount:r--------------------------564-Early Count:r_______________________ --- _----
-__---.4-84,540884,,559700,,6m2>2
611-Cli.:nelh Oount:r -------------------------------400-Bibb Count:r---N"ame Depositories.-------------551-Fulton County-Waterworks -----------------S16-Lo1n1des Oount:r.------------------------------652--lle&DdCounty___________________________________
621706---t-lPcuolnasekeiOCoouunnt;try -_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-
48B, 7lli, 758 572,679,721 572,589,622 578,590,618
574
569764,,755889,,861111
720---Te!tair County______ ---------------------------_ 754-Dooly Oount:r___ ------- ________ ----------- --- __ 751i--r.h!te0ounty___________________________________
767-Lumpkin County_------------------------------
768-Lumpkin Oounty_ -----------------------------781-Fors:vthCounty_________________________________ 784-Bryan County________ --------___________________
697,753,822 698,714,757 735,798,822
736
786 736,847,866 737,883,900
82234---lJlLatrkailnssooncOoouunitty__-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- 879877,9,83670,1,90010
826--Richmond County,_----------------------------- 898,937,971
142-Lamar Count:r----------- ------ ---------------- _ 964,997,1031
848-Bibb County----------------------------------.
998,1054
857-Colquitt County__________ --------- ___ ------ ___ .1039,1063,1073
817--Twiggs0ount:r..1057,1064,1118
874--Quitman Oounty-------- _--------------- ____ .1070,1112,1180
CONSTITUTIONAL AliENDMENTS76-Stephens County Bonds ------------------ 807,611,668 115-Richmond County J"udge's Salary~-------------- 548,649,706 55D--Fulton County Sewerage ________________________ 601,1059,1155 577-Eiberton-Bonded Indebtedness __ _______ _. _. 654,714 ,801 275-Gl:rnn County Sallitation__ ___ __ ____ ____ ___ ___ _ 627,752,848
819--Pierce Oounty--------------- ----------------- 897.985,1008 834--Lakeland Bonds-------------------------------- 930,967,1006 310--Cornelia_________________________________________ 788,891,985 769-FultonOouncy-Pensions....1071,1135,1180 795-VVestPoint--l3onds. ____________________________1071,1135,1182
COUNTIES AND COUNTY MA.TTERB101-Fulton County Fiscal Year______________________ 839--Clerk's office expenses-Bibb County___________
487--JBibbCounty--Pensions......................... 605-Fulton County and Campbell County Merger____
210,230 331,371,420
355,378,426 543,590,622
1292
INDEX
1123-Riohmond Oounty-Voting Machines____________ 578,590,623 , 75-Stepbens County-:S:ospitBJ Bonds______________ 307,611,8 '
275-G!Nnn County Sanitation Distriots.............. 627,752,848 884-Fulton County-Pensions_________ -------------_ 654,7'01,'723
'721-Fulton County-zoning Laws___________________ 784,846,868
696-FJ.oyd County-Oostanaula River________________ 696,747,715 881-Lamar County-Advisory Board_________________ 898,982,1001
829-Liberty County-Live Stock_____________________ 898,981,1001
199-Emanuel County-Auditors.-------------------- 929,981,999
761-Floyd County-Surveyor ----------------------- 968,1012,1DW
770-Fulton County-Pensions_______________________
997,1054
818---Molntosh County-Dogs_ ----------------------- 998,1028,1072 844-Tattnall County-Commutation Tax... ---------- 998,1054,1078 806---Towns County-Fence Lines. --------------___ 1056,1062 87'0-Fors;vth County-Road Laws _________________ ..1072 ,1111,1179
COUNTY SITES1D-Arlington to Morgan---------------------------- 329,342,596
COUNTY TREASURERS AND DEPOSITORIEB139-Cobb County____________ -----------------------432-Richmond County_----------------------------19-Colquitt Count ---------------.:-------------23o-EarlyOounty____________________________________
307,369,416 332,372,423 380,406,443 461i,589,621
684-Brantley County ------------------------------- 574,714, '754 802~ayetteCounty_ -------------------------------- 737,1173,1178
COURTS, CITY AND COUNTY-
51-JeSUP------------------------------------------- 306,368,414
93-Monroe__________________________________________
307
11
05
34
--
SMwaacionns_b_o__r_o_._.._._-_-_-_-_-_-_-__________-_-_-_-_-_-_-_-_-_-_-_-_-
------- ___
~---------
308,3306'97,,3719188
286---Miller County___________________________________ 310,344,528
237-Milier Count.---------------------------------238-Miller County___________________________________ 279-Albany. __________ ---- ___ ___ ____ ____ ___ ___ ____ ___
