Journal of the Senate of the State of Georgia at the regular session of the General Assembly at Atlanta Wednesday, June 24, 1931

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY
At Atlanta, Wednesday, June 24, 1931.
1931 STEIN PRINTING CO., STATE PRINTERS
ATLANTA, GA.

SENATE CHAMBER, ATLANTA, GA.,

WEDNESDAY, JUNE 24, 1931.

The Senators-elect for the term 1931-1933 met in the Senate Chamber at 10:00 o'clock, A. M., this day, and were called to order by Hon. D. F. McClatchey, Secretary of the preceding Senate.
Prayer was offered by Rev. J. W. G. Watkins, Chaplain
of the preceding Senate.

The roll was called and the following Senators-elect answered present :

Adkins, W. T. Alexander, A. C. Beck, I. H. P. Bennett, John W. Brock, Ben T. Cheatham, John H. Clements, James B. Courson, Sewell Davis, Dr. Jeff Dekle, Elmer E. Denton, W. L. Duckworth, W. H. Ennis, J. Howard
Evans, John c.
Fowler, Alpha A. Hand, F. B. Harris, Roy V.

Horn, J. L. Jackson, Guy D. Johnson, M. L. Jones, Louie E. Knabb, L. Langford, H. G. Lazenby, W. S. McKenzie, C. M. McWhorter, Hamilton Martin, D. F. Moore, L. L. Neill, W. C. Neisler, C. H. Nelson, J. W. Nix, J. Morgan North, N. L. Perkins, Walter C.

Peterson, Hugh Jr. Pratt, N. A. Pruett, J. F. Puett, Cline Reagan, Ed. L. Richardson, G. H. Smith, J. 0. M. Stark, Buell Strickland, J. 0. Tippins, R. R. Wallace, Roy W. Waters, J. 0. Watson, Wade H. Weekes, John Wesley West, Linton B. Whitehurst, W. M. Williams, E. M.

The entire membership of the Senators-elect, fifty-one in number, answered to their names.

The following communication from Hon. George H. Carswell, Secretary of State, certifying the Senators-elect

4

JouRNAL OF THE SENATE,

in the last general election, of November 4, 1930, was received and read:

HoN. D. F. McCLATCHEY,
Secretary of the Senate.

ATLANTA, GA.,
jUNE 24, 1931.

Dear Sir:
I hand you herewith certification of the names of candidates and number of votes cast for State Senators of the various districts of the state, with names of those elected, in the general election held November 4, 1930, as they appear from the consolidated returns of said election.
Respectfully submitted,
GEO. H. CARSWELL,
Secretary of State.

STATE SENATORS

1931-1932.

Votes Received

Elected

1st District, J. 0. STRICKLAND Bryan County__ .. _______________ 64
Chatham County ______________ 1237 Effingham County_____________ 111

J. 0. STRICKLAND

2nd District, DONALD F. MARTIN Liberty County_________________ 71 Long County___________________ 57 Mcintosh County_ _____________ 42 Tattnall County ________________ 172

DONALD F. MARTIN

3rd District, WADE H. WATSON Appling County________________ 284 Brantley County _______________ 216 Jeff Davis County ______________ 206
Wayne County__________________ 289

WADE H. WATSON

WEDNESDAY, JuNE 24, 1931.

5

Votes
Received

Elected

(th District, L. KNABB Camden County________________ 133
Charlton County_______________ 166 GlYnn County______ ______ ___ __ 508

L. KNABB

lith District

Atkinson County

JOHN W. BENNETT (DEM.) _ 375

WALTER A. SEAMAN (REP.)

29

Clinch County

JOHN W. BENNETT _________ 316

WALTER A. SEAMAN________

40

Ware County

JOHN W. BENNETT ________ 1194

WALTER A. SEAMAN_______

459

1885 528 JOHN W. BENNETT

6th District, E. E. DEKLE Berrien County_____ ____________ 549 Cook County___________________ 604 Echols County__ _______________ 138 Lanier County ________________ 138
Lowndes County_______________ 673

E. E. DEKLE

7th District, W. H. DUCKWORTH Brooks County_________________ 555 GradY County__________________ 195 Thomas County________________ 484
8th District, F. D. HAND Decatur County________________ 307 Miller County__________________ 66 Mitchell County________________ 255 Seminole County, No consolidation

W. H. DUCKWORTH F. D. HAND

9th District, W. T. ADKINS Baker County__________________ 66 Calhoun County _______________ 165
Early County___________________ 170

W.T.ADKINS

10th District, G. H. RICHARDSON Dougherty County, No consolidation Lee County_____________________ 62 Worth County__________________ 187

G. H. RICHARDSON

JouRNAL -:OF THE . SENATE,

--,__ .......,.

Votes Received

11th District

Clay County LINTON B. WEST ___________ 406

Randolph County LINTON B. WEST ___________ 238

M.A. BUSSEY_______________

1

Terrell County

LINTON B. WEST

214

Elected

858

12th District, J. L. HORN

Quitman County_________

72

Stewart County _____________ .___ 128

Webster County __ ..

193

13th District, J. W. NELSON Macon County____ ___________ 194 Schley County_ ________________ 81 Sumter County _________________ 238

14th District, GUY D. JACKSON Bleckley County ________________ 114 DooleyCounty ________________ 141
Pulaski County_.______________ 113

16th District, HUGH PETERSON, JR. Montgomery County____________ 86
Toombs County, No consolidation Wheeler County________________ 49

16th District, SEWELL COURSON

Emanuel County ______________ _ 137

Johnson County

101

Laurens County_ ___________ 341

Treutlen County _______ ._______ 121

17th District, WALTER C. PERKINS Burke County__________________ 125
Jenkins County______________ si
Screven County_______________ 100

18th District, ROY V. HARRIS Glascock County_______________ 81 Jefferson County_ _____________ 291
Richmond County, No consolidation

1 LINTON B. WEST J. L. HORN J.W.NELSON GUY D. JACKSON HUGH PETERSON, JR. SEWELL COURSON WALTER C. PERKINS ROY V. HARRIS

WEDNESDAY, JuNE 24, 1931.

7

Votes Received

Elected

19th District, JUD P. WILHOIT Greene County_________________ 218 Taliaferro County _____________ 161 Warren County_________________ 117

JNO.C.EVANS JUD P. WILHOIT

20th District, J. HOWARD ENNIS Baldwin County________________ 172
Hancock County_______________ 183 Washington County____________ 278

J. HOWARD ENNIS

21st District, W. M. WHITEHURST Jones County__________________ 97 Twiggs County_________________ 86 Wilkinson County______________ 111

W. M. WHITEHURST

22nd District, H. G. LANGFORD Bibb County __________________ 512 Lamar County__________________ 139 Monroe County _________________ 393 Pike County____________________ 187

H. G. LANGFORD

23rd District, C. H. NEISLER Crawford County_______________ 86 Houston County_____________ _ 93 Peach County__________________ 90 Taylor County__________________ 114

C. H. NEISLER

24th District, W. CECIL NEILL Marion County_________________ 72 Muscogee County_______________ 440
Chattahoochee County, No consolidation_ W. CECIL NEILL

26th District, A. C. ALEXANDER Harris County __________________ 186
Talbot County ______ . __________ 143 Upson County _________________ 290

A. C. ALEXANDER

26th District, J. H. CHEATHAM Butts County__________________ 172 Fayette County_________________ 1146 Spalding County_______________ 277

J. H. CHEATHAM

27th District, E. M. WILLIAMS Barrow County_________________ 366 Oconee County____ _____________ 175 Walton County_________________ 378

E. M. WILLIAMS

8

JouRNAL OF THE SENATE,

Votes Received

Elected

28th District, ROY W. WALLACE Jasper County_________________ 170 Morgan County _________________ 265
Putnam County________________ 174

ROYW. WALLACE

29th District, W. S. LAZENBY Columbia County _____________ 101
Lincoln County________________ 78 McDuffie County _______________ 398

W. S. LAZENBY

30th District, J. 0. M. SMITH Elbert County__________________ 428 Hart County___________________ 282 Madison County______ __________ 241

J. 0. M. SMITH

31st District, JEFF DAVIS Franklin County _______________ 1505 Habersham County ____________ 319
Stephens County______________ 278

JEFF DAVIS

32nd District, J. F. PRUETT Dawson County ________________ 140 Lumpkin County_______________ 146
White County_______________ __ 166

J. F. PRUETT

33rd District, J. M. NIX Banks County__________________ 126 Hall County____________________ 588 Jackson County________________ 371

J.M.NIX

34th District

DeKalb County

JOHN WESLEY WEEKES. __ 1256

W. H. BRASWELL___________ _

164

Newton County

JOHN WESLEY WEEKES ___ 267

W. H. BRASWELL___________ _

1

Rockdale County

JOHN WESLEY WEEKES ___ 116

W. H. BRASWELL___________ _

0

--------JOHN WESLEY

1639 165 WEEKES

36th District, E. L. REAGAN Clayton County________________ 618 Fulton County _________________ 8881 Henr:v County__________________ 240

E.L.REAGAN

WEDNESDAY, JuNE 24, 1931.

9

Votes Received

Elected

36th District, N. L. NORTH Campbell County_______________ 132
Coweta County_________________ 315 Meriwether County_____________ 367

N.L.NORTH

37th District, I. H. P. BECK Carroll County _________________ 558
Heard County__________________ 173 Troup County __________________ 418

I. H. P. BECK

38th District, W. L. DENTON Haralson County_______________ 236
Paulding County_______________ 260 Polk CountY_ __________________ 336

W. L. DENTON

39th District, ALPHA A. FOWLER Cherokee County_______________ 401

Cobb County __________________ 523

Douglas County __

172

ALPHA A. FOWLER

40th District

Rabun County

J. C. PUETT

236

FRANK LOYD __

6

Towns County

J. C. PUETT _______________ _ 434

FRANK LOYD _____________ _

403

Union County

J. C. PUETL ________________ 598

FRANK LOYD_______________

66

1268 475 J. C. PUETT

41st District

Fannin County

B. C. LOGAN N. A. PRATT __ _

995 651

Gilmer County

B. C. LOGAN________________

542

N. A. PRATT _________________ 729

Pickens County

B. C. LOGAN_ ______________

296

N. A. PRATT ___ _

598

1978 1833 N. A. PRATT

10

JouRNAL OF THE SENATE,

Votes Received

Elected

42nd District, M. L. JOHNSON Bartow County ________________ _
Chattooga County ______ _ Floyd County __

287 461 621 M. L. JOHNSON

43rd District, BUELL STARK Gordon County __ . ____________ _ Murray County _______________ ..
Whitfield COUJ1ty _____ _

239 1307 530 BUELL STARK

44th District, BEN T. BROCK Catoosa CountY Dade County __ Walker County

276 730 298 BENT. BROCK

45th District, J. B. CLEMENTS Ben Hill County __ Irwin County __ Telfair County_

107 312 152 J. B. CLEMENTS

46th District, J. 0. WATERS Bacon County_ Coffee County Pierce County _

273 580 358 J. 0. WATERS

47th District, L. L. MOORE Colquitt County ____ _ Tift County __ Turner County _

212 160 116 L. L. MOORE

48th District, C. M. McKENZIE Crisp County ____ _
Dodge County Wilcox County_

97 150 145 C. M. McKENZIE

49th District, R. R. TIPPINS Bulloch County __ _ Candler County __ _ Evans County ____ _

292 60 54 R. R. TIPPINS

60th District, HAMILTON McWHORTER

Clarke County_

485

Oglethorpe County_

168

Wilkes County_

297 HAMILTON Mc-

WHORTER

WEDNESDAY, }UNE 24, 1931.

f1

Votes Received

Elected

51st District, LOUIS E. JONES Forsyth County __ . ____________ _ Gwinnett County ___________ _
Milton County __

174 526 100 LOUIS E. JQNES

STATE OF GEORGIA

OFFICE OF SECRETARY OF STATE
I, Ceo. H. Cars-z;:ell, Secretary of State of the State of Georgia, do hereby certify, That the four pages of typewritten matter attached hereto, show the number of votes cast for the various candidates for State Senators in the Fifty-one Sena torial Districts of the State of Georgia, in the general election held November '1, H);3o, as shown by the consalidated returns of said general election, which returns are on file in this office, with the name of the Senator elected, in the right hand column, as the same appears of file in this office.
In Testimony \Vhereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 2-!th day of June in the year of our Lord One Thousand Nine Hundred and Thirty-one, and of the Indepei1dence of the United States of America the One Hundred and Fifty-fifth.
GEo. H. CARSWELL,-
Secretary of State.

The following communication from Hon. L. G. Hardman, Governor, advising the Senate of new members elected since the last general election, was received and read:
To THE SENATE:
I beg to advise that the election of the following new members to your body since the last General election has

12

JouRNAL OF THE SENATE,

been certified to the Executive Department by the Secretary of State:
Hon. John C. Evans, Senator from the Nineteenth Senatorial District, to succeed Han. J ud P. Wilhoit, resigned.
Hon. J. M. Nix, Senator from the Thirty-Third District, to succeed Hon. Homer Hancock, deceased.
This June 24, 1931.
Respectfully submitted, L. G. HARDMAN' Governor.

The Senators presented themselves at the Secretary's desk where Chief Justice Richard B. Russell of the Supreme Court of Georgia administered the oath of office to them.

The next business being the election of the President of the Senate for the ensuing two years, Senator McWhorter of the 50th District nominated the Honorable W. Cecil Neill of the 24th District. The nomination was seconded by Senator Alexander of the 25th District and others. There were no other nominations and upon calling the roll the vote was as follows:

Those voting for Senator Neill were Senators:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore
Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters
Watson Weekes West Whitehurst Williams

WEDNESDAY, JuNE 24, 1931.

13

The Honorable W. Cecil Neill, having received 50 votes, being all the votes cast, was declared duly elected President.
A committee composed of Senators McWhorter of the 50th District, West of the 11th District and Williams of the 27th District was appointed to escort Senator Neill to the President's Chair. The President addressed the Senate in grateful words for the distinction shown him.
The President announced that the next order of business was the election of the Secretary of the Senate.

Senator Langford of the 22nd District nominated Hon. John T. Boifeuillet of Bibb County for Secretary of the Senate for the ensuing term of two years. The nomination was seconded by Senators Evans of the 19th District, Ennis of the 20th District, Weekes of the 34th District, Neisler of the 23rd District, Pratt of the 41st District, Beck of the 37th District, Bennett of the 5th District, Fowler of the 39th District, and others. There were no other nominations and upon calling the roll the vote was as follows:

Those voting for Mr. Boifeuillet were Senators:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Hom Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson
Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President.

14

JouRNAL oF THE SENATE,

Mr. Boifeuillet, having received 51 vot~s, being the unanimous choice of the entire Senate, was declared duly elected Secretary for the ensuing term of two years. The President appointed Senators Langford of the 22nd District, Evans of the 19th District, and Peterson of the 15th District as a committee to escort Mr. Boifeuillet to the Secretary's desk.

The President administered the oath of office to Mr. Boifeuillet and then presented him to the Senate, whereupon, Secretary Boifeuillet expressed his appreciation of the honor conferred upon him.

The President announced that the next business in order was the election of a Doorkeeper.

Mr. B. C. Dobbins of Putnam County was nominated for Doorkeeper by Senator Martin of the 2nd District.

Mr. A. P. Griffin of DeKalb County was nominated tor Do'6rkeeper by Senator Reagan of the :35th District. The nomination was seconded by Senator Weekes of the 34th District. Upon calling the roll, Mr: Griffin received 41 votes, and ;\lr. Dobbins 8 votes.

The vote was as follows:

Those votl ng for Mr. Griffin were Sena tors:

Adkins Alexander Beck Bennett Brock Cheatham Clements
Davis Dekle Duckworth Ennis Evans Fowler Hand

Harris Horn Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Moore Neisler Nelson Nix North

Pruett Puett Reagan Richardson Stark Strickland Tippins
Waters Watson Weekes West Whitehurst Mr. President

WEDNESDAY, }UNE 24, 1931.

15

'Those voting for Mr. Dobbins were Senators:

Denton Martin Perkins

Peterson Pratt Smith

Wallace Williams

The President declared Mr. Griffin duly elected as Doorkeeper.
The election of a Messenger. was announced as the next business in order.

Senator Dekle of the 6th District nominated Mr. William Henderson of Irwin County for Messenger. There were no other nominations. Upon calling the roll, the vote was as follows:

Those voting for Mr. Henderson were Senators.:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford McKenzie McWhorter Martin Moore Nelson Nix North Perkins Peterson Pratt

Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

Mr. Henderson, having received 48 votes, was declared by the President duly elected Messenger.

The President announced that the election of the President Pro Tempore was in order.

Senator Fowler of the 39th District nominated Hon. Guy D. Jackson of the 14th District for President Pro Tempore. The nomination was seconded by Senator

16

JouRNAL oF THE SENATE,

Langford of the 22nd District and others. There were no other nominations. Upon calling the roll, the vote was a.s follows:

Those voting for Senator Jackson were Senators:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Johnson Jones Knabb Langford Lazenby McWhorter McKenzie Martin Moore Neisler Nelson Nix North Perkins Peterson Pratt

Pruett Puett Reagan Richardson smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

Sena tor Jackson having received 50 votes, being all the votes cast, the President declared Senator Jackson duly elected President Pro Tempore.

Senators Fowler of the 39th District, McWhorter of the 50th District, and West of the 11th District were appointed as a committee to escort the President Pro Tempore to the President's stand. Senator Jackson thanked the Senate for the honor conferred upon him by his election.

Senator Reagan of the 35th District offered the following resolution:
By Senator Reagan of the 35th DistrictSenate Resolution No. 1. Resolved that a committee
of three be appointed by the President to select a Chaplain for the Senate for the Session.
The resolution was adopted, and the President appointed Senators Reagan of the 35th District, McWhorter of the

WEDNESDAY, JUNE 24, 1931.

17

50th District, and Bennett of the 5th District as the committee.
The committee recommended that Mr. Watkins, the former Chaplain, be reelected and upon a vote he was unanimously elected.

The following resolution of the Senate was read and adopted:
By Senators Harris of the 18th District and Duckworth of the 7th District-
Senate Resolution No. 2. Resolved by the Senate that the Secretary be and he is hereby instructed to inform the House of Representatives that the Senate has convened and has organized by the election of Hon. W. Cecil Neill of Muscogee County, as President, and John T. Boifeuillet of the County of Bibb, as Secretary, and is ready for the transaction of business.

The following resolution of the Senate was read and adopted:
By Senators Tippins of the 49th District, Harris of the 18th District, and Dekle of the 6th District-
Senate Resolution No. 3. Resolved by the Senate, the House concurring, that a committee of five, two from the Senate and three from the House, be appointed by the President and Speaker, respectively, 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 above resolution, the President appointed as a committee from the Senate, Senators Tippins of the 49th District and West of the 11th District.

18

JouRNAL oF THE StNATE,

The following resolution of the Senate was read and adopted:
By S~ators Clements of the 45th District, Harris of the 18th District, Jackson of the 14th District, and Ennis of the 20th District-
Senate Resolution No. 4. Resolved by the Senate, the House concurring, that the General Assembly shall convene in joint session in the Hall of the House of Representatives on Thursday, June 25th, at twelve o'clock noon, for the purpose of canvassing and publishing the election returns for Governor and other constitutional officers, as provided by law.

The following Senate resolution was read and adopted:

By Senators McWhorter of the 50th District and Harris of the 18th District-
Senate Resolution No. 5. Resolved by the Senate, the House concurring, that the General Assembly shall convene in joint session in the Hall of the House of Representatives at 12:00 o'clock on Friday, June 2Gth, 19:H, to receive such messages as His Excellency, the Governor, may desire to communicate; and that a committee of three from the Senate and five from the House be appointed by the presiding officers of the two houses, respectively, to serve as an escort to conduct His Excellency to the Hall of the House.
The President appointed as a committee under the above resolution, Senators i\IcWhorter of the 50th District, Perkins of the 17th District, and Horn of the 12th District.

The following message was received from the House through ~fr. Kingery, the Clerk thereof:
A1r. President:
I am instructed by the House to notify the Senate that the House has organized by the election of Hon. Arlie D.

WEDNESDAY, JuNE 24;. 1931.

19

Tucker of Berrien County as Speaker, and Hon. Andrew
J. Kingery of Emanuel County as Clerk and is ready for
the transaction of business.

The following message was received from , the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following resolution of the House, to-wit:

By l\Ir. Nelson of Cook-

House Resolution No. 2. .'\. resolution for a committee

of three from the House and two from the Senate to be

appointed by the Speaker of the House and President of

the Senate, respectively, to notify the Governor that the

General Assembly has been organized and is now ready

for the transaction of business.



The Speaker has appointed the following members of the House as a committee on the part of the House, to-wit:
Messrs. Bland of Stewart, Leathers of DeKalb, Adams of Towns.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the Senate, to-wit:

By Senator Clements of the 45th District and others-
Senate Resolution No. 3. A resolution providing for a joint session of the General Assembly on Thursday, June 25th.

20

JouRNAL OF THE SENATE,

The following resolution of the Senate was read and adopted:

By Senators Stark of the 43rd District, Harris of the 18th District, Moore of the 47th District, and McWhorter of the 50th District-
Senate Resolution No. 6. Be it resolved by the Senate, the House of Representatives concurring, that a joint committee of two from the Senate and three from the House be appointed by the President and the Speaker of the House, respectively, to arrange for the inauguration ceremonies of the Governor on Saturday morning, June 27th, 1931.

The President asked ummimous consent that the following resolution be adopted, and the consent was granted:
Resolved, by the Senate, that the standing rules of the Senate adopted for the 1929 session be and the same are hereby adopted for the session of 1931, with the following amendments, to-wit:
The name of the Committee on Forestry 1s hereby changed to that of Conservation.
The name of the Committee on Highways is hereby changed to that of Highways and Public Roads. There shall be no Committee on Public Roads.
The name of the Committee on University of Georgia is hereby changed to that of University of Georgia and its Branches.
The name of Committee on Railroads is hereby changed to that of Committee on Public Utilities.
The President announced the appointment of Senator Roy V. Harris of the 18th District as Vice Chairman of the Committee on Rules.
The drawing of seats was the next business in order.

. WEDNESDAY, JuNE 24, 1931.

21

By unanimous consent, Senator Smith of the 30th District, Senator Lazenby of the 29th District, the Vice Chairman of the Committee on Rules, and the President Pro Tern. were permitted to select the seats they preferred before the drawing of seats was begun.
Senator Ennis of the 20th District asked unanimous consent that Senator Hand of the 8th District be permitted to occupy the seat used by his father in former years. The consent was granted. There was no other business, and upon motion, the Senate adjourned until 11:00 o'clock Thursday morning.

22

JouRNAL OF THESENATE,

SENATE CHAMBER, ATLANTA, GA.,

THuRSDAY, JuNE 2:), 19:31.

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.

The roll was called, the following Senators answenng present:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

Senator Pratt of the 41st District, 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 was dispensed with, and the Journal was confirmed.

Senator Weekes of the 34th District asked unanimous consent that Senators having bills and resolutions to present, do so at this time. The consent was granted.

The following bills of the Senate were read the first time and referred to committees:

THURSDAY, JUNE 25, 1931.

23

By Senator Neill of the 24th District-
Senate Bill No. 1. A bill to provide for nominations of candidates for National, State and County offices, and' to define the terms "Presidential Primaries," "County Primaries" and "State Primaries."
Referred to Committee on Privileges and Elections.

By Senators Weekes of the 34th District, West of the 11th District, McWhorter of the 50th District, Harris of the 18th District, and Duckworth of the 7th District-
Senate Bill No. 2. A bill to regulate admission to the practice of law in this State.
Referred to Committee on General Judiciary No. 1.

By Senators Weekes of the 34th District, West of the 11th District, McWhorter of the 50th District, Harris of the 18th District, and Duckworth of the 7th District-
Senate Bill No. 3. A bill to regulate the practice of law and performance of legal services, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Duckworth of the 7th District-
Senate Bill No. 4. A bill to abolish the office of Tax Receiver and Tax Collector of Grady County. To create the office of Grady County Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Duckworth of the 7th District-
Senate Bill No. 5. A bill to repeal an Act fixing the salary of the Judge of the City Court of Cairo, and for other purposes.
Referred to Committee on Special Judiciary.

24

JouRNAL oF THE SENATE,

By Senator McKenzie of the 48th District-
Senate Bill No. 6. A bill to amend an Act approved August 19th, 1919, entitled an Act to codify the school Iaws of the State of Georgia.
Referred to Committee on Education.

By Senators Harris of the 18th District and Duckworth of the 7th District-
Senate Bill No. 7. A bill to reorganize and to reconstitute the State Highway Department, and for other purposes.
Referred to Committee on Highways.

By Senator Dekle of the 6th District-
Senate Bill No. 8. A bill to amend Article 3, Section 2, Paragraph 1, of the Constitution relating to the number of Senators, Senatorial Districts, and for other purposes.
Referred to Committee on Amendments to the Constitution.

Senator Weekes of the 34th District asked unammous consent that the following joint resolution be adopted, and the consent was granted:

By Senators Neill of the 24th District, West of the 11th District, and Weekes of the 34th District-
Senate Joint Resolution No. 7. A joint resolution commending the efforts and purposes of the American Legislators Association and the Interstate Legislative Reference Bureau.

By Senator Neill of the 24th District-
Senate Resolution No. 8. A resolution proposing to the people of Georgia an amendment to the Constitution,

THuRSDAY, JuNE 25, 1931.

25

by striking Section 4 of Article 3, P?ragraph 3, relating to the time of meeting of the General Assembly.
Referred to Committee on Amendments to the Constitution.

The Committee on Arrangements for the inauguration of the Governor-elect made the following report, which was adopted:

Mr. President:
Your Committee on Arrangements for the inauguration of the Governor-elect has met with a similar committee from the House, and beg leave to make the following report:
We recommend that a program, a copy of which follows, be adopted as a program for the inauguration.

PROGRAM INAUGURATION OF
GOVERNOR-ELECT RICHARD B. RUSSELL, JR.
JUNE 27th, 1931,
Eleven 0'clock, A. M.
Presiding Officer, Honorable W. Cecil Neill, President, Georgia State Senate. Accompanied by Hon. Arlie D. Tucker, Speaker of the House.
1. National Anthem by 122nd Infantry Band.
2. Prayer: Reverend Taylor Morton of LaFayette, Georgia.
3. Reading Resolutions.
4. Oath of Office, administered by Chief Justice R. B. Russell, Supreme Court of Georgia.
5. Receive Seal from Secretary of State, George H.
Carswell.

26

JouRNAL OF THE SENATE,

6. Administering oath by Governor Russell to Hon. John B. Wilson, Secretary of State-elect.
7. Delivery of Seal by Governor Russell to Secretary of State, John B. Wilson.
8. Address by Governor Russell.
Respectfully submitted, MooRE of the 47th District. Chairman.

PETERSON of the 15th District. Committee on part of the Senate.

GRA YSOC\ of Chatham County, BEASLEY of Tattnall County, CocHRAN of Thomas County.
Committee on part of the House.

The hour of convening of the joint session of the Senate and House having arrived, the President of the Senate accompanied by the Secretary and the Senators proceeded to the hall of the House of Representatives, and the joint session called for the purpose of counting and consolida ting the vote and declaring the result thereof for Governor and other State House Officers was called to order by the President of the Senate.
The joint resolution authorizing the session of the Senate and House was read by the Secretary of the Senate. Senator West of the 11th District moved that the President appoint a committee of five, two from the Senate and three from the House, as tellers to count and consolidate the vote.
The motion was adopted, and the President appointed on the part of the Senate, Senators West of the 11th Dis_ trict and Langford of the 22nd District, and on the part of

THURSDAY;'}UNE 25, 193L

27

the House;Messrs;. Crawford of Floyd; Fagan of Peach, and Alexander of Chatham.
Senator Ennis o(th.e 20th District moved that the .General Assembly take a recess, subject to the call of the Chair, until the committee was ready to report, and the motion was adopted.

The General Assembly was called to order and the Committee of Tellers submitted the following report:

To the General Assembly of Georgia in 'Joint Session:
We, your tellers, appointed to canvass the vote for Governor and State House officers as required by the Constitution, beg leave to submit the following report:
For Governor-Richard B. Russell, Jr., 36,462 votes.
Secretary of State-John B. Wilson, 56,:39:) votes.

Comptroller-General-William B. Harrison, ;)6,409 votes.
Treasurer-\Villiam J. Speer, .)6,428 votes.
Attorney-General--George M. Napier, 36,387 votes.

Respectfully submitted,

On part of the Senate:

On part of the House:

WEsTofthellthDistrict,

CRAWFORD of Floyd,

LANGFORD of the 22nd District. FAGAN of Peach,

ALEXANDER of Chatham.

The report of the committee was unanimously adopted, and the President declared the result of the vote as counted by the tellers for Governor, Secretary of State, Comptroller-General, Treasurer and Attorney-General.
Senator Harris of the 18th District moved that the General Assembly do now dissolve, and the motion was adopted.

28

JouRNAL oF THE SENATE,

The Senate reconvened in its Chamber at 12:30 o'clock.

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

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

By Senator McWhorter of the 50th District-
Senate Resolution No. 6. A resolution to provide for a joint session on Friday, June 26, and for a committee to escort His Excellency, the Governor, to the hall of the House.

The Speaker has appointed the following members of the House as a committee on the part of the House:
Messrs. Lord of Jackson, Yawn of Dodge, Jones of Burke, Duncan of Houston, Hatcher of Johnson.
At this time a sealed communication from His Excellency, the Governor, was presented to the Senate.
Senator Harris of the 18th District now moved that the Senate adjourn until 11:00 o'clock tomorrow, and the motion was adopted.
Senator Whitehurst of the 21st District was granted leave of absence until Monday morning.
Senator Stark of the 43rd District and Reagan of the 35th District were granted leave of absence for Friday, the 26th.
The President announced that the Senate was adjourned until 11 :00 o'clock tomorrow morning.

FRIDAY, JuNE 26, 1931.

29

SENATE CHAMBER, ATLANTA, GA.,
FRiDAY, JUNE 26, 1931.

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.

The roll was called and the following Senators answered present:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported, through Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.

Senator Weekes of the 34th District asked unanimous consent to dispense with the reading of the Journal, and the consent was granted.

The following communication was received from His Excellency, Governor L. G. Hardman:

30

!JouRNAL OF THE SE,.NATE,

June25, 1931.

REPORT OF CLEMENCY CASES

To the Genetal Assembly of Georgia:
I hand you herewith report, as required by the Constitution of Georgia, showing action taken by me 'in all clemency matters, including reprieves, probations, paroles, commutations and pardons granted since July 1, 1929.
Respectfully submitted,
L. G. HARDMAN,
Governor.

RESPITES.
ALVIN E. MERRITT: Fulton County; further time needed by the Prison Commission to give this case full consideration; respi ted for a period of ten days.
FLEMING REED: Clarke County; Prison Commission requests respite in order that additional material facts rna y be presented in behalf of this applicant; respi ted for a period of thirty days ending September 20, l~l29.
JOHN ELLEN: Floyd County; insufficient time for the Prison Commission to consider application for commutation; respi ted for a period of thirty- three days ending January 21, 1930.
WEYl\fA.N BRADBERRY: Oconee County; respite requested by Prison Commission in order that application might be fully considered; respited for a period of thirty days expiring October 11, 19:10.
HARVEY BRADBERRY: Oconee County; respite requested by Prison Commission in order that application might be fully considered; respited for a period of thirty days expiring October 11, 1930.

FRIDAY, JuNE 26, 1931.

31

ANTHONY WILLIAMS: Burke County; the SolicitorGeneral states that he has not had time to prepare a counter showing in behalf of the State; respited for a period of thirty days ending October 10, 1930.

COMMUTATIONS: All commutations were recommended by the Prison Commission, except where stated.
ED BROOKS: Forsyth Superior Court; August 1910 term; murder; life; poor physical condition and length of service; recommended by jurors, grand jurors, trial judge and solicitor-general; commuted July 11, 1929.
JOE SYJ\IS: Chatham Superior Court; December term 1926; robbery; 4 to 7 years; recommended by trial judge and solicitor-general; commuted July 11, 1929.
RUFUS WYNNE: Monroe Superior Court; November term 1928; burglary; 10 years; the record fails to disclose an intent to commit burglary under the affidavits, and the trial judge recommends clemency; commuted July 11, 1929.
LESTER CHAUNCEY: Clinch Superior Court; October 1928 term; murder; death; low mental state; recommended by the trial judge, the presiding judge, jurors, county officials, Board of Education and many citizens; commuted July 22, 1\l29.
GEORGE FICKLING: Chatham Superior Court; July 1927 term; murder; death; evidence shows that the defendant was badly beaten and abused by the deceased; recommended by three justices of the Supreme Court, the solicitor-general and a number of officers and citizens; commuted August;), 1929.
RALPH FINDLEY: Fulton Superior Court; May term 1925; voluntary manslaughter; 12 to 20 years; recom.mended by a number of people including a majority of the trial jury; commuted August Hi, 1929.

32

JouRNAL oF THE SENATE,

COMER C. CONGER: Henry County Court; May 1929
term; selling liquor; $100.00 and 12 months; recommended by trial judge and solicitor; commuted September 12, 1929.
WALLIS HIXON: Richmond County City Court; April term 1924; 6 misdemeanors and 1 felony; 12 months in each misdemeanor and 3 to 4 years felony; recommended by county warden, solicitor-general, jurors, solicitor of City Court of Augusta. The prisoner was very young at the time; commuted September 12, 1929.
ANGUS GHANT: Richmond County City Court; April term 1924; 6 misdemeanors and 1 felony; 12 months in each misdemeanor and 3 to 4 years felony; recommended by county warden, solicitor-general, jurors, solicitor of City Court of Augusta; commuted September 12, 1929.
H. A. GRUBBS: Fulton County Superior Court; rape; 5 to 10 years; recommended by the grandfather of the girl on whom the assault was made, by the solicitor-general and trial judge, the physical condition of the applicant, together with the recommendation of 11 of the jurors; commuted September 26, 1929.
J. C. HARRIS: Mitchell County Superior Court; aiding escape; October term 1928; 1 year; young boy with good prison record; has served over half of his sentence; commuted September 26, 1929.
PAUL LANIER: Lowndes County Superior Court; May term 1927; simple larceny and forgery; 1 year, 1 year and 3 years; letter of solicitor-general and affidavits of persons whose names were signed by prisoner to checks; commuted September 28, 1929.
EMMETT GOOCH: Macon County Superior Court; May term 1928; manufacturing whiskey; 1 to 3 years; service of misdemeanor sentence of six months and good prison record; commuted September 30, 1929.
FLEMING REED: Clarke County Superior Court; January term 1929; murder; death; evidence shows that the

FRIDAY, JuNE 2(), 1931.

33

death of deceased was caused by a fight with defendant; recommended by jurors, a large number of members of the Athens bar and three justices of the Supreme Court; commuted to life imprisonment October 9, 1929.
M. C. STANDRIDGE: Fulton Superior Court; March term 1927; larceny of auto; 1 to :3 and 1 to ;) years; served minimum sentence with good prison record; recommended by trial judge; commuted to present service October 10, 1929.
ELBERT WADE: Morgan County Superior Court; December term 192~; transporting liquor; 12 months or 6 months and S200.00; recommended by Judge Park and Solicitor-General Duke; commuted October 10, 1929.
WALTFR JACKSON: Clarke County Superior Court; January term 1!12~; larceny from house; 2 to :) years; letter of prosecutrix indicates a very weak case; a good record for 20 months of two year sentence; commuted October 10, 1929.
W. M. SM TTH: Heard Superior Court; September term
1928; murder; death; change of circumstances since the trial set forth in numerous affidavits found in record, to which reference is made; commuted October 22, 192\l.
J:\CK S. C:\RROLL: Fulton County Superior Court; May term 192!i; larceny of auto (2 cases); 2 to ;) years and 2 to 5 years; recommended by county physician and the solicitor-general; commuted October 2!i, 1929.
WASH BROv\'~: ivlonroe Superior Court; August term 1928; murder; death; recommended by jurors, court officials, and there are impeaching affidavits as to State's eye witnesses; commuted October 29, 1929.
ED AD KJNS: Fulton County Superior Court; March term Hl2(i; larceny from house; ;) to 7 years; good service record over two years and a half; recommended by the prosecutor, solicitor-general and trial judge; commuted October31, 1929.

.

34

JouRNAL OF THE SENATE,

H. C. SLAGLE: Gordon County Superior Court; February 1929 term; stabbing; 6 months; recommended by the solicitor-general, prosecutor, county officials, the trial jury and others; commuted October 25, 1929.
J. S. BROWN: Clayton County Superior Court; August
term 1927; violating Sunday law; fine $500.00; recommended by a large number of citizens, including town officials, members of the Board of County Commissioners, Senators and Representatives now in office, newspaper editor, county officials and others.
J. R. STEELE: Fulton County Superior Court; Novem-
ber term 1924; robbery; 5 to 8 years; long service with good record and clemency unopposed by judge or solicitorgeneral; commuted November 7, 1929.
TOM TOWLER: Walton County Superior Court; possessing whiskey; $300.00 and costs and 6 months suspended sentence; recommended by trial judge, solicitorgeneral, county officers and others, and the payment of fine of S300.00 previously made; commuted November 9, 1929.
JESSE MORRIS: Fulton County Superior Court; May term 1927; burglary; 1 to 5 years and 1 to 5 years; bad physical condition due to injury received in service; commuted November 21, 1929.
LEE KNIGHTON: Randolph County Superior Court; November term 1928; simple larceny; 12 months or $500.00; recommended by the judge; commuted December 4, 1929.
BILL DORMINY: Irwin County Superior Court; simple larceny; February term 1929; 1 to 2 years; clemency recommended by prosecutor and destitute condition of family; commuted December 19, 1929.
ROY SPELLS: Clinch County Superior Court; October term; riot; 12 months; youth of applicant and clemency recommended by trial judge and solicitor-general; commuted December 23, 1929.

FRIDAY, JuNE 26, 1931.

35

LEO HENDERSON: Fulton County Superior Court; February term 1927; larceny of auto; 2 to 4 years; very poor physical condition and recommendations in file; commutedJanuary30, 1930.

JAMES DUDLEY, ALIAS JOE DUDLEY: Fulton County Superior Court; March term 1929; misdemeanor and burglary; 12 months and 1 to 5 years; extreme youth of the boy and strongly recommended by the trial judge; commuted January 30, 1930.

BEN BAITY: Heard County Superior Court; August term 1929; misdemeanor; $200.00 or 12 months; recommended by the judge, solicitor, and county officials; commuted January 30, 1930.

HARRISON HELMS: Pike County Superior Court; rape; 7 to 12 years; recommended by the trial judge and jurors; commuted February 6, 1930.
J. R. J. DREW: Webster County Superior Court;
having whiskey; October term 1929; 12 months; extreme age of the prisoner, his good record and many endorsements for clemency; commuted February 6, 1930.

CHARLIE WITHROW: Dawson County Superior Court; March term 1928; assault to murder; 2 to 5 years; recommended by trial judge, solicitor-general, county officials and others; commuted February 13, 1930.

EARL BARFIELD: Bibb County Superior Court; January term 1928; forgery; 2 to 3 years; youth of prisoner; clemency recommended by solicitor-general; commuted February 13, 1930.

JIM GRIFFIN: Warren County Superior Court; April

term 1927; manslaughter; 6 to 10 years; recommended by

the trial judge and solicitor-general; commuted February

13, 1930.



ELMORE JACKSON, ALIAS MARVIN DAVIS; JACK CORBETT, ALIAS WALTER DAVIS: Chatham County

36

JouRNAL oF THE SENATE,

Superior Court; June term 1928; burglary; 2 to 3 years; extreme youth of the prisoners and good prison record for large portion of minimum sentence; commuted February 13, 1930.
JOE ROBINSON: Walker County Superior Court; August 1929 term; possessing liquor; 8 months; recommended by trial jurors and county officials and the letter of solicitor-general amounts to a recommendation; commuted February 19, 1930.
GEORGE WIMBISH, ALIAS H. C. GRANT, ALIAS H. E. HARTMAN: Fulton County Superior Court; May term I923 and July term 1923; felony and larceny of an automobile; recommended by the trial judge; commuted March :J, I930.
F. 1\I. JA.RRARD, JR.: Fulton County Superior Court; May term I928; larceny of an automobile; 1}4' to :3 years and 1 to 3 years; clemency favored by trial judge; commuted March ti, I930.
IR\\'1~ KILGORE: Walton County Superior Court; August term I929; burglary; I year; extreme youth; recommendation of citizens, prosecutor, trial judge and solicitorgeneral; commuted March 6, I930.
GENE OLIVER: Gwinnett County Superior Court; December 1928 term; larceny of automobile; 2 to 3 years; recommended by prosecutor, trial judge and solicitorgeneral; commuted March 5, 1930.

Z. W. DAVIS: Bibb County Superior Court; April term I ~l29; arson; 2 years; recommended by trial judge and
solicitor-general; commuted March 7, 19:30.

CORINE BAILEY: Washington County Superior Court; September term I928; voluntary manslaughter; 3 to 1 years; recommended by judge and solicitor-general; commuted 1\Iarch 20, I930.

FRIDAY, JUNE 26, 1931.

37

THEODORE MATHIS: Worth County Superior Court; July term 1924; burglary; 5 to 15 years; 5 to 15 years; 5 to 15 years; recommended by probation officer of Worth County, solicitor-general and trial judge; commuted April 8, 19:30.
L. M. KIDWELL: Bartow County Superior Court; July adjourned term 1\l28; larceny of auto; 3 years; recommended by prosecutor, judge, solicitor-general, and his physical condition is very bad; commuted April 21, 1930.
ROBERT D. BO\YEN: Bartow Superior Court; July adjourned term 1!)28; larceny of auto; 3 years; recommended by prosecutor, judge, solicitor-gencr<ll, and his physical condition is very bad; commuted April 21, 1930.
SA"I SHIXHOLSTER: Emanuel Superior Court; October term 1927; burglary; 4 to 7 years; recommended by judge and solicitor-general; commuted 1\Iay 1, 1930.
HARREL RICE: LaGrange City Court; April term 1930; misdemeanor; S lO.OO or 2 months; has served practically half of his time and is very young, and the payment of the fine on a prorated basis would seem to meet the ends of justice; commuted April ;)(), 1\rW.
Z. B. PATTERSON: Fulton County Superior Court; March term 1\ll:i; burglary; extremely poor physical con-
dition as certified to by Dr. J. W. Mobley, physician to
the State Frrrm; commuted "Jay 1, 1930.
R:\.Y \. "IJLLER: Carroll County Superior Court; July adjourned term 1\)2\l; involuntary manslaughter; 1 to ;) years; recommended by trial judge and solicitorgeneral; commuted i\Iay 1, 1!);)0.
J. C. :\IILLER: Carroll County Superior Court; July
Adj. term 1H2\l; involuntary manslaughter; 1 to 3 years; recommended by trial judge and solicitor-general; commuted May 1, 1\):10.
JOHN HE:\fRY SMITH: Thomas County Superior Court; April term 1929; burglary; misdemeanor and burg-

38

JouRNAL OF THE SENATE,

lary; 2 to 3 years; 12 months and 1 to 3 years; recommended by trial judge; commuted May 1, 1930.
HENRY BISHOP: Thomas County Superior Court; April term 1929; burglary; misdemeanor and burglary; 2 to 3 years; 12 months; and 1 to 3 years; recommended by trial judge; commuted May 1, 1930.
GUY BOOZER: Fulton County Superior Court; September term 1927; larceny of automobile (3 cases); 1 to 5 years; 1 to 5 years; and 1 to 5 years; his youth; low mentality, recommended by officials including Solicitor-General John A. Boykin; commuted May 1, 1930.
JOHN ANGLIN: Milton County Superior Court; March term 1930; misdemeanor on account of physical condition; commuted on additional payment of fine; comm~t7d May 17, 1930. Not recommended by Prison CommiSSion.
GEORGE HESTER: City Court of Athens; February term 1930; bastardy; fine of $300.00 or 12 months; the trial judge, solicitor-general and prosecuting attorney recommend that his sentence be commuted upon the payment of $200.00 and court costs; commuted May 30, 1930. Not recommended by the Prison Commission.
JOHN HUMPHRIES: Decatur City Court; January term 1926; 12 months; violating prohibition law; 12 months; recommended by county officials, the solicitor of the City Court of Decatur and the present judge of the City Court; commuted June 13, 1930.
BILL GILPHIN: LaGrange City Court; March term 1930; assault and battery and drunk of public road; fine of $75.00 or 9 months; recommended by trial judge and solicitor; commuted June 19, 1930.
0. L. WEBB: Coffee County Superior Court; March adjourned term 1927; rape; 20 years; recommended by a large number of citizens and officials including some of the grand jurors and trial jurors; commuted June 19, 1930.

FRIDAY, JuNE 26, 1931.

39

RUSSELL ANDREWS: Fulton County Superior Court; September term 1929; misdemeanor; 12 months; very poor physical condition; commuted July 8, 1930.
J. W. WATERS: Bibb County Superior Court; April
term 1929; burglary and misdemeanor; 1 year and 1 year and 6 months; recommended by trial judge and solicitor general; commuted to present service July 8, 1930.

ERNEST SMITH: Polk County Superior Court; September term 1929; aiding escape; has served the major portion of his minimum sentence with good record; commuted July 11, 1930.

LEROY SMITH: Fulton County Superior Court; May

term 1927; misdemeanor and burglary; 24 months; 6 months;

6 to 10 years; recommended by the trial judge; commuted

July 17, 1930.



CHESTER F. WILLIAMS: Fulton County Superior Court; March term 1928; larceny of auto; 5 years; recommended by the trial judge; commuted July 25, 1930.

DANIEL WADE: Richmond County Superior Court; January term 1929; robbery; youth of defendant; recommended by trial judge and solicitor-general; commuted July 28, 1930.

JASPER KIND: Irwin County Superior Court; April term 1926; voluntary manslaughter; 15 to 20 years; very poor physical condition; recommended by the trial judge, solicitor-general, county physician, warden, county commissioners and county attorney; commuted July 30, 1930.

ROY McWHORTER: Fulton County Superior Court; May term 1925; robbery; 10 to 20 years; good service record and youth with an opportunity to get a new start in a good job offered him; commuted July 31, 1930.

GARNET WARE: Danielsville City Court; January term 1930; simple larceny; 6 months in 2 cases; recommended by trial judge and solicitor; commuted August 1, 1930.

40

JouRNAL oF THE SENATE,

WILLIE GLENN SPIGGDJS, ALIAS WILLIE SPRAGGINS: Fulton County Superior Court; April term 1929; burglary; 12 months, 2 to 4 years and 2 to 3 years; commuted July 31, 1930; recommended by trial judge.
GEORGE (TED) TROUPE: Montgomery County Superior Court; February 1927 term; robbery; 5 to 10 years; recommended by trial judge, solicitor-general and others, including the prosecutor; commuted August 7, 19::w.
J. W. LESTER: Stephens County Superior Court; January 1930 term; larceny of automobile; 2 to 3 years; recommended by prosecutor, trial judge and solicitorgeneral; commuted :\ugust 7, 1930.
ROBERT RICE: Stephens County Superior Court; January term 19:30; larceny of automobile; 1 to 2 years; recommended by prosecutor, trial judge and solicitorgeneral; commuted August 7, 1930.
1\L P. l\IOSELEY: Candler County Superior Court; A.ugust :\dj. term Hl2:::;; voluntary manslaughter; 3 to 5 years; recommended by trial judge and county commission; commuted August 11, 1\l:m.
MARION, ALIAS HUEBER BURKE: Putnam County Superior Court; March term 1926; escape; 12 months; extremely poor physical condition; recommended by the trial judge; commuted August H, 1H:W.
BEN 1\IOSELEY, JR.: Coweta County Superior Court; March term 1930; involuntary manslaughter; 12 months; recommended by a large number of prominent citizens and physicians; commuted August 21, 19:10.
CHARLIE MOORE: Fulton County Superior Court; September term 192ll; robbery; 5 to 8 years; youth of applicant coupled with good prison record and recommended by trial judge and solicitor-general; commuted August 28, 1930.

FRIDAY, JuNE 26, 1931.

41

CHARLES MELVILLE: Walker County Superior Court; February term 19:)0; burglary; 1 to 10 years; recommended by prosecutor and county officers; commuted August 28, 1~UO.
HO\V.-\RD NEWPORT: Walker County Superior Court; February term 1930; burglary; 1 to 10 years; clemency asked by prosecutor; county officers, and poor physical condition; commuted August 28, HrW.
HAROLD TERRELL: Fulton County Superior Court; spring term 1~UO; larceny of auto; 1 to 2 years; recommended by trial judge and other officials and on account of poor physical condition; commuted September 4, 1~UO.
TO\ I JOH~SO~', ALI:\S Jl'~TOR S\IITH: Fulton County Sup:::rior Court; l\Iay term 1\)28; forgery; 2 to :3 years and 2 to :i years; recommended by several citizens and trial judge and solicitor-general; commuted September 1, 1\J:;o.
WILL S\IITH: Ta\-lor Countv SuDr.:rior Co~lrt; October term 1\l21; rape; 20 y~ars; recon~men,ded by otticials, trial judge and solicitor-general; commuted September 1, 1\UO.
JllDS0:\1 RE:\VFS: Greenville _City Court; January term 1\);)0; possessing liquor; 12 m:mths or S2:-J0.00; recommended by trial judge; commuted Sepcember ;), 19:30.
ROSS PTTT\IAN: Echols County Superior Court; September term Hl2\l; manslaughter; :\ ~-ears; age and physical crmdition; recommended by trial judge and many county officials; commuted Septemlh:r Hi, 1\l::\0.
HFRBFRT STRICKL-\-:-\D: Wilcox County Superior Court; July term 1921; assault with intent to rape; 20 years; recommended by county officials and private citizens; commuted September 18, 19;)0.
BOYD SOBER: Colquitt County Superior Court; July adjourned term 1927; larceny; :~ years and 3 years; recommended by many citizens, county officials and solicitorgeneral; commuted October 2, 1930.

42

JouRNAL oF THE SENATE,

HEBER WILSON: Fulton County Superior Court; September term 1924; burglary; 10 to 40 years; extreme youth of applicant at time of conviction, good prison record; recommended by the trial judge and others; commuted October 2, 1930.
VAN DUKES: Newton County Superior Court; March term 1929; burglary and auto theft; 4 to 7 and 1 to 2 years; extreme youth of applicant, good service record; recommended by trial judge and solicitor; commuted October 9> 1930.
D. C. BAILEY: Newton County Superior Court; !\larch term 1929; burglary and auto theft; 4 to 7 years and 1 to 2 years; extreme youth of applicant, good service record; recommended by trial judge and solicitor; commuted October 9, 19:30.
EMMETT WILLIAMS: Newton County Superior Court; March term 1929; burglary and auto theft; 4 to 7 years and 1 to 2 years; extreme youth of applicant, good service record and recommended by trial judge and solicitor; commuted October 9, 19:30.
CECIL FORBES, ALIAS CECIL GOODWI~: Fulton County Superior Court; May term 1928; larceny of auto; 3 to 5 years; extreme youth of applicant; good prison record; poor physical condition and low mentality; commuted October 9, 19:)0.
B. FARRARO AND V. FARRARO: Chatham County Superior Court; Septem her term 1929; burglary; 1 year; they were sentenced September 2'1, 1929, but were held in Chatham County jail at the request of solicitor-general as witnesses until January 1, 1930; commuted October 9, 1930.
CAD SPFLL: Bacon County Superior Court; ::'\Jovember term 1929; manufacturing liquor; $150.00 or 12 months; recommended by trial judge, county officials, citizens and the solicitor-general; commuted October 19:30.

FRIDAY, JuNE 26, 1931.

43

ANDREW SAMS: Newton County Superior Court; burglary; May term 1929; 3 to 7 years; extreme youth of applicant, good service record and recommendation by trial judge and solicitor; commuted October 16, 1930.
HARVEY TURNER: Newton County Superior Court; March term 1929; burglary; 4 to 7 years; extreme youth, good service record, and recommendation by trial judge and solicitor; commuted October 16, 1930.
ALBERT COOK: Bibb County Superior Court; April term 1928; assault to murder; 2 to 3 years; physical condition very poor, service record is very good; recommended by solicitor-general; commuted October 16, 1930.
HARVEY BRADBERRY AND WEYMAN BRADBERRY: Oconee County Superior Court; January term 1930; murder; death; youth of applicants, strong showing as to sub-normal mentality; they were dominated by their brother-in-law, a mature man who planned and procured them to execute his plans; commuted October 27, 1930.
ABE NISSENBAUM: Fulton County Superior Court; January term 1928; felony; 1 to 6 years; recommended by the warden, solicitor-general and trial judge; commuted October 30, 19:)0.
BYRD WOODS: Colquitt County Superior Court; September term 1927; simple larceny; 2 to 2 and 2 to 2 years; recommended by large number of citizens, jurors, warden, guards and county officials; commuted November 6, 1930.
W. A. WILLIAMS, ALIAS C. C. HATCHER: Baldwin County Superior Court; July term 1929; forgery; 3 years; poor physical condition; recommended by trialjudge; commuted November 6, 1930.
B. H. GAULDING: Mitchell County Superior Court; August term 1930; misdemeanor; 12 months; recommended by solicitor-general and trial judge; commuted November 13, 1930.

44

JouRNAL OF THE SENATE,

ROBERT ROCKMORE: Fulton County Superior Court; March term 1924; rape; 20 years; numerous affidavits on file make it very doubtful th?t the defendant was ever guilty of the offense charged; commuted November 13, 1930.
CLIFFORD (J. C.) REESE: Fulton County Superior
Court; April term 19:10; 12 months and 1 year; misdemeanor and larceny of auto; recommended by trial judge, coupled
with good prison record; commuted November v:;, 19:10.
J. M. GREGORY: DeKalb County Superior Court;
September term 1929; rape; 3 years; recommended by jurots, county officials and others; commuted November 20, 1\l:W.
LUCIUS RAINES: Oglethorpe Superior Court; ;\1arch term 1922; arson; 19 to 20 years; recommended by trial judge, solicitor-gener2l and prosecutor; commuted December 4, 1930.
L. R. FUSSELL: Lamar County Superior Court; September adjourned term 1930; violating prohibition law; 12 months; recommended by trial judge on account of physical disability; commuted December <1, 1930.
LAWRENCE A. COCHRAN: Fulton County Superior Court; ] anuary term 1927; misdemeanor and forgery; 12 months, 12 months and 10 years; poor physical condition; recommended by trial judge; commuted December-!, Hl:30.
GREE;-.;rE MOORE: Emanuel County Superior Court; October term 1929; manufacturing liquor; 1 to 2 years; recommended by trial judge, solicitor-general, jurors and citizens, including county officials; commuted December I 1, 1\J:30.
WILL PARKER: Fulton County Superior Court; May term 192~; voluntary manslaughter; 7 to 10 years; recommended by_ county physician; commuted December L'i, 1930.

FRIDAY, JuNE 26, 1931.

45

LUKE DAY: Spalding County Superior Court; February term 1930; manufacturing liquor; 3 years; recommended by the trial judge; commuted December 16, 1930.
FRED SHORTMEIER: Chatham County Superior Court; December term 1926; accessory to assault to murder; 8 to 10 years; recommended by large number of citizens, including trial judge; commuted December 18, 1930.
BILL (WILL) PIERCE: Whitfield County Superior Court; October term 1927; rape; 12 months and 8 to 10 years; recommended by trial judge and solicitor-general, assistant solicitor-general, jurors, county officials and representatives; commuted December 18, 1930.
ROBERT LEE PETERS: Walton County Superior Court; February term 19:30; manslaughter; 1 to 3 years; poor physical condition; recommended by a large number of citizens, practically all county officials, by jury that tried him, county physician, trial judge and solicitor-general; commuted December 18, 1930.
WADE CHAUNCY: Clinch County Superior Court; October term 1929; cattle stealing; 2 years; recommended by prosecutor, trial judge, solicitor-general and citizens; commuted December 22, 1930.
J:\CK FLOOD: Ware County Superior Court; May term 1929; simple larceny; 2 to 4 years; very poor physical condition; good record; commuted December 22, 1930.
CA.RL ESPY: Catoosa County Superior Court; November special term 1929; arson; 2 years; recommended bv citizens, county offici<ds, trial judge and solicitor-general; commuted December 29, 1930.
CI ,YDE WEST: Colquitt County Superior Court; January 1926; October 1927 terms; simple larceny; larceny of auto; :3 to ;) years and 2 to 3 years; insane and recommended that he be tried for lunacy and placed in the hospital for the insane; commuted December 31, 1930.

46

JouRNAL OF THE SENATE,

PETER McMEKIN, JR.: Wilkes County Superior Court; May term 1930; arson; 1 to 2 years; recommended by trial judge and solicitor-general on payment of fine; commuted January 7, 1931.
ARTHUR DOWARD: Randolph County Superior Court; February 1919 term; murder; life; served 11 years, is old and in very poor physical condition; commuted January 15, 1931.
JOHN HENRY McCRARY: Spalding County Superior Court; January term 1930; manufacturing liquor; 2 years; recommended by trial judge and the co-defendant, Eugene Coggin, received misdemeanor sentence in the same transaction; commuted January 23, 1931.
HENRY CROWLEY, ALIAS J. H. CORLEY, J. E. DUNCAN AND J. H. CROWLEY: Fulton County
Superior Court; January term 1927; misdemeanor and larceny of automobile; 12 months; 3 years; 12 months; 3 years; extreme youth and service of about 4 years; recommended by the trial judge; commuted January 27, 1931.
CLINT ANDERSON: Fulton County Superior Court; May term 1929; forgery; 4 to 7 years; poor physical condition and recommended by the trial judge; commuted January29, 1931.
EDWARD H. STANLEY: Fulton County Superior Court; Novem her term 1920; forgery-fictitious checks; 2 to 7 years; extremely poor physical condition; commuted February 5, 1931.
CHARLIE TATE: Wilkes County Superior Court; August term 1929; arson; 1 to 2 years; he has completed 10 months of his minimum term and his co-defendant was released on payment of $100.00-after service of a little over 2 months. The instigator of the crime was acquitted; commuted February 7, 1931.
D. C. PHINAZEE: County of Thomas Superior Court; June term 1930; felony; 1 year; recommended by the trial

FRIDAY, JuNE 26, 1931.

47

judge, prosecutor, clerk, sheriff, county attorney, county commissioners, county officials, Judge Luke of the Court of Appeals and by the solicitor-general; commuted February 13, 1931.
J. W. HOWARD: Muscogee County Superior Court; assault to murder; 1 to 2 years; on account of poor physical condition; commuted February 2G, 1931.
CONEY CAMPBELL: Fayette County Superior Court; September term 1930; making liquor; 1 to 3 years; recommended by trial judge, solicitor-general and other court officials; commuted March 18, 1931.
A. A. HARP: Upson County Superior Court; November term 1929; manslaughter; 1 to 3 years; recommended by the judge and solicitor-general; commuted March 20, 1931.
LEVI ARNOLD: Clayton County Superior Court; February term 1930; 4 years; good service record for one year; recommended by the trial judge, solicitor-general and trial jury; commuted March 25, 1931.
ELI ARNOLD: Clayton County Superior Court; February term 1930; perjury; 4 years; good service record for one year and clemency is recommended by the trial jury, solicitor-general and judge; commuted March 25, 1931.
SAM DANIEL: Clayton County Superior Court; February term l930; perjury; 4 years; good service record for one year; recommended by the trial jury, solicitorgeneral and judge; commuted March 25, 1931.
ROSSER BAUKNIGHT: Clayton County Superior Court; February term 19:30; perjury; 4 years; good service record for one year; recommended by the trial judge, solicitor and jury; commuted March 25, 1931.
WARREN FALLEN: Troup County Superior Court; November term 1930; assault with intent to murder; 12 months; clemency is recommended by Dallas Page, the

48

JouRNAL oF THE SENATE,

person alleged to have been fired upon; commuted March 26, 1931.
FIG RA.Y, ALIAS FELIX RAY: Superior Court of Carroll County and January adjourned term 1925, Bartow Superior Court; 5 to 15 and :~ to 5 years; poor physical condition; recommended by the trial judge; commuted March 26, 1931.
B. F. TUCK: Clarke County Superior Court; January term 1927; embezzlement; ,1 to 5, 1 to 2 and 1 year; good service record of four years, two months and three days, which is equivalent to five years' service; recommended by a large number of citizens, including jurors, peace officers, sheriff, clerk, city officials, solicitor of the City Court, Ex-Senator, etc.; commuted l\ larch 2(), 1931.
C. H. SI:\L\10:\'"S: Fulton County Superior Court; l\Iay term 19:10; misdemeanor; 18 months; good servlCe record of nearly a year, and recommended by prosecutor, trial judge and solicitor-general; commuted April 9, HLH.
ROBERT CORLEY: Spalding County Superior Court; February term 19:)0; larceny of auto; 2 years; very dependent condition of familr, and strong recommendation of the trial judge; commuted April9, 19:H.
ED\V:\R D ARCHER: Chatham County Superior Court; December term 1930; larceny of auto; 2 years; on account of youth of applicant, and recommended by solicitor-general and trial judge; commuted April Hi, 1931.
A:\TO~IO FERN:\NDO: Chatham County Superior Court; August term 1930; larceny; 1 year; the Chairman of the Prison Commission recommends that the sentence be commuted that he may be delivered to United States Immigration authorities for deportation; commuted April 16, 1931.
J. S. SLICER: Fulton County Superior Court; May
term 1929; violation of State Banking Act; 1 to 3 years;

FRIDAY, JuNE 26, 1931.

49

recommended by the jury; commuted to fine of $250.00 April17, 1931.
JEFF BANKS: Fayette County Superior Court; October term 1929; manufacturing liquor; 1 to :1 years; has served with good record a portion of his sentence and the trial judge recommends clemency; commuted April 23, 1931.
\;V. P. O'HARO~, ALIAS CHARLES SMITH: Richmond County Superior Court; January term 1928; larceny of auto; 4 years; poor physical condition, good prison record for nearly three years; commuted April 28, 1931.
ALBERT JONES: Superior Court of Tift County; July term 1920; murder; life; recommended by jurors and solicitor-general; commuted April 29, Hl:31.
HOWARD OWSLEY: Fulton County Superior Court; July term 192~); larceny of auto; 2 to:~ years; recommended by trial judge, and defendant has almost completed the minimum term of his sentence; commuted i\Iay 1, 1931.
LOl 1IS W. COLLEY: Superior Court of i\Ieriwether Count~'; July term 1930; adultery; 12 months; applicant has served nine months with good conduct; health extremely bad; commuted :\lay il, HBl.
S. \Y. C\I{SO;\J: Fulton County Superior Court; November term 192~); embezzlement and larceny after trust; l to;) years in :3 cases concurrent; recommended by trial judge; commuted May 7, 1931.
JOE STRICKLAND: Charlton County Superior Court; October term 1\l29; sim pie larceny; 3 to 11 years; recommended by trial judge and solicitor-general; commuted May 7, 19:31.
J. \\'. BOZEMAN: Laurens County Superior Court;
January term 1928; larceny; 1 to 3 years; has served minimum sentence; recommended by the trial judge, the prosecutor and all county officials; commuted May 7, 1931.

50

JouRNAL OF THE SENATE,

CLYDE J. BINION: Richmond County Superior Court; January term 1928; forgery; 5 years; recommended by court officials and employees of Richmond County; commuted May 9, 1931.
WILL JACOBS: Brantley County Superior Court; November term 1929; misdemeanor; 12 months and 12 months; not opposed by judge and solicitor; and service of more than one-half of his sentence with good record; commuted May 9, 1931.
ROBERT PERRY: Fulton Superior Court; January term 1926 of the Superior Court; assault to rape; 20 years; recommended by the woman alleged to have been assaulted and by trial judge and solicitor-general, jurors and other citizens and officials; commuted May 14, 1931.
BILL FULK (WILLIAM FOULKE): Chatham County Superior Court; December term 1930; larceny of auto; 2 years; extreme youth and clemency recommended by trial judge and solicitor-general; commuted May 19, 1931.
C. E. GASKINS: Ben Hill County Superior Court; March term 1925; rape; 15 to 20 years; recommended by the solicitor-general and some of the jurors; commuted May 21, 1931.
G. B. McCLELLAN: Colquitt County Superior Court; April term 1931; burglary; 10 years; defendant is an escape from State of Florida and in order that he may be delivered to the authorities of that State; commuted May 21, 1931. Not recommended by the Prison Commission.
VANDIVER BROWN: Franklin County Superior Court; March term 1930; burglary; 3 years; extreme youth; recommended by solicitor-general and the prosecutor; commuted May 21, 1931.
EARL DEAN: Hall County Superior Court; July term 1929; forgery and larceny from house; 12 months, 12 months, 3 to 5 years; good service record and recom-

FRIDAY, JuNE 26, 1931.

51

mended by solicitor-general, county officials, Jurors, trial judge; commuted May 21, 1931.
JOHN PACE: Randolph County Superior Court; May term 1931; malicious mischief; 12 months; to be received back at State Sanitarium for treatment; commuted May 26, 1931.
M. Z. COOPER: Fulton County Superior Court; July term 1929; larceny from railroad car; 2 to 3 years; recommended by county physician who says that petitioner underwent a very serious and dangerous operation and will be confined to hospital several weeks; has served minimum of2 year; commuted June 13, 1931.
D. W. \VATSON: Richmond County Superior Court; October term 1924; burglary and assault to murder; 11 years and 7 years; recommended by officials and citizens; commuted June 12, 1931.
FRANK H. BARBER: Fulton County Superior Court; September term 1929; larceny of automobile; 2 to ;) year~; this applicant is sought by immigration authorities for deportation; commuted June 26, 1931.
GEORGE T. BRAYE, ALIAS EDWARD COLLINS: Fulton County Superior Court; larceny of automobile; 2 to ~) years; applicant is sought by immigration authorities for deportation; commuted June 2(), 19:)1.
CARL R:\l\ISEY: Walker County Superior Court; June term 1930; manufacturing whiskey; 1 year; on account of his tubercular condition as reported by Dr. R. H. Bradley of Chatsworth, Georgia; commuted June 18, 1931.

PARDONS: All pardons recommended by Prison Commission, except where stated.
LEE BARRETT: White Superior Court; April term 1928; assault to murder; 1 to 2 years; recommended by -county officials and prosecutor; pardoned August 1, 1929.

52

JouRNAL OF THE SENATE,

DEWITT WILSON: Campbell Superior Court; August term 1924; making liquor; 12 months; strong evidence of reputable citizens and of the owner of still that accused was not guilty; pardoned August 13, 1929.
JULIUS ALLIGOOD: Dodge Superior Court; ~ovem ber term 1928; passing forged check; 12 months or S350.00; good record and recommendations of many officials and trial judge; pardoned August 15, 1929.
C. J. NORMAN: Newton County Superior Court;
January term 1928; embezzlement; 2 years; the major portion of his sentence has been served with good prison record and clemency is recommended by a large number of citizens, including county officials, ministers, school su peri nten dents, rcpresen ta ti ves, sen a tors, solicitor-genera! and trial judge; pardoned August 15, 1\)29.
THOl\1:\S PARKER: Bulloch County Superior Court; October term 1927; embezzlement; 2 years; sentence about all served; good record and deserves restoration of citizenship; pardoned August 22, 1929.
DAN BUTTS: Jasper Superior Court; August term 1928; simple larceny; 2 years; good prison record; service of half of sentence coupled with sanction of large number of citizens and of trial judge and the solicitor-general; pardoned September 12, 1929.
J. E. CAREY: Putnam Superior Court; March term
1928; assault to rape; 1 to:) years; good prison record; service of minimum sentence, coupled with recommendation of the trial jurors, solicitor-general and judge; pardoned September 27, 1929.
GEORGE H. GILLO~: Fulton Superior Court; December term 1928; embezzlement; 2]0" to 11 years; recommended by numerous business men, attorneys, university professors, county officials, ministers of the Gospel, the trial judge and solicitor-general; pardoned October 10, 1929.

FRIDAY, JuNE 2o, 1931.

53

BARNEY L. O'QUINN: Fulton Superior Court; October term 1926; fornication; $100.00 or 12 months suspended sentence; was given fine which was paid and a suspended misdemeanor sentence at the October term 192(), of Fulton Superior Court; nearly three years have expired since he was put under suspended sentence; pardoned October 10, 1929.
R. B. PETTIT: Fulton Superior Court; January term 1929; misdemeanor and involuntary manslaughter; 12 months and 1 to 2 years; youth of applicant, who was under a suspended misdemeanor sentence which was put into effect because of conviction in present cas::. He has served the first sentence with good record and has begun second sentence; pardoned October 10, 1929.
TOM AIKEN: Atlanta Citv Court; Tune term 1927; possessing liquor; 8250.00 and "12 month~ suspended sentence; paid fine of $250.00 and sentence of 12 months suspended which has been running since the 20th of July, 1927, and statements of those who know him are to the effect that his conduct has been good; pardoned October 22, 1929.
JESSE STOGNER: Haralson Superior Court; April term 1917; murder; life; this applicant was paroled in September 1928, and it appears that the terms of the parole have been kept. It appears further that he has lived an upright life since that time and in order to encourage him in his laudable effort to make a good citizen; pardoned October 2:~, 1929. Not recommended by Prison CommissiOn.
C. N. BEATTY: Muscogee Superior Court; August term 1D2G; robbery; 2 to 10 years; it appearing that this applicant has lived an upright life and is desirous of making a good citizen, in order to encourage him; pardoned December 12, 1\!2\l.
CARTER HILL: Dooly Superior Court; November term 192~; involuntary manslaughter; 1 year and 1 day;

54

JouRNAL OF THE SENATE,

about one-half of the sentence served with good prison record and clemency is not opposed by the solicitor-general and is recommended by all of the trial jurors. The record discloses a state of facts very much akin to a pure accident; pardoned December 19, 1929.
0. H. TOMPKINS: Johnson Superior Court; March term 1927; embezzlement; 3 to 3 years and 2 to 2 years; recommended by large number of citizens of the county where crime was committed and county where he served, including ministers of the Gospel, educators, county officials, solicitor-general, trial judge and the judge of the circuit where he was serving; pardoned December 19, 1929.
JOE COATES: Laurens Superior Court; July term 1922; murder; life; long and good service record and endorsed by citizens, officials, tri<d judge, solicitor-general and present judge and solicitor-general, and peculiar facts of the case; pardoned January 30, 1930.
E. B. STAPLETON: Grady Superior Court; September adjourned term 1917; felony; 12 months; it being made to appear by the statement of Judge Alexander Stephens that this applicant has lived an upright life; pardoned February 6, 1930. Not recommended by Prison Commission.
HENRY PINSON: Atl:>nta Criminal Court; September term 1927; possessing liquor; $1SO.OO; 7 to 12 months suspended sentence; he was fined and given a suspended sentence of 12 months, which expired more than a year ago; pardoned February 6, 1930.
VAN ARNOLD FULLER: Fulton Superior Court; March term 1929; larceny of auto; 1 to 5 years; youth of the prisoner and good prison record; recommended by the trial judge and solicitor-general; pardoned February 13, 1930.
H. S. CARSON: Chattooga Superior Court; September term 1926; embezzlement; 3 to 5 years; recommended by a number of reputable citizens; pardoned February 18, 1930.

FRJDAY, JuNE 26, 1931.

55

J. B. CROWLEY: Lowndes Superior Court; June term 1924; larceny from house; 1 to 2 years; it appearing that this applicant has lived an upright life and is making a good citizen; pardoned February 18, 1930. Not recommended by Prison Commission.
PALMER BLACKBURN: Fulton Superior Court; May term 1928; larceny after trust; 3 to 4 years; most excellent service; recommendations by an unusually large number of citizens of high standard and by the trial judge, Hon. Virlyn B. Moore; pardoned February 25, 1930.
HOWARD BARFIELD: Fulton Superior Court; July term 1929; larceny of automobile; 2 to 3 years; youth of prisoner and good prison record; clemency recommended by trial judge; pardoned April 9, 1930.
I. J. WRIGHT: Valdosta City Court; April and May
term 1928; two misdemeanors and unlawful shooting at another; 10 months; 10 months and 1 year; nearly 70 years of age, in poor physical condition; recommended by county officials and solicitor-general and was not opposed by the solicitor of the City Court where misdemeanor charges were preferred; pardoned May 1, 1930.
HARRY BISHOP: Fulton Superior Court; July term 1929; larceny of au to; 2 to 3 years; youth of the prisoner, good prison record; recommended by trial judge; pardoned May 1, 193C.
WILLIAM I. JENKINS: DeKalb Superior Court; October term 1927; embezzlement; 2~~ years; his conduct in service and under parole was good; pardon and restora-
tion of citizenship May :>, 1930.
JACK ODUM: Chatham Superior Court; August term 1925; manslaughter; 10 to 15 years; upright life since parole and Prison Commission recommends restoration of citizenship; pardoned May 9, 19:30.
J. D. KING: Fulton Superior Court; April term 1928;
manufacturing liquor; 1 to 3 years; it appearing this ap-

56

JouRNAL oF THE SENATE,

plicant has lived an upright life since his parole and is making a good citizen; pardoned May 1:), 1930. Not recom mended by Prison Commission.
L. W. LATHAM: Atlanta Criminal Court; November 1926 term; possessing liquor; $2:-iO.OO and 12 months suspended sentence; paid fine and recommended by the trial judge; pardoned May 2J, 1930.
CECIL :\IONS: 1\luscogee Superior Court; May term 1927; involuntary manslaughter; 2 to ;) years; it appearing that this applicant has lived an upright life and is desirous of making a good citizen; pardoned June ;l, Hl30. Not recommended by Prison Commission.
SHERRY DE).l:'\JIS: Lee County Superior Court; November term 190.\ murder; life imprisonment; it appearing that this applicant has lived an upright life and is desirous of making a good citizen, in order to encourage him; pardoned June 3, 19:10.
HARPER BELL: Fulton Superior Court; May term Hl27; robbery; 10 years; it appearing that the applicant and some other negroes were mixed up in an affair in which some money was involved, a small amount; never had any trouble before and upon the statement of Hon. Jos. T. Rose; pardoned June.-,, 1930. Not recommended by Prison Commission.
DENNIS HOOKS: Bibb Superior Court; February term Hl21; murder; life; sixty-six years old, poor health, an inmate of tuberculosis hospital at State Farm; served 7 1/z years with good record; pardoned June B, 1\!:30.
H. B. RA.WLS: Grady Superior Court; May adjourned term 192(-i; embezzlement; 2 to 5 years; recommended by trial judge, solicitor-general and jury who tried him; pardoned June 19, 1930.
DURAL TYRE: Jesup City Court; April term 1930; bastardy; 12 months or fine of $750.00; woman involved was such that created some doubt as to Tyre being the

FRIDAY, JuNE 26, 1931.

':17

father of her child; Tyre's wife and child have tuberculosis and he is confined at the tubercular ward at the State Farm; pardoned July 17, 1930. Not recommended by Prison Commission.
PAL M. DANIEL, JR.: Muscogee Superior Court; fall term 1916; embezzlement 3 to 5 years; appearing that applicant has kept the terms of his parole and has been living an upright life, in order to encourage him; pardoned July 30, 1930. Not recommended by Prison Commission.

EARL STRETCH: Muscogee Superior Court; ....... . term 1928; larceny after trust; it appearing that this applicant has been leading an upright life since his parole, and in order to encourage him in his effort to be a law abiding citizen; pardoned August ;), 1930. Not recommended by Prison Commission.
H. B. HOPKINS: Fulton Superior Court; December term 1922; possessing liquor; 3;)00.00 and 13 days in chaingang and 12 months suspended sentence; paid fine, conduct good under suspended sentence; no other charges against him; pardoned August 14,1930.

ROBERT ADAMS: Hart Superior Court; February term Hl25; seduction; 7 to 10 years; terms of parole have been kept; pardoned August U, 1930.
J. P. SL\IS: Hart Superior Court; February term Hl21;
manslaughter; 10 to 1.) ye<'.rs; terms of parole have been kept; pardoned August 1-l, HBO.

BENJAMI::\f WHITE: Chatham Superior Court; May

term 1929; larceny; 1 to 2 years; active pulmonary tuber-

culosis with perirectal fistula which is also tubercul<Jr in

nature; pardoned August 19, 1930. Not recommended by

Prison Commission.



J. W. FORD: Bibb Superior Court; April term 1925;
receiving stolen goods; 2 to 3 years; terms of parole have been kept; pardoned August 21, 1930.

58

JouRNAL OF THE SENATE,

FRED WRITHT: Webster Superior Court; January term 1930; making whiskey; 12 months; served most of his sentence and recommended by trial judge; pardoned August 27, 1930. Not recommended by Prison Commission.
RICHARD W. JORDAN: Fulton Superior Court; May term 1927; ................ ; 2 to 5 years; terms of parole have been kept; pardoned August 28, 1930.
ROBERT F. CRAIG: Fulton Superior Court; December term 1927; bribery; $250.00 or 12 months; service under suspended sentence after paying fine for more than the statutory period of the fine; pardoned September 4, 1930.
LOYD CARVER: Spalding Superior Court; January term 1930; manufacturing liquor; 2 years; recommended by a number of citizens of Griffin and Spalding County and by the trial judge, and petitioner has served since February 19, 1930; pardoned September 18, 1930.
JOHNNIE DIGBY: Sp<dding County Superior Court; February term 1930; manufacturing liquor; 1 year; recommended by trial jurors and trial judge; pardoned September 18, 1930.
M. L. SLATER: Morgan Superior Court; September
term 1929; manslaughter; 12 months; good conduct during parole period and recommendation of leading citizens; pardoned September 22, 1930. Not recommended by Prison Commission.
ERNEST ALLISON: Spalding Superior Court; February term 1930; manufacturing liquor; 1 year; recommended by trial judge; pardoned September 26, 1930.
OSCAR BAGLEY: Whitfield Superior Court; ........ . term; possessing liquor; 6 months; previously released by judge, youth, recommendation of G. E. Maddox, Sam P. Maddox and solicitor-general and assistant solicitor-general and ex-sheriff of Murray County; pardoned October 9, 1930. Not recommended by Prison Commission.

FRIDAY, JuNE 26, 1931.

59

W. M. THURSTON (DOCK THURSTON): Butts Superior Court; making whiskey; August term 1929; $75.00 fine and 12 months suspended sentence; paid fine, recommended by trial judge and sheriff; pardoned November 4, 1930. Not recommended by Prison Commission.
OSCAR SCOTT AND DOUGLAS SCOTT: Spalding Superior Court; February term 1930; manufacturing liquor; 2 years, 12 months; recommended by trial judge; companion cases to those who have been pardoned; pardoned November 6, 1930.
ELMER HUBBARD: Fulton Superior Court; November term 1928; forgery; 4 to 7 years; very young, good record; recommended by prosecutor and brother of young man whose name was forged, and others; pardoned November 13, 1930.
G. W. WILLBANKS: Dooly Superior Court; May adjourned term 1929; voluntary manslaughter; 1 year and 1 day; recommended by county officials and citizens and orally by presiding judge who heard motion for new trial; illegal verdict and that there was no sentence passed by the court. Matter submitted to attorney-general who rules, "In this case there is no sentence, and therefore it appears that the defendant or accused has been serving illegally." Pardoned December 20, 1930. Prison Commission recommends commutation to present service on payment of fine of $750.00.
LUTHER BONNER: Carroll Superior Court; July adjourned term 1929; voluntary manslaughter; 3 to 5 years; newly discovered evidence in affidavit form, physical condition; recommendation of eight jurors trying him as well as a large number of citizens; pardoned December 22, 1930. Not recommended by Prison Commission.
JOE JACKSON: Worth Superior Court; murder; life imprisonment; Prison Commission not being in session, the Governor conferred with Judge G. A. Johns, who recom-

60

JouRNAL OF THE SENATE,

mends clemency; recommended by trial judge, solicitorgeneral, sheriff and clerk of the court and others; pardoned December 24, 1930. Not recommended by Prison CommissiOn.
GORDON COUCH: Gordon Superior Court; February term 1920; burglary; recommended by trial jury, representative citizens, the prosecutor and the solicitorgeneral; pardoned January 23, 1931.
W. J. BASSETT: Upson Superior Court; July adjourned
term 1927; assault to murder; 1 years; applicant served most of his parole and it appears that he is living an upright life, and in order to encourage him in his effort to become a good citizen; pardoned January:)(), 19:31. Not recommended by Prison Commission.
A. C. KIMSEY: Wilkinson Superior Court; October term 1\l2G; vo:un tary manslaughter; 2 to ;~ years; terms of parole have been kept; pardoned February .), 1\l:H.
R. :\. ELLEN: Clayton Superior Court; :\ugust term Hl14; bigamy; S200.00 or 12 months; good record; recommended by prosecutor, judge, warden, former solicitor; pardoned February 27, 1\);) 1.
FOSTER D:\.Y: Douglas Superior Court; September term 192~1; robbery; :1 to () years; ment2lly deficient to the point of insanity and in order that he may be committed to the State Insane Asylum; pardoned conditionally I\Iarch 5, 1g;)l,
NEEDHAM TINSLEY: Walker Superior Court; May term 1\1:30; assault to rape; 1 to 10 years; physical condition; applicant shell shocked in World War and was discharged as an epileptic; pardoned March 4, 1931. Not recommended by Prison Commission.
H. F. FLEMING: Fulton Superior Court; September term Hl29; robbery; 2 to 3 years; recommended by trial judge with explanation from solicitor-general; poor physical

FRIDAY, JuNE 26, 1931.

61

condition and good service record; pardoned March 18, 1931.
GORDON B. DONALDSON: Bulloch County Superior Court; October term 1929; stealing baled cotton; 2 years; recommended by tri<:d judge and solicitor-general.
ALFRED HALL: Telfair Superior Court; January term 1912; murder; life imprisonment; long service; good record; recommendation of solicitor-general and mitigating circumstances; pardoned March 26, 1931.
JIl\1 CLARY: Gordon Superior Court; February term
1929; robbery; 11 years; recommended by numerous citizens and officials as well as the trial judge and solicitor-general. He has served over two years of a four year sentence and is a young man; pardoned \larch 2G, 1931.
GR:\DY l\IULLINA.X: Gordon Superior Court; February term Hl2\l; robbery; 4 years; recommended by numerous citizens and officials as well as the trial judge and solicitor-general. Served over two years of a four year term and is young; pardoned l\1arch 2(), 1931.
l\IACK E:\SON, ALIAS BULGER EASON: Jasper County Superior Court; August term 1928; voluntary manslaughter;:> to 10 years; recommended by a large number of citizens, county officials and trial judge; pardoned April 9,1931.
LESTER l\1. LEWIS: Cobb County Superior Court; 1\Iarch term 1\)28; burglary; 3 to 5 years; citizenship restored; pardoned ~-\pril 1, 1931.
E. C. :\NCHORS, :\LIAS "RED": Bibb Countv Superior Court; :\pril 1\UO; embezzlement; 2 years; r~com mended by Dr. Richard Binion, State Farm physician, solicitor-general and trial judge; pardoned April 1G, Hl:H.
MORRIS LUMPKIN: Soperton City Court; August term 1\l:)O; assault with intent to murder; 12 months; served two-thirds of sentence with good prison record;

62

JouRNAL oF THE SENATE,

is suffering with appendicitis; recommended by the judge of the City Court and solicitor of City Court; pardoned April 28, 1931.
HAROLD HENDERSON: Forsyth County Superior Court; November adjourned term 1930; felony; 12 months; the trial judge appeared in behalf of this applicant and states that if he had been on the bench this sentence would have been suspended, and now urges a pardon; pardoned May 8, 1931. Not recommended by the Prison Commission ..
HENRYS. NORRIS: Emanuel County Superior Court; January term 1930; murder; life; recommended by presiding judge and solicitor-general and the county commissioners of Richmond County; pardoned May 8, 1931. Not recommended by the Prison Commission.
BILL H. MOORE: Glynn County Superior Court; May term 1920; rape; 10 to 20 years; recommended by grand jurors, jurors and a large number of citizens and the
solicitor-general and Judge J. P. Highsmith; pardoned
June 18, 1931.

PROBATIONS: All probations recommended by the Prison Commission, except where stated.
ROY JONES: Swainsboro City Court; April term 1929; possessing whiskey; 12 months; recommended by trial judge; probated August 5, 1929.
LESTER HUGG: Walton Superior Court; November term 1928; misdemeanor; 12 months; good prison record of young man; recommended by trial judge and solicitorgeneral; probated August 10, 1929.
NEAL COOK: Pike Superior Court; November term 1928; possessing liquor; 12 months; recommended by trial judge and solicitor-general; good record; probated August 10, 1929.

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63

SUE D. HENDERSON: Waycross City Court; January term 1929; misdemeanor; 12 months; recommended by judge; probated August 22, 1929.
CHESTER BERRY: Newton County Superior Court; March term 1929; attempting to make liquor; recommended by trial judge; probated August 29, 1929.
HORACE T. SMITH, JR.: Muscogee Superior Court; July term 1928; possessing fictitious checks; 48 man ths; recommended by trial judge, solicitor-general and others; young and not mentally strong; probated September 12, 1929.
J. W. DAY: Milton Superior Court; August term 1928;
violating prohibition law; $400.00 or 12 months; recommended by officers of county where convicted; age of defendant, 67; probated September 12, 1929.
MARSHALL HOOKS: Sandersville City Court; January term 1927 and October term 1928; possessing whiskey and carrying pistol unlawfully; recommended by county officials, including trial judge; probated September 26, 1929.
0. W. BOWEN: LaGrange City Court; December term 1928; misdemeanor; 12 months; poor physical condition as shown by letters of county physician, Dr. F. M. Ridley; probated September 26, 1929.
WILLIAM ARNOLD: Dooly Superior Court; November term 1928; violating prohibition law; $600.00 and 6 months; paid fine of $()00.00; served nearly 4 of a 6 months' sentence; not opposed by solicitor-general; probated October 10, 1929.
LUTHER WIGGINS: Douglas City Court; November term 1927; selling whiskey; $100.00 and 12 months; paid fine and served about half of suspended sentence and clemency recommended by court officials; probated October 21, 1929.
JANIE BRADDOCK: Charlton County Court; March term 1929; drunk on highway; 12 months; recommended

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by citizens and solicitor and judge; probated November 14, 1929.
W. F. BARNES OR BONDS: Decatur City Court; June term 1929; violating prohibiton law; 12 months; recommended by solicitor, county officials, and others; probated November 21, 1929.
TOM CARTER: Paulding Superior Court; February term 1929; manufacturing liquor; 1 to 2 years; recommended by judge and solicitor-general; probated December 23, 1929.
PAUL PARRISH: Lowndes Superior Court; :\lay term 1929; simple larceny; 12 months and 12 months; probated January 2, 1929.
A. D. EVERSON: Mitchell Superior Court; October term 1D2\l; simple larceny; 6 months; probated January 4, 1930.
H. CALLAW:\Y: Hinesville City Court; September term Hl2\l; having and possessing liquor; 9 months and $50.00; recommended by trial judge and by Hon. W. C. Hodges, Judge City Court of Hinesville; probated February 4, 19:10.

W. T. PATRICK: Sylvania City Court; June term 1928; possessing liquor; 8250.00 and 12 months suspended sentence; paid fine of 8250.00; recommended by trial judge; probated February G, 1930.
W. H. CAWTHO~: Elberton City Court; .-\ugust term 1929; misdemeanor; 12 months or 3 months and 8350.00; recommended by trial judge; probated February 27, 1930.

CLARENCE WELCH: Floyd Superior Court; October term 1929; burglary; 12, 12 and 12 months; condition of family and clemency recommended by solicitor-general, county officials and trial judge; probated March 20, 1930.

FRIDAY, JuNE 26, 1931.

65

RILEY HIGGS: Douglas City Court; August term 1929; public drunkenness; 12 months; recommended by trial judge; probated April 10, 1930.
JIM, ALIAS SPORT ARNOLD: Athens City Court; June term 1929; having whiskey; $200.00 or 12 man ths; recommended by trial judge and solicitor; served major part of sentence; probated April21, 1930.
T. M. CROW: Elberton City Court; November term 1929; possessing liquor; 6 months and $500.00; served two-thirds of sentence and paid $500.00 fine and is in poor physical condition; probated May 1, 1930.
B. M. CHENEY: Henry Superior Court; September term 1929; selling liquor; 12 months; recommended by trial judge, and served about six months of sentence with good record; probated May 1, 1930.
CHESTER THAXTON: Bibb County Superior Court; February term 1930; making liquor; 6 months; recommended by trial judge; poor physical condition; probated May 1,1930.
HENRY H. MICKLER: Chatham Superior Court; March term 1930; robbery; 3 months; recommendation of trial judge coupled with the youth of prisoner and the fact that his mother is in another state reported in dying condition; probated April :10, 19;)().
DOCK TAYLOR: L1mar Co~mty Superior Court; September term 1929; violating prohibiton law; recommended by trial judge; 12 months; probated May 8, 1930.
CHARLIE GREEN: Ware Supsior Court; May adjourned term 1929; cattle stealing; $200.00 or 12 months; recommended by judge, solicitor-general and prosecutor; served more than six months of s~ntence; probated May 12, 19:30.
LEE THIGPEN: Douglas City Court; August term 1927; misdemeanor; $100.00 and 12 months suspended

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JouRNAL OF THE SENATE,

sentence; $40.00 and 3 months to run concurrently; recommended by trial judge, solicitor and sheriff; probated May 22, 1930.
WILLIAM HARBUCK: Webster Superior Court; October term 1929; having whiskey; 12 months or $125.00; served more than two-thirds of sentence with good record; recommended by a large number of citizens; probated June 19,1930.
ROY MANLEY: Pike Superior Court; February term 1930; making liquor; 12 months; Prison Commission recommends probation on payment of fine of $50.00; served over four months with good record; recommended by county officials that sentence be probated on payment of reasonable fine; probated July 16, 1930.
U. S. JOH~SON, ALIAS R. V. REID: Waycross City Court; Septem her term 1929; misdemeanor; 12 months, 12 months and 8 months; sad condition of dependent family and recommended by trial judge; probated July 28, 1930.
JAMES OGLETREE: Lamar Superior Court; December term 1929; having whiskey; 12 months; poor physical condition of prisoner and clemency favored by trial judge and others; probated July 28, 1930.
0. T. PETTY: Crisp Superior Court; February term 1930; possessing liquor; 12 months or $100.00; destitute condition of his family and recommended by trial judge, solicitor-general and court officers; probated July 30, 1930.
ARRIELLA LEWIS: Chatham Superior Court; June term 1930; distilling liquor; 3 months in jail; recommended by trial judge and others; age of prisoner; probated July 30, 1930.
HUGH WHITWORTH: Athens City Court; March term 1930; transporting and possessing liquor; 12 months and $50.00 or 6 months; recommended by large number of excellent citizens of county where he was reared as to previous character, youth, first offense; probated July 31, 1931.

FRIDAY, JuNE 26, 1931.

67

ALBERT TOOKE: Swainsboro City Court; May term 1930; violating traffic laws; 12 months; recommended by trial judge; probated August 14, 1930.
RAYMOND GILBERT: Chattahoochee Superior Court; March term 1929; assault with intent to murder; 12 months; served about one-half of sentence with good record; recom mended by trial jurors and a large number of citizens; probated August 21, 1930.
PRESTON O'BERRY: Waycross City Court; December term 1929; misdemeanor; 12 months; served about two-thirds of sentence with good record, recommended by a number of citizens, including county officials and representatives of the county and judge and solicitor do not oppose clemency; probated August 28, 1930.
SAM CROSS: Danielsville City Court; April term 1930; simple larceny; 9 months; recommended by the prosecutor, many citizens, county officers, judge and solicitor; probated September 4, 1930.
JIM EATON: Walton Superior Court; January term 1930; violating prohibition law; 12 months or $125.00; recommended by trial judge and solicitor-general; probated September 6, 1930.

JOHN BAILEY: Cartersville City Court; Decemher term 1929; misdemeanor; $45.00 and put on probation; recommended by trial judge and solicitor of City Court of Cartersville; probated Sept~mber 18, 1930.

W. A. JOHNSON: Terrell Superior Court; June special term 1929; possessing liquor and accessory to manufacturing liquor; $1,000.00 or 24 months; Prison Commission recommended probation on payment of the sum of $300.00; poor physical condition and service since January 31,
1930; recommended by trial judge, Han. M. J. Yeomans;
probated September 20, 19:10.

68

JouRNAL. oF THE SENATE,

JOE CARR: Henry County Court; November term 1928; violating prohibition law; 12 months in three cases; recommended by trial judge; probated Septemher 26, 1930.
EARL REDFEARN: Thomas Superior Court; April term 1930; misdemeanor; 12 months or $50.00; youth of applicant, numerous recommendations, coupled with good prison record; probated October 9, 1930.
DOCK, ALIAS MOSE VINING: Putnam Superior Court; September term 1929; violating prohibition law; 12 months; Prison Commission recommended probation on payment of the sum of $100.00 in court; poor physical condition of petitioner; recommended by trial judge, present solicitor-general and numerous county officials; probated October 16, 1930.
COOT SMITH: Waycross City Court; December adjourned term Hl29; misdemeanor (simple larceny); 8100.00 or 12 months; good prison record of applicant with nearly nine months' service and recommended by the trial judge; probated October 16, 1930.
FRED SMITH: Oconee Superior Court; January term 1930; violating prohibition law; $125.00 or S months; served about five-eighths of sentence with good record; recommended by sheriff, county commissioners, trial judge and numerous others; probated October 16, 1930.
WILLIAM .LASHLEY: Ben Hill Superior Court; January term 1930; violating prohibition law; 12 months; poor physical condition; recommended by trial judge and solicitor-general; October 30th probated, 1930.
LYNCH SMITH: Coweta Superior Court; March term 1930; burglary; 12 months; extreme youth of applicant, good service for nearly 8 months, favored by number of citizens, including county officials and the solicitorgeneral of the circuit; probated November 6, 1930.
LONDON SAMUEL: Sandersville City Court; July term 1930; possessing liquor, $100.00 or 12 months; recom-

FRIDAY, JuNE 26, 1931.

69

mended by trial judge and solicitor of City Court of Sandersville; probated December 4, 1930.
GEORGE OGLESBY: Walker Superior Court; February-August term 1929; selling liquor, transporting liquor; 12 months and 6 months in jail or 9 months and $350.00; $200.00 and 12 months and 6 months in jail; wife died during his incarceration leaving several children who need his attention; recommended by solicitor-general and a number of county officials; served all of his sentence except a month and a half; probated December 11, 1930.
JOE GRIGGS: LaGrange City Court; June term 1929; violating prohibition law; 12 months and 6 months in jail or $250.00; Prison Commission recommended probation on payment of 8250.00; recommended by solicitor and judge of City Court; probated December 1~, 1930.
BERTAH 1\I. COX: Fulton Superior Court; March term 1926; misdemeanor and forgery; 3 months; 3 months; 6 months; 5 to 6 years; poor physical condition; good service record of nearly fi years; recommended by solicitor-general; probated December 18, 1930.
MRS. J. C. GROOMS: Colquitt Superior Court; April
term 1930; misdemeanor; 12 months; recommended by Dr. Richard Binion, Solicitor-General Spurlin and trial judge; morphine addict; probated December 22, 1930.
BROOKS GAMMAGE: Sumter Superior Court; November term 1929; having whiskey; 6 months, 12 months or $100.00 and 6 months; served about eight months of two sentences imposed by two courts with good record, and the judge who imposed the first sentence which he has served recommends clemency; probated January~' 1930.
J. W. ALLDAY: Cairo City Court; October term 1930; simple larceny; 4 months on probation; one of conditions of probation sentence was the payment of costs, but within the time provided the prisoner failed to pay costs and the probation was suspended, served more than a month and

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JouRNAL oF THE SENATE,

probation was recommended and that he be released to serve the remainder of sentence outside, served with good record; probated January 9, 1930.
JESSE PINES: Webster Superior Court; April term 1930; adultery and fornication; 12 months; Prison Commission recommends re-instatement of probation; good prison record of over 8 months, and clemency is recommended by the trial judge; probated January 9, 19:31.
W. T. McCAULEY: Dade Superior Court; September
term 19:30; misdemeanor; 12 months and S100.00 fine; recommended by trial judge and a number of citizens; probated January 22, 1931.
SAM BURKE: Screven Superior Court; November adjourned term 1930; possessing liquor; Prison Commission recommends probation on payment of the sum of $50.00; order so recommending passed by the trial judge; probated January 29, 19:31.
WILLIE PLAYMALE: Macon County City Court; August term 1930; misdemeanor; 12 months; recommended by a number of citizens, including the trial judge and solicitor; probated February 11, 1931.
PAUL COX: Danielsville City Court; fall term 1930; misdemeanor; 6 months; recommended by the solicitor, trial judge and county officials; probated February 27, 1931.
G. N. GROVES: Walker County Superior Court; November term 1930; possessing liquor; 12 months and 6 months in jail or 9 months and $300.00; Prison Commission recommended probation on payment of $100.00; poor physical condition, service of about three months with good record; probated March 5, 19:31.
SAM WARE: Walker County Superior Court; February term 1930; assault and battery; 12 months, 6 months in jail or 9 months and $50.00; Prison Commission recom-

FRIDAY, JuNE 26, 1931.

71

mended probation on payment of $25.00; good record of service in chaingang for six months, and clemency recommended by court officials and solicitor-general; probated March 5, 1931.
SAM SEALS: Paulding County Superior Court; February term 1930; stealing calf; recommended by a number of citizens, including county officials, physician on account of his poor physical condition, and by the trial judge; probated March 5, 1931.
EPP STARKE: Randolph Superior Court; May term 1930; possessing liquor; 6 months and 12 months or S100.00; served nearly one-half of sentence with good record, other sentence of6 months served; probated March 26, 1931.
HOWARD HOLLIS: City Court of Athens; February term 1930; stealing chickens; 12 months and 6 months; has already served 12 months in one case and in second case for a period of six months with an option of fine of $50.00; there are numerous letters in file in his behalf; probated April9, 1931.
NANCY COOPER: Bainbridge City Court; March term 1930; having and selling whiskey; 12 months and 12 months and 6 months in jail; on account of poor physical condition; probated April Hi, 1931.
WILL ALLEN: Cobb County Superior Court; November term 1930; possessing liquor; 12 months or $100.00; recommended by the trial judge and solicitor-general; probated May 7, 1931.
JOHN SMITH: Douglas City Court; February term 1930; misdemeanor; 12 months; recommended by the trial judge and solicitor; probated May 7, 19:-n.
HENRY HARLOW: Miller County City Court; June term 1930; possessing liquor; $75.00 or 8 man ths; recommended by trial judge, jurors, county physician, warden and citizens; probated May 7, 1931.

72

JouRNAL oF THE SE:NATE,

J. N. McGEE: Columbus City Court; April term 19:31; misdemeanors; 6 months in jail, or fine of Sl,OOO.O) in lieu of jail sentence; 6 months in chaingang; extremely poor physical condition and clemency recommended by number of reputable citizens including county commissioners, etc.; probated May 8, 19~H.
MARTHA BAILEY: Early County Superior Court; April term 1\)31; selling liquor; 6 months; poor physical condition, two children dependent upon her, and recommended by county officials; probated May D, 1\:):31.
JOHN WADE: Clarke County Superior Court; October term 1930; \l months; receiv:ng stolen goods; recommended by county commissioners, county officials, and a brge number of citizens of Clarke County; probated \Iay 19, 1931.
JOHN HENRY LITTLE: Putnam County Supe:ior Court; March term 1\):30; having liquor; 12 months or S200.00; recommended by a hrge number of citizens and by the trial judge; probated May 21, 1931.
GEORGE T. HULME: City Court of Elberton; February term 1931; violating prohibition law; S150.00 and 6 months recommended by judge, solicitor, officials and others; probated June 12, 1931.
RALPH SWINT, ALIAS WORTHY ROEBUCK: Heard County Superior Court; September term 1928; assault to murder and shooting at another; 2 years and 12 months; recommended by trial judge and solicitor-general and he has completed the first sentence; also recommended by the jurors who tried said applicant; probated June 18, 1931.

PAROLES: All paroles were recommended by the Prison Commission, except where stated.
BELER CRANE: Lumpkin Superior Court; October term 1921; murder; life; recommended by jurors, county officers and trial judge; paroled July 11, 1929.

FRIDAY, JuNE 26, 1931.

73

JOHN MILLER: Wilkinson Superior Court; April term 19,23; manslaughter; 20 years; recommended by trial judge and solicitor-general; paroled July 11, 1929.

W. A, RIVENBARK: Liberty Superior Court; September term 1926; voluntary manslaughter; 15 to 20 years; recommended by citizens and jurors, trial judge and solicitor-general raise no objection; paroled July 11, 1929.

CLEVELAND ROBERSON: Bibb Superior Court; May term 1924; burglary; 20 years; recommended by trial judge and solicitor-general; paroled July 11, 1929.

CAUSEY RILEY: Ben Hill Superior Court; November term; murder; life; applicant has served with good record more than ten years; not opposed by trial judge and a number of citizens recommend clemency; paroled July 12, 1929.
ROBERT ADAMS: Hart Superior Court; February term 192;); seduction; 7 to 10 years; recommended by the trialjudge; paroled August 1,1929.
J. C. VICKERY: Franklin Superior Court; January term 1925; voluntary manslaughter; 12 to 15 years; recommended by citizens, jurors, ministers and trial judge and no opposition was raised by the solicitor-general; paroled August 1, 1929.
WILL BOYD: Whitfield Superior Court; October term 1925; kidnapping; 7 years; recommended by judge and solicitor-general; paroled August 2, 1929.
Wm. I. JENKINS: DeKalb Superior Court; October term 1927; embezzlement; 2;,1 years; began service October 21, 1927, and record has been good; paroled August 7, 1929.

TEE GHOLSTON: Gwinnett Superior Court; September term 1927; burglary; 3 to 5 years; recommended by judge and prosecutor; paroled August 10, 1929.

74

JouRNAL OF THE SENATE,

LESTER LEWIS: Cobb Superior Court; March term 1928; burglary; 3 to 5 years; recommended by the judge; paroled August 26, 1929.
CLYDE HOOD: Cobb Superior Court; July term 1927; misdemeanor and burglary; 12 months and 2 to 5 years; recommended by prosecutor, trial judge and solicitorgeneral; paroled September 12, 1929.
RUFUS GANT: Jenkins Superior Court; March term 1922; manslaughter; 10 to 20 years; recommended by court and county officials, the trial judge, solicitor-general and county commissioners; paroled September 12, 1929.
LULA JACKSON: Fulton Superior Court; May term 1927; assault with intent to murder; 2 to 3 years; served with good prison record since February 22, 1928; paroled September 26, 1929.
HARRY LANGFORD: Fulton Superior Court; June term 1928; robbery; 20 years; recommended by county physician, trial judge and solicitor; paroled September 26, 1929.
OTIS DARNELL: Hall Superior Court; July term 1920; murder; life; recommended by county officials, special prosecuting attorney, Judge W. B. Sloan and trial judge; paroled September 26, 1929.
WILLIS GLAZE: Jackson Superior Court; February term 1923; murder; life; prison record good; attorney who assisted the State in prosecution makes an affidavit that he is convinced that Glaze was not responsible for the death of the deceased but that it was due to the act of one of the other defendants; paroled October 3, 1929.
ALVIN RIDER: Lumpkin Superior Court; October term 1927; voluntary manslaughter; 5 to 7 years; recommended by county officials, jurors and a large number of citizens; paroled October 3, 1929.
AMOS McGILL: Worth Superior Court; November term 1919; murder; life i~prisonment; recommended by

FRIDAY, JuNE 26, 1931.

75

Jurors, citizens and county officials; paroled October 10, 1929.
OLIN RAY: Gilmer Superior Court; May term; murder; life; recommended by judge and solicitor-general; paroled October 10, 1929.
NEEHAM COLLINS: Tattnall Superior Court; July adjourned term 1920; murder; life imprisonment; recommended by county officials and many citizens; paroled October 10, 1929.
E. D. FLYNN, ALIAS ED CHISHOLM: Fulton Superior Court; July term 1928; larceny of auto (2 cases); 2 to 3 years and 12 months, all concurrent 2 to 3 years; recommended by judge and solicitor-general; paroled October 21, 1929.
ADAM BARRS: Cook Superior Court; February term 1928; voluntary manslaughter; 3 to 5 years; recommended by presiding judge; paroled October 22, 1929.

FREDDIE GOBLE: Gilmer Superior Court; May term; murder; life; served with good prison record since May 22, 1922; parole was recommended for Olin Ray, a co-defendant; paroled October 24, 1929.

WILLIE WILLIAMS: Worth Superior Court; February term 1922; murder; life; served with good record since February 23, 1922; paroled October 24, 1929.

JOHN MORGAN: Whitfield Superior Court; October term 1919; murder; life; served with excellent prison record since January 14, 1920; recommended by solicitor-general; paroled October 24, 1929.

GEORGE STEEDLEY: Pierce Superior Court; November term 1926; voluntary manslaughter; 4 to 15 years; recommended by citizens, trial jurors, grand jurors, etc., and brother of deceased man; paroled October 31, 1929.

76

JouRNAL OF THE SENATE,

BRAG BRYAND: Dooly Superior Court; November term 1920; murder; life; recommended by judge, solicitorgeneral and jurors; paroled November 7, 1929.

CHARLIE WATKINS: Laurens Superior Court; October term 1927; involuntary manslaughter; 1 to 2 years; served since January 2:3, 1928, with good prison record; paroled November 8, 1929.

W. M. DRAYTON: Richmond Superior Court; "\fovember term 1916; murder; life; recommended by presiding judge; paroled November 12, 1929.
D. A. DAVE GOLDIN: Haralson Superior Court; July adjourned term 1927; assault to murder; 2 to 5 years; recommended by trial judge and solicitor-general; paroled November 21, 1929.
HOBSON VICKERY: Hart Superior Court; December adjourned term 1924; manslaughter; 10 to 15 years; recommended by jurors, county officials and many citizens who are familiar with the history of the case; paroled "!\'ovcmber 27, 1929.
MARK (MARTIN) ROBERSON: Bartow Superior Court; July term 1928; burglary; 2 to 3 years; applicant has served since July 2'3, 1928, with good pris:Jn record; paroled December :3, 1929.
ALFRED E. BROOKS, ALIAS CLAUD B. LANE: Fulton Superior Court; September term 1928; larceny of auto; mis:iemeanor; 2 to 3 years; 12 months; 2 to ;) years concurrent; recommended by solicitor-general, the judge, the prosecutor, county commissioners and a large number of citizens; paroled December 4, 1929.
CALVIN RAY: Haralson Superior Court; July term 1926; voluntary manslaughter; 7 to 10 years; served since October 7, 192G, with good prison record; paroled December 1, 1929.

FRIDAY, JuNE 26, 1931.

77

CORNELIUS WEEMS: Spalding Superior Court; June term 1925; burglary; 7 to 10 years; served since June 1925 with good prison record; paroled December 5, 1929.
HARLEY GUNDY: Washington Superior Court; March term 1919; murder; life; served since March 21, 1919, with good prison record; paroled December 5, 1929.
P. E. WEBB: Newton Sup~rior Court; October term 1920; murder; life; recommended by jurors, the sheriff and many well known citizens; paroled December 10, 1929.
JIM SCOTT: Rockdale Superior Court; October term 1917; 20 years; manslaughter; served more than nine years, and recommended by all county officers; paroled December 12,1929.
JOHN A. ALFORD: Treutlen Superior Court; February term 1919; murder; life; served since March 10, 1919, with good prison record; paroled December 13, 1929.
E. R. LUFFl\IA.N: Gordon Superior Court; May adjourned term 1927; murder; life; recommended by trial judge and solicitor-general; paroled December 19, 1929.
JAMIE BUFFINGTON: Jackson Superior Court; October term 1927; robbery; 5 to 10 years; applicant has served since October 24, 1927, with good prison record; paroled December 19, 1\Wl.
LEE KI0J:-.JEY: Fulton Superior Court; :\lay term 1927; involuntary manslaughter; 2 to 3 years; recommended by trial judge, county commissioners of Troup County where he has served and a large number of citizens of Jackson County; paroled December 19, 1929.
SA :VI REESE: Jasper Superior Court; August term 1921; murder; life; recommended by tri,al judge and solicitorgeneral; paroled December 19, 1929.
SAM ZACHRY: Coweta Superior Court; l\larch term 1926; larceny of cow and horse; 1 years and 2 years; served

78

JouRNAL oF THE SENATE,

with good prison record since March 5, 1926; paroled December 19, 1929.
BUS COOK: Wilcox Superior Court; July adjourned term 1928; manslaughter; 3 to 5 years; paroled January 2, 1930.
WILLIE TAYLOR: Laurens Superior Court; October adjourned term 1928; hog stealing; 2 years; recommended by prosecutor, solicitor and county officials as well as presidingjudge; paroled January 30, 1930.
FRANK W. WHITE: Fulton Superior Court; October term 1928; embezzlement; 2 to 5 years; recommended by trial judge, solicitor-general and prosecutor; paroled January31, 1930.
ED GLENN: DeKalb Superior Court; October special term 1925; voluntary manslaughter; 10 to 15 years; application endorsed by good citizens and is not opposed by the solicitor's office; paroled February G, 1930.
SEAB SEARCY: Baker Superior Court; January term 1928; voluntary manslaughter; 5 to 8 years; recommended by grand jurors, county officials, trial judge and others; paroled February 6, 1930.
MARION HILL: Muscogee Superior Court; February term 1925; voluntary manslaughter; 11 to 15 years; served since February 1, 1926, with good prison record; paroled February G, 1930.
Wm.. E. HOGG: Lowndes Superior Court; November term 1928; larceny after trust; 2 years; recommended by trial judge and solicitor-general; paroled February G, 1930.
MOLLIE NORWOOD: Dodge Superior Court; DBcember term 1919; murder; life imprisonment; recommended by solicitor-general; paroled February 6, 1930.
STEVE SIMMONS: Terrell Superior Court; May term 1919; murder; life; served with good prison record since June 24, 1919; paroled February 27, 1930.

FRIDAY, JuNE 26, 1931.

79

MAG McGIRT: Emanuel Superior Court; April term 1928; assault to murder; 2 to 3 years; recommended by trial jury, trial judge, solicitor-general, and others; paroled February 27, 1930.

LESTER LEON FOWLER: Fulton Superior Court; July term 1928; larceny of auto; 2 to 3 years; recommended by trial judge and solicitor-general; paroled March 6,1930.

KING GREEN, ALIAS ARCH PETERSON: Decatur Superior Court; May term 1921; murder; life; recommended by judge and solicitor-general; paroled March 7, 1930.
ED LEE MORRIS: Fulton Superior Court; August term 1926; assault to murder; 3 to 5 years; recommended by a large number of citizens, including jurors; paroled March 20, 1930.
DOCK GRIGGS: Gilmer Superior Court; May term 1927; burglary and misdemeanor; 12 months, 12 months and 2 to 4 years; recommended by trial judge; paroled March 20, 1930.
LOUIS PHILLIPS: Treutlen Superior Court; August term 1924; murder; life; previous history of difficulties in community which led up to the applicant's church difficulty and to his drinking produced an alcoholic condition which caused him to commit murder, and on account of his chronic alcoholic condition he did not know what he was doing or the effect of the crime that he committed as to right and wrong; paroled March 20, 19:)0.
J. FRED EDWARDS: Talbot Superior Court; March
term 1919; murder; life imprisonment; recommended by trial judge; paroled March 20, 19:30.
GROVER ISON: Spalding Superior Court; November term 1922; murder; life; recommended by trial judge; paroled March 20, 1930.

80

JouRNAL OF THE SENATE,

LEE BENTON: Muscogee Superior Court; August term 1923; murder; life; recommended by trial judge and solicitor-general; paroled March 27, 1930.
J. W. CURRAN: Fulton Superior Court; June term 1927; larceny of auto; 5 years; recommended by prosecutors and trial judge; paroled April 10, 1930.
BUSTER SHACKLEFORD: Fayette Superior Court; December term; burglary; 5 to 10 years; recommended by judge and solicitor-general; paroled April 10, 1930.
CLATE WHITE: Quitman Superior Court; March term 1928; burglary; 3 to 5 years; served since March 19, 1928, with good prison record; paroled April 17, 1930.
WILL LEWIS: Muscogee Superior Court; November term 1921; assault to murder; 10 years; recommended by trial judge; paroled April 21, 1929.
GOLDEN CLARK: Fulton Superior Court; December term 1927; misdemeanor and larceny; 12 months; 1 to 2 and 1 to 2 years; recommended by trial judge and solicitorgeneral; paroled May 1, 1930.
WILL JOHNSON: Randolph Superior Court, May term 1922; murder; life; recommended by 8 of trial jurors, being all of the jury now in the State, and by the prosecutor, a kinsman of the dead man; paroled May 1, 1930.
ROBERT WILLIAMS: Gordon Superior Court; February term 1929; burglary; 2 years; recommended by prosecutor and the trial judge as well as the solicitor-general; paroled May 1, 1930.
MELTON WILSON: Fulton Superior Court; November term 1928; burglary; 2 years; recommended by a number of citizens and officials; paroled May 1, 1930.
GARLAND GIGNILLIAT: Fulton Superior Court; September term 1927; larceny of automobile; 2 to 3 years; recommended by trial judge and arresting officer; paroled May 1, 1930.

FRIDAY, JuNE 26, 1931.

81

CLYDE POPE: Fulton Superior Court; November term 1928; burglary; 2 years; recommended by a number of citizens and officials; paroled May 1, 1930.
GEORGE CAMPBELL: Fulton Superior Court; September term 1925; burglary; 3 to 5 years and 2 to 5 years; recommended by the judge and solicitor-general; paroled May 8, 1930.
FRED COWART: Miller Superior Court; April term 1925; mayhem; life; recommended by a large number of prominent citizens, including lawyers, State and county officials, members of the Assembly, a member of Congress, bankers, editors, and many others; paroled May 12, 1930.
WILLIE WILLIAMS: Habersham Superior Court; November term 1927; voluntary manslaughter; 4 to 20 years; served since June 25, 1928, with good prison record; lost leg since entering service; paroled June 19, 1930.
EMORY BUFFINGTON: Jackson Superior Court;
February term 1927; robbery; 4Yz to 10 years; recommended
by cashier of bank robbed and solicitor-general and large number of citizens; paroled June 19, 1930.
ROBERT F. DEYOUNG: Fulton Superior Court; July term 1928; larceny of auto; 1 to 5 years in 3 cases consecutive; recommended by trial judge; paroled June 19, 1930.
FRANK BATES: Fulton SuperiGr Court; February term 1919; murder; life; in view of extenuating circumstances under which the murder was committed, and on account of the services rendered the State during the World War in caring for the sick, and his efforts to prevent convicts from escaping I feel that he is due some consideration; paroled June 19, 1930.
W. J. BASSETT: Upson Superior Court; July adjourned
term 1927; assault to murder; 4 years; recommended by trial judge; paroled June 19, 1930.

82

JouRNAL OF THE SENATE,

CHARLIE SMITH: Union Superior Court; October term 1927; burglary; 7 years; recommended by trial judge, solicitor-general and prosecution; paroled June 23, 1931.

JACK SAULS: Union Superior Court; October term 1927; burglary; 7 years; recommended by trial judge, solicitor-general and prosecution; paroled June 23, 1930.

ELMER FUTCH: Evans Superior Court; April adjourned term 1928; larceny; 3 years; favored by a large number of citizens where the crime was committed, and the petition in his behalf is filed by the board of commissioners of Jasper County where he served because of his good record; paroled July 10, 1930.
C. H. BAXTER: Fulton Superior Court; January term 1928; forgery; 3 to 7 years; began service January 17, 1929, and served since that time with good prison record; paroled July 17, 1930.
HENRY FELDER, JR.: Dooly Superior Court; August term 1915; murder; life; recommended by board of county commissioners of Candler County where he served, by warden, a large number of citizens and the solicitor-general; paroled July 17, 1930.
DOTY PALMER: Clay Superior Court; spring term 1908; murder; life; recommended by county officials of Dooly County and a number of citizens, long faithful service and good record coupled with his physical condition; paroled July 17, 1930.
JOHN ODUM: Putnam Superior Court; September term 1925; voluntary manslaughter; 15 years; recommended by trial judge and solicitor-general; paroled July 17, 1930.
OLIN MOORE: DeKalb Superior Court; March term 1929; burglary; 2 years; recommended by trial judge and solicitor-general; paroled July 17, 1930.

FRIDAY, JuNE 26, 1931.

83

TOM MITCHELL: Worth Superior Court; December term 1917; murder; life; recommended by a number of citizens, including county officials and the judge and solicitor; paroled July 24, 1930.
JIMMIE McDONALD: Baker Superior Court; Jan uary term 1927; manslaughter; 12 to 15 years; recommended by jurors, county officials, a large number of citizens and trial judge; paroled July 21, 1930.
JOHN BRADLEY: Walker Superior Court; June" term 1928; perjury; 4 years; recommended by all of the trial jurors, by warden, ordinary, trial judge and solicitorgeneral; paroled July 24, 19:30.
JAMES VERHINE: Fulton Superior Court; January term 1929; forgery; 2 to 3 years in 4 cases concurrent; recommended by trial judge and solicitor-general; paroled July 31, 1930.
LON HUMPHRIES: Hall Superior Court; May term 1926; larceny of auto and burglary; 3 to 4 years and 2 to 3 years; recommended by prosecutor, judge and solicitorgeneral; paroled July 31, 1930.
BUCK SIMMONS: Brantley Superior Court; August term 1928; burglary; :1 to 5 years; recommended by county officials, Senator Courson and others; paroled July 31, 1930.
JOHN W. WALKER: Murray Superior Court; November term 1923; murder; life; recommended by trial judge and solicitor-general; paroled August 7, 1930.
CHARLIE PUTNAM: Habersham Superior Court; August term 1920; murder; life; recommended by trial judge and a number of citizens; paroled August 7, 1930.
BEN JORDAN: Glynn Superior Court; May term 1919; murder; life; served with good pr~son record; recommended by a large number of citizens of Glynn County where the crime was committed; paroled August 7, 1930.

84

JouRNAL oF THE SENATE,

WILL B. SALTER: Washington Superior Court; September term 1927; manslaughter; 15 to 20 years; recommended by county physician, county officers and the trial judge; paroled August 7, 1930.
DAVID PRUITT: Fulton Superior Court; January term 191G; murder; life imprisonment; recommended by solicitor-general; paroled August 14, 1930.
LUCIUS HALL, ALIAS LUKE HALL: Lee Superior Court; November term 1927; voluntary manslaughter; 15 to 20 years; recommended by solicitor-general; paroled August 11, 1930.
WILLIE TANKSLEY: Richmond Superior Court; January term 1929; burglary; 5 to 7 years; recommended by solicitor-general; paroled August 1,1, 1930.
TOM SCOTT: Johnson Superior Court; October special term 1924; volunt<ery manslaughter; 10 to L) years; recommended by trial judge and solicitor-general, mitigating circumstances; paroled August 15, 19:30.
LEWIS McCOY: Houston Superior Court; October term 192:~; murder; life; recommended by solicitor-general; paroled August 21, 1930.
W. P. NEAL: Fulton Superior Court; October term 1924; burglary; 1 to 5 years in 6 cases; recommended by trial judge and solicitor-general; paroled August 2G, 19:30.
C. H. BOZEMAN: Bleckley Superior Court; January term Hl20; murder; life; evidence showed he was defending himself; Dr. Mobley stated applicant was unable to work; paroled August 28, 19:30.
WILL GIVENS: Mcintosh Superior Court; July term 1921; murder; life; recommended by a number of citizens, some jurors and Judge Saxton Daniel; paroled August 28, 1930.
LEE O'NEAL: Toombs Superior Court; February term 1925; voluntary manslaughter; 8 to 10 years; recommended

FRIDAY, JuNE 26, 1931.

85

by jurors, citizens and a large number of officials of the county as well as the presiding judge; paroled August 28, 1930.
RICHARD BENTLEY: Columbia Superior Court; September term 1920; murder; life; recommended by judge, solicitor-general and jurors; paroled August 28, 1930.
JOHN LEWIS: Floyd Superior Court; October term 1923; manslaughter; 12 to 15 years; served with good prison record since June 6, 192!; paroled September 4, 1930.
HARD SIRMONS: Berrien Superior Court; August term 1929; cattle stealing; 2 to :3 years; recommended by a number of grand jurors, representative in Legislature, many citizens, sheriff of the county, solicitor, and trial judge; paroled September 4, 1930.
BUD SIRMONS: Berrien Superior Court; August term 1929; cattle stealing; 2 to 3 years; recommended by a number of grand jurors, representative in Legislature, many citizens, sheriff, solicitor and trial judge; paroled September 4, 1930.
FRANK GILLESPIE: Fulton Superior Court; January term 1927; voluntary manslaughter; 10 to 20 years; recommended by citizens, trial judge, members of grand jury, county officials, members of Supreme Court and Court of Appeals and others; paroled September '1, 19:10.
WALTER PHILLIPS: Treutlen Superior Court; A.ugust adjourned term 1928; simple larceny; 2 to 1 years; recommended by jurors, judge and solicitor; paroled September {, 1~);30.
ROY WILEY: Fulton Superior Court; July term 1927; misdemeanor and assault to murder; 12 months and 5 to 7 years; recommended by Judge Virlyn B. Moore and Judge John D. Humphries; p;>roled September ;J, 19:30.
REED STANDRIDGE: Fannin Superior Court; October term 1928; burglary; 2 to 5 years; endorsed by a num

86

JouRNAL oF THE SENATE,

her of citizens, including county officials and trial judge; paroled September 11, 1930.
JENNINGS BRYAND DODSON, ALIAS JACK D. DODSON, ALIAS JIM EVERETT: Fulton Superior Court; March term 1926; burglary; 5 to 7 years; recommended by two wardens and several guards under whom he has served, and the trial judge; paroled September 11, 1930.
JOE HARBIN: Cobb Superior Court; March term 1926; larceny; 3 to 5 years; good record, poor physical condition favored by prosecutor, county officials, trial judge and solicitor; paroled September 18, 1930.
GROVER INGRAM: Campbell Superior Court; August term 1929; making liquor; recommended by arresting officers of Campbell County and trial judge; paroled September 16, 1930.
TOM GREEN: Monroe Superior Court; November term 1928; burglary; 20 years; recommended by prosecutor and judge; paroled September 25, 1930.
EDWIN L. THOMAS: Toombs Superior Court; February term 1928; embezzlement and making false entries; 3 to 6 and 2 to 5 years concurrent; recommended by judge and jurors; paroled September 25, 1930.
ANDERSON EVANS: Fulton Superior Court; December term 1927; voluntary manslaughter; particularly good record; paroled September 25, 1930.
MARVIN CALLOWAY: Fulton Superior Court; March term 1920; murder; life imprisonment; extreme youth, strong recommendation of trial judge and others, illness of his mother who has cancer; paroled September 30, 1930.
HAYWOOD BOB: Decatur Superior Court; January term 1914; murder; life imprisonment; recommended by trial judge; paroled October 2, 1930.

FRIDAY, JuNE 26, 1931.

87

CURTIS DEW: Webster Superior Court; October term 1918; murder; life; served more than ten years with good prison record; paroled October 30, 1930.
WILLIE EVANS AND HENRY LAWSON: Turner Superior Court; October term 1929; simple larceny; 2 to 3 years; recommended by judge who tried cases and others paroled November 6, 1930.
FRAZIER SAMS: Bleckley Superior Court; January term 1919; murder; life; recommended by many prominent citizens and officials and solicitor; paroled November 6, 1930.
DIDLEY BRYANT: Hall Superior Court; July term; voluntary manslaughter; 3 to 5 years; favored by a number of citizens, jurors who tried the case, kinspeople of deceased, trial judge and solicitor; paroled November 13, 1930.
MAYFIELD SPIERS: Jefferson Superior Court; May adjourned term 1928; making liquor; 2 to 4 years; recommended by judge who tried case; paroled November 13, 1930.
ROY THOMAS: Cobb Superior Court; November term 1928; burglary; 3 to 5 years; recommended by trial judge and solicitor; paroled November 1:3, 1930.
E. F. LIVINGSTON: Laurens Superior Court; July term 1918; murder; life; recommended by large number of citizens, con viet wardens, conn ty officials and solicitor as well as judge; paroled November 2G, 19:30.
J. E. McDONALD: Bleckley Superior Court; January
term 192/1; murder; life; record good; endorsed by large number of citizens, officers of Henry County where serving, a number of citizens of Bleckley County where crime was committed; paroled December 1, 19:30.
JOHN SMITH: Oglethorpe Superior Court; November adjourned term 1915; murder; life; recommended by jurors,

S8

JouRNAL OF THE SENATE,

grand jurors, county officials, citizens and warden; paroled December 4, 1930.

WHITT BANKS: Charlton Superior Court; October term 1929; burglary; 2 to 4 years; recommended by trial judge; paroled 1930.

W. C. MITCHELL: Chatham Superior Court; March term 1929; forgery; 2 to 3 years; recommended by solicitor-general and prosecutrix; paroled De.:ember 17, 1930.

JAMES WYATT: Fulton Superior Court; August term

1923; assault to murder; 8 to 10 years; recommended by

person assaulted and by solicitor; paroled December 18,

1930.

.-

ROY DEAN: Gilmer Superior Court; spring term 1929; 12 months and 2 to 5 years; recommended by tax collector, clerk of Superior Court, former warden, ordinary, prosecutor and others; paroled December 18, 1930.

C. G. CHURCHILL: Fulton Superior Court; March term 1926; voluntary manslaughter; 10 to 15 years; recommended by a great number of citizens of Fulton, Bibb and some in Mitchell; paroled December 18, 1930.
WILL VANN: Floyd Superior Court; July term 1928; assault to murder; 2 to 4 years; recommended by solicitor who tried case and trial judge; paroled December 18, 1930.

ABRAM SIKES: Tattnall Superior Court; July adjourned term 1920; murder; life; recommended by trial jurors, large number of citizens including county officials, solicitor and Han. Saxton Daniel, now judge; paroled December 22, 1930.

OLIN MOYE: Harris Superior Court; July term 1922; murder; life; recommended by citizens, officials, trial judge and solicitor; paroled December 22, 19:30.

WILLIE, ALIAS "LITTLE BIT", WALKER: Pike Superior Court; November term 1928; misdemeanor and

FRIDAY, JL:NE 2(), 1031.

89

shooting at another; 12 months and two years; recommended by trial judge and solicitor; paroled January 15, 1930.
LEWIS 0. LIGHTFOOT: Chatham Superior Court; March term 1925; murder; life; recommended by jurors, citizens, officials and solicitor; judge offers no objection; paroled January 15, 1930.
MAJOR BYIRD: Candler Superior Court; August adjourned term 1922; murder; life; recommended by jurors, citizens, county officials, trial judge and solicitor; paroled January 15, 19:30.
FRED SHEPPAHD: Fulton County and Crawford County Superior Court; January term 1924; larceny; escape; burglary; 3 to 5 years; 11 years and 4 years; recommended by solicitor-general; paroled January 23, 1930.
JIM JONES, ALIAS BABE JONES: Troup Superior Court; August term 1918; murder; life imprisonment; recommended by trial judge; paroled January 29, 19:30.
WALTER MOORE: Bulloch Superior Court; October term 1921; manslaughter; 19 to 20 years; recommended by trial judge, solicitor, jurors, county officials and many others; paroled January 30, 1930.
BROWN DREWERY: Jones Superior Court; October term 1919; murder; life; recommended by eleven of the jurors, prosecutor, solicitor and trial judge; paroled February 5, 1931.
ALBERT (A. B.) PEAVY: Laurens Superior Court; October adjourned term 1926; assault to murder; 7 years; recommended by prosecutor, solicitor and trial judge; paroled February 5, 1931.
JAMES JULIAN JOYNER: Chatham Superior Court; June term 1923; robbery; 6 to 20 and 4 to 5 years; recommended by judge, very young, made good record; paroled February 13,1931.

90

JouRNAL OF THE SENATE,

GLENN STEPHENSON: Catoosa Superior Court; August term 1927; burglary; 7 years; recommended by trial judge, solicitor and citizens generally; paroled February 19, 1931.

GEORGE SIKES: Tattnall Superior Court; November term 1920; murder; life; recommended by Judge Daniel who was solicitor in trial of case; paroled February 19, 1931.

DOSIE LEE WOOD: Talbot Superior Court; September term 1923; voluntary manslaughter; 18 to 20 years; recommended by a number of citizens including county officials, warden and solicitor; paroled February 19, 1931.
MELVIN LANCASTER AND WILLIE TURNER: Jefr Davis Superior Court; December adjourned term 1929; simple larceny; 2 years; recommended by jury, number of citizens and special prosecuting attorney; paroled February 27, 1931.
T. H. (TOOl\IER) PIERCE: Campbell Superior Court; August term 1929; assault to murder, attack on wife; 4 to 7 years; recommended by wife and her mother and father and brothers: also by Mrs. Pierce who was assaulted, by county officials and Judge of Superior Court as well as the solicitor; paroled February 27, 1931.
MITCHELL ROBINSON: Laurens Superior Court; July term 1920; murder; life imprisonment; recommended by trial judge and solicitor; paroled February 27,1931.
A. H. (TA.KE) SANFORD: Whitfield Superior Court; October term 1924; bigamy; 4 to 8 years; recommended by present judge, Hon. C. C. Pittman, who was solicitor prosecuting case, and by Judge Tarver who tried case; paroled February 27, 19:n.
R. R. HARRIS: Brantley Superior Court; January term 1923; murder; life; recommended by many citizens and officials and solicitor; paroled March 4, 1931.

FRIDAY, JuNE 26, 1931.

91

WILL GREEN: Screven Superior Court; November term 1913; murder; life; recommended by trial jury as well as other citizens; paroled March 5, 1931.

RICE M. PORTER: Spald,ing Superior Court; July adjourned term 1929; voluntary manslaughter; 12 to 14 years; on account of his physical condition; paroled March 5, 19:31.
ROBERT LEE CARR: Laurens Superior Court; October adjourned term 1928; assault to murder; 7 years; recommended by prosecutor and trial judge; paroled March 5, 1931.
HENRY WOOD: Bibb Superior Court; November term 1928; bigamy and false swearing; 2 years and 3 years; recommended by officials under whom he worked, Congressman Vinson, trial judge and solicitor; paroled March 6, 1931.
WILLIE JONES: Bibb Superior Court; February term 1920; murder; life; recommended by trial jurors and solicitor; paroled March 12, 1931.
GAINES LASTINGER: Coffee Superior Court; February term 1927; murder; life; recommended by jurors, grand jurors, county officials, solicitor and judge; paroled March 12, 1931.
BERNARD H. RAWLS: Chatham Superior Court; June term 1924; murder; life imprisonment; recommended by many citizens of Laurens, Screven and Richmond counties where he is well known, including a Superior Court judge, a solicitor, county officials of several counties and others; paroled March 18, 1931.

ALTON PAYNE: Cherokee Superior Court; December adjourned term 1925; manslaughter; 9 to 12 years; served with good prison record since 1926; recommended by judge; paroled March 20, 1931.

92

JouRNAL OF THE SENATE,

MURPHY HENRY: Chattahoochee Superior Court; March term 1916; murder; life imprisonment; served nearly twelve years with good conduct; recommended by a large number of citizens; paroled March 20, 1931.
J. D. (JOHN) PHILLIPS: Tattnall Superior Court; October term 1927; robbery; 4 to 6 years; recommended by jury, county officials and warden and judge; paroled March 23, 1931.
FRANCIS BERRYHILL: Fulton Superior Court; February term 1920; murder; life; good record; served for more than 10 years; recommended by trial judge about 3 years ago; paroled March 2G, 1931.
BEN KNIGHT: Screven Superior Court; November term 1925; manslaughter; 15 to 20 years; served since November 1923 with good record; recommended by trial judge, solicitor, citizens of community in which crime occurred; paroled March 26, 1931.
T0:\1 JOHNSON: Jenkins Superior Court; January term 1921 ; burglary; 10 to 13 years; good prison record; recommended by trial judge and solicitor; paroled March 26, 1931.
JOE RO\\'LAND: Wilcox Superior Court; March term 1920; murder; life; recommended by numerous officials, jurors, trial judge and solicitor; paroled March 26, 1931.
W. S. KIRKPATRICK: Dodge Superior Court; May term 1923; manslaughter; 12 to 18 years; recommended by trial judge, solicitor, county officials and citizens; paroled March 26, 1931.
H. P. LUMPKIN: Fulton Superior Court; December term 1928; voluntary manslaughter; 5 to 8 years; recommended by his former employers who give him an excellent reputation prior to his conviction; paroled April 9, 1931.
ANDREW SMITH: Coweta County Superior Court; September term 1925; voluntary manslaughter; 10 years;

FRIDAY, JuNE 26, 1931.

93

recommended by large number of citizens, including warden, county commissioner, county officials, solicitor-general, judge of City Court and many others; paroled April 9, 1931.
FRED BROWN: Habersham County Superior Court; November term 1926; murder; life; recommended by large number of citizens, county officials, representative of Habersham County, trial judge and solicitor-general; paroled April 9, 1931.
HENRY HARDEN: Washington County Superior Court; September term 1929; burglary; 4 to 5 years; recommended by the chairman of the board, the clerk of the Superior Court, by the warden and trial judge; paroled April 9, 1931.
LEWIS SAURA: Chatham County Superior Court; February term 1927; burglary; 19 to 20 years; has served with excellent record; recommended by acting solicitorgeneral and the solicitor-general; paroled Aprilll, 1931.
W. C. BOYD: Dooly County Superior Court; l\lay term 1928; incestuous adultery; 10 to 15 years; recommended by the solicitor-general, and on account of low mentality; paroled April Hi, 1931.
LEE CONNALLY: Fayette County Superior Court; Decem her term 1928; burglary; 4 to 7 years; recommended by the trial judge, solicitor-general and the prosecutor; paroledApril15, 1931.
WILL HAYGOOD: Oglethorpe County Superior Court; September term 1919; murder; life; recommended by numerous officials, including tax receiver, road commissioner, sheriff, judge of City Court, clerk of Superior Court, tax collector, a majority of the jury and solicitor-general; paroled April16, 1931.
LAWRE~ CE WATKINS: Gilmer County Superior Court; May term 1929; robbery; recommended by the trial judge; 6 to 8 years; paroled April16, 1931. .

94

JouRNAL oF THE SENATE,

TILLMAN PULLEN: Emanuel County Superior Court; January term 1930; robbery; 2 to 4 years; recommended by the judge, solicitor-general, county officials, representative and senator; paroled April16, 1931.
RAYMOND GRANT: Glynn County Superior Court; Decem her term 1929; forgery; 2 to 3 years; recommended by the solicitor-general and the prosecutrix; paroled April 23, 1931.
F. F. WINGATE: Wayne County Superior Court; November term 1929; simple larceny; 2 to 3 years; his service record is good; the solicitor-general has no objection to parole; paroled April 28, 1931.
WILL ROWE: Tift County Superior Court; fall term 1928; robbery; 10 to 12 years; recommended by Dr. W. H. Hendricks, county physician; paroled May 1, 1931.
JESSE MOYE: Screven County Superior Court; November term 1923; manslaughter; 19 to 20 years; recommended by officials of Screven County, including the prosecutor; H. B. Strange, trial judge, and acting solicitor, Hon. H. A. Boykin; paroled May 7, 1931.
MACK REESE: Laurens County Superior Court; July term 1923; murder; life; recommended by county officials, jurors, the judge and solicitor-general; paroled May 7, 1931.
J. C. HORSLEY: Troup County Superior Court; January term 1929; embezzlement; 5 to 7 years; recommended by a number of reputable citizens; paroled May 7, 1931.
HENRY WHITE: Richmond County Superior Court; January term 1926; burglary; 2 years in each case; recommended by trial judge and solicitor-general; paroled May 9, 1931.
MITCH JONES: Thomas County Superior Court; April term 1920; murder; life; recommended by a large number of high type citizens; paroled May 18, 1931.

FRIDAY, JuNE 26, 1931.

95

HENRY BAILEY, ALIAS SUN ROSE: Bibb County Superior Court; January term 1928; voluntary manslaughter; 5 to 7 years; prison record is good; recommended by the solicitor-general; paroled May 19, 1931.
WILLIE GREEN BROWN: Dooly County Superior Court; February term 1929; rape; 5 years; recommended by solicitor-general, grand jury, the trial judge being dead; paroled May 21, 1931.
WILL LUMPKIN: Berrien County Superior Court; September term 1920; murder; life; recommended by judge and solicitor-general; paroled June 17, 1931.
J. D. TROTTER: Coweta County Superior Court; March term 1930; sim pie larceny; 2 to 5 years; recommended by judge, solicitor, county officials and prosecutor; paroled June 18, 1931.
JOHN GAMBLE: Gwinnett County Superior Court; December term 1920; murder; life; evidence shows there is room for doubt as to the guilt of the applicant; paroled June 18,1931.
HOMER REID: Bibb County Superior Court; April term 1928; assault to murder; 2 to 3 years; recommended by trial judge, solicitor-general, officials and citizens; paroled June 18, 1931.
C. F. REID: Bibb County Superior Court; April term 1928; assault to murder; 5 years; recommended by the trial judge, solicitor-general, officials and citizens; paroled June 18, 1931.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following resolution of the House, to-wit:

96

JouRNAL OF THE SENATE,

By Messrs. Grayson of Chatham, Beasley of Tattnall, and Cochran of Thomas--
House Resolution No. 7. A resolution to provide for a joint session of the General Assembly of Georgia to be held on Saturday, June 27,1931, for the purpose of inaugurating Hon. Richard B. Russell, Jr., as Governor of Georgia, and for other purposes.

The following joint resolution of the Senate was read and adopted:

By Senators Harris of the 18th District and Ennis of the 20th District-
Seriate Joint Resolution No. 9. Be it resolved by the Senate, the House of Representatives concurring, that a committee of five from the Senate and nine from the House be appointed by the President and Speaker respectively, to escort the Governor-elect to the place of inauguration.

The President appointed as the committee on the part of the Senate the following:
Senators West of the 11th District, Ennis of the 20th District, Strickland of the 1st District, Adkins of the 9th District, Fowler of the 39th District.

The following privileged resolution was read and adopted:

By Senators Martin of the 2nd District, Weekes of the 34th District, and West of the 11th District-
Senate Resolution No. 10.
Whereas, Miss Annie Mae Lazenby and l\Iiss Laura Lazenby, daughters of the distinguished and beloved Senator from the 29th District, are in the city for a few days,

FRIDAY, JuNE 26, 1931.

97

Therefore be it resolved by the Senate that the privileges of the floor be extended these charming visitors during their stay in the city.

The following privileged resolution was read and adopted:
By Senator Martin of the 2nd District-
Senate Resolution No. 11.
Whereas, the Hon. W. S. Tyson, a former Senator of the 2nd District, is in the city for a few days,
Therefore be it resolved, that he be accorded the privileges of the floor during his stay in the city.
The following joint resolution of the Senate was read and adopted:
By Senators Neill of the 24th District and Weekes of the 34th District-
Senate Resolution No. 12.
Whereas, the Brotherhood of Locomotive Firemen and Enginemen are now in session at Columbus, Ohio, with an attendance of over three thousand delegates.
Whereas, this organization represents the United States and Canada and is composed of a highly representative type of men and women.
Therefore be it resolved, that the General Assembly of the State of Georgia invite the said Brotherhood of Locomotive Firemen and Enginemen now in session in Columbus, Ohio, through Robert S. Elrod, State Chairman of Legislative Committee of Georgia, to hold its next session in Atlanta.
The following joint resolution of the House was read and adopted:

98

JouRNAL oF THE SENATE,

By Representatives Grayson of Chatham, Beasley of Tattnall and Cochran of Thomas-
House Resolution No. 7.
Be it resolved, by the House of Representatives, the Senate concurring, that a joint session of the General Assembly be held at 10:45 o'clock, A. M., Saturday, June 27, 1931, for the purpose of inaugurating Hon. Richard B. Russell, Jr., as Governor of Georgia, and that when the General Assembly repairs to the place of inauguration, and upon completion of the programme, that the General Assembly stand dissolved, and the House and Senate stand adjourned until 11:00 o'clock, A. M., Monday, June 29, 1931.

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

Mr. President:
The Spe<Jker has appointed as a committee on the part of the House to escort the Governor-elect to the place of inauguration the following members of the House, to-wit:
Messrs. Fagan of Peach, Rivers of Wheeler, Kennedy of Lamar, Beasley of Tattnall, Alexander of Chatham, Edwards of Lowndes, Allen of Baldwin, Franklin of Butts.

Senator Harris of the 18th District moved th<Jt the Senate now go into executive session, and the motion was adopted.
The President requested the Secretary to read Rule No.2. The President directed that the floor and galleries be cleared

99
of all persons whose presence was not permitted under the rule in an executive session. The Senate went into an executive session.
The Senate was called to order at 12:00 o'clock.
The Secretary transmitted the following communication to His Excellency, Governor L. G. Hardman:
June 26, 1931.
Hrs ExcELLENcY, L. G. HARDMAN, Governor,
Executive Department, Atlanta, Georgia.
DEAR SrR:
I am directed by the Senate of Georgia to inform Your Excellency that it has this day confirmed the following appointments by you:
Hon. L. P. Goodrich of the County of Spalding to be a member of the Board of Trustees of the University of Georgia for a term expiring August 23, 1933, to succeed Hon. Lloyd Cleveland, deceased. Appointment made May 6, 1931.
Hon. W. W. Larsen of the County of Laurens to be a member of the Board of Trustees of the State College of Agriculture for a term expiring August 14, 1934, to succeed Hon. Lloyd Cleveland, deceased. Appointment made May 15, 1931.
Dr. W. A. Rivers of the County of Wheeler to be a member of the State Board of Health for a term expiring January 1, 1933, to succeed Dr. M. S. Brown, deceased. Appointment made May 16, 1931.
Hon. J. S. Davis of the County of Dougherty to be a
member of the Board of Trustees of the State Agricultural, Industrial and Normal School for a term ending March 1, 1934.

100

JouRNAL OF THE SENATE,

Hon. D. L. Gibson of the County of Dougherty to be a member of the Board of Trustees of the State Agricultural, Industrial and Normal School for a term ending March 1, 1934.

Hon. H. T. Mcintosh of the County of Dougherty to be a member of the Board of Trustees of the State Agricultural, Industrial and Normal School for a term ending March 1, 1934.

Respectfully,

T. JoHN

BoiFEUILLET,

Secretary of the Senate.

The hour of convening the joint session of the Senate and House having arrived, the Senate proceeded to the Hall of the House of Representatives, and was called to order by the Hon. W. Cecil Neill, the President of the Senate.
The resolution under which the General Assembly convened in joint session was read by John T. Boifeuillet, Secretary of the Senate.

The following resolution was read and adopted:
By Representatives Nelson, Beasley and Rivers, and by Senators McWhorter of the 50th District, Nix of the 33rd District, Adkins of the 9th District, West of the 11th District, and Perkins of the 17th District-
Whereas, His Excellency, the Hon. L. G. Hardman, because of illness will be unable to address the joint session of the General Assembly on this date, pursuant to arrangements heretofore made;
Therefore be it resolved, by the General Assembly, that His Excellency, the Hon. L. CJ. Hardman, Governor, be notified by the Clerk of the House of the extreme regret on the part of the General Assembly of the illness of the Gov-

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ernor and his inability to address the joint Assembly today, and express for him a sincere wish for his speedy recovery.
The Hon. Andrew Kingery, Clerk of the House of Representatives, read the Governor's message, which was as follows:

MESSAGE TO THE GENERALASSEMBLY

MR. PRESIDENT, MR. SPEAKER AND

MEMBERS oF THE GENERAL AssEMBLY:

This is my closing message to the General Assembly of Georgia; and I wish to express my appreciation of your loyalty and cooperation during the administration just ending, which began in 1927-not only the present legislature, but the preceding ones.
The State of Georgia has thirty-seven million acres of land, with a population of little less than three million, and a citizenship more uniform than many of the states in the Union-a type of citizenship that is looking to the welfare of the State as a whole. Her resources in agriculture, manufacturing, water power, minerals, forestry, climate and geographical location as relates to other states-with both mountains and sea-make her very attractive. Her advancements in building, in educational programs and in good roads have made a striking improvement over other methods and plans; and these opportunities, which have come to her by reason of the study of materials and construction in other states, have made it possible for her to attain to these more advanced steps. I believe within the next five years the State of Georgia will be equal, if not the leader of other states in progressive transportation, education, forestation and utilization of her powers for the manufacture, consumption and distribution of her various products. At the end of five years she will have paid back theW. & A. Rental discounts, and will practically have completed her

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roads on the present program-and maintained during this period the upkeep of the public highways. She will have invested two hundred million dollars in highways, and will have contributed on the present basis thirty-five million dollars from the State to the Public Schools.
Beginning in 1936 you will, therefore, find that on the present basis of taxation you will have sufficient funds to give to education more than twelve million dollars a year, and to continue your highway improvement; and there will be available from the gasoline tax-besides maintaining your roads and providing other constructions, a sum of money that could be used for other purposes.

CHIEF EXECUTIVE
It is not always easy to appreciate the responsibility that is placed upon the Chief Executive of a State. We sometimes find that the viewpoint of the politician, who may not have supported the Chief Executive, is more or less suspicious of him and his administration-but I wish to say to you that during my administration, while your views and the views of the previous legislatures may not always have been in harmony with those of the Governor, it has been my desire and effort to cooperate and thereby bring to the State a service to the best of my ability and conscientious conviction.
We are sometimes inclined to criticize the General Assembly, as well as the Chief Executive, and heads of other departments; but I take it that they are all doing their utmost to serve the best interests of the State.
My acts during the four years just passed, I hope have been in keeping with the preamble of the Constitution of Georgia, which provides for reliance upon the protection and guidance of the God Almighty. It is His guidance and direction that I have sought on all occasions for every interest that has come to me during my administration, to execute the laws on a righteous and just basis for His

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glory and for the good of the entire citizenship of this commonwealth.

ACCOMPLISHMENTS OF STATE DURING PRESENT ADMINISTRATION
It is my opinion that these four years have accomplished much in the State of Georgia-for the advancement of every interest fostered by her. Besides what has been accomplished, there has been brought to us new visions of the needs of the State, which will secure for her in future legislation many measures that will bring prosperity to her institutions and relieve the burden of the taxpayers of the State. New methods of administration of the affairs of State, I believe, will be enacted. The Chief Executive of the State of Georgia has very limited authority. It is divided into two heads-the executive and administrative. The executive authority is granted the Governor of the State by the Constitution. The administrative authority is placed in him by statutory enactment. It is my opinion that amendments should be made to our Constitution providing our Chief Executive with greater authority; also that additional authority should be provided by statutes for the administration of affairs of State. It is my opinion that he should have these powers and authorities, and that he should be held responsible for the authority placed in him by the people in the execution of the laws. I believe also that he should have the authority to eliminate those whom he appoints, if in his judgment they are not efficient in their duties.
I am convinced that the study of methods of operation of this State, made by Lutz and Searles & Miller, and the Commission appointed by the Governor of Georgia, have brought to us information and understanding that will bear much fruit, and make it possible for you to render a greater service to your constituency than at any time in the history of our State; and I most respectfully recommend that you give further study to the reports of the two ex-

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perts, as well as your own citizens' commission, in your rearrangement and reorganization of the State's affairs. These experts are men of acknowledged ability and experience in the study of conditions in other states-such as Virginia, Illinois, Tennessee, and others.

OPPORTUNITIES OF THE GENERAL ASSEMBLY
It now becomes your responsibility to simplify, economize and make efficient the administration of the affairs of State. You are to be congratulated on the efforts now being put forth to reach these needs; and I predict for this General Assembly a most forward step in harmony with the most advanced methods of handling business affairs. No organization or corporation should have better business methods in the operation of their affairs than a State.
vVe have in the State of Georgia a number of very strong, capable and efficient business institutions, whose affairs have been so handled as to meet their overhead expenses and secure for their stockholders very satisfactory dividends on their in vestments. We find these business institutions without debt, and their stocks and bonds commending themselves to the purchasers of securities.
The State of Georgia should have no less efficient methods -on the other hand, as stated, they should be even better; and you will do well to consider the methods of these institutions and apply them to the State in your rearrangement of State departments and institutions.

ATTENTION CALLED TO FORMER MESSAGES
I shall call your attention to several matters, which I most respectfully recommend for your consideration. First, I would request that you refer to my messages given you in 1927 and in 1929, also to the extraordinary session, which it seems to me furnish the proper basis now upon which legislation should be enacted.

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LARGEST INCOME IN 1930 IN SPITE OF PERIOD OF DEPRESSION
In spite of the period of depression, or panic, I further call your attention to the fact that you had the largest income into the State in 1930 of any year in her historya larger sum of money was paid to our co~1mon or public schools; to the Highway Department, and to the Confederate Veterans, than in any previous year. So I say., in spite of the depression that exists, the taxpayers have responded to the needs of the State in a most liberal manner.

BUDGET
One of the advancements is the removal from our statutes of the almost useless method of budgeting heretofore presented to the General Assembly-a new budgeting commission being established by your extraordinary session, which furnishes you authority and intelligent information as to the income from all sources in our State, and the distribution of same. This is the only safe and sound basis on which business transactions can be safely operated.
However, as a surgeon or a physician I would say, before you proceed or suggest a procedure, you must make a diagnosis-before you use the knife you must be sure of the condition, because it is a decided step and means life or death-before you prescribe climate or medicine you must know what your disease is, because neglect or lack of proper direction or nursing would result in death. So we must first secure a clear and sure statement of our income and disbursement before taking steps to change them-or apply the surgeon's knife.
Under the budget plan, it seems to me that the purchasing of all material and disbursement under the direction of the Chief Executive would be wise. We are required, under the Budget Act, to stay within the income of the State; and with this in view we found it absolutely necessary to reduce some of the requests that have been made,

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since the income of the State-not including the Bus Bill, nor the Sales Tax, is $10,728,000.00 for the years 1932 and 1933, with the requests for 1932 amounting to $13,407,000.00, and for 1933, $13,205,000.00, leaving a deficit for 1932 of $2,500,000.00; and for 1933, $2,600,000.00, provided the total sum asked for be approved.
Since the budget is bound by the law and cannot exceed the income; and since the law provides that the legislative and judiciary departments are to receive their sum, the reduction must come from some other source.

MATTERS OF STATE
The question might be suggested in the reorganization of a state government as to whether it would be wise to eliminate some of the offices elected by the people and place the authority of appointing them in the Governor, creating for him a cabinet out of those elected-those who will cooperate with him in the administration of the affairs of State. This, I take it, does not violate the spirit of democracy, which provides the control of the people; but makes it possible to simplify matters of State and place clearly the responsibility of administration where it belongs. Under our present program instead of having one Executive and Administrative office, you have many; and instead of having one Governor, on this basis, you have many Governors.
U. S. GOVERNMENT DEMANDING REFUND
I call your attention to the fact that the United States Government is demanding a refund of $2,614.14, for tax on Gasoline which has been consumed by the employees of the Government. I recommend this for your study, consideration and proper legislation.

REDISTRICTING
It is necessary under the Constitution of the United States that the State of Georgia rearrange her Congressional

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districts-instead of having twelve, she will have ten. This is the result of her decrease in population; and I call to your attention the fact that this will be one of your duties.
This, however, is no exception in the State of Georgia, for by investigation you will find that other states will lose some of their representatives in Congress by reason of similar conditions. So while this comes to Georgia she is not alone; and I desire to call your attention to the possibilities of increasing her population by providing legislation that would not burden the farmers of the State, the producers of the wealth of the commonwealth, with taxes-that they be relieved of taxes on their farms and products as far as possible; and that the institutions or financial interests of the State shall provide for revenue to take care of the needs of the institutions and departments of Georgia.

RELIEF OF DEPRESSION OR PANICKY CONDITIONS
I do not intend to convey the idea that there should be any inequality of the burdens that come upon the citizens of the State, but that those who have received from the citizens of the State large sums of money should contribute their share to the support of the commonwealth. I commend thrift and enterprise of all citizens of the State, but I believe that it is to the interest of those who have accumulated a fortune to contribute largely in the effort to stabilize the low prices and relieve the causes of depression or panicky conditions now existing in Georgia and the nation. By so doing they not only relieve human needs and human suffering, but they make it possible to restore normal business conditions and create for themselves a greater mcome.
During the recent Governors' Conference at French Lick, Indiana, it seemed to be the expression of the states which have amassed the greatest fortunes that they could only relieve the unemployment and depression, or panicky

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conditions, by providing for the relief of the conditions out of the immense stores of money unused and not bringing in any revenue. This statement, I take it, is not for the purpose of discriminating between classes, but to encourage those who are less fortunate, as well as to make it possible for those more fortunate to use their immense sums of money.
I do not care to discuss National issues before you, but suggest that you constitute a part of this great Nationthat you have the safety, progress, happiness and prosperity of the Nation as a whole at heart, and that you are interested in seeing that unemployment and depressions are abolished.
The national issues which affect us, as well as every other state, are the prices of farm products and handling of the same through the Farm Board, which it seems to me has proven unsatisfactory and ineffective along that line.

PUBLIC UTILITIES
The Public Utilities have made wonderful contributions to the states and the Nation-to transportation, and every form of activity for the comfort of the masses of the people. They have amassed great fortunes, and it seems in some instances have directed, controlled and dominated the legislation and activities of the states and Nation-and that sooner or later some new method of operation of these public utilities must be reached.
The great water powers and natural products of the earth, such as gas and other utilities, should not be completely removed from the masses of the common people; but the states should maintain to themselves, at least to some degree, these great powers and comforts that belong to the masses of the people.
The State of Georgia recognizes the great contribution made to her by reason of the public-spirited men and their

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109

means in the development of her many Public Uti)ities; but there seems to be a State's rights and democracy which cries out for those who have been forced to vacate their lands on the basis of public good for the whole, which perhaps is in disguise and not for their benefit at all.

STONE MOUNTAIN
In the suggestion which I now present to you, there seems to me to be the greatest opportunity for making permanent the history of Georgia as it relates not only to Georgia herself, but to the Nation as a whole. We need to develop and bring to our people, as well as to the Nation, the contributions that were made, the occurrences and general events during the American Revolutionary War in our coastal counties; as well as that part of the history of Georgia that relates to another tribe, the Indians, who were found upon this continent when America was discovered.
I wish to suggest for your consideration a study of the entire boundary of Stone Mountain and its area for the purpose of placing on its bosom, on every side, the historic pioneers and great soldiers in the battle of Bloody Marsh and many others in this State-placing thereon the contribution made by the State in the wars that have followed in the interest of humanity, self-government, liberty and righteousness.
I recommend for your consideration the suggestion that in securing this great wonder, Stone Mountain, for this purpose, that there shall be excavated and carved out in its depths permanent record spaces for all records pertaining to this State-if possible furnishing record-grounds for the entire nation.
Such an accomplishment would give to Georgia a world's reputation that would be eternal in its storage of the records. I might here coll your attention to the fact that in Indianapolis there is a monument to the heroes, from the beginning of the Revolution to the World War, that is the most

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outstanding contribution to the heroes of all wars it has been my opportunity to witness. Today they have started the operation and expenditure for the erection of buildings for the storing and safe-keeping of records of the World War, which will amount, when completed, to Eight Million Dollars.

In connection with the almost staggering problem of securing Stone Mountain, is the problem of securing Kennesaw Mountain, beyond Marietta, and the National Highway from Kennesaw to Stone Mountain.

Perhaps it is not generally known that the longest battle line during the War Between the States was at Kennesaw Mountain, being ten miles in length, with Genera1 Joseph E. Johnston on one side and General William T. Sherman on the other.
I take it now that could these outstanding values of Stone Mountain and Kennesaw Mountain be secured, it would be one of the most valuable possessions that has come to the State in recent times. It is estimated that there are Five Billion Dollars spent annually by tourists-Four Billion by Americans and One Billion by Europeans. So it must be apparent that with the great attractions of the two mountains-with the history of the heroes on the battle grounds of Kennesaw, and with great rooms or space excavated in the body of Stone Mountain (filled with histories of the entire universe), we would be the most outstanding Nation and State in the world-with the only record-ground of its kind in existence; and for this reason would bring visitors from all parts of the world, adding great revenue to our State.
Now, I wish to suggest to you these outstanding, unusual and far-reaching problems, which magnified the great kings and heroes of the world, and in times past were the accomplishments that challenged the manhood of the Nation.

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111

It is these same great and outstanding achievements that could be stored away here in Georgia to stir the souls and hearts of the youth of posterity.

HEALTH PROBLEMS
I wish further to call your attention to the more modern times and to invite your consideration to the study of human problems that relate to the production the highest type of citizenship that can come to our State. I refer to the health problem.
One of the State's greatest burdens is crime, the greatest burden that comes to the entire Nation-there being a cost of over thirteen billion dollars a year for same. It is a matter that must engage your attention, for it is the greatest burden to the people of all other tax burdens combined, besides the intense human suffering that comes by reason of same.
The normal man as a rule is a man free from crime and its tendencies. The abnormal and diseased man is inclined to crime. The mentally defective man and child also have the same tendency. I, therefore, recommend that you provide in your Health Department every means possible for our children to make strong bodies and minds, thereby, eliminating crime.
I would not pass from this subject without calling your attention to the $100,000.00 which the former legislature appropriated for the treatment of cancer; and I urge you to provide for this fund for the prevention and cure of cancer.
I am not bringing to you figures in this message, as you will find by reference to my former messages all figures as relate to the finances of the State of Georgia; but I am bringing to you a vision of the possibilities and what can be accomplished in future legislation in the State of Georgia;

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for it is the vision in human affairs that IS destined to accomplish our every financial success.
I thank you! L. G. HARDMAN, Governor.
June24, 1931.

Senator Harris of the 18th District moved that the joint session of the General Assembly be now dissolved, and the motion was adopted.
The Senate returned to the Senate Chamber and entered into an executive session. After the executive session was acijourned, the Senate resumed the regular session.
The following invitation from the Governor-elect, Richard B. Russell, Jr., was read and accepted:
The Governor-elect of Georgia cordially invites the members of the General Assembly and their families to an informal reception at the Executive Mansion, 205 The Prado, Ansley Park, on Saturday afternoon, June 27th, from 3:30 to 5:30.
To meet the new Go_vernor and his family, the President of the Senate and his family, and the Speaker of the House and his family.
This invitation has also been extended through the press to the citizens of Georgia; but the members of the General Ass'embly and the State House Officials will be special gues'ts of the occasion.
Upon motion of Senator Fowler of the 39th District, the Senate adjourned until 10:00 o'clock tomorrow morning.
The Secretary of the Senate announced the appointment of the following assistants:
W. E. Andrews, of DeKalb County, Journal Clerk.
John H. Mcintosh, of Elbert County, Reading Clerk.

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113

J. A. Luttrell, of Harris County, Calendar Clerk.

D. F. Martin, Jr., of Liberty County, Proof Reader.
Later he was appointed an engrossing and enrolling clerk, and W. B. Quillian, of Bartow County, was appointed Proof Reader in Mr. Martin's place.
The President of the Senate administered the oath of office to them.

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SENATE CHAMBER, ATLANTA, GA.,

SATURDAY, JUNE 27, 1931.

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.

The roll was called and the following Senators answered present:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported, through Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.

By unanimous consent the reading of the Journal was dispensed with.

Senator Dekle of the 6th District asked unanimous consent that those having bills and resolutions to introduce, send them to the desk at this time. The consent was granted.

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115

The following privileged resolutions were read and adopted:

By Senator McKenzie of the 48th District-
Senate Resolution No. 14. A resolution extending the privileges of the floor to the Hon. Charles R. Crisp, Congressman from the :3rd Congressional District, d'uring his stay in the City.

By Senators Weekes of the 34th District and Pratt of the 41st District-
Senate Resolutior; No. 15. A resolution extending the
privileges of the floor to Mrs. W. E. Montgomery of De-
Kalb County, and to Mrs. Murray Gardner of Bibb County during their stay in the City.

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

By Senator Duckworth of the 7th DistrictSenate Bill No. 9. A bill to amend Section 5660 of the
Civil Code by providing when judgment without a jury may be taken, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Watson of the 3rd District-
Senate Bill No. 10. A bill to be entitled An Act to abolish the office of County Game Warden, and for other purposes.
Referred to Committee on Game and Fish.

By Senator Jones of the 51st District-
Senate Bill No. 11. A bill to regulate-the rate of interest on small loans.
Referred to Committee on State of the Republic.

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By Senator Watson of the 3rd District-
Senate Bill No. 12. A bill to amend Highway Act of 1919, to provide for refunding to the Counties of funds advanced for building State Aid Roads, and for other purposes.
Referred to Committee on Highways.

By Senator Hand of the 8th District-
Senate Bill No. 13. A bill to amend Section 2112 of Civil Code of 1910, in reference to use of peanut meal feeds.
Referred to Committee on Agriculture.

By Senator Duckworth of the 7th District-
Senate Bill No. 14. A bill to authorize tax collectors in certain counties to accept taxes ratably from owner, or from owner of a deed to secure debt, mortgage or lien, and for other purposes.
Referred to Committee on Finance.

The following resolutions were introduced, read the first time, and referred to committees:

By Senator Neisler of the 23rd DistrictSenate Resolution No. 16. A resolution to relieve D.
Coolik as surety. Referred to Committee on Special Judiciary.

By Senator Dekle of the Gth District-
Senate Resolution No. 17. A resolution requmng a commission of three, including State Superintendent of Schools, to consider the Sound Teacher Retirement Laws of other States, <tnd recommend such legislation as they deem desirable.
Referred to Committee on Education.

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Senator Ennis of the 20th District moved that the Senate take a recess subject to the call of the Chair. The motion was adopted.
The Senate was called to order at 11:45 o'clock, and proceeded to the Hall of the House of Representatives, and the joint session, called for the purpose of inaugurating the Governor-elect, was called to order by the Hon. W. Cecil Neill, President of the Senate.
John T. Boifeuillet, Secretary of the Senate, read the joint resolution calling the joint session of the General Assembly.
Senator West of the 11th District moved that the General Assembly repair to the place of inauguration on the grounds of the State Capitol. The motion was adopted, and the General Assembly repaired to the place of inauguration.
The Hon. Richard B. Russell Jr., the Governor-elect, escorted by the joint committee of the Senate and House on the inauguration, and accompanied by the State House officers and distinguished guests, appeared upon the inaugural platform and occupied seats reserved for them.

The President of the Senate requested the Secretary of the Senate to read the joint resolution providing for the joint session to inaugurate the Governor-elect.

The Reverend Taylor Morton of LaFayette, Georgia offered the Invocation.
The Oath of Office was administered by Chief Justice R. B. Russell of the Supreme Court of Georgia to the
Governor-elect, the Han. Richard B. Russell, Jr.
Hon. George H. Carswell, Secretary of State, delivered the Great Seal of the State of Georgia to His Excel-
lency, the Han Richard B. Russell, Jr.

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Governor Russell administered the Oath of Office to the Han. John B. Wilson, Secretary of State-elect, and delivered to him the Great Seal of the State of Georgia.
The Governor then delivered his inaugural address.

The address was as follows:

MR. PRESIDENT, MR. SPEAKER, MEMBERS OF THE GENERAL
AssEMBLY, MY FELLow CITIZENS:
In accordance with law and custom we are met at this hour to dedicate ourselves to the service of Georgia, and her citizens. In absolute sincerity I subscribe the oath of office required of the Chief Executive of Georgia by the Constitution of this State. Deeply grateful to my fellowcitizens for the confidence in me imposed, the duties devolving upon me are approached with a heart humbled by a consciousness of the responsibilities which accompany this exalted trust, and sustained by -the hope and conviction that I shall have the aid and cooperation, so earnestly sought, of every patriotic citizen of this State, and that an Infinite Providence will bless this administration with Divine Guidance.
Georgia today is in the grip of the financial depression which is affecting the entire country and the civilized world. Certainly no incoming administration in recent history has been faced with the stupendous task which lies before the present General Assembly. Many interests in Georgia seem hopelessly disheartened and the average man contends with problems which this generation has never known. The state's finances ate more confused than ever before in recent history and this administration faces a staggering total of unpaid appropriations which must be met from a treasury that is depleted, and by a people who are financially unable to bear any considerable burden of taxation. Buffeted by economic misfortunes many of our citizens are engulfed in a tide of pessimism.

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119

Agriculture, our basic resource, has met many discouragements, and our farmers are waging a heroic fight against tremendous economic odds. Business and industry alike have felt the blight of depression and a curtailed market. Capital hopes at best for a small return and the laborer's income admits of only the necessities of life.
No good can result from blinding ourselves to facts as they exist, for few are the citizens of this State who have not felt the tremendous shrinkage in values experienced by our nation within the recent past.
A reminder of this condition is not brought to you in a spirit of gloom and discouragement. I would be the last to sound a despondent note. My purpose is to impress upon all the solemnity of the challenge wh:ch the times bring to us and to call on all patriotic Georgians to accept this challenge with a spirit of self-sacrifice and exalted courage worthy of the traditions and history of Georgia.
Today we face the demand that we adjourn politics, bury selfishness, petty prejudices and personal ambitions,assume all of our responsibilities; and counselling together for the common good, face the future with stout hearts and broad vision, determined to profit by the experiences of privation and travail through which we are passing and prepare for the better and brighter day which is sure to come.
Those who have builded the Georgia we today proudly claim were faced with difficulties and almost insuperable obstacles. The conquering spirit of a courageous past calls to us as never before and we, as Georgians, cannot shirk or fail to do our share in the work for the future. This future calls to us to build well for the greater Georgia we would have posterity enjoy, and the high expectations of our people in this General Assembly demands our unselfish service.
All is not covered with shadows of gloom. Georgia still possesses her millions of fertile acres, her forests, her water

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power and vast natural resources. The charm and beauty of our mountains which tower majestically towards the sky has been enhanced by improved communications and resulting development; and the waters of the sea still roll upon our unsurpassed beaches, affording rest and recreation to yearly increasing numbers.
In the face of the economic pressure which troubles us. we have experienced an awakening of our people to the responsibilities of citizenship. The average citizen is taking more interest in the administration of his government,state, county and municipal, than ever before. The realization of the need for increased efficiency and reduced expenses is felt by every individual who has been compelled to pare his family budget.
There is a realization that there is no place in the government or the political life of our State for petty factional or partisan politics and that the devastating influence of the demagogue only delays the development of the great natural resources of Georgia.
As with a common impulse our people are manifesting an unusual spirit of cooperation. A healthy sign of the times is the organization of one hundred of the leading capitalists and business men of Georgia, representative of every section and interest of the State, with the common purpose of promoting the development of Georgia and the expansion of her interests. This movement, if it proceeds along the lines indicated, can be of untold benefit to the State.
Be it said to the eternal credit of the people of Georgia that they have borne the shock of financial adversity and depression with a faith and courage almost sublime. Through all of the vicissitudes with which we labor our people still cling to the ancient landmarks of government erected by our forefathers. We can felicitate ourselves upon the fact that bolshevism, socialism, communism and the other disturbing elements, which would rear a mon-

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strosity in government, have found no welcome here, and that our people hold to the ideals and institutions which have ever guided the Anglo-Saxon in government. May we continue to cherish the motto: "\Visdom, Justice and Moderation.''

IMPORTANCE OF "LIVE AT HOME" MOVEMENT
If we can thoroughly appreciate one fact which should have been indelibly impressed upon us by the conditions with which we labor, the people of Georgia will collect enormous dividends on the losses we have sustained. \Ve should certainly understand by now that agriculture in Georgia can no longer afford to hazard its all on the price of one crop as a source of revenue and pay tribute to our sister states by the purchase from them of such a considerable part of the necessities of life. Georgians must "live at home." If this administration could inaugurate a movement which would cause the production of truck, food products, feed stuffs, live stock, and dairy products, poultry and eggs, sufficient for the use of this State and stop the expenditures of over fifty million dollars annually in markets without the State for these things, agriculture would be rehabilitated and the future of Georgia would be assured.
\Vhen we consider that to feed our people it is necessary to ship millions of pounds of meat and-thousands of dozens of eggs into Georgia every year with our State affording unlimited facilities for the production of these commodities, we can understand the necessity of striking the shackles with which we have been so long bound. One of the most pathetic sights to meet the eyes of a Georgian is a Georgia farmer coming to town to buy hay produced in Tennessee, mixed feed from Indiana, flour from Minnesota, and a side of meat from Chicago, with the money realized from a crop of cotton which brought 8 cents or 9 cents on the market. I grant that cotton is still king of our money crop, and I heartily endorse every movement to find new

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methods of using cotton and new markets for cotton, but the farmer in Georgia will never attain economic independence until he produces on his farm enough food for men and beast, with a surplus to supply our urban markets.
The United States Government estimates that the total market value of Georgia's crops in 1930 was fifty millions of dollars less than it was in 1929. This represents a staggering financial loss to the producers of this State, every dollar of which could have been saved and kept in circulation in Georgia had our citizens produced all the commodities which were bought outside of the State, and which Georgians could have produced with as little if not less effort than was required of these from whom we made the purchases.
I realize that our agricultural population is overburdened with advice which in no way affords the relief it so sorely needs. But from the observations of a lifetime spent in a rural community I am firmly convinced that the only salvation of the farmer of Georgia is to really live off of his farm by producing most of the things he needs, and depend upon his cotton and tobacco as a surplus money crop.