82-0arrollton. ____________________ -----------------
119--VVaycross........................................ 172--VVaycross________________________________________ 419-Summerville.. ________________________________ . _
416--0a.iro____________________________________________
310,344,530 310,344,581 310,407,445
330,368,414
330,369,416 330,369,417 332,372,422
332,372,426
438416----IV>oVuogoladsb_i_n_e____~_-_-_-_-_-_-_-_-_-_-_-_-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_---
3118 381,407,446
483-S;vlvania. _____________ ----------- ___ ----------- 355,441,464
lli5-llibb0ountr--Reporters________________________ 448,461,477
156-Bibb Count;v-Reportem________________________ 448,461,478
858'701---FMaiirlbleurrnO_o__u_n_t_Y_-_~__-_-~_-_-_-_~_-_-_-_-_-_~_-_-_-_-_--_-__--_-_-_-_-_-_-_-_-_-_-_581--Fairburn_________________________ ~--------------
594--Eilalally__________________________________________
448865,,557408,,85'9726 485,570,598
485,149,171
619--liexbl~---------------------------------------
639--Brantley OountY------------------- ------- ___ ___ 668--Eittford__________________________________________ 55B-SaV1Uinah_______________________________________ 687--lraldOsta________________________________________ 699--Soperton________________________________________ 618-J'ttdges exchange________________________________
573,590,623 514,590,722 515,590,624 653,747,753 697,747,755 697,747,755 734,816,975
734--J'onesboro......... ~----------------------~---735,936,969,1809 788070----JEEiIa~ChCeUarlO--o-un-t-y-._-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_~_-_-_-_-__- 773775,,881477,,886668
789--Eiacon County___________________________________ 115,847,867 797-Eialdw:in Oounty__________________________ ------ _ 775,847,861
798--lloran__________________________________________ 776,847,868
883152---T-h(oJmoalsuVxilnleb_u__s_._._._._.._._._._._._.._._._._._._.._._._._._._._.._._._._._._.._._._._. 930,986877,,11002012 ~~tsville _____________________________________ 930,967,1002
862--0ounty of Lanier.. ___ ---------- ___ ---------- ....1056,1063,1ll'i'
868--l?utnam Oo. Oounty Court ---------------------
1057
849-Eiibb County-Specia.lEiailiffs... ______________ ..107l,llll,ll78
COURTS, .TUSTIOE AND MUNICil'AL85--Eiibb CountS'-Abolilh-.... ------- ___ ----------86--::Macon--Establish. -----------------------------'1~'4A0t--lMaunsctoag-eeDCeKoaulntby_C__o_u__n__ty.._-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_--_ 779--Macon... _______________________________________ _
786--Sa~h---------------------------------------
251,872,299 252,272,299 252,460,4'1'6 697.739.757 736,816,883 737,816,866
COURTS, J'UVENILE OR CBILDREN449--Flayd Count:v__ . ___________________ . ______ ____ __ 449,46!,521
COURTS, SUl?EBIOR480--0hattaoa County-a terms....____ .._._. _______ _
15S2D1 ---TWr oalutopnCCoottunntyt_y_-__- ------ -- -_-_-_-_-__-_-_-_-_-___-___-_._._._---- --- - -- -416-Eiibb Oottnty--Eiailiffs.. _------ .. ____ --~--- __ 511-Beminole Oounty-.-1 tern:m ----------- ------584.--:S:ottston County--3 terms............... 68&-Eiarrow County-4 terms-----------------------782-Atldnson County____________ . __ ----- ____ -------742--Babtln Oountv...... _------ ... ------- .......
383,378,421
394,407,538
394,407. 446 448,461,478
484,548,576 485,149,577 696,747,755 774,936,969 774,846,884
1294
INDEX
D
DEEDS, MOBTGAGES, ET0.28-:MII.lmer of reaordins--------------------------- 829,36'7 ,1011
E
ELECTIONS AND ELEOTION LAWS165-Walton Oount;y-Members General Assembly_____ 30S,869,46B 723-Meriwether OountJ'-Members General Assembly 627,701,750 792-Bacon County_______ ------- _____________ -------- 775.985.999 743-Ba.bun OountJ'-Electit>ns______ ---------- ______ _ 968,9'18,1054
EliiGBANT440--Defi~---------------------------------------- 774,883,975
FERTILIZERB199-Regulate Sale of________________ ----------------- 733,816,1129
FENOE LAW806-Towns Oounw-Line Fence__ -------------------
1056,1062
FIBST PBESBYTERIAN OB.mtOH116--AugustaO~er................................ 226,258,275
G
GAME AND FISB.-
112~ur-bearinganitnal;_____________________________
104-Etna.nuel Oount:v--Fishing_____ ------- __ ------- __ 10&-Emanuel Oount:v--Gatne Officers ______________
225,369,416 252 252
83-Jefferson Oount:v--Fishing______________________ 353,671,819
153-Appling Oounw-Runting._____________________
484
547-Lee Oount;v-Fur-bearing animals...............