ECONOMY MUST BE KEYNOTE
The keynote of this administration is one that is most unpleasant to sound. On account of the excess appropriations of 1927 and 1929 the General Assembly finds itself this year facing the problem of providing a method of paying the past-due-and-unpaid obligations of the State to its institutions, which will total in round figures eight million nine hundred thousand dollars by the end of 1931. In addition to this, existing loans amounting to four million dollars obtained through exercise of the borrowing power of the Governor, must be repaid out of the taxes for this year. We thus find ourselves faced with the gigantic task of paying or funding a floating indebtedness

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amounting to around thirteen million dollars with a treasury that is empty and a people already sorely burdened with taxation.
The principle of economy must guide our every move and endeavor. As distasteful as it may be to us, this administration, regardless of personal considerations or those who may be affected, must reduce the expenses of the State, certainly to such an extent that expenditures will be brought within assured revenue.
Having seen for four years the dire consequences of appropriating millions in excess of the income of the State there is a widespread public demand for retrenchment which leaves us no other alternative than to balance expenditures with income without regard to the arguments or importunities of those who still insist on excessive appropriations.
No legislative body in Georgia has ever faced a similar problem. There will never be a time or place for talk of repudiating one cent of these past-due-and-unpaid appropriations. They constitute a debt of honor against the State and in equity and good conscience are as binding as the bonded indebtedness recognized by the Constitution.
It is manifestly impossible to pay this vast sum at once
but we should devote our best efforts in this direction and work out a systematic plan for the retirement of these obligations.
Under existing tax laws it is estimated by those in authority that there will be available for general appropriations the sum of ten million seven hundred twenty-eight thousand dollars ($10,728,000.00) for each of the years 1932 and 1933. Unless additional revenue be raised it is our plain duty to restrict expenditures to this amount. When we consider that general appropriations for the year 1931 total thirteen million two hundred thousand dollars ($13,200,000.00) we can hardly comprehend the problem facing the legislature in keeping the budget with-

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in the State's income. From my years of service in that body I know something of the tremendous pressure which is applied to the legislature to appropriate sums in excess of the revenue of the State, but I have explicit confidence that the men of courage, determination and conviction who constitute the present General Assembly will see that income and outgo in Georgia are balanced. When we consider that 80 or 85 cents today is equal in buying power to a dollar in 1929 we may console ourselves with the thought that a reduction in appropriations for the various departments and institutions of the State should not mean an impairment of their efficiency or ability to serve our citizens.
It is imperative that we economize, but we must permit no wasteful and false economy. All essential institutions and functions of government must be provided for and plans made to insure their proper growth. Georgians of today can not tolerate stagnation or retrogression in governmental afFairs. The means by which we can reduce expenditures without retarding progress presents a condition sufficiently serious to excite the interest of every true Georgian and important enough to deserve their full measure of consideration and support. The solution of this problem demands statesmanship and conscientious service of the highest order.
The desperate financial condition that Georgia faces today can only be cured through heroic measures of relief. A considerable saving can be. effected by the reorganization of our State Government and the consolidation of boards, departments and bureaus, and this saving will not only evidence itself directly through reduction in expenditures but will render a great benefit through increased efficiency. The people of Georgia have spoken unequivocally in favor of a drastic revision of the administrative agencies of our government.
I realize that every movement in this direction is likely to be met by bitter opposition from some of those who

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may be affected by any proposed changes. However, we cannot permit ourselves to be swayed by personal appeal or sympathy in our efforts to legislate for the common good. The members of the General Assembly will do well to resolve all doubts which may be created in their minds by the highly organized lobbying of those who oppose reforms, in favor of the vast non-organized, nonlobbying masses of the taxpayers who are supporting our government.

IMPORTANCE OF EDUCATIONAL AND HIGHWAY
DEVELOPMENT
\Ve have come to realize that education and highway building are in modern civilization twin pathways to progress. Despite the adverse circumstances which surround us, if Georgia would keep pace with the forward march of the states of the union, we cannot afford to lag behind in education and in the development of our highways. The sums spent on these activities are sure to pay a fair return and are now recognized as being an investment rather than an expenditure. It would be futile for me to attempt to discuss here the necessity for properly supporting our educational institutions, from the common schools through the University system. Vve have recognized as a fundamental principle of democratic government the necessity for equalizing educational opportunities of the State in order that there may be no aristocracy in education and that the boys and girls who live in the rural section may be afforded the same advantages in education as those who live in the towns. For the purpose of equalizing educational opportunities our State Government has created a fund, amounting to approximately two and a half million dollars a year, to be expended in the poorer and weaker communities in order to improve the standard of education in the State for the benefit of the country boy and girl. To my mind there can be no more deserving expenditure of public funds

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than this, nor any that will be more beneficial to the future development of Georgia. The creation of this fund marked the most upward and forward stride in education by our State in all its history.
No one today has the temerity to question the duty of the State to provide adequate educational facilities for the boys and girls who will constitute the future manhood and womanhood of Georgia. The richness of our history and traditions will soon be forgotten if we do not perpetuate a standard of citizenship in keeping with modern conditions and present day civilization. All Georgians glory in the natural resources of Georgia: in the water-power in our streams, the minerals in our hills, in the fertility of our soils, but unless the boys and girls of Georgia are trained to develop the resources of Georgia they will be bound in economic slavery to those of other states who receive educational advantages superior to our own.
Most of our social problems are basically problems in education. It is estimated by competent authorities that the cost of crime in Georgia is almost four times greater annually than the entire amount expended for the upkeep of our State government and all subdivisions thereof. Through proper education and training, and the building of a real civic consciousness, this enormous loss can almost be eliminated. There is no way to compute the exact economic loss to the State from poor health conditions and from the ravages of preventable diseases, and we know that the questions of good health and improved living conditions and enabling our people to enjoy the finer things of life, must be ultimately solved through education.
If Georgia would not fall hopelessly behind her sister states, we must continue to improve our system of public highways. There can be no cessation in the work of building and hard-surfacing a highway system adapted to modern transportation and present day needs. On account of the size of our State and the sparseness of our population in some counties there has been some discrimination in

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the past between the sections that were wealthy and able to assist in the financing of paved roads and the poorer sections who were unable to contribute for this purpose. There must be no discrimination in highway development but the State should improve and complete the highway system without regard to and without demanding assistance from the counties of the State.

URGES STABLE TAX SYSTEM
The greatest service which could be rendered Georgia at this session of the General Assembly would be to thoroughly stabilize our tax system on a basis fair to all classes of our people. This would enable the people of Georgia and those who are contemplating moving within our borders to know definitely what contribution will be required of them for the support of the government. Continual tinkering with and changing of our tax system frightens capital and prevents expansion and development. If Georgia would assure the world that our tax system is stable and not subject to constant change, it would be the greatest advertisement possible for the State and would result in untold good. It would attract new citizens of means and encourage local capital to come out of hiding and go to work, thereby providing employment for our citizens. Let us make every effort to adjust our system to our needs at this session and advise the world that those operating or living in Georgia need expect no immediate changes.
The kn:::Jwledge that Georgia has practically no bonded indebtedness and a stable tax system, in conjunction with the many and varied natural advantages offered by our State, would make her the field for the greatest industrial development ever experienced by any State in the Union.
As a rule, capital is willing to bear a fair share of the cost of government, but it is very sensitive to frequent legislative changes in manner and mode of taxation.

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LAW ENFORCEMENT
The vast majority of the people of Georgia are law abiding and respect our institutions. We have, nevertheless, experienced our share of the general nationwide trend of lawlessness and of lax enforcement of the law which has assumed such proportions as to almost threaten our civilization.
Without attempting to go into the many intricate causes for the marked increase in crime, we re-affirm that no democracy can exist without respect by all of our people for the laws ordained by the majority. If ever there was a time when those holding positions of trust and responsibility should realize that a public office is a public trust, that time is today. Malfeasance in office, whether petty graft or wholesale fraud, must not be tolerated or condoned. Neither is there room in Georgia for the gangster or for highly organized crime which seeks to constitute itself into a super-government by control of our established agencies for enforcing law and administering justice.
The laws of Georgia must be enforced and the property and persons of our citizens protected. If the machinery of our courts is inadequate to cope with crime and punish criminals, or if our criminal procedure permits violators of the law to circumvent or defeat justice and escape punishment for their misdeeds, it behooves us to immediately strengthen our machinery and correct the defects to the end that no criminal shall go unwhipped of justice.
One of the anomalies of modern civilization is the maudlin sympathy extended the perpetrators of the vilest crimes by those who pride themselves on their good citizenship. Swift and certain punishment is the surest deterrent of crime and there must be no palliation of unprovoked and premeditated violations of the law.
The duty of seeing that the laws are enforced is vested in the executive branch of the government and as the head

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of the executive department, I pledge every power of the governor's office to the faithful and impartial enforcement of the laws of this State. I urge every citizen of Georgia to assist me in this effort. Especially should we see to it that those who coolly calculate to take their chances and profit by crime are detected and convicted, and forced to suffer the full consequences of their acts.
At a later date I will appear before the General Assembly and discuss the various campaign statements and the principles enumerated in the platform of the State Democratic Party looking to reforms in our government and the restorati::m of a sound fiscal policy for the State. On this occasion, in assuming the office of Governor of Georgia, I would impress upon all of our people the need for complete harmony between every interest, every school of thought, every section, and every citizen of our State. In the solemnity of this hour, facing the conditions in which the State finds itself, no citizen can escape his responsibility. I realize the futility of any one man or several men, attempting to successfully cope with these conditions. The General Assembly of this State, no matter how unselfish, earnest and patriotic in its endeavors, cannot hope to succeed in its task without the encouragement and support of an enlightened public opinion. Georgia belongs to all of her citizens, and the State's business is the people's business.
Let every citizen of Georgia build in his heart a vision of a. greater, more progressive Georgia,-a Georgia with a people who are busy, prosperous and contented. A Georgia with her unequalled natural resources utilized to the limit of their possibilities,-with the wheels of industry constantly humming,-with our broad and fertile acres supplying more than our every need and an agricultural population self supporting and independent. A Georgia where capital is assured of fair treatment and an ample return, paying labor a living wage, enabling those who live by the sweat of their brows to support their fami-

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lies in comfort. Envision with this a government rendering its citizens a full measure of service at a reasonable cost and guided in all of its movements and functions by the eternal principle of 'equal rights to all and special privileges to none.'
Those who bring this picture into reality will receive the plaudits of those whom they seek to serve and enjoy the approbation of their own consciences. May we surmount every obstacle and conquer every adversity tending to delay the forward march to Georgia's destined supremacy.

The benediction was pronounced by the Reverend Taylor Morton.

The joint session of the General Assembly then stood dissolved, and the Senate and House adjourned until 11:00 o'clock, A. M., Monday, June 29th, 1931.

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SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, JuNE 29, 1931.

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.

The roll was called, the following Sena tors answermg present:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported, through Senator Pratt of the 41st District, that the Journal of last Saturday's proceedings had been examined and found correct.

By unanimous consent, the reading of the Journal was dispensed with and the Journal was confirmed.

The following joint resolution of the Senate was read and adopted:

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By Senators Harris of the 18th District and West of the 11th District-
Senate Resolution No. 18. Be it resolved by the Senate, the House concurring, that the General Assembly convene in joint session at 11:30 o'clock, A. M., on Monday, June 29th, 1931, in the Hall of the House of Representatives for the purpose of receiving a message from His Excellency, the Governor. Be it further resolved, that a committee of three from the Senate and five from the House be appointed by the President and the Speaker, respectively, to escort His Excellency, the Governor, to the Hall of the House of Representatives to deliver his message.

Under authority of the resolution, the President appointed as the committee on the part of the Senate the following Senators:
Harris of the 18th Distr:ct, Nelson of the 13th District, Weekes of the 34th District.

Senator Harris of the 18th District asked unanimous consent that Senators having bills and resolutions to introduce, send them to the desk. The consent was granted.

The following privileged resolutions were read and adopted:

By Senator Pratt of the 41st District-
Senate Resolution No. 19. A resolution extending the privileges of the floor to Hon. G. A. Jones of Fannin County during his st<J y in the City.

By Senator Watkins of the 3rd District-
Senate Resolution No. 21. A resolution extending the privileges of the floor to former Senator, Dr. P. H. Comas, during his stay in the City.
1

MoNDAY, JuNE 29, 1931.

133

By Senator Lazenby of the 29th District-
Senate Resolution No. 22. A resolution extending the privileges of the floor to the Hon. A. Davidson, Editor of the Columbia NEWS, of Harlem, Ga., during his stay in the City.

By Senators Harris of the 18th District and Duckworth of the 7th District-
Senate Resolution No. 23. A resolution extending the
privileges of the floor to the Hon. R. G. Dickerson of Val-
dosta, Ga. during his stay in the City.

By Senator Tippins of the 49th District-
A resolution extending the privileges of the floor, during their stay in the City, to the following distinguished gentle-
men of the 49th District: Former Senator J. P. Dukes, J. Morgan and 0. E. Edenfield.

The following resolution was introduced, and read the first time:

By Senator McWhorter of the 50th District-
Senate Resolution No. 20. A resolution giving assent of the State of Georgia to an Act of Congress of the United States providing for further development of cooperative agricultural extension work.
Referred to Committee on Agriculture.

The following resolution was introduced, read, and adopted:

By Senators Stark of the 43rd District, Dekle of the 6th District, Hand of the 8th District, McWhorter of the 50th District, and West of the 11th District-
Senate Resolution No. 24. A resolution authorizing the President of the Senate and the Secretary of the Senate to

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JouRNAL OF THE SENATE,

appoint certain attachees for the Senate for the sesswn of 1931.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following resolution of the Senate, to-wit:

By Senators Harris of the 18th District and West of the 11th District-

Senate Resolution 1\'o. 18. A resolution providing for a

joint session of the House and Senate for the purpose of

receiving a message from His Excellency, the Governor.

The Speaker has appointed as a committee of escort on

l

the part of the House:

Messrs. Meredith of Muscogee,

vVestbrook of Dougherty,

McRae of Fulton,

Mixon of Irwin,

Wood of Clarke.

The following bills of the Senate were in traduced, read the first time, and referred to committees:
By Senator Neill of the 24th DistrictSenate Bill No. 15. A bill to change the time of holding
Muscogee Superior Court, and for other purposes. Referred to Committee on Special Judiciary.

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135

By Senator Watson of the 3rd District-
Senate Bill No. 16. A bill to be entitled an Act to prohibit the use of seines and similar devices in the fresh water streams of the State, and for other purposes.
Referred to Committee on Game and Fish.

By Senator Strickland of the 1st District-
Senate Bill No. 17. A bill to be entitled an Act to amend an Act to regulate Banking in State of Georgia, and for other purposes.
Referred to Committee on Banks and Banking.

By Senator Watson of the 3rd District-
Senate Bill No. 18. A bill to amend an Act approved August 26th, 1925, being an Act for the protection of Birds, Fish, Game and Fur bearing animals, and for other purposes.
Referred to Committee on Game and Fish.

The "Commission to have prepared for adoption a new revised Code of the Laws of this State," made the following report:
June 19th, 1931.
To THE GENERAL AssEMBLY oF GEoRGIA:
Pursuant to a resolution "Providing for the designation of a commission to have prepared for adoption a new revised Code of the Laws of this State," approved August 27th, 1929, the Supreme Court and Court of Appeals selected respectively a member of the Commission, and the members so selected, together with members of the Commission designated by the General Assembly, met and was duly organized. We have diligently pursued the object of

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the resolution, and, after painstaking care, have entered into a contract with The Harrison Company, as publishers subject to the approval of the General Assembly, as provided in the aforesaid resolution.
The con tract is hereto attached, and the terms thereof are self-explanatory. The Commission holds itself in readiness to supply to the General Assembly, or any committees thereof, any and all further information in our possession that may be desired. We recommend the adoption of an act approving the contract, and also adopting the code as the law of the State.

To the Honorable President of the Senate Atlanta, Ga.
Copy to the Speaker of the House of Representatives.

Respectfully submitted,
S. PRICE GILBERT, Chairman.
~ASH R. BROYLES, \V. CECIL NEILL, RrcHARD B. RussELL, JR., GEo. \V. STEVE~s.

GEORGIA, FULTON COUNTY.
This Contract and Agreement, made and entered into this 27th day of May, 1931 by and between The State of Georgia, acting herein by and through The Code Commission, hereinafter called The State, of the one part; and The Harrison Company, a corporation organized and existing under the laws of Georgia, with its principal office and place of business in the City of Atlanta, Fulton County, Georgia, hereinafter called The Publisher, of the other part, Witnesseth That:
Whereas, under a joint resolution approved August 27, 1929 (Ga. Laws 1929, p. 1487) The Code Commission was created, with authority to examine such manuscript or manuscripts as might be prepared and submitted by any reputable and competent party containing a compilation of all laws of Georgia of general application, and if a satis-

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137

factory manuscript should be submitted to negotiate with the compiler thereof for the publication of a sufficient number of copies of the said revised code for distribution to State and County officers; and
Whereas, The Publisher has submitted the manuscript of a revised code in the form agreed upon with The Commission, which said manuscript has been approved by The Commission.
Now, Therefore, in pursuance of the authority contained in the joint resolution aforesaid, which said resolution is hereby made a part of this agreement, it is contracted and agreed by and between The State and The Publisher as follows:

1. COMPLETION OF MANUSCRIPT.
The Publisher will complete the manuscript of the said revised code in the form and style agreed upon with The Commission, said manuscript to contain as near as may be all laws of Georgia of general application, including all such laws as were enacted at the Extraordinary Session of the General Assembly held in 19:)1 and such additional laws as may be enacted by the General Assembly at the Regular Session in 1931, with such changes in the manuscript as may be necessary on account of laws so passed; together with the Constitutions of Georgia and of the United States as amended; and a complete and comprehensive index to the entire work; and a table showing where the sections of the Code of 1910 may be found in the revised code. This Code shall be designated as the Code of Georgia of 1932.

2. PUBLICATION OF THE CODE.
When the said revised Code shall have been adopted by the General Assembly as the official code of the State, The Publisher will promptly have the same printed and bound in one volume. The size and style of type, type page, and size of page to be in accordance with sample submitted to

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and approved by The Commission. The said code will be printed on cream colored paper, size 27%x42, 42 lbs., basis 35 lbs., of the texture, finish, and quality as the sample submitted to and approved by The Commission, the paper to be the same as or similar to that used in the 1930 Code of Mississippi. The books are to be substantially bound in Dupont fabrikoid, dark blue color, the fabrikoid to be in accordance with sample submitted to and approved by the Chairman of the Commission. The books are to be sewed on silk head bands and stamped on backbone in genuine gold leaf. The Publisher will also if desired, blind stamp on the side the seal of the State and the words "Property of the State. To be delivered to your successor in office" or the equivalent if other words are preferred by The Commission.
3. COPY-RIGHT.
The Publisher will have the revised code copy-righted in rhe name of the State, it being agreed that The Publisher shall have the right to use any or all of the material in the preparation and publication of other editions of the code or other publications, and that The State will not permit the use of any of the copy-righted material appearing in the said code except the text of the laws themselves by any other publisher, compiler, or other person, firm, association, or corporation.
4. SALE TO THE STATE.
The Publisher will sell and deliver to The State three thousand five hundred (3,500) copies of the said revised code at $9.75 per copy, delivered at the State Library in the Capitol, Atlanta; and will furnish such additional copies as may be required by The State at the same price per copy, provided the order for said additional copies is placed before the printing of the code is begun. It is understood and agreed that the books purchased by The State hereunder will not be resold but will be distributed as provided in the resolution ..

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139

5. PAYl\IENT FOR THE BOOKS.
The State will pay for the number of copies of the code purchased by rt upon the delivery of the books to the State Librarian.

6. SALE TO PRIVATE PARTIES.
The Publisher agrees to sell the revised code at retail to purchasers within the State at not exceeding S15.00 per copy delivered.

7. APPROVAL BY THE GENERAL ASSEMBLY.
This contract shall not become binding on The State until the same shall have been approved by Act or Resolution by the General.Assembly.
In Witness Whereof, The State, by The Code Commission and The Harrison Company, by its duly authorized officers have caused these presents to be duly signed and sealed in duplicate the day and year first above written.
THE STATE OF GEORGIA,
By
s. PRICE GILBERT,
Chairman, ~ASH R. BROYLES, \V. CECIL NEILL, RICHARD B. RussELL, JR., GEo. \V. STEVE:--rs,
Secretary, THE CODE COMMISSION.
THE HARRISON COMPANY, By GEo. \V. HARRisoN, JR., Vice Pres. and Treas. J. T. DooNAN, Secretary.

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The \Vestern and A.tlantic Commission, through its Chairman, Hon. C. Murphey Candler, filed its final report, which follows:

Atlanta, Ga.,

June 24, 1931.

HoN. \V. CECIL NEILL, President, Georgia State Senate, Atlanta, Ga.

Dear Sir:
As required by the Act of 1929, which created the Western and Atlantic Commission for the purpose of leasing the Union Depot property in Atlanta, Georgia, the Commission herewith transmits to you its final report of its acts and doings on behalf of the State of Georgia, and, through you, to the Georgia State Senate.
Very truly yours,
C. MuRPHY CANDLER,
Chairman.

To THE GENERAL AssEMBLY oF GEoRGIA:
The undersigned were created as the \Vestern & Atlantic Railroad Commission under the Act of the General Assembly approved August 24, 1929. By Section 4 of said Act it was provided, "The Commission is hereby instructed and directed to prepare, so that the same may be presented to the General Assembly at its next session, a full report covering in detail its action in conformity with the provisions of this Act."
The Hon. H. Warner Hill named in the original Act as one of the Commission having declined to serve, the Hon.

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141

Herman H. Swift of Muscogee County, Georgia, was duly selected in his place, and signs this report as one of the Commission.
Acting under said legislative enactment the Commission met and organized and elected C. Murphey Candler as chairman and elected Mrs. Mattie E. Carrington as Secretary.
The only person or corporation offering to rent the Union Depot premises from the State was presented to the Commission by the lessees of the Western & Atlantic Railroad, and during the period of almost two years within which this Commission has functioned the only person or corporation offering on any terms whatever or even suggesting the possibility of a tenancy is the party with whom the contract was closed as will be hereinafter stated.
The Dixie Terminal Building Company, a corporation of Delaware, which is a subsidiary of the United States Cold Storage Corporation of Chicago, Illinois, made proposals for a seventy year lease to both the Western & Atlantic Railroad and the Western & Atlantic Railroad CommissiOn.
After much negotiating, the State through the Commission entered into a lease contract with the Dixie Terminal Building Company, and the Western & Atlantic Railroad (the Nashville, Chattanooga & St. Louis Railway joining in the lease) likewise entered in to a lease con tract.
The lease contract of the Railroad with the Dixie Terminal Building. Company expired at midnight December 27, 1969, which covered all of the period of the Railroad's lease, while the lease made by the Commission to the Dixie Terminal Building Company began at midnight December 27, 1969 and expired December 27, 1999.
By the terms of these two contracts it was agreed that the Building Company should erect upon the old Union Depot property in Atlanta a building pleasing in appear-

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Jou~NAL OF THE SENATE,

ance which should be not less than fifteen stories in height and should cost not less than the sum of $2,000,000.00, the main purpose of the build~ng being for warehouse purposes, while also the building was to be used in part for office and loft purposes.
Plans and specifications of the building to be erected were attached to the con tracts made both by the Railroad and the State, and these con tracts had been duly filed in the office of the Governor of the State of Georgia, together with said plans and specifications and are of record in said executive department.
At the time of entering into said con tracts the State, the Railroad, and the United States Cold Storage Corporation entered into a certain three-party contract which will now be described. It will be borne in mind that the only tenant offering to rent these premises was a wholly owned subsidiary of the United States Cold Storage Corporation, to-wit, the Dixie Terminal Building Company. The Railroad and the State sought to obtain from the prospective tenant the best security possible or available for the erection of the buildings as therein described.
The original contract of the Railroad and the Dixie Terminal Building Company required that the building proposed should be constructed on or before August 1, 1931. The Railroad and the Building Company, however, entered subsequently into an amended contract by which the time of completing said building was extended to August 1, 1932.
The original con tract between the State and the Dixie Terminal Building Company required that the building should be completed by August 1, 1932.
The said three-party contract was entered into upon the request of both the Railroad and the State that some sort of assurance other than the contract with the Dixie Terminal Building Company should be given that the contracts would be complied with. The Dixie Terminal Building Company was a new corporation wholly owned by the

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143

United States Cold Storage Corporation. By the terms of the three-party contract the United States Cold Storage Corporation agreed that it would organize the Dixie Terminal Building Company; that it would acquire all of the stock therein; and that it would pay into the Dixie Terminal Building Company's treasury the sum of S1,000,000.00. This was the best security which could be obtained from the prospective tenant and was as far as the tenant would go in providing any security for the building. The Commission, through its attorney, sought to have the prospective tenant to give a surety company bond for the erection of the building according to the plans and specifications and within the time agreed upon, or, in lieu thereof, to deposit securities for a sufficient amount to insure the erection of the building as per the plans and within the time contracted for, but the prospective tenant declined all of these suggestions and urgings, and the best security which could be obtained was the three-party agreement herein referred to, by which the United States Cold Storage Corporation agreed to pay S1,000,000.00 into the Dixie Terminal Building Company.

The Commission examined thoroughly in to the financial condition of the United States Cold Storage Corporation and found its financial standing was excellent, its net worth being reported as upwards of $3,000,000.00.

It is unnecessary to burden this communication with all of the details of the two contracts as they are very voluminous, but the salient points in them have been stated.

Before and during the pendency of negotiations for these contracts, the Public Service Commission of Georgia took up with the Railroad the erection of a new depot and as a result of these negotiations the old Union Depot was demolished and a handsome new depot was constructed upon the State's premises west of the Forsyth Street viaduct at a cost of several hundred thousand dollars.

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JouR~AL OF THE SENATE,

After the execution of said contracts the Dixie Terminal Building Company began work upon the foundations for the proposed building on the site of the old Union Depot, and this Company reports to this Commission that it has expended approximately the sum of $250,000.00, of which 5150,000.00 was spent in the work of physical improvements on said premises for the foundation of said building, the said Company h<Jving sunk concrete piling at various points on said premises to an enormous depth, and in one instance the piling going down 127 feet before reaching bed rock. All of these pilings go to bed rock and whatever building may hereafter be erected upon said site will necessarily have to use said pilings for the reason that the location of said pilings has been fixed and definitely determined by the Railroad track layout. There are over 15;) of these piles aggregating 7011 lineal feet and 4 to 5 feet each in diameter, as reported to this Commission.
This is stated to show the extent to which the property of the State has been improved by the work which has been done up to this date and the Commission calls attention to the fact that the title of the Act creating it is to provide for the construction, operation and maintenance of permanent improvements on the Western & Atlantic property.
It was stated to this Commission by representatives of the tenant corporation that approximately fifty per cent. of the construction cost was to be raised through the flotation of bonds secured by mortgage on the leasehold interest of the tenant, and the tenant reported that tentative agreements to this effect had been made with parties who were to furnish the money. Recently, and under date of May 26, 1931, the Dixie Terminal Building Company has sent a communication to this Commission, the substance of which is that on account of the stringent times and the difficulty, if not impossibility, of securing money with which to continue the work of construction, that it has become impossible for it to further finance the proposition

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145

of putting up the building as contracted for and within the time contracted for, and that in order to make any improvements upon the premises the size of the proposed structure must be lessened, the cost must be lessened, and the time within which the building is to be constructed must be extended. The sum and substance of the proposition made by the Dixie Terminal Building Company is shown by the written proposition hereto attached and presented with this communication, together with plans for the proposed new building.
The new proposed building is to be constructed in two units: Unit A is to be constructed by August 1, 1933 at a cost of $1,000,000.00 and is to be nine stories high on Central Avenue, and is to front one story above the viaduct on Pryor Street, the Pryor Street frontage to be used for retail stores, and the balance of the building to be used for cold storage and warehouse purposes; the second unit, or Unit B, is to cost an additional $500,000.00 and is to complete the nine story structure on the P.ryor Street viaduct and is to be completed by the first of August, 1937.
The. Commission calls attention to the fact that the three-party contract by which the Cold Storage Corporation agreed to pay Sl,OOO,OOO.OO into the Dixie Terminal Building Company's treasury has been complied with, to the extent of $250,000.00 approximately, according to the reports made to this Commission.
Just what measure of damages would apply in case the contracts are left as they are and in case of failure of the Building Company to construct the building contracted for by August 1, 1932 is somewhat uncertain, dependent upon the marketability of these premises for rental purposes and many other considerations too numerous to mention. Because of this uncertainty and for other reasons, this Commission has conditionally and subject to the approval of the General Assembly entered into certain contracts with the Dixie Terminal Building Company and the United States Cold Storage Corporation, which will now be de-

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scribed. The Railroad has entered into a new contract with the Building Company, copy of which is hereto attached as Exhibit A, which contract in substance agrees to change the buildings from those originally outlined in the contracts of January 20, 1930, to a nine-story, S1,000,000.00 building, to be completed by August 1, 1933, known as Unit A, and the addition to said building known as Unit B to cost S500,000.00 and to be completed by August 1, 1937.
There is a provision inserted in the contract as made by the Railroad that it is not to become effective until approved by the General Assembly of Georgia.
Likewise, the Western & Atlantic Railr:::Jad Commission has entered into a conditional contract to the same effect with the Building Company upon the express condition that the General Assembly of Georgia shall approve the same, and that if the same is not approved by the General Assembly and approved by the Governor, that the same will not be of force and effect and that the status under the previous con tracts will remain of force.
The rental, it will be observed, fixed by these new contracts is the same as the rental fixed in the original contracts, that is, the Railroad will receive $25,000.00 per year during the term of its lease, and the State, beginning December 27, 1969, will receive $:~5,000.00 per year for the thirty years of its portion of the lease. The rental is payable in equal monthly instalments in advance. The total of this rental for the State will be $1,050,000.00, and this rental, we repeat, is in no way affected by the change of the contract.
This Commission was empowered by the Act creating the Commission to enter into the original contracts of January 20, UBO, and was not required to get any other or further consent from the Governor, the Legislature, or any other authority, and was only required to make a report of its acts and doings and be discharged on the 30th day of August, 19:31. But a doubt has arisen among members of

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147

the Commission as to whether, after having made the original contract, it could enter into another contract cancelling, in whole or in part, or amending, or modifying said original contract by a new and distinct contract. On account of this doubt the Commission has notified the Dixie Terminal Building Company that it would only enter into this contract conditionally and that it would make the new contract hereto attached subject to the approval of the General Assembly.
If your honorable body sees fit to approve the action of the Commission in making this new contract herewith presented, then said new contract, as we understand it, will become binding in all respects. If you do not see fit to approve the action of the Commission, then the status of the parties remains as it was before the execution of the con tracts hereto attached as Exhi bits A and B, and as it was under the prior con tracts.
In order to get the best security available from the Dixie Terminal Building Company to the Railroad and to the State for the compliance with the terms of the new contract, the Commission and the Railroad entered into negotiations with the Dixie Terminal Building Company and the United States Cold Storage Corporation for some security as liquidated damages in event of failure to comply with the contract to erect these improvements on time.
It will be observed that the State's right to rental only begins at a period of approximately 38 or 40 years from this date, while the Railroad's rental begins almost immediately. A reduction to its present value of the amount due the State, beginning with the rental in 1969, and of the amount due the Railroad, beginning almost immediately, will disclose that the amount to which the Railroad is now entitled would be more than double the amount paid the State.
The United States Cold Storage Corporation has agreed that it will deposit, in escrow, with the Trust Company of

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Georgia $100,000.00 in acceptable securities and that it will also give in addition its obligation for $50,000.00. These amounts are to be paid as liquidated damages to the State and to the Railroad if the building contracted for as Unit A is not completed by August 1, 19:33 in the following proportion: The Railroad to receive $66,6()6.66 of said securities and the State to receive $:3:3,:333.:3:3 of said securlt!es. ln addition the United States Cold Storage Corporation is to pay to the Railroad $33,333.3:3 and to the State $16,666.66, making a total payment to the Railroad of $100,000.00 and a total payment to the State of $50,000.00. In addition if the second unit is not constructed by August 1, 1937, then whatever buildings have been constructed as Unit A shall be forfeited to the State and to the Railroad as their respective interests may appear. The execution of the new four-party con tract, if ratified by the General Assembly, is to be in lieu of and to supersede the old three-party contract of January 20, 1930 and to cancel the said three-party con tract of January 30, 1930.
While the contracts and this report are signed by a majority of the commission only, it is for the reason that on account of conflicting engagements the other members of the Commission were not able to attend the particular meeting at which the contracts and this report have been signed. However, at a meeting of the Commission held on the 11th day of June, 1931, all of the Commission were present except Mr. Mcintosh of Dougherty County, and at said meeting the substance of these contracts and the substance of this report was thoroughly discussed and agreed upon by each of the members who were then present. At the present meeting, as appears from the signatures below, all of the Commission were present except Messrs. Swift and Mcintosh.
The Commission desires it understood that it approves of the contracts herewith returned and entered into by it conditionally, as hereinbefore set forth, and believes that the making of said contracts is for the best interest of the State.

MoNDAY, JuNE 29, 1931.

149

On account of the financial stringency and the difficulty of entering upon any construction work at this time, the Commission feels that the proposed building, as set forth in the new plans and specifications, is the best which can be done at this time, especially as the office feature of the building proposed to have been constructed originally would not be profitable owing to the oversupply of office buildings in the City of Atlanta and the vacancies existing therein at the present time. The Commission feels that it can do nothing else but accept the statement and representations of the proposed tenant that the difficulties of constructing a building according to the original plans are insuperable and that the financing thereof can not be had.

This report is the final report made by the Western & Atlantic Railroad Commission under the provisions of the Act of 1929, and the Commission refers to all the original con tracts referred to in this report as being of file in the office of the Executive Department of this State, and reference is hereby had to the same as if attached to this report or fully embodied herein.

June 24, 1931.

C. MuRPHY CANDLER,
WM. D. ANDERSON,
C. K. C. AusLEY,
w. c. MARTIN, w. F. JENKINS,
L. G. HARDMAN'

(EXHIBIT "A")

CONTRACT
This Contract, made and entered into this 24th day of June, 1931, by and between the Nashville, Chattanooga & St. Louis Railway, a corporation organized under the laws of the State of Tennessee and having its principal office in Nashville, Tennessee, and the Western & Atlantic Rail-

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road, Parties of the First Part, hereinafter together for convenience referred to as the "Railway;" and Dixie Terminal Building Company, a corporation organized and existing under the laws of the State of Delaware and authorized to do business in Georgia, Party of the Second Part, hereinafter for convenience sometimes referred to as the ,.'Warehouse,"

WITNESSETH:
tf/hereas, the parties hereto did on January 20, 1930 execute two certain lease contracts whereby the Railway leased to the Warehouse for a period beginning January 20, 1930, and ending at midnight on December 27, 1969, four parcels of land described in the said lease contracts and constituting a part of Land Lot No. 77 of the Fourteenth District of originally Henry, now Fulton County, Georgia; and,
IFhereas, the vVarehouse was, by the terms of paragraph 2-A of the above described lease contract which was filed for record in the office of the Clerk of the Superior Court of Fulton County, Georgia, on the 21st day of April, 1930, and recorded in Book 1310, Page 637, required to construct on Parcel 1 of the lands demised by said lease contract a building containing not less than ;JOO,OOO square feet of floor space, of which not less than 400,000 square feet of floor space should be designed for use for storage, forwarding and distributing purposes, or uses incidental thereto, which building was to be completed and ready for operation on or before August 1, 1931; and,
Whereas, the parties hereto did on September 8, 1930, modify the said lease contract so as to provide that, if the said building should not be completed prior to August 1, 1931, but should be completed on or before August 1, 1932, and otherwise in accordance with the provisions of the said lease contract, the Warehouse should be under no liability under said lease contract or otherwise to the Railway for

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151

or by reason of the failure of the Warehouse to complete the said building on or before August 1, 1931, or any other date occurring prior to August 1, 1932; and,
Now, Therefore, in consideration of the premises and the sum of Ten ($10.00) Dollars paid to First Parties by Second Party and other goods and valuable considerations, including a four party contract executed this day between the Nashville, Chattanooga and St. Louis Railway, Western and Atlantic Railroad, State of Georgia, United States Cold Storage Corporation and Dixie Terminal Building Company, receipt of all of which is hereby acknowledged, it is hereby covenanted and agreed between the parties hereto, as follows:
(1) Paragraph 2-A of the lease contract recorded in Book 1310, Page 637, in the office of the Clerk of the Superior Court of Fulton County, Georgia, and the contract dated September 8, 1930, are hereby cancelled and Paragraph 2 of this agreement is substituted therefor but the remainder of the two said lease con tracts is not altered, modified or rescinded but shall remain in full force and effect, including the rentals fixed therein and all other provisions thereof.
(2) The Warehouse shall be obligated to construct on Parcel 1 described in said lease contract recorded in Book 1310, Page 637, Fulton County, Georgia, a building containing not less than 400,000 square feet of floor space designed for use for storage, forwarding and distributing purposes, or uses incidental thereto.
The vVarehouse shall have the option of constructing said building in two units, as shown by unit plan hereto attached. If so constructed, the first unit shall comprise the entire eight floors on Central Avenue above the viaduct level extending back approximately 250 feet and the one floor and basement below the viaduct level fronting on Central Avenue and the one floor above the viaduct level and the one floor and basement below the viaduct level

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fronting on Pryor Street and consisting of at least 350,000 square feet of floor space, of which at least 325,000 square feet shall be designed for use for storage, forwarding and distributing purposes, or uses incidental thereto. The said unit shall be constructed in accordance with the plans hereinafter referred to. The second unit shall comprise at least seven floors above the first floor above the viaduct level facing on Pryor Street and shall consist of at least 100,000 square feet. The first unit shall be completed on or before August 1, 19:33, and the second unit on or before August 1, 1937, provided that the times for completion of said units shall be extended to the extent of the aggregate of delays in work occasioned by acts of God, strikes and lockouts occurring after construction has begun and provided that the Warehouse shall notify the Railway in writing at its principal office at Nashville, Tennessee, of the existence of such delay within a reasonable time from the commencement thereof.
The cost of the first unit shall be not less than One Million (S1,000,000.00) Dollars and the total cost of the said two units, when completed, shall be not less than One Million Five Hundred Thousand (S1,300,000.00) Dollars.
It shall be optional with the Warehouse to construct the second unit of said building either as office space or for use for storage, forwarding and distributing purposes, or uses incidental thereto, provided, however, that, when completed, the said two units shall contain not less than 400,000 square feet designed for use for storage, forwarding and distributing purposes, or uses incidental thereto.
Plans of the proposed building have been approved by both parties hereto as of January 20, 1930, and a copy
thereof identified by the signature of J. B. Hill on behalf of
the Railway and E. M. Dodds on behalf of the Warehouse is in the possession of each of said parties. Said building shall be constructed in accordance with such plans provided that changes therein desired by the Warehouse not involving a decrease of the amount of space to be designed

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153

for use for storage purposes below 400,000 square feet, nor decreasing the head room or space designed for operation of the through tracks of the meat track mentioned in said lease contract of January 20, 1930, nor involving any changes in the general type of construction may be made therein from time to time.

The Warehouse may construct on said Parcel 2, described in said lease contract dated January 20, 1930, and recorded in Book 1310, Page 637, Fulton County, Georgia, any building deemed necessary or desirable by it to be used for the same general purposes to which the Pryor Street frontage of the building to be erected on Parcel 1 may be devoted, provided the same is attractive in appearance and is constructed in accordance with the building ordinances of the City of Atlanta, and may use the southwesterly wall of said building to be constructed by it hereunder on Parcel 1 as a party wall for use as a part of such building on Parcel 2. Either of said buildings or any buildings hereafter constructed on said demised premises may be used by the Warehouse in connection with any building or buildings on adjoining property from time to time owned or leased by it and for said purpose appropriate entrances through the walls of said buildings may be made, provided that the same do not weaken the structure of said buildings on the demised premises and that, on the termination of the said lease contract by lapse of time or otherwise, the owners or occupants of such adjoining property shall have no further right to the use of such entrances and the same may be closed up. Changes in said buildings on the demised premises andjor additions thereto necessary from time to time in the judgment of the Warehouse for the proper operation thereof may also be made in said buildings, provided the structure is not weakened thereby nor the amount of space in such building on Parcel 1 designed for use for storage diminished. Said buildings shall be the property of the State of Georgia but subject to said lease, and at the termination of said

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JouRNAL OF THE SENATE,

lease by lapse of time or otherwise, any buildings then on said demised premises and all fixtures therein (other than trade fixtures) shall remain as the property of the State of Georgia of the then owner of the fee title to said land.

(3) This agreement is entered into by the Railway subject to the following condition, to-wit: That this agreement shall be approved by the General Assembly and the Governor of Georgia, and until said approval, this agreement is to have no force and effect, and the conditions and stipulations which follow are in all respects subject to said approval.

(4) In case any litigation in any way may arise between the parties to this contract, which in any way grows out of this contract or any breach thereof or any construction thereof, or any claim made thereunder, the Warehouse agrees that the Superior Court of Fulton County, Georgia shall have jurisdiction, and that it will agree to the jurisdiction of that court and will acknowledge service of any suit or proceeding therein; and it hereby appoints the Trust Company of Georgia as its agent hereunder and this power is made irrevocable, to acknowledge service of any suits and proceedings, and further names said Trust Company of Georgia as its agent to be served by the sheriff or other proper officer in any such suit or proceeding.

In Witness Whereof, the parties hereto have caused this contract to be executed in duplicate on the date and year first above set out.

THE NASHVILLE, CHATTANOOGA & ST. LOUIS RY.

(Seal)

By
J. B. HILL,
President.

ATTEST:

T. A. CLARKSON, Secretary.

MoNDAY, JuNE 29, 1931.

155

THE WESTERN AND ATLANTIC RAILROAD

(Seal)

By
J. B. HILL,
President.

ATTEST:

T. A. CLARKSON, Secretary.

Signed, sealed and delivered in the presence of

(Seal)

T. D. ARNOLD, LuciLLE A. WHITE.
Notary Public, Georgia State at Large.

My commission expires: ..................... .

DIXIE TERMINAL BUILDING COMPANY

(Seal)

By E. M. DoDDS, President.

ATTEST:

M. W. BoRDERS, JR., Asst. Secretary.

(Seal)

T. D. ARNOLD,

Signed, sealed and delivered in

the presence of

LuciLLE A. WHITE .

. . . . . . . . . . . . (Notary Public) My com. expires: ........ .

Georgia State at Large.

Under and in accordance with the terms and provisions of the Lease Act dated November 30, 1915, and the lease contract dated May 11, 1917, whereby the Nashville, Chattanooga & St. Louis Railway leased from the State of Geor-

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JouRNAL OF THE SENATE,

gia the Western & Atlantic Railroad, I, L. G. Hardman as Governor of the State of Georgia, do hereby approve the above agreement.
This the 21-th day of June, 1931.
L. G. HARDMAN'
Governor of the State of Georgia.

The Western & Atlantic Railroad Commission, appointed by and under the terms of an Act of the General Assembly of Georgia, approved August 24,1929, does hereby to the extent it has the power grant permission of the State of Georgia as owner of the Western & Atlantic Railroad, as well as sovereign, for the construction of the warehouse facilities and building described above. This approval carries no personal responsibility. This agreement is entered into by the Western & Atlantic Railroad Commission subject to the following condition, to-wit: That this agreement shall be approved by the General Assembly and the Governor of Georgia, and until said approval, this agreement is to have no force and effect, and the conditions and stipulations therein are in all respects subject to said approval.

This the 24th day of June, 1931.

STATE OF GEORGIA

By

c. MURPHEY CANDLER,

\V~L D. ANDERSON,

C. K. C. AusLEY,

w. F. JENKINS,

c. w.

MARTIN,

L. G. HARDMAN.

Members of the Western & Atlantic Railroad Com-
mission.

MoNDAY, JuNE 29, 1931.

157

Signed, sealed and delivered as to Western & Atlantic Commission in the presence of
T. D. ARNOLD, Lt:CILLE A. WHITE.
(Seal) Notary Public, Georgia State at Large. My commission expires: Feb. 17, 1934.

(EXHIBIT "B")

CONTRACT
This Contract, Made and entered into this 24th day of June 1931, by and between the State of Georgia, represented by the Western & Atlantic Railroad Commission appointed under the terms of an Act of the General Assembly of Georgia, approved August 24, 1929, as Party of the First Part, hereinafter sometimes referred to as the "State," and the Dixie Terminal Building Company, a corporation organized and existing under and by virtue of the laws of the State of Delaware and authorized to do business in Georgia, as Party of the Second Part, hereinafter sometimes referred to as the "\Varehouse."

WITNESSETH:
Whereas, the parties hereto did on January 20, 1930, execute two lease contracts whereby the State leased to the \Varehouse for the uses, purposes and considerations therein set forth, four certain parcels of land therein described and being a part of land lot No. 77 of the 14th District of originally Henry, now Fulton County, Georgia; and
Whereas, it is mutually desired to modify the said lease contract covering Parcels 1 and 2 and recorded in the office of the Clerk of the Sup~rior Court of Fulton County, Georgia, on the 8th day of April, 1930, and recorded in Book 1310, page 628, in the particulars mentioned herein;

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Now Therefore, in consideration of the sum of Ten ($10.00) Dollars paid to the State by the Warehouse, receipt of which is hereby acknowledged, and of other good and valuable considerations, it is agreed and stipulated as follows:
(1) This agreement is entered into by the Western & Atlantic Railroad Commission subject to the following condition, to-wit: That this agreement shall be approved by the General Assembly and Governor of Georgia, and until said approval, this agreement is to have no force and effect, and the conditions and stipulations which follow are in all respects subject to said approval.
(2) Paragraph 7 of the Lease Contract covering Parcels 1 and 2 above mentioned is hereby cancelled and Paragraph (3) of this agreement is substituted therefor but the remainder of the two said lease contracts is not hereby altered or rescinded in any way but shall remain in full force and effect including the rentals fixed therein and all other provisions thereof.
(3) The \Varehouse agrees that it will (under the terms of the lease con tract between the Nashville, Chattanooga and St. Louis Railway and the Western and Atlantic Railroad as lessors, and the \Varehouse as lessee, dated January 20, 1930, as well as under the said lease con tract between the State of Georgia and the \\7arehouse dated January 20, 1930,) construct on Parcel 1 described in said lease con tract dated January 20, 1930, a building containing not less than 400,000 square feet of floor space designed tor use for storage, forwarding and distributing purposes or uses incidental thereto, which building on its completion shall become and be the property of the State of Georgia, subject to any leases running in favor of the \Varehouse. The Warehouse shall have the option of constructing said building in two portions. The first portion shall consist of not less than 350,000 square feet of floor space and shall comprise at least eight floors above the viaduct level and one floor and basement below the viaduct level facing on Central Avenue

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159

in Atlanta, Georgia, and at least one floor above the viaduct level and one floor and basement below the viaduct level facing on Pryor Street. Such unit must be completed on or before August 1st, 1933. The second unit will comprise at least seven floors above the first floor above the viaduct level of Pryor Street and shall consist of at least 100,000 square feet. The second unit must be completed on or before August 1, 1937. It is agreed that the times mentioned above for completion of the two units of the said building shall be extended to the extent of the aggregate of delays in work by the acts of God, strikes and lockouts occurring after construction has begun. The cost of the first unit shall be not less than One Million ($1 ,000,000.00) Dollars and the total cost of the said building, when completed, shall be not less than One :\1illion Five Hundred Thousand ($1,500,000.00) Dollars.
It shall be. optional with the Warehouse to construct the second unit of said building either as office space or for use for storage, forwarding and distributing purposes, or uses incidental thereto, provided, however, that, when completed, the said building shall contain not less than 400,000 square feet designed for use for storage, forwarding and distributing purposes, or uses incidental thereto.
Plans of the proposed building have been approved by both parties hereto as of January 20, 1930 and a copy thereof identified by the signature of C. Murphey Candler on
behalf of the State and by E. M. Dod:ds on behalf of the vV arehouse is in the possession of each of said parties.
Said building shall be constructed in accordance with such plans and in accordance with the terms of this contract, provided that changes therein desired by the Warehouse not involving a decrease of the amount of space to be designed for use for storage purposes below 400,000 square feet, nor decreasing the head room or space designed for operation of the through tracks or the meat track mentioned in said lease contract of January 20, 1930, nor modifying the general type of construction may be made therein from time to time.

HiO

JouRNAL oF THE SENATE,

The \Varehouse may construct on said Parcel 2 any building deemed necessary or desirable by it, to be used for the same general purposes to which the Pryor Street frontage of the building to be erected on Parcel 1 may be devoted, provided the same is attractive in appearance and is constructed in accordance with the building ordinances of the City of Atlanta, and may use the southwesterly wall of said building to be constructed by it hereunder on Parcel 1 as a party wall for use as a part of such building on Parcel 2. Either of said buildings or any buildings hereafter constructed on said demised premises may be used by the Warehouse in connection with any building or buildings on adjoining property from time to time owned or leased by it, and for said purpose appropriate entrances through the walls of said buildings may be made, provided that the same do not weaken the structure of said buildings and that, on the termination of this lease by lapse of time or otherwise, the owners or occupants of such adjoining property shall have no further right to the use of such entrances and the same may be closed up. Changes in said buildings and/or additions thereto necessary from time to time in the judgment of the Warehouse for the proper operation thereof may also be made in said buildings, provided the structure is not weakened thereby nor the amount of space in such build_ing on Parcel 1 designed for use for storage diminished. At the termination of said lease by lapse of time or otherwise, any buildings then on said demised premises and all fixtures therein (other than trade fixtures) shall remain as the property of the State of Georgia. It is understood and agreed that the buildings from time to time on said premises shall be kept in good condition and repair by the Warehouse and insured to the full insurable value, as provided in Paragraph 10 of said lease con tract of January 20, 1930, and shall be turned back to the State at the expiration of said lease dated January 20, 1930, in as good condition as when constructed, ordinary wear and tear and depreciation excepted; except that, in the event the buildings be destroyed or damaged

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161

by fire or other cause, then the duty of the Warehouse shall be for reconstruction and repair, as is stated in Section 10 of said Lease Contract of January 20, 1930.
(4) There shall be no personal responsibility on the members of the Western & Atlantic Railroad Commission for the execution of this contract.
This contract is conditionally entered into as stated hereinbefore, and is subject to approval by a resolution of the General Assembly of Georgia.
(5) In case any litigation in any way may arise between the parties to this contract, which in any way grows out of this contract or any breach thereof or any construction thereof or any claim made thereunder, the \Varehouse agrees that in any suit by the State the Superior Court of Fulton County, Georgia shall have jurisdiction, and that it will agree to the jurisdiction of that Court and will acknowledge service of any suit or proceeding therein; and it hereby appoints the Trust Company of Georgia as its agent hereunder and this power is made irrevocable, to acknowledge service of any such suits and proceedings, and further names said Trust Company of Georgia as its agent to be served by the Sheriff or other proper officer in any such suit or proceeding.
In Witness Whereof, the parties hereto have hereunto set their hands and seals this 24th day of June, 1931.
STATE OF GEORGIA
By
C. MuRPHEY CANDLER, WM. D. ANDERSON,
w. c. MARTIN, w. F. JENKINS,
C. K. C. AusLEY, L. G. HARDMAN.
Members of the Western & Atlantic Railroad Com-
mission.

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JouRNAL oF THE SENATE,

Signed, sealed and delivered as to Western & Atlantic Railroad Commission in presence of
T. D. ARNOLD, (Seal) LuciLLE A. WHITE.
Notary Public, Georgia State at Large.
My commission expires: Feb. 17, 1934.

DIXIE TERMINAL BUILDING COMPANY

By

(Seal)

E. l\1. Dooos,
President.

ATTEST:

;\'!. \Y. BoRDERs, JK.,
Asst. Secretary.

Signed, sealed and delivered in the presence of

T. D. AR:--JOLD,

LuciLLE A. \VHtTE.

(Seal)

Notary Public, Georgia State at Large.

My commission expires: Feb. 17, 1934.

(EXHIBIT "C")

CO~TRACT
This Agreement, Made this 24th day of June, 1931, by and between the Nashville, Chattanooga & St. Louis Railway, a corporation of the State of Tennessee, and the Western and Atlantic Railroad, Parties of the First Part, hereinafter together for convenience referred to as the

MoNDAY, JvNE 29, 1931.

163

"Railway," the State of Georgia, represented by the Western & Atlantic Railroad Commission, appointed under the terms of an Act of the General Assembly of Georgia, approved August 24, 1929, Party of the Second Part, hereinafter referred to as the "State," the United States Cold Storage Corporation, a corporation of the State of Delaware, Party of the Third Part, hereinafter sometimes referred to as the "Corporation," and the Dixie Terminal Building Company, a corporation of the State of Delaware, Party of the Fourth Part, hereinafter sometimes referred to as the "Warehouse."

WIT~ESSETH:
IVhereas, First, Second and Third Parties hereto did on January 20, 1930, enter into a certain contract, whereby for good and valuable consideration the corporation agreed in substance among other things to purchase at least a majority of the capital stock of Dixie Terminal Building Company and to invest in such capital stock the sum of One Million (S1,000,000.00) Dollars on or before August 1, 1931, and to guarantee that, at the time of such investment, the net worth of Dixie Terminal Building Company would be at least One Million ($1,000,000.00) Dollars; and,
Whereas, it has been deemed advisable to modify certain contracts between the State and the Railway on the one hand and Dixie Terminal Building Company on the other, and in connection therewith to cancel the first above mentioned contract between the parties thereto and to execute this contract in lieu thereof:
Now, Therefore, in consideration of the sum ofTen ($10.00) Dollars to the State and the Railway paid by the corporation and the Warehouse, receipt of which is hereby acknowledged and the placing, in escrow, of $100,000.00 of securities as hereafter provided, and of the execution of additional contracts between the State and the Railway and the Warehouse and for other good and valuable con-

Hi4

JouRKAL oF THE SENATE,

siderations, it is hereby agreed that the aforesaid contract between First, Second and Third Parties hereto dated January 20, 1~l:m, be and the same is hereby cancelled, abrogated and terminated and each of the parties does hereby give to the others a complete release of any and all liability on account of the said contract.
This agreement is entered into by the Western & Atlantic Railroad Commission and the Railway subject to the following condition, to-wit: That this agreement shall be approved by the General Assembly and Governor of Georgia, and until said approval, this agreement is to have no force and effect, and the conditions and stipulations which follow are in all respects subject to said approval.
It is understood that the VVarehouse has this day executed contracts with the State and with the Railway modifying its lease contracts with the State and with the Railway dated January 20, 1~):30, and filed in the office of the Superior Court of Fulton County, Georgia, on April 21, 1930, and recorded in Book 1:)10, Page G28, and Book B10, Page 637, respectively. Copies of said new contracts are attached hereto and marked Exhibits "A" and "B" respectively. It is further understood that the said modifying contracts Exhibits "A" and "B" require the warehouse to construct a building on the property demised to the Warehouse by the said lease con tracts containing not less than 400,000 square feet of floor space designed for use for storage, forwarding and distributing purposes or uses incidental thereto and that the Warehouse shall have the option of constructing the said building in two portions or units, as described in said contracts. It is further understood that the first of such units facing on Central Avenue, Atlanta, Georgia, shall be completed not later than August 1, 193:3, at a minimum cost of One Million ($1,000,000.00) Dollars, and that the second unit facing on Pryor Street, Atlant<J, Georgia, shall be completed on or before August 1, 1937, and that the total cost of the said two units shall be not less than One Million Five Hundred Thousand

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165

($1,500,000.00) Dollars. It is further understood that the said dates for completion shall be extended to the extent of the aggregate of delays in work occasioned by Acts of God, strikes and lockouts occurring after construction has begun.

The Corporation agrees that it will, on or before July 15, 1931, deposit with the Trust Company of Georgia, a corporation organized under the laws of the State of Georgia and having its principal office in Atlanta, Georgia, or such other Trust Company as may be from time to time agreed on in writing between the parties hereto, in escrow, securities equal in value to One Hundred Thousand (Sl00,000.00) Dollars to be acceptable to the State and the Railway, the Governor acting for the State. In case such approved securities shall not be deposited as above provided on such date, this contract and said modifying contracts Exhibits "A" and "B" shall not take effect, their effectiveness being conditioned upon the deposit of the approved securities as above provided by such date, time being of the essence of this provision. If the first unit of the said building shall not be completed within the completion date as specified in the said contracts executed by the Warehouse with the State and the Railway of even date herewith and in accordance with the said contracts, then the said Trust Company of Georgia, or its successor, shall deliver to the Railway two-thirds (2/3) in value of the said securities and to the State one-third (1 /3) in value of such securities, and in addition thereto, the Corporation agrees that it will immediately pay to the Railway the sum of Thirty Three Thousand Three Hundred Thirty Three and 33/100 ($33,333.33) Dollars and to the State the sum of Sixteen Thousand and Six Hundred Sixty Six and 67/100 (:::;16,666.67) Dollars, and in addition the \Varehouse will turn over to the State and Railway all plans, drawings, specifications and engineering data prepared in connection with said proposed building. In such event, all of the buildings, structures and improvements placed upon the said land

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demised to the Warehouse by the State and the Railway shall be and become the property of the State and the Railway as their respective interests may appear, and all contracts, leases and/or lease contracts of the Warehouse and/or Corporation with either or both of the State and the Railway shall thereupon automatically be cancelled and abrogated and the \Varehouse and/or Corporation shall thereupon be relieved of any and all obligations or liabilities to the State and/or Railway and this contract shall operate as a complete release by the State and Railway to the \Varehouse and Corporation of any and all claims, actions or causes of action of any kind. The aforesaid shall operate as liquidated damages to the State and Railroad.
In the event that there shall have been expended upon the final unit of the said building within the time as specified in the contracts of the \Varehouse with the State and the Railway of even date herewith the sum of Nine Hundred Thousand (S900,000.00) Dollars and in case the construction engineers shall give to the Trust Company of Georgia, or its successor, a statement in writing to the effect that the said unit will be completed within the said time limit, then and in that event the said Trust Company shall permit the use of the said securities by the Corporation in the completion of the said unit and any and all obligations or liabilities of the Corporation hereunder shall cease and terminate immediately.
In case the first unit of the said building shall be completed within the time specified in the con tracts of the Warehouse with the State and the Railway but the second unit of the said building shall not be completed within the time limit specified for its completion in said contracts, then and in that event all of the property, buildings, improvements and structures placed upon the premises demised to the Warehouse by the State and Railway shall be and become the property of the State and the Railway as their interests may appear. In such event any and all liability or obligation of the Warehouse and/or Corporation

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167

under any and all leases, contracts and/or lease contracts with the State and/or Railway shall ipso facto terminate and this con tract shall operate as a complete release of all claims of the State and/or Railway against the Warehouse and/or Corporation. .
It is expressly agreed that this agreement shall not increase, diminish, abrogate nor in any way alter the rights of any mortgagee or trustee of the \Varehouse as set forth in Paragraph 14 of the lease contract of the Railway and the vVarehouse dated January 20, Hl:'W, recorded in Fulton County, Georgia in Book 1:310, Page G37, and in paragraph 24 of the lease con tract of the State and the \\'arehouse dated January 20, 1930, and recorded In Fulton County, Georgia, in Book U10, Page (i28.
In case any litigation in any way may arise between the parties to this contract, which in any way grows out of this con tract or any breach thereof or any construction thereof or any claim made thereunder, the Corporation and \Varehouse agree that the Superior Court of Fulton County, Georgia, shall have jurisdiction, and that they will agree to the jurisdiction of that court and will acknowledge service of any suit or proceeding therein; and they hereby appoint the Trust Company of Georgia as their agent hereunder, and this pmver is made irrevocable, to acknowledge service of any such suits and proceedings, and further name said Trust Company of Georgia as their agent to be served by the sheriff or other proper officer in any such suit or proceeding.
This contract is conditionally entered into as stated hereinbefore, and is subject to approval by the Governor and by a resolution of the General Assembly of Georgia. Under this contract is so approved, the said contracts of January 20, 1930, shall remain in full force and effect.
In !Fitness Whereof, the parties hereto have caused this contract to be executed in duplicate on the day and year first above set out.

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THE NASHVILLE, CHATTANOOGA & ST. LOUIS RY.
By J. B. HILL, President.
ATTEST: T. A. CLARKSON, Secretary.
THE WESTERN & ATLANTIC RAILROAD
By J. B. HILL, President.
ATTEST: T. A. CLARKSON, Secretary.
Signed, sealed and delivered in presence of
T. D. ARNOLD, LuciLLE A. \VHITE.
Notary Public, Georgia, State at Large. My commission expires: Feb. 17, 1934.
STATE OF GEORGIA
By C. MuRPHEY CANDLER, vVM. D. ANDERsoN. W. F. JENKINS,
w. c. MARTIN,
C. K. C. AusLEY, L. G. HARDMAN.
Members of the Western & Atlantic Railroad Commtsston.
Signed, sealed and delivered in presence of
T. D. ARNOLD,
LuciLLE A. WHITE. Notary Public, Georgia State at Large.
My commission expires: Feb. 17, 1934.

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169

UNITED STATES COLD STORAGE CORPORATION

ATTEST:

By

M. W. BoRDERs, JR., Asst. Secretary.

E. M. DoDDs, Vice President.

Signed, sealed and delivered in the presence of

T. D. ARNOLD, LuciLLE A. \VHITE,
Notary Public, Georgia State at Large.

My commission expires: Feb. 17, 1934.

DIXIE TERMINAL BUILDING COMPANY

ATTEST:

By

l\1. \V. BoRDERs, JR., Asst. Secretary.

E. l\1. DoDDs, President.

Signed, sealed and delivered in the presence of

T. D. ARNOLD, LUCILLE A. \VHITE,
Notary Public, Georgia State at Large.

My commission expires: Fe b. 17, 1934.

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JouRNAL OF THE SENATE,

(EXHIBIT "D")

LEASE

STATE OF GEORGIA
TO
DIXIE TERJ\IL\JAL BlJILDH\G COMPAl'\Y

DATED JA~UARY 20, 1930.
Filed for Record in the office of the Clerk of the Superior Court of Fulton County, Georgia, on the 21st day of :\pril, 1930, at 2:00 o'clock P. ~I., and recorded in Book BlO, Page 628.

THIS CONTRACT OF LEASE, made and entered into this 20th day of January, 1930, by and between the STATE OF GEORGIA, represented by the Western & Atlantic Railroad Commission appointed under the terms of an Act of the General Assembly of Georgia approved August 24, 1929, as party of the First Part (hereinafter sometimes referred to as the "State"), and the DIXIE TERMINAL BUILDING COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Delaware and authorized to do business in Georgia, as party of the Second Part (hereinafter sometimes referred to as the "\Varehouse"),
\\'ITKESSETH:
lf/lzereas, by virtue of an Act of the General Assembly of Georgia, approved November 30, 1913, the State of Georgia leased the Western & Atlantic Railroad to The Nashville, Chattanooga & St. Louis Railway by lease contract dated May 11, 1917, for and during the term beginning De-

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171

cember 27, 1919, and expiring at midnight on the 27th day of December, 1969, which lease embraced the two tracts of land in Atlanta, Georgia, hereinafter specifically described, with certain reservations as therein described; and,
Whereas, The ~ashville, Chattanooga & St. Louis Railway, lessee of the \Vestern & Atlantic Railroad, and the \Vestern and ;'\tlantic Railroad, as lessors, have leased the said property to the Dixie Terminal Building Company as lessee, for a term which runs until midnight of December 27, 1969, by lease dated January 20, 1930, a copy of which is attached hereto and marked Exhibit 1; and,
Whereas, the General Assembly of the State of Georgia, by Act approved August 24, 1929, created the Western & Atlantic Railroad Commission for the purposes and with the powers therein expressed.;
Now, Therefore, in consideration of the mutual covenants, agreements and conditions herein contained and hereinafter set forth the parties hereto agree as follows:
1. The State hereby leases to the \Varehouse, for a term of thirty years beginning at midnight December 27, 1969, and ending at midnight December 27, 1999, for the uses, purposes and considerations hereinafter set forth, the two following described parcels of land, including all buildings and improvements thereon or which may hereafter be erected or placed thereon, specifically excepting therefrom all existing and future railroad tracks and turnouts and fully retaining the right and easement for track construction and the maintenance and operation of trains thereon, as is hereinafter provided in section 4 hereof, and subject to the right of the City of Atlanta, if any, to maintain the viaducts on \Vall Street, Pryor Street and Central Avenue in their present positions with an overhang on such parcels of land, said parcels being described as follows:
Parcel I. A certain strip or parcel of land situated in the City of Atlanta and being a part of land lot No.

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77 of the 14th district of originally Henry, now Fulton County, Georgia, and extending from the east margin of Pryor Street to the west margin of Central Avenue as reconstructed recently. Said strip of land is more particularly bounded and described, as follows:
Beginning at a point in the easterly line of Pryor Street one hundred thirty-two (132) feet north of the northeast corner of Pryor and Alabama Streets; thence north along the east edge of Pryor Street one hundred
forty-five feet six and one-half inches (145' 6U"),
more or less, to \Vall Street as recently reconstructed; thence in an easterly direction along the south edge of Wall Street, a distance of three hundred sixty-six feet six and five-eighths inches (366' 6 5/8"), more or less, to the westerly line of Central Avenue as recently reconstructed; thence in a southerly direction along the west line of Central Avenue a distance of one hundred fifty-seven feet nine and five-eighths inches (157' 9 5;8"), more or less, to the southern boundary line of the Union Depot lot, said southern boundary line being described in a deed from Jane L. Mitchell et al. to the State of Georgia dated October 29, 1870, recorded in Book "N", page 742, at the Clerk's Office, Superior Court, Fulton County, Georgia; thence in a westerly direction with the southern boundary line of said depot lot, a distance of three hundred forty-six feet seven inches (346' 7"), more or less, to the point of beginning.
Parcel 2. A certain strip or parcel of land situated in the City of Atlanta and being a part of land lot :-.Jo. 77 of the 14th district of originally Henry, now Fulton County, Georgia. Said strip of land is more particularly bounded and described as follows:
Beginning at a point in the easterly line of Pryor Street one hundred thirty-two feet (U2') north of the northeast corner of Pryor and Alabama Streets (this being the same beginning point as described above in the First tract); thence in an easterly direction on a

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173

straight line following the south boundary of the Union Depot lot (said boundary being described in a deed
from Jane L. :Mitchell et a!. to the State of Georgia
dated October 29, 1870, recorded in Book "N", page 7;!2, at the Clerk's Office, Superior Court, Fulton County, Georgia), a distance of one hundred feet five inches (100' 5") to an iron stake; thence in a southerly direction parallel to the easterly line of Pryor Street a distance of seventeen feet ten inches (17' 10") to an iron stake, which marks a point ten (10) feet from the northeast corner of the brick building owned by Mrs. Sarah Grant Slaton; thence in a westerly direction on a direct line, a distance of one hundred feet two inches (100' 2") to a point in the easterly line of Pryor Street ten (10) feet north of the wall of the brick hotel building owned by Massell; thence northwardly along the easterly line of Pryor Street on a direct line twentyone feet five inches (21' 5") to the point of beginning; subject to such easements as exist, if any, in favor of the owners of lots fronting on Alabama Street.
2. This contract shall become effective and binding upon the parties upon the execution thereof, but the right of the vVarehouse to take possession of the above described property under this lease con tract shall not exist until midnight December 27, 1969, unless said con tract between the State and The Nashville, Chattanooga & St. Louis Railway dated May 11, 1917, shall have been sooner terminated as provided in section 17 of this lease con tract.
3. The State warrants to the \Varehouse that it is the owner in fee simple of said two above described tracts of land and that it has full right to lease the same to the Warehouse and that the same are free and clear of all liens and encumbrances except said lease from the State to The Nashville, Chattanooga & St. Louis Railway. The State warrants and covenants that at all times during the term of this lease the Warehouse shall have quiet and peaceable possession.

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4. The State shall, during the term of this lease, at all times have, for itself and for such railroads as it may desire, the continued and uninterrupted use of the two through interchange tracks and the track nearest the rear of the Alabama Street lots referred to in the description of Parcel 2 (commonly known as the "meat track") and also the use of the three service tracks on the property herein leased, provided that its use of the said service tracks and/or of any tracks, excepting the said two through interchange tracks and the meat track, shall not in any manner interfere with the operation of the \Varehouse or with the use of said tracks by the Warehouse. The parties agree that the question as to whether the use of said service tracks by the State, its lessees or others having the use of the tracks under contract with or conveyance from the State, shall at any time or in any manner interfere with the operations of the Warehouse or with the use of said tracks by the \Yarehouse, shall, if the parties disagree, be submitted to arbitration as provided in section 20 of this contract.
5. The State will perform or cause to be performed, or furnish tracks upon which may be performed by one or more of the railroads entering the City of Atlanta, the usual and customary switching service for the receipt and forwarding of freight by the Warehouse. Except for such changes as may be mutually agreed upon, the State will maintain the tracks underneath the \Varehouse in accordance with plans which have been submitted to and approved by the \Varehouse and are attached to this contract as Exhibit 2, which tracks shall connect with some one or more of the railroads entering the City of Atlanta; and, in consideration of this, the Warehouse will provide in its construction of said building smoke chambers and stack to arrange for satisfactorily disposing of smoke and gases arising from engines, and will maintain such smoke chambers and stack. It is understood and agreed that the State shall not be liable for any damage claimed or done to any property of the Warehouse or the property of others using the Warehouse's facilities by reason of exhaust, smoke or gases

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175

from locomotive operation and the State shall at all reasonable times have the right to enter upon said property for the purpose of inspecting, maintaining, operating and using the tracks. The right of the State to enter upon said property for the purpose of operating and using all tracks thereon except the said two through interchange tracks and said meat track, shall be exercised so as not in any manner to interfere with the operations of the \Varehouse or with the use of said tracks by the \Varehouse. The parties agree to submit to arbitration, if any difference arises between them, the question as to whether the \Varehouse provides and maintains smoke chambers and stack which will satisfactorily d~spose of smoke and gases arising from engines operated on said tracks, said arbitration to be had as provided in section 20 hereof.
6. The State agrees and contracts that it will, at all times during the term of this lease, maintain the tracks on said lands in accordance with the said plan attached hereto as Exhibit 2, and that it will cause some one or more of said tracks at all times to connect with one or more of the railroads entering the City of Atlanta. If and while during the term of this lease the State, or its lessee, is operating the Western & Atlantic Railroad, it is agreed that, when cars loaded with freight consigned to the Warehouse or its tenants or patrons are placed on tracks serving the Warehouse for unloading and the locomotive is detached therefrom, delivery of such freight shall be considered completed and' liability of the State as common carrier or warehouseman shall forthwith terminate. Delivery of freight in carload lots to the State or the railroad company at the time operating the Western & Atlantic Railroad (if said Railroad is then being operated by the State or its lessee) by the \Varehouse or its tenants or patrons shall not be deemed to have been effected until the car or cars in to which said freight has been loaded has or have been taken in to the actual physical possession of the State or the railroad company at the time operating the said Western & Atlantic

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JouRNAL oF THE SENATE,

Railroad by moving said car or cars from said \Varehouse tracks, or proper bill of lading has been issued to the Warehouse, or its tenants or patrons, for said freight. Provided, however, that the ~Warehouse's obligation under this section 6, so far as its tenants and patrons are concerned, is only to use its best efforts to have such tenants and patrons so agree. If, however, during the term of this lease contract, the State is not operating the said \Vestern & Atlantic Railroad and the same is not operated by any lessee of the State and the State is only furnishing the connecting tracks which run from the space under said \Varehouse to some one or more of the railroads entering the City of Atlanta, then the \Varehouse shall have the use of such tracks and connections but must make such agreements regarding delivery and receipt of freight as it may with the railroads handling this service for said warehouse.
7. The \Varehouse agrees that it will, under the terms of said lease con tract between The Nash ville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad as lessors, and the \Varehouse as lessee, dated January 20, 1930, as well as under this lease con tract with the State of Georgia, construct on said Parcel 1 a building containing not less than 500,000 square feet of floor space, of which not less than 400,000 square feet of floor space shall be designed for use for storage, forwarding and distributing purposes, or uses incidental thereto which said building on its completion shall become and be the property of the State of Georgia subject to this lease and to said lease from The Nashville, Chattanooga & St. Louis Railway and the \Vestern and Atlantic Railroad to the Warehouse. Said building shall cost not less than Two Million Dollars ($2,000,000), shall be not less than fifteen stories in height as to a portion thereof, shall be of fireproof construction, of modern design, pleasing in appearance, and of substantial construction. If The Nashville, Chattanooga & St. Louis Railway shall remove and salvage all existing buildings and improvements now on said leased premises on or before June 1, 1930, and shall have given due notice to the Ware-

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177

house of such removal and shall have given the \Varehouse, by such date, permission to enter upon said premises for the purpose of erecting the propo3ed building and improvements thereon, the \Varehouse agrees that it will complete said building and facilities not later than August 1, 1931; provided, however, that the date of the completion of such building and improvements shall be extended to the extent of all delays caused by acts of God, strikes, lockouts and any other matters not due to any fault or negligence of the \Varehouse. The Warehouse, however, agrees that in any event it will complete the construction of said building on or before August 1st, 19:32, but it shall not be liable in any way for failure to complete said building before August 1, 1932. Plans of the proposed building have been approved by both parties hereto and a copy thereof identified by the signature of C. Murphey Candler on behalf of the State and by E. :\1. Dodds on behalf of the Warehouse is in the possession of each of said parties. Said building shall be constructed in accordance with such plans provided that changes therein desired by the Warehouse not involving a decrease of the amount of space to be designed for use for storage purposes below 100,000 square feet, nor decreasing the cost thereof below $2,000,000, nor lowering the highest part thereof below 13 stories, nor decreasing the headroom or space designed for operation of said through tracks or said meat track mav be made therein from time to time. The \Varehouse may construct on said Parcel 2 any building deemed necessary or desirable by it, to be used for the same general purposes to which the Pryor Street frontage of the building to be erected on Parcel 1 may be devoted provided the same is attractive in appearance and is constructed in accordance with the building ordinances of the City of Atlanta, and may use the southwesterly wall of said building to be constructed by it hereunder on Parcel 1 as a party wall for use as a part of such building on Parcel 2. Either of said buildings or any buildings hereafter constructed on said demised premises may be used by the Warehouse in connection with any

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JouRNAL OF THE SENATE,

building or buildings on adjoining property from time to

time owned or leased by it, and for said purpose appro-

priate entrances through the walls of said buildings may be

made, provided that the same do not weaken the structure

of said buildings and that on the termination of this lease

by lapse of time or otherwise the owners or occupants of

such adjoining property shall have no further right to the

use of such entrances and the same may be closed up.

Changes in said buildings and/or additions thereto necessary

from time to time in the judgment of the Warehouse for

the proper operation thereof may also be made in said

buildings, provided the structure is not weakened thereby

nor the amount of space in such building on Parcel 1 de-

signed for use for storage diminished. At the termination

of this lease by lapse of time or otherwise, any buildings

then on said demised premises and all fixtures therein

(other than trade fixtures) shall remain as the property of the State of Georgia. It is understood and agreed that the
buildings from time to time on said premises shall be kept

j

in good condition and repair by the Warehouse and in-

sured to the tull insurable value, as hereinafter provided

for, and shall be turned back to the State at the expiration

of this lease in as good condition as when constructed,

ordinary wear and tear and depreciation excepted; except

that in the event the buildings be destroyed or damaged by

fire or other cause, then the duty of the Warehouse shall

be for reconstruction and repair, as is stated in section 10

hereof.

8. In the operation of said plant, the Warehouse agrees to make and enforce such reasonable rules and regulations
in regard to platforms, loading and unloading, clearances, lighting, ventilation and the like, and to so conduct its business as to prevent, so far as practicable, injury and damage to the property of the State or in its custody or control and the State's employees or licensees. If the parties differ as to whether the provisions of this paragraph have been complied with, then that question shall be sub-

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179

mitted to arbitration as provided for in paragraph 20 of this agreement.
9. The Warehouse agrees to pay the State as monthly rental under this lease, for the property hereinabove described, the sum of Two Thousand Nine Hundred Sixteen and 67/100 ($2,916.67) Dollars, said monthly payments to be made upon the first day of each month, in advance, and the first payment on January 1, 1970 to include the additional four days elapsing between midnight December 27, 1969, and January 1, 1970, on a pro rata basis. Said payments shall be made into the treasury of the State of Georgta.
10. The Warehouse agrees to insure, and keep insured at all times, from the date when said buildings and improvements are erected on the above described premises to December 27, 1999, any and all buildings and improvements that may be, at any time, upon said premises, against loss by fire or other casualties then commonly insured against, said insurance to be for the full insurable value thereof, in such companies as may be mutually satisfactory to the State and the Warehouse. The Warehouse further agrees that in case of damage or destruction by fire or otherwise of the buildings so erected, or any buildings or improvements upon said premises, the \Varehouse will commence to repair, rebuild or replace the same, as the case may be, within six months after such loss, expending for such purpose an amount of money equal to the full insurable value of the building or of the portion -of the buildings damaged or destroyed. Any and all insurance policies provided for herein shall, subject to the later provisions hereof, be made payable in case of loss to Trust Company of Georgia, a corporation organized under the laws of the State of Georgia and having its principal office in Atlanta, Georgia, or such other Trust Company as may from time to time be agreed on in writing by and between the parties hereto, as Trustee, who shall hold said policies, enforce the same in case of damage or destruction, collect any and all

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JouRNAL oF THE SENATE,

montes due and owing from any insurance company, and expend the same in accordance with the terms of this sec-
tion. It is agreed that in each case when the \Varehouse
conveys by way of mortgage or trust deed its leasehold interest to a mortgagee or trustee, in accordance with the terms of section 24 hereof, such mortgagee or trustee (provided said mortgagee or trustee has an office and place of conducting its general business in Georgia) shall be substituted as trustee of insurance under the terms of this section, and such mortgagee or trustee shall agree to apply the insurance monev in accordance with the terms of this contract. From th~ date of this contract to midnight of December 27, 1969, all such insurance policies and any proceeds thereof shall be taken and held by such Trustee for the benefit of the State of Georgia, the Warehouse, The Nashville, Chattanooga & St. Louis Railway, The Western and Atlantic Railroad and any mortgagee or trustee in a mortgage or trust deed made pursuant to the provisions of paragraph 21 hereof, as their respective interests may appear, but the proceeds to be used and applied as in this section provided for. From Decem her 27, 1969 to December 27, 1999, all such insurance policies and any proceeds thereof shall be taken and held by such Trustee for the benefit of the State of Georgia, the Warehouse, and any mortgagee or trustee in a mortgage or trust deed made pursuant to section 2/1 hereof, as their respective interests may appear, but the proceeds to be used and applied as in this section provided for. In case of damage or destruction of the buildings and/or improvements, or any part thereof, any and all monies received from any and all insurance companies therefor shall, by the trustee, at the request of any of the following: the State, the Warehouse, The Nashville, Chattanooga & St. Louis Railway, The Western and Atlantic Railroad, or any mortgagee or trustee in a mortgage or trust deed made pursuant to paragraph 2,1 hereof, from the date of this contract to December 27, 1969 (and thereafter and until December 27, 1999, at the request of either the State, the \Varehouse, or any mortgagee

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181

or trustee in a mortgage or trust deed made pursuant to paragraph 2/t hereof) be paid out for repairing, rebuilding, or replacing the building and/or improvements, or any part thereof damaged or destroyed, as the case may be, such payments to be made on architects' certificates from time to time as the work of rebuilding, repairing or replacing progresses; provided, however, that in the event the warehouse shall have repaired, rcb~1ilt or replaced said damaged or destroyed property and have fully paid therefor, all money so received from the insurance company or companies shall be paid directly to the Warehouse. Any and all charges of any trustee for insurance under the terms of this section, shall be paid by the Warehouse. If any dispute arises between the parties hereto as to whether said property is insured to the extent of its f~ll insurable value, the same shall be submitted to and determined by arbitration, as provided in paragraph 20 of this contract. As to tornado and earthquake insurance, the Warehouse will carry such amount as is customarily carried by those carrying this form of insurance on buildings of similar size or character in Atlanta, Georgia. If the parties differ as to how much tornado and earthquake insurance should be carried the same shall be submitted to and determined by arbitration under section 20 hereof.

11. All such insurance policies shall contain a clause that they shall not be cancelled short of expiration by their terms without notice to the State. The Warehouse will furnish to the Governm of the State each year during the term hereof a complete list of all policies for said insurance and renewals thereof, together with receipts or duplicate receipts for the premiums paid for such current year. In case the warehouse shall at any time during the term hereof neglect to keep said buildings and improvements insured, as herein provided, the State may procure or renew such insurance and add the amount paid therefor to the rent next thereafter falling due, with interest at the rate of seven per cent. per annum.

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12. If after the construction of the said buildings and due to fire or any other cause howsoever arising, the use by the State, or its lessee or any tenant carrier, of the two through interchange tracks on and across said leased premises is interfered with, the State shall have the absolute right to enter immediately upon the premises and take such steps as are necessary to make said tracks available for use and operation, and the Warehouse agrees to pay the State all expenses incurred in opening said tracks for traffic and reimburse it for any loss it may thus have sustained; provided, however, that the Warehouse shall not be liable for any expenses incurred in opening said tracks when such work is made necessary as a result of any act of The Nashville, Chattanooga & St. Louis Railway and/or the Western and Atlantic Railroad and/or the State and/or any tenant carrier or lessee thereof, or for any cause other than the act or negligence of the \Varehouse.
13. The State agrees that during the term of this lease it will not let or lease any property owned by it embraced within the city limits of the City of Atlanta, Georgia, to any firm, individual or corporation having for rent, sale or sub-lease storage space therein, in competition with the warehouse facilities of the Warehouse, unless and until the State shall have first gran ted to the Warehouse for thirty days as hereinafter provided the option and privilege of leasing any such property upon the same terms and conditions on which the State may offer such property to any other person, firm or corporation. The State shall deliver to the Warehouse a notice in writing setting forth all of the terms and conditions upon which it is proposing to lease any such property, and the Warehouse shall thereafter have thirty days in which to signify in writing its intention to exercise or not to exercise such option.
14. Should the said Warehouse fail to pay any instalment of the rent herein agreed to be paid by it when due, or should the Warehouse fail to keep the said premises insured in good and solvent companies as herein agreed upon,

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and should the said failure to pay said rent or the said failure to keep the premises insured in accordance with the terms of section 10 continue for ninety days after notice in writing by the State to the \Varehouse (and any mortgagee or trustee entitled to such notice as hereinafter provided) of such default (time being of the essence of this contract both as to the prompt payment of said rent when due and as to the failure to keep the said premises insured), then the State may at its option cancel this contract and take possession of said premises without any other or further notice. If at the time such notice of default is given to the vVarehouse there shall be a mortgage or trust deed on said property and notice in writing of the name and post office address of the mortgagee or trustee under such mortgage or trust deed shall have been given to the State, then notice in writing of the default shall also at the same time be served on such mortgagee or trustee. This right to so cancel said contract is cumulative of all other rights under the laws of the State of Georgia which are given to landlords in such cases.

1:J. All of the said buildings and improvements herein contracted or permitted to be erected by the \Varehouse shall when and as erected be and become the property of the State of Georgia but subject to this lease and while said lease from The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad to the Warehouse is in effect also to that lease. The Act creating said Western & Atlantic Railroad Commission having authorized said Commission to agree upon taxes to be paid to the State of Georgia upon the improvements and structures so erected upon any of the property of the State of Georgia as aforesaid, and the State being the owner of said property in fee simple, it is hereby agreed between the State and the \Varehouse that, inasmuch as the said real estate, which is the subject matter of this lease, is public property, the same is hereby exempted from the payment of all taxes, state, county and/or municipal from and after

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the date of the commencement of said lease from said The Nashville, Chattanooga & St. Louis Railway and the \Vestern and Atlantic Railroad to the Warehouse and until Decemher 27, 1999; and inasmuch as the buildings, improvements and structures to be erected thereon under this contract are permanent and thus become the property of the State and become a part of the realty, the said improvements and structures so erected upon said property, from the time of their erection, are likewise hereby exempted from all taxation by the State, or by any county, or municipality thereof from and after the date of the commencement of said lease from said The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad to the Warehouse and until December 27, 1999.
16. All notices herein required to be given by the Warehouse to the State shall be in writing either delivered or mailed by l!ni ted States registered mail postage prepaid, addressed to the Governor of the State of Georgia at the executive offices of the Governor. All notices to be given by the State to the Warehouse shall be in writing by the Governor of the State either delivered or mailed by United States registered mail postage prepaid, addressed to the \Varehouse at its office in Atlanta, Georgia. After the Western & Atlantic Railroad Commission, which has executed this lease contract in behalf of the State, shall have made its report to the legislature, as required by the said Act approved August 24th, 1929, and shall have dissolved, it is agreed that the Warehouse shall be en ti tied to deal with the Governor of the State in all matters arising under this lease contract, it being the intention of the parties hereto that the Governor of the State shall fully and completely represent the State after such time in all matters and particulars.
17. In case The Nashville, Chattanooga & St. Louis Railway should default in the payment of rent or in the carrying out of any other covenant or condition required of it under the terms of its said lease contract with the

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State of Georgia dated May 11, 1917, under which it is now leasing the Western & Atlantic Railroad, and if on that account or if for any other reason such lease contract should be cancelled and terminated prior to December 27, 1969, then and in that event the State hereby agrees that the said lease from The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad to the Warehouse dated the 20th day of January, 1930, of which a copy is hereto attached as Exhibit 1 shall nevertheless continue (and it is hereby in such event continued) in full force and effect as a lease between the State and the \\'arehouse throughout the full term thereof in accordance with and subject to the provisions thereof, and if in such case the State should continue in possession and control of said property with or without the operation of said railroad then it hereby assumes and agrees to perform all the covenants and obligations of The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad as lessors in said lease to the Warehouse and if in such case it (the State) leases or otherwise conveys said property so demised with or without said railroad to some one else, it covenants and agrees that it will cause such other person, firm or corporation to assume and perform all of the rights, privileges, obligations, liabilities and responsibilities granted to and imposed upon The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad as lessors by the terms of the said lease between it as such lessor and the Warehouse dated January 20, 1930. In case of any such cancellation and termination prior to December 27, 1969, of such lease contract of May 11, 1917, the State, or in case of another such lease of the Western and Atlantic Railroad by it, its lessee, or in case of sale of said railroad or said property, its purchaser, will become lessor of the property hereby demised until December 27, 1969, under the terms of the said lease contract between The Nashville, Chattanooga & St. Louis Railway and the Western and Adan tic Railroad as lessors and the Warehouse as lessee; and the Warehouse agrees that in any of

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such events it will accept the State, or its lessee or its purchaser, as the case may be, as its lessor and will pay to its new lessor all rental thereafter falling due under such lease contract between The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad, as lessors, and the \Varehouse as lessee dated January 20, 1930. In the event of such cancellation of said lease of May 11, 1917, from the State to The Nashville, Chattanooga & St. Louis Railway prior to December 27, 1969, but in the further event that the State neither operates, sells nor leases the Western & Atlantic Railroad, but decides to continue in possession of said property without the operation of said railroad, then and in that event, the State agrees that it will nevertheless at all times during the term of said lease from said The Nash ville, Chattanooga & St. Louis Railway and the \Vestern and Atlantic Railroad to the \Varehouse and also the term of this lease maintain the tracks in accordance with the plans submitted and agreed to at the time this agreement is signed, and made part hereof, some one or more of said tracks at all times to connect with one or more of the railroads entering the City of Atlanta, and in such event the \Varehouse shall have the right to use such tracks and connections but must make such agreements regarding delivery and receipt of freight as it may with the railroads handling this service for said \V arehouse.
18. It is agreed that all indemnities, immunities, releases and acquittances, and bonds to indemnify against damages that may occur, or accrue, by reason of the construction, erection and operation of the building herein provided for that are contained in the said lease contract of January 20, 19:30, between The Nash ville, Chattanooga & St. Louis Railway and the \\'estern and Atlantic Railroad as lessors, and the \Varehouse as lessee, likewise run to and in favor of the State of Georgia.
19. It is further agreed that inasmuch as the Commission which enters into this contract is acting under au-

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thority of a public law of the State of Georgia, there shall be no personal or individual liability whatever upon any member of said Commission, should it be determined by competent authority that any portion of this contract is in excess of the authority granted the Commission by the Act creating the same, or should any part of this contract be declared to be unauthorized by said legislative enactment, unconstitutional or void for any other cause, and there shall be no personal or individual liability upon any member of said Commission for any matter or thing growing out of this con tract.
20. If at any time any question shall arise on which under the preceding provisions hereof either party hereto is entitled to arbitration, upon which question the parties hereto cannot agree, such question shall be submitted to the arbitrament of three (3) disinterested persons to be chosen, one by the State, one by the \Varehouse and one by the two so chosen. It is understood and agreed that neither party hereto shall be entitled to arbitration of any question arising under any provision of this contract excepting where arbitration is especially provided for herein but such arbitrators shall under no condition have any authority to eliminate any section from this lease contract.
The party desiring such arbitration shall select its arbitrator and give written notice thereof to the other party and shall in such notice state in substance the matter or matters which it proposes to submit to the arbitrators for decision; and only the matters so stated shall be considered or decided by them. Such other party shall within ten (10) days after receipt of such notice appoint a second arbitrator. If such other party shall fail to name an arbitrator within ten (10) days after notice as aforesaid has been given to it, the party giving such notice may apply to the Chief Justice of the Supreme Court of Georgia for the appointment of an arbitrator for and in behalf of the party thus notified and such judge may, after reasonable notice to the party thus notified, make the appointment.

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The arbitrator so appointed by such judge shall have the same power and authority as if he had been chosen by such other party. The two arbitrators appointed as above provided (if they fail to agree upon the matter in issue) shall appoint the third arbitrator, but if they fail to select the third arbitrator within ten (10) days after the selection of the second arbitrator as aforesaid (in the event of difference as to the matter in issue), such third arbitrator may be appointed by the Chief Justice of the Supreme Court of Georgia on the application of either party hereto after ten days' notice in writing to the other party of its intention to make application therefor.
The arbitrators shall, as soon as possible after their selection, meet to hear and decide the questions submitted to them and shall give to each party reasonable notice of the time and place of such meeting. After hearing both parties and taking such testimony or making such investigation as they may deem necessary, the arbitrators shall make their award in writing upon the question or questions so submitted to them and shall serve a copy of such award upon each party hereto. The award of such arbitrators, or a majority of them, shall be final and binding upon both parties, and each or either party shall immediately make such changes in the conduct of its business or otherwise or such payment or restitution, as the case may be, as in and by such award may be required of them respectively.
The books, papers and records of each party, so far as thev relate to the matter submitted to arbitration, shall be ope.n to the examination of the arbitrators. Until the arbitrators shall make the award upon any question submitted to them, the business, settlements and payments to be transacted and made undrcr this agreement shall continue to be transacted and made in the manner and form employed prior to the arising of such question or questions.
21. (a) The Warehouse shall, at any time or times hereafter, have the right to tear down and dismantle the building and improvements erected by it under this con-

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tract on said Parcel 1, or any other building or improvemen ts hereafter placed on said Parcel 1 (and to dispose ot the rna terials therein for its own benefit), and to erect in place thereof a building and improvements costing a sum of money equal to at least the value of the building to be torn down at the date of such tearing down or dismantling. Before tearing down or dismantling such building, the \Varehouse shall give to the State a bond in the sum of the amount to be expended, guaranteeing the construction and erection of a new building and improvements. The question of the then value of the building proposed to be torn down, if not agreed on, shall be left to arbitration in accordance with the terms of paragraph 20 of this contract, and the amount of the bond to be given by the Warehouse for erection of the new structure shall, if not agreed on by the parties, equal the amount determined by such arbitrators. Such new building shall be designed for use for a general and cold storage business, a distributing and forwarding business, a loft and office building, and uses incidental to the operation thereof. Such building shall be of fireproof construction, of then modern design, pleasing in appearance, and of substantial construction. Before beginning the disman ding or tearing down of the building proposed to be torn down, the \Yarehouse shall submit to the State plans and specifications for the new proposed building, which shall be approved by the State in advance of the tearing down of the existing building. However, in case the State shall not approve such plans and specifications within ninety days after they are submitted for approval, the question whether such plans and specifications meet the requirements set out in this con tract for such new building shall, at the request of either party hereto, be left to arbitration, as set forth in paragraph 20 hereof. If such plans and specifications are approved by such arbitrators, the Warehouse shall be authorized to proceed with the dismantling of the old building and the construction of the new building; but if such plans and specifications are not approved by such arbitrators, the Warehouse before it

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shall have the right under this section to tear down and/or remove the then existing building and improvements shall submit other plans and specifications therefor, which shall in each case be acted on in the same manner as above provided for those so first submitted and if not approved by the State may likewise be submitted to arbitration, and when plans and specifications for the new building and improvements are approved by the State or by arbitrators, the Warehouse may tear down and/or remove the existing building and improvements and construct on said premises the new building and improvements, in accordance with such plans and specifications so approved.
(b) Any building hereafter constructed by the Warehouse on said Parcel 2 may at any time during the term hereof be torn down and removed by the Warehouse (and the materials therein disposed of for its own benefit) and a new building constructed in place thereof, provided such new building is attractive in appearance and is constructed in accordance with the building ordinances of the City of Atlanta. For any such new building on Parcel 2 the "Warehouse may use the Southwesterly wall of the building at the time on Parcel 1 as a party wall for use as a part of such building on Parcel 2. Any such new building shall be used for the same general purposes to which the Pryor Street frontage of the building to be erected on Parcel 1 may be devoted.
(c) In case any new building is erected in accordance with the terms of this section, all of the terms and provisions of this contract shall remain in full force and effect, and be as applicable to the new building erected under this section of this contract as such provisions were applicable to the building which was dismantled and destroyed, and said new building shall become the property of the State subject to this lease and while said lease from The Nashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad to the Warehouse is in effect also to that lease.

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191

22. The State of Georgia, if and when it again leases the Western & Atlantic Railroad, may at its option assign its lessor's interest in this con tract to such lessee railroad, which shall in wri t~ng assume all the obligations of the State hereunder, whereupon such lessee railroad shall become the party of the first part to this contract; provided, however, that such assignment shall neither terminate nor modify the obligations of the State to the party of the second part.
23. The State shall have the right, in the event it again leases the \\'estern & Atlantic Railroad, for a period beginning December 27, 1969, or for any other period, or in the event it sells said Railroad, or in the event it takes over the operation of said Railroad on December 27, 1Dl\D, or at any other time, to require that the warehouse shall, as to the State, or such lessee or such purchaser, as the case may be, comply with the requirements contained in paragraphs 2 (e), 4 (b), ,1 (c), ;) (a), ;) (b), 5 (c), 5 (d), 5 (e), 17, of the said lease con tract between The 1\ashville, Chattanooga & St. Louis Railway and the Western and Atlantic Railroad, as parties of the first part, and the \Varehouse as party of the second part, dated the 20th day of January, 1930; and the Warehouse agrees upon its part and in such events to comply with such requirements so set forth in said lease contract.
24. The lessee herein may sell and convey its leasehold interest in said demised premises hereby created and in the buildings thereon, at any time hereafter, provided that at the date of such sale, conveyance or assignment, it shall not be in default in any of the covenants and agreements herein contained to be kept, observed and performed by the lessee and shall then have paid all rents, assessments, insurance premiums, and all other charges of every kind which shall be due and payable under this lease at the date of any such sale, conveyance or assignment; provided, also, that such sale, conveyance or assignment by the lessee shall be evidenced by an instrument in writing, duly

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executed under seal and acknowledged by the assignee or assignees, and duly recorded in the office of the Clerk of the Superior Court of Fulton County, Georgia, wherein and whereby such assignee or assignees shall expressly accept and assume all the terms and covenants in this lease contained to be kept, observed and performed by the lessee, and become bound to personally therewith, a duplicate of which instrument duly executed shall be delivered to the lessor herein within thirty (30) days after the date of the delivery thereof to such assignee. A11d the lessee covenants and agrees that lessee will not make any sale, conveyance or assignment of this lease except in the manner and upon the conditions above set forth; and it is expressly covenanted and agreed by and between the parties hereto that any attempted sale, conveyance or assignment of the lessee's interest herein or in said leased premises and the buildings thereon by the lessee, without complying with the covenants and conditions of this section, shall be null and void. And it is further covenanted and agreed by and between the p::trties hereto, that in the event that any sale, conveyance or assignment shall be made at the times, under the conditions and in the manner hereinbefore set forth, the assignee or assignees shall be subject to the same terms and conditions as to future assignments, and to all the covenants, agreements, provisions and conditions contained in this lease.
And it is further covenanted and agreed by and between the parties hereto that the party herein assigning or conveying the leasehold estate hereby created, upon the conditions and in the manner hereinbefore set forth, shall thereby be forever released and discharged from any and all obligations arising or accruing under the covenants and agreements in this lease subsequent to the date of such conveyance or assignment and the completion of the building required by this lease contract to be erected on said Parcel 1 by the lessee and payment in full therefor, leaving said premises and building free and clear of any mechanic's lien or any claims on account of such work which might ripen

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193

into such lien and provided such conveyance or assignment shall have been made to carry into effect an absolute and bona fide sale of the lessee's interest in this lease and said premises, it being expressly agreed that in the event of any assignment of this lease the lessee and also any such assignee shall remain personally liable under the covenants of this lease until the building required by Section 7 of this lease con tract to be erected on said Parcel 1 by the lessee shall have been completed and fully paid for, leaving said premises and building free and clear of any mechanic's lien or any claim on account of such work which might ripen into such lien. It is expressly covenanted and agreed by and between the parties hereto that nothing in this lease contract contained shall be construed as restricting the right of the lessee to mortgage lessee's leasehold interest in said demised premises created by this lease contract and in the buildings at any time thereon as provided for in this lease contract, and the lessee is hereby expressly given the right at any time, and from time to time, to mortgage lessee's interest herein and in said demised premises and in the buildings at any time situated thereon by mortgage or trust deed, and it is further mutually covenanted and agreed that the mortgagee or Trustee in any such mortgage or trust deed and the holder or owner of the indebtedness secured by such mortgage or trust deed shall not become personally liable upon the covenants of this lease unless and until they or their assigns shall become the absolute owners of the leasehold estate created by this lease. None of the rights of the State in the demised premises not vested in the lessee by this lease contract, shall in any way be impaired by any such mortgage or trust deed. Any purchaser properly acquiring under foreclosure of such mortgage or trust deed, the leasehold estate hereby created, upon taking possession of the demised premises in pursuance of the sale or decree under which such purchaser becomes the owner of the leasehold estate hereunder, shall thereby become the owner of said leasehold estate with like effect as if such purchaser had received a direct assignment thereof, but

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such purchaser so acqumng title to said leasehold estate shall not be entitled to exercise the rights of the lessee hereunder until such time as such purchaser shall execute and deliver to the lessor herein an instrument in writing assuming the performance by such purchaser of the covenants of the lessee herein, and agreeing to be personally bound thereby in the same manner and to the same extent as is hereinbefore provided in the case of absolute conveyance and assignment by the lessee of lessee's interest herein.
25. It is further covenan ted and agreed by and between the parties hereto that all the covenants, agreements, conditions and undertakings in this lease contained shall extend to and be binding upon the respective successors and assigns of the respective parties hereto the same as if they were in every case named and expressed, and that the same shall be construed as covenants running with the land; and wherever in this lease reference is made to either of the parties hereto, it shall be held to include and apply to the successors and assigns of such party the same as if in each and every case so expressed.
In Witness Whereof, the parties hereto have hereunto set their hands and seals this 11th day of March, 1930.
STATE OF GEORGIA
By C. MuRPHEY CANDLER, W. F. JENKINS, L. G. HARDMAN, WM. D. ANDERSON,
w. c. MARTIN, c. K. c. AUSLEY,
H. H. SWIFT,
H. T. MciNTOSH,
Members of the Western & Atlantic Railroad Commission.

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195

Signed, sealed and delivered as to Western & Atlantic Railroad Commission in presence of:
JNo. B. WILSON, MRs. H. C. CARRINGTON, (Notarial Seal) Notary Public,
State at Large, Georgia.

DIXIE TERMINAL BUILDING COMPANY,

(Corporate Seal)

By H. E. PoRONTo,
President.

ATTEST:

P. R. GATES, Secretary.

Signed, sealed and delivered in the presence of:

E. E. HESSE, MAURICE CoHEN, (Notarial Seal) Notary Public.

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EXHIBIT "E"

LEASE

THE NASHVILLE CHATTANOOGA AND ST. LOUIS RAILWAY AND
THE WESTERN AND ATLANTIC RAILROAD
TO
DIXIE TERMINAL BUILDING C0~1PANY

DATED JANUARY 20, 1930.
Filed for Record in the office of the Clerk of the Superior Court of Fulton County, Georgia, on the 21st day of April, 1930, at 2:00 o'clock P. ~1., and recorded in Book 1310, Page 637.

THIS LEASE CONTRACT made and entered into this 20th day of January, 1930, by and between THE NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY, a corporation organized under the laws of the State of Tennessee and having its principal office in Nashville, Tennessee, and THE WESTERN AND ATLANTIC RAILROAD, parties of the first part, hereinafter together for convenience referred to as the "Railway"; and DIXIE TERMINAL BUILDING COMPANY, a corporation organized and existing under the laws of the State of Delaware and authorized to do business in Georgia, party of the second part, hereinafter for convenience sometimes referred to as the "Warehouse",

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WITNESSETH:
Whereas, under an Act of the General Assembly of Georgia approved November 30, 1915, and all amendments thereto, The Nashville, Chattanooga & St. Louis Railway leased from the State of Georgia by contract dated May 11, 1917, the Western & Atlantic Railroad for a period of fifty (50) years terminating at midnight December 27, 1969, included in which leased property was the passenger depot site and building in the city of Atlanta, Georgia, being the land hereinafter described, lying between Pryor Street and Central Avenue; and,
rVhereas, the \Varehouse desires to construct and operate on said property hereinafter more particularly described a large facility as per plan hereinafter mentioned and to be designed for use for the major part as a storage warehouse, but also embodying in a lesser way space for office, display rooms and manufacturing; and,
Whereas, it seems desirable for the Railway to permit the Warehouse, subject to all the terms of said Lease Act and Lease Contract, to construct and operate said facility to the end that the volume of the tonnage handled by the Railway may be increased; and
rVhereas, The State of Georgia and the Warehouse pursuant to an Act of the Georgia legislature approved August 24, 1929, are simultaneously herewith entering into a lease contract dated the 20th day of January, 1930, a copy of which is attached hereto as Exhibit 1.
Now, Therefore, in consideration of the premises and the mutual covenants hereinafter set forth, it is agreed by and between the parties hereto, as follows:
1. (a) The Railway, subject to all the terms and provisions of said Act of Georgia commonly known as the Lease Act, approved November 30, 1915, and all amendments and supplements thereto, and said Lease Contract dated .May 11, 1917, leases to said Warehouse for the uses,

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purposes and considerations hereinafter set forth from the date hereof until midnight December 27th, 1969, the two following described parcels of land, together with all buildings, improvements and fixtures hereafter erected or constructed on said two parcels of land, specifically excepting therefrom all existing and future railroad tracks and turnouts and fully retaining an easement for track construction, maintenance and operation thereon, as defined in paragraph 1 (c) hereof and subject to the right of the City of Atlanta, if any, to maintain the viaducts on Wall Street, Pryor Street, and Central Avenue, in their present positions with an overhang on such parcels of land, said parcels being described as follows:
Parcel 1. A certain strip or parcel of land situated in the City of Atlanta and being a part of Land Lot No. 77 of the Fourteenth District of originally Henry, now Fulton County, Georgia, and extending from the east margin of Pryor Street to the west margin of Central Avenue as reconstructed recently, which said land is bounded and described as follows:
Beginning at a point in the easterly line of Pryor Street one hundred thirty-two (132) feet north of the northeast corner of Pryor and Alabama Streets; thence north along the east edge of Pryor Street, one hundred forty-five feet six and one-half inches (145' 6 _%''), more or less, to \Vall Street as recently reconstructed; thence in an easterly direction along the south edge of Wall Street, a distance of three hundred sixty-six feet six and five-eighths inches (366' 6 5j8") more or less to the westerly line of Central Avenue as recently reconstructed; thence in a southerly direction along the west line of Central Avenue, a distance of one hundred fifty-seven feet nine and five-eighths inches (157' 9 5/8") more or less to the southern boundary line of the Union Depot lot, said southern boundary line being de-
scribed in a deed from Jane L. Mitchell et a!. to the
State of Georgia dated October 29, 1870, recorded in

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199

Book "N", page 742 at the Clerk's Office, Superior Court, Fulton County, Georgia; thence in a westerly direction with the southern boundary line of said depot lot, a distance of three hundred forty-six feet seven inches (346' 7") more or less to the point of beginning.
Parcel 2. A certain strip or parcel of land situated in the City of Atlanta and being a part of Land Lot No. 77 of the Fourteenth district of originally Henry, now Fulton County, Georgia. Said strip of land is more particularly bounded and described as follows:
Beginning at a point in the easterly line of Pryor Street one hundred thirty-two ( 132) feet north of the northeast corner of Pryor and Alabama Streets (this being the same beginning point as described above in the First tract); thence in an easterly direction on a straight line following the south boundary of the Union Depot lot (said boundary being described in a deed from Jane L. Mitchell et a!. to the State of Georgia dated October 29, 1870, recorded in Book "N", page 742 at the Clerk's Office, Superior Court, Fulton County, Georgia), a distance of one hundred feet five inches (100' 5") to an iron stake; thence in a southerly direction parallel to the easterly line of Pryor Street a distance of seventeen feet ten inches (17' 10") to an iron stake, which marks a point ten (10) feet from the northeast corner of the brick building owned by Mrs. Sarah Grant Slaton; thence in a westerly direction on a direct line, a distance of one hundred feet two inches (100' 2") to a point in the easterly line of Pryor Street ten (10) feet north of the wall of the brick hotel building owned by Massell; thence northwardly along the easterly line of Pryor Street on a direct line twentyone feet five inches (21' 5") to the point of beginning subject to such easements as exist, if any, in favor of the owners of lots fronting on Alabama Street.

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Said land hereinabove described and hereby demised is shown enclosed in red lines on the plat hereto attached as Exhibit 2.
(b) The Railway covenants that it has good title to the leasehold estate created by said lease from the State of Georgia, dated May 11, 1917, free and clear of all liens and encumbrances, except the lien of the Railway's First Mortgage dated February 1, 1928, a release of the demised premises from which will be obtained by the Railway promptly, and warrants to the lessee herein the quiet and peaceable possession and enjoyment of said property hereby demised during the entire term hereof excepting as to the easement described in the description of Parcel 2 above
(c) The said lease is made, subject, however, to the right of the Railway for itself and such other railr~ads as it may desire to have the continued and uninterrupted use of the two through interchange tracks, and the track nearest the rear of the Alabama Street lots referred to in the description of parcel two above (and commonly known as the "Meat Track") and further to have such use for itself and such other railroads as it may desire of the three service tracks on the property herein leased (all of said tracks being shown colored in green on Exhibit 2 hereto attached and being on the surface of the ground), provided that the use of said service tracks and/or of any tracks excepting the said two through interchange tracks and said "Meat track" shall not in any manner interfere with the operations of the \Varehouse or with the use of such tracks by the Warehouse.
(d) The Railway will perform the usual switching service for the receipt and forwarding of freight by the \V arehouse, its tenants and pa trans. It will construct and maintain the service and through tracks underneath the warehouse in accordance with said plan which has been submitted to and approved by the Warehouse, and is attached here to as Exhibit 2; and in consideration of this, the Warehouse will provide in its construction of said build-

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ing smoke chambers and stack to arrange for satisfactorily disposing of smoke and gases arising from engines, and will
maintain such smoke chambers and stack. It is under-
stood and agreed that the Railway shall not be liable for any damage claimed or done to any property of the \Varehouse or to the property of others using the \Varehouse's facilities by reason of exhaust, smoke or gases from locomotive operation and the Railway shall at all times have the right to enter upon said property for the purposes of inspecting, maintaining, operating and using the tracks and incidental facilities. Disputes arising under this paragraph (d) of section 1 shall be subject to arbitration.
(e) The Railway will remove and salvage for its own benefit all existing buildings and improvements now on said leased premises on or before June 1, 19:30, and will hold the \Varehouse harmless against any and all actual losses by reason of failure to remove and salvage the buildings within the time specified, unless such failure be due to circumstances beyond the control of the Railway. The Railway hereby grants to the \Varehouse the right and privilege of entering upon the above described premises for the purpose of commencing c:mstruction as soon before June 1, 1930 as it shall be practicable to begin such construction without interfering with the work or operations of the Railway. It is understood that the \Varehouse will not enter upon said premises until receiving written notice from the Railway that it may do so. It is agreed that the Railway will give the Warehouse written notice that the \Varehoase may enter upon the above described premises as soon as possible and in no event later than June 1, 1930. Disputes arising under this paragraph (e) of section 1 shall be subject to arbitration.
(f) It is agreed between the Railway and the Warehouse that, when cars loaded with traffic consigned to the Warehouse or its tenants or patrons are placed on tracks serving the \Varehouse for unloading, and the Railway's locomotive is detached therefrom, delivery of such traffic shall be con-

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sidered completed and liability of the Railway as common carrier or wareh::mseman shall forthwith terminate. Delivery cf freight in carload lots to the Railway by the Warehouse or its tenants or patrons shall not be deemed to have been effected until the car or cars into which such freight has been loaded has or have been taken into the actual physical possession of the Railway by moving said car or cars from said warehouse tracks, or proper bill of lading has been issued by the Railway to the \Varehouse, its tenants or patrons for said freight; provided, however, that the Warehouse's obligation hereunder (paragraph (f) of Section 1) so far as its tenants and patrons are concerned, is only to use its best efforts to have such tenants and patrons so agree.
(g) Except as otherwise provided herein, the Railway will indemnify and protect the Warehouse, its tenants and patrons, from any loss resulting from the negligence of the Railway or that of its tenant carriers.
2. (a) Provided the Railway shall have complied with the provisions of paragraph 1 (e) hereof and delivered possession on or before June 1, 1930, the \Varehouse will proceed, at a date not later than August 1, 19:30, to construct on Parcel 1 above described a building containing not less than 500,000 square feet of fbor space, of which not less than 400,000 square feet of floor space shall be designed for use for storage, forwarding and distributing purposes or uses incidental theret1, and will complete the same ready for operation on or before August 1, HB1, provided that the time for completion of said building shall be extended to the extent of the aggregate of all delays in the work occasi~:med by the acts of God, strikes, lock1u ts and any other matters not due to any fault or negligence of the Warehouse, and provided that the \\' arehouse shall notify the Railway in writing at its principal office at Nashville, Tennessee, of the existence of such delay within a reasonable time from the ommencement thereof. Plans of the proposed building have been approved by both parties here-

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203

to and a copy thereof identified by the signature of J. B.
Hill on behalf of the Railway and by E. M. Dodds on behalf of the Warehouse is in the possession of each of said parties. Said building shall be constructed in accordance with such plans, provided that changes therein desired by the \Varehouse not involving a decrease of the amount of space to be designed for use for storage purposes below 400,000 square feet nor decreasing the headroom or space designed for operation of said through tracks or said meat track may be made therr>in from time to time. The Warehouse may construct on said Pared 2 any building deemed necessary or desirable by it to be used for the same general purposes to which the Pryor Street frontage of the building to be erected on Parcel 1 may be devoted, provided the same is attractive in appearance and is constructed in accordance with the building ordinances of the City of Atlanta, and may use the southwesterly wall of said building to be constructed by it hereunder on Parcel 1 as a party wall for use as a part of such building on Parcel 2. Either of said buildings or any buildings hereafter constructed on said demised premises may be used by the Warehouse in connection with any building or buildings on adjoining property from time to time owned or leased by it, and for said purpose appropriate en trances through the walls of said buildings may be made, provided that the same do not weaken the structure of said buildings on the demised premises and that on the termination of this lease by lapse of time or otherwise the owners or occupants of such adjoining property shall have no further right to th~ use of such entrances and the same may be closed up. Changes in said buildings on the demised premises and/or additions thereto necessary from time to time in the judgment of the Warehouse for the proper operation thereof may also be made in said buildings, provided the structure is not weakened thereby nor the amount of space in such building on Parcel 1 designed for use for storage diminished. Said buildings shall be the property of the State of Georgia but subject to this lease, and at the termination of this lease by

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lapse of time or otherwise, any buildings then on said demised premises and all fixtures therein (other than trade fixtures) shall remain as the property of the State of Georgia or the then owner of the fee title to said land.
(b) Pending and during the construction by the Warehouse, it (including all con tractors and others on said premises) will so conduct its or their work that at no time will the operations of the Railway and its tenant carriers in interchange with connections be unduly interfered with, it being distinctly understood that the through interchange tracks must be kept open for operation at all times.
(c) The buildings on the demised premises shall be of fireproof construction, of modern design, pleasing in appearance and substantial in construction.
(d) Where work done by or for the \Varehouse is claimed by the Railway as not being done in accordance with said plans and any changes therein approved as aforesaid, then a recognized expert, to be paid equally by the Warehouse and the Railway shall be chosen by the Warehouse and the Railway jointly, and his decision on any such disputed matter shall be final.
(e) The principal inducement to the Railway to enter in to this lease con tract is that its revenue rna y be increased through its handling in freight service to or from Atlanta, Georgia, of goods stored in or moving through said building. Accordingly, the \\' arehouse agrees, that, so far as it legally may, it will, the rates and service or the Railway being substantially equal to those offered by others, use every reasonable effort to promote the earnings of the Railway by encouraging the movement of freight into or out of said building over its rails, where and when such nnvement is reasonably expedient. The Warehouse further agrees to endeavor to similarly influence its tenants and patrons, and when it can, to endeavor to obtain a clause to this same general effect in all leases and con tracts entered in to with tenants and other users of the property. Breach of the cove-

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nan ts of this paragraph (e) of Section 2 shall not work a forfeiture of this lease contract but the questi~n as to whether the Warehouse is violating this paragraph (e) of section 2 may be the subject of arbitration as provided in section 8 below and if such violation be found to exist, changes in the conduct of its business shall be made by the vVarehouse to avoid thereafter such violation.

(f) In the operation of said plant, the Warehouse hereby agrees to make and enforce such reasonable rules and regulations in rega-rd to platforms, loading and unloading, clearances, lighting, ventilation, and the like, as will prevent, so far as practicable, damage and injury to the Railway's property and that in its custody or control and the Railway's employees or licensees. Disputes arising under this paragraph (f) of section 2 shall be subject to arbitration.

(g) The Railway agrees that it will cooperate with the Warehouse in every reasonable way and furnish it, its tenants and patrons, with switching, rates and service as good as that furnished under similar conditions by other railroads entering Atlanta. Disputes arising under this paragraph (g) of section 2 shall be subject to arbitration.

3. The consideration to be furnished by the Warehouse for this lease con tract shall be the following:

(a) The construction on Parcel 1 and operation of the said proposed building by the Warehouse.

(b) The reasonable promotion by the Warehouse of traffic for the Railway as aforesaid during the en tire period hereof.

(c) The payment to the Railway within ten days after

the close of each month in each year of 1/12 of the annual

rental for such year set opposite such year in the following

list:

For the year 1933

$15,000.00

,, ,",

1931 1935

15,000.00 15,000.00

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For the year 1936

" " 1937

" " " 1938

" " " 1939

" " " 1940

" " " 1941

"

" 1942

" " " 1943

"

" 1944

"

" 1945

" " " 1946

"

" 1947

" " " 1948

"

" 1949

" " " 1950

"

" 1951

"

" 1952

" " 1953

" 1954

" " " 1955

" " " 1956

" " " 1957

" " 1958

" " " 1959

" " " 1960

"

" 1961

"

" 1962

" " " 1963

"

" 1964

" " " 1965

" " 1966

" " " 1967

" " 1968

" " " 1969

$ 15,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 31,000.00 31,000.00 31,000.00 33,000.00 33,000.00 33,000.00 33,000.00 33,000.00 33,000.00 34,800.00 34,800.00 34,800.00 34,800.00 34,800.00

There is to be no rental charge for the years 1930, 1931, and 1932.

4. The Warehouse specifically agrees to the following:

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(a) To keep in effect insurance as provided in section 6 below.
(b) To furnish to the Railway on the first day of February each year a statement of aggregate tonnage moving into and out of sa.id building on Parcel 1 during the preceding year, showing separately the railroad tonnage included in the aggregate, and to give the Railway as it may desire the opportunity to check from the records of the \Varehouse the accuracy of such statements.
(c) That neither the Warehouse, nor its assignees or lessees shall without the approval of the Railway use said buildings to be erected on the demised premises for the purpose of carrying on or engaging in any businessfreight, passenger, mail or express-in competition with the railroad business of the Railway; provided, however, that nothing contained in this lease contract shall prevent the Warehouse or any of its assignees or lessees from doing any and all things, of whatsoever kind or nature, necessary or properly incidental to the storage of goods in said building, and also the movement, consolidation, accumulation, forwarding and distribution of goods to the extent the same shall be incidental to warehouse storage.
Whether truck movements in and out of said Warehouse are primarily competitive with the Railway or merely incidental to a legitimate storage business is subject to arbitration under section ~ hereof and if such violation be found to exist, the Warehouse will promptly change the conduct of its business accordingly.
(d) That the Warehouse will pay all taxes, if any, on the leasehold estate herein created and all assessments for public improvements, which may be legally levied or assessed against the above described property during the term hereof and after it has the right to take possession under this contract. Also the Warehouse will pay all corporation franchise taxes and franchise and/or privilege taxes on the use or occupation of the demised premises

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legally levied or assessed against it. Should the Warehouse fail or refuse to pay such taxes or assessments justly due, the Railway may do so and add the amount so paid, with interest thereon at seven (7) per cent. per annum, to the next instalment of rent, provided that nothing herein shall prevent the Warehouse from contesting n good faith the amount or validity of any tax or assessment claimed to be payable by it and while it is so contesting the same payment thereof shall not be made by the Railway. Should section 15 of the said lease contract between the vVarehouse and the State dated January 20, 1930 be changed or modified in any way by subsequent agreement between the Warehouse and the State, the Warehouse agrees that it will assume and pay any tax liability which may be assessed against or may be claimed to be due from the Rai 'way growing out of such change or modification of said contract between the State and the Warehouse.
5. (a) The Warehouse expressly agrees that it will not authorize any others to use any of the Railway's tracks or facilities without the written consent of the Railway, and that it, the Warehouse, will indemnify and hold harmless the Railway from any loss or damage which the Railway may sustain on this account, it being understood that the tracks serving the Warehouse and the ground they occupy shall be used solely for loading, unloading and transferring freight interchanged between railroad cars and platforms of the Warehouse.
(b) The Warehouse further agrees that it will indemnify and hold said Railway harmless against the claims of property owners and others who may claim damages for or on account of the construction, maintenance and/or operation of said buildings and all liabilities arising therefrom.
(c) The Warehouse also agrees' to indemnify and hold harmless the Railway for loss, damage or injury caused or contributed to by any negligent act or omission of the Warehouse, its employes or agents, to the person or property of the parties hereto and/or their employes and/or the

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209

person or property of any other persons or corporations while on or using the premises of the Warehouse.
(d) It is understood that the movement of railroad locomotives involves some risk of fire and the Warehouse assumes all responsibility for and agrees to indemnify the Railway against loss or damage by fire to the property owned by the Warehouse regardless of Railway negligence, where such fire is caused by locomotives operated by said Railway or its tenant carriers for the purpose of serving the Warehouse or its tenants and patrons.
(e) The Warehouse agrees to indemnify the Railway against all loss and damage to its property and/or that in its possession, custody or control and to its employees from fire caused by it, the Warehouse, its officers or employes.
6. (a) The Warehouse agrees to insure, and keep insured at all times, from the date when said buildings and improvements are erected on the above described premises to December 27, 1969, any and all buildings and improvements that may be, at any time, upon said premises, against loss by fire, or other casualties then commonly insured against, said insurance to be for the full insurable value thereof, in such companies as may be mutually satisfactory to the Railway and the Warehouse. The Warehouse further agrees that in case of damage or destruction by fire or otherwise of the buildings so erected, or any other buildings or improvement hereafter constructed by it upon said premises, the Warehouse will commence to repair, rebuild, or replace the same, as the case may be, within six months after such loss, expending for such purpose an amount of money equal to the full insurable value of the buildings or of the portion of the buildings damaged or destroyed. Any and all insurance policies provided for herein shall, subject to the later provisions hereof, be made payable in case of loss to the Trust Company of Georgia, a corporation organized under the laws of the State of Georgia and having its principal office in Atlanta, Georgia, or such other trust company as may

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hereafter be agreed upon in writing by and between the parties hereto, as Trustee, which Trustee shall hold said policies, enforce the same in case of damage or destruction, collect any and all monies due and owing from any insurance company, and expend the same in accordance with the terms of this paragraph. It is agreed that in case the \V arehouse conveys its leasehold interest to a mortgagee or trustee, in accordance with the terms of section 14 hereof, such mortgagee or trustee (provided said mortgagee or trustee has an :::>ffice and place of conducting its general business in Georgia) shall be substituted for said Trust Company of Georgia as trustee for insurance under the terms of this paragraph, and such mortgagee or trustee shall agree to apply all insurance money received by it in accordance with the terms of this contract. From the date of this contract to midnight of December 27, 1969, all such insurance policies and any proceeds thereof shall be taken and held by such Trustee for the benefit of the State of Georgia, the \Varehouse, The Nashville, Chattanooga & St. Louis Railway, The Western and Atlantic Railroad, and any mortgagee or trustee in a mortgage or trust deed made pursuant to the provisions of section 14 hereof, as their respective interests may appear, but the proceeds to be used and applied as in this section provided for. In case of damage or destruction of the buildings and/or improvements, or any part thereof, any and all monies received from any and all insurance companies therefor from the date of this contract to December 27, 1969, shall, by the trustee, at the request of any of the following:-The State of Georgia, the Warehouse, The I\'ashville, Chattanooga & St. Louis Railway, The \Vestern and Atlantic Railroad, or any mortgagee or trustee in a mortgage or trust deed made pursuant to section 14 hereof, be paid out for repairing, rebuilding, or replacing the buildings and/or improvcmen ts, or any part thereof damaged or destroyed, as the case may be, such payments to be made on architects' certificates from time to time as the work of rebuilding, repairing, or replacing progresses; pro-

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211

vided, however, that in the event the \Varehouse shall have repaired, rebuilt or replaced said damaged or destroyed property and have fully paid therefor, all money so received from the insurance company or companies and not expended as above provided shall be paid directly to the \Varehouse. Any and all charges of any trustee for insurance under the terms of this section, shall be paid by the Warehouse. If any dispute arises between the parties hereto as to whether said property is insured to the extent of its full insurable value, the same shall be submitted to and determined by arbitration, as provided in section 8 of this con tract. As to tornado and earthquake insurance, the Warehouse will carry such amount as is customarily carried by those carrying that form of insurance on buildings of similar size or character in Atlanta.
(b) All such insurance policies shall contain a clause that they shall not be cancelled short of expiration by their terms without notice to the Railway. The Warehouse will furnish to the Railway each year a complete list of all policies for said insurance and renewals thereof, together with receipts or duplicate receipts for the premiums paid for such current year. In case the Warehouse shall at any time neglect to keep said buildings and improvements insured as herein provided, the Railway may procure or renew such insurance and add the amount paid therefor to the rent next thereafter falling due with interest at the rate of seven per cent. per annum.
(c) If after the construction of the said buildings and due to fire or any other cause howsoever arising, the use by the Railway, or any tenant carrier, of said two through interchange tracks, and/or said track serving the Alabama Street property on and across said leased premises is interfered with, the Railway shall have the absolute right to enter immediately upon the premises and take such steps as are necessary to make said tracks available for use and operation, and the Warehouse agrees to pay the Railway all expenses incurred in opening said tracks for traffic and

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reimburse it for any loss it may thus have sustained, provided, however, that the Warehouse shall be liable for no such costs where such work is made necessary as the result of any act or omission of the Railway or its tenant carriers.
Disputes arising under paragraphs (a), (b) and/or (c) of this section 6 shall be subject to arbitration.
7. (a) The Railway agrees that it will not let or lease any of the property now under lease to it from the State of Georgia or any property owned by it embraced within the city limits of the City of Atlanta, Georgia, to any firm, individual, or corporation for the purposes of operating an ice plant or a storage facility having for rent, sale or sublease storage space therein in competition with the warehousing facilities of the Warehouse, unless and until the Railway shall have first granted to the Warehouse the option and privilege for thirty days as hereinafter provided of leasing any such property upon the same terms and conditions on which the Railway may offer such property to any other person, firm or corporation. The Railway shall in each case deliver to the Warehouse notice in writing setting forth all of the terms and conditions upon which it is proposing to lease any such property, and the \Varehouse shall have thirty days thereafter in which to signify in writing its intention to exercise or not to exercise such option. Disputes arising under this paragraph (a) of section 7 shall be subject to arbitration.
(b) The Railway shall have the right to assign this lease con tract or any part thereof as in its discretion rnay seem wise, except to corporations, individuals, or other agencies conducting a business in competition with the Warehouse but any such assignee shall assume all the obligations of the Railway hereunder and such assignment shall not relieve the Railway from its obligations hereunder, unless agreed to by the \V arehouse.
8. If at any time any question shall arise on which under the provisions hereof arbitration is herein expressly authorized, then either party hereto may with reference to

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213

any such question about which they cannot agree, submit such question to the arbi tramen t of three (3) disinterested persons to be chosen, one by the Railway, one by the \Yarehouse and one by the two so chosen. No question can thus be arbitrated except as specifically authorized herein, but such arbitrators shall under no condition have the authority to eliminate any section or paragraph from this lease con tra~t.
The party desiring such arbitration shall select its arbitrator and give written notice thereof to the other party and shall in such notice state in substance the matter or matters which it proposes to submit to the arbitrators for decision; and only the matters so stated shall be considered or decided by them. Such other party shall within ten (10) days after receipt of such notice appoint a second arbitrator. If such other party shall fail to name an arbitrator within ten (10) days after notice as aforesaid has been given to it, the party giving such notice may apply to the Chief Justice of the Supreme Court of Georgia for the appointment of an arbitrator for and in behalf of the party thus notified and such judge may, after reasonable notice to the party thus notified, make the appointment. The arbitrator so appointed by such judge shall have the same power and authority as if he had been chosen by such other party. The two arbitrators appointed as above provided (if they fail to agree upon the matter in issue) shall appoint the third arbitrator, but if they fail to select the third arbitrator within ten (10) days after the selection of the second arbitrator as aforesaid (in the event of difference as to the matter in issue), such third arbitrator may be appointed by the Chief Justice of the Supreme Court of Georgia on the application of either party hereto after ten days' notice in writing to the other party hereto of such application.
The arbitrators shall, as soon as possible after their selection, meet to hear and decide the questions submitted to them and shall give to each party reasonable notice of the time and place of such meeting. After hearing both

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parties and taking such testimony or making such investigation as they may deem necessary, the arbitrators shall make their award in writing upon the question or questions so submitted to them and shall serve a copy of such award upon each party hereto. The award of such arbitrators, or a majority of them, shall be final and binding upon both parties, and each or either party shall immediately make such changes in the conduct of its business or otherwise or such payment or restitution, as the case rna y be, as in and by such award may be required of them respectively.
The books, papers and records of each party, so far as they relate to the matter submitted to arbitration, shall be open to the examination of the arbitrators. Until the arbitrators shall make the award upon any question submitted to them, the business, settlements and payments to be transacted and made under this agreement shall continue to be transacted and made in the manner and form employed prior to the arising of such question or questions. The cost of such arbitration shall be borne by the losing party, provided however, that nothing in this section is intended to give through arbitration either party hereto the right to continue to violate or modify any of the provisions of this contract.
9. Should the Warehouse fail to pay any instalment of the rent herein agreed to be paid by it when due, or should the \Varehouse fail to keep the said premises insured in good and solvent companies as herein agreed upon, and should the said failure to pay said rent or the said failure to keep the premises insured in accordance with the terms of Section G continue for ninety days after notice in writing by the Railway to the Warehouse (and any mortgagee or trustee en tit" ed to such notice as hereinafter provided) of such default (time being of the essence of this con tract both as to the prompt payment of said rent when due, and as to the failure to keep the said premises insured), then the Railway may at its option cancel and terminate this lease

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215

contract and take possession of said premises without any other or further notice. If at the time such notice of default is g: ven to the Warehouse there shall be a mortgage or trust deed made by the \Varehouse on said property and notice in writing of the name and post office address of the mortgagee or trustee under such mortgage or trust deed shall have been given to the Railway, then notice in writing of the default shall also at the same time be served on such mortgagee or trustee. Such right to so cancel this contract is cumulative of all other rights under the laws of the State of Georgia which are given to landlords in such cases.
10. (a) Should the Railway at the termination of said lease of May 11, 1917, again lease the V\'estern & Atlantic Railroad including the premises herein subleased to the Warehouse, then the Railway may and will with the consent of the State of Georgia acquire and assume the rights, obligations and liabilities of the State under its said contract with the Warehouse made as aforesaid under said Act of August 24, 1929, of which a copy is hereto attached as Exhibit No. 1, provided, however, that in such event paragraphs 1 (g), 2 (e) and (g), 3 (a) and (b), 4 (a), (b), (c) and (d), 5 (a), (b), (c), (d) and (e), 7 (a) and (b), 9, 13 and 17 of this lease contract, which have been omitted from the said contract between the State and the Warehouse dated January 20, 19:30, shall be considered operative and binding on the parties hereto dur ng the existence of such assigned con tract and as a part thereof.
(b) It is understood and agreed between the parties hereto that paragraph (d) of section ,1 of this lease contract and section 15 of said contract between the State and the Warehouse (Exhibit No. 1 hereto) are in the opinion of the parties hereto entirely consistent, but should the Railway again lease the Western & Atlantic Railroad including the property hereby dem:sed after December 27, 1969, and also become the assignee of the State's interest in said contract between the State and the Warehouse, and should a court of final and competent jurisdiction determine and

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hold that said paragraph (d) of section 4 and said section 15 are inconsistent, then in such event and in that event alone said section 15 shall govern as between the parties hereto after December 27, 19()9.
(c) Should the Railway again lease the Western & Atlantic Railroad after Decem her 27, 19()9 including the property hereby demised and also become the assignee of the State's interest in the said contract between the State and the Warehouse (Exhibit No. 1 hereto) then in such event to the extent, if any, that section 21 of said State contract (Ex hi hit No. 1 hereto) and section 1:~ of this lease con tract may be inconsistent, then said section 13 of this lease contract shall after Decem her 27, 19()9 control over section 12 of said State con tract.
11. This lease contract and all of the provisions hereof are made subject to all the terms, conditions and provisions of said Lease Act of November 30, 1915, and all amendments and supplements thereto, and said Lease Contract of May 11, 1917.
12. In case the said lease contract entered into the 20th day of January, 1930, between the State of Georgia and the \Varehouse, shall terminate prior to December 27, 1999, on account of legal cancellation and termination of the lease contract between the State of Georgia and The Nashville, Chattanooga & St. Louis Railway dated May 11, 1917, prior to Decem her 27, 19()9, by reason of an agreement between the Railway and the State or because of default on the part of the Railway, the Railway will indemnify and hold the Warehouse harmless against all actual loss or damages arising out of or from such prior termination. Disputes arising under this section 12 shall be subject to arbitration.
13. (a) The Warehouse shall, at any time or times, during the term of this lease, have the right to tear down and dismantle the building and improvements erected by it under this contract on said Parcel 1, or any other building

MoNDAY, JcNE 29, 1931.

217

or improvements hereafter placed on said Parcel 1 (and to dispose of the materials therein for its own be.nefit), and to erect in place thereof a building and improvements costing a sum of money equal to at least the value of the building to be torn down at the date of such te:1ring down or dismantling. Before te:1ring down or dismantling such building, the Warehouse shall give to the Railway a good and solvent bond in the sum of the amount to be expended, guaranteeing the construction and erection of a new building and improvements. The question of the then value of the building proposed to be torn down shall if the parties hereto cannot agree thereon be determined by arbitration in accordance with the terms of section 8 of this con tract, and the amount of the bond to be given by the \Varehouse for erection of the new structure shall at least equal the amount determined by such arbitrators as the then value of such building to be torn down. Such new building shall be designed for use for a general and cold storage business, a distributing and forwarding business, a loft and office building, and uses incidental to the operation thereof as expressly provided for in section 2 above. Such building shall be of fire-proof construction, of then modern design, pleasing in appearance, and of substantial construction. Before beginning the dismantling or tearing down of the building proposed to be torn down, the Warehouse shall in each case submit to the Railway plans and specifications for the proposed new building, to be approved by the Railway in advance of the tearing down of the existing building. However, in case the Railway shall not approve such plans and specifications within 90 days after they are submitted for approval, the question whether such plans and specifications meet the requirements set out in this contract for such new building shall at the request of either party hereto be determined by arbitration, as set forth in section 8 hereof. If such plans and specifications are approved by such arbitrators, the Warehouse shall be authorized to proceed with the dismantling of the old building and the construction of the new building, but if such

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JouRNAL oF THE SENATE,

plans are not approved by such arbitrators, the Warehouse, before it shall have the right under this section to tear down and/or remove the then existing building and improvements, shall submit other p' ans and specifications therefor, which shall in each case be acted on in the same manner as above provided for those so first submitted and if not approved by the Railway may likewise be submitted to arbitration, and when plans and specifications for the new building and improvements are approved by the Railway or by ar bi tra tors, the Warehouse rna y tear down and/or remove the existing building and improvements and construct on said premises the new building and improvements in accordance with such plans and specifications so approved.
(b) Any building hereafter constructed by the Warehouse on said Parcel 2 may at any time during the term hereof be torn down and removed by the Warehouse (and the materials therein disposed of for its own benefit) and a new building constructed in place thereof, provided such new building is attractive in appearance and is constructed in accordance with the building ordinances of the City of Atlanta. For any such new building on Parcel 2 the Warehouse may use the southwesterly wall of the building at the time on Parcel 1 as a party wall for use as a part of such building on Parcel 2. Any such new building shall be used for the s<~me general purposes to which the Pryor Street frontage of the building to be erected on Parcel 1 may be devoted.
(c) In case any new building is erected in accordance with the terms of this section, all of the terms and provisions of this contract shall remain in full force and effect, and be as applicable to the new building erected under this section of this lease contract as such provisions were applicable to the building which was dismantled and destroyed, and said new building shall immediately upon construction become the property of the State of Georgia subject to this lease.

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14. The lessee herein may sell and convey its interest herein and in said demised premises and in the buildings thereon, at any time hereafter, provided that at the date of such sale, conveyance or assignment, it shall not be in default in any of the covenants and agreements herein contained to be kept, observed and performed by the lessee and shall then have paid all rents, assessments, insurance premiums, and all other charges of every kind which shall be due and payable under this lease at the date of any such sale, conveyance or assignment; provided, also, that such sale, conveyance or assignment by the lessee shall be evidenced by an instrument in writing duly executed under seal and acknowledged by t,he assignee or assignees, and duly recorded in the office of the Clerk of the Superior Court of Fulton County, Georgia, wherein and whereby such assignee or assignees shall expressly accept and assume all the terms and covenants in this lease contained to be kept, observed and performed by the lessee, and become bound to personally comply therewith, a duplicate of which instrument duly executed shall be delivered to the lessor herein within thirty (30) days after the date of the delivery thereof to such assignee. And the lessee covenants and agrees that lessee will not make any sale, conveyance or assignment of this lease except in the manner and upon the conditions above set forth; and it is expressly covenanted and agreed by and between the parties hereto that any attempted sale, conveyance or assignment of the lessee's interest herein or in said leased premises and the buildings thereon by the lessee, without complying with the covenants and conditions of this section, shall be null and void. And it is further covenanted and agreed by and between the parties hereto, that in the event that any sale, conveyance or assignment shall be made at the times, under the conditions, and in the manner hereinbefore set forth, the assignee or assignees shall he subject to the same terms and conditions as to future assignments, and to all the covenants, agreements, provisions and conditions contained in this lease.

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And it is further covenanted and agreed by and between the parties hereto that the party herein assigning or conveying the leasehold estate hereby created, upon the conditions and in the manner hereinbefore set forth, shall thereby be forever released and discharged from any and all obligations arising or accruing under the covenants and agreements in this lease subsequent to the date of such conveyance or assignment and the completion of the building required by this lease con tract be erected on said Parcel 1 by the lessee and payment in full therefor, leaving said premises and building free and clear of any mechanic's lien or any claims on account of such work which might ripen into such lien and provided such conveyance or assignment shall have been made to carry in to effect an absolute and bona fide sale of the lessee's interest in this lease and said premises, it being expressly agreed that in the event of any assignment of this lease the lessee and also any such assignee shall remain personally liable under the covenants of this lease until the building required by section 2 of this con tract to be erected on said Parcel 1 by the lessee shall have been completed and fully paid for, leaving said premises and building free and clear of any mechanic's lien or any claim on account of such work which might ripen into such lien. It is expressly covenanted and agreed by and between the parties hereto that nothing in this lease contract contained shall be construed as restricting the right of the lessee to mortgage lessee's interest herein and in said demised premises and in the buildings at any time thereon, and the lessee is hereby expressly given the right at any time, and from time to time, to mortgage lessee's interest herein and in said demised premises and in the buildings at any time situated thereon by mortgage or trust deed; and it is further mutually covenanted and agreed that the mortgagee or Trustee in any such mortgage or trust deed and the holder or owner of the indebtedness secured by such mortgage or trust deed shall not become personally liable upon the covenants of this lease unless and until they or their assigns shall become the absolute

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owners of the leasehold estate created by this lease. Any purchaser properly acquiring under foreclosure of such mortgage or trust deed, the leasehold estate hereby created, upon taking possession of the demised premises in pursuance of the sale or decree under which such purchaser becomes the owner of the leasehold estate hereunder, shall thereby become the owner of said leasehold estate with like effect as if such purchaser had received a direct assignment thereof, but such purchaser so acquiring title to said leasehold estate shall not be entitled to exercise th~ rights of the lessee hereunder until such time as such purchaser shall execute and deliver to the lessor herein an instrument in writing assuming the performance by such purchaser of the covenants of the lessee herein, and agreeing to be personally bound thereby in the same manner and to the same extent as is hereinbefore provided in the case of abse>lute conveyance and assignment by the lessee of lessee's interest herein.
15. All notices hereunder from either party hereto to the other shall be in writing, and any notice to be served hereunder by t>ither party upon the other shall be served either by delivering a copy thereof to an officer of the other party or by mailing a copy thereof to the other party by United States registered mail, postage prepaid, addressed as follows: For any notice to be served by the Railway upon the \Varehouse, such notice shall be addressed to the \Varehouse at its office in the City of Atlanta, Georgia, and for any notice to be served by the \Varehouse upon the Railway, such notice shall be addressed to the Railway at its principal office in Nashville, Tenne:>see.
16. It is further covenanted and agreed by and between the parties here to that all the covenants, agreements, conditions and undertakings in this lease contained shall extend to and be binding upon the respective successors and assigns of the respective parties hereto the same as if they were in every case named and expressed, and that the same shall be construed as covenants running with the

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land; and wherever in this lease reference is made to either of the parties hereto, it shall be held to include and apply to the successors and assigns of such party the same as if in each and every case so expressed.
17. The \Varehouse further expressly agrees for itself, its assignees, and, if it leases to anyone else said entire building on Parcel 1, then also the lessee thereof, that at all times during the life of this con tract not less than 400,000 square feet of floor space in the building on Parcel 1 shall be devoted to use for storage, forwarding and distributing purposes or uses incidental thereto; and that neither it nor its assigns nor, if it leases to anyone else said entire building on Parcel 1, then also the lessee thereof, shall either devote less space for such purposes than that so specified herein or cease to use the same at all for such purposes without the written consent of the Railway.
In Witness Whereof, the parties hereto have caused this contract to be executed in duplicate on the day and year first above set out.

THE NASHVILLE, CHATTANOOGA & ST. LOUIS RY.

(Corporate Seal)

By
J. B. HILL,
President.

ATTEST:
F. A. CLARKSON'
Secretary.

THE WESTERN AND ATLANTIC RAILROAD,

(Seal)

By
J. B. HILL,
President.

ATTEST:
F. A. CLARKSON'
Secretary.

MoNDAY, JuNE 29, 1931.

223

Signed, sealed and delivered in the presence of:

L. E. McKEAND, CLYDE VAUGHAN, (Notarial Seal) Notary Public. My commission expires Oct. 12, 1930.

DIXIE TERMINAL BUILDING COMPANY,

(Corporate Seal)

By H. E. PoRONTo, President.

ATTEST: P. R. GATES, Secretary.

Signed, sealed and delivered in the presence of:

E. E. HESSE, MAURICE CoHEN, (Notarial Seal) Notary Public.

Under and in accordance with the terms and provisions of the Lease Act dated November 30, 1915, mentioned in the foregoing lease con tract, and the lease con tract dated May 11, 1917, whereby The Nashville, Chattanooga & St. Louis Railway leased from the State of Georgia the Western & Atlantic Railroad, I, L. G. Hardman, as Governor of .the State of Georgia, do hereby approve the above sublease.

This the 11th day of March, 1930.

L. G. HARDMAN,

Governor of the State of Georgia.

The Western & Atlantic Railroad Commission, appointed by and under the terms of an Act of the General Assembly

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of Georgia, approved August 24, 1929, does hereby to the extent it has the power grant permission of the State of Georgia as owner of the Western & Atlantic Railroad, as well as sovereign, for the construction and operation of the warehouse facilities and building described in the above lease con tract, so long as such operation is permissible under the general laws of the State of Georgia. This approval carries no personal responsibility.
This the 11th day of March, 1930.
C. MuRPHEY CANDLER,
w. F. JENKINS,
L. G. HARDMAN' vVM. D. ANDERsoN,
w. c. MARTIN,
C. K. C. AusLEY, H. H. SwiFT, H. T. MciNTOSH,
Members of the Western & Atlantic Railroad Commrssron.
Signed, sealed and delivered as to Western & Atlantic Railroad Commission in presence of:
]No. B. WILSON, MRs. H. C. CARRINGTON, (Notarial Seal) Notary Public,
State at Large, Georgia.
Sen<Jtor Harris of the 18th District moved that the Senate recess subject to the call of the Chair. The motion was adopted.
The President expressed his appreciation of the gift of a new Gavel through the courtesy of the Atlanta Woman's Club.

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225

The Senate was called to order at 11:35 o'clock, A. M., and proceeded to the Hall of the House of Representatives to hear the message of His Excellency, Governor Richard B. Russell, Jr.
The General Assembly was called to order by the President of the Senate.
The joint resolution convening the General Assembly in joint session was read by John T. Boifeuillet, Secretary of the Senate.
The Doorkeeper announced that the Governor, accompanied by the committee of the Senate and House as an escort, awaited the pleasure of the General Assembly.
The Governor and his escort were received by the Hon. W. Cecil Neill, President of the Senate, at the Speaker's stand.
President Neill presented His Excellency to the General Assembly.
The Governor delivered his address, which follows:

MESSAGE TO GENERAL ASSEMBLY
Delivered June 29, 1931

1\;lu. PuESIDENT, l\Iu. SPEAKER-J\IEMBEHS OF THE GE~ERAL
AssEMBLY-
In compliance with the mandate of our constitution that the Governor shall from time to time give the General Assembly information as to the state of the commonwealth and recommend to its consideration such measures as he may deem necessary or expedient, I appear before you today.
The present session of the General Assembly is more important and means more to the future of Georgia than any which has convened since the days of Reconstruction. The eyes of all Georgia are focused upon these legislative halls and you are attended

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in your deliberations by the hopes and prayers of three million of your fellow citizens. In this solemn hour it is well for us to counsel together on the condition of our beloved state; to view its affairs from a statewide rather than a provincial point of view; to eliminate sectional and factional lines; to consider all of the people as our constituency and to efface self and lay aside personal ambitions in our efforts to remedy the n1any pressing ills which beset the commonwealth.
The constitution and our scheme of government provides that the three branches of our government,-the legislative, executive and judicial, shall forever remain separate and apart, and operate each within its proper and appropriate sphere. Such recommendations as I mav make todav and from time to time are not brought to you with any pride of opinion or in an attempt to dictate or (lirect your deliberations. They are each and all born of an honest and conscientious desire to he of service and are the result of study made of our governn1ent as a member of the House of Representatives. Xo man in Georgia more thoroughly nppreciates the many difficulties attending every effort at reform v.-hich you may inaugurate here than I do, for it has not been many Jllonths since I stood here as the presiding officer of the House of Representatives, an honor I shall always cherish. You have my sympathy in your efforts to solve these problems. You have my cooperation and assistance in every progressive endeavor. Each of us are a part of this administration and the whole belongs to the people of Georgia, and if we are capable of worthwhile achievement there will be credit enough for all. If we are to really serve the people of Georgia it must be in a spirit of compromise and willingness to accede to everyone the right to his viewpoint-in a spirit of give and take, without of course sacrificing any convictions on fundamental principles. If any of the solutions I bring to you do not meet with your approval, suggest others that are superior and I will support them with every power of my being. I only ask that you do not take a purely negative view, for the times and the condition of our people demand constructive action and progressive thinking if we are to restore Georgia to her rightful place in the constellation of states.
'Ve are united in a common purpose; to render faithful service to those who have honored us by oublic expression of confidence. I am sure that every member of this body desires to deserve this confidence as sincerely as I do, and that our efforts here will be attended by an atmosphere of mutual confidence and cooperation.

MoNDAY, JuNE 29, 1931.

227

PRESENT STATUS OF FISCAL AFFAIRS
It is a matter of common knowledge that the fiscal affairs of the state are in a most deplorable condition. By the end of the present year-19~H-there will be a staggering total of past due and unpaid appropriations to the various institutions of the state and departments of government amounting, in round figures, to more than $8,876,000.00. Some question has been raised as to the legality of these unpaid appropriations and as to whether or not, technically speaking, they constitute legal obligations of the state. To my mind this discussion serves no useful purpose. The honor of Georgia demands that any and all promises of the state be met in full and it would be as abhorrent to me to repudiate an appropriation regularly made by the General Assembly and approved by the Governor as it would be to refuse payment of the recognized valid bonded indebtedness of the State. It is of course manifestly impossible to pay all of this indebtedness at one time. But we must recognir,e it as an obligation against the state an(llay our plans for its gradual liquidation.
The present financial depression leads us to suggest that this is not a propitious time to impose neu;- and heavy taxes upon those of our people who are now bearing the burden of government. The estimated revenue subject to general appropriation for 1932-33, provided the sales tax is permitted to lapse at the end of the year 1931, is $10,728,000.00 for each of the years. With the dire consequences of over-appropriating before you, it is scarcely necessary for me to stress the importance of keeping income and outgo balanced. Everybody recognizes that Georgia must live within its income and if more funds than this amount are to be appropriated, we must certainly raise additional revenue.
The budget requests for 1932-33 exceed anticipated revenues by nearly three millions of dollars and to bring the general appropriations within this sum will require drastic reductions in appropriations for the next two years. Let me urge you in the name of Georgia, not to appropriate in excess of our assured income without enacting at the same time tax bills which will raise the revenue.
The deficiency in the state treasury represents one of your most trying problems. If, after a careful survey of the fiscal affairs of the state and of the various departments and institutions, you determine that it is necessary to make an immediate substantial payment in order to preserve the credit of the state and the services of such institutions to our people, I suggest that you consider ways and means of realizing immediately on

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some of the liquid assets of the state, such as the income from the rentals of the Western & Atlantic Railroad.
Nothing but the most pressing emergency can justify pledging future income of the state for any purpose, hut if you find that a condition exists which demands immediate relief, the constitutional restrictions on financing obligations of this nature are such that \Ve apparently have no other alternative.
The people of Georgia are expecting this administration to take some definite steps towards remedying the deplorable condition into which the state's finances are drifting. ="lo one expects us to work any miracle or to he able to produce this money by magic, nor do the people anticipate any increased taxes on those unable to pay. They are expecting this administration to inaugurate a program of economy in governmental affairs in keeping with the program of rigid economy which the head of every household and every individual in Georgia has been compelled by necessity to adopt. This can only he done by cutting our expenses to the hone, and if necessary to the marrow.
All those in the state's employ know that regardless of fluctuating finances their pay is safe and sure. and has the great advantage of being certain. I therefore recommend to you that the salary of every person drawing pay from the state or any of its departments or institutions, be reduced either 5 or 10 per cent for each of the years 1932 and 1!)3~), and that this saving be applied to the payment of the deficit. This scale in salaries should apply to every employee of the State from the Governor down, with the possible exception of any who may be drawing less than $50.00 per month.
This should be accomplished where possible through legislative enactment. This would be possible except as applies to the salaries of the Governor, members of the Appellate Courts and Attorney General. For my part I will gladly turn back into the state treasury for this purpose the same proportion of my salary that you see fit to reduce the salaries of all other officials and employees.
If you determine that it is possible to do so I feel that the taxpayers of Georgia who are so sorely burdened in these trying times should be afforded the further relief that will come from a like reduction in the salary of every employee of every county, municipality or other subdivision of the state whose compensation is fixed by legislative enactment.
This will work a severe hardship on no single individual and, taken collectively, will mean a substantial saving to the tax-

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229

payers of the state. The buying power of the dollar is so much greater today than it 'vas two years ago that this will not actually amount to a decrease in the salary of anyone. I feel certain that if any person feels constrained, on account of such reduction in salary to leave the employ of the government that such person's place can he efficiently and immediately filled from the vast army of our citizens who are unemployed, hut are willing to work and are anxiously seeking employment.
This reduction should apply to the compensation of every person who is drawing state funds from any source. for services rendered the state. whether from fees, salaries or wages, otherv.-ise it would he unfair. This proposal is the result of mature consideration of 111eans ahsolutelv necessarv to balance the income and expenditures of govern;uent, and' as an equitable plan to bring into governmental aft'airs the sml'e economy which has been by present economic conditions forced upon those who support the governnent. The average man in Georgia, the laborer, the farmer, the professional man, the merchant and the artisan, are all rendering the same service today that was rendered a few years ago and at a JPaterially reduced wage. The farmer in particular has seen a large part of his income swept away by declining prices. and those who are in the public service should cheerfully continue to serve at a small reduction in compensation while faithfully rendering the same service. I recommend that this reduction he for a two year period only.

REORGANIZING THE STATE GOVERN:VIE~T
One of the crying needs of Georgia today is a complete and thorough overhauling and rebuilding of our present structure of State Government. \Ye have Boards, Bureaus, Departments and Commissions almost too numerous to name and the average citizen of the state has little knowle<lge of the actual workings of the Govermrent he is taxed to support. The modern trend in government is towards a coordinate and simplified administrative system, and if I know the public mind of Georgia I 'vould say that the citizens of this State are more interested in your eft'orts to reorganize our administrative machinery than any measure that will he before you for eonsideration.
A considerable saving can be effected through the reduction in the overhead cost of Government and at the same time efficiency can he greatly increased.
One of the chief troubles of our Government today is the division of authority and responsibility between the various Depart-

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ments and Agencies. The people are entitled to have an explanation of the proper expenditure of tax money and responsibility for the operation of their Government definite and fixed in responsible public officials, hut this is impossible under our present haphazard system, or lack of system.
This is a matter which it will be well for us to consider from the standpoint of the public welfare and not from the standpoint of personal favoritism or sympathy for any individual who may be affected by the proposed changes. Our Government has reached a point of inefficiency in which the necessity for reorganization has ceased to be a personal matter, but is one of public concern.
It is strictly within legislative prerogative to decide the number of changes that should be made, and the departments that can 'properly he combined or abolished. The past General Assembly created a Commission which has made a careful study of all phases of our Governmental activities and the members of this Commission are also members of this bodv. Thev are in a position to explain in detail the reorganized pl~n of G~vernment which they propose, as a result of their investigation.
I recommend for your most careful consirleration the report of their exhaustive investigation. I am confident that this General Assembly will approach this problem sincerely and patriotically and will enact legislation which will give the people of Georgia a Government in keeping with modern conditions. }ly views on this important question are well known.
Yiewed from an impersonal standpoint it is our sworn duty to reduce the expenses and the number of employees of the State as much as possible without depriving the people of necessary services. Regardless of the shape and form the remodeled structure of government may take, I regard it as imperative that all taxes levied by the state be collected through one office.
A real reorganization will inevitably result in the abolition of certain offices and will cause some of those now in the employ of the State to lose their positions. This is most unfortunate for those affected, but in our scheme of Government it is the duty of the citizens to support the Government and not the Government to support the citizens or perpetuate unnecessary positions and support useless agencies.
TAXATION
The question of taxation has always been the greatest problem of all governments. Georgia is one of the few states in the union

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231

which still clings to the uniform system of ad valorem taxation. As the rate of taxation has been increased by counties, municipalities and school districts, the returns of intangibles, property not visible to the naked eye, has gradually shrunk in value. This has caused the rate of taxation to increase in proportion upon the homes, farms and other real estate until this class of property is bearing a grossly unfair proportion of the total cost of Government.
Nobody questions the fact that the uniform ad valorem system in Georgia has long since served its purpose and is broken down. It has frequently been charged, and I have never heard it denied, that real estate represents only one-third of the wealth of the State and yet it is bearing practically the entire cost of Government. The State has made an effort to more equitably distribute the cost of Governn!ent by the enactment of an effective and reasonable income tax, hut on account of over-appropriations and the unusual financial condition of the State this has afforded the owners and holders of real estate but little relief. While it is recognized that the State ad valorem tax is of itself not burdensome to the taxpayers, I am firmly convinced that the State should retire from the field of taxation on tangible property and leave this as a matter of county and municipality taxation. When this is done, people generally will recognize that the real burden on their property is caused hy municipal and county expenditures and they will demand greater economy and more efficiency from their local subdivisions of Government. The savings 'to the taxpayers by the State ceasing to levy on real estat~ will do much to balance and equalize our tax system. I therefore suggest that you propose to the people of Georgia a constitutional amendment which will permit the General Assembly to classify property for tax purposes and segregate the returns from intangibles into the State Treasury and also to reduce the rate on real estate devoted to forestry. The end we should strive for is to gradually eliminate the State tax on real estate. l\Ioclern conditions demand that this he clone, and recommendations to this effect were carried in the party platform adopted by the State Democratic Convention at Macon. I also suggest that you consider the advisability of limiting the tax rate which may he imposed by counties and cities.
There is no subject in all Government that has as many angles and stimulates, as many theories, or that is as controversial, as taxation. \Ve all know that real estate is now being taxed out of proportion to its value and income as compared with other property. Taxes on this class of property, levied by the State, the various counties, municipalities and local school districts, have

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increased to the point almost unbearable and is forcing farms and homes to be sold for taxes and depriving citizens of Georgia of their property and their rightful opportunity to earn a livelihood. The taxation problem can not he solved hy voting new taxes or new forms of taxation to meet new and additional expenditures. It is essential, as I see it, and as the overburdened taxpayers see it, that all new forms of taxation which may be by you devised shall actually displace a portion of the tax now levied on real property.
I wish to impress upon you that I am not greatly concerned as to the form which tax relief shall take, but I am concerned and the taxpayers are deeply concerned that relief shall be afforded them. The only certain way to insure reduction in taxes is to reduce expenditures. The only safe way to reduce expenditures is to hold the budget of both local and State Government within safe limits.
Increase in expenditures of counties and cities is one of the largest elements in our constantly mounting taxes. If every subdivision of Government in Georgia could eliminate all waste and extravagance and duplication of effort and really secure a dollar in value for every tax dollar spent, we would at once experience a drastic reduction in the cost of Government which could either he applied to reductions in taxes or needed improvements.
EDUCATION
Education is a paramount duty of all enlightened governments and we all recognize the importance of adequate educational facilities in the development of our State. The State wisely guarantees to every child an opportunity to obtain instruction in the elementary branches of an English education. The growth of our educational system must continue, but progress in education, as in all other governmental activities, must be made with due regard to the ability of our people to pay. The people of Georgia contributed taxes amounting to the large sum of eighteen million four hundred fifty-five thousand two hundred and fiftyone dollars and twenty cents ($18,455,251.20) for the support and maintenance of their common and high schools during the fiscal year ending .June 30, 1!)30, and for the year 1930 the State appropriated seven and a half million dollars for this purpose, and paid of this amount six million eight hundred fifty-two thousand three hundred and twenty dollars and seventy-three cents ($6,852,320.73). While we view with proper pride the progressive elevation of our educational standards, the expansion of physical

MoNDAY, JuNE 29, 1931.
equipment, the improved facilities of instruction, the increases of pay for teachers and the broadening of the varied curricula, we are compelled to consider the problems which the new standards force upon some of our school units.
I am convinced that the State, through its Department of Education, should have closer contact with the various school units, and should exercise active supervision over all expenditures of State funds. School officials and governing boards should conscientiously scrutinize their school cost to the end that all possible econom.v may be effected ami that expenditures shall be reduced to the lowest minimum without impairing the quality of instruction.
In view of the fact that thousands of graduates of our public and high schools do not avail themselves of college training, it is my opinion that the educational authorities of the State should devise as practical courses of study as possible, laying special stress on vocational training.
The one cent a gallon tax on gasoline, which has been allocated as an equali;.mtion fund for the benefit of the poorer communities of the State, has proven to be the salvation of many rural school units during the past two years and has been their one sure source of revenue. Our equalization fund amounts to approximately two and one-half million dollars annually. 'Vhile it would probably be more just and desirable to obtain the money for this fund from some source other than the tax on the users of gasoline and motor fuels, under no circumstances and for no reason should the equalization fund for the common schools be diminished or decreased at this time.
UNIVERSITY SYSTEM
All Georgians take pride in the fact that the first State University on this continent was chartered by the General Assembly of Georgia and also take special pride in the splendid work being done by our Institutions of higher education and teacher training. The various units of the University of Georgia should receive as liberal financial support as the condition of the Treasury will justify. Georgia has twenty-five branches of the University system. This necessarily divides the sums appropriated to higher education to such an extent that none of our Institutions, taken singly, receives an appropriation comparing favorably with that of our sister states. It is well for us to consider the advisability .of combining and coordinating some of these Institutions in order

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to centralize the advantages of the monies expended on higher education.
If you find it impossible to abolish, or combine any of the various units of the University system at the present session, I recommend that the General Assembly make provision for a thorough survey of the entire University system by a competent body, non political in character, in order that we may arrive at a just and fair conclusion as to which units of the University system may properly be eliminated or merged. If our system is properly correlated it can be amply supported by the State and a complete and thorough survey should certainly enable us to eliminate over lapping of work and duplication of effort and will furnish valuable information for a proper basis of appropriation in the future. Approximately two and a quarter millions of dollars annually was appropriated in 1020 to the various units of the rniversity system for maintenance. If this amount be effectually and properly expended it should provide us with institutions of higher education of the first order.

SCHOOL BOOKS
The high cost of text books has become quite a problem to parents of moderate means attempting to educate their children. The too frequent and unnecessary changes in State text hooks in the past several years, have resulted in much unnecessary expense to parents. There is a widespread and general dissatisfaction because of the present burdensome plan of hook adoption and the two great expense of text books.
Considering the present condition of the State's finances free school books are out of the question at this time, and in order to stabalize and reduce prices and to afford text books at the lowest possible cost, I regard it as imperative that there shall be adopted a stringent uniform text hook law which shall apply to every common school unit in the State receiving any funds from the State Treasury.
I further recommmend that the State Text Book Commission be empowered and directed by proper legislation to formulate a system which reduces the present excessive prices of school hooks based upon the following principles:-
(1) That the Text Book Commission be empowered and authorized to have books for the common and high schools of this State printed by contract, by the lowest and best bidder. That to carry out the provisions of this authorization, the said Commission be empowered either to rent plates, buy manuscripts,

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235

employ competent authors, ()r to pay royalties, or do any other act or thing necessary to permit them to have text books printed by contract, if this be considered advisable by the Commission and the most economical method of obtaining satisfactory books.
(2) That the State Text Book Commission be empmvered and authorized to contract with the publishers of any text book, for the purchase of text books in quantities sufficient for the children in any of the grades of the public schools of this State, based on estimates and the school census, and that such Commission be authorized to set apart a revolving fund from the appropriation made to the common schools of this State for this purpose, not to exceed the sum of five hundred thousand dollars for any year; said hooks to be furnished to the user at exact wholesale price.
(3) That said Con1mission he authorized and empowered to contract with any publisher of school books for the use of any book which it may be possible to adopt at a lower cost than now possible by either having the same printed by contract or purchased in quantities, provided the publisher will agree to have such book handled through the agency of distribution created and recognized by the Commission, without any profit to the distributor.
(4) That all school books chosen and selected by the Text Book Commission by either one of, or all of these methods, be distributed by the County School Superintendents of the respective counties at actual cost and that all of such superintendents be required to give a good and sufficient bond for the proper handling of said books and faithfully accounting for all funds received therefrom.
In my opinion such a system will result in a material reduction in the cost of school books. This plan will entirely eliminate the excessive profits heretofore received on school books and will result in a substantial saving. The State now pays each county school superintendent fifty dollars per month, out of school funds, and in practically every county this is supplemented from the county treasury. The various county superintendents of schools can easily work out a system whereby teachers of various grades can handle these books without any undue burden being placed upon them or upon his office.
STATE HIGHWAYS AND HIGHWAY DEVELOPME~T
In point of public interest and amount of money handled, the Highway Department occupies a very prominent place. Due to the increased revenue afforded this Department by the tax

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JouRNAL oF THE SENATE,

legislation of 192!l, substantial progress has been made in the completion of our system and under existing conditions we may reasonably hope for further improvement of all of our roads within the near future. The cost of construction is lower than ever before in historv. Recent work on our system has afforded employment to tl~ousands and accomplish~d much in alleviating the distress incident to the present economic depression.

The people of Georgia may well felicitate themselves upon the fact that \Ve will soon have a splendid system of highways without having accumulated a tremendous bonded indebtedness in its construction. J\Iost of our citi;r,ens now agree that it would be unwise to issue bonds for highway purposes. The "pay-asyou-go'' system has been thoroughly vindicated.

Our high\vays are being built by those who use them and are

financed by taxes imposed upon motor vehicles and motor vehicle

fuel. This class of taxpayers are not only paying for the con-

struction and maintenance of the State road system, hut they are

also contributing approximately two and one-half million of

dollars annually tmvards the common school fund and a like

amount to the \arious counties of the State for the maintenance

of county roads. In my opinion, any further diversion, for any

purpose, of the funds devoted to road construction and main-

tenance, within the next two vears, would he inadvisable and ill

timed.

.

In the early stages of highway construction a policy of requiring the counties of the State to assist in meeting the cost of highway construction was adopted. This policy has resulted in creating a moral obligation of the State to the various counties amounting to around twentv million dollars. It caused the issuance of millions of dollar~ of road bonds by the counties and resulted in increasing the already excessive county taxes upon the homes, farms and business interests for the purpose of paying interest and redeeming ho11<ls. l'nder such a system it is iwpossihle for the poorer and weaker counties to obtain roads. This is the direct cause of the good highways of the State heing broken by stretches of had roads through counties una hie to contribute to highway improvements. Regardless of the Jl'erits of this policy at the inception of our highway system, there can he no excuse for its continuance in view of the present revenue of the highway department. I suggest that you consider the advisability of passing a law prohibiting further contributions hy the counties to the building of State roads.

The Highway Department should inaugurate the same program of economy which the present condition of the treasury renders

MoNDAY, JuNE 29, 1931.

237

it imperative for the other departments to adopt. Salaries and the overhead cost in this department should he cut to the lowest possible minimum. The people will obtain the immediate benefit from any sums tlmt may be saved by a reduction of salaries or administrative costs in this department for use in the construction of more roads and by affording employment for more people through increased construction.
The total amount of so-called certificates of indebtedness to the various counties by the Highway Department is assuming alarming proportions. There is grave doubt as to the legality of this indebtedness and as to whether it represents a legal demand against the State. These certificates are unquestionably moral obligations of the State and these, in many cases, represent increasing and excessive taxes on owners of farm lands and small homes who voted bonds in their efforts to secure the benefit of highway improvements.
It is now apparent that it will be many years before the State Highway System is completed. Additional mileage has been added to the system on several occasions since the passage of the act requiring the counties which contributed to the State system to await the completion of the system before having their money refunded. It is my opinion the best public policy will be, not only to discontinue county participation in building State roads, but to propose to the people of Georgia a constitutional amendment recogni,;ing this indebtedness and enabling the General Assembly to repay these counties the sums advanced the Highway Department in gradual annual payments not to exceed ten per cent of the total amount.
These certificates are held by a hundred and fifty Georgia counties in greatly varying amounts and their gradual repayment will be a step toward reducing the present county tax rate. The countv tax rate is in manv instances excessive on account of the paym~nts which must be 1;1ade on bonded indebtedness.
Any reduction of county taxes throughout the State will be reflected in the prosperity of all the citizens of Georgia and is an end much to be desired. Such repayment will not materially lessen highway construction in those counties where funds have not been advanced to the State, especially in view of the constant increase in the revenue from taxes on gasoline and on motor licenses.
The State Highway System belongs to the State and we should as speedily as possible make its maintenance and construction strictly the State's business. We are committed to a "pay-as-

238

JouRNAL oF THE SENATE,

you-go" policy so long as the counties are permitted to place a lien on the property of their citizens for the purpose of providing funds to use for State highway construction.
CHA::\Gil'IG TIME OF INAt;GCRATIO~ OF GOVERNOR
So far as I am advised no other state of the nation is operating under the system which obtains in Georgia, of electing a Governor and General Assembly in Xovember, often on issues of present and vital importance, and preventing their assuming office until the following .June, thereby delaying the opportunity to enact into law any principle advocated in the campaign or in the party platform.
The present system causes much confusion and is certainly not conducive to good government. To my mind there is no good reason for its continuance. With full knowledge that such legislation will shorten my term as Governor by more than six months, I recommend the submission and adoption of a constitutional amendment which will enable the Governor and the General Assembly to take office in .January following their election in Xovember.
PRORATION OF FUNDS
It is a matter of recent history that the common schools bear the brunt of the suffering caused by excessive appropriations. It has often been the case in Georgia, when appropriations exceed revenue, that the total amount of the appropriation to all of the various Departments of State, her employees, and the various Institutions, have been paid in full at the expense of a material reduction in payment of the appropriation made to the common schools.
Common sense and good business policy dictate that the total amount of our appropriations should in no instance and for no purpose, exceed the revenue of the State. In order to prevent any discrimination in the future against the beneficiary in any appropriation item, I suggest for your consideration the adoption of a constitutional amendment prorating all funds and evenly scaling the salary of every official and employee of the State, beginning with the Governor, in event any future Legislature and Governor may be so unwise as to make and approve appropriations in excess of the assured revenue of the State.
HEALTH
The question of public health is one of paramount concern. We realize the necessity of preserving the health of our people and

MoNDAY, JuNE 29, 1931.

239

protecting them from contagious and communicable diseases. All funds properly expended for this purpose are certainly a wise investment.
Public Health work in Georgia has been carried forward rapidly and efficiently and has become quite a factor in the life of our State.
The State has various splendid institutions for the treatment of mental disorders and other classes of unfortunate citizens. Enlargement and maintenance of these institutions constitute a considerable item in our annual budget.
All are agreed as to the necessity of the State continuing and fostering this important work, and I am sure that it ;viii appeal to the humanitarianism of this Assembly and all of our citizens. I am convinced, however, that certain economies can be efflected in this work, as well as in other Governmental activities, without impairing the efficiency of these institutions or their ability to serve the people.
I am further convinced that many patients who are amply able to defray the expenses of their treatment, are being treated in the various State Institutions at the expense of the taxpayers. There has long been a provision in our law that the Trustees of the Milledgeville State Hospital for the Insane at Milledgeville should investigate the financial condition of those affiicted with mental disorders before admitting them to that institution, in order to ascertain whether such patients have sufficient estate to enable them to contribute towards their maintenance and treatment. So far as I am informed, no charges have ever been made against a patient of the more than five thousand who are receiving treatment at that institution. Xo person should be denied admission to any of the State's Hospitals on account of poverty or inability to pay, nor should any person possessed of an estate be a charge on the already overburdened taxpayers of our State.
I recommend that by appropriate legislation you provide a sure method whereby the State will receive compensation for the treatment of all patients in State Hospitals and eleemosynary institutions in every instance where such patient is possessed of an estate sufficient to defray all or a part of the expense of his treatment.
Existing departments have many employees whose duties require them to travel over the State and these employees, under proper instruction, can make proper investigation of the financial condition of such patients at very little additional cost.

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JouRNAL oF THE SENATE,

LABOR AND THE WORKMEN'S CO'VIPENSATION ACT
""e have long realized the necessity for the most cordial and sympathetic relations hetween capital and labor aJHl at this very critical time in our industrial life any agitation calculated to engender feeling between those employed and their employers would be peculiarly unfortunate.
The workmen's compensation la\v has been in operation in this State for a numher of years, and while many people do not approve of such a system regarding it as paternalistic, we realize it represents the advanced thought of both the employer and the employee and that it is established as a part of our present day system of government. I therefore favor legislation to liberalize these laws for the benefit of the workmen. l"nder the present law the employee is only entitled to hospital treatment in the sum of one hundred dollars. In my opinion this is woefully inadequate and works a hardship in numerous cases, and I recommend that this benefit he increased to a maximum of five hundred dollars, and that you further consider the a!lvisahility of lump sum payments to employees who are totally and permanently disabled, without regard to agreement of the parties, in order that such employees may have an opportunity to embark in business, or become selfsupporting and not have their limited weekly payments cease, leaving them without means of support or opportunity of earning a livelihood.

REDISTRICTING THE STATE
As a result of the slight increase of the population disclosed by the ]!);~o census, our State has suffered the loss of two Representatives in the National Congress. 'Ye are now only entitled to ten Congressmen instead of twelve. It therefore becomes your painful duty to redistrict the State hy rearranging the counties on the basis of population, into ten districts. ?lluch apprehension is felt throughout the State that this important matter will degenerate into political log rolling and consume much of the valuable time of this Assembly. I have full faith in the patriotic ability of this Legislature to dispose of this matter at the present session in a fair and just manner without being influenced by personal appeals or considerations. I call on the present twelve representatives in Congress to aid the Legislature in arriving at a proper plan of redistricting the State.
Under the provisions of paragraph one, section three, article three, of our Constitution, it is also our duty to apportion representation in the House of Representatives among the several

MoNDAY, JuNE 29, 1931.

241

counties of the State on a basis of population, as disclosed by the 19:>0 census and directed by the provisions of this constitutional provision.
BANKING LAWS AJ\D BANKING DEPART\IENT
The tremendous loss sustained by our people on account of the failure of hanks throughout the State has emphasized the need of the most rigorous and careful supervision of our banking system and the necessity of adequate banking laws. Present economic conditions have no doubt aggravated bank failures, hut the fact remains that our banking laws and Banking Department should either he made a real agency for the protect'ion of depositors and creditors of our hanks in time of stress as well as prosperity, or the Department should he abolished and the laws repealed.
Supervision of banks is one function which, when assumed by the State Government should he most scrupulously and carefully exercised. lf the State is unable to afford protection all pretense should he removed for no depositor should lose money which has been deposited in hanks in the confident expectation that it would be protected by the laws of the State.
SCHOOL CODE
Our present school laws in Georgia are vague and conflicting and I suggest for your consideration the matter of clarifying them by writing a new code of school laws. There is very little connection between the State Department of Education and the various school units. In my opinion they should he brought into more definite and binding relation and the responsibility resting upon each should be positively fixed. Our common school system is not the result of careful planning. It is irregular in operation and often weakest and most inefficient at the most expensive points.
REVISION OF THE STATL'TES
The General Assembly at its l!l2!l session created a Connnission instructed to prepare an<l revise the Statutes of this State. There has been no revision of the Georgia Code since l!HO. This Commission has completed its labors and has contracted for the production of a new and revised Code, including the acts of this session, which contract is subject to the approval of this General Assembly, and this question will be before you for consideration.
I invite your attention to the printed reports of the various Departments of the Government, which will he before you, for

242

JouRNAL OF THE SENATE,

information as to the scope of their activities and the nature of the work they are doing.