484,749
27-Teach protection of birds in schools............. 353,549,974
83-Jeffe:rson Oouncy-Fresh Water fishing_________ 353,671,797 31-Revi.se Game and Fish Laws_____________696,816,1198,1245,1252
7119-Protection of Game and Fish.. ______ --- ________ 735,967,999
6119-Deer in certain Oounties.________________________
962,997
744-Rabun OountN Oat SqUirrels____________________ 983,109&,1115
232--Steel Traps probibited-1068,1110,1185 426118--G-D:aotnveesL-aSweass.on_______-_--______-_-_-____-_-_-_-_-_-_-_-__._____1_0_6_9_,11016192,,1111191!,,.111.29323
1298
I
INSANE PERSONS, IDIOTS, ETC.34--0rdinluN appoint I'JDTdilmll~--- 447,498,588
JUDI5C8I-A-CLhiOffIiRn CCiUrcIuTiSt_-________________________________ _ 306,368,414 221-Circuit Stenogra.pherr: --~- ----- ------ 309,3'10,41&
JURY AND JURY COXMIBBIONERB78--0ompensa.tion for Commissioners............... 225,272,298
LAW AND LAWYERB8--~latepractice................................ 329,344,382
LIVE STOOK737-Mcintosh County-Dealers __ __ . ___ . . . 69'1, 748, '758
MILITARY AEFAIRS615--Amend Indigent Soldier Laws....l070,1111,11M
MOTOR VEHIOLES592--Passengers or Freight for hire . --------~---~
10'10,1118
Q
OLEOMABGARINE289--Imita.tion Butters ------------- ----- .
p
993,1096
PEAO:S: AND APPLE INDUSTRIEB-596-Inspection and grading._________________________ 997,1096,1115
PENSIONB-641-Annual In()Tease_____________________ ... c _ __ .1056 ,1091,11'10
R RELIEF OF BOND-
H. R. 9-J. :a Oa.rpenter....~----
H. R. 1'7-M. J. Wright. ____________________________
353,393,411 465,548,'799
1296
INDEX
RlL. RR.. 22i5---A0.. TB.. BBiolrbroo~w--s-_~_-_-_-_-_-____-____-__-__-_-_-_~__-_-_-_-_-_~-_
lL R. 45--R. G. Davis----------------------------lHL. RR.. 16029---.MI.rFs..lWle.mlLnRgi.d.le;.v~_~_-_-_-_-_-_~_-_-_-_-_-_-_~_-_-_-__~_-_-_-_~_-_--_
465,102,540 465.502.541 465,102,541 465,502,589 737,815,884
HlL. RR.. 9719--.RI.. Wo.. MLaorokrein__a_._n_d__W__. _E__. _W__i_l_s_o_n__._.-_-_-_-_-_-_-_-_-_--_
738,816,884 738,815,883
lL R.12a--M. J. Davia...------------------------------ 788,815,884
lL B. 86-C. P. Pearson, A. T. Simerl;v, W. E. Ive;v, R. Deariso__________________ ------ ____ ___ __ 738,515,883
H. B. 131i-V. E. Manpt______________________________ 9S2,102S,l083
H. R. 138-M. Strickland and A. E. DanieL------~--- 962,1022,1033
lL R.13fJ-A. J. Ryals_____ -------------------------- 962,1021,1038 H. R. 156-S. D. Wilson. ~-----------------------~-1070,1110,1176
s
SCHOOLS DID SCHOOL LAW839-Richmond Oount;v-iBoa:rtl of Education________ _ 4G-Richmond County-School Bonds. _____________ _ 41-Riohmond Oount:v----Instruction ___ ___ 96-Richmond County-BQii~Xd of Education________ _ BBo-Elberton SYStem____ . _________________ . __ . ___ __
41G-Eastman S;vstem.______ ------.------------------445-Sandersville-LeVY Tax_________ -~ ____ _______ . __
48o-Savannah-OhangeLimitations.~---------------
479-Sava.nnah-Teaohera retirement________________ _
27-Teach protection of birds, etc._________ ---------495-Menlo District-RepeaL ________________________ _
523-Fulton County-Pelll'ions, Teachers____________ _ 524-Fulton County-Insure Teachers. __ . __________ _ llG-Special Text BoOk Commission_________________ _
762-Fulton County-Board of Education_______ . ___ _
788-Aima High School District. ________ -------------796-Monroe County-----~---- ____ --------------- __
261,297 ,aM 251,297,334 261,297,384 262,297,386
262,298' 336 812,321,847 318,322,848 313,797,820 333,797,820 353,549,974
881,797 382,935,968
382' 936.968
497 1797,103 655,701,725 '175,M7 ,887 897,936,970
SOLIOITOBB-GDERAL83--AugustaCircuit....... 434-0herokee Circuit._------------ _________________ _
486-0herokee Circuit--------------------------------
447,460,476 448,481,479 449,461,479
STATE IDGRWAY828--Improve La Fayette Extension Road_____________ 363,495,634