I wish to assure the members of this General Assemhlv, collec-

tively and indiYidnally, that I am fully cognizant of the tre;nendous

responsibility which is yours. I stand ready and willing to assist

you in every way possible. If my ten years experience as a member

of the House of Representatives can be of the slightest aid to any

one of you, it will he a privilege to have you call on me. I hope

that the members of this bodv will feel free to come to my office

for conferences on the people's"lmsiness.



The great seal of Georgia hears the words "'Yisdom, .Justice and l\Ioderation." l\Iay the spirit of moderation pervade our deliberations, may wisdom direct our efforts. and equal justice to all our people he the result of our labors.

Respectfully submitted,

RICHARD B. RUSSELL, .JR.,

Governor.

Representative Beasley, of Tattnall County, moved that the General Assembly be now dissolved, and the motion was adopted.
The President called the Senate to order at 12:30o'clock,
P.M.
Senator Williams of the 27th District served notice that at the proper time tomorrow he would move to reconsider Senate Resolution No. 24.
The President announced that he had made his appointments of the standing committees of the Senate for the term 1931-33. The Secretary read the committees as listed here below:

MoNDAY, JuNE 29, 1931.

243

ACADEMY FOR THE BLIND

LANGFORD, Chairman LAZENBY, Vice-Chairman

Beck Davis Horn Nelson

Pratt Puett
'Vallace

AGRICULTURE

HAND, Chairman

NIX, Vice-Chairman

Alexander Beck Bennett Clements Courson Davis Dekle Denton Duckworth Ennis Horn Johnson Jones Knabb Langford

Lazenby :McKenzie Martin Neisler Nelson North Perkins Pratt Pruett Smith Tippins Waters "'Thitehurst Williams

AMENDMENTS TO CONSTITUTION

MooRE, Chairman

WEST, Vice-Chairman

Brock Bennett Cheatham Clements Davis Dekle Ennis

Evans Hand Jackson Langford Martin McWhorter Neisler

241

JouR~AL oF THE SENATE,

Nix Perkins Peterson Pruett

Reagan
Tippins watson

APPROPRIATIONS

DEKLE, Chairman

CHEATHAM, Vice-Chairman

Alexander Beck Ennis Fowler Hand Harris Jackson Langford Mc\Vhorter .Moore Neisler North Perkins

Peterson Pruett Richardson Smith Stark Strickland Tippins \Vallace \Vatson Weekes West \Vhitehurst Williams

AUDITING

NELSON, Chairman

TIPPINS, Vice-Chairman

Beck Jones McKenzie

Pratt Whitehurst

BANKS AND BANKING

NEISLER, Chairman LANGFORD, Vice-Chairman

Cheatham Clements Courson Duckworth Evans

Hand Jackson Knabb Lazenby .Moore

MoNDAY, JuNE 29, 1931.

245

Nelson Nix North Pruett Strickland

Tippins Wallace Weekes Whitehurst Williams

COMMERCE AND LABOR

WILLIAMS, Chairman
Cheatham Courson Dekle Duckworth Ennis Fowler Hand Horn Jackson Jones

DAVIs, Vice-Chairman
Neisler Peterson Pratt Pruett Reagan Wallace Weekes West Whitehurst

CONGRESSIONAL AND LEGISLATIVE REAPPORTIONMENT

BENNETT, Chairman
Alexander Courson Davis Denton Duckworth Ennis Evans Fowler Hand Jackson Johnson

NELSON, Vice-Chairman
Langford l\'lc\Vhorter North Pruett Reagan Strickland Tippins \Vallace Watson \Veekes West

246

JouRNAL oF THE SENATE,

CONSERVATION

KNABB, Chairman

PuETT, Vice-Chairman

Alexander Clements Courson Duckworth Harris Hand Horn Lazenby

McWhorter Moore Pratt Tippins Wallace Waters Weekes Whitehurst

COUNTIES AND COUNTY MATTERS

JACKSON, Chairman

DENTON, Vice-Chairman

Brock Clements Courson Davis Duckworth Ennis Fowler Hand Harris Knabb .McWhorter .Martin
Neisler

Nelson North Pratt Pruett Puett Richardson Smith Stark Wallace "\Vaters Watson
'Veekes "\Villiams

CORPORATIONS

NORTH, Chairman

McKENZIE, Vice-Chairman

Adkins Courson Horn Lazenby Martin Nelson

Peterson Reagan Stark Waters Whitehurst

MoNDAY, JuNE 29, 1931.

247

DRAINAGE

WHITEHURST, Chairman WILLIAMS, Vice-Chairman

Bennett Brock Knabb

Martin l\lcKenzie Perkins

EDUCATION AND PUBLIC SCHOOLS

McWHORTER, Chairman CLEMENTS, Vice-Chairman

Beck Bennett Cheatham Courson Davis Denton
Duckworth Ennis Hand Harris Jackson Johnson Langford

Neisler Nelson Nix North Peterson Reagan Stark Strickland Tippins Wallace Waters
'Vatson West

ENGROSSING

PuETT, Chairman

ADKINS, Vice-Chairman

Denton Fowler Horn

Neisler Peterson Richardson

ENROLLMENT

WEEKES, Chairman

WHITEHURST, Vice-Chairman

Courson Evans Jackson

Jones Peterson Pruett

248

JocRNAL OF THE SENATE,

STARK, Chairman
Adkins Bennett Brock Cheatham Courson Davis Dekle Denton Duckworth Ennis Evans Hand Harris Johnson

FINANCE
FoWLER, Vice-Chairman
Jones Knabb Langford ~1.c Whorter Neisler Nelson Nix Peterson Pruett Reagan wallace Watson Weekes 'Vest

GAME AND FISH

STRICKLAND, Chairman CouRsoN, Vice-Chairman

Adkins Alexander Brock Evans Fowler Hand Jackson Jones

Knabb Martin Neisler Perkins Pratt Puett Tippins Watson

GENERAL JUDICIARY NUMBER ONE

DucKWORTH, Chairman WEEKES, Vice-Chairman

Denton Hand Ennis Langford McKenzie

Moore Neisler Reagan West Williams

MoNDAY, JuNE 29, 1931.

249

GENERAL JUDICIARY NUMBER TWO

WATSON, Chairman
Bennett Brock Cheatham Clements Evans

Mc"\VHORTER, Vice-Chairman
Fowler Harris Nix Peterson Pruett

HALLS AND ROOMS

DEKLE, Chairman
Ennis Harris

STARK, Vice-Chairman l\1c'horter

HIGHWAYS AND PUBLIC ROADS

ENNIS, Chairman
Brock Clements Davis Denton Duckworth Courson Fowler Hand Harris Jackson Johnson Knabb Langford McWhorter

ALEXANDER, Vice-Chairman
:Moore Neisler Nix Peterson Pratt Pruett Richardson Smith Stark Strickland Tippins Wallace Watson

250

JouRNAL oF THE SENATE,

HYGIENE AND SANITATION

ALEXANDER, Chairman
Clements Davis Denton Duckworth Lazenby

JoNES, Vice-Chairman
Nix Pruett Puett Reagan Strickland

INSURANCE

WALLACE, Chairman

JONES, Vice-Chairman

Cheatham Dekle Evans

Neisler North Weekes

INTERNAL IMPROVEMENTS

MARTIN, Chairman

LAZENBY, Vice-Chairman

Alexander Horn

Strickland Whitehurst

PRATT, Chairman
Adkins Peterson

JOURNALS EvANS, Vice-Chairman Puett

MANUFACTURES

CHEATHAM, Chairman NORTH, Vice-Chairman

Alexander Ennis Hand

Langford Perkins Williams

MoNDAY, JuNE 29, 1931.

251

MILITARY AFFAIRS

PERKINS, Chairman
Brock Duckworth Ennis Fowler Neisler

HAND, Vice-Chairman
Reagan Richardson Strickland Tippins \Veekes

MINES AND MINING

DENTON, Chairman

PuETT, Vice-Chairman

Jones Pratt

Pruett

MUNICIPAL GOVERNMENT

JOHNSON, Chairman

RICHARDSON' Vice-Chairman

Brock Courson Dekle Ennis Evans Fowler Hand Jackson Jones

McWhorter Martin Moore North Perkins Reagan Strickland Williams

PENITENTIARY

PRUETT, Chairman

WATERs, Vice-Chairman

Adkins Alexander Brock Courson

Dekle Denton Duckworth Ennis

252

JouRNAL or THE SENATE,

Jackson Jones Knabb McWhorter Moore Nelson Nix

North Puett Smith Stark Tippins
West

PENSIONS

CLEMENTS, Chairman

BEcK, Vice-Chairman

Alexander Horn Johnson 1\iiartin

Puett Richardson Waters

PRIVILEGES AND ELECTIONS

EvANS, Chairman

WEST, Vice-Chairman

Courson Davis Dekle Duckworth Hand Harris Jackson lVlc W'horter

lVloore Perkins Peterson Pruett Stark Smith Wallace

PRIVILEGES OF THE FLOOR

JONES, Chairman

HoRN, Vice-Chairman

:Martin Nix

Whitehurst

MoNDAY, JuNE 29, 1931.

253

PUBLIC LIBRARY

McKENZIE, Chairman
Adkins Bennett Brock Cheatham Evans

NEISLER, Vice-Chairman
Moore North Perkins Pratt West

PUBLIC PRINTING

ADKINS, Chairman

PETERSON, Vice-Chairman

Denton Duckworth Johnson Knabb

Nix
'Vallace "\Vatson "\Vhi tehurst

PUBLIC PROPERTY

CouRsoN, Chairman

CHEATHAM, Vice-Chairman

Alexander Horn Johnson Jones Nix

North Smith 'Vaters Weekes.
Whitehurst

PUBLIC UTILITIES

FowLER, Chairman

JACKSON, Vice-Chairman

Alexander Bennett Brock Cheatham Denton

Ennis Harris Johnson Jones Knabb

254

JouRNAL oF THE SENATE,

McKenzie McWhorter Nelson Nix

Pruett Strickland West

THE PRESIDENT, Chairman
Bennett Cheatham Courson Dekle Duckworth Ennis Evans Hand Jackson Jones Langford

RULES
HARRIS, Vice-Chairman
McWhorter Moore Neisler Perkins Peterson Pruett Stark Wallace watson West

SCHOOL FOR THE DEAF

JOHNSON, Chairman

SMITH, Vice-Chairman

Denton Weekes

Whitehurst

SPECIAL JUDICIARY

REAGAN, Chairman

BRoCK, Vice-Chairman

Cheatham Clements Dekle Harris Jackson McKenzie McWhorter

Moore Pruett Richardson Stark Watson Weekes West

MoNDAY, JuNE 29, 1931.

255

STATE OF THE REPUBLIC

PETERSON, Chairman

ENNIS,. Vice-Chairman

Alexander Bennett Cheatham Clements Davis Duckworth Hand Harris Langford

:Moore Neisler Perkins Pratt Smith Strickland 'Vallace west
'Villiams

STATE SANITARIUM

Nrx, Chairman

'VATERS, Vice-Chairman

Alexander Bennett Dekle Denton Ennis Horn

Knabb :McKenzie :Martin Richardson Whitehurst Williams

TEMPERANCE

BEcK, Chairman

WATSON, Vice-Chairman

Cheatham Duckworth Horn Johnson

Lazenby
'Vaters 'Veekes 'Vest

TRAINING SCHOOLS

HoRN, Chairman

REAGAN, Vice-Chairman

Brock Davis Dekle Er.illis Fowler

Hand Jackson Nix Puett Weekes

256

JouRNAL OF THE SENATE,

TUBERCULOSIS SANITARIUM AT ALTO

DAVIS, Chairman
Horn Johnson Knabb Lazenby

SMITH, Vice-Chairman
Nix Strickland Whitehurst

UNIFORM LAWS

McKENZIE, Chairman
Bennett Cheatham Duckworth Harris

PETERSON, Vice-Chairman
l\:lcwhorter Nix 'Veekes 'Vest

UNIVERSITY OF GEORGIA AND ITS BRANCHES

WEST, Chairman
Adkins Alexander Beck Cheatham Davis Dekle Ennis Fowler Hand Harris Jackson Langford McKenzie McWhorter

WALLACE, Vice-Chairman
~foorf
Neisler Nix Peterson Pruett Puett Reagan Richardson Smith watson
'Veekes Whitehurst Williams

MoNDAY, JuNE 29, 1931.

257

WESTERN AND ATLANTIC RAILROAD

BROCK, Chairman
Adkins Beck Cheatham Courson Dekle Harris Johnson Jones Mc,Vhorter Martin Moore

DucKWORTH, Vice-Chairman
Nelson Pruett Puett Reagan Richardson Smith Stark Tippins waters
Whitehurst

Senator Harris of the 18th District moved that the President be authorized to make correction of any clerical errors that he might discover in the stenographic list of appointments of the standing committees. Adopted.

The following communication from the Georgia Training School for Girls was read and accepted:
The members of the General Assembly and their friends are cordially invited to the Commencement exercises of the Georgia Training School for Girls, Tuesday afternoon, 5 o'clock at the School.
GEORGE WHITE, Chairman of the Board.
A communication from the Atlanta Apartment House Owners Association, and others, proposing a resolution protesting against the present basis of taxation on real estate, was referred to the Committee on Finance.
Senator Fowler of the 39th District moved that the Senate adjourn until 10:00 o'clock, A.M., tomorrow morning. The motion was adopted, and the President announced that the Senate stood adjourned until that hour.

258

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,

TuESDAY, JuNE 30, 1931.

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.

The roll was called and the following Senators answered present:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson West Weekes Whitehurst Williams Mr. President

Senator Reagan of the 35th District asked leave of absence on account of serious illness in his family, and it was gran ted.

The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.

Senator McKenzie of the 48th District asked unanimous consent that the reading of the Journal be dispensed with. The consent was granted, and the Journal was confirmed.

TuESDAY, JuNE 30, 1931.

259

Under the head of Reconsideration, Senate Resolution No. 24, relative to the appointment of certain attachees for the Senate for the session of 1931, was taken up, notice of reconsideration having been given on yesterday by Senator Williams of the 27th District.
Senator Williams of the 27th District, rose to a point of order, making the point that Senate Resolution No. 24 is in the nature of an appropriation bill, and should have been referred to the Committee on Appropriations, and that a roll call on its passage was necessary.
The President ruled that under the General Appropriation Bill of 1929 that a certain sum was appropriated for the expenses of the Senate of 1931, and that it was within the province of the Senate itself to fix the items for which the appropriation should be spent.
Senator Williams of the 27th District asked unanimous consent that Senate Resolution No. 24 be reconsidered.
Senator Harris of the 18th District objected.
Senator Williams of the 27th District moved that Senate Resolution No. 24 be reconsidered.
The motion was lost.
Senator Harris of the 18th District asked unanimous consent that Senators having Bills and Resolutions to present, send them to the Secretary's desk. The consent was granted.
An invitation from the citizens of Athens, Georgia, to visit their City, extended to the General Assembly through the Chamber of Commerce of the City of Athens, was read.

The following joint resolution of the Senate was read and adopted:

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JouRNAL oF THE SENATE,

By Senator McWhorter of the 50th District-
Senate Resolution No. 2ti. A resolution authorizing the President of the Senate and the Speaker of the House, respectively, to appoint a committee of three from the Senate and six from the House to consider the advisability of accepting an invitation from the City of Athens to visit that City and its educational institutions.

The President appointed as a committee on the part of the Senate, the following:
Senators McWhorter of the 50th District, West of the 11th District, Harris of the 18th District.

The following joint resolution of the Senate was read and adopted:

By Senator Evans of the 19th District-
Senate Resolution No. 27. A resolution invltlng Governor Franklin D. Roosevelt of the State of New York to address the General Assembly in joint sessiOn.

The resolution IS as follows:

A RESOLUTION.
Inviting Governor Franklin D. Roosevelt of New York to address the General Assembly of Georgia in joint session.
Whereas, the Hon. Franklin D. Roosevelt, Governor of the State of New York, holds lofty place in the esteem and admiration of the people of Georgia as a disinterested and zealous patriot, an unsullied gentleman, and a~ incorruptible statesman, who has never swerved from the faithful performance of any duty assigned him. He has been tried and proven in the public service. He sheds lustre on his station.

TuESDAY, JuNE 30, 1931.

261

Whereas, his elevated political course has attracted the admiring attention of the Nation. He has impressed himself forcibly upon the minds and hearts of millions of his fellow-country-men, not only on account of his strong and vigorous mind and unfaltering patriotism, but because they have absolute faith in the integrity of his motives and in the rectitude of his purposes. With fearlessness, independence and conviction, he always rises in proportion to the grave responsibilities and important duties that press around him.
Whereas, we note with pleasure that this distinguished adopted son of Georgia has grown steadily into a national figure, and has a commanding influence in the Democratic councils of the Republic. In the elevated sphere of the Governorship of New York he has moved along the paths of honor and patriotism, progress and development, and has always regarded the rights, duties and dignity of his office as high and sacred trusts.
Therefore be it resolved,. by the General Assembly of the Empire State of the South, that Governor Franklin D. Roosevelt of the Empire State of the North is hereby cordially invited to address the Senate and House in joint session, during the present session of the Legislature, at such time as he may appoint.
Be it further resolved, that the Secretary of the Senate forward a copy of these resolutions to His Excellency, Governor Roosevelt.

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

By Senator Beck of the 37th District-
Senate Bill No. 19. A bill to provide means of repay-
ment to counties of sums spent on State Aid Roads, and for other purposes.
Referred to Committee on Highways and Public Roads.

262

JouRNAL oF THE SENATE,

By Senator Neisler of the 23rd District-
Senate Bill No. 20. A bill proposing an amendment to the Constitution of the State of Georgia to permit employment of County Agricultural and County Home Economics Extension Workers.
Referred to Committee on Amendments to the Constitution.

By Senator Stark of the 43rd District-
Senate Bill No. 21. A bill to be entitled an Act to amend an Act approved August 18, 1919, entitled "An Act to reorganize and reconstitute the State Highway Department of Georgia and to prescribe the duties and powers thereof, and for other purposes."
Referred to Committee on Highways and Public Roads.

By Senator Strickland of the 1st District-
Senate Bill No. 22. A bill to be entitled an Act to amend an Act approved August 26, 1925, being "An Act for the protection of birds, fish, game and fur-bearing animals," and for other purposes.
Referred to Committee on Game and Fish.

By Senator Duckworth of the 7th District-
Senate Bill No. 23. An Act to provide for the trial of all cases in the Superior Courts at the first term when no issuable defense is filed, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Adkins of the 9th District-
Senate Bill No. 24. A bill to create a new charter of the City of Edison in the County of Calhoun, and for other purposes.
Referred to Committee on Municipal Government.

TuESDAY, JuNE 30, 1931.

263

By Senator Beck of the 37th District-
Senate Bill No. 25. A bill to consolidate the offices of Tax Receiver and Tax Collector in the County of Carroll and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Brock of the 44th District-
Senate Bill No. 26. A bill to be entitled "An Act to fix the venue of all suits at law or in equity against the State Highway Department of Georgia: To repeal conflicting laws: and for other purposes."
Referred to Committee on Genera I Judiciary No. 2.

By Senators Bennett of the 5th District and Harris of the 18th District-
Senate Bill No. 27. A bill to be entitled an Act to amend the Georgia Workmen's Compensation Act by amending Sections 15, 2G, 27, 30, 43, 48 and 71 thereof.
Referred to Committee on Commerce and Labor.

By Senator McWhorter of the 50th District-
Senate Bill No. 28. A bill to amend an Act approved August 21, 1922, providing for a secret ballot, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator McWhorter of the 50th District-
Senate Bill No. 29. A bill to amend an Act approved August 15, 1921, relating to reorganization of the military forces, and to revise the military laws, and make of force a military code.
Referred to Committee on Military Affairs.

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Senator Harris of the 18th District, moved that the Senate adjourn until 11:00 o'clock tomorrow morning. The motion prevailed, and the President announced that the Senate stood adjourned until 11 :00 o'clock tomorrow mormng.

WEDNESDAY, JuLY 1, 1931.

26;)

SENATE CHAMBER, ATLANTA, GA.,
\VEDNESDAY, JuLY 1, 1931.
The Senate met, pursuant to adjournment, at 11:00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Williams of the 27th District asked unanimous consent that the calling of the roll be dispensed with. The consent was gran ted.
Senator Pratt of the 41st District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Senator Weekes of the 34th District asked unanimous consent that the reading of the Journal be dispensed with. The consent was granted, and the Journal was confirmed.
Senator Harris of the 18th District asked unanimous consent that Senators having bills and resolutions to introduce, send them to the Secretary's desk at this time. The consent was granted.
The following joint resolution of the Senate was read and adopted:
By Senators Neill of the 24th District, Harris of the 18th District, Weekes of the 34th District, McWhorter of the 50th District, and West of the 11th District-
Senate Resolution No. 28. A resolution inviting United States Senator Walter F. George to address the General Assembly of Georgia at his earliest convenience.
The following joint resolution of the Senate was read and .adopted:

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By Senators Langford of the 22nd District and McWhorter of the 50th District-
Senate Resolution No. 29. A resolution expressing to Mrs. Dosia Head Brooks of Forsyth, Georgia, the appreciation of the General Assembly of her distinguished services to the State and Nation.

The following privileged resolution was read and adopted:

By Senators Duckworth of the 7th District, Hand of the 8th District, Harris of the 18th District, and Fowler of the 39th District-
A resolution extending young W. L. Stribling, pugilist,
the best wishes of the Senate for success in his fight, Friday night, July 3, 1931.
Senator Johnson of the 42nd District called for a division of the Senate upon the vote on the above resolution. Upon calling for a division, the President announced that the ayes were 23, and the nays 1'1.

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

By Senators Watson of the 3rd District, Dekle of the 6th District, and Bennett of the 5th District
Senate Bill No. 29-A. A bill to be entitled an Act to amend the Georgia Securities Law, and for other purposes.
Referred to Committee on General Judiciary ~o. 2.

By Senator Puett of the 40th District-
Senate Bill No. 30. A bill to provide for placing the Treasurer of Towns County, Georgia, on a salary basis, to fix said salary, and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, JuLY 1, 1931.

2G7

By Senators Dekle of the Gth District and Moore of the 47th District-
Senate Bill No. 31. A bill to be entitled an Act to require and authorize tax collectors to accept State and County taxes accrued against part of taxpayers property ratably for its proportion of all taxes due by tax payer or owner, and to relieve such part from the lien of other taxes due by tax payer or owner, to keep a separate book of same, and to provide fees therefor.
Referred to Committee on General Judiciary No. 1.

By Senators McWhorter of the 50th District, Neisler of the 23rd District, and Stark of the 43rd District-
Senate Bill No. 32. A bill providing for a Constitutional Convention.
Referred to Committee on Amendments to the Constitution.

By Senator McWhorter of the 50th District-
Senate Bill No. 33. A bill to propose to the qualified voters of the State of Georgia an amendment to Paragraph 1, Section 2, of Article 7 of the Constitution of the State of Georgia so as to authorize the General Assembly to classify intangible property and forest lands devoted to timber growing for taxation, and to provide for the taxation of National and State Banks, and Building and Loan Associations, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senators Neill of the 24th District, West of the 11th District, McWhorter of the 50th District, Harris of the 18th District, Duckworth of the 7th District, Hand of the 8th District, Neisler of the 23rd District,

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JouRNAL or THE SENATE,

Cheatham of the 26th District, and Wallace of the 28th District-
Senate Bill No. 34. A bill to amend Article 5, Paragraph 1, Section 1 of the Constitution so as to provide for election of a Lieutenant Governor by the people.
Referred to Committee on Amendments to the Constitution.

By Senators Pratt of the 41st District, Knabb of the 4th District, Hand of the 8th District, and Courson of the 16th District-
Senate Bill No. 35. A bill to be entitled an Act repealing Section 23 of Act No. 427 approved August 28, 1925, to allow fishing with hook and line devices, prescribing a closed season, and for other purposes.
Referred to Committee on Game and Fish.

By Senator Reagan of the 35th District-
Senate Bill No. 36. A bill to be entitled an Act to amend Section 4775 (c) of Volume 4 of Park Civil Code of Georgia relative to the term of office of county judges, and for other purposes.
Referred to Committee on Special Judiciary.

By Senator Reagan of the 3;)th District-
Senate Bill No. 37. A bill to be entitled an Act to amend an Act approved September 18, 1883, and the Acts amendatory thereof, incorporating the Town of McDonough, so as to provide for registration of voters for all elections held in said Town, now City of McDonough.
Referred to Committee on Special Judiciary-

Senator West of the 11th District asked unanimous consent that Senate Resolution No.8 be withdrawn from the

WEDNESDAY, JuLY 1, 1931.

269

Committee on Amendments to the Constitution, read the second time, and recommitted. The consent was granted.

The secretary read the following notice of the time and place of meeting of committees:
Appropriations, Mondays 2:30 P. M. Senate.
Finance, Tuesdays 2:30 P. M. Senate.
Highways, Wednesdays 2:30 P. M. Senate.
Education, Thursdays 2:30 P. M. Senate. Penitentiary, Mondays 5:00 P. M. Senate. Constitutional, Tuesdays 9:00 A. M. Comptroller-
General.
University and Branches, Wednesday 9:00 A. M. Comptroller-General.

Senator Duckworth of the 7th 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 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. 2. To regulate the admission to the practice of law, etc.
Senate Bill No. 3. To regulate the practice of law, define same, etc.
Respectfully submitted,
DucKWORTH, Chairman.

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JouRNAL OF THE SENATE,

Senator Harris of the 18th District moved that the Senate take a recess subject to the call of the President. The motion was adopted.
The President called the Senate to order.

The following privileged resolutions were read and adopted:

By Senator Williams of the 27th District-
A resolution extending the privileges of the floor to Mrs. N. A. Pratt, wife of Senator Pratt of the 41st District, and to their sons, N. A. Pratt Jr. and Milton C. Pratt.

By Senator Reagan of the 35th District-
A resolution extending the privileges of the floor to the Hon. Jones H. Griffin during his stay in the City.

The following bills of the Senate, having been favorably reported by the committee, were read the second time:
By Senators Weekes of the 34th District, West of the 11th District, McWhorter of the 50th District, Harris of the 11th Disrict, and Duckworth of the 7th District-
Senate Bill No. 2. A bill to regulate admission to the practice of law in this State.
By Senators Weekes of the 34th District, West of the 11th District, McWhorter of the 50th District, Harris of the 18th District, and Duckworth of the 7th District-
Senate Bill No. 3. A bill to regulate the practice of law and performance of legal services, and for other purposes.

WEDNESDAY, JuLY 1, 1931.

271

Senator Harris of the 18th District moved that the Senate adjourn until 11:00 o'clock tomorrow mornmg.

The motion prevailed, and the President announced that the Senate stood adjourned until 11:00 o'clock tomorrow mornmg.

272

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, JuLY 2, 1931.
The Senate met, pursuant to adjournment, at 11 :00 o'clock, A. M., this day and was called to order by the President.
Prayer was offered by the Chaplain. Senator Williams of the 27th District asked unanimous consent that the calling of the roll be dispensed with. The consent was granted. Senator Pratt of the 41st District, 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 was dispensed with, and the Journal was confirmed. Senator Harris of the 18th District asked unanimous consent that Senators having bills and resolutions to introduce, send them to the Secretary's desk.
The following privileged resolutions were read and adopted:
By Senators Williams of the 27th District and Pratt of the 41st District-
A resolution extending the privileges of the floor to Reverend J. E. Russell of McDonough, Georgia.
By Senator Pratt of the 41st DistrictA resolution extending the privileges of the floor to
the Hon. Wade Allen, former Senator from the 41st District.

THuRsDAY, JuLY 2, 1931.

273

By Senators Dekle of the 6th District, Harris of the 18th District, Hand of the 8th District, and Neill of the 24th District~
A resolution extending the privileges of the floor to the Hon. H. Grady Rawls, former Senator and member of the House of Representatives.
By Senators \\'est of the 11th District and McWhorter of the 50th District~
A resolution expressing the deep regret of the Senate on the death yesterday of the Hon. J. R. Johnson of Griffin, Georgia, father-in-law of Senator Reagan of the 35th District.

The following bills were in traduced, read the first time, and referred to committees:

By Senator Knabb of the 4th District~
Senate Bill No. 38. A bill to be entitled an Act to amend an Act approved August 8, 1924; to create a State Board of Game and Fish, and for other purposes.
Referred to Committee on Game and Fish.

By Senator Knabb of the 4th District~
Senate Bill No. :19. A bill to be entitled an Act prescribing a license fee for trapping fur-bearing animals, and for other purposes.
Referred to Committee on Game and Fish.

By Senator Pruett of the 32nd District~
Senate Bill No. 40. A bill to amend Section 1482 (1) of the Penal Code providing for payment of pensions to certain widows of Confederate Soldiers.
Referred to Committee on Pensions.

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JouRNAL OF THE SENATE,

By Senators McWhorter of the 50th District, Jackson of the 14th District, and Jones of the 51st District-
Senate Bill No. 41. A bill to create a State Board of Examiners for contractors, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Pruett of the 32nd District-
Senate Bill No. 42. A bill to amend an Act approved August 24, 1925, known as "Fuel Distributors;" Occupation Tax, and for other purposes.
Referred to Committee on Finance.

By Senator Pruett of the 32nd District-
Senate Bill No. 43. A bill to regulate the distribution of the Acts of the General Assembly, and for other purposes.
Referred to Committee on Public Library.
Senator Reagan of the 35th 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 has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 5, being "An Act to repeal an Act fixing the salary of the Judge of the City Court of Cairo, Etc.," do pass.
Senate Bill No. 15, being "An Act to change the time of holding Muscogee Superior Court, Etc.," do pass.
Respectfully submitted, REAGAN, Chairman.

THURSDAY, Jt:LY 2, 1931.

275

Senator Neisler of the 23rd 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:

By Senator Strickland of the 1st DistrictSenate Bill No. 17. A bill to amend an Act to regulate
Banking in the State of Georgia, and for other purposes. Respectfully submitted, NEISLER, Chairman.

Senator Moore of the 47th 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 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 as amended:

By Senator Neill of the 24th District-
Senate Resolution No. 8. A resolution providing for change in date of inauguration of the Governor of the State.
Respectfully submitted,
MooRE, Chairman.

276

JouRNAL OF THE SENATE,

The following bills, favorably reported by the committees, were read the second time:

By Senator Duckworth of the 7th District-
Senate Bill No. 5. A bill to be en titled an Act to repeal an Act fixing the salary of the Judge of the City Court of Cairo, and for other purposes.

By Senator Neill of the 24th District-
Senate Bill No. 15. A bill to be entitled an Act to change the time of holding Muscogee Superior Court, and for other purposes.

By Senator Strickland of the 1st District-
Senate Bill No. 17. A bill to be entitled an Act to amend an Act to regulate Banking in the State of Georgia, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has adopted the following resolution, as amended, to-wit:
By Senator Evans of the 19th DistrictSenate Resolution No. 27. A resolution extending an
invitation to Governor Franklin D. Roosevelt of New York to address the General Assembly of Georgia, and for other purposes.

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

THURSDAY, JuLY 2, 1931.

277

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

By Senators Neill of the 24th District and Weekes of the 34th District-
Senate Resolution No. 12. A resolution inviting the Brotherhood of Locomotive Firemen and Enginemen to hold its next convention in Atlanta, Georgia, and for other purposes.

By Senators Neill of the 24th District, Harris of the 18th District, and others-
Senate Resolution No. 28. A resolution inviting United States Senator W'alter F. George to address the General Assembly, and for other purposes.

The President requested the Secretary to read Rule 111. After it had been read, the President instructed the Doorkeeper and Messenger to enforce the rule by clearing the floor of the Senate of all persons not en ti tied to the privileges thereof.

The following resolution of the Senate was read the third time and put upon its passage:
By Senators Neill of the 24th District and Weekes of the 34th District-
Senate Resolution No. 8. A resolution providing for change in date of inauguration of the Governor of the State.
Calling Senator Jackson, President Pro Tern., to the Chair, Senator Neill took the floor and moved that further consideration of the resolution be postponed until Tuesday morning immediately after the time for unanimous con-

278

JouRNAL oF THE SENATE,

sents, and that 300 copies of the resolution be printed. The motion prevailed.
The President resumed the Chair.

The following bill of the Senate was read the third time and put upon its passage:
By Senators Weekes of the :~4th District, West of the 11th District, l\Ic\Vhorter of the 50th District, Harris of the 18th District and Duckworth of the 7th District-
Senate Bill No. 2. A bill to regulate admission to the practice of law in this State.
Senator Johnson of the 42nd District asked unanimous consent that further consideration of Senate Bill No. 2 be postponed until Tuesday immediately after consideration of Senate Resolution No. 8, concerning the change of date of inauguration of the Governor of the State.
There was objection.
Senator Johnson of the 42nd District moved that further considerati~n of Senate Bill No. 2 be postponed until Tuesday immediately after consideration of Senate Resolution No. 8. Calling for a division, the President announced that there were 29 voting aye, and 9 nay, and that the motion of Senator Johnson prevailed.

The following bill of the Senate was read the third time and put upon its passage:
By Senators Weekes of the 34th District, West of the 11th District, :McWhorter of the 50th District, Harris of the 18th District and Duckworth of the 7th District-
Senate Bill No. 3. A bill to regulate the practice of law, and performance of legal services and for other purposes.

THURSDAY, JULY 2, 1931.

279

Senator Johnson asked unanimous consent that further consideration of Senate Bill No. 3 be postponed until Tuesday morning following consideration of Senate Bill No.2.
The consent was granted.
A budget message from His Excellency, the Governor, was announced by his Secretary, Mr. Leeman Anderson.
Senator McWhorter of the 50th District asked unanimous consent that the message be read, and the consent was granted, and the message was read.
Upon motion of Mr. Dekle of the 6th District, the message was referred to the Committee on Appropriations.

To THE MEMBERs oF THE GI:.NERAL AssEMBLY:
At the Extraordinary Session of the General Ass~mbly, held this spring, an Act was passed providing for the creation of a Budget Bureau, (Georgia Laws, Extraordinary Session, 1931, page 94), which Act repealed the Acts of 1918 creating an Examining Commission and the Act of 1922, creating a State Investigating and Budget Commission. Under the provisions of the exisiting law, the Governor is charged with the duty of collating all necessary information for the appropriations of the Budget, and is required to submit to the General Assembly, within seven days after it convenes, printed copies of the Budget for the next two ensuing fiscal years and also printed copies of a Budget Message, calling attention to any important facts of the Budget and also "printed copies of a tentative bill for all appropriations under the Budget, collated and properly classified for the fiscal year."
Inasmuch as I was not inducted into office until the fourth day after the convening of the General Assembly and had had no opportunity to officially prepare the Budget and had no authority in the premises, save in a purely advisory capacity, I had thought that this work would have been

280

JouRNAL oF THE SENATE,

done by my predecessor. However, I find that he construed the law as having placed upon me the duty of reviewing the estimates from the various Departments, Institutions and Boards of the State, and preparing the Budget. I hand you, herewith, a communication from my predecessor on this subject which was submitted me by the State Auditor.
It is manifestly impossible to have the Budget printed
and submitted to each House of the General Assembly, with the explanations required and with copiesoftheprinted bills, within the two day period I have had. The Budget requests have been sent to the printer, as directed by the provisions of the Act, and will be submitted to both Bodies of the Assembly as early as possible.
It has also been manifestly impossible for me to have prepared and printed a bill providing for the expenditure of all of the State's income within the time allowed. The State Auditor had prepared a General Appropriation Bill, in accordance with the terms of the Act, and, with his valuable assistance, a General Appropriation Bill for the fiscal years 1932 and 1933 has been prepared and is submitted to the Speaker of the House of Representatives, herewith, as is required by law. While the Auditor and myself have devoted our best effort to this bill, in view of the limited time allowed for the preparation of this finance sheet, only one virtue can be claimed with certainty for it. It appropriates some funds to every existing Department now allowed funds by law, and the total amount appropriated does not exceed the assured revenue of the State for 1932-1933.
The estimated income of the General Fund of the State Treasury subject to appropriation for each of the years 1932 and 1933 is $10,728,000. Sections 12, 18, 23 and 44 of the Budget Bill submitted will transfer an estimated amount of $270,000.00 for each of the years 1932 and 1933 from the Special Allocated funds of the Treasury to the General Fund to replace amounts appropriated in the

THuRsDAY, JuLY 2, 1931.

281

Budget Bill, making a total estimated amount available to pay appropriations for each of the years 1932 and 1933, $10,998,000.00.
The total amount appropriated in the proposed Budget Bill for the year 1932 is $10,996,909.14 and for the year 1933 is $10,997,,109.14.
The amounts allowed the various Departments and Institutions in most cases are materially less than was requested. This was natural when we consider that the Budget requests totalled almost three million ($3,000,000) dollars more than the assured revenue of the State. The bill which is submitted herewith will provide some support for all of our lnsti tu tions, and in most cases represents as much money as has been actually received by all of them in payments on the excessive appropriations made in the past.
You will observe from the terms of the Appropriation Bill that a lump sum appropriation is made for the support of every Department, where possible, under existing laws, and that the practice of permitting Departments to be supported from the collection of special taxes and fees has been largely abandoned. By way of illustration, under the provisions of Section 2 of the Bill, three hundred sixtyfive thousand ($365,000) dollars yearly is appropriated for the maintenance of all of the activities of the Department of Agriculture. Heretofore, certain branches of this Department, such as the Bureau of Markets, have been supported by special taxes on fertilizer, etc. Under the provisions of this Bill, these funds will go in to the State Treasury. The amount allowed this Department represents a reduction of approximately sixty thousand ($60,000) dollars over the total expenditures of this Department for the year 1930. Under Section 12, a lump sum appropriation of one hundred twenty thousand ($120,000) dollars per annum is made for the maintenance and support of the Office of the Comptroller-General, and all special taxes and fees, which have been devoted to

282

JOURNAL OF THE SENATE,

supporting various activities of this Department, will go into the General Treasury. The lump sum appropriated is considerably less than the total cost of this Department in 1930. Under Section 44, a lump sum appropriation of one hundred seventy-five thousand ($173,000) dollars per annum is made to the Secretary of State to defray all of the expenses incurred in the various works of this Department and the five percentum of the sums collected in motor vehicle license fees, which has heretofore been allowed this office for expenditure, goes to the State Treasury. This amounts to a reduction in the total expenses of this Department over 1930. A similar practice is followed in Section Hi, the appropriation to support the Office of Tax Commissioner. Eighty-five thousand five hundred ($83,JOO) dollars per year is allowed for the total cost of this office and the Tax Commissioner is no longer permitted to expend any portions of the sums collected by his office for maintenance, as has been heretofore permitted. It is estimated by the State Auditor that the reductions in appropriations to the various Departments, while slightly varying in amounts, is approximately fifteen percent when compared with appropriations for 1930.

Under the provisions of Section 15, the total appropriation to the Common Schools is four million four hundred twenty-one thousand ($4,421,000) dollars as against five million ($5,000,000) dollars for the years 1930-1931. No one regrets more deeply than I the necessity for reducing the appropriations for the Common Schools of this State and I would be glad if the General Assembly will find a way to obviate the necessity for any reduction in the appropriation for this purpose. However, of the amount appropriated, every cent can be paid, and the total represents a sum equal to that actually paid the Common Schools during the years when their appropriation was larger. Instead of amounting to a reduction in appropriation it really means that we are making a promise to the Schools that can be fulfilled and carried out and that we are not

THURSDAY, }eLY 2, 19:31.
extending them the vain hope of a larger maintenance than can actually be paid out of existing revenue. This will not decrease the Equalization Fund for the rural schools of the State, as the Equalization Fund of approximately two and a half million dollars does not suffer any cut, and this sum is in addition to this general appropriation above referred to.
Under the increased revenue provided by the cigarette and cigar tax, passed at the Extraordinary Session of 19:31, the State should be able to meet its promises to the Confederate pensioners promptly, and in full, provided no legislation is enacted which will increase materially the number of the pension roll.
Under Division D, it will be observed that it has been necessary to make some rather drastic reductions in the appropriations to the various branches of the University system. This is most unfortunate and, if ways and means can be found to provide sufficient revenue to obviate the necessity for these reductions, I will gladly approve them. It is very difficult to reach a fair basis for the reduction in the appropriation for the various Branches of the University system. With the limited information before us, and recognizing the absolute necessity of bringing appropriations within revenue, the appropriations to the Institutions of Higher Learning were reduced a flat fifteen percent, as compared with the amounts appropriated for the years 1930 and 1931. The appropriations for the seven District A. & M. Schools, which have not been converted into Junior Colleges, were reduced to the amount fixed by law and which was allowed them prior to 1928, to-wit: fifteen thousand ($15,000) dollars for each of these Institutions. In view of the great variation in the number of pupils attending these various schools, this will, undoubtedly, work a hardship in numerous cases and I suggest to your consideration the advisability of working out a fairer method of appropriation to them.

284

JOURNAL OF THE SENATE,

I would again impress upon you the fact that this bill was hurriedly prepared and while it represents the best information and opinion at my command, it may work a hardship in certain instances by reason of making too great a reduction in some appropriations and not enough in others.
It is strictly within the province of the General Assembly to change the amount allowed in any item of this bill, keeping in mind at all times that we cannot in safety appropriate more than the total amount carried in this bill without adding to the already staggering deficit which now plagues us.
Immediately upon receipt of the printed copies of the Budget they will be supplied to the members of your body.
You will note in particular two certain appropriations made for the last half of the fiscal year 1931. Section 1 provides for an appropriation of twenty thousand ($20,000) dollars to be expended for the printing expenses of the various constitutional offices of the State. Any portion of this fund not expended reverts to the General Treasury.
Section 2 is an appropriation of four thousand ($4,000) dollars for reduction of tuberculosis in domestic animals. I am informed by the State Auditor that this amount is necessary to carry on this work for the last five months of 1931 to prevent a lapse between the exhaustion of the present appropriation for this purpose and the time the appropriation for 1932 becomes effective.
Section 3. An appropriation for the upkeep of Public Buildings and Grounds in the sum of twenty thousand ($20,000) dollars-represents a real emergency. The General Assembly appropriated sixty-five thousand ($65,000) dollars for this purpose for the year 19:=n, and upon assuming office, I found that my predecessor had expended all of this appropriation except the sum of seven thousand six hundred ninety-four ($7,69,1.15) dollars and

THURSDAY, JuLY 2, 1931.

285

fifteen cents. I do not know for what purpose this money has been expended but, under ordinary circumstances the sum of approximately thirty-three thousand ($33,000) dollars of this appropriation should have been left in the Treasury for the upkeep of Public Buildings and Grounds for the remainder of this year. Under no circumstances can this work be done on the small amount left available at my disposal and the amount that I am asking at your hands for this purpose represents a reduction of almost twenty percent (20%) in the amount which would have ordinarily been available for this purpose and twentynine thousand six hundred eleven (S29,611.70) dollars and seventy cents less than my predecessor expended for the same purpose for the first six months of the current year.
Respectfully submitted,
RICHARD B. RussELL, JR.,
Governor.

The Secretary read the following House amendment to Senate Resolution No. 27:
Amends Senate Resolution No. 27 by adding after the word "of" in line one the word "Georgia" and after the word "of" in line two the words "New York."
The amendment was agreed to.
Senator McWhorter of the ;)Oth District moved that the Senate adjourn until 11:00 o'clock tomorrow morning, and the motion prevailed.
The President informed the Senate that it had been cordially invited by the Speaker of the House, the Hon. Arlie D. Tucker, to attend a barbecue at Nashville, Georgia on July 4th.
Leave of absence was granted for a few days to the following:
Senators Clements of the 45th District, Knabb of the 4th District.

286

JouRNAL OF THE SENATE,

Leave of absence for Friday was granted the following:
Senators Martin of the 2nd District, Bennett of the :.ith District, Johnson of the 42nd District, Wallace of the 28th District, Neisler of the 23rd District, Tippins of the 49th District, McWhorter of the :.iOth District, Dekle of the 6th District, Strickland of the 1st District, Williams of the 27th District.

The President announced that the Senate stood adjourned until 11:00 o'clock tomorrow morning.

FRIDAY, JuLY 3, 1931.

287

SENATE CHAMBER, ATLANTA, GA.,
FRlDAY, JULY 3, 1931.
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 calling of the roll was dispensed with.
Senator Pratt of the 41st District, 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 was dispensed with, and the Journal was confirmed.
Senator Harris of the 18th District asked unanimous consent that Senators having bills and resolutions to introduce, send them to the Secretary's desk.
The following resolution of the Senate was introduced and read:
By Senators \Villiams of the 27th District, Perkins of the 17th District, and Evans of the 19th District-
Senate Resolution No. :30.
Whereas, the House of Representatives at its extraordinary session appointed a committee to investigate and offer reorganization of the State Government and
Whereas, this committee has devoted all its time to the Executive Branch of the Government,
Therefore be it resolved, that the President of the Senate
appoint a committee of three to investigate the Judicial

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JouRNAL oF THE SENATE,

and Legislative Branches of the Government and make report to this body in twenty days.
The President directed the resolution to lay on the Table for one day.
Senator Williams of the 27th District asked unanimous consent that the resolution be taken up for immediate consideration.
Senator Harris of the 18th District objected.
The President requested the Secretary to read Rule 125. The President stated that as the resolution was in the nature of a semi-privileged resolution, it might be taken up at the next session by any senator.
Senator Harris of the 18th District moved that the resolution be referred to the Committee on the State of the Republic. The motion prevailed.
The following privileged resolution was read and adopted~

By Senator Watson of the 3rd District-
A resolution extending the privileges of the floor to the
Hon. J. B. Moore of Baxley, Georgia, former Senator
from the 3rd District, during his stay in the City.
The following bill of the Senate was introduced, read the first time, and referred to a committee:

By Senators Moore of the 47th District and Harris of the 18th District-
Senate Bill No. 44. A bill to amend Section 4642 of Park's Code of Georgia.
Referred to Committee on General Judiciary No. 2.

The following resolution of the Senate was introduced, read the first time, and referred to the Committee on Public Property, with instructions to report back to the Senate:

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289

By Senators Neill of the 24th District and Harris of the 18th District-
Senate Resolution No. 31. A resolution instructing the Committee on Public Property to investigate the fans installed in the Senate Chamber as to whether they are satisfactory and should be paid for by an appropriation bill, and the a!llount to be appropriated therefor.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the Senate, to-wit:
By Senators Langford of the 22nd District and McWhorter of the 50th District-
Senate Resolution No. 29. A resolution extending appreciation to Mrs. Dosia Head Brooks of Forsyth, Monroe County, Georgia, and declaring her to be a distinguished citizen of Georgia, and for other purposes.
Senator Hand of the 8th 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 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. 13. A bill to Amend Section 2112 of Civil Code, so as to permit the use of peanut meal feed, and for other purposes.

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Senate Resolution No. 20. Giving assent of the State of Georgia to an Act of the United States providing for the further development of Co-operative Agricultural Extension Work.
Respectfully submitted,
HA::-<D, Chairman.

Senator Jackson of the 14th 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 Bill No. 4, to abolish office of Tax Collector and Receiver of Grady County and create Tax Commissioner.
Senq.te Bill No. 30, as amended, placing Treasurer of Towns County on salary basis, etc.
Respectfully submitted,
JACKSON, Chairman.

The following resolution of the Senate, favorably reported by the committee, was read the second time:

By Senator McWhorter of the 50th District-
Senate Resolution No. 20. A resolution giving assent of the State of Georgia to an Act of Congress of the United States providing for further development of Co-operative Agricultural Extension Work.

The following bills of the Senate, favorably reported by committees, were read the second time:

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291

By Senator Duckworth of the 7th District-
Senate Bill No. '1. A bill to abolish the office of Tax Collector and Tax Receiver in Grady County, and for other purposes.

By Senator Hand of the 8th District-
Senate Bill No. 13. A bill to amend Section 2112 of the Civil Code of 1910 so as to permit the use of peanut meal feed, and for other purposes.

By Senator Puett of the 40th District-
Senate Bill No. 30. A bill to provide for placing the Treasurer of Towns County on a salary basis, and for other purposes, as amended.

The following bill, favorably reported by the committee, was read the third time and put upon its passage:

By Senator Duckworth of the 7th District-

Senate Bill No. ;). A bill to repeal an Act fixing the salary of the Judge of the City Court of Cairo, and for other purposes.

Senator Duckworth of the 7th District called for the ayes and nays, and the call was sustained.

The roll was called, 30 voting aye and none nay. The vote was as follows:

Those voting In the affirmative were Senators:

Adkins Alexander Beck Brock Denton Duckworth Ennis Evans

Harris Jackson Jones Langford Lazenby McKenzie Moore Nelson

Nix North Perkins Pratt Pruett Puett Richardson Smith

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Stark Waters

Watson Weekes

Whitehurst Williams

The bill having received the requisite constitutional majority was passed.

Senator Williams of the 27th District moved that the Senate adjourn until 11:00 o'clock, A. M., Monday. By unanimous consent, the motion was withdrawn.

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

By Senator Neill of the 24th District-
Senate Bill No. 15. A bill to change the time of holding Muscogee Superior Court, 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 33, the nays none.
The bill having received the requisite constitutional majority was passed.

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

By Senator Strickland of the 1st DistrictSenate Bill No. 17. A bill to amend an Act to regulate
Banking in the State of Georgia, and for other purposes.
Senator Evans of the 19th District asked un<:>nimous consent that the consideration of the bill be postponed until Monday, July 6th. inst., and that 300 copies be printed. The consent was granted.
Senator Duckworth of the 7th District asked unanimous consent that Senate Bill No. 5 be immediately transmitted to the House. The consent was granted.

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293

The following resolution was read and adopted:

By Senator Evans of the 19th District-
A resolution instructing the President of the Senate to send a telegram to the Hon. Hamilton McWhorter of the 50th District, expressing the sympathy of the Senate in the illness of his son.
Senator Harris of the 18th District moved that the Sen;:~te adjourn until 11:00 o'clock Monday morning. The motion prevailed.
The President announced that Senate Bill No. 17 would be taken up first thing under Unfinished Business Monday.
The President announced that the list of Standing Committees will be ready Monday.
The President announced that the Senate stood adjourned untill1:00 o'clock Monday morning.

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SENATE CHAMBER, ATLANTA, GA.,
~loNDAY, JuLY G, 1931.

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

Prayer was offered by the Chaplain.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of last Friday's proceedings had been examined and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

Senator Harris of the 18th District asked unanimous consent that the following motion be adopted:

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295

That during the first part of the period of Unanimous Consents of this day's session the following shall be observed as the order of business:
1. Reports of Select Committees.
2. In troductiJn of new matter under the Rules.
3. Reports of Standing Committees.
4. Second reading of House and Senate bills favorably reported.
5. Third reading and passage of local uncontested Senate bills.
The consent was granted.

Senator Peterson of the 15th District, on the part of the committee appointed at the extraordinary session of the General Assembly to examine into the various departments, boards, bureaus and institutions of the State, submitted a printed report of the findings of the committee, as follows:

Atlanta, Ga., July 1, 1931.

To THE GENERAL AssEMBLY oF THE STATE oF GEORGIA:
The committee appointed under a resolution adopted by the House of Representatives at the extraordinary session of the General Assembly of Georgia convened in January, 1931, for the purpose of examining into the personnel, expenses and other administrative features of the various departments, boards, bureaus, and institutions of the State of Georgia and reporting its findings and recommendations to the regular session of the General Assembly of Georgia convened on the fourth \Vednesday in June, 1931, respectfully submits its report, as follows:
The committee, after having organized, adopted a policy of holding open conferences with the various officials and

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private citizens of the State of Georgia, and the hearings have, in every instance, been of a public nature. Those attending have been permitted to use and disseminate the information gained in such manner as they desired. An opportunity has been given every public official and private citizen to appear before the committee. The majority of the heads of the departments, boards, bureaus, insti tutions and commissions, and numerous private citizens have taken advantage of this opportunity.
The various State officials attending the committee conferences have extended it every courtesy and furnished information promptly as desired. There has prevailed a spirit of mutu'al desire to secure for the people the greatest possible benefits from their government.
The committee has, of necessity, been compelled to limit the scope of its conferences and investigations. The major portion of its work has been confined to the Executive Department of the State Government. Numerous charges against various departments and officials have been made to the committee by citizens of the State. There have also been numerous suggestions regarding changes leading to economy and simplicity in government. In each instance the committee has investigated the charges as fully as was practicable. The information given has been considered by the committee and filed with its records. The records of the committee are in the hands of its chairman and open to inspection.
The committee has attempted to proceed with its work in a strictly impartial and constructive manner, and its findings and recommendations are reported, as nearly as possible, without prejudices or selfish interest.
The committee has prepared and attached to its report legislative measures which embody its recommendations. The committee realizes that with the submission of its findings and recommendations it ceases to function, and that the preparation of such legislation by this committee

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297

is possibly beyond its jurisdiction. It is, therefore, respectfully urged that such legislative matter as is hereto attached is presented by the committee in an honest effort to serve as best it can according to the spirit of the resolution whereby it functions and not with a view of directing the activities of the General Assembly, or any member thereof, in its sovereign rights.
The committee expresses its appreciation for the valuable aid given it by the State Auditor. He has furnished a complete list of the personnel of every unit of the government, their salaries and expenses, and a complete list of State-owned motor vehicles. This is the first such list ever made public in this State and is filed as a part of the committee report.

LEGISLATIVE DEPARTMENT
The committee investigated reported irregularities in the "Motor Carrier Act of 1931." Upon comparing the original enrolled copy of the measure and the amendments thereto with the original engrossed copy, irregularities were found which materially changed the meaning of the measure as passed by the General Assembly. This fact was officially reported by the committee to those whose duty it is, under the law, to handle such matters-the Governor, the Attorney-General and the Solicitor-General of Fulton Superior Court.
No further investigation was made into the Legislative Department of the State.

JUDICIAL DEPARTMENT
Information was filed with the committee showing the number of Judicial Circuits in Georgia, the population of each circuit, and salaries of judges. This information was filed with the records.

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No investigation was made into the Judicial Department of the State.

EXECUTIVE DEPARTMENT
FINDINGS
The committee, in addition to having conferred with public officials and private citizens, has made a study of the administrative laws of the Executive Department of the State government.
It is found that there are approximately 100 units in
the Executive Department. These units are administered as follows:
1. A single official chosen by popular vote. Such officials are directly respon.sible to the people.
2. A commission of three or more officials chosen by popular vote. Such commissions are so organized that the people are not permitted to select the entire membership during any one election. ::-.Jeither the Chief Executive nor the people have direct control over the activities of such officials, and cannot effectively place responsibility for their conduct.
3. A board or commission composed of heads of several departments. Neither the Chief Executive nor any other one member of such board or commission has control of its activities or can be held responsible for its conduct.
4. A single official appointed by the Governor. In practically every such instance the term of office extends beyond that of the Chief Executive, and in no instance is the office held at the pleasure of the Governor. Neither the Chief Executive nor the people have direct or complete control over the activities of such officials.
5. A single official chosen by a board, or the board itself, that is appointed by the Governor. Such boards are so organized that no Chief Executive during his cur-

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299

rent term of office has power to appoint a majority of its members. Such officials are not responsible to the people, and the Chief Executive has no control over their activities.

The committee find~ the Chief Executive of the State of Georgia practically devoid of control over the Executive Department. There is an unorganized mass of administrative machinery in the department, functioning without centralized authority or proper responsibility of leadership.
Under such conditions it is evident that the people do not have an effective voice in the affairs of their government and can not hold their public officials responsible for the conduct of their respective offices.
Experience has proven that among the natural and inevitable results of such a system are inefficiency and extravagance in public affairs, public distrust in and disrespect for the government and public officials, and a loss to the average citizen of the intended benefits of government.
RECOMMENDATIO~S
It is recommended that the practice of indirect administration through boards, bureaus, and commissions, with a lack of proper responsibility of leadership be discontinued, and that the administrative machinery of the Executive Department be coordinated as nearly as practicable under officials selected by popular vote, and directly responsible to the people, with chief administrative power and responsibility placed in the chief executive officer, the Governor of Georgia.
The committee recommends that the Executive Department of the State government of Georgia be organized as follows:

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CHIEF EXECUTIVE GOVERNOR ELECTIVE (Constitutional)

OFFICIALS APPOINTED BY THE GOVERNOR:
Highway Board-Three members. One term expiring every two years.
Department of Audits-One member holding for four years.
Veterans' Service Office-One member, holding concurrent with Governor.
Department of Health-One member, holding concurrent with Governor.
Department of Natural Resources-One member, holding concurrent with Governor.
Board of Control for Eleemosynary Institutions-Twelve members, consisting of Governor, one member holding at pleasure of and concurrent with Governor, and one member from each Congressional District, five of these terms expiring every two years.
Board of Regents-Twelve members, consisting of Governor, one member holding at pleasure of and concurrent with Governor, and one member from each Congressional District, five of these terms expiring every two years.
TAXATION ........... ComptrollerGeneral ........ Elective (Constitutional)
TREASURY .......... State Treasurer ... Elective (Constitutional)
SECRETARY OF STATE .................. Elective (Constitutional)
LEGAL DEPARTMENT . Attorney-General. .Elective (Constitutional)

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301

EDUCATIONAL ........ State School Commissioner... Elective (Constitutional)
AGRICULTURE ........ Commissioner..... Elective (Statutory)
PRISONs ............ Three Commissioners ......... Elective (Statutory)
UTILITIES ........... Three Commissioners ......... Elective (Statutory)
lNDGSTRJAL RELATIONS-Three Commissioners-One elective, two appointed (Statutory).

STATE HIGHWAY DEPARTMENT
FINDINGS
This department is controlled by a State Highway Board composed of three members appointed by the Governor and holding office for a term of six years, one member from each of three geographical divisions of the State.
This department has more funds than all the other departments of the State combined and there has been much criticism of the activities of the board. The powers of this board are broad and it is suggested that they be more closely defined through proper legislation. It is the duty of this board to build and maintain the State highway system. It is suggested that this department be given supervision of all public building programs of the State. This department, as well as others, has a custom of drawing its funds from the State Treasury before they are actually needed. It is suggested that this is a dangerous practice.

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There have been numerous complaints regarding this department from citizens of the State. Among these complaints being, that salaries in this department range much too high, especially among higher officials; that there are too many automobiles owned and operated by the department and that cars of a higher price than is economical or necessary are, in many instances, used; that expense accounts are, in many instances, unreasonably high; that there is excessive personnel, especially in the maintenance department; that maintenance practices are, in many instances, unnecessary and extravagant; that there is unnecessary overhead personnel; and numerous other complaints of a similar nature.
Numerous plans for a reorganization of the administrative head of this department have been advanced. They range from a single official elected by the people to a commission of ten, one from each Congressional District appointed by the Governor. There also prevails a strong sentiment for the organization of the board remaining as at present with a sweeping revision of the laws governing its activities.
RECOMMENDATIONS
The committee recommends that the Highway Board discharge all unnecessary employes, regulate salaries on a scale in keeping with the general economic conditions, dispose of all unnecessary automobiles, discontinue the practice of purchasing expensive automobiles with heavy upkeep, dispense with the services of personal chauffeurs supported by State funds, curb expense accounts, and give such intelligent and business administration to the affairs of the department as to secure for the people of Georgia the greatest possible value for the funds expended.
The committee recommends that the salaries of head officials in this department be fixed by law, that the office of special attorney for the Highway Department be abolished, and that such attorney as is assigned to attend

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303

to the legal work of this department by the office of the Attorney-General be permitted to act as secretary for this department.

DEPARTMENT OF AUDITS AND ACCOUNTS
FINDJNGS
The head of this department is known as the "State Auditor" and is appointed by the Governor and confirmed by the Senate. His term of office is four years. It is his duty to audit all State departments, and institutions, except those accounts now audited by State school auditors; to devise and establish forms and records for collecting and paying out all funds and revenues; to examine all financial transactions of all departments, institutions, agencies, commissions, bureaus and officers; to prepare annual reports on the management of each department and other reports as requested by the General Assembly and to make special examination of agencies having possession or custody of State funds.
There has been much criticism by private citizens of purchases made by departments and institutions of the State and it has been suggested that large sums of money can be saved the State by having under this department a special supervisor of purchases appointed by the Governor whose duty it shall be to supervise all purchases, make such special investigation into purchases as directed by the Governor, and perform other similar duties.
It has been suggested that the State Auditor be required to furnish annually to the members of the General Assembly and the Governor a complete report showing the entire personnel of the State government and every unit of the government, said report showing name, address, duties, salary and expenses of each such official and employe, and number, make and capacity of all motor vehicles owned and operated by the State. Said information to

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be arranged according to units and to show the appropriation for such unit.

It is suggested that the State Auditor be required to

install proper records for transaction of the affairs of each

department or unit in order that all bookkeeping be run

in a uniform and efficient manner.

.

Public Printing-(Commissioners of Public Printing):
The Commissioners of Public Printing are Secretary of State, Comptroller-General and Treasurer.
The Superintendent of Public Printing is appointed by the Governor for a term of four years and must have had five years experience as a practical printer. He is executive member of the Commission of Public Printing.
It is the duty of this department to let con tracts for printing the acts and journals of the House and Senate and reports of all departments and such other printing as may be required by law.
There has been a great deal of criticism of this department from officials and private citizens.

State School Auditor:
This official is appointed by the State Superintendent of Schools, with the advice and approval of the State Board of Education. His term is indefinite. There is also provided an assistant to the State School Auditor with an
indefinite term. It is the duty of this official to audit and
check the book accounts of the County Superintendents and Treasurers of local school systems.
It has been suggested that an audit of the affairs of this department by an official not under direct supervision of the department would more nearly safeguard the State's interest and insure a more efficient check upon its activi-
ties. It appears that this work should be under direct
supervision of the State Auditor.

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305

REC0:\1MENDATIONS
The committee recommends:
That the State Auditor be required to install a uniform system of records in every department and unit of the executive branch of the State and that such departments and units be required to use such system.
That the Governor appoint a supervisor of purchases, who shall hold office at the pleasure of the Governor and who shall be under the Department of Audits and Accounts. He shall perform the duties of the Commission of Public Printing and the Superintendent of Public Printing. He shall also have authority to investigate or supervise at the request of the Governor all purchases of every department.
That the State Auditor be required to publish annually by July 1st of each year, a report showing the entire personnel of every department or unit of the State Government, their names, addresses, duties, salaries and expenses, the number, make, capacity and model of all motor vehicles owned or operated by the State, and the appropriation to each department for the current year of such report, this information to be arranged according to departments or units.
That the commission of Public Printing and Superintendent of Public Printing be abolished.
That the State Auditor be required to make a complete audit of all accounts of every nature in every department or unit of the executive branch of the State Government including athletics and special farm accounts.
That the office of State School Auditor and Assistant State School Auditor be abolished and the duties and functions of the office be placed in the State Auditor.

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VETERANS' SERVICE OFFICE
FINDINGS
Commissioner of Pensions: The State Commissioner of Pensions is elected by popular
vote under a statutory provision and holds office for a term of two years. His chief duty is to disperse the pension funds of the State and keep a record of State Confederate Veterans and those qualified to receive State pensions.
Veterans' Service Bureau: The head of this department is known as Director and
is appointed by the Governor for a term of two years and must be an ex-service man. The law provides that his office shall be in the office of the State Pension Commissioner. It is his duty to disseminate information regarding federal legislation on compensation and other matters relating to ex-service men and women.
Georgia Soldier Roster Commission-(Roster of Soldiers and Sailors in the War Between the States):
This commission is composed of Adjutant-General of the State, Commissioner of Pensions, General C. A. Evans, General John B. Gordon, and the Governor of Georgia. Its duty is to make a roster of the Georgia soldiers, sailors, and marines who served in the \Var between the States from 1861 to 1865, and to declare the force and effect of such roster when made.

It has been suggested, and appears very reasonable, that the work of these three departments can easily be merged into one office with the head of the department appointed by the Governor.

RECOMMENDATIONS
The committee recommends: That a Veterans' Service Office be created.

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307

That the Director be appointed by the Governor for a term concurrent with that of the Governor.
That the office of Commissioner of Pensions be abolished and the duties and functions of this office be placed in the Director of Veterans' Service Office.
That the present Commissioner of Pensions be designated as the Director of the Veterans' Service Office for the first term.
That the Veterans' Service Bureau be abolished and the duties and tunctions of this office be placed in the Director of the Veterans' Service Office.
That Georgia Soldier Roster Commission be abolished and the duties and functions of this office be placed in the Director of the Veterans' Service Office.
That the present Director of the present Service Bureau and Secretary of the present Soldiers Roster Commission be employed under the first Director of the Veterans' Service Office in performing the duties of the office.

HEALTH DEPARTMENT
FnmiNcs
The State Board of Health is composed of Secretary of State, Superintendent of Schools, State Veterinarian, and twelve other citizens appointed by the Governor, one from each congressional district, the majority of whom must be doctors. The term of office is six years. It is found that the terms of office of the members of the board are so arranged that no one Governor has power to appoint more than a minority of the membership (the terms of only four members expiring during each administration). Under such plan the head of the department is not directly responsible to the people or to any public official who is accountable to the people. This board has charge of all

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matters relating to the supervision of the life and health of the people of the State.
It is suggested that the duties of this board are of such vital interest to every citizen of the State that the head of this department should be directly responsible to the people.
There has been criticism of some practices of the board. Among them being the establishment of a publicity department in this department with facilities for printing and distributing such matter as it desires; the purchasing of farms for institutions under its supervision with funds appropriated for maintenance and without special authority from the Legislature; and other matters of a similar nature which indicate unnecessary expenditures and possible extravagance.
This department has control of the Training School for Mental Defectives and the State Tuberculosis Sanatorium. (The committee has reGommended elsewhere in this report the placing of these institutions under another department.)

RECO:\IMENDA TIONS
The committee recommends:
There there be established a Department of Health with a director.
That the Director of Health be appointed by the Governor for a term concurrent with that of the Governor.
That the present. Secretary of the Board of Health be named the first Director of the Department of Health.
That the State Board of Health be abolished.
That the duties and functions of the State Board of Health be placed in the Department of Health.

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309

DEPARTMENT OF NATURAL RESOURCES

FINDINGS
State Board of Game and Fish:
This board is composed of three member$ appointed by the Governor by and with the consent of the Senate for a term of six years, one from the northern portion, one from the southern portion and one in the tidewater region of the State. This board has charge of the game and fish laws of the State.
State Board of Forestry:
This board is composed of the Governor, Secretary of State, State Geologist, Director of Extension at the State College of Agriculture, and five other citizens of the Stateone representing the women's civic organizations of the State, and four representing farming, lumbering, lumber manufacturing, naval stores or timber land owning interest within the State, who are named with reference to geographical location. The members are appointed by the Governor for a term of four years. Its chief duty is to investigate and report on forest conditions in the State and give advice and aid to landowners with reference to matter pertaining to timber.
State Geologist:
The State Geologist is appointed by the Governor with the consent of an advisory board and holds for life. The advisory board is composed of the Governor, Commissioner of Agriculture, State School Commissioner, State Treasurer, Comptroller-General, Secretary of State, and Attorney-General. His duty is to attend to general geological work in the State.

It has been suggested that the work of these departments deals with natural resources of the State and would thus appear to be closely allied and of direct interest to every citizen of the State. It is suggested as feasible and

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desirable to coordinate these departments under one head directly responsible to the people.

RECOMMENDATIONS
The committee recommends:
That there be created a Department of Natural Resources with a Director appointed by the Governor for a term concurrent with that of the Governor.
That the State Board of Game and Fish be abolished and the duties and functions of this department be placed in the Department of Natural Resources.
That the State Board of Forestry be abolished and the duties and functions of this department be placed in the Department of Natural Resources.
That the Board of Geologist be abolished and the duties and functions of this department be placed in the Department of Natural Resources.
That the present Fish and Game Commissioner, State Forester, and State Geologist be employed in the Department of Natural Resources during the remainder of their present term of office.
That the Director of the Department of Natural Resources be also head of the division of Game and Fish in said Department, without additional salary.

ELEEMOSYNARY INSTITUTIONS
FINDINGS
State Tuberculosis Sanatorium: This institution is under control of the State Board of
Health. Its duty is to care for and treat citizens of the State suffering with tuberculosis.

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311

Georgia Training School for Mental Defectives:
This institution is under control of the State Board of Health. Its duty is to care for and treat mentally defective children of the State.

Milledgeville State Hospital:
This institution is under control of a Board of Trustees composed of nine citizens appointed by the Governor for a term of four years. Its duty is to care for and treat insane citizens of the State.

Georgia Training School for Boys:
This institution is under control of a Board of Trustees composed of State School Superintendent, Secretary of State, Board of Health and five other citizens of the State appointed by the Governor for a term of four years. This is the State corrective institution to care for boys committed to it by the Juvenile Courts of the State.

Georgia Training Schoolfor Girls:
This institution is under control of a Board of Trustees composed of five citizens appointed by the Governor for a term of four years. This is the State corrective insti tution to care for girls committed to it by the Juvenile Courts of the State.

School for Deaf:
This institution is under control of a Board of Trustees composed of seven members appointed by the Governor for indefinite terms. Its duty is to instruct deaf children of the State.

Academy for the Blind-( Board of Visitors):
This institution is under control of a Board of Trustees composed of seven members which was already serving when said institution was taken over by the State. They serve as a self-perpetuating body.

l

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This institution is also served by a Board of Visitors, composed of ten citizens appointed by the Governor for an indefinite term.
Confederate Soldiers' Home:
This institution is under control of a Board of Trustees composed of President Fulton County Chapter, U. D. C., State President, U. D. C., President Atlanta Chapter, U. D. C., Chairman Soldiers' Home Committee, Georgia Division, U. D. C., one citizen from each Congressional District who shall hold office for a term of five years, and two ladies from the State at large. It is the duty of this institution to receive and care for indigent Confederate Veterans.
It has been suggested that this institution be abolished and other provisions be made for the care of its inmates; that the number of such inmates has decreased to the point that such change would prove economical for the State.

It has been suggested that the administrative features of these institutions are of a similar nature and that their work is of such vital interest to every citizen of the State as to demand an administrative head directly responsible to the people. It appears that these institutions should be coordinated under a single board, appointed by the Governor, with a secretary permanently located at the Capitol, such arrangement giving more efficient administration and also giving the people of the State closer and more direct contact with their eleemosynary institutions.

RECOMMENDATIONS

The committee recommends: That the State Tuberculosis Sanatorium and the Georgia

j

Training School for Mental Defectives be removed from

under control of the State Board of Health.



j

MoNDAY, JuLY 6, 1931.
That the six Boards of Trustees and one Board of Visitors of the other six institutions be abolished.
That these eight institutions be coordinated Iunder a single Board of Control of Eleemosynary Institutions.
That this board be composed of the Governor of Georgia, one citizen from each Congressional District and one citizen from the State at large. Five of those from each Congressional District to be appointed for a term to expire with the regular term of the present Governor of Georgia, and five for a term to expire with the regular term of the next succeeding Governor of Georgia, and at the expiration of their terms every member to be appointed for a term of four years. The one from the State at large to be appointed by the Governor and to hold office at the pleasure of the Governor.
That this board appoint a secretary who shall devote his entire time to the work and who shall hold office at the pleasure of the board and whose office shall be in the State Capitol.
UNIVERSITY OF GEORGIA AND ITS BRANCHES
FINDINGS
There are twenty-six boards governing the University of Georgia and its branches.
The boards and institutions are as follows:
Board of Trustees of University of Georgia-36 members.
Board of Visitors of University of Georgia-5 members.
Board of Trustees State College of Agriculture-13 members.
Board of Trustees School of Technology, Atlanta-17 members.

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Board of Trustees South Georgia Teachers' College, Statesboro-17 members.

Board of Trustees Georgia State College for Men, Tifton -9 members.

Board of Trustees State Agricultural and Normal College, Americus-9 members.
Board of Trustees Fourth District A. & M. School, Carrollton-9 members.

Board of Trustees Georgia Vocational and Trades School, Monroe-8 members.

Board of Trustees Georgia Industrial College, Barnesville-11 members.

Board of Trustees Seventh District A. & M. School, Powder Springs-17 mem hers.

Board of Trustees Eighth District A. & M. School, Madi-

son-10 members.

.

Board of Trustees Ninth District A. & M. School, Clarkesville-14 members.

Board of Trustees Tenth District A. & M. School, Granite Hill-12 mem hers.

Board of Trustees South Georgia State College, Douglas -14 members.

Board of Trustees Middle Georgia College, Cochran12 members.

Board of Trustees Bowdon State Normal & Industrial College-10 members.

Board of Trustees Georgia State Woman's College, Valdosta-16 members.

Board of Trustees Georgia State College for Women, Milledgeville-8 members.

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315

Board of Visitors Georgia State College for Women. Milledgeville-12 members.
Board of Trustees Georgia State Teachers' College, Athens-23 members.
Board of Trustees State Medical College-9 members.
Board of Trustees North Georgia College, Dahlonega12 members.
Board of Trustees Alexander H. Stephens Institute, Crawfordsville-8 mem hers.

(Negro Schools): Board of Trustees State Industrial College, Savannah-
S members.
Board of Trustees Normal and Agricultural College, Albany-8 members.
Board of Trustees Forsyth A. & M. School, Forsyth-7 members.

Coastal Plains Experiment Station, Tifton:
This institution is governed by a board of trustees composed of the Governor of Georgia, Commissioner of Agriculture, and seven other citizens appointed by the Governor and holding office for an indefinite term. The duty of this institution is to make agricultural experiments and is of an educational nature.
Georgia Experiment Station, Griffin:
This institution is governed by a board of trustees composed of Commissioner of Agriculture, Chancellor of U niversity of Georgia, President of College of Agriculture and twelve other citizens appointed by the Governor and holding office for a term of four years. This institution receives federal aid. The duty of this institution is to make agricultural experiments and hold farm institutes in the State, and is of an educational nature.

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JouRNAL OF THE SENATE,

This is a total of twenty-seven institutions-twenty-seven boards of trustees with a total membership of three hundred forty-one-two boards of visitors with a total membership of seventeen.
In many instances members of one board of trustees also serve on other boards of trustees so that the actual number of citizens serving as trustees is smaller than the total number of trustees for all the institutions. In practically every instance the boards are so organized that only a minority of the membership are appointed during any one administration. Under such system the institutions are not directly responsible to the people either through the boards that govern them or the official appointing the members of the board.
It appears that the board of trustees of the Alexander H. Stephens Institute does not function and that the State does not make appropriations to this school. It is also found that the Legislature has made appropriations to Georgia Military College at Milledgeville for the past few years although this institution is not considered a regular branch of the university system.
There is a total of twentv-seven educational institutions receiving financial support from the State and one branch of the university system that is not receiving financial support.
There has been much discussion regarding the State's university system and there seems to prevail an opmton that it is at present in a chaotic condition. Numerous plans have been proposed for systematizing these schools and there is considerable difference of opinion among the heads of these institutions regarding such changes. Some made definite suggestions regarding a central governing board for all the schools while others expressed pronounced opposition to such plan. Heads of some of these institutions candidly advised that the maneuverings of the heads of these institutions were largely responsible for Georgia's

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317

present unbalanced budget. The Chancellor of the University of Georgia advised of an organization composed of officials of the various institutions for the purpose of obtaining from the Legislature the greatest possible appropriations for the university system.
It is found that some of these institutions do both high school and college work, others do only high school work and others do only regular college work. It is claimed by private citizens that there is considerable overlapping of work, it having been pointed out that among institutions located in one city there is overlapping and duplication in about fifteen departments or courses of study.
There has been much matter regarding these institutions presented to the committee, which has been filed with the records and is open for inspection. It is found that salaries are unusually high and expense accounts excessive among officials of some of these institutions. Expensive Stateowned automobiles with heavy upkeep are operated by several of these officials. There has been complaint by private citizens of unnecessary expenditures in numerous instances.

RECOMMENDATIONS
The committee recommends:
That the twenty-five boards of trustees of the university and its branches and the two boards of visitors of said institutions be abolished.
That the two boards of trustees of the experiment stations be abolished.
That the branch of the University of Georgia known as the Alexander H. Stephens Institute (which does not receive financial aid from the State) be discontinued.
That the appropriation to the Georgia Military College be discontinued.

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That a central governing board for the twenty-four branches of the University which are now receiving financial aid from the State and the two experiment stations to be known as a Board of Regents be established.
That this board be composed of the Governor of Georgia, one citizen from each congressional district and one citizen from the State at large. Five of those from each Congressional District to be appointed for a term to expire with the regular term of the present Governor of Georgia, and five for a term to expire with the regular term of the next sueceeding Governor of Georgia, and at the expiration of their terms every member to be appointed for a term of four years. The one from the state at large to be appointed by the Governor and to hold office at the pleasure of the Governor.
That this board appoint a secretary of the board who shall devote his entire time to the work and who shall hold office at the pleasure of the board and whose office shall be in the State Capitol.

COMPTROLLER-GENERAL
FINDlKGS
Comptroller-Genera!:
This official is provided for in the Constitution of the State. He is elected by popular vote for a term of two years. It is the duty of this official to keep a record of all funds deposited with the Treasury Department and a record of all appropriations, to conn tersign warrants and see that no warrants are issued in excess of appropriations, to keep numerous other records, to collect taxes, to make settlements with County Tax Collectors, and perform other duties. This office during 1930 collected over $22,000,000.00 of the revenue of the State.

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319

Insurance Commissioner-(Comptroller-General):
The Comptroller-General is Insurance Commissioner of Georgia. He has the right to appoint a Deputy Insurance Commissioner. It is the duty of this office to regulate and supervise the activities of insurance companies doing business in the State and fix rates in certain instances. Insurance taxes are collected through this office. The committee has recommended elsewhere in this report that all powers of this department, except tax collecting powers, be transferred to the Secretary of State.
Motor Vehicle Commissioner-(Secretary of State):
The Secretary of State is Motor Vehicle Commissioner of Georgia. It. is the duty of this office to collect motor vehicle taxes and enforce the motor vehicle laws.
State Tax Commissioner:
The State Tax Commissioner is appointed by the Governor for a term of six years. It is the duty of this office to investigate all matters of taxation and make recommendations to the General Assembly, to examine the various Tax Digests of the several counties and equalize values as between such counties, and to collect the sales tax and income tax.
Department of Revenue:
This office is administered by a Commissioner of Revenue appointed by the Governor for a term of six years. The Governor has the right to remove this official under certain conditions. The Commissioner has the right to appoint six Deputies to assist in the duties of the office. It is the duty of this office to collect delinquent taxes of every kind that may be due the State of Georgia, and to collect the cigar and cigarette stamp tax.

There was a prevailing sentiment among officials of these departments that the entire tax collecting functions and duties should be centralized under one responsible head.

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There have been numerous suggestions of a similar nature from private citizens throughout the State.
Numerous methods of selecting the head of this department have been suggested. Among them are the followmg:
1. Three Commissioners appointed by the Governor and holding office concurrent with the Governor.
2. Three Commissioners appointed by the Governor for two, four and six years, and their successors holding office for six years.
3. One Commissioner appointed by the Governor, holding office either concurrent with the Governor or for a definite term.
4. Comptroller-General, now provided in the Constitution of Georgia, elected by the people and holding office for two vears.
RECO.'IIMENDATIO~S
The committee recognizes the collection of taxes as a major function of the Executive Department, and of direct and vital interest to every citizen of the State. It is, therefore, recommended that all State tax collecting agencies be abolished and the duties of administering the State revenue laws be placed in the Comptroller-General of Georgia, now provided in the Constitution of the State.
The committee recommends:
That the office of :Motor Vehicle Commissioner be abolished and the duties and functions of the office be placed in the Comptroller-General.
That the "Jffice of Insurance Commissioner be abolished and that the tax collecting duties of the office be placed in the Comptroller-General. (The committee has recommended elsewhere in this report that the other duties and

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321

functions of this department be placed in the Secretary of State).
That the office of State Tax Commissioner be abolished and the duties and functions of this office be placed in the Comptroller-General.
That the Department of Revenue be abolished and the duties and functions of this department be placed in the Comptroller-General.
That the present Commissioner of Revenues be retained in the office of the Comptroller-General for the remainder of his present term.

TREASURY
FINDINGS
The committee finds that funds collected are for the most part deposited with the State Treasury Department and administered in a safe and efficient manner while such funds are in its custody.
It appears that in certain instances departments are drawing funds from this department before they are actually needed and depositing these funds to the credit of such department with such bank as desired. There is no legal safeguard for funds so deposited, they being beyond the jurisdiction of the Treasury Department of the State.
RECOMMENDATIONS
It is recommended that the State Treasurer, as now provided in the Constitution of the State, have complete custody and control of all State funds until they are actually expended, and that he be held responsibile for the safety of such funds.

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SECRETARY OF STATE

FINDINGS
The Secretary of State is provided for in the State Constitution. He is elected by popular vote for a term of two years. The functions of this office are such that he is naturally the keeper of the records of the State.
There are tax collecting duties now being performed by this office. The committee has recommended elsewhere in this report that such duties be transferred to the Comptroller-General's office.
There are numerous functions which it appears would properly come under the supervision of this Constitutional official. The Secretary of State is now keeper of the Great Seal of the State.
Corporation Commissioner: The Secretary of State is also Corporation Commis-
sioner. He is supposed to keep a record of all corporations in this state.
Securities Commission: The Securities Commission is composed of the Secre-
tary of State, Attorney-General and Commissioner of Commerce and Labor. This commission has authority to employ a Chief Examiner. Its chief functions are the administration of the "Blue Sky" laws of the State and supervision of dealers in securities.
Insurance Commissioner: The Comptroller-General is at present the Insurance
Commissioner of Georgia. The Insurance Commissioner collects all insurance taxes and supervises insurance companies doing business in the State. The committee has recommended elsewhere in this report that the tax collecting powers of the Insurance Commissioner be transferred to the Comptroller-General.

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323

Superintendent of Banks:
The Superintendent of Banks has supervtswn of State banks and liquidation of insolvent State banks. He is appointed by the Governor by and with the consent of the Senate and holds office for a term of four years. This department was created in 1919. There has been statewide interest in and criticism of the activities of this department. Attorney fees in this department have been shown to be excessive. Huge sums of money belonging to the people are involved in the banks of the State and it is suggested that the official having supervision of the banks should be directly responsible to the people. It is also suggested that in as much as State banks are supported primarily by local depositors the liquidation of insolvent banks should be placed in proper local authorities as was heret')fore provided by law.

Fourteen State Boards of Examiners:

Public Accountants Veterinary Osteopathic Pharmacy Nurses Optometry Embalming

Medical Chiropractic Den tal Barbers Architects Stationary Engineers and
Firemen Bar.

It is found that the above named Boards of Examiners do not have any direct contact with the people themselves or with any official who does have such contact. They do not have a common place for keeping the records of professional men licensed to practice their respective professions or a systematic method of keeping such records among the respective boards. It is suggested that the people for whose welfare such boards are created should have free, public and ready access to the ent"re records of these various boards and that such records should be kept at the State Capitol.

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State Historical Commission-(Department of Archives and History):
The State Historical Commission is composed of the Governor, Secretary of State, State Treasurer, AttorneyGeneral, Secretary of Agriculture, State School Superintendent, Commissioner of Commerce and Labor, Commissioner of Pensions, Tax Commissioner, and State Librarian. They select a State Historian, who holds office for six years and until a successor is selected. This department has charge of the records and history of the State.
It appears that this work is closely connected with that of the Secretary of State and it is suggested that it should be under his supervision.
Georgia Real Estate Commission:
This commtsswn is composed of three members appointed by the Governor for a term of three years. The Commission has power to appoint a Secretary and Treasurer, Clerks and assistants and Attorneys. It is the duty of this Commission to license and regulate real estate brokers and real estate salesmen. It appears that the functions of this department are closely allied with other units regulating corporations and securities and could easily be coordinated with such units.
RECOMMENDATIONS
The committee recommends:
That the office of Corporation Commissioner be abolished and the duties and functions of the office be placed in the Secretary of State.
That the office of Securities Commissioner be abolished and the duties and functions of the office be placed in the Secretary of State.
That the office of Insurance Commissioner be abolished and the duties and functions of the office (except the collection of taxes) be placed in the Secretary of State.

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325

That the office of Superintendent of Banks be obolished and the regulatory duties and functions of the office be placed in the Secretary of State. And that the liquidation duties and functions be placed in the local Superior Courts.
That the fourteen Examining Boards be consolidated under a single Secretary in the office of and under the supervision of the Secretary of State with an office in the Capitol, this Secretary to be appointed by the Secretary of State.
That the Department of Archives and History (State Historical Commission) be abolished and the duties and functions of the office be placed in the Secretary of State.
That the Georgia Real Estate Commission be abolished, together with the offices provided thereunder, and the duties and functions of the office be placed in the Secretary of State.

LEGAL DEPARTMENT
FINDINGS
The Attorney-General of Georgia is provided for in the State Constitution. The functions of this office are such that he is naturally the head of the legal department of the executive branch of the government.
There are departments of the State provided by statute with legal help separate and distinct from the office of the Attorney-General. Other departments not provided with such help are employing legal aid on their own accord and without any connection whatever with the legal department. It is found that attorney fees amount to well over one hundred thousand dollars annually, in addition to the annual appropriation for the support of the legal department.

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'

It appears that the powers and duties of this office are

very broad. However, numerous complaints have come

to the committee as to failure on the part of this office

to properly cooperate in the execution of the laws and in

safeguarding the interest of the state. The total appropriation to this department at present is only $9,000 and it is evident that this is not sufficient to furnish necessary

legal help to care for the entire legal work of the State.

The Attorney-General is a member of several other

commissions and boards in the state.

It has been impressed by numerous officials and ci ti-

zens that expanding governmental activities require a

more comprehensive legal department, and that this department should have control or supervision of all legal

work of the State.

RECOMMENDATIONS

The committee is of the opinion that thousands of dol-

lars can be saved to the State and more efficient adminis-

tration had by increasing the personnel and functions of

the legal department. It appears that this department should be charged with all the legal work of the State. However, the Chief Executive should be given such power

as to insure proper attention by this department to the

legal affairs of the State.



The committee recommends enlarging the personnel of this office so as to include the Attorney-Genend and not exceeding six Assistant Attorneys-General. The Assistant Attorneys-General to be appointed by the Governor, approved by the Attorney-General and confirmed by the Senate. Their respective terms of office to be indefinite, with the Governor having the right to remove any Assistant Attorney-General with the approval of the Attorney-General.

The committee recommends that this department be required to attend to all legal affairs of every department

of the executive branch of the State Government.

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327

DEPARTMENT OF EDUCATION
FINDINGS
The State Superintendent of Schools has supervts!On of the public school system of the State and the funds appropriated by the Legislature for grammar and high school work. He is elected by popular vote under a constitutional provision for a term of two years. The State Superintendent of Education is also working under the supervision of two boards and two commissions, as follows:
State Board of Education-(State School Book Commission):
This board is composed of the Governor, Superintendent of Schools and four other persons appointed by the Governor for a term of four years. This board makes rules and regulations for supervision of all schools in the State, provides courses of study in common and high schools, selects text-books to be used in such schools, and is a final board of appeal from the acts of the Superintendent of Schools.
State Board of Vocational Education: This board is composed of Chancellor of University,
State Superintendent of Schools, three citizens (one representing manufacturing and commercial interests, one representing agriculture, and one representing labor) and two members who are trustees of the district agricultural and mechanical schools. The five last mentioned members are appointed by the Governor and hold office until their succssors are appointed and qualified. Their chief duty is to take advantage of federal funds for vocational education in Georgia.
Georgia Illiteracy Commission:
This commission is composed of the Governor, Superintendent of Schools and eight citizens appointed by the Governor and holding office for four years. The chief

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duty of this comm1ss1on is to make research work with regard to illiteracy in the State and to receive and disburse private funds contributed for this work.

The State Superintendent of Schools suggests the abolition of all the boards and commission except one and that said remaining board name the State Superintendent of Schools. He also recommends a new school code for public and high school work in the State, and that the State discontinue appropriations to the Department of Education for summer school work, he stating that there is no longer need for this work in this department. He advises of extension work done under the supervision of this department with funds appropriated through the College for Women at Milledgeville.
It has been suggested by numerous citizens that this department is in many instances extravagant; that economies could be practiced with great savings to the State and equal benefits to the schools; and that there are instances of both inefficiency and incompetency. There has been widespread protest against the practice of this department supplementing the salaries of the county school superintendents out of the State funds, and employing unnecessary supervisors and other officials with large salaries and expense accounts.
This department has its own special auditor under the supervision of the head of the department. It has been suggested that this work should be under the supervision of the State Auditor in the Department of Audits and Accounts.
RECOMMENDATIONS
It appears to the committee that there is no need for the State Superintendent of Schools and three separate boards, all performing similar duties. It might, however, be inadvisable to place the responsibility of selecting public school books in the hands of a single official.

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329

The committee recommends the abolition of the State Board of Vocational Education, the State School Book Commission and the Georgia Illiteracy Commission, and that the duties and functions of these boards and commissions be placed in the State Board of Education.
The committee recommends that appropriations for summer school work in this department be discontinued, and that appropriations for extension work to the College for Women at Milledgeville be made direct to this department, if necessary at all.
The committee is of the opinion that there are many desirable changes that could be made in the laws governing the conduct of this department, but that such changes would not materially affect the method of selecting the administrative head of the department and are, therefore, beyond the jurisdiction of the work of this committee.
The committee has recommended elsewhere in this report that the office of State School Auditor in this department be abolished and the duties and functions of the office be transferred to the State Auditor.

DEPARTMENT OF AGRICULTURE
FINDINGS
Commissioner of Agriculture: The Commissioner of Agriculture is elected by popular
vote and holds office for a term of two years. It appears
that agricultural work has already been fairly well coordinated in this department, with the Commissioner of Agriculture in charge, except in a few instances. There is a state-wide interest in the activities of this department. Many claim it is of no value, while others charge extravagance and inefficiency.

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Attention has been called to duplication of work by the State College of Agriculture and this department. It has been suggested that the department is engaged in many useless and expensive lines of work, special attention having been called to the Market Bulletin. The Commissioner of Agriculture expressed a willingness to conduct the department on such appropriation as the Legislature desires to make for its support.
There has been complaint by numerous private citizens regarding veterinary work in this department. The State Veterinarian is appointed by the Commissioner of Agriculture with the endorsement of the State Board of Veterinary Examiners and holds 0ffice for life, or during good behavior and the performance of his duties. It has been suggested that this term of office be limited.
There are a number of private veterinarians who, in addition to doing their own private work, are paid a salary and expenses by this department. Private practitioners have filed protest to this practice, which they deem unfair competition.
The Department of Agriculture has large sums of money appropriated to it annually and it is contended by numerous citizens that benefits received are not sufficient to warrant such expenditures.

State Board of Entomology:
The State Board of Ent:)mology is composed of the Commissioner of Agriculture and one member who is a practical horticulturist and one member who is a practical farmer. These two members hold office for a term of six years. This board selects the State Entomologist. There does not seem to be any definite term for this official. This board administers the laws relating to. diseases in plant life and horticultural work.

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331

s RECOM:\1E NDATION

The committee recommends:
That the term of office of the State Veterinarian be limited to four years and that he be appointed by the Commissioner of Agriculture~
That the present State Veterinarian be named State Veterinarian for the first term.
That the practice of employing part-time Veterinarians be discontinued.
That the State Board of Entomology be abolished and the duties and functions of the board be placed in the Commissioner of Agriculture.

PRISON COMMISSION
FINDINGS
There has been little criticism of the Prison Commission of Georgia. It is composed of three members elected by poplar vote and holding office for a term of six years. This Commission has charge of the State prisoners and pnson camps.
The Prison Commission is designated as the Board of
Pardons. It is their duty to investigate and recommend
to the Governor in executive clemency cases and make rules and regulations for parole of convicts.
RECO:\L\1ENDATIONS
The committee recommends that this department be continued as at present, and that it be given the additional duty of inspecting county jails.

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JouRNAL OF THE SENATE,

GEORGIA PUBLIC SERVICE COMMISSION
FINDINGS
This Commission is composed of five members, holding office for a term of six years. They are elected by popular vote. The chief duties of this commission are regulation of public utilities and utility rates. The terms of office are so arranged that only two members are elected at one time.
There have been numerous complaints regarding this department. Chief among these being that the method of securing financial support of the department was undesirable; that there are more members than necessary to perform the duties of office; that the work of this department, having been materially broadened during recent years, is of vital interest to all the people of the State: and that responsibility to the people should be more defi nitely placed.
It has been suggested that the office of Special Attorney in this department be abolished and that the Legal Department of the State be required to furnish necessary legal aid for this department.
RECOMMENDATIONS
The committee recommends that the membership of this Commission be reduced from five to three, and that all three mem hers be elected by popular vote for a term of four years. The committee also recommends that the office of Special Attorney for this department be abolished.

DEPARTMENT OF INDUSTRIAL RELATIONS
FINDINGS
Department of Commerce and Labor: The Commissioner of Commerce and Labor is elected
by popular vote for a term of two years, as provided by

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333

statute. His chief duties are enforcement of child labor laws and gathering of statistics regarding commercial and labor activities in the State.
Industrial Commission:
This department is composed of four members, the Commissioner of Commerce and Labor, who is ex-officio chairman of the commission, the Attorney-General and two other members appointed by the Governor for a term of four years, one from the group of employers and one from the group of employed. It is the duty of this commission to administer the workmen's compensation laws of the State.
It has been pointed out that the functions of this department are of a quasi-judicial nature; that the AttorneyGeneral does not attend the meetings of the commission or perform any of its duties; and that the expenses of the commission are steadily and rapidly increasing. It is contented by private citizens that the increased cost is excessive and unwarranted. The commission is supported through levies made on industrial insurance companies and business institutions that are self-insurers.
It was pointed out by the Commissioner of Commerce and Labor that there are only three other states that elect either this official or any member of the Industrial Commission.

RECOMMENDATIONS
The committee recommends:
That there be created a Department of Industrial Relations consisting of three members, one member to be known as Director of the Department of Industrial Relations and to be elected by popular vote for a term of two years, and two members to be appointed by the Governor, one for a term of two years and one for a term of four years, and thereafter both to hold for a term of four years.

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That the Department of Commerce and Labor be abolished, together with the respective offices created therein, and that duties and functions of the department and officials therein be placed in the Department of Industrial Relations.
That the present Commissioner of Commerce and Labor be named as Director of the Department of Industrial Relations for the first term.
That the Industrial Commission be abolished and the duties and functions of the Commission be placed in the Department of Industrial Relations.
That the member of the present Industrial Commission whose term of office as presently fixed extends beyond the date when the changes herein proposed go into effect shall be retained as a member of this department for one of the initial terms of office.

GENERAL
FINDINGS
Board of Public Welfare: This board is composed of five members appointed by
the Governor for a term of five years. The duties of this board are strictly visitorial and advisory. It is their duty to inspect and examine county jails and institutions in the State of an eleemosynary, charitable, correctional and reformatory character.
Board of Harbor, Port and Terminal Commission: This board is composed of five members, the Governor
of Georgia, Secretary of State, Commissioner of Agriculture, one member nominated by the Manufacturers' Association of Georgia and appointed by the Governor, and one member nominated by the Farmers' Union of Georgia and appointed by the Governor. The two last named

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335

members to hold office for a term of five years. It is the duty of this Commission to have maps and surveys made of all ports and terminal facilities along the coast of Georgia and surveys of tonnage moving by way of such ports and terminal facilities.
Georgia State Canal and Waterway Commission:
This Commission is composed of the Governor of Georgia and three citizens of the State appointed by the Governor for a term of two years. It is the duty of this Commission to investigate the advisability of a canal from the Atlantic Ocean to the Gulf of Mexico through Georgia, and bring to the attention of proper Federal authorities the importance of such canal.
Community Service Commission:
This Commission is composed of the Governor and two members (one of whom shall be a woman) from each Congressional District. The members hold office for a term of two years. It is the duty of this Commission to consider and investigate all problems of reconstruction and matters involving the general public welfare.

RECOMMENDATIONS
The committee recommends:
That the Board of Public Welfare, together with its duties and functions, be abolished.
That the Board of Harbor, Port and Terminal Commission, together with its duties and functions, b.:: abolished.
That the Georgia State Canal and Waterway Commission, together with its duties and functions, be abolished.
That the Community Service Commission, together with its duties and functions, be abolished.

It is evident from the findings and recommendations that your committee is not dealing in personal matters

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JouRNAL oF THE SENATE,

or personnel of present officials; but with the larger field of a more efficient organization of State government. As an evidence of this fact, wherever consistent with the interest of the State, the committee has recommended that the office holder shall complete his tenure of office.
Respectfully submitted,
HucH PETERSON, Chairman. G. A. HuDDLESTON,
J. T. CoLsoN,
H. B. EDwARDs,
\V. J. CROWE, Secretary,
Committee.

By unanimous consent, the reading of the report was dispensed with, and the report was referred to the Committee on the State of the Republic.

The following bills of the Senate were introduced, read the first time, and referred to committees:

By Senator Peterson of the 15th District-
Senate Bill No. 45. A bill to be entitled an Act to amend Section 9 of Article 8 of a certain Act approved August 19, 1919, appearing on page 291 thereof, by striking therefrom the qualification therein specified for three of the appointees of the Board of Education, and for other purposes.
Referred to Committee on State of the Republic.

By Senator Peterson of the 15th District-
Senate Bill No. 46. A bill to be entitled an Act to simplify the operations of the Executive Branch of the State Government, and for other purposes.
Referred to Committee on State of the Republic.

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337

The following bills of the Senate were read the third time and put upon their passage:

By Senator Duckworth of the 7th District-
Senate Bill No. 4. A bill to be entitled an Act to abolish the office of Tax Collector and Tax Receiver in Grady County; to create in lieu thereof the office of Grady County Tax-Commissioner, 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 43, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Puett of the 40th DistrictSenate Bill No. 30. A bill to provide for placing the
Treasurer of Towns County on a salary basis, and for other purposes.
The committee moved to amend, as follows:
To strike out where it appears the year 1932 and insert in lieu thereof the year 1933, which is at the expiration of the present term.
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 38, the nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

Under the head of unfinished business, the following
bill of the Senate, having been read the third time at the previous session of the Senate, was taken up for consideration:

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JouRNAL or THE SENATE,

By Senator Strickland of the 1st District-
Senate Bill No. 17. A bill to amend an Act to regulate banking in the State of Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, thenaysO.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate was in traduced, read the first time, and referred to the Committee on Municipal Government:

By Senator Dekle of the 6th District-
Senate Bill No. 47. A bill to amend an Act establishing a Public School System for the City of Valdosta, and for other purposes.

The following privileged resolution was read and adopted:

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to Judge Joel Cloud of Lexington, Georgia.

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

By Senator Hand of the 8th District-
Senate Bill No. 13. A bill to amend Section 2112 of the Civil Code of 1910 so as to permit the use of peanut meal feeds, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MoNDAY, JuLY 6, 1931.

339

On the passage of the bill, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the Senate was read the third time and put upon its passage:

By Senator McWhorter of the 50th District-
Senate Resolution N0. 20. A resolution giving assent of the State of Georgia to an Act of Congress of the United States providing for further development of cooperative agricultural extension work.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Harris of the 18th District asked that the Senate adopt by unanimous consent the following joint resolution of the Senate; and the consent was granted:
Senate Resolution No. 32. A resolution endorsing and approving a memorial to Dr. Paul Fitzsimmons Eve to be unveiled at Augusta, Georgia, November 14, next, in commemorati:::m of his distinguished services in Poland.
Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

340

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
TuEsDAY, JuLY 7, 1931.

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.

The roll was called and the following Sena tors answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.

Senator Weekes of the 34th District asked unanimous consent that the reading of the Journal be dispensed with. The consent was granted. The Journal was confirmed.

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

TuEsDAY, JuLY 7, 1931.

341

Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions and bills of the House, to-wit:

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Resolution No. 30. A resolution endorsing and approving the memorial to Dr. Paul Fitzsimmons Eve, to be erected in Augusta, Georgia, next November and providing for a committee from the House and a committee from the Senate to represent the Legislative branches of the State Government at the unveiling of said memorial.

By Messrs. McRae and Eckford of Fulton, Dorsett of Carroll, Key of Jasper, Hutcheson of Walker, and Edwards of Gilmer-
House Resolution No. 31. A resolution requesting the Treasury Department of the Federal Government to specify the use of Georgia marble in the construction of the exterior portion of the new Post Office Building, for the City of Atlanta.

By Mr. Gullatt of CampbellHouse Resolution No. 18-115c. A resolution to relieve
E. J. Johnson as surety on a bond.

By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 59. A bill to be entitled an Act to amend an Act approved August 13, 1924, entitled "An Act to change from the fee to the salary system in certain Counties in Georgia, the Clerk of the Superior Court [whether he be Clerk of the Superior Court only, or ex-officio clerk of other courts], the Sheriff's, the Ordinary, the Tax Collector and the Tax Receiver; to make provisions regulat-
ing the carrying out of said change; to regulate the dis-

342

JouRNAL OF THE SENATE,

position of costs, and for other purposes," by striking out in Section One of said Act the words "forty-four" whereever they occur, and inserting in lieu thereof the words "forty-nine," and for other purposes.

By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 58. A bill to be entitled an Act to regulate the practice upon applications for writs of certiorari before the Supreme Court and the Court of Appeals of Georgia, to provide for the granting and refusing of same and the time within which the court shall pass upon same, and for other purposes.

By Mr. Tucker of Berrien-
House Bill No. 5. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector, to create the office of Tax Commissioner, and for other purposes.

By Mr. Wilson of Murray-
House Bill No. 27. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Murray, and for other purposes.

By Mr. Wilson of Murray-
House Bill No. 28. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Murray County, and for other purposes.

By Mr. Edwards of Gilmer-
House Bill No. 138. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for Gilmer County, and for other purposes.

By Mr. Cannon of RockdaleHouse Bill No. 71. A bill to be entitled an Act to repeal
an Act entitled an Act to establish the City Court of Con-

TuEsDAY, JuLY 7, 1931.

343

yers, m and for the County of Rockdale, and for other purposes.

By Mr. Tucker of Berrien-
House Bill No. 4. A bill to be entitled an Act to abolish the City Court of Nashville, in Berrien County, and for other purposes.

By unanimous consent, the following was adopted as the order of business for this day's Session; during the first part of the period of Unanimous Consents:
1. Introduction of New Matter.
2. Reports of Standing Committees.
3. Second reading of Senate and House Bills favorably reported.
4. Third reading and passage of local uncontested Senate and House Bills.
5. First reading of House Bills.

The following bills of the Senate were introduced, read the first time, and referred to committees:

By Senator Reagan of the 35th District-
Senate Bill No. 48. A bill to be entitled an Act to amend Section 4775(d) of Volume 4 of Park's Code of Georgia, relative to compensation of salary to be paid Judges of County Courts, and for other purposes.
Referred to Committee on Special Judiciary.

By Senator Weekes of the 34th District-
Senate Bill No. 49. A bill to be entitled an Act to provide for the issuing of licenses to operators of automobiles in this State, and for other purposes.
Referred to Committee on Highways and Public Roads.

344

JouRNAL OF THE SENATE,

By Senator Ennis of the 20th District-
Senate Bill No. 50. A bill to be entitled an Act to exempt from Taxation in the State of Georgia, houses, lands and equipment owned by and constituting the regular meeting places of any and all civic and or educational and or charitable institutions chartered under the laws of Georgia, and for other purposes.
Referred to Committee on Finance.

By Senator Martin of the 2nd District-
Senate Bill No. 51. A bill to be entitled an Act to amend Section 1946 of the Code of 1910, relating to natural oyster beds, and for other purposes.
Referred to Committee on Game and Fish.

By Senator Beck of the 37th District-
Senate Bill No. 52. A bill to amend the Constitution of the State of Georgia by providing for assumption by the State of Georgia of the indebtedness of the several Counties of the State and Coastal Highway Districts incurred for construction and for private roads and highways, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senators Davis of the 31st District, Reagan of the 35th District, and Strickland of the 1st District-
Senate Bill No. 53. A bill to be entitled an Act to regulate the practice of Chiropody in the State of Georgia, and for other purposes.
Referred to Committee on Hygiene and Sanitation.
By Senator Den ton of the 38th DistrictSenate Bill No. 54. A bill to be entitled an Act to create

TuEsDAY, JuLY 7, 1931.

345

the office of Commissioner of Roads and Revenues for the County of Paulding, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senators Johnson of the 42nd District and McWhorter of the 50th District-
Senate Bill No. 55. A bill to be entitled an Act to relieve from Taxation Fuels used in tractors operated on Farms, and for other purposes.
Referred to Committee on Finance.

The following resolution of the Senate was introduced, read the first time, and referred tc the Committee on State of the Republic:

By Senator McKenzie of the 48th District-
Senate Resolution No. 3:3. A resolution that all members of the Senate voluntarily return to the State Treasury ten per cent. of the amount of the compensation due them for this session.

The following bill of the Senate was introduced, read the first time, and referred to the Committee on Finance:

By Senator Puett of the 40th DistrictSenate Bill No. 56. A bill to be entitled an Act to amend
Section 3426 of Volume 2 of the Code of Georgia prescribing what is lawful interest, and for other purposes.
Referred to Committee on Finance.

The following privileged resolution was read and adopted:

By Senators Weekes of the 34th District and Reagan of the 35th District-
A resolution extending the privileges of the floor to the Hon. William Schley Howard of DeKalb County.

346

JouRNAL oF THE SENATE,

Senator Moore of the 47th 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 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. 20, being a bill proposing an amendment to the Constitution permitting employment of County Agricultural and County Home Economics Extension Workers.
Respectfully submitted,
MooRE, Chairman.
Senator Reagan of the 35th 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 has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 16 do pass.
Senate Bill No. 36 do pass.
Senate Bill No. 37 do pass.
Respectfully submitted,
REAGAN, Chairman.

Senator McWhorter of the 50th District, Chairman of the Committee on Education, submitted the following report:

TuEsDAY, JuLY 7, 1931.

347

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:
Senate Bill No. 6 do pass.
Re.spectfully submitted,
McWHoRTER, Chairman.

The following bills of the Senate, having been favorably reported by committees, were read the second time:

By Senators Neisler of the 23rd District, Langford of the 22nd District, and McWhorter of the 50th District-
Senate Bill No. 20. A bill being a proposal to amend the Constitution of the State of Georgia to permit employment of County Agricultural and County Home Economic Extension \Vorkers.

By Senator McKenzie of the 48th District-
Senate Bill No. 6. A bill to amend an Act to codify the school laws of the State of Georgia, and for other purposes.

By Senator Reagan of the 35th District-
Senate Bill No. 36. A bill to be entitled an Act to amend Section 4775(c) of Volume 4 of Park's Civil Code of Georgia relative to term of office of County Judges, and for other purposes.

By Senator Reagan of the 35th District-
Senate Bill No. 37. A bill to be entitled an Act to amend an Act approved September 18, 1883, incorporating the Town of McDonough, and for other purposes.

348

JouRNAL OF THE SENATE,

The following bill of the Senate, was withdrawn from the committee, read the second time, and recommitted:

By senator Dekle of the 6th District-
Senate Bill No. 8. A bill to be entitled an Act to amend Article 3, Section 2, Paragraph 1 of the Constitution of the State of Georgi<J, relating to number of Senators, Senatorial Districts, and for other purposes.

The following resolutions of the House were read the first time and referred to committees:
By Mr. Gullatt of CampbellHouse Resolution No. 18-115c. A resolution to relieve
E. J. Johnson as surety on bond. Referred to Committee on Counties and County Matters.

The following bills of the House were read the first time and referred to committees:
By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 59. A bill to be entitled an Act to amend an Act approved August 13, 1924, entitled an Act to change from the fee to the salary system in certain counties of Georgia.
Referred to Committee on Special Judiciary.

By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 58. A bill to be entitled an Act to regulate the practice upon applications for writs of certiorari before the Supreme Court and the Court of Appe?!s of Georgia.
Referred to Committee on General Judiciary No. 1.

TuEsDAY, JuLY 7, 1931.

349

By Mr. Tucker of Berrien-
House Bill No. 5. A bill to be entitled an Act to abolish the office of Tax Collector and Tax Receiver, to create the office of Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Wilson of Murray-
House Bill No. 27. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Murray, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Wilson of Murray-
House Bill No. 28. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Murray County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Edwards of Gilmer-
House Bill No. 138. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for Gilmer County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Cannon of Rockdale-
House Bill No. 71. A bill to be entitled an Act to repeal an Act entitled an Act to establish the City Court of Conyers, in and for the County of Rockdale, and for other purposes.
Referred to Committee on Special Judiciary.

350

JouRNAL OF THE SENATE,

By Mr. Tucker of Berrien-
House Bill No. 4. A bill to be entitled an Act to abolish the City Court of Nashville, in Berrien County, and for other purposes.
Referred to Committee on General Judiciary.

Senator Harris of the 18th District asked unanimous consent that 300 copies of Senate Bill No. 46 of the Special Investigating Committee on State Reorganization and 300 copies of the Auditor's Report relative to salaries, expenses, etc., of State Departments, be printed. The consent was granted.

The President announced that under a previous resolution the time had come to take up for consideration Senate Resolution No. 8, and the resolution was read the third time and put upon its passage:

By Senator Neill of the 24th District-
Senate Resolution No. 8. A reso ution 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, 1933, 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, JULY 7, 1931.

351

"Paragraph 3. The General Assembly shall meet on the first Monday in January, 1933, 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 :Jf contested elections for Governor and other officers as under present provisions of the Constitution, and the in traduction 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 Monday after the 4th of July, 1933, 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 as the Governor shall expire upon the inauguration of the Governor at the first biennial session held under the provisions hereof in January, 1933."
The Governor is hereby required at the next general election to be held on the Tuesday after the first Monday

352

JouRNAL oF THE SENATE,

in November, 1933, to submit this amendment to the people of the State for their ratification or rejection; that the form 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 m~mbers of the General Assembly, and the returns thereof be made to the Governor of the State, and should a majority of the votes cast at said election on said amendment be in favor of 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 Committee on Amendments to the Constitution moved to amend Senate Resolution No. 8, as follows:

AMENDMENT NO. 1.
Strike the word "\Vednesday" in the second line of page two of said bill and insert in lieu thereof the word "Monday."

AMENDMENT NO. 2.
Add the following proviso at the end of the first paragraph on page two of said resolution, to-wit: "Provided, further, that the General Assembly, by concurrent resolu-

TuEsDAY, JuLY 7, 1931.

353

tion adopted during said Special Session above provided for, is hereby authorized to fix a date for re-convening in regular session prior to date above provided for, in lieu of the date definitely fixed hereinabove."

The President, having requested Senator Jackson of the 14th District, President Pro Tern., to take the Chair, descended to the floor of the Senate, and m::)Ved to amend the Committee Amendment No. 2, as follows:

To strike Amendment No. 2 to Senate Resolution No.8 in its entirety, and substitute in lieu thereof the following: Add the following proviso at the end of the first paragraph on Page two of said resolution, to-wit: "Provided further, that the General Assembly, by concurrent resolution adopted by the votes of a majority of a quorum of House and Senate during said Special Session above provided for, and approved by the Governor, is hereby authorized to fix a date for re-convening in regular session prior to date above provided for, in lieu of the date definitely fixed hereinabove."

The question was on adopting Committee Amendment No. 1. The amendment was adopted.

The question was then on the adoption of Senator Neill's Amendment to Committee Amendment No. 2.

The amendment to Committee Amendment No. 2 was adopted.

The report of the committee, being favorable to the passage of the resolution, as amended, was agreed to.

The roll was called and the vote was as follows:

Th;:>se voting in the affirmative were Senators:

Adkins Alexander Beck Bennett Brock Cheatham

Clements Courson Davis Dekle Denton Duckworth

Ennis Evans Fowler Hand Harris Jackson

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JOURNAL OF THE SENATE,

Johnson
Jones Langford Lazenby
McKenzie McWhorter
Martin Moore Neisler

Nelson Nix
Perkins Peterson Pratt
Pruett Puett Reagan Richardson

Stark Strickland.
Wallace Waters
Watson Weekes
West Whitehurst

Those voting In the negative were Senators:

Horn

Tippins

On the passage of the resolution, as amended, the ayes were 44, the nays 2.

The resolution, as amended, having received the requisite constitutional majority, was passed.

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

By Senators Weekes of the 34th District, West of the 11th District, McWhorter of the 50th District, Harris of the 18th District, and Duckworth of the 7th District-
Senate Bill No.2. A bill to be entitled an Act to regulate the admission to the practice of law in this State.
Senator Watson of the 3rd District moved to amend as follows:
By Striking Section 4 of said bill in its entirety and substituting in lieu thereof the following Section 4. Be it further enacted that each applicant desiring to become a member of the bar of this State by standing the State Bar Examination herein provided for shall be a citizen of this State; of good moral character; either a graduate of an accredited four year high school or preparatory school, or possessed of a general education the equivalent of that of a graduate ofan accredited four year high school of this State;

TuEsDA~, JuLY 7, 1931.

355

and who has successfully pursued a course of law studies for a period of at least two years at an incorporated law school, or a law school connected with an incorporated college or university having a law department, or who has pursued a study of law for a period of at least three years while serving a clerkship in the office of a practising attorney. Power and authority to fix rules and regulations as to the nature and kind of examination for admission to the bar herein provided for is here by vested in the Justices of the Supreme Court of this State. The said Justices shall adopt and promulgate said rules and regulations on or before January 1, 1932, and from time to time thereafter, in their discretion, and the same shall be effective and of force from such dates.

Senator Jackson of the 14th District moved to amend, as follows:
Amend Senate Bill No.2, Section 1, by adding the following at the end thereof:
Provided, however, that the provisions of this Act shall not apply to those students of law who have already completed their first year in a law school operating under the provisions of Section 4942 of the 1910 Georgia Code.
The question was on the adoption of Senator Jackson's amendment.
The amendment was adopted.
The question was now on the adoption of Senator \Vatson's amendment:
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 34, the nays 3.

356

JouRNAL or THE SENATE,

The bill having received the requisite constitutional majority was passed.

The following privileged resolution was read and adopted:

By Senator Pratt of the 41st District-
A resolution extending the privileges of the floor to the Hon. William Butt of Fannin County.
Senator Neill of the 24th District asked unanimous consent that Senate Resolution No. 8, be immediately transmitted to the House. The consent was granted.
The President resumed the Chair.

The following bill of the Senate was read the third time, and put upon its passage:

By Senators Weekes of the 34th District, West of the 11th District, McWhorter of the 50th District, Harris of the 18th District, and Duckworth of the 7th District-
Senate Bill No. 3. A bill to be entitled an Act to regulate the practice of law and the performance of legal services, and for other purposes.
Senators Bennett of the 5th District and Strickland of the 1st District moved to amend as follows:
Amend Senate Bill No. 3, Section 1, by adding after the words "civil remedy" at the end of the second line of said Section 1, the following proviso, to-wit:
Provided, however, that nothing in this Act shall be construed to prohibit a person, association or corporation lawfully engaged in the business of conducting a merca!ltile or collection agency or adjustment bureau from employing an Attorney at Law to give legal advice concerning, or to prosecute actions in court which relate to the adjustment or collection of debts and accounts only.

TuEsDAY, juLY 7, 1931.

357

Senator Hand of the 8th District moved to amend Senate Bill No.3 as follows:
Amend Section 2 by adding at the end thereof the following language, to-wit:
Nor shall any person, firm .)r corporation be prohibited from drawing any legal instrument for another person firm or corporation providing it is done without fee and solely at the solicitation and request and under the direction of the person, firm or corporation desiring to execute such instrument.
Senator McWhorter of the 50th District moved to amend, as follows:
Provided that a title insurance company may prepare such papers as it thinks proper, or necessary, in connection with a title which it proposes to insure in order, in its opinion, for it to be willing to insure such title, where no charge is made by it for such papers.
Senator Bennett of the 5th District asked unanimous consent that the three amendments be adopted.
Senator Duckworth of the 7th District objected.
The question was on the amendment offered by Senator McWhorter of the 50th District. The amendment was adopted.
The amendment offered by Senator Hand of the 8th District was adopted.
The amendment offered by Senators Bennett of the 5th District and Strickland of the 1st District was adopted.
The President announced that the time for adjournment had arrived. He presented to the Senate United States
Senator William J. Harris who addressed the Senate.
The President announced the Senate adjourned until 10:00 o'clock tomorrow morning.

358

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,

WEDNESDAY, JuLY 8, 1931.

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.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

By unanimous consent, the following was adopted as the order of business for this session during the first part of the period of Unanimous Consents:

WEDNESDAY, JuLY 8, 1931.

359

1. Introduction of new matter.
2. Reports of Standing Committees.
3. Second reading of Senate and House bills favorably reported.
4. Third reading and passage of local and uncontested Senate and House bills.
5. First reading of House bills.

The following bills of the Senate were introduced, read the first time, and referred to committees:

By Senator Watson of the 3rd District-.
Senate Bill No. 57. A bill to authorize the creation and formation of Burial Associations, and for other purposes.
Referred to Committee on Insurance.

By Senator Martin of the 2nd District-
Senate Bill No. 58. A bill to amend paragraph 1, section 4, article 8 of the Constitution of the State of Georgia, so as to authorize the consolidation of local school districts in which one or more bond issues may be outstanding, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Senator Martin of the 2nd District-
Senate Bill No. 59. A bill to amend paragraph 1, section 4, article 8 of the Constitution of the State of Georgia, so as to authorize county boards of education in independent school districts to contract with each other for education, and for other purposes.
Referred to Committee on Amendments to the Constitution.

360

JouRNAL oF THE SENATE,

By Senator McWhorter of the 50th District-
Senate Bill No. 60. A bill to amend an Act known as the Georgia Motor Vehicle Law, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator McWhorter of the 50th District-
Senate Bill No. 61. A bill to regulate the operation of Trains, and for other purposes.
Referred to Committee on Public Utilities.

Senator Watson of the 3rd 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 the same do pass:
Senate Bill No. 26. To fix the venue of all suits in law or equity against Highway Department of Georgia.
Respectfully submitted,
WATSON, Chairman.

Senator Jackson of the 14th 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:

WEDNESDAY, JuLY 8, 1931.

361

Senate Bill No. 54 do pass. An Act creating office of Roads and Revenue, Paulding County and providing election, etc.
House Bill No. 138 do not pass. An Act creating office of Road$ and Revenue, Gilmer County.
House Resolution No. 18-115c do pass. To relieve E. J.
Johnston as surety on bond, City Court, Campbell County.
Respectfully submitted,
JACKSON, Chairman.

Senator Stark of the 43rd 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. 42. To amend an Act approved August 24, 1925, etc.
Respectfully submitted, STARK, Chairman.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
By Messrs. Gillen of Bibb, Leathers, Beaman and Lindsay of DeKalb and others-
House Bill No.7. A bill to be entitled an Act to regulate the practice of law; to prevent corporations and voluntary associations and persons other than duly licensed Attorneys from practicing law or to offer legal services; to provide

362

JouRNAL oF THE SENATE,

penalties for the violation of this Act, and for other purposes.

The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator Denton of the 38th District-
Senate Bill No. 54. A bill to be entitled an Act to create
the office of Commissioner of Roads and Revenues for the County of Paulding, and for other purp::Jses.

By Senator Pruett of the 32nd District-
Senate Bill No. 42. A bill to amend an Act approved August 24, 1925, known as Fuel Distributors.

By Senator Brock of the 44th District-
Senate Bill No. 26. A bill to be entitled an Act to fix venue of all suits in law or in equity against the Highway Department of Georgia, and for other purposes.

The following resolution of the House, favorably reported by the committee, was read the second time:

By Mr. Gullatt of Campbell-
House Resolution No. 18-115c. A resolution to relieve
Mr. E. J. Johnson as surety on bond.

The following resolution of the H:mse was read and adopted:

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Resolution No. 30. A resolution endorsing and approving the memorial to Dr. Paul Fitzsimmons Eve and providing for the appointment of a committee from the House and Senate to attend the unveiling at Augusta, Georgia in November, 1931.

\VEDNE.SDAY, JuLY 8, 1931.

363

By unanimous consent the following bills of the Senate were withdrawn from the committees, read the second time, and recommitted:

By Senator Stark of the 43rd District-
Senate Bill No. 21. A bill to amend an Act approved August 8, 1919, entitled an Act to Reorganize and Reconstitute the State Highway Department of Georgia.
By Senator Dekle of the 6th District-
Senate Bill No. 47. A bill to amend an Act establishing a Public School System for the City ofValdosta, Georgia, and for other purposes.

By unanimous consent, the following bill of the Senate was withdrawn from the Committee on Finance and recommitted to the Committee on the State of the Republic:
By Senator Puett of the 40th District-
Senate Bill No. 56. A bill to amend Section 3426 of Volume 2 of the Code of Georgia, prescribing what is lawful interest, and for other purposes.

Under the head of Unfinished Business, the following bill was taken up for consideration:
By Senators Weekes of the 34th District, West of the 11th District, Harris of the 18th District, and Duckworth of the 7th District-
Senate Bill No. 3. A bill to be entitled an Act to regulate the practice of law and the performance of legal services, and for other purposes.
The question was on agreeing to the report of the committee on the bill, as amended.

364

JouRNAL oF THE SENATE,

The report of the committee, being favorable to the bill
as amended, was agreed to.
On the passage of the bill, the ayes were 33, the nays 6.
The bill, as amended, having received the requisite constitutional majority, was passed.
Senator Duckworth of the 7th District asked unanimous
consent that Senate Bill No. 3 be immediately transmitted
to the House. The consent was granted.

The following resolution of the House was read and adopted:

By Messrs. McRae and Eckford of Fulton, and others-
House Resolution No. 31. A resolution requesting the Treasury Department of the Federal Government to specify the use of Georgia marble in the construction of the PostOffice in Atlanta.

The following bill of the Senate was read the third time and put upon its passage:
By Senator McKenzie of the 48th District-
Senate Bill No. 6. A bill to be entitled an Act to amend an Act to codify the School Laws of the State of Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following privileged resolutions were read and adopted:

WEDNESDAY, JULY 8, 1931.

365

By Senator Williams of the 27th DistrictA resolution extending the privileges of the floor to the
Hon. J. G. Faust of Greene County.

By Senator Peterson of the 15th District-
A resolution extending the privileges of the floor to the Han. G. W. Lankford of Toombs County.

By Senators Duckworth of the 7th District and Harris of the 18th District-
A resolution extending the privileges of the floor to the Hon. S. G. Miller, Dean of Young Harris College and former State Senator.

The following bill of the Senate, to amend the Constitution, was read the third time and put upon its passage:

By Senator Neisler of the 23rd District-
Senate Bill No. 20, which follows:
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,

366

JOURNAL OF THE SENATE,

and to provide for necessary sanitation, and for the collection and preservation of records of birth, death, 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 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 report of the committee, which was favorable to the passage of the bill, was agreed to.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adkins
Alexander Bennett Brock
Cheatham Courson
Davis Dekle Denton Duckworth
Evans Fowler Hand Horn Jackson

Johnson
Jones Knabb Langford Lazenby
McKenzie McWhorter Martin Moore Neisler
Nelson Nix Perkins Peterson
Pratt

Pruett
Puett Reagan
Richardson Smith Stark
Strickland Tippins
Wallace
Waters Watson Weekes West Whitehurst
Williams

WEDNESDAY, JuLY 8, 1931.

367

Those voting in the negative were Senators:

Beck

North

On the passage of the bill, the ayes were 45, the nays 2.

The bill having received the requisite constitutional majority was passed.

Senator McWhorter of the 50th District asked unanimous consent that Senate Bill No. 20 be immediately transmitted to the House.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Reagan of the 35th District-
Senate Bill No. 36. A bill to amend Section 4775(c) of Volume 4 of Park's Civil Code of Georgia.
The report of the committee having been favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 31, the nays 2.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate was read the third time, and put upon its passage:
By Senator Reagan of the 35th District-
Senate Bill No. 37. A bill to be entitled an Act to amend an Act approved September 18, 1883, incorporating the Town of McDonough, Georgia.
The report of the committee having been favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 27, the naysO.

368

JouRNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

Senator West of the 7th District moved that the Senate do now adjourn, and the motion prevailed.

The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

THURSDAY, JuLY 9, 1931.

369

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, JULY 9, 1931.
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.
The Committee on Journals reported, through Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with and the Journal was confirmed.
Senator Harris of the 18th District asked unanimous consent that the following order of business be adopted for the first part of the period of Unanimous Consents for this day's session:
1. Introduction of new matter. 2. Reports of Standing Committees. 3. Second reading of Senate and House bills favorably reported. 4. Third reading and passage of local and uncontested Senate and House bills. 5. First reading of House bills. The consent was granted.
The following bills of the Senate were introduced, read the first time, and referred to committees:

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JouRNAL OF THE SENATE,

By Senator Watson of the 3rd District-
Senate Bill No. 62. A bill to abolish the common law rule in force in the State of Georgia as to executors.
Referred to the Committee on General Judiciary No. 2.

By Senator Stark of the 43rd District-
Senate Bill No. 63. A bill to provide that all quasi public corporations of this State shall make Finance Reports to the State Auditor, and for other purposes.
Referred to Committee on Finance.

The following resolution of the Senate was read the first time and referred to the Committee on Highways and Public Roads:

By Senator Richardson of the lOth District-
Senate Resolution No. 34. A resolution authorizing the State Highway Department to pave Old Blue Springs Road in Dougherty County, and for other purposes.

The following resolution of the Senate was read and adopted:

By Senator West of the 11th District-
Senate Resolution No. 35. A resolution commending the Georgia Convention of the American Legion for its unanimous endorsement of the Hon. Edgar B. Dunlap of Gainesville, Georgia for the office of National Commander of the Legion.
The following resolution of the Senate was read:

By Senator Harris of the 18th District-
Senate Resolution No. 36. A resolution providing that the State Auditor be directed to furnish immediately to

THURSDAY, JULY 9, 1931.

371

the Senate a statement of the expenditures of each Department, Board, Bureau and a statement of fees or commissions paid by each of these Departments, Boards, and Bureaus to its attorneys-at-law; also a statement as to the status of suits at law pending.
Senator Harris of the 18th District asked unanimous consent that the resolution be taken up for consideration after the order of business adopted for the first part of the period of Unanimous Consents. The consent was gran ted.

The following privileged resolution was read and adopted:

By Senators Weekes of the 34th District and Reagan of the 35th District-
A resolution extending the privileges of the floor to the Hon. Ben B. Burgess, Deputy Clerk of the Superior Court of DeKalb County.

Senator Perkins of the 17th 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 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. 29. To amend an Act approved August 15, 1921 relative to the Governor's Staff.
Respectfully submitted,
PERKINs, Chairman.

Senator McKenzie of the 48th District, Chairman of the Committee on Public Library, submitted the following report:

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JouRNAL or THE SENATE,

Mr. President:
Your Committee on Public Library 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 Senators Pruett of the 32nd District and Pratt of the 41st District-
Senate Bill No. 43. To regulate the distribution of the Acts of the General Assembly, and for other purposes.
Respectfully submitted,
McKENZIE, Chairman.

Senator Duckworth of the 7th 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 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 Senator Duckworth of the 7th District-
Senate Bill ~o. 23. A bill to provide for the trial of all cases in the Superior Courts at the first term when no issuable defense is filed, and for other purposes.

By Senators Dekle of the 6th District and Moore of the 47th District-
Senate Bill No. 31. A bill to be entitled an Act to require and authorize Tax Collectors to accept State and County Taxes accrued against part of taxpayers property ratably for its proportion, and for other purposes.

THURSDAY, JuLY 9, 1931.

373

By Messrs. Davis, Lanham and Crawford of FloydHouse Bill No. 58. A bill to regulate writs of certiorari,
and for other purposes.
Respectfully submitted, DucKWORTH, Chairman.

Senator Johnson of the 42nd 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. 24.
Senate Bill No. 47.
Respectfully submitted,
JoHNsoN, Chairman.

Senator Moore of the 47th 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 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:

374

JouRNAL OF THE SENATE,

Senate Bill No. 8 providing for an additional Senatorial District known as the 52nd District from the 6th District, etc.
Senate Bill No. 58, to amend Paragraph 1, Section 4, Article 8 of the Constitution authorizing consolidation of School Districts and assumption of each other's bonded indebtedness.
Senate Bill No. 59, to amend Paragraph 1, Section 4, Article 8 of the Constitution authorizing County Boards of Education, Independent School Districts and Local School Districts to make certain contracts with each other, etc.
Respectfully submitted,
MooRE, Chairman.

Senator Reagan of the 35th 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 Bill No. 48. An Act relative to compensation of salary Judges of County Courts.
House Bill No. 59. An Act to change from fee to salary system in certain counties.
Respectfully submitted,
REAGAN, Chairman.

The following bills of the Senate, favorably reported by committees, were read the second time:

THuRsD'I.Y, JuLY 9, 1931

375

By Senator Reagan of the 35th District-
Senate Bill No. 48. A bill to amend Section 4775(D) of Volume 4 of Park's Civil Code of Georgia relative to salary paid Judges of County Courts and for other purposes.

By Senator Martin of the 2nd District-
Senate Bill No. 59. A bill to amend Paragraph 1, Section 4, Article 8 of the Constitution of the State of Georgia so as to authorize County Boards in independent school systems and local school districts to contract with each other for education, and for other purposes.

By Senator Martin of the 2nd District-
Senate Bill No. 58. A bill to amend Paragraph 1, Section 4, Article 8, of the Constitution so as to authorize consolidation of local school districts, and for other purposes.

By Senator Adkins of the 9th DistrictSenate Bill No. 24. A bill to create a new charter of
the City of Edison in Calhoun County.

By Senator Pruett of the 32nd District_:_
Senate Bill No. 43. A bill to regulate the distribution of the Acts of the General Assembly of Georgia, and for other purposes.

By Senator McWhorter of the 50th District-
Senate Bill No. 29. A bill to amend an Act approved August 15, 1921, and for other purposes.

By Senators Dekle of the 6th District and Moore of the 47th District-
Senate Bill No. 31. A bill to authorize Tax Collectors to accept taxes ratably, in certain cases.

376

JouRNAL oF THE SENATE,

By Senator Duckworth of the 7th District-
Senate Bill No. 23. A bill to provide for the trial of all cases in the Superior Courts at the first term when no issuable defense is filed, and for other purposes.

The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 59. A bill to amend an Act approved August 13, 1924, to authorize certain counties to change from a fee to a salary system, and for other purposes.

By Messrs. Davis, Lanham, and Crawford of FloydHouse Bill No. 58. A bill to regulate writs of certiorari.

The following bill of the Senate was read the third time, and put upon its passage:

By Senator Dekle of the 6th DistrictSenate Bill No. 47. A bill to amend an Act establishing
a public school system for the City of Valdosta, 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 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Senator Denton of the 38th District-
Senate Bill No. 54. A bill to create the office of Commissioner of Roads and Revenues of Paulding County, and for other purposes.

THuRsDAY, JuLY 9, 1931.

377

The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the House was read the first time and referred to the Committee on General Judiciary No. 1:

By Messrs. Gillen of Bibb and Beaman of DeKalb-
House Bill No. 7. A bill to regulate the practice of law, and for other purposes.

The following bill of the House was unfavorably reported by the committee:

By Mr. Edwards of Gilmer-
House Bill No. 138. A bill to create the office of Commissioner of Roads and Revenues for Gilmer County, and for other purposes.
Pursuant to a motion made previously during this Session, Senate Resolution No. 36 was taken up for consideration. To-wit: Requesting heads of departments to furnish information called for by State Auditor.
The question was on the adoption of the resolution. The resolution was adopted.
Senator Jones of the 51st District asked unammous consent that Senate Bill No. 11 be withdrawn from committee, read the second time, and recommitted. The consent was granted.

The following bill of the Senate, being a bill to amend the Constitution, was read the third time and put upon its passage:

378

JouRNAL OF THE SENATE,

By Senator Dekle of the 6th District-
. Senate Bill No. 8. A bill to amend Article 3, Section 2, Paragraph 1, of the Constitution of the State of Georgia which relates to the number of Senators, Senatorial Districts, and for other purposes.
Senator Pratt of the 41st District moved that consideration of Senate Bill No. 8 be postponed until August 1st next.
Senator Dekle of the 6th District moved that the bill be tabled, and this motion was adopted.

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

By Senator Brock of the 44th District-
Senate Bill No. 26. A bill to fix venue of all suits at law or equity against the Highway Department, 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 38, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Brock of the 44th District asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.

The following privileged resolution was read and adopted:
By Senator West of the 11th DistrictA resolution extending the privileges of the floor to Mrs.
W. M. Whitehurst, the charming wife of Senator Whitehurst of the 21st District.

THuRsDAY, JuLY 9, 1931.

379

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

By Senator Pruett of the 32nd District-
Senate Bill No. 42. A bill to amend an Act approved August 24, 1925 known as Fuel Distributors.
Senator Williams of the 27th District moved to table the bill, and the motion prevailed.

The following privileged resolution was read and adopted:

By Senator Smith of the 30th District-
A resolution extending the privileges of the floor to the following distinguished citizens of Elbert County, the Hon. Raymonde Stapleton, Judge of the City Court of Elberton, the Hon. Boozer Payne, Solicitor of the City Court, and to the Hon. Harry G. Thornton.

The following resolution of the House was read the third time and put upon its passage:

By Mr. Gullatt of Campbell-
House Resolution No. 18-115c. A resolution to relieve
Mr. E. J. Johnson 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 received the requisite constitutional majority was passed.

Senator Harris of the 18th District asked unanimous consent that Senate Bill No. 42 be taken from the table.
Senator Williams of the 27th District objected.

380

JouRNAL or THE SENATE,

Senator Harris of the 18th District moved that the bill be taken from the table, and the motion prevailed.
The question was now upon agreeing to the report of the committee.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Dekle of the 6th District, moved to take from the table Senate Bill No. 8. The motion was lost.
Upon motion to adjourn, the President announced the Senate stood adjourned until 10:00 o'clock tomorrow mornmg.

The President of the Senate administered the oath of office to the following assistants of the Secretary of the Senate:
Henry N. Nevin, of Fulton County, Message Clerk.
Lake J. Beck, of Carroll County, Engrossing Clerk.
W. B. Quillian, of Bartow County, Proof Reader, who succeeded D. F. Martin, Jr., Mr. Martin having been appointed an Engrossing Clerk.
Carter C. Peterson, of Montgomery County, Proof Reader.

FRIDAY, JuLY 10, 1931.

381

SENATE CHAMBER, ATLANTA, GA., FRmAY, JuLY 10, 1931.

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.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported, through Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

By unanimous consent, the following was adopted as the order of business for this session, during the first part of the period of Unanimous Consents:

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JouRNAL oF THE SENATE,

1. Introduction of new matter.
2. Reports of Standing Committees.
3. Second reading of Senate and House bills favorably reported.
4. Third reading and passage of local and uncontested Senate and House bills.
5. First reading of House bills.

The following privileged res::>lutions were read and adopted:

By Senators Weekes of the 34th District and West of the 11th District-
A resolution extending the privileges of the floor to Mrs.
J. L. Horn, wife of the Senator from the 12th District.

By Sen a tors Weekes of the 34th District and West of the 11th District-
A resolution extending the privileges of the floor to the Han. Julian C. Evans of Warren County, father of the Senator from the 19th District.

By Senators Harris of the 18th District and Duckworth of the 7th District-
A resolution extending the privileges of the floor to the Hon. E. D. Rivers of Lakeland, Ga.

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to the Hon. John 0. Moore of Hancock County.

By Senator Duckworth of the 7th District-
A resolution extending the privileges of the floor to the Hon. J. Q. Smith of Cairo, Ga.

FRIDAY, JuLY 10, 1931.

383

The following bills of the Senate were read the first time and referred to committees:

By Senator Dekle of the 6th District-
Senate Bill No. 64. A bill to be entitled an Act to authorize the Board of Trustees of the Georgia State \Vomans College at Valdosta to borrow money for the operation of the College, and for other purposes.
Referred to Committee on University of Georgia and its Branches.

By Senators Weekes of the 34th District and Reagan of the 35th District-
Senate Bill No. 65. A bill to be entitled an Act creating Atlanta Sanitary District, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Strickland of the 1st District-
Senate Bill No. 66. A bill to be entitled an Act to amend an Act approved August 23, 1927 being an Act to amend the Georgia Motor Vehicle Law, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senator Martin of the 2nd District-
Senate Bill No. 67. A bill to abolish the office of Tax Receiver and Tax Collector of Liberty County; to create the office of County Tax Commissioner of Liberty County, and for other purposes.
Referred to Committee on Counties and County Matters.

Senator Strickland of the 1st District, Chairman of the Committee on Game and Fish, submitted the following report:

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JouRNAL oF THE SENATE,

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:
Senate Bill No. 16 do pass. By Senator Watson of the 3rd District, to-wit: To prohibit the use of seins, etc.
Senate Bill No. 10 do pass as amended. By Senator Watson of the 3rd District, to-wit: To abolish office of County Game Warden.
Respectfully submitted,
STRICKLAND, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House, to-wit:
By Mr. Carlisle of Bibb-
House Bill No. 11. A bill to be entitled an Act to amend paragraph 5 of section 3931 of the Code of 1910 so as to eliminate certain inequalities in the inheritance of the intestate's brothers and sisters of the half-blood t') provide for their share of the inheritance, and for other purposes.
By Mr. Musgrove of Clinch-
House Bill No. 132. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Clinch, and for other purposes.
By Mr. Davis of Troup-
House Bill No. 114. A bill to be entitled an Act to amend the charter of the City of Hogansville, and for other purposes.

FRIDAY, JuLY 10, 1931.

385

By Mr. Cain of Crisp-
House Bill ~o. 106. A bill to be entitled an Act to amend an Act providing for a new charter for the City of Cordele, and for other purposes.

By Mr. Musgrove of Clinch-
House Bill No. 1:31. A bill to be entitled an Act to repeal an Act establishing the Board of Commissioners of Roads and Revenues for the County of Clinch, and for other purposes.

By Mr. Pope of Toombs-
Hause Bill No. 231. A bill to be entitled an Act to establish the City Court of Lyons in and for the County of Toombs, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requtslte constitutional majority the following bills of the House, to-wit:

By Mr. Musgrove of Clinch-
House Bill No. 134. A bill to be entitled an Act to abolish the office of Tax Collector and Tax Receiver for the County of Clinch to create the office of Tax Commissioner, and for other purposes.

By Mr. Morris of Atkinson-
House Bill No. 74. A bill to be entitled an Act to change the time of convening of the Superior Court in the County of Atkinson, and for other purposes.

386

JouRNAL oF THE SENATE,

By Mr. Musgrove of Clinch-
House Bill No. 133. A bill to be entitled an Act to repeal Clinch County Primary Laws as passed by 1929 Legislature.

By Mr. Pope of Toombs and others-
House Bill No. 13. A bill to be entitled an Act to propose an amendment to the Constitution of Georgia, Article 2, Section 1, Paragraph 3, to allow persons to vote upon payment oF poll tax.

By Mr. Harris of Terrell-
House Bill No. 62. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Terrell, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqU!stte constitutional majority the following bills of the House, to-wit:
By Messrs. Peebles and McElreath of BartowHouse Bill No. 210. A bill to be entitled an Act to
amend an Act incorporating the City of Cartersville, and for other purposes.
By Messrs. Griffin and Simmons of DecaturHouse Bill No. 85. A bill to be enti tied an Act to a-
mend an Act entitled "An Act to incorporate the Town of Attapulgus, in Decatur County Georgia," and for other purposes.

FRIDAY, JULY 10, 1931.

387

By Mr. Williams of Emanuel-
House Bill No. 211. A bill to be entitled an Act to amend the Charter of the City of Swainsboro, and for other purposes.

By Mr. Purdy of Spalding-
House Bill No. 95. A bill to be entitled an Act to amend the charter of the City of Griffin, and for other purposes.

By Mr. Gary of Quitman-
House Bill No. 161. A bill to be entitled an Act to change the time of convening of Quitman County Superior Court, and for other purposes.

By Mr. Townsend of Dade-
House Bill No. 41. A bill to be entitled an Act to amend, codify, consolidate and establish a new charter for the town of Trenton.

By Messrs. McRae and Eckford of Fulton and others-
House Bill No. 21. A bill to be entitled an Act to prohibit the use of the Court House Building and Grounds to other than for Public, Political and Charitable purposes in Counties whose population is more than 200,000.

By Mr. Scarbrough of Polk-
House Bill No. 23. A bill to be entitled an Act to amend Section 1 of an Act creating the City Court of Polk County.

By Mr. Scarbrough of Polk-
House Bill No. 24. A bill to be entitled an Act to amend the Act creating the City Court of Polk County.

388

JouRNAL OF THE SENATE,

By Mr. Edwards of Gilmer-
House Bill No. 158. A bill to be entitled an Act to consolidate the offices of Tax-Receiver and Tax-Collector of Gilmer County, and for other purposes.

By Mr. Dixon of Pierce-
House Bill No. 209. A bill to be entitled an Act to abolish the office of Tax Collector and Tax Receiver of Pierce County and to establish in lieu thereof the office of Tax Commissioner, and for other purposes.

By Messrs. Graham, Nelson, and Brinson of Laurens-
House Bill No. 56. A bill to be entitled an Act to amend an Act incorporating the Town of Dudley, and for other purposes.

The following bill of the Senate, favorably reported by the committee, as amended, was read the second time:

By Senator Watson of the 3rd District-
Senate Bill No. 10. A bill to be entitled an Act to abolish the office of County Game Warden.

The following bill of the Senate, favorably reported by the committee, was read the second time:

By Senator Watson of the 3rd District-
Senate Bill No. 16. A bill to be entitled an Act to prohibit the use of seines, and for other purposes.

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

By Senator Adkins of the 9th DistrictSenate Bill No. 24. A bill to create a new charter for
the City of Edison in Calhoun County.

FRIDAY, JULY 10, 1931.

389

The report of the committee, which was fav')rable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate was withdrawn from the committee, read the second time, and recommitted:

By Senator Beck of the 37th District-
Senate Bill No. 25. A bill to consolidate the office of Tax Receiver and Tax Collector of Carroll County.
Senator Harris of the 18th District m:)Ved that when the Senate adjourns today, it stand adjourned until Monday morning at 11:00 o'clock. The motion was adopted.
Pursuant to the resolution relating to the unveiling of the monument to Dr. Paul Fitzsimmons Eve, at Augusta, Ga., Senate Resolution No. 32, the President appointed the following Senators as a committee on the part of the Senate, to-wit:
Senators Evans of the 19th District, Harris of the 18th District, Hand of the 8th District, Dekle of the 6th District, Pratt of the 41st District, Davis of the 31st District, 1\IcWhorter of the 50th District, Ennis of the 20th District, Perkins of the 17th District, Waters of the 46th District.

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

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JouRNAL oF THE SENATE,

By Senator Duckworth of the 7th DistrictSenate Bill No. 23. A bill to provide for the trial of all
cases in the Superior Courts at the first term when no issuable defense is on file, and for other purposes.
The question was on the report of the committee, which was favorable to the passage of the bill.
The report of the committee was disagreed to, and the bill was lost.
The ayes were 10, the nays 30.

The following bill of the Senate was read the third time, and put upon its passage:

By Senator Mc\Vhorter of the 50th DistrictSenate Bill ~o. 29. A bill to amend an Act approved
August 15, 1921 relating to the Reorganization of the Military Forces of the State, 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 38, the nays 1.
The bill having received the requisite constitutional majority was passed.

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

By Senators Dekle of the 6th District and Moore Jf the 47th District-
Senate Bill No. 31. A bill to authorize and require Tax Collectors to accept State and County Taxes accrued against part of Tax payers property ratably for its proportion, and for other purposes.
Senator Reagan of the 35th District moved to amend as follows:

FRIDAY, JULY 10, 1931.

391

That provisions of the Act shall likewise apply to Municipalities in respect to City Taxes the same as State and County Taxes, and the governing officials of said Municipality shall have the right and authority to apportion and prorate taxes on properties subject to City Taxation in same manner as the Tax Collector or Tax Commissioner is authorized and empowered herein as to State and County Taxes.

Senator Harris of the 18th District offered the following substitute:
A BILL
To be entitled an Act to amend Section 883 of the Code of 1910, Park's Code Section 1140, so as to allow the owner or the holder of any equity, lien or interest in or on property that has been returned or assessed with other property for taxes, to pay the taxes assessed against such property, to secure a release of same from such lien for taxes; to require the official charged with the collection of taxes to accept payment and execute a release of said property from said lien and to provide a fee for such service and pay funds collected to a transferee, if any, 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 on and after the passage of this Act, Section 883 of the Code of 1910, Park's Code Section 1140, be and the same is hereby amended by adding to the end of said section certain words and provisions so that said section when so amended shall read as follows:
Taxes shall be paid before any other debt, lien or claim whatsoever, and the property returned or held at the time of giving in, or after, is always subject, provided, however, that the owner, or the holder of any equity, lien or interest

392

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in or on the property that has been returned or assessed with other property for taxes shall be allowed to pay the taxes assessed against such property, (a) when listed separately by the owner or assessor as shown on the tax digest according to the valuation thereof, (b) the proportionate part of the taxes represented by such property when it is not returned or assessed separately, according to valuation in the return or assessment, and the official charged with the collection of taxes in this State or for any subdivision of this State shall be required to accept payment of said taxes when tender is made as provided herein, shall issue a receipt showing such payment and shall execute a release of said property from such lien for taxes, it being the duty of such official to pay such funds received to the transferee of said tax lien, if any, and the official accepting said payment and releasing said property under this Act shall be paid a fee of fifty cents for issuing said receipt and release.

Section 2. Be it further enacted that all laws and parts

of law in conflict with this Act be and the same are hereby

re~~~-

.

Senator Ennis of the 20th District, asked unanimous consent, after the amendment and substitute had been read, that further consideration of the bill be IXJStponed until Tuesday morning and that :300 copies of the bill with amendment and substitute be printed.

The consent was granted.

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

By Senator Pruett of the 32nd District-
Senate Bill No. 43. A bill t0 regulate the distribution of the Acts of the General Assembly, and for other purposes.

FRIDAY, JuLY 10, 1931.

393

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Peterson of the 15th District, Chairman of the Committee on the State of the Republic, submitted the following report:
Mr. President:
Your Committee on the 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,
PETERSON, Chairman.

The following resolution, favorably reported by the committee on the State of the Republic, was read and adopted:
By Senators Williams of the 27th District, Evans of the 19th District, and Perkins of the 17th District-
Senate Resolution No. 30. A res::>lution that the House of Repres'entatives at its extraordinary session appointed a committee to investigate and offer reorganization of the State Government and whereas this committee has devoted all its time to the Executive Branch of the Government:
Therefore, be it resolved that the President of the Senate appoint a committee of three to investigate the Judicial

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JouRNAL oF THE SENATE,

and Legislative branches of the Government and make report to this body in twenty days.

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

By Senator Reagan of the 35th District-
Senate Bill No. 48. A bill to be entitled an Act to amend section 4775 (d) of volume 4 of Parks Civil Code, relative to salary paid Judges of County Courts, 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 34, and nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate, proposing an amendment to the Constitution 0f the State of Georgia, was read the third time and put upon its passage:

By Senator Martin of the 2nd District-
Senate Bill No. 58.
A BILL
To be entitled an Act to amend Paragraph 1, Section 4, Article 8, of the Constitution of the State of Georgia so as to authorize the consolidation of local school districts in which one or more bond issues may be outstanding, and to provide that the districts as consolidated may assume such indebtedness, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that Paragraph 1, Section 4, Article 8, of the Con-

FRIDAY, JuLY 10, 1931.

395

stitution of the State of Georgia be and the same is hereby amended as follows; by adding at the end of said paragraph the following: Provided also, that authority is hereby given to two or more local school districts, any one or more of which may have incurred a bonded indebtedness, to consolidate upon the condition that such bonded indebtedness outstanding shall be assumed by the entire district as consolidated, provided, however, before such consolidation shall become effective the same shall be approved by the vote of two thirds of the qualified voters of each district affected at separate elections held for that purpose on the recommendations of the respective boards of trustees under the same terms and conditions as to advertisement as bond elections by school districts, the tickets for said elections to have written or printed thereon "For Consolidation with Bonded District" or "Against Consolidation with Bonded District;" and in the event said elections result in favor of said consolidation, the result shall be so declared by the Boards of Trustees of said Districts, and thereafter, the indebtedness outstanding against any one or more of said districts shall be a valid outstanding indebtedness of the district as consolidated and taxes for the payment of said indebtedness shall be levied accordingly.
Section 2. Be it further enacted that if this Constitutional amendment shall be agreed to by two thirds of the members elected to each of the two Houses of this General Assembly, and shall be entered on the Journals of each House, with the ayes and nays recorded as taken thereon, the Governor is hereby directed to cause the said proposed amendment to be published in one or more of the newspapers in each Congressional District for two months previous to the time of holding 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 providing for t:onsolidation of local school districts where bonds have been voted" or "Against Ratification of Amendment to

396

JouRNAL OF THE SENATE,

Paragraph 1, Section 4, Article 8 of the Constitution providing for consolidation of local school districts where bonds have been voted." And if a majority of said electors voting at said general election qualified to vote for members of the General Assembly shall ratify this proposed amendment to the Constitution of this State, then said Paragraph 1, Section 4, Article 8 shall be amended as above, and the Governor shall make proclamation thereof.

Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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:

Those voting in the affirmative were Senators:

Adkins Alexander Beck Bennett Brock Clements Courson Dekle Denton Ennis Evans Hand Horn Jackson

Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst

Those voting in the negative were Senators:

Duckworth

Harris

Richardson

On the passage of the bill, the ayes were 41, the nays 3.

The bill having received the requisite two-thirds constitutional majority was passed.

FRIDAY, JuLY 10, 1931.

397

The following bill of the Senate, proposing an amendment to the Constitution of the State of Georgia, was read the third time and put upon its passage:

By Senator Martin of the 2nd DistrictSenate Bill No. 59.

A BILL
To be entitled an Act to amend Paragraph 1, Section 4, Article 8 of the Constitution of the State of Georgia so as to authorize County Boards of Education, Independent School Systems, and Local School Districts to contract with each other for the education, transportation, and care of children of school age, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that Paragraph 1, Section 4, Article 8 of the Constitution of the State of Georgia be and the same is hereby amended as follows; by adding at the end of said paragraph the following: "Provided, however, County Boards of Education, Independent School Systems, and Local School Districts rna y con tract with each other for the education, transportation, and care of children of school age."
Section 2. Be it further enacted that if this Constitutional amendment shall be agreed to by two thirds of the members elected to each of the two Houses of this General Assembly, and shall be entered on the Journals of each House, with the ayes and nays recorded as taken thereon, the Governor is hereby directed to cause the said proposed amendment to be published in one or more of the newspapers in each Congressional District for two months previous to the time of holding the next general election, and the voters shall have written or printed on their tickets, "For Ratification of Amendment to Paragraph 1, Section

398

JouRNAL oF THE SENATE,

4, Article 8 of the Constitution authorizing County Boards of Education, Independent School Systems, and Local School Districts to con tract with each other," or "Against Ratification of Amendment to the Constitution, Paragraph 1, Section 4, Article 8, authorizing County Boards of Education, Independent School Systems, and Local School Districts to contract with each other." And if a majority of said electors voting at said general election qualified to vote for members of the General Assembly shall ratify this proposed amendment to the Constitution of this State, then said Paragraph 1, Section 4, Article 8 of the Constitution shall be amended as above and the Governor shall make proclamation thereof.

Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
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:

Those voting in the affirmative were Senators:

Adkins Alexander Beck Bennett Brock Clements Dekle Denton Ennis Evans Fowler Hand Harris Jackson

Johnson Jones Langford Lazenby McKenzie McWhorter Martin Moore Nelson Nix North Peterson Pratt Pruett

Puett Reagan Richardson Smith Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams

Voting in the negative was Senator:

Duckworth

FRIDAY, JuLY 10, 1931.

399

On the passage of the bill, the ayes were 41, the nays 1.
The bill having received the requisite two-thirds majority was passed.

The following bill of the House was read the third time, and put upon its passage:

By Messrs. Da_vis, Lanham, and Crawford of Floyd-
House Bill No. 58. A bill to regulate writs of certiorari, 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 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the House was read the third time, and put upon its passage:

By Messrs. Davis, Crawford, and Lanham of Floyd-
House Bill No. 59. A bill to amend an Act approved August 13, 1924, to change from a fee to a salary system, 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following communication was read and referred to the Committee on the State of the Republic:
A communication from the Board of Trustees of the Masonic Orphans Home of Georgia, requesting the General

400

JouRNAL OF THE SENATE,

Assembly not to discontinue the work now done by the Department of Public Welfare.

Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion was adopted.

The President announced that the Senate stood adjourned until 11:00 o'clock Monday morning.

MoNDAY, JULY 13, 1931.

401

SENATE CHAMBER, ATLANTA, GA.,

MoNDAY, JuLY 13, 1931.

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

In the absence of the Chaplain, prayer was offered by Sena tor Langford of the 22nd District.

The rcill was called and the following Senators answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of last Friday's proceedings had been examined and found correct.

Senator McKenzie of the 48th District asked unanimous consent that the reading of the Journal be dispensed with, and the Journal was confirmed.

Senator Harris of the 18th District asked unanimous consent that the following be adopted as the order of

402

JouRNAL oF THE SENATE,

business for this session, during the first part of the period of Unanimous Consents:
1. Introduction of new matter.
2. Reports of Standing Committees.
3. Second reading of Senate and House bills favorably reported.
4. Third reading and passage of local and uncontested Senate and House bills.
5. First reading of House bills.
The consent was granted.

The following bills of the Senate were read the first time and referred to committees:

By Senator Williams of the 27th District-
Senate Bill No. 68. A bill to be entitled an Act to amend an Act to provide for a Charter for the City of Monroe, Georgia.
Referred to Committee on Corporations.

By Senator Williams of the 27th District-
Senate Bill No. 69. A bill to abolish the office of Tax Receiver and Tax Collector of \Valton County; to create the office of Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senators McWhorter of the 50th District and West of the 11th District-
Senate Bill No. 70. A bill to create a State Bureau of Criminal Identification and Investigation, and for other purposes.
Referred to Committee on State of the Republic.

MoNDAY, JuLY 13, 1931.

403

By Sena tor West of the 11th District-
Senate Bill No. 71. A bill to be entitled an Act to amend an Act known as the Georgia \Vorkmen's Compensation Act, approved August 17, 1930, and for other purposes.
Referred to Committee on Commerce and Labor.

By Senator McKenzie of the 48th District-
Senate Bill No. 72. A bill to require Commissioners of Roads and Revenues, or other officers con trolling the finances of counties, to designate some Bank or Banks so designated to give surety bond, and for other purposes.
Referred to Committee on State of the Republic.

By Senator Hand of the 8th District-
Senate Bill No. 73. A bill to abolish the office of Tax Receiver and Tax Collector of Mitchell County; to create the office of Tax Commissioner of Mitchell County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Hand of the 8th District-
Senate Bill No. 74. A bill to be entitled an Act to amend an Act to establish City Court of Pelham in the Town of Pelham, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Hand of the 8th DistrictSenate Bill No. 75. A bill to abolish the office of County
Treasurer of the County of Mitchell, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Hand of the 8th DistrictSenate Bill No. 76. A bill to be entitled an Act to amend

404

JouRNAL oF THE SENATE,

an Act entitled an Act to establish City Court of Camilla in the County of Mitchell, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Hand of the 8th District-
Senate Bill No. 77. A bill to require county police in certain counties to return criminal warrants to Sheriffs of said counties, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Pruett of the 32nd District-
Senate Bill No. 78. A bill being a proposal to the voters of Georgia to amend Paragraph 1, Section 1, Article 7, of the Constitution ratified November 2, 1920, relative to pensions to widows of Confederate Soldiers.
Referred to Committee on Amendments to the Constitution.

The following resolution was read, and ordered to lay on the table for one day under Rule No. 107:
By Senators Harris of the 18th District and West of the 11th District-
Senate Resolution No. 37. A resolution that the President of the Senate and Speaker of the House each appoint five outstanding citizens to study and survey the University- of Georgia and its Branches and report to this body within thirty days its recommendation as to a reorganization of the University system within this State.

The following joint resolution of the Senate was read, and under Rule No. 107 was ordered to lay on the table for one day:

MoNDAY, JuLY 13, 1931.

405

By Senator West of the 11th District-
Senate Resolution No. 38. A resolution that the presiding officers of the Senate and House, respectively, appoint a committee of two from the Senate and three from the House~ and that they together with said presiding officers confer with the State Highway Board and prepare an amendment to the Neill-Traylor Highway Act of 1929 and submit the proposed amendment to the present legislature.

Senator Courson of the 16th 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 following recommendation:

By Senators Neill of the 24th District and Harris of the 18th District-
Senate Resolution No. 31. To investigate the operation of the electric fans installed in the Hall of the House of Representatives and in the Senate Chamber pursuant to a resolution adopted by the General Assembly at the Extraordinary Session of 1931.
The Committee on Public Property has made the authorized investigation and find that the operation of the fans is satisfactorv. The committee recommends that the fans should b~ paid for by an appropriation bill for that purpose, and in the amount of $3,160.94, which said sum covers the cost of the fans in both House and Senate, the Senate's portion of the total sum being :n;1,264.37.
Respectfully submitted, CouRSON, Chairman.

406

JouRNAL oF THE SENATE,

The report of the Committee on Public Property was adopted.

The following bills of the House were read the first time and referred to committees:

By Mr. Carlisle of Bibb-
House Bill No. 11. A bill to amend Paragraph 5 of Section 3931, of the Code of 1910, relative to inheritance of the intestates brothers and sisters of the half blood, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Mr. Pope of Toombs and others-
House Bill No. 13. A bill proposing an amendment to the Constitution, Article 2, Section 1, Paragraph 3 to allow persons to vote upon payment of poll tax.
Referred to Committee on Amendments to the Constitution.

By Messrs. McRae and Eckford of Fulton-
House Bill N :l. 21. A bill to prohibit the use of the Court House Grounds and Building for other than Public, Political and Charitable purposes, in certain counties.
Referred to Committee on Counties and County Matters.

By Mr. Scarbrough of Polk-
House Bill No. 2:3. A bill to amend Section One of an Act creating the City Court of Polk County.
Referred to Committee on Special Judiciary.

By Mr. Scarbrough of Polk-
House Bill No. 24. A bill to amend the Act creating the City Court of Polk County.
Referred to Committee on Special Judiciary.

MoNDAY, JuLY 13, 1931.

407

By Mr. Townsend of Dade-
House Bill No. 41. A bill to amend, codify, consolidate and establish a new charter for the Town of Trenton.
Referred to Committee on Corporations.

By Messrs. Graham, Nelson, and Brinson of LaurensHouse Bill No. 56. A bill to amend an Act incorporat-
ing the Town of Dudley, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Harris of Terrell-
House Bill No. 62. A bill to amend an Act to create Board of Commissioners of Roads and Revenues for. the County of Terrell, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Morris of Atkinson-
House Bill No. 74. A bill to change the time of convening of the Superior Court in the County of Atkinson, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Griffin and Simmons of Decatur-
House Bill No. 85. A bill to amend an Act entitled An Act to incorporate the Town of Attapulgus in Decatur County, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Purdy of Spalding-
House Bill No. 95. A bill to amend the Charter of the City of Griffin, and for other purposes.
Referred to Committee on Corporations.

408

JouRNAL OF THE SENATE,

By Mr. Cain of Crisp-
House Bill No. 106. A bill to amend an Act providing for a new Charter for the City of Cordele, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Davis of Troup-
House Bill No. 114. A bill to amend the Charter of the City of Hogansville, and for other purposes.
Referred to Committee on Corporations.

By Mr. Musgrove of Clinch-
House Bill No. 131. A bill to repeal an Act establishing the Board of Commissioners of Roads and Revenues for Clinch County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Musgrove of Clinch-
House Bill No. 132. A bill to create a Board of Commissioners of Roads and Revenues for the County of Clinch, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Musgrove of Clinch-
House Bill No. 133. A bill to repeal Clinch County laws as passed by 1929 Legislature.
Referred to Committee on Counties and County Matters.

By Mr. Musgrove of Clinch-
House Bill No. 134. A bill to abolish the office of Tax Receiver and Tax Collector of Clinch County; to create

MoNDAY, JuLY 13, 1931.

409

the office of Tax Commissioner of Clinch County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Edwards of Gilmer-
House Bill No. 158. A bill to consolidate the offices of Tax Receiver and Tax Collector of Gilmer County, and for other purposes.
Referred to Committee on Counties and County J\Iatters.

By Mr. Gary of Quitman-
House Bill No. 161. A bill to change the time of convening of Quitman County Superior Court, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Dixon of Pierce-
House Bill ?\fo. 209. A bill to abolish the office of Tax Collector and Tax Receiver of Pierce County; to establish the :lffice of Tax Commissioner, and for other purp::lses.
Referred to Committee on Counties and County :Yiatters.

By Messrs. Peebles and McElreath of Bartow-
House Bill No. 210. A bill to amend an Act incorporating the City of Cartersville, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Williams of Emanuel-
House Bill No. 211. A bill to amend the Charter of the City of Swainsboro, and for other purposes.
Referred to Committee on Corporations.

410

JouRNAL oF THE SENATE,

By Mr. Pope of Toombs-
Hause Bill No. 231. A bill to establish the City Court of Lyons in and for the County of Toombs, and for other purposes.
Referred to Committee on Special Judiciary.

The following bill of the Senate was read the first time and referred to the Committee on Privileges and Elections:

By Senator Reagan of the 35th District-
Senate Bill No. 79. A bill to amend the laws relative to the registration of voters in Counties containing any part of a City of more than 200,000 population, and for other purposes.
Senator Brock of the 44th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Corporations and referred to the Committee on Municipal Government. The consent was gran ted.

By Mr. Townsend of Dade-
House Bill No. 41. A bill to amend, codify and consolidate and establish a new Charter for the Town of Trenton.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:

MoNDAY, JuLY 13, 1931.

411

By Mr. Fagan of Peach-
House Bill No. 39. A bill to be entitled an Act to fix
the salary of the Solicitor-General of the Macon Tudicial
Circuit, and for other purposes.
By Mr. Bush of Miller-
House Bill No. 50. A bill to be entitled an Act to amend an Act entitled An Act to amend an Act approved August 8, 1908, creating and establishing the City Court of Miller County and for other purposes.
By Mr. Morris of Atkinson-
House Bill No. 73. A bill to be entitled an Act to repeal an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Atkinson, and for other purposes.

By Mr. Morris of Atkinson-
House Bill No. 75. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues in the County of Atkinson, and for other purposes.

By Messrs. Musgrove of Clinch and Culpepper of Echols-
Hause Bill No. 101. A bill to be entitled an Act to prohibit fishing except in certain ways in Clinch and Echols Counties, and for other purposes.

By Mr. Beasley of Tattnall-
House Bill No. 107. A bill to be entitled an Act to amend an Act to incorporate the City of Cobbtown,. and for other purposes.

By Mr. Beasley of TattnallHouse Bill No. 108. A bill to be entitled an Act ex-

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JouRNAL oF THE SENATE,

eluding road duties in certain Counties, and for other purposes.

By Mr. James of Jones-
House Bill No. 123. A bill to be entitled an Act to amend an Act creating the City Court of Gray, for the County of Jones, and for other purposes.

By Mr. James of Jones-
House Bill No. 124,. A bill to be entitled an Act providing that the Alternative Road Law shall not apply to certain Counties, and for other purposes.

By 1\Ir. Brown of Greene-
House Bill No. 125. A bill to be entitled an Act to amend the Charter of the City of White Plains in the County of Greene, and for other purposes.

By Mr. Horne of Lee-
House Bill No. 135. A bill to be entitled an Act to abolish the City Court of Leesburg in the County of Lee, and for other purposes.

By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill ~o. 171. A bill to be entitled an Act creating a new Charter for the City of Columbus, and for other purposes.

Bv 1\Iessrs. Bean and Dorsett of Carroll-
House Bill No. 174. A bill to be entitled an Act to amend an Act to establish a City Court in the City of Carrollton, and for other purposes.

By Mr. Hampton of Fannin-House Bill No. 191. A bill to be entitled an Act to

MoNDAY, JuLY 13, 1931.

413

amend an Act for the protection of birds, fish, game and fur-bearing animals, and for other purposes.

By Messrs. Rosser and Hutcheson of Walker-
House Bill No. 10. A bill to be entitled an Act to amend the Code relative to taxes for County purposes m certain counties, and for other purposes.

By Messrs. Andrews of Crawford, Lord of Jackson, Evans of McDuffie, Shirley of Milton, and King of Clay-
House Resolution No. 44. A resolution to use cotton paper except in certain instances, and for other purposes.

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

By Senator Watson of the 3rd District-
Senate Bill No. 10. A bill to abolish the office of County Game \Varden, and for other purposes.
Senator Fowler of the 39th District offered the following amendment:
By striking Section 6 in its entirety, and substituting therefor the following:
Be it further en acted by the authority aforesaid, that a license shall be issued to a person permitting him to hunt in his own resident County upon the payment of a fee of one dollar; a license authorizing a resident of this State to hunt throughout this State shall be issued upon the payment of a fee of Three Dollars and Twenty-five cents, provided, that before any person shall be entitled to purchase a resident hunting license, he shall have been a bona fide resident of the State of Georgia for a period of six months prior to the date such license is applied for; a nonresident of Georgia may procure a license to hunt in any one County of this State upon the payment of a fee of

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Ten Dollars; a non-resident of the State of Georgia may procure a license authorizing him to hunt throughout the State upon the payment of a fee of Twenty-five Dollars. The Ordinary or other person issuing such licenses shall be entitled to receive the following fees which he is authorized to deduct in remitting to the Game and Fish Commissioner to cover licenses sold by him, to-wit: for tssuing each County hunting license, fifteen cents; for tssmng each State hunting license, twenty-five cents; for tssutng each non-resident County license, one dollar; for tssumg each non-resident State-wide license Two Dollars. Said Ordinary or other person issuing such licenses shall, not later than the 5th of each month, remit to the Game and Fish Commissioner all monies received from the sale of licenses herein prescribed or other monies of the Game and Fish Department coming into his possession less the amount of the lawful fees and otherwise account for all licenses issued to him during the preceding month, and shall at any time give a complete account of and return of all unsold licenses upon demand of the Commissioner.
Senator Fowler of the 39th District asked unanimous consent that further consideration of the bill b~ p::>stponed until after Unfinished Business on Wednesday, July 22nd next, and that 300 copies of the bill and amendment be printed. The consent was granted.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Watson of the 3rd DistrictSenate Bill No. 16. A bill to prohibit the use of seines,
and for other purposes.
Senator Reagan of the :35th District offered the following amendment:
That provision of this Act shall not prohibit seining in any stream in any of the Counties of this State during the months of July, August and September.

MoNDAY, JuLY 13, 1931.

415

Sen a tor Hand of the 8th District offered the following substitute:

A BILL
To be entitled an Act repealing Section 23 of Act No. 427, approved August 28, 1925 to allow fishing with hook and line devices prescribing a dose season during spawning season or sale and purchasing fish, prohibiting seines and other devices and allowing gill nets during months of November, December, January and February for catching carp, gar and all sucker fish and provide a penalty on violation of this law.
Section 1. 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, Section 23 of the Act of 1925, page :~08, of the Acts of the General Assembly of 1925, is hereby repealed, said Section 23 reading as follows, to-wit:
Section 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 recommendations of said Grand Jury and advertise said order in the County affected 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 regul~ted or prohibited; "so that when

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said Section 23 is repealed, the following is enacted into the laws of the State."
Sec. 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, it shall be lawful for any person to fish with hook and line devices in the fresh water streams of the State of Georgia by securing permission of land owners whose lands border on such streams.
Sec. :3. Be it further enacted by the authority afore-
said that it shall be unlawful to sell or purchase fresh water fish during spawning season of the months of May and June and any persons violating this provision shall be punished as for misdemeanor.
Sec. 4. Be it further enacted by the authority aforesaid that any person or persons in lawful possession of ponds, lakes or lagoons under lease or ownership can fish same in any manner all seasons of the year.
Sec. 5. Be it further enacted by the authority aforesaid that it shall be unlawful for any person to take fish from fresh water streams of Georgia by means of seine, traps, nets, dynamite, liquid poison or other similar devices, of like kind other than hook and line devices, however, that th.= use of gill nets shall be permitted during the months of November, December, January and February for purpose of catching fresh water mullet, carp, gar and all sucker fish and provide further that none of this Act shall not affect the present shad law of Georgia.
Sec. 6. Be it further enacted by the authority a foresaid that any person or persons violating any of the provisions of this Act shall be guilty of a misdemeanor.
Sec. 7. Be it further enacted that all laws and parts of laws conflicting with this Act be and the same are hereby repealed.

MoNDAY, JuLY 13, 1931.

417

Senator Tippins of the 49th District moved that further consideration of the bill be postponed until immediately after action is taken on Senate Bill No. 10, on July 22nd next. The motion was adopted.

The following privileged resolutions were read and adopted:

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to the Hon. Paul Brown of Elberton.

By Sen<J tor Courson of the lGth District-
A resolution extending the privileges of the floor to the Hon. James Fowler of Treutlen County; and to the Han.
J. A. Thigpen of Evans County.
The President appointed as a committee, authorized by Senate Resolution No. 30 previously adopted, and relating to <Jn investigation of the Legislative and Judicial Branches of the State Government, the following Senators, to-wit:
Senators Bennett of the 5th District, Fowler of the 39t-h District, Williams of the 27th District.
Senator Bennett of the 5th District was gran ted leave of absence for Tuesday, July Hth, to attend the funeral of a dear friend.
Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

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JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
TuESDAY, JuLY 14, 1931.
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.
The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that thejournal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Harris of the 18th District asked unanimous consent that the Senate reconsider its action of yesterday, in adopting the report of the Committee on Public Property relative to electric fans, and the consent was granted.
By unanimous consent, the following was adopted as the order of business for this Session during the first part of the period of Unanimous Consents:
1. Introduction of new matter. 2. Reports of Standing Committees. 3. Second reading of Senate and House bills favorably reported. 4. Third reading and passage of local and uncontested Senate and House bills.
5. First reading of House bills.

TuESDAY, JuLY 14, 1931.