llfi9-Coastal Highway Fiscal Agent___ ----------______ 969,997,1115 633-Set apart Funds_____ ----- ___ --------- ____ .1056,1062,1173,1199 587-Distribute Funds_.___________ ---~----- __________1055,1062,1170
STATE SANITARIUM, GEORGIA2-Chlil.nge name_____ ------------------------------ 829,367,976
T
TAXES A.lW TAX LAWS17-0:t:L Motor Fuels_____ --------- _______________447 ,6'19,864,8'18,8'16 148--l{ettnconrues_____________________________________ 571,6'19,836 331-Cigars and Cigarettes_____________________734,816,919,1194,1229 548--Amend General Tax Aot;_________________734,9f35,1057,1194,1991
129-Amend General Tax Act___________ -------734,848,992,1097,1189
3 1 4 - 0 o o u p a t i o n T a x - S a l e s T a x . 929,96'1,1044,UWO,l240,1960,1251, 1259,!259,1260,1261
TAX COLLECTORS A.lW RECEIVERB119--Gwinnett County______________________________ _
371-Hm:lr;v County... _________ --------- ____ -------- __ 472-Telfair Count;v-Ex-Ofiicio Sheriff..____________ _ 97-Appling County-Ex-Officio Sheriff____________ _ 272--Tift County-Ex-OfficiO Sheriff________________ _ 2'11-Tift County-Abolish__________________________ _
444-Bulloch County_--------- ________ --------------501-Chatham County-Ex-Officio Sheriff__ _________ _ 514-Early County-Bond premium__________________ _
SUi-Atkinson County------------- ____ ------------- __ 791-Bacon County Ex-Officio Sheriffs_--------------
330,369,416 381, 3'11,421 333,407,425 380,440,469
381' 398,464 381 ,440. 445 381,440,464 449,570,591 466, 517.540 897. 93'1, 970 930.981,999
TAX42C1O--MElMbeIrStCSoIOunmtyR__S_-_______________________________ _
484--Screven County__________________ --------- _____ _ 294-Marion County Bond Premium_________________ _ 350--EarlyOounty___________________________________ _ 651-Hea.rd County_______________________________ __ _
389,8'18,428 338
466. 763, 819 466, 689. 622 5'14' 845. 868
65a--Troup County___ ------------_---- _____ ---------- 5'15,590,624
781-Forsyth County________________________________ _
'186
820--Bartow Count:v. -------------------------------- 930,981,1000 815-Atkinson County----- ________ ---- _____ ---------_ 897. 937. 9'10
'U UNIVERSITY OF GA. AND ITS BRANCHES-
282-Da.hlonega.-Change name_______________________1069,111!,1931
v
VETERINAR!Al{, STATE-
191-Fix ~alar;v____ ----------------------------- _____ 1068,1110,1192 498-Creameries inspected. _____________________ . _____1069,1111,1281
1198
INDEX
w
WESTERN AND ATLANTIC RAILROAD~reate00%0nU&s~--------------------------- 981,197.1079
PART IV.
HOUSE RESOLU'IIONS.
1-J'oint Committee_____________________________ ------
17 '
6-Govemor's Esoort-------------- . -------------
29
7-Ina.ugural Committee_______________ ______ ________
29
60---WWia.m w. Brewton__________________ -------------
198 ,
31-J'ekyll Island... ___________ . ___ . ___ . _ _______ ____ _ 305,366,412
39-La.w Books to Oa.rroll OountJ'____ . ------------ 005,1167,412 4Q-GrasSN Mountain to Mount Ogletr.o~pe ________ ---- 305,367,412
66-Ftl.rm Belief Bcm.:td.. -----------------------------
99-Federa.l 106-Ma.!ons
aFnadrmCLhoilad.nreAncotf-G-a-.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-
338 603 627,880
118-W. A. Wright, 00%0pt:to11e:t-GenemL...............
661
119-Accept buildings at Alto___________ ----------------
661
104-Troup Oount;v Law Books _________ ---------------- 698,747,758
108-Walton Councy-Law Books---------------------- 773,845,862 13Q-Law Books-Griffin Judicial Circuit_______________ 888,lllli!2,1081
141-I22nd Infantr;v ------------------ ________ ----- ___ 144-U. B. S. 0137IDpia___________________________________
896,918 938
131-Distribut~ of Motor Tags.. 9&1,lllli!2,1088
155-Committee on Neill-Traylor Map___________________ 1070,1134
161-Red Cross and Cyclone____________________________
1176
161-Na.tional Government and O;vclone_________________
1176
163-Adjourn Sine Die. _____ .__________________________
11'1'7
1&1-Notifr Governor___________________________________
1268