419

The following bills of the Senate were read the first time and referred to committees:

By Senator McWhorter of the 50th District-
Senate Bill No. 80. A bill to authorize minors to purchase shares of stock in Building and Loan Associations.
Referred to Committee on General Judiciary No. 2.

By Senator Weekes of the 34th District-
Senate Bill No. 81. A bill to abolish 7th District A. and M. School, 4th District A. and M. School, Georgia Industrial College, Middle Georgia Junior College, Americus Normal School, and other Institutions.
Referred to Committee on University of Georgia and its Branches.

Senator Peterson of the 15th 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. 45. Entitled an Act to amend Section 9 of Article 8 of a certain Act approved August 19, 1919, and for other purposes.
Respectfully submitted,
PETERSON, Chairman.

Senator Watson of the 3rd 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 of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 44. Entitled an Act to amend Section 4612 of Park's Code of Georgia, do not pass.
Senate Bill No. G2. Entitled an Act to abolish the Common-Law rule, etc., do pass.
Respectfully submitted, WATSON, Chairman.
Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President: Your Committee on Counties and County ,\Iatters 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. 5. An Act to abolish the office of Tax Receiver of Berrien County, and for other purposes.
Senate Bill No. 25. An Act to consolidate the office of Tax Receiver and Collector of Carroll County, and for other purposes.
Respectfully submitted, l"-CKSON, Chairman.
Sena tor Reagan of the 35th District, Chairman of the Committee on Special Judiciary, submitted the following report: Mr. President:
Your Committee on Special Judiciary has had under consideration the hllowing bill of the Senate and has in-

TuESDAY, JuLY 14, 1931.

421

structed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 71. An Act to establish a City Court at Conyers, and for other purposes.
Respectfully submitted,
REAGA=", Chairman.

Senator Johnson of the 42nd 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 not pass:
House Bill No. 41. To amend Charter of Town of Trenton.
Respectfully submitted,
JoHNSO=", Chairman.

Senator Peterson of the 15th 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 not pass:

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JouRNAL OF THE SENATE,

Resolution No. 33. That this Senate voluntarily return to the Treasurer of the State 10% of their salary.
Respectfully submitted, PETERSON, Chairman.

Senator Moore of the 47th 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 Senate and has instructed me, as chairman, to report the same back to the Senate with the r-ecommendation that the same do pass by substitute attached:

By Senators McWhorter of the 50th District and Moore of the 47th District-
Senate Bill No. 33. A bill to amend Paragraph 1, Section 2, Article 7 of the Constitution to authorize the classification of certain properties.
Respectfully submitted,
MooRE, Chairman.

Senator Reagan of the 35th 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 has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

TuESDAY, JuLY 14, 1931.

423

House Bill No. 23. An Act to amend Act creating City Court, Polk County.
House Bill No. 24. A bill to amend Act, City Court, Polk County.
House Bill No. 74. An Act to change time of Superior Court, County of Atkinson, and for other purposes.
House Bill No. 161. An Act to change time of convening of Quitman County Superior Court, and for other purposes.
House Bill No. 231. An act to establish City Court, County of Toombs, and for other purposes.
Respectfully submitted,
REAGAN, Chairman.

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

Mr. President:
The House has passed by the reqms1te constitutional majority the following bills and resolution of the House, to-wit:

By Mr. Grayson of Chatham-
House Bill No. 16. A bill to be entitled an Act to amend Section 1081 of Volume 2 of the Code of the State of Georgia, adopted 1910, and for other purposes.

By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 19. A bill to be entitled an Act to appropriate the sum of$3,000.00 to provide for the free tuition of the children of soldiers, sailors, marines, who died in the World War, in the educational Institutions of this State, and for other purposes.

421

JouRNAL oF THE SENATE,

By Messrs. Beaman, Leathers, and Lindsay of DeKalb, and Eckford and McRae of Fulton-
House Bill No. ~)2. A bill to oe entitled an Act to provide for the manner in which tax fi. fas. shall be issued by the collectors of ad valorem taxes in those Counties in the State of Georgia, in which are located a city or part of a city having a population of more than 200,000; and for other purposes.

By Messrs. Beasley ofTattnall and Meredith of Muscogee-
House Resolution No. 48. A resolution that a committee of three from the House and two from the Senate be appointed by the respective presiding officers of the said bodies to confer with the State Highway Board with a view to preparing an amendment to the ~eill-Traylor Highway Actof1929.

The following bills of the Senate, favorably reported by the committees, were read the second time:
By Senator Watson of the 3rd DistrictSenate Bill No. 62. A bill to abolish the Common Law
rule as to executors, and for other purposes.
By Senator Peterson of the 15th DistrictSenate Bill No. 45. A bill to amend Section 9 of Article
8 of an Act approved August 19th 1919, and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:
By 1\Ir. Tucker of BerrienHouse Bill ~o. 5. :\ bill to abolish the office of Tax
Collector and Tax Receiver in Berrien County.

TuESDAY, JuLY 14, 1931.

425

By Mr. Cannon of RockdaleHouse Bill ~o. 71. A bill to establish City Court of
Conyers.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Beck of the 37th DistrictSenate Bill No. 25. A bill to consolidate the office of
Tax Collector and Tax Receiver in 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following resolution of the Senate was read the third time and put upon its passage:
Senate Resolution No. 16. A resolution to relieve Mr. D. Coolik 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 36, the nays 0.
The resolution having received the requisite constitutional majority was passed.

The following bills of the House were read the first time and referred to committees:

By Messrs. Rosser and Hutcheson of \:Valker-
House Bill No. 10. A bill to amend the Code relative to taxes for County purposes in certain Counties, and for other purposes.
Referred to Committee on Finance.

426

JouRNAL oF THE SENATE,

By Mr. Fagan of Peach-
House Bill No. 39. A bill to fix the salary of the SolicitorGeneral of the Macon Judicial Circuit, and for other purposes.
Referred to Committee on Special. Judiciary.

By Mr. Bush of Miller-
House Bill No. 50. A bill to amend an Act entitled an Act to amend an Act approved August 8th, 1908, creating City Court of Miller County.
Referred to Committee on Special Judiciary.

By Mr. Morris of Atkinson-
House Bill No. 73. A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for Atkinson County.
Referred to Committee on Counties and County Matters.

By Mr. Morris of Atkinson-
House Bill No. 75. A bill to create the office of Commissioner of Roads and Revenues in the County of Atkinson.
Referred to Committee on Counties and County Matters.

By Messrs. Musgrove of Clinch and others-
House Bill No. 104. A bill to prohibit fishing in certain ways in Clinch and Echols Counties.
Referred to Committee on Game and Fish.

By Mr. Beasley of Tattnall-
House Bill No. 107. A bill to amend an Act to incorporate the City of Cobbtown.
Referred to Committee on Municipal Government.

TuESDAY, JuLY 14, 1931.

427

By Mr. Beasley of Tattnall-
House Bill No. 108. A bill to exclude road duties in certain counties.
Referred to Committee on Highways and Public Roads.

By Mr. James of Jones-
House Bill No. 123. A bill to amend an Act creating the City Court of Gray for the County of Jones.
Referred to Committee on Special Judiciary.

By Mr. James of Jones-
House Bill No. 124. A bill providing that the Alternative Road Law shall not apply to certain counties.
Referred to Committee on Highways and Public Roads.

By Mr. Brown of Greene-
House Bill No. 125. A bill to amend the Charter of the City of White Plains in Greene County.
Referred to Committee on Corporations.

By Mr. Horne of Lee-
House Bill No. 135. A bill to abolish the City Court of Leesburg of Lee County.
Referred to Committee on Special Judiciary.

By Mr. Battle of Muscogee-
House Bill No. 171. A bill to create a new Charter for the City of Columbus.
Referred to Committee on Municipal Government.

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JocRKAL oF THE SEKATE,

By :\'Iessrs. Bean and Dorsett of Carroll-
House Bill No. 174. A bill to amend an Act to establish a City Court in the City of Carrollton.
Referred to Committee on Special Judiciary.

By :\Ir. Hampton of Fannin-
House Bill No. 191. A bill to amend an Act for the protection of Birds.
Referred to Committee on Game and Fish.

Senator Johnson of the 42nd District asked unanimous consent that the following bills of the House be withdrawn from the committee, read the second time, and recommitted:
House Bill No. 5G. House Bill No. 85. House Bill No. 106. House Bill No. 210.
The consent was granted.

Sen a tor Jones of the 51st District asked unanimous consent that the following bill be withdrawn from the Committee on State of the Republic, and recommitted to the Committee on Finance:
Senate Bill No. 11. A bill to regulate the rate of interest on small loans.
The consent was granted.

The following resolution was read and adopted:

By Senators Tippins of the 49th District, Strickland of the 1st District, Martin of the 2nd District, and Perkins of the 17th District-
Senate Resolution No. 39. A resolution extending

TuESDAY, JuLY 14, 1931.

429

the sympathy of the Senate to the family of the Hon. Charles G. Edwards, Congressman from the 1st Congresssional District, who died on yesterday.

The following resolution was read and adopted:

By Senators Harris of the 18th District and West of the 11th District-
Senate Resolution No. 37. A resolution that the Presiding officers of the Senate and House each appoint a committee of five outstanding Georgians to make a study and survey of the University of Georgia and its Branches and report back to the General Assembly their recommendation as to a reorganization of the University System.

Senator Duckworth of the 7th District asked unanimous consent that the following resolution be referred to the Committee on Highways and Public Roads; and the consent was gran ted:

By Mr. Beasley of Tattnall and others-
House Resolution No. 48. A resolution that a committee of three from the House and two from the Senate be appointed by the respective presiding officers of said bodies to confer with the State Highway Department with a view to preparing an amendment to the Neill-Traylor Act of 1929.

Senator Duckworth of the 7th District asked unanimous consent that the following resolution be adopted, and the consent was granted:

By Senator Duckworth of the 7th District-
Senate Resolution No. 40. A resolution that the President of the Senate appoint a committee of three to investigate certain expenditures in the Department of Agriculture.

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JouRNAL oF THE SENATE,

The following resolution of the House was read the first time and referred to Committee on Manufactures:

By Mr. Andrews of Crawford and others-
House Resolution No. 44. A resolution relating to the use of cotton paper, and for other purposes.
Referred to Committee on Manufactures.

The following bills of the House were read the first time and referred to committees:

By Mr. Grayson of Chatham-
House Bill No. 16. A bill to amend Section 1081 of Volume 2 of the Code of 1910.
Referred to Committee on General Judiciary No. 1.

By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 19. A bill to appropriate $3,000 to provide for free tuition of children of soldiers, sailors, marines who died in the World War.
Referred to Committee on State of the Republic.

By Mr. Beaman of DeKalb and others-
House Bill No. 32. A bill to provide for the manner in which tax fi. fas. shall be issued by the collectors of ad valorem taxes.
Referred to Committee on Counties and County Matters.

The following privileged resolutions were read and adopted:

By Senator Duckworth of the 7th District-
A resolution extending the privileges of the floor to the Han. Robert G. Hartsfield of Bainbridge.

TuESDAY, JuLY 14, 1931.

431

By Senators Lazenby of the 29th District and West of the 11th District-
A resolution extending the privileges of the floor to the Hon. James Boykin, former Senator and distinguished citizen of Lincoln County.

By Senator Courson of the 16th District-
A resolution extending the privileges of the floor to the
Hon. N. L. Gillis of Soperton.

By Senator Harris of the 18th District-
A resolution extending the privileges of the floor to the Hon. David Atkinson of Savannah.
Senator Dekle of the 6th District asked unanimous consent that Senate Bill No. 8 be taken from the table.
Senator Weekes of the 34th District objected.
Senator Dekle of the 6th District moved that the bill be taken from the Table, and the motion prevailed, and the bill was restored to its place on the calendar.
Senate Bill No. 31, having been postponed at Friday's Session until to-day, was taken up for consideration.
The question was on the amendment to the bill offered by Senator Reagan. The amendment was adopted.
The question was upon 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 by substitute, the ayes were 41, the nays 0.
The bill having received the requisite constitutional majority was passed.
The President called Senator McWhorter of the 50th District to the Chair.

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JouRNAL oF THE SENATE,

Senate Bill No. 8 was taken up for consideration and put upon its passage, to-wit:

By Senator Dekle of the Gth District-
Senate Bill No. 8. A bill to amend Article 3, Section 2, Paragraph 1, of the Constitution relating to the number of Senators, Senatorial Districts, and for other purposes.

Senator Watson of the Third District moved to amend Senate Bill Number 8 by striking all of Section 2 of said bill in it's entirety and substituting in lieu thereof the following:
Sec. 2. Be it further enacted by authority aforesaid that Article 3, Section 2, Paragraph 1, of the Constitution of the State of Georgia, be and the same is hereby further amended, as follows: That until changed in the manner provided by law, the Sixth Senatorial District shall be composed of the Counties of Echols, Lowndes and Clinch; the Fifth Senatorial District shall be composed of the Counties of Atkinson, Brantley and Ware; the Third Senatorial District shall be composed of the Counties of Appling, Jeff Davis and Wayne; and the Fifty-Second Senatorial District shall be composed of the Counties of Berrien, Cook and Lanier.
Further moves to amend said bill by striking Section 3 of said bill in it's entirety and substituting in lieu thereof the following:
Sec. 3. Be it further enacted by the authority aforesaid that for the purpose of creating the new Senatorial District aforesaid and arranging and reapportioning the other Senatorial Districts hereinbefore named and set out in Section 2 of this Act, the counties therein named now located in Senatorial Districts other than as herein provided shall be and the same are hereby transferred from Districts to which attached, to the Districts as specified in Section 2 of this Act.

TuESDAY, JuLY 14, 1931.

The question was on the adoption of the amendment.

The amendment was adopted.

The question was then on agreeing to the report of the committee. Division was called and the vote was ayes 22, and nays 17.

The question was next upon the passage of the bill, as amended.

Being an amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adkins Beck Brock Clements Courson Dekle Denton Duckworth

Harris Jackson Knabb Langford Lazenby McWhorter Martin Moore

Pruett Puett Smith Stark Strickland Tippins Waters Watson

Those voting m the negative were Senators:

Alexander Cheatham Davis Hand Horn Johnson McKenzie

Neisler Nelson Nix North Perkins Peterson Pratt

Reagan Richardson Wallace Weekes West Whitehurst

On the passage of the bill as amended, the ayes were 24, the nays 20.

The bill as amended, having failed to receive the requisite constitutional majority, was lost.

Senator Dekle of the 6th District was called to the Chair.

The following bill of the Senate, proposing an amendment to the Constitution, was read and put upon its passage:

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JouRNAL OF THE SENATE,

By Senators McWhorter of the 50th District and Moore of the 47th District-
Senate Bill No. 33. A bill to amend Paragraph 1, Section 2, Article 7, of the Constitution of the State of Georgia, to authorize the classification of certain properties.

The committee offered the following substitute:
A BILL
A bill to be entitled an Act to amend Paragraph One, Section Two, of Article Seven, of the Constitution of the State of Georgia so as to authorize the General Assembly to classify intangible property and forest lands devoted to timber growing for taxation, and to tax such classes of property on other than on an ad valorem basis, 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, of Section Two, of Article 7, of the Constitution of the State of Georgia be and the same is hereby amended by adding to Paragraph One, of Section Two, of Article Seven, thereof, the following:
1. Provided that the General Assembly shall have the power to classify intangible property, including money, for taxation by imposing a rate for all purposes not exceeding five mills on each dollar of the assessed value thereof. 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. When so classified by the General Assembly intangibles shall not be subject to taxation by Counties, Municipalities or other taxing units.
2. The General Assembly shall also have the power to classify for the purpose of taxation forest lands devoted

TuESDAY, JuLY 14, 1931.

435

to timber growing and may impose thereon a deferred or yield tax or such other tax as may be prescribed by the General Assembly when such forest products are fit for marketing or are yielding an income to the owner.

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 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 One, of Section Two, Article Seven of the Constitution, authorizing the classification of in tangible property and forest lands for taxation and the adoption of different rates and methods for taxing such classes of property", 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 One, Section Two, Article Seven of the Constitution authorizing the classification of intangible property and forest lands for taxation and the adoption of different rates and methods for taxing such classes of property"; and if the majority of the electors qualified to vote for 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 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.

JouRNAL OF THE SENATE,

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.

Senator Peterson of the 15th District moved to amend the substitute by striking out Paragraph 2, of Section 1 of the substitute.

The question was on Senator Peterson's Amendment to the Substitute, and the Amendment to the Substitute was adopted.

The question was now on th<> adoption of the substitute as amended.

Being an amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Sen a tors:

Adkins Alexander Beck Brock Cheatham Clements Davis Dekle Denton Duckworth Evans Fowler Hand Harris Horn

Jackson Johnson Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Tippins Wallace Waters Watson Weekes West Whitehurst Williams

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 by substitute as amended,
the ayes were 45, the nays 0.

The bill by substitute as amended, having received the requisite constitutional majority was passed.

TuESDAY, JuLY 14, 1931.

137

Senator Neill of the 24th District resumed the Chair.
Senator Dekle of the 6th District gave notice that he would move to reconsider the action of the Senate in defeating Senate Bill No. 8.
An invitation from Mrs. William P. Dunn, President of the Atlanta Woman's Club, inviting the members of the General Assembly to enjoy their swimming pool, was read and accepted.
An invitation through the Rev. Louie D. Newton, Pastor of the Druid Hills Baptist Church, was extended the members of the Senate to worship as special guests of the church at 8:00 o'clock of the evening of July 28th, next, was read and accepted.
Leave of absence was granted Senator Pruett of the 32nd District for Wednesday to attend the funeral of a relative.
Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion was adopted.
The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

438

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, JuLY 15, 1931.
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 call of the roll was dispensed with.
The Committee on Journals, reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Dekle of the 6th District moved that the Senate reconsider the following bill, and the motion was adopted, and the bill was placed at the foot of the calendar of bills for third reading:
By Senator Dekle of the 6th District-
Senate Bill No. 8. A bill to amend Article 3, Section 2, Paragraph 1 of the Constitution relative to the number of Senators, the composition of the Senatorial Districts, and creating a new district, and for other purposes.
Senators Harris of the 18th District and Neill of the 24th District offered the following resolution:
Senate Resolution No. 41. Be it resolved by the Senate that throughout the remainder of the present session the Committee on Rules is hereby empowered to fix a daily calendar in the Senate with the proviso that three-fourths of the members of the Senate voting may reject or amend

WEDNESDAY, JULY 15, 1931.

439

said calendar as fixed by the Committee on Rules as provided in Rule 45.
The resolution was referred to the Committee on Rules.
By unanimous consent, the Senate recessed subject to the call of the Chair, while the Committee on Rules was considering the Resolution.

The Committee on Rules made the following report through its Vice-Chairman, Senator Harris of the 18th District:
Your Committee on Rules has had under consideration Senate Resolution No. 41, and instructs me, as their ViceChairman, to report the same back to the Senate with the recommendation that the same do pass.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to and the resolution was adopted. The ayes were 48, and the nays 0.

By unanimous consent, the following was adopted as the order of business for this session during the first part of the period of Unanimous Consents:

1. Introduction of new matter.

2. Reports of Standing Committees.

3. Second reading of Senate and House bills favorably reported.

4. Third reading and passage of local and uncontested

Senate and House bills.

.

5. First reading of House bills.

The following bills of the Senate were read the first time and referred to committees:

440

JouRNAL OF THE SENATE,

By Senator North of the 36th District-
Senate Bill No. 82. A bill to amend an Act entitled an Act to regulate the practice of Chiropody.
Referred to Committee on Hygiene and Sanitation.

By Senator Perkins of the 17th District-
Senate Bill No. 83. A bill to repeal an Act approved August 17, 1912, relative to fees paid State Officers and others.
Referred to Committee on State of the Republic.

By Senator Perkins of the 17th District-
Senate Bill No. 84. A bill to amend section 116 of the Penal Code of Georgia relative to the abandonment of children.
Referred to Committee on General Judiciary No. 1.

By Senator Harris of the 18th DistrictSenate Bill No. 85. A bill to establish kindergartens in
the Public Schools of Georgia. Referred to Committee on Education.
By Senators Neill of the 2'1th District, ~elson of the 13th District, and Horn of the 12th District-
Senate Bill No. 86. A bill to prohibit shooting, hunting or killing of Deer for 10 years in certain counties.
Referred to Committee on Game and Fish.

By Senator Denton of the 38th District-
Senate Bill No. 87. A bill to provide a new charter for the Town of Hiram in Paulding County.
Referred to Committee on Municipal Government.

WEDNEsDAY, JuLY 15, 1931.

441

The following joint resolution was read and referred to the Committee on the State of the Republic:

By Senators Neill of the 24th District, Harris of the 18th District, Peterson of the 15th District, West of the 11th District, Weekes of the 34th District, McWhorter of the 50th District, and Evans of the 19th District-
Senate Resolution No. 42. A resolution that whereas an International Exposition will be held in the City of Chicago in 1933, that the Governor of Georgia be empowered to appoint a commission to be known as the Century of Progress Commission of Georgia to cooperate with the Century of Progress and to fix a date for the celebration of the Bi-Centennial celebration of the founding of the State of Georgia.

Senator Duckworth of the 7th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:
l\1r. 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:

By l\Ir. Tucker of BerrienHouse Bill No. 4. To abolish the City Court of :\1" ash-
ville in Berrien County, and for other purposes. Respectfully submitted, DucKWORTH, Chairman.

Senator Strickland of the 1st District, Chairman of the Committee on Game and Fish, submitted the following report:

442

JOURNAL OF THE SENATE,

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. 51.
Senate Bill No. 35.
Senate Bill No. 38.
Respectfully submitted,
STRICKLAND, Chairman.

Senator Jackson of the 14th 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:
House Bill No. 209 do pass. An Act to abolish office of Tax Receiver and Collector of Pierce County, and for other purposes.
House Bill No. 132 do pass. An Act to create Board of County Commissioners of Roads and Revenues of Clinch County, and for other purposes.
House Bill No. 75 do pass. An Act to create office of Commissioner of Roads and Revenues of Atkinson County, and for other purposes.
House Bill No. 73 do pass. An Act to Create Board of Commissioner of Roads and Revenues of Atkinson County, and for other purposes.

WEDNESDAY, }ULY 15, 1931.

443

House Bill No. 131 do pass. An Act to repeal Board of Commissioner of Roa9.s and Revenues of County of Clinch, and for other purposes.
House Bill No. 134 do pass. An Act to abolish office of Tax Collector and Tax Receiver for Clinch County and create office of Tax Commissioner, and for other purposes.
Senate Bill No. 73 do pass. An Act to abolish Tax Receiver and Tax Collector of Mitchell County and create office of Tax Commissioner, and for other purposes.
Senate Bill No. 74 do pass. An Act to amend an Act to establish the City Court of Pelham, Mitchell County so as to repeal a portion of Section 38 of said Act.
Senate Bill No. 76 do pass. An Act to amend an Act entitled an Act to establish City Court of Camilla so as to repeal last six lines of Section 36 of said Act in Ga. Laws 1905, p. 191.
Committee recommends:
House Bill No. 21 do not pass. An Act to prohibit use of Court houses, etc.
House Bill No. 27 do not pass. An Act creating office of Roads and Revenue of Murray County, etc.
House Bill No. 28 do not pass. An Act to create Board of Commissioners of Murray County, etc.
Respectfully submitted,
JACKSON, Chairman.

Senator Moore of the 47th 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

444

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. 13. Proposing amendment to the Constitution of Georgia, Article 2, Section 1, Paragraph 3 so as to entitle persons upon payment of poll tax to register and qualify as to electors, and for other purposes.
Respectfully submitted,
MooRE, Chairman.

The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator Martin of the 2nd DistrictSenate Bill No. 51. A bill to protect the natural oyster
beds of the State.
By Senator Hand of the 8th DistrictSenate Bill No. 73. A bill to abolish the office of Tax
Receiver and Tax Collector of Mitchell County; to create the office of Tax Commissioner of said County.
By Senator Hand of the 8th DistrictSenate Bill No. 74. A bill to amend an Act to establish
the City Court of Pelham.
By Senator Hand of the 8th DistrictSenate Bill No. 76. A bill to amend an Act to establish
the City Court of Camilla in Mitchell County.
By Senator Courson of the 16th DistrictSenate Bill No. 35. A bill to repeal Section 23 of Act
427 approved August 28, 1925, relative to fishing.

\YEDNESDAY, JuLY 15, 1931.

4-1-5

By Senator Knabb of the 4th District-
Senate Bill No. 38. A bill to amend an Act approved August 8, 1924 relating to the game and fish laws.

The following bills of the House, favorably reported by committees, were read the second time:
By Mr. Pope of Toombs and othersHouse Bill No. 13. A bill to propose an amendment to
the Constitution, Article 2, Section 1, Paragraph;), relative to poll tax.
By Mr. Tucker of BerrienHouse Bill No. 4. A bill to abolish City Court of Nash-
ville in Berrien County.
By Mr. Dixon of PolkHouse Bill No. 209. A bill to abolish office of Tax
Receiver and Tax Collector of Pierce County; to create office of Tax Commissioner.
By Mr. Musgrove of ClinchHouse Bill No. 132. A bill to create a Board of Com-
missioners of Roads and Revenues of Atkinson County.

By Mr. Morris of Atkinson-
House Bill No. 75. A bill to create the office of Commissioner of Roads and Revenues of Atkinson County.

By Mr. Morris of Atkinson-
House Bill No. 73. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for Atkinson County.

446

JouRNAL oF THE SENATE,

By Mr. Musgrove of Clinch-
House Bill No. 131. A bill to repeal Board of Commissioners of Roads and Revenues of Clinch County.

By Mr. Musgrove of Clinch-
House Bill No. 134. A bill to abolish office of Tax Collector and Tax Receiver for Clinch County; to create office of Tax Commissioner.

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

By Mr. Tucker of Berrien-
House Bill No. 5. A bill to abolish the office of Tax Receiver and Tax Collector in Berrien 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Scarbrough of PolkHouse Bill No. 23. A bill to amend the Act creating the
City Court of Polk 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Scarbrough of PolkHouse Bill No. 24. A bill to amend an Act establishing
City Court of Polk County.

WEDNESDAY, JULY 15, 1931.

447

The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cannon of Rockdale-
House Bill No. 71. A bill to repeal an Act to establish City Court of Conyers.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Morris of Atkinson-
House Bill No. 74. A bill to change the time of holding Superior Court in County of Atkinson.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Gary of Quitman-
House Bill No. 161. A bill to change the time of convening Quitman County 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 31, the nays 0.

448

JouRNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Mr. Pope of Toombs-
Hause Bill No. 231. A bill to establish City Court of Lyons in Toombs County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pass~ge of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Martin of the 2nd District asked unanimous consent that Senate Bill No. 51 be withdrawn from the committee and recommitted.
The consent was granted.

The following bills of the Senate were read the third time and put upon their passage:
By Senator Peterson of the 15th District-
Senate Bill No. 45. A bill to amend Section 9, Article 8, of an Act approved August 8, 1919 as to qualifications for 3 appointees of Board of Education.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Watson of the 3rd District-
Senate Bill No. 62. A bill to abolish the common law rule as to executors.

WEDNESDAY, jULY 15, 1931.

449

The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
In accordance with the provisions of Senate Resolution No. 40, previously adopted, and relating to an investigation of the State Department of Agriculture, the Chair appointed the following committee, to-wit:
Senators Duckworth of the 7th District, Watson of the 3rd District, Neisler of the 23rd District.

The following privileged resolutions were read and adopted:

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to the Hon. Hugh A. Carithers of Winder.

By Senators Fowler of the 39th District and Denton of the 38th District-
A resolution extending the privileges of the floor to the
Hon. J. R. Hutcherson of Tallapoosa.

By Senators Duckworth of the 7th District and Harris of the 18th District-
A resolution extending the privileges of the floor to the
Hon. T. J. Lance, President of Young Harris College.
Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion was agreed to.
The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

450

JouRNAL OF THE SENATE,

GA., SENATE CHAMBER, ATLANTA,
THURSDAY, JuLY 16, 1931.
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 call of the roll was dispensed with.
The Committee on Journals reported through its Chairman, Senator Pratt of the '11st District, that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Harris of the 18th District asked unanimous consent that the following be adopted as the order of business for this session during the first part of the period of Unanimous Consents, and the consent was granted:
1. Introduction of new matter.
2. Reports of Standing Committees.
3. Second reading of Senate and House bills favorably reported.
4. Third reading and passage of local and uncontested Senate and House bills.
5. First reading of House bills.
The following bill of the Senate was read the first time and referred to the Committee on Special Judiciary:

THuRSDAY, JuLY 16, 1931.

451

By Senator Dekle of the 7th District-
Senate Bill No. 88. A bill to change the time of holding Superior Court of Grady County, and for other purposes.

Senator Williams of the 27th District, Chairman of the Committee on Commerce and Labor, submitted the followmg report:
Mr. President:
Your Committee on Commerce and Labor 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. 27. A bill, An Act to amend Workmen's Compensation Act.
Senate Bill No. 71. A bill, An Act to amend Georgia \Vorkmen's Compensation Act, and for other purposes.
Respectfully Submitted,
WILLIAMS, Chairman.

Senator Johnson of the 42nd 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 not pass:
House Bill No. 41.
Respectfully submitted,
JOHNSON, Chairman.

452

JouRNAL OF THE SENATE,

Senator Clements of the 45th District, Chairman of the Committee 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:

By Senator Pruett of the 32nd District-
Senate Bill No. 40. To amend Section 1482 of Code of Georgia providing for payment of pensions to certain widows of Confederate soldiers by changing the date of the marriage of the widows of such veterans, and for other purposes.
Hespectfully submitted,
CLEMENTS, Chairman.

Senator Alexander of the 25th District, Chairm<Jn 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. 53.
Respectfully submitted,
ALEXANDER, Chairman.

Senator Strickland of the 1st District, Chairman of the Committee on Game and Fish, submitted the following report:

-

THuRSDAY, JuLY 16, 1931.

453

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. 104.
House Bill No. 191.
Respectfully submitted,
STRICKLAND, Chairman.

Senat:::>r Fowler of the 39th District, Chairman 0f the Committee on Public Utilities, submitted the following report:
A1r. President:
Your Committee on Public Utilities 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. 61.
Respectfully submitted,
FowLER, Chairman.

Senator Moore of the 47th 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:

454

JouRNAL OF THE SENATE,

Senate Bill No. 78. Proposing amendment to the Constitution making eligible. for pensions, widows of Confederate Veterans married prior to 1891.
Respectfully submitted,
MooRE, Chairman.

Senator Johnson of the 42nd 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. 56.
House Bill No. 106.
House Bill No. 107.
House Bill No. 85.
House Bill No. 210.
House Bill No. 171.
Respectfully submitted,
JoHNSON, Chairman.

Senator North of the 36th District, Chairman of the Committee on Corporations, submitted the following report:
Mr. President: Your Committee on Corporations has had under con-
sideration the following bills of the House and Senate and

THURSDAY, JuLY 16, 1931.

455

has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill :No. 125.
House Bill No. 114.
House Bill No. 211.
House Bill No. 95.
Senate Bill No. 68.

Respectfully submitted, NoRTH, Chairman.

Senator Peterson of the 15th District, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. f're.l idr,nt:
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. 42. A resolution authorizing Governor to appoint a commission known as Century of Progress Commission.
Respectfully submitted,
PETERso:-<, Chairman.

The following bills of the Senate, favorably reported by committees, were read the second time:

456

JouRNAL OF THE SENATE,

By Senators Bennett of the 5th District and Harris of the 18th District-
Senate Bill No. 27. A bill to amend the Georgia Workmen's Compensation Act.

By Senator Pruett of the 32nd District-
Senate Bill No. 40. A bill to amend Section 1482 (1) of the Penal Code of Georgia providing for payment of pensions to certain widows of Confederate soldiers, and for other purposes.
By Senator Pruett of the 32nd District-
Senate Bill No. 78. A bill proposing an amendment to Paragraph 1, Section 1, Article 7, of the Constitution, fixing the eligibility of widows of Confederate soldiers, and for other purposes.

By Senator McWhorter of the 50th District-
Senate Bill No. 61. A bill to regulate the operation of trains on certain railroads, and for other purposes.

By Senator West of the 11th District-
Senate Bill No. 71. A bill to amend an act known as the Georgia \Vorkmen's Compensation Act, approved August 17, 1930.

By Senators Davis of the 31st District, Strickland of the 1st District, and Reagan of the 35th District-
Senate Bill No. 53. A bill to regulate the practice of Chiropody, and for other purposes.

By Senator Williams of the 27th District-
Senate Bill No. 68. A bill to amend an act to provide for a charter for the City of Monroe.

THURSDAY, }ULY 16, 1931.

457

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Purdy of Spalding-
House Bill No. 95. A bill to amend the charter of the City of Griffin, and for other purposes.

By Mr. Peebles of Bartow and others-
House Bill No. 210. A bill to amend an Act incorporating the City of Cartersville, and for other purposes.

By 1\Ir. Battle of Muscogee-
House Bill No. 171. A bill to create a new charter for the City of Columbus.

By Mr. Musgrove of Clinch and others-
House Bill No. 104. A bill to prohi bit fishing, except under certain conditions, in Clinch and Echols Counties.

By l\Ir. Davis of Troup-
House Bill No. 114. A bill to amend the charter of the City of Hogansville, and for other purposes.

By Mr. Beasley of Tattnall-
House Bill No. 107. A bill to amend an Act to incorporate the Town of Cobbtown, and for other purposes.

By Mr. Brown of Greene-
House Bill No. 125. A bill to amend the charter of White Plains in Greene County.

By Mr. Hampton of FanninHouse Bill No. 191. A bill to amend an Act for the

458

JouRNAL OF THE SENATE,

protection of Birds, Fish, Game, Fur-bearing animals, and for other purposes.

By Mr. Williams of Emanuel-
House Bill No. 211. A bill to amend the charter of the City of Swainsboro, and for other purposes.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Hand of the 8th District-
Senate Bill ~o. 7'!. A bill to amend an "-\ct to establish the City Court of Pelham in Mitchell County, approved August 22, 1905.
The report of che committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Hand of the 8th District-
Senate Bill i'\o. 7:). "-\ bill to abolish the office of Tax Collector and Tax Receiver of Mitchell County; to create the office of Tax Commissioner in said county, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Hand of the 8th DistrictSenate Bill ~o. 7G. A bill to amend an Act entitled an

THt:RSDAY, JuLY 16, 1931.

459

Act to establish the City Court of Camilla in Mitchell County, approved August 17, 1905, and for other purposes.
The report of the c:::>mmittee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Mr. Graham of Laurens and othersHouse Bill No. 5G. A bill to amend an Act incorporating
the Town Jf Dudley, 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 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Morris of Atkinson-
House Bill No. n. A bill to repeal an Act entitled an
Act 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Morris of Atkinson-
House Bill No. 75. A bill to create the office of Commissioner of Roads and Revenues for Atkinson County.

460

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Griffin and Simmons of Decatur-
House Bill No. 85. A bill to amend an Act to incorporate the Town of Attapulgus in Decatur 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Musgrove of Clinch-
House Bill No. 131. A bill to repeal Board of Commissioners of Roads and Revenues of Clinch County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were :35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By !VIr. l\Iusgrove of Clinch-
House Bill No. 132. A bill to create a Board of Commissioners of Roads and Revenues of Clinch County, and
for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, JuLY 16, 1931.

461

On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cain of Crisp-
House Bill No. 106. A bill providing for a new charter for the City of Cordele, 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 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

By .Mr. Musgrove of Clinch-
House Bill ~o. 134. A bill to abolish the office of Tax Receiver and Tax Collector of Clinch County; to create the office of Tax Commissioner, and for other purposes.
The report of the committee, which was favDrable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, the nays 0.
The bill having received the requisite constitut.ional majority was passed.

By i\Tr. Peebles of Bartow and others-
House Bill No. 210. A bill to amend an Act incorporating 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 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

462

JouRNAL OF THE SENATE,

By Mr. Dixon of Pierce-
House Bill No. 209. A bill to abolish the office of Tax Collector and Tax Receiver of Pierce County; to establish the office of Tax Commissioner of said 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator West of the 11th District asked unanimous consent that Senate Bill No. 71 be withdrawn from the committee, read the second time, and recommitted. The consent was granted.
Senator Courson of the 16th District asked unanimous consent that Senate Resolution No. 31, relative to the electric fans installed in the Senate Chamber and in the Hall of the House, be recommitted to the Committee on Public Property. The consent was granted.
Senator Harris of the 18th District rose to a question of personal privilege.

The following resolution of the Senate, favorably reported by the committee, was read and adopted:

By Senators Neill of the 24th District, Harris of the18th District, Peterson of the 15th District, West of the 11th District, Weekes of the 34th District, McWhorter of the 50th District, and Evans of the 19th District-
Senate Resolution No. 42. A resolution relating to the International Exposition at Chicago, and empowering the Governor to appoint a Century of Progress Commission.

The following bill of the House was read the third time and put upon its passage:

THURSDAY, JULY 16, 1931.

463

By Mr. Tucker of Berrien-
House Bill No. 4. A bill to abolish the City Court of Nashville in Berrien County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Jdr. President:
The House has passed by the requtstte constitutional majority the following bill of the House, to-wit:

By l\1r. Shirley of Milton-
House Bill No. 187. A bill to be entitled an Act to merge :\1ilton County with Fulton County, and for other purposes.
:-\ sealed communication from His Excellency, Governor Richard B. Russell Jr., was presented to the Senate by :\Ir. Leeman Anderson, the Secretary of the Governor.
Senator Harris of the 18th District moved that the Senate go into executive session, and the motion prevailed and the Senate went into executive session at 11 o'clock, A.M.
The Senate was called to order at 12 o'clock, J\L

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

464

JouR:-<AL OF THE SENATE,

By Senators Pratt of the 41st District, Knabb of the 4th District, and Hand of the 8th District-
Senate Bill No. 35. A bill to repeal Section 23 of Act No. 427, approved August 28, 1925, relative to fishing with hook and line devices, prescribing a closed season, and for other purposes.
Senators Martin of the 2nd District and Watson of the 3rd District move to amend Senate Bill No. 35 by striking therefrom Seccion 2 of said bill in its entirety and substituting therefor the following, to be known as Section 2, to-wit:
"Section 2. Be it further enacted by the authority aforesaid that there is hereby enacted a general law to prohibit fishing in Georgia during the spawning period, to-wit: It shall be unlawful for any person to fish in any of the fresh waters of Georgia, except as hereinafter especially provided, by hook and line or by any other means from April 15th to June 15th of each year; provided, however, that this inhibition shall not apply to the creeks and rivers and other running streams of the following eighteen (18) mountain counties: Catoosa, Chattooga, Dade, Dawson, Fannin, Gilmer, Gordon, Habersham, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White and Whitfield; but that fishing in any of the creeks, rivers and other running streams of said eighteen (18) mountain counties shall be prohibited from October 1st to March 31st, and fishing in the ponds and lakes of said eighteen (18) mountain counties shall be prohibited from October 1st to March 31st, it being the purpose of this exception to provide especial protection for brook, rainbow and other species of mountain trout found in the streams of North Georgia and which commonly spawn during the fall and winter; provided further that in periods of drouth occurring during the closed seasons herein created the Commissioner of Game and Fish, in order to save fish from waste or destruction because of drouth conditions, may

THuRSDAY, JuLY 16, 1931.

465

authorize the taking of fish during such closed seasons from any stream or other body of water that is likely to dry up and where it appears that it is to the best interest of conserving the fish life therein to allow fish to be removed from said streams during said drouth period, such fish so taken to be transplanted to other waters where they will be saved; provided further that the Commissioner of Game and Fish is authorized to permit the removal of carp, gar or other species of predatory or destructive fish at anv time under such conditions as in his discretion he may prescribe; and provided further that nothing herein shall be intended to prohibit the taking of shad fish from Georgia waters in compliance with the laws of the State regulating shad fishing."

AMENDMENT NO.2 TO SENATE BILL NO. 35.
Senator Fowler of the 39th District, moves to amend Senate Bill No. 35 by striking Section 3 thereof and substituting therefor another section, to be known as Section 3, which shall read as follows:
"Section 3. Be it further enacted by the authority aforesaid, that it shall be unlawful for any person, firm or corporation to sell or to have in possession for purpose of sale, or to purchase or offer to purchase during the months of April, May and June any species of fresh water fish, and during such period, it shall be unlawful for any hotel, restaurant, cafe or other place to serve fresh water fish, whether taken from the fresh waters of Georgia, or elsewhere. Provided, however, that nothing herein shall restrict or prohibit the sale of carp, gar or other strictly predatory fish."
Senator Fowler moves further to amend said Senate Bill No. 35 by inserting after the abov~ Section 3 another section to be known as Section 3-A, and to read as follows:
"Section 3-A. B'e it further enacted by the authority aforesaid, and it is hereby enacted by the authority of

466

JouRNAL oF THE SENATE,

same, that each peddler of fresh water fish or other person selling fresh wa,ter fish who does not operate a regular place of business shall, before offering fish for sale, pay a license fee of S10.50 in each county in which fish are offered for sale. The license provided for in this section shall be issued in the same manner and by the same offici::d as hunting licenses are issued, and the official issuing same shall receive and be entitled to a fee of Fifty ($0.50') Cents on each license issued."
Senator Fowler moves further to amend said Senate Bill No. 33 by changing Sections 6 and 7 as they now appear in said bill to read Sections 10 and 11, respectively, and by inserting immediately after Section 5 the following four sections to be known as Sections 6, 7, 8 and 9, respectively, to read as follows:
"Section 6. Be it further enacted by the authority aforesaid, that a license is hereby required of all persons above the age of sixteen (16) years to fish by any and all methods of hook and line or rod and reel fishing in the fresh waters of Georgia, other than in the waters of the county in which such person permanently resides, or in waters abutting thereto. A license shall be issued to any bona fide resident of the State of Georgia upon the payment of a fee of One (Sl.23) Dollar and Twenty-five Cents. A license shall be issued to a non-resident of the State of Georgi1. upon the payment of a fee of Five (S3.23) Dollars and Twenty-five Cents. The licenses provided for in this section shall be issued in the same manner and by the same official as hunting licenses are issued and the official issuing same shall be entitled to 1.nd receive :1. fee of Twenty-five (0.23) Cents on each resident license, and a fee of Twenty-five (0.23) Cents on each non-resident license issued. The licenses issued undet this section shall authorize the licensee to fish in any of the public waters of the State of Georgia.
"Section 7. Be it further enacted that all monies arising from the sale of fishing licenses as provided for in this Act

THURSDAY, JuLY 16, 1931.

467

shall be kept in a special fund to be known as the Fish Propagation and Protection Fund, and shall be used only for the establishment and operation of fish hatcheries, for otherwise propagating fish for restocking the waters of Georgia, for the enforcement of the provisions of this Act and all other fresh water fishing laws of this State.
"Section 8. Be it further enacted by the authority aforesaid that all licenses required by this Act shall be issued on forms to be prepared by the Commissioner of Game and Fish and each license shall show the name, age, occupation and residence of the licensee, the date of issuance and shall also contain the signature of the licensee. All fishing licenses issued under the provisions of this Act shall expire on August 31st following date of issue, and all licenses authorizing the sale of fish under the provisions of this Act shall expire twelve (12) months from date of issue.
"Section 9. Be it further enacted that no person shall fish as provided herein in any of the waters of Georgia, unless the license hereinbefore provided for be kept on the person of the licensee; that every peddler of fresh water fish shall be required to carry his license on his person at all times. All licenses required by this Act shall be exhibited upon the request of any game warden, deputy game warden or other officer charged with the duty and responsibility of enforcing the fishing laws of this State."

AMENDMENT NO.3 TO SENATE BILL NO. 35.
Amendment by Senator Reagan of the 35th District to Senate Bill No. 35:
That the provisions of this Act shall not apply to seining in an'y of the streams of this State during the months of July, August and September.

468

JouRNAL OF THE SENATE,

AMENDMENT NO. 4 TO SENATE BILL NO. 35.
Senator Puett of the 40th District moves to amend Senate Bill No. 35 by inserting immediately after Section 5 another section to be known as Section 5 (a) and to read as follows:
"Section 5 (a). Be it further enacted, that it shall be unlawful to take in any single day more than twenty (20) rainbow trout, or more than twenty-five (25) brook trout from any of the waters in the following counties, to-wit: Catoosa, Chattooga, Dade, Dawson, Fannin, Gilmer, Gordon, Habersham, Lumpkin, 1\'Iurray, Pickens, Rabun, Stephens, Towns, Union, Walker, White and Whitfield; and it shall be unlawful for any person to take rainbow trout by any means from any of said waters at night."
Senator Dekle of the 6th District moved that further consideration of the bill be postponed until after unfinished business Monday next, and that 300 copies of the bill with amendments be printed. The motion was agreed to.

The following bill of the Semte was read the third time, and put upon its passage:

By Senator Knabb of the 4th District-
Senate Bill No. 38. A bill to amend an Act approved August 8,1921, relative to the Game and Fish Laws, and for other purposes.
Senator Jackson of the l"lth District, President Pro Tern., was called to the Chair.
Senator Knabb of the 4th District moved that further consideration of the bill be postponed until after consideration of Senate Bill No. 33 on Monday next, and the motion prevailed.

The following privileged resolutions were read and adopted:

THURSDAY, JuLY 16, 1931.

469

By Senator North of the 36th District-
A resolution extending the privileges of the floor to the Hon. J. J. Mangum.

By Senator Clements of the 45th District-
A resolution extending the privileges of the floor to Judge A. J. McDonald of the Cordele Circuit, to Col. Carlisle McDonald of the Fitzgerald Bar, and to the Hon. W. 0. Wingate of Ocilla.

By Senator Bennett of the 5th District-
A resolution extending the privileges of the floor to the Hon. A. L. Hughs, former member of this body.

By Senator Langford of the 22nd District-
A resolution commending the Boy Scouts of Pike County and extending to them the privileges of the gallery during their stay in the city.
Leave of absence until Monday was granted Senator Waters of the 46th District.
The Secretary transmitted the following communication to His Excellency, the Hon. Richard B. Russell, Jr., Governor.
July 16, 1931.

His Excellency, RrcHARD B. RussELL JR., Governor, Executive Department, Atlanta, Georgia.

Sir:
I am directed by the Senate of Georgia to inform Your Excellency that it has this day confirmed the following appointment by you:

470

JouRNAL OF THE SENATE,

Hon. J. P. Wilhoit, of the County of Warren, to be a member of the State Hi!!,hway Board for a term beginning January First, Nineteen Hundred and Thirty Two and ending December Thirty First, Nineteen Hundred and Thirty Eight.
Respectfully,
JoHN T. BoiFEUILLET,
Secretary of the Senate.

Senator Harris of the 18th District moved that the Senate adjourn, and the motion prevailed.

The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

FRIDAY, JuLY 17, 1931.

471

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, JuLY 17, 1931.
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. The Committee on Journals reported through Senator Pratt of the llst District, the Chairman thereof, that the Journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
By unanimous consent, the following was adopted as the order of busioess for this session during the first part of the period of Unanimous Consents:
1. Introduction of new matter. 2. Reports of Standing Committees. 3. Second reading of Senate and House bills favorably reported. 4. Third reading and passage of local and uncontested Senate and House bills. 5. First reading of House bills.
The following bills of the Senate were read the first time and referred to committees:

472

JouRNAL OF THE SENATE,

By Senator McKenzie of the 48th District-
Senate Bill No. 89. A bill to amend an Act creating the Power Commission of Crisp County.
Referred to Committee on Amendments to Constitution.

By Senator Evans of the 19th District-
Senate Bill No. 90. A bill prohibiting certain Life Insurance Companies, Burial and other associations from agreeing to settle losses under certain conditions, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Evans of the 19th District-
Senate Bill No. 91. A bill to make it a misdemeanor for certain Life Insurance Companies and others to receive compensation or commission under certain conditions, and for other purposes.
Referred to Committee on General Judiciary No.2.

By Senators Bennett of the 5th District and Davis of the 31st District-
Senate Bill No. 92. A bill to reapportion the several congression:1l districts .of the State; to create 10 congressional districts, and for other purposes.
Referred to Committee on Congressional and Legislative Reapportionment.

By Senator Reagan of the 35th District-
Senate Bill No. 93. A bill to amend subdivision 1, section 5858 of the Civil Code of 1910.
Referred to Committee on General Judiciary No. 1.

FRIDAY, JULY 17, 1931.

473

By Senator Bennett of the 5th District-
Senate Bill No. 94. A bill to amend the Constitution, Paragraph 1, Section 2, Article 8, providing for a State School Commissioner, and for other purposes.
Referred to Committee on Amendments to Constitution.

By Senator Bennett of the 5th District-
Senate Bill No. 95. A bill to amend the Constitution limiting the powers of taxation by the General Assembly.
Referred to Committee on Amendments to Constitution.

By Senators West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 96. A bill to prescribe conditions and regulations under which common carriers by motor may operate, and for other purposes.
Referred to Committee on Highways and Public Roads.

By Senators West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 97. A bill to regulate Motor Vehicles.
Referred to Committee on Highways and Public Roads.

The following resolution of the Senate was read and referred to the Committee on General Judiciary No. 2:
Senate Resolution No. 43. A resolution providing for the adoption of the Code of 1932, and for other purposes.

The following bills of the Senate, favorably reported by committees, were read the second time:

474

JouRNAL oF THE SENATE,

By Senator Ennis of the 20th District-
Senate Bill No. 50. A bill to exempt from taxation houses, land and equipment owned by and constituting the regular meeting places of civic, educational and other institutions, and for other purposes.

By Senator McWhorter of the 50th District-
Senate Bill No. GO. A bill to amend the Georgia Motor Vehicle Law.

By Senator Stark of the 43rd District-
Senate Bill No. 63. A bill providing that all quasi public corporations shall make financial reports to the State Auditor, and for other purposes.

By Senator McWhorter of the 50th District-
Senate Bill No. 80. A bill to authorize minors to purchase shares of stock in Building and Loan Associations.

The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 10. A bill to amend the Code relative to taxes for county purposes in certain counties, and for other purposes.

By Mr. Carlisle of Bibb-
House Bill No. 11. A bill to amend Paragraph 5, Section 3931, of the Code of 1910, relative to inheritance.

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

FRIDAY, JuLY 17, 1931.

475

By Mr. Purdy of Spalding-
House Bill No. 95. A bill to amend 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 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Musgrove of Clinch and othersHouse Bill No. 104. A bill to be entitled an Act for the
protection of Fish in Clinch and Echols Counties, 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 39, the nays 0.
The bill having received the reguisi te constitutional majority was passed.

By Mr. Beasley of TattmllHouse Bill No. 107. A bill to amend an Act to incor-
porate the City of Cobbtown in Tattnall County, and for other purposes.
The report of the committee, which was favor,tble to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Davis of Troup-
House Bill No. 114. A bill to amend the charter of the City of Hog<J ns ville, and for other purposes.

476

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, the nays 0.
The bill having received the reg uisi te constitutional majority was passed.

By Mr. Battle of Muscogee-
House Bill No. 171. A bill to ereate a new charter for the City of Columbus, 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 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Williams of Emanuel-
House Bill No. 211. A bill to amend the charter of the City of Swainsboro.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the p:tssage of the bill, the ayes were 35, the nays 0.
The bill having received the reguisite constitutional majority was passed.

Senator Ennis of the 20th District, Chairman of the

Committee on Highways and Public Roads, submitted the

following report:



Mr. President:
Your Committee on Highways and Public Roads has had under consideration the following resolution of the House and has instructed me, as chairman, to report the

FRIDAY, JuLY 17, 1931.

477

same back to the Senate with the recommendation that the same do pass:

By Messrs. Beasley of Tattnall and Meredith of Muscogee-
House Resolution No. 48. That a committee of three from the House and two from the Senate be appointed by the respective presiding officers of said body to confer with State Highway Board with a view to preparing amendment to the Neill-Traylor Highway Act of 1929.
Respectfully submitted,
ENNIS, Chairman.

Senator Peterson of the loth 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. 83. To be entitled an Act to repeal an Act, August 17, 1912, Ga. Laws 1912, Page 109, entitled an Act to require all Statehouse officers, and officers and appointees of any Department of State and County officers who receive fees :wd compensation other than salaries, to keep a daily account of such fees and compensation, and to make sworn itemized statements with the ComptrollerGeneral of the State;. to require the Comptrolle'r-General of the State to preserve said statements; to provide a penalty for failure or refusal to comply with same, and for other purposes.
Respectfully submitted,
PETERSON, Chairman.

478

JouRNAL OF THE SENATE,

Senator Peterson of the 15th District, Chairman of the Committee on State of the Republic, submitted the following report:

Afr. Pre.,.ident.
Your Committee on State of the Republic 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. 19. A bill to amend an Act creating the Service Bureau so as to provide for the education of the children of soldiers, sailors and marines who were killed or died during the World War, and for other purposes.
Respectfully submitted,
PETERSON, Chairman.

Senator Watson of the 3rd 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 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. 80.
House Bill No. 11.
Respectfully submitted,
WATSON, Chairman.

Senator St::trk of the 43rd District, Chairman of the Committee on Finance, submitted the following report:

FRIDAy' JuLy 17' 1931.

479

Mr. President:
Your Committee on Finance 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:
Sen'ate Bill No. 50. Providing for exemption from taxation in Georgia the houses, lands 2nd equipment of Civic, Educational and Charitable Institutions.
Senate Bill No. 63. Providing that all Quasi Public Corporations of State shall make financial reports to State auditor, etc.
House Bill No. 10. To amend the Code relative to taxes for county purposes in certain counties.
Respectfully submitted,
STARK, Chairm1.n.

Senator Stark of the 43rd 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 not pass:
Senate Bill No. 14. To provide for payment by lien holder of tax on property and release of said property from tax lien, etc.
Respectfully submitted,
STARK, Chairman.

Senator Ennis of the 20th District, Chairman of the Com-
mittee on Highways and Public Roads, submitted the following report:

480

JouRNAL OF THE SENATE,

Mr. President:
Your Committee on Highways and Public Roads 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 Senator McWhorter of the 50th DistrictSenate Bill No. 60. To amend Georgia Motor Vehicle
Law. Respectfully submitted, ENNTS, Chairman.

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

Mr. President:
The House has passed by the requlSlte constitutional majority the following bills of the House and Senate, to-wit:
By Mr. Thomas of Wayne-
House Bill No. 6. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Wayne County, Georgia, to create the office of County Tax Commissioner of Wayne County, and for other purposes.

By Messrs. Eckford, McRae, and Still of Fulton-
House Bill No. 143. A bill to be entitled an Act to require the Boards of Jury Commissioners in all counties of this State, having a population exceeding 200,000 inhabitants, according to the last United States Census or any future census, to place on the jury lists of said coun-
ties the names of not less than 10,000 upright and intelligent men to serve as jurors in all the courts ot such coun-
ties, and for other purposes.

FRIDAY, JuLY 17, 1931.

481

By Mr. Gullatt of Campbell-
House Bill No. 167. A bill to be entitled an Act to amend an Act approved August 9, 1929; to provide that all properties of Campbell County shall become the property of Fulton County, and for other purposes.

By Mr. Morris of Atkinson-
House Bill No. 233. A bill to be entitled an Act to repeal an Act entitled "Atkinson County Tax-Commissioner Referendum," and for other purposes.

By Mr. Franklin of Butts-
House Bill No. 240. A bill to be entitled an Act to amend an Act incorporating the Town of Jenkinsburg in the County of Butts, and for other purposes.

By Messrs. Bunn and Stanton of \Vare-
House Bill No. 242. A bill to be entitled an Act to amend an Act approved December 9, 1893 entitled "An Act to provide :1 new charter incorporating the Town of \V aresbora in the County of \Vare, and for other purposes," so as to reduce the incorporate limits of said Town of Waresboro, and for other purposes.

By Mr. Dixon of Pierce-
House Bill No. 218. A bill to be entitled an Act to prohibit the running at large in Pierce County, Georgia, of any bull or boar hog over four months of age, and for other purposes.

By Mr. Howard of Long-
House Bill No. 254. A bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Ludowici in the County of Long," and for other purposes.

482

JouRSAL OF THE SENATE,

By Mr. Burton of Franklin-
House Bill No. 237. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Franklin County and to create the office of County Tax Commissioner of Franklin County, and for other purposes.

By Mr. Stewart of Coffee-
House Bill No. 239. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax CollectN of Coffee County, Georgia, to create the office of County Tax Commissioner of Coffee County, Georgia, and for other purposes.

By Mr. Thomas of Wayne-
House Bill No. 272. A bill to be entitled an Act to amend an Act establishing the City Court of Jesup in and for the County of Wayne, and for other purposes.

By Messrs. Davis and Lord of Jackson-
House Bill No. 2T~. A bill to be entitled an Act to amend an Act, approved July 21th, 1921, entitled an Act to abolish the office of County Treasurer of Jackson County, Georgia, and to provide in what manner all funds of said county realized from taxes and all other sources shall be received, deposited and disbursed, and for other purposes.

By Messrs. Davis and Lord of Jackson-

House Bill No. 274. A bill to be entitled an Act to amend

an Act approved December 18, 1901 entitled an Act to

create a Board of Countv Commissioners for the Countv

of Jackson, and for other purposes.



By Mr. Fraser of Liberty-
House Bill No. 282. A bill to be entitled an Act to repeal an Act entitled "An Act to make it unlawful for any live-

FRIDAY, JuLY 17, 1931.

483

stock dealer to buy, sell, transport, or otherwise deal in live-stock in Liberty County, Georgia, until and unless said live-stock dealer shall have previously thereto registered as a live-stock dealer as hereinafter provided in this Act," and for other purposes.

By Mr. Fraser of Liberty-
House Bill No. 283. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Liberty County, Georgia; to create in lieu thereof the office of County Tax Commissioner of Liberty County, Georgia, and for other purposes.

By Mr. Paulk of Turner-
House Bill No. 284. A bill to be entitled an Act to amend and change the terms and provisions of the Act creating the Bo;j_rd of Commissioners of Roads and Revenues of Turner County, Georgia, and for other purposes.

By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 286. A bill to be entitled 'ln Act to amend the Act creating a new charter for the City of Columbus, Georgia, and for other purposes.

By :Yir. Courson of Brantley-
Hause Bill No. 289. A bill to be entitled an Act in:corporating the City of Nahunta, Georgia, and for other purposes.

By Mr. Courson of Brantley-
Hause Bill No. 290. A biil to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Brantley County, Georgia; to create the office of County Tax Commissioner of Brantley County, Georgia, and for other purposes.

484

JouRNAL OF THE SENATE,

By Mr. Hubbard of Wilkinson-
House Bill No. 298. A bill to be entitled an Act to repeal an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Wilkinson," and for other purposes.

By Mr. Hubbard of Wilkinson-
House Bill No. 299. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of vVilkinson County, and for other purposes.

By Mr. Sammon of Gwinnett-
House Bill No. 30G. A bill to be entitled an Act to amend an Act establishing a system of public schools in the Town of Lawrenceville.

By Mr. Montgomery ofWebster-
House Bill No. 31L1. A bill to abolish the offices of Tax Receiver and Tax Collector of Webster County.

By Mr. Bunn of\Vare-
House Bill No. 309. A bill to create a Board of Civil Service Commission for the City of Waycross.

By Senator Duckworth of the 7th District-
Senate Bill No. 4. A bill to abolish offices of Tax Collector and Tax Receivet in Grady County.

By Senator Neill of the 24th District-
Senate Bill No. 15. A bill to change the time of holding M uscogee Superior Court, and for other purposes.

By Senator Puett of the 40th DistrictSenate Bill Xo. 30. A bill to provide for placing the

FRIDAy' JuLy 17' 1931.

485

Treasurer of Towns County on a salary basis, and for other purposes.

By Senator Reagan of the 35th District-
Senate Bill No. 37. A bill to amend the charter of the Town of McDonough.

By Senator Denton of the 38th District-
Senate Bill No. 54. A bill to create an office of Commissioner of Roads and Revenues for the County of Pauldmg.

The following bills of the House were read the first time and referred to committees:
By Mr. Shirley of MiltonHouse Bill No. 187. A bill to merge Milton County
with Fulton County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Thomas of WayneHouse Bill No. 6. A bill to abolish the office of Tax
Receiver and Tax Collector of \Vayne County; to create the office of County Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County lViatters.

By Messrs. Eckford, McRae, and Still of Fulton-
House Bill No. 143. To require Boards of Jury Commissioners in certain counties to place on Jury lists of said counties the names of not less than 10,000 citizens, and for other purposes.
Referred to Committee on Counties and County Matters.

486

JouRNAL oF THE SENATE,

By Mr. Gullatt of Campbell-
House Bill No. 167. A bill to amend an Act approved August 9, 1929 to provide that all properties of Campbell County shall become the property of Fulton County, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Mr. Morris of Atkinson-
House Bill No. 233. A bill to repeal an Act entitled "Atkinson County Tax Commissioner Referendum" and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Franklin of Butts-
House Bill No. 2!0. A bill to amend an Act incorporating the Town of Jenkinsburg in Butts County, ahd for other purposes.
Referred to Committee on Corporations.

By Messrs. Bunn and Stanton of Ware-
House Bill No. 212. A bill to ctmend an Act entitled an Act to provide a new charter incorporatinf the Town of Waresboro in vVare County, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Fraser of Liberty-
House Bill No. 282. A bill to repe1.l an Act making it unlawful for ;my live-stock dealer to deal in live-stock
undet certain conditions in Liberty County, and for other
purposes.
Referred to Committee on Counties and County Matters.

FRIDAY, JuLY 17, 1931.

487

By Mr. Dixon of Pierce-
House Bill No. 248. A bill to prohibit running at large in Pierce County of any bull or boar hog over 4 months of age, a'nd for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Howard of Long-
House Bill No. 254. A bill to amend an Act to create a new charter for the City of Ludowici m Lo?g County, and for other purposes.
Referred to Committee on Corporations.

By Mr. Burton of Franklin-
House Bill No. 257. A bill to abolish the office of Tax Receiver and Tax Collector of Franklin County; to create the office of Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Stewart of Coffee-
House Bill No. 259. A bill to abolish the office of Tax Receiver and Tax Collector of Coffee County; to create the office of Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Thomas of Wayne-
House Bill No. 272. A bill to amend an Act establishing the City Court of Jesup in Wayne County.
Referred to Committee on Special Judiciary.

By Messrs. Davis and Lord of JacksonHouse Bill No. 273. A bill to amend an Act to abolish

488

JouRNAL OF THE SENATE,

the office of County Treasurer of Jackson County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Davis and Lord of Jackson-
House Bill No. 274. A bill to amend an Act to create a Board of County Commissioners of Jackson County, and for other purposes.
Referred. to Committee on Counties and County Matters.

By Mr. Fraser of Liberty-
House Bill No. 283. A bill to abolish the office of Tax Receiver and Tax Collector of Liberty County; to create the office of County Tax Commissioner of said county, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Paulk of TurnerHouse Bill ~o. 281. A bill to amend the Act creating a
Board of Commissioners of Roads and Revenues of Turner County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Battle of Muscogee and others-
House Bill No. 285. A bill to amend the Act creating a new charter for the City of Columbus, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Courson of BrantleyHause Bill No. 289. A bill to amend an Act incorporat-
ing the City ofN ahunta, and for other purposes.
Referred to Co mittee on Corporations.

FRIDAY, JuLY 17, 1931.

489

By Mr. Courson of Brantley-
Hause Bill No. 290. A bill to abolish the office of Tax Receiver and Tax Collector; to create the office of County Tax Commissioner.
Referred to Committee on Counties and County Matters.

By Mr. Hubbard of Wilkinson-
House Bill No. 298. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for \Vilkinson County.
Referred to Committee on Counties and County .Matters.

By Mr. Hubbard of Wilkinson-
House Bill No. 299. A bill to create a Board of Commissioners of Roads and Revenues for Wilkinson County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Sammon of Gwinnett-
House Bill No. 306. A bill to amend an Act to establish a system of Public Schools in the Town of Lawrenceville, and for other purposes.
Referred to Committee on Education.

By Mr. Montgomery of Webster-
House Bill No. 314. A bill to abolish the office of Tax Receiver and Tax Collector of Webster County; to create the office of County Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Bunn of WareHouse Bill No. 309. A bill to create a Board of Civil

490

JouRNAL oF THE SENATE,

Service Commission for the City of Waycross, and for other purposes.
Referred to Committee on Municipal Government.

Senator Harris of the 18th District moved that the Senate recess for five minutes.
.The motion prevailed.

The following resolution of the House, favorably reported by the committee, was adopted:

By Messrs. Beasley ofTattnall and Meredith ofMuscogeeHouse Resolution No. 48. A resolution that a committee
of two from the Senate and three from the House confer with the Highway Department of the State with a view to recommending an amendment to the Neill-Traylor Act of 1929.
The President appointed as a committee on the part of the Senate, the following:
Senators West of the 11th District, Hand of the 8th District.

Senator Harris of the 18th District moved that when the Senate adjourns today, it stand adjourned until 11:00 o'clock next Monday morning. The motion prevailed.

Senator Pratt of the 41st District asked unanimous consent that the following bill of the House be withdrawn from the committee, re'ld the second time, and recommitted:

By Mr. Hampton of FanninHouse Bill No. 191. A bill to amend an Act for the pro-
tection of birds, fish, game and fur- bearing animals, and for other purposes.
The consent was gran ted.

FRIDAY, JULY 17, 1931.

491

The following bill of the Senate was read the third time, and put upon its passage:

By Senators Bennett of the 5th District and Harris of the 18th District-
Senate Bill No. 27. A bill to amend the Georgia Workmen's Compensation Act.
Senator Ennis of the 20th District was called to the Chair.

Sen.ators Williams of the 27th District, Cheatham of the 26th District, and Davis of the 31st District offered the following amendment:
To amend Senate Bill No. 27 by changing the words arid figures "five hundred(500)" wherever they appear and insert in lieu thereof the words and figures "two hundred (200) ."

Senators Cheatham of the 26th District, Williams of the 27th District, and Davis of the 31st District offered the following amendment:

To amend Senate Bill No. 27, by Striking Section 1 from the bill in its entirety.

Senator Williams of the 27th District moved that the bill be tabled.

A call for the ayes and nays was sustained and the roll was called. The vote was as follows:

Those voting 111 the affirmative were Senators:

Brock Cheatham Davis Denton Hand Johnson

Langford McKenzie McWhorter Martin Neisler Nelson

Nix Pruett Puett Smith Whitehurst Williams

492

JouRNAL OF THE SENATE,

Those voting in the negative were Senators:

Adkins Alexander Beck Bennett Clements Courson Dekle Duckworth Evans

Fowler Harris Jackson Jones Knabb Lazenby Moore North Perkins

Peterson Pratt Reagan Richardson Stark Strickland Watson Weekes West

The ayes were 18, the nays 27, and the motion to table was lost.

The President resumed the Chair.

The following privileged resolutions were read and adopted:
By Senators Horn of the 12th District and West of the 11th District-
A resolution extending the privileges of the floor to the
Hon. T. J. Jordan, sheriff of Webster County.
By Senator Weekes of the 34th District-
A resolution extending the privileges of the floor to the Hon. D. J. Adams and to the Hon. G. C. Adams of Newton County.
Senate Bill No. 27 went over as unfinished business.
By Senators Moore of the 47th District and McKenzie of the 48th District-
A resolution extending the privileges of the floor to the Hon. and Mrs. Claud Williams of Tifton.
Senator Dekle of the 6th District moved that the Senate do now adjourn, and the motion prevailed.

FRIDAY, JULY 17, 1931.

493

The President announced that the Senate stood adjourned, in accord with a motion agreed to earlier in the session, until 11:00 o'clock Monday morning.

Senator Knabb of the 4th District was granted leave of absence for a few days.

The President expressed his appreciation of a new gavel presented by the Boy Scouts of Meansville.

494

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,

MoNDAY, JuLY 20, 1931.

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.

The roll was called and the following Senators answered to their names:

Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris Horn

Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson Pratt

Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

Th.e Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of the proceedings of the preceding session had been examined and found correct.

By unanimous consent, the reading of the Journal was dispensed with and the Journal was confirmed.

By unanimous consent, the following was adopted as the order of business for this session during the first part of the period of Unanimous Consents:

MoNDAY, JULY 20, 1931.

495

1. Introduction of new matter.
2. Reports of Standing Committees.
3. Second rt>ading of Senate and House bills favorably reported.
4. Third reading and passage of local and uncontested Senate and House bills.
o. First reading of House bills.

The follmying bill of the House, favorably reported by the committee, was read the second time:

By Mr. Hutcheson of Walker-
House Bill No. 19. A bill to amend an Act creating the Service Bureau so as to provide for the education of children of soldiers, marines, and others.

The following bills of the Senate, favorably reported by committees, were read the second time:
By Senator Dekle of the 6th District-
Senate Bill No. 64-. A bill to authorize and empower the Board of Trustees of the Georgia State Woman's College at Valdosta, to borrow money to operate, and for other purposes.
By Senator Perkins of the 17th District-
Senate Bill No. 83. A bill to be entitled an Act to repeal an Act approved August 17, 1912, relative to fees paid certain officers and appointees, and for other purposes.

The following bill of the Senate was read the first time and referred to the Committee on State of the Republic:

496

JouRNAL oF THE SENATE,

By Senator Duckworth of the 7th District-
Senate Bill No. 98. A bill to regulate the expenses of State employees; to limit the maximum price to be paid for passenger automobiles, and for other purposes.

Senator West of the 11th 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 i~structed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass by substitute:

By Senator Dekle of the 6th DistrictSenate Bill No. 64. Respectfully submitted, WEST, Chairman.

Senator Duckworth of the 7th District, Chairman of the Committee on Investigation of Acts of the Agricultural Department, submitted the following report:
Mr. President:
Your Committee on Investigation of the Department of Agriculture has had under consideration the following Resolution No. 40 of the Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation:
Your committee has examined the records bearing upon the matter named in the above resolution. Has examined the Commissioner of Agriculture, and two of his employees, as well as the State Auditor.

MoNDAY, JuLY 20, 1931.

497

We disclose by said investigation that the department of agriculture collected by sale of fertilizer tags, $14,136.68, and the law requires that such receipts be by him turned over daily to the State Tre<tsury, but this sum was never turned over as required by law to the treasury, and instead was placed to the credit of the Bureau of Markets, and then by the Commissioner of Agriculture checked out directly without any warrant from the Governor as required by law. This sum was expended by the department as follows: approximately S-!,000.00 to pay salaries, and the remainder paid out as a refund to non-resident purchasers of hogs which the department represented as agent in the purchase of said hogs, and on which hogs, the department guaranteed weights and grades. In doing this the department bid in approximately 82 cars of hogs for the non-resident purchasers the price as authorized by said purch<tsers, then drew draft on said purchasers and paid the sellers, and hter claim was made by purchasers for alleged shortages on weights and grades and the department paid such claims to the non-resident purchasers. The Commissioner claimed the loss sustained was caused by shortage in weights and under grades as determined by the purchasers when the hogs were delivered. He admitted th'lt this benefit was not and could not be made a vailable to all citizens of the State for lack of sufficient funds. He further admitted that in other instances where the department made such purchases it with-held from the vendors a sufficient amount of the sale prices to cover all losse,s on weights and grades.
Based upon the disclosures made we are of the unanimous opinion, that:
1st. Hon. Eugene Talmadge, Commissioner of Agriculture, acted in violation of the law when he failed to turn over immediately to the State Treasury the $14,136.68.
2nd. He acted in violation of the law when he disbursed this sum without eve,r having the Governor's warrant therefor.

498

JouRNAL oF THE SE~ATE,

3rd. He acted without authority of law, and in violation of the law when he made the refunds to purchasers of the hogs referred to in statement of facts. And it is our opinion that his bond covers these acts of his and the surety thereon is liable to the state therefor.
4th. He showed partiality and discrimination, unauthorized and unjustified, by thus using the state's money to give to a few of her citizens, and denying the same benefits to all other citizens.
5th. That this conduct a~d practice of this department is dangerous to sound government, and the same is hereby condemned as unlawful favoritism, and as an evasion of the laws made for the purpose of governing the affairs of said department.
We further report that our investigation of this item disclosed apparent irregularities and violations of law by the department in other matters not ?"ermane to the resolution authorizing our investigation.
Respectfully submitted,
DucKWORTH of the 7th District, NEtSLER of the 23rd District, WATSON of the 3rd District.
Senator Harris of the 18th District moved that the report of the committee on investigation of the acts of the Agricultural Department be agreed to, and the motion prevailed.
Senator Peterson of the 15th District moved that the Senate reconsider its action in agreeing to the report of the committee, and the motion prevailed.
Senator Pratt of the 41st District moved that the report
be referred to the Committee on Agriculture.
Senator Williams of the 27th District moved that the report be referred to the Committee on Agriculture with

MoNDAY, JuLY 20, 1931.

499

instructions to report back to the Senate on vVednesday mormng.
Senator Peterson of the 15th District moved that the report of the committee be referred back to it with instructions to include in the report the motive which actuated the commissioner.
The question was on Senator Peterson's motion, and the motion was lost.
The question was on Se:1ator William's motion, and the motion was lost.
The question was on Senator Pratt's motion, and the motion was lost.
The question was on agreeing to the report of the committee, and the report of the committee was agreed to.

Under the head of unfinished business, the following bill of the Senate, postponed by action of the Senate at a previous session, was taken up for consideration:

By Senators Bennett of the 5th District and Harris of the 18th District-
Senate Bill No. 27. A bill to amend the Georgia Workmeh's Compensation Act, and for other purposes.
Senator Harris of the 18th District asked unanimous consent that Amendment No. 1 be adopted, and the consent was gran ted.
Senator Harris of the 18th District asked unanimous consent that Amendment No. 2 be adopted, and the consent was gran ted.
The question was on agreeing to the report of the committee which was favorable to the passage of the bill as amended.
The ayes and nays were called, and the call was sustained.

500

JouRNAL oF THE SENATE,

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Beck Bennett Clements Denton Duckworth Ennis Evans Fowler Harris Jackson

Johnson Jones McWhorter Moore Nelson Nix North Perkins Peterson

Pratt Puett Reagan Stark Strickland Waters Watson Weekes West

Those voting in the negative were Senators:

Alexander Brock Cheatham Davis Dekle Hand

Horn Langford Lazenby McKenzie Martin Neisler

Pruett Smith Wallace Whitehurst Williams

The ayes were 28, the nays 17, and the report of the committee was agreed to.
Senator Williams of the 27th District moved that further consideration of the bill be postponed indefinitely, and the motion was not agreed to.

The question was on the passage of the bill as amended.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Beck Bennett Clements Denton Duckworth Ennis Evans Fowler Harris Jackson

Johnson Jones McWhorter Moore Nelson Nix North Perkins Peterson Pratt

Pruett Puett Reagan Stark Strickland Waters Watson Weekes West

MoNDAY, JuLY 20, 1931.

501

Those voting in the negative were Senators:

Alexander Brock Cheatham Davis Dekle Hand

Horn Langford Lazenby McKenzie Martin

Neisler Smith Wallace Whitehurst Williams

On the passage of the bill as amended, the ayes were 29, the nays 16.

The bill as amended, having received the requisite constitutional majority, was passed

The following privileged resolutions were read and adopted:

By Senators Wallace of the 28th District and Pratt of the 41st District-
A resolution extending the privileges of the floor to the Hon. Kytle Williams of Miami, Fla.

By Senator Pratt of the 41st District-
A resolution extending the privileges of the floor to Robt. Wadlow of Alton Ohio, and designating him an honorary page for the day.

By Senator Smith of the 30th District-
A resolution extending the privileges of the floor to the Hon. Berry T. Moseley, Judge of the Superior Court of the Northern Circuit.

The followinp: message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the Senate and House, to-wit:

502

JouRNAL OF THE SENATE,

By Mr. Hubbard of Wilkinson-
House Bill No. 320. A bill to be entitled an Act to amend an Act, entitled an Act to amend an Act establishing a charter for the City of Gordon, approved August 21, 1916, by amending paragraph 4, section 28, page 727 of said Act, by providing that the tax assessors shall be appointed from the mem hers of the Board of Council, and for other purposes.

By Senator Adkins of the 9th District-
Senate Bill No. 21. A bill to be entitled an Act to create a new charter of the City of Edison in the County of Calhoun, and to reincorporate said town, and define its territorial limits, and for other purposes.

The following bill of the Senate, having been postponed at a previous session to this period, was taken up for consideration:

By Senators Pratt of the 41st District, Knabb of the 4th District and Hand of the 8th District-
Senate Bill No. 33. A bill to repeal section 23 of Act No. 427, approved August 23, 1925, relating to Fishing, and for other purposes.
Senator Jackson of the 14th District was called to the Chair.
The question was on the adoption of Amendment No. 1.
The hour of adjournme,nt having arrived, the Chair an.nounced thal the Senate stood adjourned until 10:00 o'clock tomorrow morning.

TuESDAY, JuLY 21, 1931.

503

SENATE CHAMBER, ATLANTA, GA.,
TuESDAY, JuLY 21, 1931.

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. W. Smith, Pastor of the Methodist Church at Smithville.

The roll was called and the following Se ators answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackwn Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Starl' Stricldand Tippins Wallace
Wa~ers
Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.
Senator Dekle of the 6th District gave notice that he would move at the proper time for reconsideration of the action of the Senate yesterday in passing Senate Bill No. 27.

504

JouRNAL OF THE SENATE,

By unanimous consent the reading of the Journal was dispensed with.
Senator Dekle of the 6th District moved that the Senate reconsider its action yesterday in passing Senate Bill No. 27, and that the bill be restored to the calendar.
Senator McWhorter of the 50th District asked unanimous consent to postpone consideration of Senator Dekle's motion until 11 o'clock this morning.
There was objection.
Senator McWhorter of the 50th District moved that consideration of Senator Dekle's motion be postponed until 11 o'clock this morning, and the motion was lost.
The question was on Senator Dekle's motion, and the motion was lost.
The Journal was confirmed.
Senator Harris of the 18th District asked unanimous consent to have printed 300 copies of the report of the State Auditor made pursuant to Senate Resolution No. 9, passed during the extraNdinary session, and Senate Resolution No. 36, passed at this session.
The consent was gran ted.

Senator Harris of the 18th District asked unanimous consent that the following be adopted as the order of business for this session during the first part of the period of Unanimous Consents:
1. Introduction of new matter.
2. Reports of Standing Committees.
3. Second reading of Senate and House bills favorably reported.
4. Third reading and passage of local and uncontested Senate and House bills.



TuEsDAY, JuLY 21, 1931.

505

5. First reading of House bills. The consent was granted.

The following bills of the Senate were read the first time and referred to committees:

By Senator McWhorter of the 50th District-
Senate Bill No. 99. A bill to make recitals in conveyances and transfers executed under powers of sale in security deeds and other instruments, prima facie evidence of compliance with the terms of such powers, and for other purposes.
Referred to Committee on Gene_ral Judiciary No. 2.

By Senator Reagan of the 35th DistrictSenate Bill No. 100. A bill to protect the public health
by regulating the construction and use of dwellings and other buildings in cities with population of 40,000 or over.
Referred to Committee on State of the Republic.

By Senator Reagan of the 35th DistrictSenate Bill No. 101. A bill to create a Board of Com-
missioners of Roads and Revenues of Henry County, and for other purposes.
Referred to Committee on Counties and County Matters.

The following resolution of the Senate, favorably reported by the committee, was read the second time:

By Senator Dekle of the 6th District-
Senate Resolution No. 17. A resolution requiring a commission of three including the State Superintendent of Schools to consider the Sound Teacher Retirement Laws of other States and to recommend such legislation if they deem desirable.

506

JouR:"'<AL oF THE SENATE,

The following bills of the Senate, favorably reported by the committees, were read the second time:

By Senator Watson of the 3rd District-
Senate Bill No. 18. A bill to amend an Act approved August 26, 192:), for the protection of Birds, Fish, Game and Fur-bearing animals, and for other purposes.

By Sena tors ~eill of the 21th District, West of the 11th District, McWhorter of the ;JOth District, and others-
Senate Bill No. 31. A bill to amend the Constitution so as to provide for the election of a Lieutenant-Governor by the people.

By Senator Williams of the 27th District-
Senate Bill No. 69. A bill to abolish the office of Tax Receiver and Tax Collector of Walton County; to create the office of Tax Commissioner of \Valton County, and for other purposes.

By Senator Harris of the 18th District-
Senate Bill No. 8;). A bill to establish kindergartens in Public Schools of this State, and for other purposes.
By Senators Neill of the 21th District, ~ elson of the 13th District, and Horn of the 12th District-
Senate Bill No. 86. A bill to prohibit the hunting, shooting or killing of deer for a period of ten years in certain counties, and for other purposes.

By Senator Bennett of the 3th District-
Senate Bill No. 93. A bill to amend the Constitution limiting the powers of taxation of the General Assembly relative to the instruction of children, and for other purposes.

TuESDAY, JULY 21, 1931.

507

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Thomas of Wayne-
House Bill No. 6. A bill to abolish the office of Tax Receiver and Tax Collector of \Vayne County; to create the office of County Tax Commissioner, and for other purposes.

By Mr. Fagan of Peach-
House Bill No. 39. A bill to fix the salary of the SolicitorGeneral of the Macon Circuit, to be paid by Peach County, and for other purposes.

By Mr. Bush of Miller-
House Bill No. 50. A bill to amend an Act entitled an Act to amend an Act approved August 8, 1908, creating the City Court of Miller County.

By Mr. Harris of Terrell-
House Bill No. 62. A bill to amend an Act to create a Board of Commissioners of oads and Revenues for the County of Terrell, and for other purposes.

By :VIessrs. Eckford, :\feRae, and Still of Fulton-
House Bill No. 1.13. A bill to require the Boards of Jury Co 1missioners in cert tin counties to place on the Jury Lists the names of not less than 10,0DO citizens, and for other purposes.

By Mr. Shirley of :Milton-
House Bill No. 187. A bill. to merge :Milton County with Fulton County, and for other purposes.

508

JouRNAL OF THE SENATE,

By Mr. Morris of Atkinson-
House Bill No. 233. A bill to repeal an Act entitled "Atkinson County Tax Commissioner Referendum," and for other purposes.

By Mr. Burton of Franklin-
House Bill No. 2J7. A bill to abolish the office of Tax Receiver and Tax Collector of Franklin County and to create the office of County Tax Commissioner of Franklin County, and for other purposes.

By Mr. Stewart of Coffee-
House Bill No. 259. A bill to abolish the office of Tax Receiver and Tax Collector of Coffee County; to create the office of County Tax Commissioner, and for other purposes.

By ~Ir. Fraser of Liberty-
House Bill No. 282. A bill to repeal an Act entitled an Act to make it unlawful for any live-stock dealer to deal in live-stock in Liberty County under certain conditions, and for other purposes.

By Mr. Fraser of Liberty-
House Bill No. 283. A bill to abolish the office of Tax Receiver and Tax Collector of Liberty County; to create the office of County Tax Commissioner, and for other purposes.

By Mr. Courson of Brantley-
Hause Bill No. 290. A bill to abolish the offices of Tax Receiver and Tax Collector of Brantley County; to create the office of County Tax Commissioner of Brantley County, and for ther purposes.

TuESDAY, JuLY 21, 1931.

50\:l

By Mr. Hubbard of Wilkinson-
House Bill ~o. 298. A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of \Vilkinson, and for other purposes.

By Mr. Hubb'}rd of Wilkinson-
House Bill No. 299. A bill to create a Board of Commissioners of Roads and Revenues of wilkinson County, and for other purposes.

By Mr. Montfomery of Webster-
House Bill No. 31:1. A bill to Dbolish the office of Tax Receiver and Tax Collector of webster County; to create the office of County Tax Commissioner of \Vebster County, and for other purposes.
Senator Jackson of the 11th District, President ProTem., was called to the Chair.

Senator .\-ioore of the c17th District, Chairman of the Committee on :\mendments 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:

By Senator Neill of the 21th District and others-
Senate Bill No. 34. Providing for amendment to Paragraph 1, Section 1 of Article 5 of the Constitution to provide for office of Lieutenant-Governor and h,is election by the people.

510

JouRNAL OF THE SENATE,

By Senator Bennett of the 5th District-
Senate Bill No. 95. To amend Paragraph 1, Section 1, Article 7 by striking words "in instructing children in the elementarv branches of an English education only."
Respectfully submitted, MooR~>, Chairman.

Senator McWhorter of the 50th 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 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. 306.
Respectfully submitted,
Mc\VHORTER, Chairman.

Senator Wallace of the 28th 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 not pass:
Senate Bill No. 57. To authorize the creation and formation of Burial Associations, etc.
Respectfully submitted,
vVALLACE, Chairman.

TuESDAY, JuLY 21, 1931.

511

Mr. President:
\Ve, the undersigned members of the Committee on Insurance, do hereby file this our minority report, disagreeing with the majority report of said Committee, and insist that Senate Bill No. 57 do pass.
This July 20, 1931.
Respectfully submitted,
LomE JONES, N. L. NoRTH.

Senator Strickland of the 1st District, Chairman of the Committee on Game and Fish, submitted the following report:

"A1r. 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. 18.
Senate Bill No. 8G.
Respectfully submitted,
STRICKLAND, Chairman.

Senator Reagan of the 33th 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:

512

JouRNAL oF THE SENATE,

House Bill No. 174. House Bill No. 123. House Bill No. 50. House Bill ~o. 39.

Respectfully submitted, REAGAN, Chairman.

Senator McWhorter of the 50th District, Chairman of the Committee on Education, submitted the following report:

Mr. President:
Your Committee on Education has had under consideration the following bill 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:
Senate Bill No. 85. An Act to establish kindergartens, etc.
Senate Resolution ~o. 17. A resolution requiring commission of three including State School Supt., etc.
Respectfully submitted,
McvVHORTER, Chairman.

Senator Jackson of the Uth District, Chairman of the Committee on Counties and County lVIatters, submitted the following report:
Mr. President:
Your Committee on Counties and County lVIatters has had under consideration the following bills of the House and Senate and has instructed me, as chairman, to report t:he same back to the Senate with the recommendation that:

TuESDAY, JuLY 21, 1931.

513

House Bill No. 187. An Act to merge Milton and Fulton Counties, and for other purposes, do pass.
House Bill No. 233. Ain Act, Atkinson County Tax Commissioner, etc., do pass.
House Bill No. 143. An Act to require Bo.ards of Jury Com., etc., counties of 200,000 or more, etc., do pass.
House Bill No. 298. An Act creating Board of Com. and Roads, County of \Vilkinson, etc., do pass.
House Bill No. 282. An Act to govern dealing in Live Stock, etc., Liberty County, and for other purposes, do pass.
House Bill No. 283. An Act to abolish Tax Receiver and Collector of Liberty County, do pass.
Senate Bill No. 69. An Act to abolish Tax Receiver and Collector, etc., \Valton County, do pass.
House Bill No. 62. An Act to create a Board of County Commissioners, etc., Terrell County, do pass.
House Bill No. 259. An Act to abolish Tax Collector and Receiver of Coffee County, etc., do pass.
Senate Bill No. 67. AnAct to abolish Tax Collector and Receiver of Liberty County, do not pass.
Respectfully submitted,
JAcKSON, Chairman.

Senator Jackson of the 14th 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
pa,ss:

514

JouRNAL oF THE SENATE,

House Bill No. 290. An Act to abolish Tax Receiver and Collector of Brantley Co., etc.
House Bill No. 314. An Act to abolish Tax Receiver and Collector ofWe'bster County, etc.
House Bill No. 6. An Act to abolish Tax Receiver and Collector of Wayne County, etc.
House Bill No. 257. An Act to abolish Tax Receiv.er and Collector of Franklin County, etc.
House Bill No. 299. An Act to create Board of Roads and Revenues of Wilkinson County, etc.
Respectfully submitted,
jACKSON, Chairman.

Senator Weekes of the 34th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment has tead and examined the following Acts originating in the S'enate and report the same back as being correctly enrolled and ready for transmission by the Secretary of the Senate to the Governor:
No. 54. No. 15. No. 24. No. 37. No. 30.
Respectfully submitted,
WEEKES, Chairman.
Senator Bennett of the 5th District asked unanimous consent that Senate Bill No. 92, to reapportion the several

TUESDAY, JuLY 21, 1931.

515

Congressional Districts, be withdrawn from the Committee, read the second time, and recommitted.
The consent was granted.

The following bill of the House was read the first time and referred to the Committee on Municipal Government:

By Mr. Hubbard of Wilkinson-
House Bill No. 320. A bill to amend an Act entitled an Act to amend an Act establishing a charter for the City of Gordon, approved August 21, 1916, and for other purposes.

The following bill of the Senate was read the first time and referred to the Committee on General Judiciary No. 1:

By Senator Duckworth of the 7th District-
Senate Bill No. 102. A bill to provide for the time of filing b~Jls of exceptions in the Supreme Court and Court of Appeals, and for other purposes.

The following bill of the House was read the third time and put upon its passage:

By Mr. Brown of Greene-
House Bill No. 125. A bill to amend the charter of the City of White Plains, 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate which was under consideration at the hour of adjournment yesterday was taken up for consideration:

516

JouRNAL or THE SENATE,

By Senators Pratt of the 41st District, Knabb of the 4th District, and Hand of the 8th District-
Senate Bill No. 35. A bill to repeal section 23 of Act No. 427, approved August 25, 19-25, relating to Fishing, and for other purposes.
Senator Stark of the 43rd District asked unanimous consent that the bill be withdrawn from the committee and recommitted with instructions to report back to the Senate at 10:00 o'clock tomorrow morning.
There was objection.
Senator Stark of the 43rd District moved that the bill and amendments be withdrawn from the committee and recommitted with instructions to report back to the Senate at 10:00 o'clock tomorrow morning.
The motion was adopted.
Senator Courson of the 16th District moved that the Senate reconsider its action in recommitting the bill and the motion was lost.

The following bill of the Senate postponed from a previous session was ta.ken up for consideration:

By Senator Knabb of the 4th District-
Senate Bill No. 38. A bill to amend the Act approved August 8, 1924, relating to Game and Fish.
Senator Knabb of the 4th District offered the following amendment:
To amend Senate Bill No. 38 by inserting between the word "shall" and the word "appoint," in line 15 of section one the words "with the approval of the Board of Game and Fish."
The amendment was adopted.

TuESDAY, JuLY 21, 1931.

517

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 34, the nays 1.
The bill as amended, having received the requisite constitutional majority, was passed.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Pruett of the 32nd District-
Senate Bill No. 40. A bill proposing to amend Section 1482 (1) of the Penal Code providing for payment of Pensions to certain Widows of confederate soldiers.
Senator Pruett of the 32nd District moved that the above bill be tabled, and the motion prevailed.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Pruett of the 32nd District-
Senate Bill No. 78. A bill proposing an amendment to Paragraph 1, Section 1, Axticle 7 of the Constitution fixing the eligibility of certain widows of Confederate soldiers and others, and for other purposes.
Senator Moore of the 47th District offered the following amendment:
To amend Senate Bill No. 78 by striking the figures 1891 in line 9 of section 1, of said bill, being the last figures in said section and insert in lieu of said figures "1891" the figures 1910.
Senator Stark of the 43rd District moved to table the bill and proposed amendment, and the motion prevailed.

518

JouRNAL OF THE SENATE,

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House, to-wit:

By Mr. Tippins of Evans-
House Bill No. 265. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Evans County, and for other purposes.

By Mr. Dixon of Pierce-
House Bill No. 295. A bill to be entitled an Act to provide that the alternative four days Road Law shall not be operative in certain counties, and for other purposes.

By Mr. Morris of Atkinson-
House Bill No. 296. A bill to be entitled an Act to amend an Act chartering the City of Pearson, and for other purposes.

By Mr. Clark of Catoosa-
House Bill No. 307. A bill to be entitled an Act to regulate the hours of voting in certain counties, and for other purposes.

By Mr. Clark of Catoosa-
House Bill No. 308. A bill to be entitled an Act to increase the number of terms of the Superior Court of Catoosa County, and for other purposes.

By Mr. Hubbard of Wilkinson-
House Bill No. 318. A bill to be entitled an Act to establish the City Court of Irwinton, and for other purposes.

TuESDAY, JuLY 21, 1931.

519

By Mr. Hubbard of Wilkinson-
House Bill No. 319. A bill to be entitled an Act to abolish the County Court of Wilkinson County, and for other purposes.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Ennis of the 20th District-
Senate Bill No. 50. A bill to exempt from taxation, houses, land and equipment owned by and constituting the regular meeting places of civic, educational and other institutions, and for other purposes.
President Neill resumed the Chair.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate was read the third time and put upon its passage:
By Senator McWhorter of the 50th DistrictSenate Bill No. 60. A bill to amend an Act known as
the Georgia Motor Vehicle Law.
Senator McWhorter asked unanimous consent that the bill be recommitted.
The consent was granted.

The following bills of the Senate were read the third time and put upon their passage:

520

JouRNAL oF THE SENATE,

By Senators Davis of the 31st District, Strickland of the 1st District, and Reagan of the 35th District-
Senate Bill No. 53. A bill to regulate the practice of Chiropody in Georgia, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 0.
The bill hw~ing received the requisite constitutional majority was passed.

By Senator McWhorter of the 50th District-
Senate Bill No. 61. A bill to regulate the operation of trains on certain railroads, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pass1.ge of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority w:ts passed.

By Senator Stark of the 43rd District-
Senate Bill No. 63. A bill to provide that all quasi public corporations of this State shall make financial reports to the State Auditor, 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 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator West of the 11th DistrictSenate Bill No. 71. A bill to amend an Act known as

TuEsDAY, JuLY 21, 1931.

521

the Georgia Workmen's Compensation Act approved August 17, 1930, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Dekle of the 6th District-
Senate Bill No. 64. A bill to authorize the Board of Trustees of the Georgia State Woman's College at Valdosta, to borrow money for certain purposes.
The Committee offered the following substitute!
A BILL
To be entitled "An Act to authorize and empower the Boards of Trustees of the branches of the State University to borrow money for the operation of said several schools operated as branches of the University of Georgia, and for said purpose to pledge and assign and hypothecate warrants which may be drawn on appropriations by the Legislature of funds to said branches of the University of Georgia or to otherwise for said purpose pledge and hypothecate any appropriations which may be due said branches of the University of Georgia from appropriations of funds by the Legislature, and for other purposes."
Section 1. Be it enacted by the General Assembly and it is hereby en<fcted by authority of the same; that from and after passage of the Act the local boards of trustees of the various branches of the State University, as now or hereafter established by the General Assembly, shall have

522

JouRNAL OF THE SENATE,

the power and authority whenever they deem it necessary to borrow such amounts of money and no more as may be due said branches of the University of Georgia in appropriations made for their support and operation by the General Assembly. Said funds to be used for the purpose of paying the teachers in said colleges or schools or otherwise defraying the expense of operating said schools or colleges, as may be deemed proper by the Finance Committee of said boards of trustees; provided they shall not at any time have authority under this Act to borrow a sum of money greater in the aggregate than the sum to which said college may be entitled from appropriations made by the General Assembly.
Section 2. In order for the boards of trustees to borrow money for the purposes hereinbefore stated there shall be passed by the said boards of trustees or by the Finance Committee of said boards, a resolution authorizing said money to be borrowed wherein it shall be stated the amount to be borrowed, the length of time it is to be used, the rate of interest to be p1.id, the purpose for which borrowed, from whom the same is to be borrowed, and the amount of funds due said schools or colleges from appropriations by the Legislature which resolution shall be recorded on the minutes of the meeting of said boards of trustees or the Finance Committee thereof.
Section 3. Term of Loan.
No money shall be borrowed for a longer term than is absolutely necessary and any such loan as herein authorized shall be repaid from funds received on account of the appropriations herein authorized to be pledged and assigned.
Section 4. Interest.
Said boards of trustees shall be authorized to pay from such appropriations interest on such loans.
Section 5. Pledge and Assignment of Warrants or Appropriations.

TuESDAY, JuLY 21, 1931.

523

For the purpose of securing loans herein provided for said boards of trustees through their Finance Committees or their Chairman and Secretary shall have authority after and in accordance with the resolution herein provided for to execute appropriate pledges or assignments of said unpaid appropriations whether they shall be represented by warrants on the Treasury or not and they shall be authorized to direct the payment of such appropriations as may be necessary to retire such loans directly to the holders thereof, or if they should be paid to said boards of trustees or the officers thereof then they shall be by them applied to the discharge of such indebtedness and until said loans shall be paid funds so received shall be held for the exclusive use and benefit of the holders of such loans and/or pledges and/or assignments.
Section 6. Notes for Money.
After the passage of the aforesaid resolution the boards of trustees either through their Chairman and Secretary, or through the Chairman of the Finance Committee and the Secretary shall be authorized to execute note or notes in the name of said boards of trustees for any such monies herein authorized to be borrowed, such notes either to contain or be separate from the assignments and pledges herein muthorized.
Section 7. What Appropriations May be Pledged.
Such boards of trustees shall have the power and authority hereunder to execute the notes and pledges and assignments herein provided for to secure indebtedness now existing for funds secured for operating purposes, provided that only the appropriations due for previous years shall be so pledged, and provided they may only pledge and assign appropriations hereafter due for monies hereafter required for operating purposes of said schools or colleges.
Section 8. Such boards of trustees shall in no event make pledge or assignment of such funds from appwpria-

524

JouRNAL oF THE SENATE,

tions in excess of those due or to become due during the current fiscal year.
Section 9. Be it further enacted, that all laws or parts of laws in conflict with this Act are hereby repealed.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill by substitute, the ayes were 30, the nays 0.
The bill by substitute, having received the requisite constitutional majdrity, was passed.

The following bill of the Senate was read the third time, and put upon its passage:

By Senator McWhorter of the 50th DistrictSenate Bill :t\o. 80. :\ bill to authorize minors to pur-
chase shares of stock in Building and Loan Associations, 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 26, the nays 2.
fhe bill having received the requisite constitutional majority was passed.

fhe following privileged resolutions were read and adopted:

By Senator Whitehurst of the 21st District-
A resolution extending the privileges of the floor to the Hon. Joe Ben Jackson of Gray.

By Senator Denton of the 38th DistrictA resolution extending the privileges of the floor to the
Hon. W. Vv. Mundy of Cedartown.

TuESDAY, JuLY 21, 1931.

525

By Senators Pratt of the 41st District and Weekes of the 34th District-
A resolution extending the privileges of the floor to Mrs.
J. 0. M. Smith, wife of Senator Smith of the 30th District.

By Senators Duckworth of the 7th District and Puett of the 40th District-
A resolution extending the privileges of the floor to
Professor J. Worth Sharp of Young Harris College.

By Senator Tippins of the 49th District-
A resolution extending the privileges of the floor to Mrs. W. T. Adkins, wife of Senator Adkins of the 9th District.

By Senators Weekes of the 34th District and West of the 11th District-
A resolution extending the privileges of the floor to Miss Annie Grimes of Montgomery, Ah., and Miss Elizabeth Christie of Decatur, Georgia.

By Semtor McWhorter of the 50th District-
A resolution extending the privileges of the floor to the Hon. George D. Bennett.
Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion prevailed.
The President announced that the Sen'lte stood adjourned until 10:00 o'clock tomorrow morning.

526

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, JuLY 22, 1931.

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.

The roll was called and the following Senators answered to their names:

Adki,ns Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

Senator Watson of the 3rd District asked unanimous consent that Senate Bill No. 57 relating to Burial Associations, and unfavorably reported by the committee, be

WEDNESDAY, JuLY 22, 1931.

527

recommitted to the committee on General Judiciary No.2. There was objection.
Senator Harris of the 18th District asked unanimous consent that the following be adopted as the order of business for this session during the first part of the period of Unanimous Consents:
1. Introduction of new matter.
2. Reports of Standing Committees.
3. Second reading of Senate and House bills favorably reported.
4. Third reading and passage of local and uncontested Senate and House bills.
5. First reading of House bills.
The consent was granted.
Senator Bennett of the 5th District asked unanimous consent that the adverse report of the committee as to House Bill No. 309 relating to Burial Associations be agreed to.
The consent was granted and the bill was lost.

The following bills of the Senate were read the first time and referred to committees:

By Senator Harris of the 18th District-
Senate Bill No. 103. A bill to permit a person to file an application to have his or her disabilities removed to marry again, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Pruett of the 32nd District-
Senate Bill No. 104. A bill to abolish the office of Tax Receiv-er and Tax Collector of Lumpkin County; to create

528

JouRNAL OF THE SENATE,

the office of County Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Denton of the 38th District-
Senate Bill No. 105. A bill to repeal an Act known as the Banking Law of the State of Georgia, and for other purposes.
Referred to Committee on State of the Republic.

By Senator Richardson of the lOth District-
Senate Bill No. 106. A bill to provide for the control, sale and free distribution of Hog Cholera Serum, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

By Senators Neill of the 24th District and Johnson of the 42nd District-
Senate Bill No. 107. A bill to amend the Constitution to authorize the Governor to issue bonds not exceeding $5,000,000 to discharge unpaid appropriations of 1927 and 1929, and for other purposes.
Referred to Committee on Amendments to Constitution.

By Senators Neill of the 24th District and Johnson of the 42nd District-
Senate Bill No. 108. A bill to authorize the Governor of Georgia to issue bonds in sum not exceeding $5,000,000 to pay unpaid appro~riations of 1927 and 1929, and for other purposes.
Referred to Committee on Amendments to Constitution.

WEDNESDAY, }ULY 22, 1931.

529

By Senator Moore of the 47th DistrictSenate Bill No. 109. A bill to amend Section 4642 of
Park's Annotated Code of 1914, so as to provide for disqualification of certain judges, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Ennis of the 20th DistrictSenate Bill No. 110. A bill to establish the Georgia
Training School for Colored Girls, and for other purposes.
Referred to Committee on Training Schools.

The following bills of the Senate, favorably reported by the committees, were read the second time:

By Senators Watson of the 3rd District, Dekle of the 6th District, and Bennett of the 5th District-
Senate Bill No. 29-A. A bill to amend the Georgia Securities Law, and for other purposes.

By Senator North of the 36th District-
Senate Bill No. 82. A bill to amend an Act to regulate the practice of Chiropody in Georgia, and for other purposes.

By Senator Denton of the 38th District-
Senate Bill No. 87. A bill to provide a new charter for the Town of Hiram, and for other purposes.

The following resolution of the Senate, favorably reported by the committee, was read the second time:
Senate Resolution No. 43. A resolution for the adoption of the Code of 1932.

The following bills of the House, favorably reported by the committees, were read the second time:

530

JOURNAL OF THE SENATE,

By Mr. Gullatt of Campbell-
House Bill No. 167. A bill to provide that all properties of Campbell County shall become the property of Fulton County.
By Mr. Franklin of Butts-
House Bill No. 240. A bill to amend an Act incorporating the Town of Jenkinsburg.

By Messrs. Bunn and Stanton of Ware-
House Bill No. 242. A bill to amend an Act to provide a new charter incorporating the Town of Waresboro in Ware County.

By Mr. Howard of Long-
House Bill No. 254. A bill to amend an Act to create a new charter for the City of Ludowici.

By Mr. Battle and others of Muscogee-
House Bill No. 285. A bill to amend the Act creating a new charter for the City of Columbus.

By Mr. Courson ofBrantley-
House Bill No. 289. A bill to amend an Act incorporating the City of Nahunta.

By Mr. James of Jones-
House Bill No. 123. A bill to amend an Act creating the City Court of Gray for Jones County.

By Messrs. Bean and Dorsett of Carroll-
House Bill No. 174. A bill to amend an Act to establish a City Court in the City of Carrollton.

WEDNESDAY, }ULY 22, 1931.

531

By Mr. Sammon of Gwinnett;-
House Bill No. 306. A hill to amend an Act to establish a System of Public Schools in the Town of Lawrenceville.

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

By Mr. Thomas of Wayne-
House Bill No. 6. A bill to abolish the office of Tax Receiver and Tax Collector of Wayne County; to create the office of County T~x 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, the nays 0.
The hill having received the requisite constitutional majority was passed.

By Mr. Fagan of Peach-

House Bill No. 39. A hill to fix the salary of the Solicitor-

General of the Macon Judicial Circuit_,, to be paid by Peach

County, and for other purposes.

,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the hill, the ayes were 39, the nays 0.

The hill having received the requisite constitutional majority was passed.

By Mr. Bush of Miller-
House Bill No. 50. A hill to amend an Act entitled an .Act creating the City Court of Miller County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

532

JouRNAL oF THE SENATE,

On the passage of the the bill, the ayes were 38, the naysO.
The bill having received the requisite constitutional majority was passed.

By Mr. Harris of Terrell-
House Bill No. 62. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Terrell.
The report of the committee, which was hvorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Morris of AtkinsonHouse Bill No. 233. A bill to repeal an Act entitled
"Atkinson County Tax Commissioner Referendum."
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Stewart of CoffeeHouse Bill No. 259. A bill to abolish the office of Tax
Receiver and Tax Collector of Coffee County; to create the office of County 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

WEDNESDAY, JuLY 22, 1931.

533

By Mr. Burton of Franklin-
House Bill No. 257. A bill to abolish the office of Tax Receiver and Tax Collector of Franklin County; to create the office of County 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Fraser of Liberty-
House Bill No. 282. A bill to repeal an Act to make it unlawful for any live-stock dealer to deal in live-stock in Liberty County under certain conditions, 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 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Fraser of Liberty-
House Bill No. 283. A bill to abolish the office of Tax Receiver and Tax Collector of Liberty County; to create the office of County Tax Commissioner.
Senator Martin of the 2nd District offered the following amendment, which was adopted:
By striking the words "County Commissioners" whereever they appear in said bill, and by inserting in the place thereof the words "Commissioners of Roads and Revenues."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

534

JouRNAL oF THE SENATE,

On the passage of the bill, as amended, the ayes were 36, the nays 0.
The bill, as amended, having received the requisite constitutional majority was passed.

By Mr. Courson of Brantley-
Hause Bill No. 290. A bill to abolish the office of Tax Receiver and Tax Collector of Brantley County; to create the office of County 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 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Hubbard of Wilkinson-
House Bill No. 298. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for Wilkinson 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Hubbard of Wilkinson-
House Bill No. 299. A bill to create a Board of Commissioners of Roads and Revenues for Wilkinson 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 38, the nays 0.

WEDNESDAY, JuLY 22, 1931.

535

The bill having received the requisiteJconstitutional majority was passed.
The following bill of the House was read the third time and put upon its passage:
By Mr. Montgomery of Webster-
House Bill No. 314. A bill to abolish the office of Tax Receiver and Tax Collector of Webster County; to create the office of County 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 3.9, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bills of the House were read the first time and referred to comm,ittees:

By Mr. Hubbard of Wilkinson-
House Bill No. 318. A bill to establish the City Court of Irwinton in Wilkinson County.
Referred to Committee on Special Judiciary.

By Mr. Clark of CatoosaHouse Bill No. 307. A bill to regulate the hours of voting
in ce1rtain counties. Referred to Committee on Privileges and Elections.
By Mr. Clark of CatoosaHouse Bill No. 308. A bill to increase the number of
terms of the Superior Court of Catoosa County. Referred to Committee on Special Judiciary.

536

JouRNAL OF THE SENATE,

By Mr. Hubbard of Wilkinson-
House Bill No. 319. A bill to abolish the County Court of Wilkinson County.
Referred to Committee on Special Judiciary.

By Mr. Tippins of Evans-
House Bill No. 265. A bill to abolish the office of Tax Receiver and Tax Collector of Evans County; to create the office of Tax Commissioner.
Referred to Committee on Counties and County Matters.

By Mr. Morris of Atkinson-

House Bill No. 296. A bill to amend an Act chartering

the City of Pearson.



Referred to Committee on Municipal Government.

By Mr. Dixon of Pierce-
House Bill No. 295. A bill relating to the 4 days road law in certain counties.
Referred to the Committee on Highways and Public Roads.

Senator Watson of the 3rd District, Chairman of the Committee on Genera:l 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 the same do pass:
House Bill No. 167.

WEDNESDAY, JuLY 22, 1931.

537

Senate Bill No. 29-A. Senate Bill No. 43.
Respectfully submitted, WATSON, Chairman.

Senator Alexander of the 25th 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. 82.
Respectfully submitted,
ALEXANDER, Chairman.

Senator Johnson of the 42nd 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. 87.
House Bill No. 242.
Respectfully submitted,
JoHNSON, Chairman.

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JouRNAL oF THE SENATE,

Senator Bennett of the 5th District, Chairman of the Committee on Reapportionment, submitted the following report:
Mr. President:
Your Committee on Reapportionment 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 as amended:
Senate Bill No. 92.
Respectfully submitted,
BENNETT, Chairman.

Senator Johnson of the 42nd 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 s<>me do pass as amended:
House Bill No. 285.
Respectfully submitted,
JoHNSON, Chairman.

Senator Strickland of the 1st 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

WEDNESDAY, JuLY 22, 1931.

539

me, as chairman, to report the same back to the Senate with the recommendation that the same do pass by substitute:
Senate Bill No. 35.
Respectfully submitted,
STRICKLAND, Chairman.

Senator North of the 36th 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. 240.
House Bill No. 254.
House Bill No. 289.
Respectfully submitted,
NoRTH, Chairman.

Senator Johnson of the 42nd 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 not pass:

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JouRNAL oF THE SENATE,

House Bill No. 309.

Respectfully submitted, JoHNSON, Chairman.

Senator Harris of the 18th District asked unanimous consent that Senate Bill No. 1 be withdrawn from the committee, read d.e second time, recommitted, and the motion prevailed.
Senator Harris of the 18th District offered the following joint resolution, which was adopted:
Senate Resolution No. 4'1. A resolution that the General Assembly convene ::tt noon on July 28th, to hear the address of the Hon. Walter F. George, and that the presiding officers of the Senate and House each respectively appoint a committee of 3 from the Senate and 5 from the House to escort Senator George to the Hall of the House of Representatives.
Pursuant to the resolution, the President appointed a committee on the part of the Senate, to-wit:
Senators Harris of the 18th District,
Jackson of the 14th District,
Adkins of the 9th District.

The following resolution was read and adopted:

By Senator Harris of the 18th District-
Senate Resolution No. 45. A resolution extending the thanks of the Senate to the Hon. Tom Wisdom, State Auditor, for the comprehensive and efficient report made pursuant to Senate Resolution No. 36.

The following resolution was read, and by unammous consent was adopted:

WEDNESDAY, JuLY 22, 1931.

541

By Senator Hand of the 8th District-
Senate Resolution No. 46. A resolution that the President of the Senate be authorized and instructed to appoint a committee of three members of the Senate to investigate the operation of the Department of Agriculture and the Bureau of Markets, to report back to the present session, and recommend ways and means of a more economical administration of these departments.

The following bill of the Senate, which had been recommitted at yesterday's session with instructions to report back to the Senate at this session, was taken up for consideration:

By Senators Pratt of the 'llst District, Knabb of the 4th District, and Hand of the 8th District-
Senate Bill No. 35. A bill to repeal Section 23 of Act No. 427, as to fishing, and for other purposes.

The committee offered the following substitute:

A BILL
To be entitled an Act repealing Section 23 of Act No. 427, approved August 2()th, 1925, to allow fishing with hook and line devices prescribing a closed season during spawning season or sale and purchasing fish, prohibiting seines and other devices and allowing gill nets durin!Z the months of November, December, January and February for catching carp, gar and all sucker fish and provide a penalty on violation of this law.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that from and after the passage of this Act Section 23 of the Act of 1925, page 308, of the Acts of the General Assembly of 1925, approved August 26, 1925, is hereby repealed, said Section 23 reading as follows, to-wit:

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JouRNAL OF THE SENATE,

"Section 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 of 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 said action is had and transmitted to the Board of Game and Fish, it shall be the duty of said board and it s)iall be required to immediately pass an order carrying out the r.ecommendation of said Grand Jury and advertise said order in the county affected 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 Section 23 is repealed, the following is enacted into the laws of the State:
Sec. 2. Be it further enacted by the authority aforesaid that there is hereby enacted a general law to prohibit fishing in the fresh waters of Georgia during the spawning period, to-wit: It shall be unlawful for any person to fish in any of the fresh waters of Geo['gia, by hook and line or by any other means from April 15th, to June 1st, of each year.
Sec. 3. Be it further enacted that this inhibition shall not apply to the creeks and rivers and other running streams of the following eighteen (18) mountain counties: Catoosa, Chattooga, Dade, Dawson, Fannin, Gilmer, Gordon, Habersham, Lumpkin, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield; but that fishing in any of the creeks, rivers, and other running streams of said eighteen (18) mountain counties shall be prohibited from October 1st to March 31st, and fishing in the ponds
and lakes cf said eighteen (18) mountain counties shall be

WEDNESDAY, JuLY 22, 1931.

543

prohibited from October 1st to March 31st, it being the purpose of this exception to provide special protection for brook, rainbow and other species of mountain trout found in the streams of North Georgia and which commonly spawn during the fall and winter:
Be it further enacted that it shall be unlawful to take in any single day more than twenty (20) rainbow trout or more than twenty-five (25) brook trout from any of the waters in said eighteen counties; Provided further that it shall be unlawful to seine in the said aforesaid eighteen (18) mountain counties at any time.
Provided further that non-residents of this State shall pay $5.25 for non-resident license in the aforesaid eighteen mountain counties.
Sec. 4. Be it further enacted by the authority aforesaid that it shall be unlawful to sell or purchase fresh water fish during the spawning season of the months of April 15th, to June 1st, and any persons violating this provision shall be punished as for a misdemeanor.
Sec. 5. Be it further enacted by the authority aforesaid that any person or persons in lawful possession of private ponds, under lease or ownership and others with the owner or lessor's consent can fish same in any manner all seasons of the year.
Sec. 6. Be it further enacted by the authority aforesaid that it shall be unlawful for any person to take fish from fresh waters of Georgia by means of seine, trap, nets, dynamite, liquid poison, or other similar devices, of like kind other than hook during the months of November, December, January and February for purpose of catching fresh water mullet, carp, gar and all sucker fish and provide further that none of this Act shall affect the present Shad laws of Georgia.
Sec. 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same,

544

JouRNAL oF THE SENATE,

that each peddler of fresh water fish or other person selling fresh water fish who does not operate a regular place of business shall, before offering fish for sale, p'ly a license fee . of $10.50 in each countv in which fish are offered for sale. The license provided fo.r in this section shall be issued in the same manner and by th~ same official as hunting licenses are issued, and the official issuing same shall receive and be entitled to a fee of fifty ($0.50) cents on each license issued.
Be it further enacted that a license is hereby required of all persons who are non-residents of the State of Geortria, and shall be issued upon the payment of fee of .S5.25. The license provided for in this section shall be issued in the manner and by the same official as hunting licenses are issued, and the fee therefor shall be the same.
Sec. 8. Be it further enacted that all monies arising from the sale of fishing licenses as provided in this Act shall be kept in a special fund to be known as the Fish Propagation and Protection Fund, and shall be used only for the establishment and operation of fish hatcheries, for otherwise propagation fish for restocking the waters of Georgia, for the enforcement of the provisions of this Act and all other fresh water fishing laws of this State.
Sec. 9. Be it further enacted by the authority aforesaid that any person or persons violating any of the provisions of this Act shall be guilty of a misdemeanor.
Sec. 10. Be it further enacted that all laws and parts of laws conflicting with this Act be and the same are hereby repealed.

Senator Jones of the 51st District offered the following amendment to the substitute:
To amend Section 6 that the provision of this Act shall not apply to seining in any of the streams of this State during the months of July and August. Nothing in this

WEDNESDAY, JuLY 22, 1931.

545

amendment pertams to the 18 mountain counties named in this Act.
The amendment was lost.
Senators Stark of the 43rd District and Neill of the 24th District offered the following amendment to the substitute:
Amend Section 8 by adding the following language at the end thereof "All monies so collected shall be forthwith paid into the State Treasury as provided by law."
The amendment was adopted.
Senators Williams of the 27th District, Wallace of the 28th District, and Reagan of the 35th District offered the following amendment to the substitute:
To amend Section 6 of the substitute to Senate Bill No. 35 by adding the following "Provided the provisions of this section shall not apply to the following counties, Morgan, Putnam, Henry, Walton, Barrow, Oconee and Milton."
Tihe amendment was adopted.
The question was on the adoption of the substitute as amended.
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, by substitute as amended, the ayes were 34, the nays 0.
The bill, by substitute as amended, having received the requisite constitutional majority was passed.
Senator Fowler of the 39th District asked unanimous consent that Senate Bill No. 35 be immediately transmitted to the House, and the consent was granted.
The following bill of the Senate, postponed at the session of July 13, 1931, was put upon its passage:

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JouRNAL oF THE SENATE,

By Senator Watson of the 3rd District-
Senate Bill No. 10. A bill to abolish the office of County Game \Varden, and for other purposes.
The question was on the amendment offered by Senator Fowler of the 39th District.
Senator Courson of the 16th District offered the following amendment to the amendment:
To amend Section 6 that line one, two and three be stricken in its entirety and in lieu thereof "permitting any person to hunt in his own resident county without securing a license."
The amendment was lost.
The following amendment was offered by Senators Neill of the 21th District and Stark of the :13rd District:
By adding at the end of Section (j the following: "All monies derived from this Act shall be forthwith paid into the State Treasury according to law."
The amendment was adopted.
Senator Williams of the 27th District offered the following amendment:
By adding the following to Section 6: Provided that nothing herein shall prevent a land owner, his tenants and their families with the land owners consent from hunting on his own land without a license.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as <'mended, the ayes were 39, the nays 0.
The bill ;.;ts amended, having received the requisite constitutional majority was passed.

WEDNESDAY, JuLY 22, 1931.

547

The following bill of the Senate, postponed at a previous session, was taken up for consideration:

By Senator Watson of the 3rd District-
Senate Bill No. 16. A bill to prohibit the use of seines in fresh water streams, and for other purposes.
Senator \Vatson of the 3rd District asked unanimous consent that the bill be tabled, and the consent was granted.
Senator Fowler of the 39th District was called to the Chair.

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

By Senator Watson of the 3rd District-
Senate Bill No. 18. A bill for the protection of birds, game, fish and fur-bearing animals, and for other purposes.

Senator Hand of the 8th District offered the following amendment:
By adding the following proviso to Section 2, to-wit:
"Provided, however, that a landowner and or his guest may be allowed to kill 20 quail a day each and that the limitation of 40 quail per week shall not apply to a landowner and or his guest."
The amendment was adopted.

Senators Stark of the 43rd District, Puett of the 40th District, and Brock of the 44th District, offered the following amendment:
By adding to line 17 of Section 1 the following language: "In the counties of Catoosa, Dade, Dawson, Fannin, Gilmer, Gordon, Habersham, Lumpkin, Murray, Pickens, Rabun, Stevens, Towns, Union, Walker, White and Whit-

548

JouRNAL oF THE SENATE,

field the date shall be from August 15 to January 15 for killing cat squirrels.
The amendment was adopted.

Senator Watson of the 3rd District offered the following amendment:
To amend Section 1 by striking from the last line of said section the word "after" and inserting in lieu thereof the word "during."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, the ayes were 28, the nays 0.
The bill having received the requisite constitutional majority was passed.
President Neill of the 24th District resumed the Cha1r.

The following bill of the Senate, proposing an amendment to the Constitution, was read the third time and put upon its passage:

By Senators Neill of the 21th District, West of the 11th District, McWhorter of the 50th District, and others-
Senate Bill No. 34:
A BILL
To be entitled an Act to amend the Constitution of Georgia by inserting the words "Lieutenant-Governor" in Paragraph 1, Section 1, of Article 5 of said Constitution, and by striking Paragraph 8 of said Section 1 of Article 5 and inserting in lieu thereof a new section prescribing the qualifications, the manner of electing, the powers, duties and salary of the Lieutenant-Governor, and to provide for the succession and the exercise of the executive powers

WEDNESDAY, JuLY 22, 1931.

549

of the Government in case of the death, resignation, removal from office, or other disability of the Governor; to amend Paragraph 2 of Section 5 of Article 3 of the Constitution of Georgia by repealing Paragraph 2 of said Section 5 of Article 3 and inserting in lieu thereof a section providing that the Lieutenant-Governor shall he the presiding officer of the Senate, and as such styled the President of the Senate; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows:
Section 1. Paragraph 1 of Section 1 of Article 5 of the Constitution of the State of Georgia is hereby amended by inserting in said paragraph after the word "Governor" and before the word "Secretary" the words "LieutenantGovernor," so that said paragraph, when amended, shall read as follows, to-wit:
"Paragraph 1. The officers of the Executive Department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Comptroller-General, and Treasurer."
Sec. 2. Paragraph 8 of said Section 1 of Article 5 of the Constitution of the State of Georgia is hereby stricken and the following paragraph shall be inserted in lieu thereof, to-wit:
"Paragraph 8. (1) The Lieutenant-Governor shall have the same qualifications, and shall be elected at the same time and in the same manner and for the same term of office as the Governor.
(2) The Lieutenant-Governor shall be President of the Senate but shall vote, only, when the Senate is equally divided or unless his vote, if given to the minority, will make the division equal, and in case of such equal division the question shall be lost. In case of his absence or impeachment or when he shall exercise the office of Governor, the Senate shall choose a President pro tempore.

550

JouRNAL OF THE SENATE,

(3) In case of the death, resignation, removal from office or disability of the Governor, the Lieutenant-Governor shall exercise the executive powers of the Governor until such disability is removed or a successor is elected and qualified; and in case of the death, resignation or disability of the Lieutenant-Governor or his removal from office, the Speaker of the House of Representatives shall exercise the executive powers of the Governor until the removal of the disability or the election and qualification of a Governor; and in case the Speaker of the House of Representatives, for any of the above stated causes, shall be incapable of performing the duties of the Governor, the same shall devolve upon and be exercised by the Secretary of State, until the election and qualification of a Governor.
(4) The Lieutenant-Governor shall receive such compensation as the General Assembly may fix per annum; but while acting as Governor the Lieutenant-Governor, the Speaker of the House of Representatives or the Secretary of State shall receive the same compensation as the Governor would have received had he been actively serving for such time in the duties of his office, and none other.
(5) The General Assembly is hereby empowered to define the disability of the Governor, as referred to in. Sub-paragraph 3 hereof."
Sec. 3. Paragraph 2 of Section 5 of Article 3 of the Constitution of the State of Georgia is hereby stricken and the following paragraph inserted in lieu thereof, to-wit:
"Paragraph 2. The Lieutenant-Governor shall be the presiding officer of the Senate, and shall be styled the President of the Senate."
Sec. 4. Whenever the above proposed amendments 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 have been entered on their journals

WEDNESDAY, JuLY 22, 1931.

551

with the ayes and nays taken thereon, the Governor shall, and he is hereby authorized and directed to, cause the amendments to be 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 the proposed amendments to the Constitution shall have written or printed on their ballots the words "For ratification of amendments providing for a Lieutenant-Governor, prescribing his powers and duties, and providing for the exercise of the powers and duties of the Government in case of a vacancy or disability of the Governor." All persons opposed to the adoption of the amendments shall have printed or written on their ballots the words "Against ratification of amendments providing for a Lieutenant-Governor, prescribing his powers and duties, and providing for the exercise of the powers and duties of the Government in case of a vacancy or disability of the Governor." If a majority of electors to vote for 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 the said amendments shall become a part of the Constitution of this State, and the Governor shall make his proclamation thereof as pro ;ided by law.

Sec. 5. 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, the roll was called and the vote was as follows:

Those voting 111 the affirmative were Senators:

Adkins Alexander

Bennett Brock

Clements
Courson

552

JoURNAL OF THE SENATE,

Denton Duckworth Fowler Hand Harris Jackson Jones Langford McKenzie McWhorter

Martin Moore Neisler Nelson Perkins Peterson Pratt Pruett Puett

Richardson Smith Stark Strickland Wallace Waters Watson West Mr. President

Those voting in the negative were Senators:

Beck Davis Ennis Horn

Johnson Knabb Lazenby Nix

North Whitehurst Williams

On the passage of the bill, the ayes were 34, the nays 11.

The bill having received the requisite two-thirds constitutional majority was passed.

The following bill of the Senate, being an amendment to the Constitution, was taken from the table,!by unanimous consent, and put upon its passage:

By Senator Pruett of the 32nd District-
Senate Bill No. 78.
A BILL
To be entitled an Act to propose to the qualified voters of the State of Georgia an amendment to Paragraph 1, Section 1, of Article 7, of the Constitution of Georgia, ratified November 2nd, 1920, fixing the eligibility of widows of Confederate soldiers and ex-Confederate soldiers, 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 Paragraph 1, Section 1, of Article 7, of the Constitution of Georgia., ratified November 2, 1920, be

WEDNESDAY, JuLY 22, 1931.

553

amended as follows, to-wit: By striking the figures "1881," as found in the twelfth line of said amendment to the Constitution of Georgia, as it appears in Section 6551, of Volume 10, of Park's Code of Georgia, by substituting in lieu of said stricken figures the following figures to-wit: "1891."
Sec. 2. Be it further enacted by the authority aforesaid, that the Governor is hereby required, at the next general election to be held on Tuesd:1y after the first Monday in November 1932 to submit this amendment to the people of the State for ratification or rejection. That the form of said submission shall be as follows, to-wit: "For ratification of the amendment to Paragraph 1, Section 1 of Article 7, of the Constitution of Georgia as ratified November 2, 1920," or "Against ratification of amendment to Paragraph 1, Section 1, of Article 7, of the Constitution of Georgia as ratified N ovemher 2, 1920."
Sec. 3. Be it further enacted by the authority aforesaid, that the Governor is hereby required to cause the above amendment to be published in one newspaper in each Congressional District of the State for the space of two months before the next general election, and the votes cast at such election on said amendment shall be consolidated in the several counties of this State as now required by law in elections for members of the General Assembly, and the returns thereof shall be made to the Governor of the State, and, should a majority of the votes cast at such election be in favor of the ratification of said amendment, then it shall be the duty of the Governor, by his procla- mation, to declare the same adopted, and it shall become a part of the Constitution of the State of Georgia.
Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of law in conflict with the provisions of this Act be and the same are hereby repealed.
Senator Moore of the 47th District offered the following amendment, which was lost:

554

JouRNAL oF THE SENATE,

By striking the figures "1891" in line 9 of Section 1 of said bill, being the last figures in said section and insert in lieu of said figures "1891" the figures "1910."

Senator McWhorter of the 50th District offered the following amendment, which was lost:

By striking out the figures "1891" and inserting in lieu thereof the figures "1901."

The bill proposing an amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adkins Beck Brock Clements Denton Fowler Harris Horn

Johnson Jones Knabb Langford Lazenby McWhorter Neisler Nix

North Pratt Pruett Puett Richardson Wallace Watson West

Those voting in the negative were Senators:

Alexander Bennett Duckworth Hand McKenzie Martin

Moore Perkins Peterson Smith Stark Strickland

Tippins Waters Weekes Whitehurst Williams

The ayes were 24, the nays 17.

The bill, proposing to amend the Constitution, did not "receive the requisite two-thirds constitutional majority, and was lost.

The following privileged resolutions were read and adopted:

By Senator McWhorter of the 50th DistrictA resolution extending the privileges of the floor to the
Hon. J. H. Skelton.

WEDNESDAY, JuLY 22, 1931.

555

By Senator Strickland of the 1st District-
A resolution extending the privileges of the floor to the Hon. Gordon Saussey.

By Senator McKenzie of the 48th District-
A resolution extending the privileges of the floor to Miss Josephine Bracewell.

By Senator Wallace of the 28th District-
A resolution extending the privileges of the floor to the Hon. L. B. Pender.

By Senator Whitehurst of the 21st District-
A resolution extending the privileges of the floor to the Hon. Howell Hall.

By Senator Harris of the 18th District-
A resolution extending the privileges of the floor to the Hon. Sam Boykin.
Leave of absence was granted Senator Peterson of the 15th District for a few days.
Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

556

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, JuLY 23, 1931.
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.
The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examin~d and found correct.
The reading of the Journal was dispensed with, by unanimous consent, and the Journal was confirmed.
By unanimous consent, the following was adopted as the order of business for this session during the first part of the period of Unanimous Consents:
1. Introduction of new matter. 2. Reports of Standing Committees. 3. Second reading of Senate and House bills favorably reported. 4. Third reading and passage of local and uncontested, Senate and House bills. 5. First reading of House bills.
The following bill of the Senate was read the second time having been favorably reported by the committee:

THURSDAY, JuLY 23, 1931.

557

By Senator Beck of the 37th District-
Senate Bill No. 52. A bill providing for the assumption by the State of Georgia of the indebtedness incurred by certain counties and Coastal Highway Districts in building roads, and for other purposes.

The following bill of the House was read the first time and referred to the Committee on State of the Republic:

By Messrs. Huddleston of Meriwether, Crowe of Worth, Colson of Glynn, and Edwards of Lowndes-
House Bill No. 194. A bill to be entitled an Act to simplify the operations of the Executive branch of the State Government, and for other purposes.
Senator Harris of the 1,8th District asked unanimous consent that 300 copies of House Bill No.l94 be printed, and the consent was granted.
By unanimous consent, the Se.nate took a recess subject to the call of the Chair while the Committee on Rules was preparing a report.
The Senate was called to order.
The Committee on Rules submitted the following report through Senator Harris of the 18th District, the Vice-Chairman thereof:
Your Committee on Rules has had under consideration the question of fixing the time for the consideration of Senate Bill No. 92, and hereby recommends that the same being the Congressional Reapportionment bill be set as a special and continuing order of business beginning immediately after the period of unfinished business on next Wednesday, July 29, 1931.
The report of the Committee on Rules was agreed to by the requisite two-thirds vote.

558

JouRNAL OF THE SENATE,

The ayes were 38, the nays 0.

The following bills of the House, favorably reported by the committees, were read the second time:
By Mr. Hubbard of WilkinsonHouse Bill No. 320. A bill to amend an Act chartering
the City of Gordon.

By Mr. Morris of Atkinson-
House Bill No. 296. A bill to amend an Act chartering the City of Pearson.
Senator Harris of the 18th District asked unanimous consent that 300 copies of Senate Bill No.1, with amendments, be printed. The consent was granted.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bill of the House, to-wit:
By Messrs. Huddleston of Meriwether, Crowe of Worth, Colson of Glynn, and Edwards of Lowndes-
House Bill No. 194. A bill to be entitied an Act to simplify the operations of the Executive branch of the State GDvernment, and for other purposes. (This bill is known as the "Reorganization Bill".)

The following bills of the Senate were read the first time and referred to committees:
By Senators Cheatham of the 26th District and Davis of the 31st District-
Senate Bill No. 111. A bill to amend an Act to prohibit

THURSDAY, JuLY 23, 1931.

559

the manufacture, sale, barter, or giving away of alcoholic liquors, and for other purposes.
Referred to Committee on Temperance.

By Senator Weekes of the 34th District-
Senate Bill No. 112. A bill to amend an Act approved August 17, 1914 to regulate and control Fraternal and other associations, and for other purposes.
Referred to Committee on State of the Republic.

By Sen<ttor Knabb of the 4th District-
Senate Bill No. 113. A bill to repeal Section 1815 of
Volume 1, of the Code providing for the appointment and qualification of Supervisors and Inspectors of Naval Stores, and for other purposes.
Referred to Committee on Conservation.

By Senator Jones of the 51st District-
Senate Bill No. 114. A bill to amend an Act to mcorporate the Town of Alpharetta.
Referred to Committee on Municipal Government.

By Senators Weekes of the 34th District and Reagan of the 35th District-
Senate Bill No. 115. A bill to repeal an Act to incorporate the municipality of Atlanta, and for other purposes.
Rderred to Committee on Counties and County Matters.

The following bill of the House, favorably reported by the committee, was read the second time:

By Messrs. Davis and Lord of Jackson-
House Bill No. 273. A bill to amend an Act to abolish the office of Treasurer of the County of Jackson.

560

JouRNAL oF THE SENATE,

The following resolution of the Senate, favorably reported by the committee, was read the second time:

By Senator Richardson of the lOth District-
Senate Resolution No. 34. A resolution to pave Old Blue Springs Road in Dougherty County.

The following bills of the Senate, favorably reported by the committees, were read the second time:

By Senator Reagan of the 35th District-
Sen::tte Bill No. 101. A bill to create a Board of Commissioners of Roads and Rev;enues for Henry County.

By Senator Pruett of the 32nd District-
Senate Bill No. 104. A bill to abolish the office of Tax Receiver and Tax Collector of Lumpkin County; to create the office of County Tax Commissioner.

By Senator Duckworth of the 7th District-
Senate Bill No. 98. A bill to regulate the expenses of State employees; to limit the maximum price to be paid for automobiles, and for other purpm:es.

By Senator Strickland of the 1st District-
Senate Bill No. 66. A bill to amend the Georgia Motor Vehicle Law, and for other purposes.

Senator Moore of the 47th 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

THURSDAY, }ULY 23, 1931.

561

has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass by substitute, as follows:
Senate Bill No. 52. To be an Act to amend Paragraph 1, Section 8, Article 7 of the Constitution providing for the assumption by the State of the indebtedness of the several counties of the State and of the Coastal Highway District heretofore incurred, etc.
Respectfully submitted,
MooRE, Chairman.

Senator Ennis of the 20th 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. 21.
Senate Bill No. 34.
Senate Bill No. 66.
Respectfully submitted,
ENNIS, Chairman.

Senator Peterson of the 15th 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 s1me do pass:

562

JouRNAL oF THE SENATE,

Senate Bill No. 98. To regulate expenses of employees; to limit maximum price to be paid for passenger automobiles, and for other purposes.
Respectfully submitted,
PETERSON, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 27, 38, 50, 53, 61, 63, 64, 71, 80, and reports the same back as being ready for transmission to the House.
Respectfully submitted, PuETT, Chairman.

Senator Jackson of the 14th District, Chairm1.n of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee on Counties and Countv Matters has had under consideration the following bills o(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. 101. An Act to create a Board of Commissioners of Roads and Revenue for Henry County, to provide for election qualification, etc., do pass.
Senate Bill No. 104. An Act to abolish the office of Tax Receiver and Tax Collector of Lumpkin County and to create the office of County Commissioner, do pass.

THuRSDAY, JuLY 23, 1931.

563

House Bill No. 273. An Act to amend an Act approved July 25, 1924 entitled a:n Act to abolish the office of County Treasurer in Jackson County, etc., do pass.
House Bill No. 248. An Act to prohibit the running at large in Pierce County, Georgia, of any Bull or Boar Hog over four months of age, and for other purposes, do not pass.
Respectfully submitted,
JAcKSON, Chairman.

Senator Johnson of the 42nd 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. 296.
House Bill No. 320.
Respectfully submitted,
JOHNSON, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 10,18,34 and 35,and reports the same back as being ready for transmission to the House.
Respectfully submitted, PuETr, Chairman.

564

JouRNAL oF THE SENATE,

Senator Evans of the 19th 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 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.1. To provide for nominations by political parties, etc.
Respectfully submitted,
EvANS, Chairman.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Williams of the 27th District-
Senate Bill No. 68. A bill to amend an Act to provide a charter for 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 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Williams of the 27th District-
Senate Bill No. 69. A bill to abolish the office of Tax Receiver and Tax Collector of Walton County; to create the office of Tax Commissioner.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, JULY 23, 1931.

565

On the passage of the bill, the ayes were 35, the nays 0.
The bill having receiv1ed the requisite constitutional majority was passed.

By Senator Denton of the 38th District-
Senate Bill No. 87. A bill to provide a new charter for the Town of Hiram.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bills of the House were read the third time and put upon their passage:
By Mr. James of JonesHouse Bill No. 123. A bill to amend an Act creating
the City Court of Gray. The report 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, the nays 0. The bill having received the requisite constitutional
majority was passed.
By Messrs. Bean and Dorsett of CarrollHouse Bill No. 174. A bill to amend an Act to establish
a City Court in 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 35, the nays 0.

566

JouRNAL oF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Messrs. Bunn and Stanton of Ware-
House Bill No. 242. A bill to amend an Act to provide a new charter to incorporate 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 37, the nays 0.
The bill having received the requisite constitutional majority. was passed.

By Mr. Howard of Long-
House Bill No. 254. A bill to amend an Act to create a new charter for the City of Ludowici.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Battle of Muscogee-
House Bill No. 285. A bill to amend the Act creating a new charter for the City of Columbus, and for other purpose;;.
The committee offered the following amendment: By adding the following proviso at the end of section 1 of said bill, to-wit: "Provided, however, said commission shall require that its employees and officers, for whose benefit said policies may be issued, shall refund to said City of Columbus, out of their wages or compensation, the cost of premiums on said policies upon a pro rata basis."

THURSDAY, JuLY 23, 1931.

567

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 39, the nays 0.
The bill having received the requisite constitutional majority was passed as amended.

By Mr. Courson of Brantley-
Hause Bill No. 289. A bill to amend an Act incorporating the City of Nahunta.
The report 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.

By Mr. Sammon of Gwinnett-
House Bill No. 306. A bill to establish a system of Public Schools for the City of 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bills of the Senate were read the third time and put upon their passage:
By Senator Stark of the 43rd DistrictSenate Bill No. 21. A bill to reorganize and reconstitute
the State Highway Department.

568

JouRNAL oF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Senators Watson of the 3rd District andNeillofthe24th District-
Senate Resolution No. 43. A resolution for the adoption of the Code of 1932.
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 38, the nays 2.
The resolution having received the requisite constitutional majority was passed.

The following bills of the Senate were read the third time and put upon their passage:

By Senator North of the 36th District-
Senate Bill No. 82. A bill to regulate the practice of Chiropody, 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 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, JuLY 23, 1931.

569

By Senators Watson of the 3rd District, Dekle of the 6th District, and Bennett of the 5th District-
Senate Bill No. 29-A. A bill to amend an Act creating the Georgia Securities Commission.
The report 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 2.
The bill having received the requisite constitutional majority was passed.

By ,Senator Perkins of the 17th DistrictSenate Bill No. 83. A bill to requir,e certain State House
Officers and appointees and others to :make report of 'fees received, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Neill of the 24th District, Nelson of the 13th District, and Horn of the 12th District-
Senate Bill No. 86. A bill to prohibit the killing of 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 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Harris of the 18th District-
Senate Bill No. 85. A bill to establish kindergartens in Public Schools.

570

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, the nays 10.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate proposing an amendment to the Constitution was read the third time and put upon its passage:

By Senator Bennett of the ;)th District-
Senate Bill No. 9;). A bill to amend the Constitution so as to limit the powers of taxation of the General Assembly relating to the education of children, and for other purposes, as follows:

A BILL
An Act to amend the Constitution of the State of Georgia, limiting the powers of taxation by the General Assembly of Georgia, by striking from Paragraph 1, Section 1, Article 7, the words "in instructing children in the elementary branches of an English education only."
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, Section 1, Article 7 of the Constitution limiting the powers of taxation of the General Assembly and reading as follows: "For educational purposes in instructing children in the elementary branches of an English education only," be and the same is hereby amended by striking therefrom the words "in instructing children in the elementary branches of an English education only" so that said portion of said paragraph shall read "for educational purposes."
Section 2. Be it further enacted that if this Constitutional amendment shall be agreed to by two thirds of the

THURSDAY, JuLY 23, 1931.

571

members elected to each of the two Houses of this General Assembly, and shall be entered on the Journals of each House, with the ayes and nays recorded as taken thereon, the Governor is hereby directed to cause the said proposed amendment to be published in one or more of the newspapers in each Congressional District for two months previous to the time of holding the next general election, and the voters shall have written or printed on their tickets "For ratification of amendment to Paragraph 1, Section 1, Article 7 of the Constitution removing restriction on powers of General Assembly to tax for instructing children in the elementary branches of an English education only" or "Against ratification of amendment to Paragraph 1, Section 1, Article 7 of the Constitution removing restriction on powers of General Assembly to tax for instructing children in the elementary branches of an English education only." And if a majority of said electors voting at said general election qualified to vote for mem hers of the General Assembly shall ratify this proposed amendment to the Constitution of this State then said Paragraph 1, of Section 1, of Article 7 shall be stricken and removed from said Constitution and the Governor shall make proclamation thereof.
Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Senators Duckworth of the 7th District and Harris of the 18th District offered the following amendment:
By striking from line six of section 2 of said bill the words "one or more of the newspapers" and inserting in lieu thereof the words "one of the newspapers."
The amendment was adopted.
The report of the committee, which was favorable to the pass~ge of the bill as amended, was agreed to.
The bill as amended proposed an amendment to the Constitution, and the roll was called.

572

JouRNAL oF THE SENATE,

The vote was as follows:

Those voting in the affirmative were Senators:

Alexander Bennett Brock Clements Davis Dekle Denton Duckworth Ennis Fowler Hand Harris

Jackson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nix Pruett

Puett Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Williams

Those voting in the negative were Senators:

Adkins Beck Courson Evans

Horn Johnson Nelson Perkins

Pratt Reagan Richardson Whitehurst

On the passage of the bill as amended, the ayes were 35, the nays 12.

The bill as amended, having received the requisite twothirds constitutional majority, was passed.

The following resolution of the Senate was read the third time and put upon its passage:
By Senator Dekle of the 6th District-
Senate Resolution No. 17. A resolution requiring a commission of three including the State Superintendent of Schools to consider the Sound Teacher Laws of other States and recommend legislation if they deem desirable.
The report of the committee, which was favorable to the passage of the bill, was not agreed to, and the bill was lost.
The ayes were 20, the nays 25.

THURSDAY, JuLY 23, 1931.

573

The following privileged resolutions were read and
adopted: I

By Senator Beck of the 37th District-
A resolution extending the privileges of the floor to Dr. and Mrs. 0. R. Styles.

By Senator West of the 11th District-
A resolution extending the privileges of the floor to Mrs.
D. F. Martin, wife of the Senator from the 2nd district, and to Miss Evalon McDowell.

By Senator Pratt of the 41st District-
A resolution extending the privileges of the floor to Mrs. T. F. Bargeron and to Miss Dorothy Perkins.

By Senator Nix of the 33rd District-
A resolution extending the privileges of the floor to the Hon. W. W. Stark, Judge of the Superior Court of the Piedmont Circuit, and to Mrs. Sta'rk.

By unanimous consent, the following resolution was read at this time:
By Senator Moore of the 47th District-
Senate Resolution No. 47. A resolution asking the Board of Trustees of the State Agricultural College to restrain the President of the institution from publishing further statements as to the cost of producing cotton.
Referred to the Committee on Agriculture.
Leave of absence was granted the Committee on Western and Atlantic Railroad Friday and Saturday, to inspect the State's property.

574

JouRNAL oF THE SENATE,

Leave of absence was granted Senator Stark of the 43rd District, Monday, to attend Court.
Leave of absence was granted the Committee on Conservation.
Senator Pratt of the 41st District moved that the Senate do now adjourn, and the motion prevailed.
The Chair announced that the Senate stood adjourned untillO:OO o'clock tomorrow morning.

FRIDAY, JuLY 24, 1931.

575

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, JuLY 24, 1931.
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. The roll call was dispensed with by unanimous consent. The Committee on Journals reported through its ViceChairman, Senator Evans of the 19th District, that the Journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Evans of the 19th District asked unanimous consent that the following be adopted as the order of business for this session during the first part of the period of Unanimous Consents:
1. Introduction of new matter. 2. Reports of Standing Committees. 3. Second reading of Senate and House bills favorably reported. 4. Third reading and passage of local and uncontested Senate and House bills. 5. First reading of House bills.
The consent was granted.
The following bills of the Senate were read the first time and referred to committees:

576

JouRNAL oF THE SENATE,

By Senator Weekes of the 34th District-
Senate Bill No. 116. A bill to protect owners, con tractors, subcontractors, laborers, material men, and others.
Referred to Committee on General Judiciary No. 1.

By Senator Dekle of the 6th District-
Senate Bill No. 117. A bill to repeal an Act to amend an Act to establish a Board of Commissioners of Roads and Revenues for Habersham County, and for other purposes.
Referred to Committee on Counties and County Matters.

The following resolution of tl e Senate was read thejfirst time and referred to the Committee on Special Judiciary:

By Senator McWhorter of the 50th District-
Senate Resolution No. 48. A resolution to relieve J. F. Wilkinson as surety.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President: Your Committee on Engrossing has read and approved
the following Senate Bills Nos. 87 and 68. Respectfully submitted, PuETT, Chairman.

Senator Horn of the 12th District, Chairman of the Committee on Training Schools, submitted the following report:
Mr. President: Your Committee on T,raining Schools (Colored Girls) has
had under consideration the following- bill of the Senate and

FRIDAY, JuLY 24, 1931.

577

has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 110. Respectfully submitted, HoRN, Chairman.

Senator Knabb of the 4th District, Chairman of the Committee on Conservation, submitted the following report:
Mr. President:
Your Committee on Conservation has had under consideration the following bill of the Senate and has instructed me, as chairman, to report the s,ame back to the Senate with the recommendation that the same do pass:
Senate Bill No. 113.
Respectfully submitted,
KNABB, Chairman..

Senator Alexander of the 23th District, Chairma,n 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 not pass:
Senate Bill No. 106.
Respectfully submitted, ALEXANDER, Chairman.

578

JouRNAL oF THE SENATE,

Senator Reagan of the 35th 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 S8me back to the Senate with the recommendation that:
House Bill No. 272 do pass. House Bill No. 319 do pass.
House Bill No. 308 do pass.
House Bill No. 318 do pass. Senate Bill No. 88 do pass. House Bill No. 135 do pass as amended.
Respectfully submitted, REAGAN, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 21, 43, 82, 83, 85, 86, 95, and 29-A.
Respectfully submitted, PuETT, Chairman.

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

FRIDAY, JuLY 24, 1931.

579

Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the Senate and House, to-wit:

By Mr. Hutcheson ofWalker-
House Bill No. 225. A bill to be entitled an Act to abolish the office of Tax Receiver and the office of Tax Collector of Walker County, Georgia and to create in lieu thereof the office of County Tax Commissioner of said County, and for other purposes.

By Mr. Hutcheson of Walker-
House Bill No. 226. A bill to be entitled an Act to abolish the Board of Commissioners of Roads and Revenues in and for the County of Walker, and for other purposes.

By Mr. Hutcheson of Walker-
House Bill No. 227. A bjll to be entitled an Act creating the office of Commissioner of Roads and Revenues in and for the County of \V alker, and for other purposes.

By Mr. Edwards of Gilmer-
House Bill No. 232. A bill to be entitled an Act to change the time of holding the Superior Court of Gilmer County, and for other purposes.

By Mr. Stewart of Coffee-
House Bill No. 260. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Coffee, and for other purposes.

By Mr. Townsend of DadeHouse Bill No. 326. A bill to be entitled an Act to

580

JouRNAL oF THE SENATE,

abolish the office of Treasurer of Dade County, and for other purposes.

By Messrs. Harris of Terrell and Moye of Randolph-
House Bill No. 330. A bill to be entitled an Act to change the County line between Randolph and Terrell Counties, and for other purposes.

By Mr. Dorsett of Carroll-
House Bill No. 336. A bill to be entitled an Act to repeal certain sections of the City Charter of Carrollton, and for other purposes.

By Mr. Barrett of White-
House Bill No. 339. A bill to be entitled an Act to create the office of County Treasurer of White County, and for other purposes.

By Mr. Carlisle of Grady-
House Bill No. 358. A bill to be entitled an Act to change the time of holding the Superior Court of Grady County, and for other purposes.
By Mr. Simmons of DecaturHouse Bill ~o. 382. A bill to be entitled an Act to a-
mend an Act establishing the City Court of Bainbridge, and for other purposes.

By Messrs. Griffin and Simmons of DecaturHouse Bill No. 383. A bill to be entitled an Act to amend
an Act fixing the salary of the Treasurer of Decatur County, and for other purposes.
By Messrs. Griffin and Simmons of DecaturHouse Bill No. 384. A bill to be entitled an Act to

FRIDAY, JuLY 24, 1931.

581

abolish the offices of Tax Receiver and Tax Collector of Decatur County, and for other purposes.

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 386. A bill to be entitled an Act to amend an Act creatinv a Board of Commissioners of Roads and Revenues for the County of Richmond, and for other purposes.

By Senator Beck of the 27th District-
Senate Bill No. 25. A bill to be entitled an Act to consolidate the office of Tax Receiver and Tax Collector in the County of Carroll, and for other purposes.

The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator Ennis of the 20th District-
Senate Bill No. 110. A bill to establish Georgia Training Schools for Colored Girls, and for other purposes.

By Senator Knabb of the 4th District-
Senate Bill No. 113. A bill to repeal Section 1815 of Volume 1 of the Code relating to Inspectors and others of Naval Stores.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Horne of Lee-
House Bill No. 135. A bill to abolish the City Court of Leesburg.

By Mr. Thomas of Wayne-
House Bill No. 272. A bill to amend an Act establishing the City Court of Jesup.

582

JouRNAL OF THE SENATE,

By Mr. Clark of Catoosa-
House Bill No. 308. A bill to increase the number of terms of the Superior Court of Catoosa County.
By Mr. Hubbard of Wilkinson-
House Bill No. 318. A bill to establish the City Court of Irwinton.
By Mr. Hubbard of WilkinsonHouse Bill No. 319. A bill to abolish the County Court
of Wilkinson.
The following bills of the Senate were read the third time and put upon their passage:
By Senator Reagan of the 35th District-
Senate Bill No. 101. A bill to create a Board of Commissioners of Roads and Revenues for 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 26, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following bill of the Senate, favorably reported by the committee, was read the second time:
By Senator Duckworth of the 7th District-
Senate Bill No. 88. A bill to change the time of holding Grady Superior Court.
The following bill of the Senate was read the third time and put upon its passage: By Senator Pruett of the 32nd District-
Senate Bill No. 104. A bill to abolish the office of Tax

FRIDAY, JuLY 24, 1931.

583

Receiver and Tax Collector of Lumpkin County; to create the office of County 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 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Mr. Franklin of Butts-
House Bill No. 240. A bill to amend an Act incorporating the town of Jenkinsburg.
The report of the committee, which W'lS 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.

By Messrs. Davis and Lord of Jackson-
House Bill No. 273. A bill to amend an Act to abolish the office of County Treasurer of Jackson.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Morris of Atkinson-
House Bill No. 296. A bill to amend an Act to charter the City of Pearson.

584

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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Hubbard of WilkinsonHouse Bill No. 320. A bill to amend an Act creating a
charter for the City of Gordon.
The report 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 bills of the House were read the first time and referred to committees:
By Mr. Cartledge of Richmond and othersHouse Bill No. 386. A bill to amend an Act creating a
Board of Commissioners of Roads and Revenues for Richmond County.
Referred to Committee on Counties and County Matters.

By Mr. Griffin of DecaturHouse Bill No. 38,!_ A bill to abolish the office of Tax
Receiver and Tax Collector of Decatur County; to create the office of County Tax Commissioner.
Referred to Committee on Counties and County Matters.

By Mr. Simmons of DecaturHouse Bill No. 383. A bill to amend an Act placing the
Treasurer of Decatur County on a salary basis.
Referred to Committee on Counties and County Matters.

FRIDAY, JuLY 24, 1931.

585

By Mr. Simmons of Decatur-
House Bill No. 382. A bUl to amend an Act establishing the City Court of Bainbridge.
Referred to Committee on Special Judiciary.

By Mr. Barrett of White-
House Bill No. 339. A bill to create the office of Treasurer of White County.
Referred to Committee on Counties and County Matters.

By Mr. Carlisle of GradyHouse Bill N~. 358. A bill to change the time of holding
Superior Court of Grady County.
Referred to Committee on Special Judiciary.

By Mr. Dorsett of Carroll-
House Bill No. 336. A bill to amend an amended Act to the City Charter of Carrollton.
Referred to Committee on Corporations.

By Mr. Harris of Terrell-
House Bill No. 330. A bill to change the County line between Randolph and Terrell Counties.
Referred to Committee on Counties and County Matters.

By Mr. Stewart of Coffee-
House Bill No. 260. A bill to create a Board of Commissioners of Roads and Revenues for Coffee County.
Referred to Committee on Counties and County Matters.

586

JouRNAL oF THE SENATE,

By Mr. Edwards of Gilmer-
House Bill No. 232. A bill to change the time of holding the Superior Court of Gilmer County.
Referred to Committee on Special Judiciary.

By Mr. Hutcheson of Walker-
House Bill No. 227. A bill to create the office of Commissioner of Roads and Revenues of Walker County.
Referred to Committee on Counties and County Matters.

By Mr. Hutcheson of WalkerHouse Bill No. 226. A bill to abolish a Board of Com-
missioner of Roads and Revenues of Walker County.
Referred to Committee on Counties and County Matters.

By Mr. Hutcheson of Walker CountyHouse Bill No. 225. A bill to abolish the offices of Tax
Receiver and Tax Collector of Walker County.
Referred to Committee on Counties and County Matters.

By Mr. Townsend of DadeHouse Bill No. 326. A bill to abolish the office of Trea-
surer of Dade County. Referred to Committee on Counties and County Matters.
Senator Jackson of the 14th District, President Pro Tern., was called to the Chair.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Neill of the 24th DistrictSenate Bill No. 1. A bill to provide for nominations of
candidates for National, State a'nd County offices, and to

FRIDAY, JuLY 24, 1931.

587

define the terms "Presidential Primaries," "County Primaries," and "State Primaries," and for other purposes.
Senator Neill of the 24th District moves to amend Senate Bill No. 1, by striking therefrom Section 1 in its entirety, and inserting in lieu thereof the following section, to be known as Section 1, to-wit:
"Section 1. The words "presidential primary" or "presidential primaries" when used in this Act shall be construed to mean primary elections at which the voters or members of a political party express their choice or preference for a nominee or candidate for President of the United States, or at which delegates from the counties of this State to conventions called by the authorities of any political party for the purpose of choosing or electing delegates from this State to the N ationa 1 Convention of any such party, at which candidates o( such party for President and VicePresident of the United States are to be nominated."
Senator Neill of the 24th District moves to further amend Senate Bill No. 1, by adding after the word "of" and before the word "choosing" in the first sentence of Section 5 of said bill, the following language, to-wit: "permitting a preference for a candidate or nominee for President of the United States or."
Senator Neill of the 24th District moves to amend Senate Bill No. 1 further, by adding at the end of Section 11 of said bill, the following language to-wit:
"Provided, however, in the event that a petition or ce,rtificate of nomination is filed with the Chairman or Secretary of the State Executive Committee of any such party signed by not less than one thousand qualified voters of the State, on or before twelve o'clock noon of the last Wednesday in March preceding the date of such presidential primary, requesting that the name of any certain person be placed on the ballot as a candidate for nomination of such party for the office of President of the United States, it

588

JouRNAL oF THE SENATE,

shall be the duty of such party officials to cause the name or names of such person or persons to be placed on the ballot to be voted in said presidential primary in each county of this State, at the head thereof. Any such nominee receiving the highest num her of votes in any county shall be deemed and held to have carried such county, and the County Executive Committee of each such county shall name the delegates and alternates from such county from among the friends a'hd supporters of the candidate so carrying such county.
In the event of the]filing of a petition or ce,rtificate as above, in behalf of one or more persons as a candidate or candidates for nomination for the office of President of the United States, the local authorities of such party shall not place on said ballot in any county the names of individual persons as candidates for delegate's places as provided in Section 11 hereof."
By unanimous consent, Senate Bill No. 1 was made the continuing order for the session of the Senate Monday, July 27th next, as unfinished business.
Senator Neill of the 24th District moved that the Senate do now adjourn, and the motion prevailed.
Leave of absence for a few days was granted Senator West of the 11th District.
The Chair announced that the Senate stood adjourned until 11:00 o'clock Monday morning.

MoNDAY, JuLY 27, 1931.

589

SENATE CHAMBER, ATLANTA, GA.,

MoNDAY, JuLY 27, 1931.

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.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes Williams Mr. President

The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of last Friday's Session had been examined and found correct.
By unanimous consent, the reading of the Journal was
dispensed with, and the Journal was confirmed.

The following privileged resolution was read and adopted:

590

JouRNAL OF THE SENATE,

By Senators Peterson of the 15th District and Neill of the 24th District-
A resolution extending the sympathy of the Senate to Senator Whitehurst of the 21st District, who is confined to his home by illness, and instructing the Secretary to transmit to the Senator a copy of this resolution.
Senator Evans of the 19th District asked unanimous consent that Senate Bill No. 90 be withdrawn from the Committee on General Judiciary No. 2, and recommitted to the Committee on Insurance.
There was objection.
Senator Evans of the 19th Distr~ct asked unanimou~ consent that Senate Bill No. 91 be withdrawn from the Committee on General Judiciary No. 2, and recommitted to the Committee on Insurance.
There was objection.
Senator Reagan of the 35th District asked unanimous consent that Senate Bill No. 100 be withdrawn from the Committee on the State of the Republic, and recommitted to the Committee on Hygiene and Sanitation.
There was objection.

By unanimous consent, the following was adopted a..s the order of busineSIS for this session during the first part of the period of Unanimous Consents:
1. Introduction of new matter.
2. Reports of Standing Committees.
3. Second reading of Senate and House bills favorably reported.
4. Third reading and passage of local and uncontested Senate and House bills.
5. First reading of House bills.

MoNDAY, JuLY 27, 1931.

591

The following bills of the Senate were read the first time and referred to committees:

By Senators McWhorter of the 50th District and Jones of the 51st District-
Senate Bill No. 118. A bill to enforce parental support of children, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Weekes of the 34th District-
Senate Bill No. 119. A bill to prescribe the period of limitation for instituting actions for recovery of charges on intrastate shipments.
Referred to Committee on Public Utilities.

By Senator Brock of the 44th District-
Senate Bill No. 120. A bill to amend an Act to abolish the office of County Treasurer of Dade County.
Referred to Committee on Counties and County Matters.

By Senator Jones of the 51st District-
Senate Bill No. 121. A bill to amend the charter of the City of Mountain Park.
Referred to the Committee on Municipal Government.

By Senator Beck of the 37th District-
Senate Bill No. 122. A bill to amend Section 116 of the Penal Code of 1910 relative to the abandonment of children, and for other purposes.
Referred to Committee on General Judiciary No. 2.
Senator Cheatham of the 26th District, Chairman of the Committee on Manufactures, submitted the following report:

592

JouRNAL oF THE SENATE,

Mr. President:
Your Committee on Manufactures 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:

By Mr. Andrews of Crawford and othersHouse Resolution No. 44. A resolution to encourage the
use of paper and other articles made of cotton. Respectfully submitted, CHEATHAM, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has adopted the following resolution of the Senate, to-wit:
By Senator Harris of the 18th District-
Senate Resolution No. 44. A resolution providing for a joint session of the General Assembly on Tuesd1.y, July 28, 1931, for the purpose of hearing an address of Hon. Walter F. George, United States Senator from Georgia, providing for a committee of escort, and for other purposes.
The Speaker has appointed as a committee on the part of the House, the following members, to-wit:
Messrs. Nelson of Cook, Tate of Pickens, Trotter of Taliaferro, Gary ofQuitman, Cozart ofWilkes.

MoNDAY, JuLY 27, 1931.

593

The following resolution of the House, favorably reported by the committee, was read the second time:

By Mr. Andrews of Crawford and others-
House Resolution No. 44. A resolution to encourage the use of paper and other articles made of cotton.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Duckworth of the 7th District-
Senate Bill No. 88. A bill to change the time of holding Superior Court in Grady 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, the nays 0.
The bill havinp- received the requisite constitutional majority was passed.

The following bills of the House were read the third time and put upon their passage:
By Mr. Horne of Lee-
House Bill No. 135. A bill to abolish the City Court of Leesburg, and for other purposes.
Senator Richardson of the lOth District offered the following amendment:
By striking the Proviso beginning with the words "Provided" and ending with the words "January 1, 1932" in the last portion of Section 7 on page 2 of said bill and by adding in lieu thereof the following language, to-wit:
In the event a majority of all the qualified voters of said county vote "Against City Court" then in that event

594

JouRNAL oF THE SENATE,

the City Court of Leesburg will be abolished and the Act creating the same and all amendments thereto be repealed, the abolition of said court and the repeal of the Acts creating same and all amendments thereto taking effect January 1,1932.
In the event a majority of all the qualified voters of said county do not vote "Against City Court" then said. City Court of Leesburg will not be abolished and all Acts relating thereto will have full force and effect.
The amendment was adopted.
The report of the committe,e, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 39, the nays 0.
The bill as amended, having received the requisite constitutional majority, was passed.
By Mr. Thomas of Wayne-
House Bill No. 272. A bill to amend an Act establishing the 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 a yes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Clark of Catoosa-
House Bill No. 308. A bill to increase the number of terms of the Superior Court of Catoosa 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

MoNDAY, JuLY 27, 1931.

595

By Mr. Shirley of Milton-
House Bill No. 187. A bill to merge Milton County with Fulton County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Gullatt of Campbell-
House Bill No. 167. A bill to provide that all properties of Campbell County shall become the property of Fulton County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Ennis of the 20th District was called to the Chair.

The following bill of the Senate, continued from the session of last Friday as unfinished business, was taken up for passage:

By Senator Neill of the 24th District-
Senate Bill No. 1. A bill to provide for nominations of candidates for National, State and County offices, and to define the terms "Presidential Primaries," "County Primaries" and "State Primaries," and for other purposes.
Senator Neill of the 24th District offered the following amendment:

596

JouRNAL OF THE SENATE,

By adding in line 5 of section seven of the bill, after the word "Officials" following words, to-wit:
"with the same tickets or ballots."
The amendment was adopted.
Senator Neill of the 24th District offered the following amendment:
By striking from the 17th and 18th lines of Section 17, the following sentence, to-wit:
"Second prim1.ry, if necessary, to be two weeks after first" and by adding in lieu thereof the following language, to-wit:
"In the event that pursuant to the provisions of existing laws, a second primary for the nomination of a Governor or United States Senator is necessary, the same sh:1ll be held on the Fourth Wednesday in August, instead of on the First Wednesday in October, as provided by existing law."
The amendment was adopted.
Senator Neill of the 24th District offered the following amendment:
By striking from line 8 of Section 8 of the bill the words "ten days" and inserting in lieu thereof the words "twenty days."
The amendment was adopted.
Senator Neill of the 24th District offered the following amendment:
By adding the following language after the word "aggrieved" in line 5 of Section 23, to-wit:
"and likewise to enjoin the doing of any unlawful Act, with reference to any such election."
The amendment wa.s adopted.

MoNDAY, JuLY 27, 1931.

597

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 39, the naysO.
The bill having received the requisite constitutional majority was passed.
By unanimous consent, it was agreed that the bill as amended be immediately transmitted to the House.

The following resolution of the Senate was read the third time and put upon its passage:
By Senator Richardson of the lOth :Oistrict-
Senate Resolution No. 34. A resolution to pave the Old Blue Springs Road, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, the nays 2.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Martin of the 2nd District-
Senate Bill No. 51. A bill to protect the natural oyster beds of the State.
By unanimous consent, consideration of the bill was deferred in the absence of the author.

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

598

JouRNAL oF THE SENATE,

By Senator Beck of the 37th District-
Senate Bill No. 52. A bill to provide for assumption by the State of indebtedness incurred by certain counties and Highway Coastal Districts for construction of roads, and for other purposes.
Senator Watson of the 3rd District asked unanimous consent that further consideration of the bill be postponed until Thursday, July 30th next, as unfinished business, and that 300 copies of the bill with substitute and amendments be printed.
The consent was granted.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Strickland of the 1st District-
Senate Bill No. 66. A bill to amend the Georgia Motor Vehicle Law, 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 37, the nays 0. The bill having received the requisite constitutional majority was passed.

By Senators Duckworth of the 7th District and Perkins of the 17th District-
Senate Bill No. 98. A bill to regulate the expenses of State employees, and for other purposes.
The committee offered the following amendment:
By adding at the end of section one the following: Provided that nothing herein shall apply to price to be paid by the Governor for an automobile for his own use.
The amendment was adopted.

MoNDAY, JuLY 27, 1931.

599

Senator Pratt of the 41st District offered the following amendment:
By adding another section to said bill to be numbered 7, the remaining sections to be numbered appropriately, as follows:
Section 7. Be it further enacted by the authority aforesaid that no employee or officer of said State shall employ a chauffeur or driver of his automobile or other automobiles of the State, at the expense of the State, except that the provisions of this section do not apply to the office of Governor.
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 42, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.
Senator Duckworth of the 7th District asked unanimous consent that Senate Bill No. 98 be immediately transmitted to the House, and the consent was granted.

The following privileged resolutions were read and adopted:

By Senator Puett of the 40th District-
A resolution extending the privileges of the floor to the Hon. H. Abit Nix of Athens, Ga.

By Senator Smith of the 30th District-
A resolution extending the privileges of the floor to the
Hon. A. S. J. Stovall.
Leave of absence was granted Senator Martin of the 2nd District for a few days to attend to urgent business.

600

JouRNAL oF THE SENATE,

Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion prevailed.

The Chair announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

TuESDAY, JuLY 28, 1931.

601

SENATE CHAMBER, ATLANTA, GA.,
TuESDAY, JuLY 28, 1931.
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 Ch<Jplain. By unanimous consent, the roll call was dispensed with. The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Harris of the 18th District asked unanimous consent that the following be adopted as the order of business for this session during the first part of the period of Unanimous Consents:
1. Introduction of new matter. 2. Reports of Standing Committees. 3. Second reading of Senate and House bills favorably reported. 4. Third reading and passage of local and uncontested Senate and House bills. 5. First reading of House bills. The consent was granted.
The following bills of the Senate were read the first time and referred to committees:

602

JouRNAL OF THE SENATE,

By Senator Weekes of the 34th District-
Senate Bill No. 123. A bill to provide a new charter for the City of Decatur.
Referred to Committee on Counties and County Matters.

By Senator Weekes of the 34th District-
Senate Bill No. 124. A bill to amend an Act approved August 7, 1920, to permit Tax Assessors in certain counties to meet from April 1st to August 1st in each year.
Referred to Committee on Counties and County Matters.

By Senawr Dekle of the 6th District-
Senate Bill No. 125. A bill to amend an Act to amend the Act creating the City Court of Valdosta.
Referred to Committee on Special Judiciary.

By Senators Duckworth of the 7th District, Harris of the 18th District, and Hand of the 8th District-
Senate Bill No. 126. A bill to provide for monthly budgets by heads of Departments, Bureaus, Boards, Institutions; and for other purposes.
Referred to Committee on State of the Republic.

By Senator Davis of the 31st District-
Senate Bill No. 127. A bill to amend the charter of the City of Toccoa.
Referred to Committee on Municipal Government.

Senator Duckworth of the 7th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

TuESDAY, JuLY 28, 1931.

603

Mr. President:
Ybur 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 b<ck to the Senate with the recommendation that the s'lme do pass:
By Senator Weekes of the 34th District-
Senate Bill No. 116. "Mechanics Lien Law of Georgia."
Respectfully submitted,
DucKWORTH, Chairman.

Senator Strickland of the 1st 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:
Senate Bill No. 51. A bill to protect the Natural Oyster Beds of the State.
Respectfully submitted,
STRICKLAND, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills No. 101 and No. 104 and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

604

JouRNAL OF THE SENATE,

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 1, 34, 66, 88, 98 and reports the same back as being ready for transmission to the House
Respectfully submitted,
PuETT, Chairman.

Senator Weekes of the 34th District, Chairman of the Committee on Enrollment, submitted the following report:
Mr. President:
Your Committee on Enrollment has read the following bill of the Senate and has instructed me, as chairman, to report the same back to the Senate as being duly enrolled and ready for transmission to the Governor's office for the signature of the Governor:
Senate Act No. 25.
Respectfully submitted,
WEEKES, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:

By Messrs. Bunn and Stanton of Ware-
House Bill No. 288. A bill to be entitled an Act to provide a new charter for the City of Waycross, and for other purposes.

TuESDAY, JuLY 28, 1931.

605

By Messrs. Preston and Almand of Walton-
House Bill No. 327. A bill to be entitled an Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Walton, State of Georgia, and for other purposes.

By Mr. Johnson of Pike-
House Bill No. 346. A bill to be entitled an Act to amend an Act, approved August 11, 1909, entitled an Act to create a charter for the City of Zebulon, in the County of Pike, and for other purposes.

By Mr. Thompson of Barrow-
House Bill No. 351. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Winder in the County of Barrow, and for other purposes.
By Messrs. Almand and Preston of Walton-
House Bill No. 362. A bill to be entitled an Act to amend an Act approved December 3, 1896, providing a new charter for the City of Monroe, Georgia, and for other purposes.

By Mr. Moye of Randolph-
House Bill No. 375. A bill to be entitled an Act to amend an Act incorporating the Town of Carnegie, in Randolph County, approved August 13, 1910, vesting authority in Mayor and Council of said Town to grant franchises, easements, and rights of way, etc., and for other purposes.

By Mr. Osteen of Bryan-
House Bill No. 380. A bill to be entitled an Act to amend an Act incorporating the City of Pembroke, in the County of Bryan, and for other purposes.

606

JouRNAL OF THE SENATE,

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 390. A bill to be entitled an Act to amend an Act approved September 13, 1883, entitled "An Act to authorize the City Council of Augusta to fix and regulate the salary of the mayor of said city, and for other purposes.

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 392. A bill to be entitled an Act to repeal an Act entitled "An Act to amend the charter of the City of Augusta," and for other purposes.

By Messrs. Davis and Mooty of Troup-
House Bill No. 394. A bill to be entitled an Act to enable the City of LaGrange to issue bonds as provided by the Constitution to enable said city to provide waterworks, etc., and for other purposes.

By Mr. Gullatt of Campbell-
House Bill No. 396. A bill to be entitled :111 Act to amend an Act approved August 7, 1920, to create a new charter for the Town of Palmetto, so as to repeal the charter of the Palmetto Board of Education, and for other purposes.

By Mr. Kimsey of Rabun-
House Bill No. 401. A bill to be entitled an Act to amend the. charter of the Town of Dillard in Rabun County, Georgia, and for other purposes.

By Mr. Bush of Miller-
House Bill No. 403. A bill to be entitled an Act to amend the Act incorporating the City of Colquitt, in Miller County, and for other purposes.

TuESDAY, JuLY 28, 1931.

607

By Mr. Stewart of Coffee-
House Bill No. 323. A bill to be entitled an Act establishing a Board of Commissioners of Roads and Revenues in and for the County of Coffee, and for other purposes.
The following bill of the Senate, favorably reported by the committee, was read the second time:

By Senator Weekes of the 34th District-
Senate Bill No. 116. A bill to protect owners, contractors, subcontractors, laborers, materialmen, and others.

The following bills of the House were read the first time and referred to committees:

By Messrs. Preston and Almand of WaltonHouse Bill No. 327. A bill to amend an Act to create a
Board of Commissioners of Roads and Revenues for Walton County.
Referred to Committee on Counties and County Matters.
By Messrs. Bunn and Stanton of WareHouse Bill No. 288. A bill to provide a new charter
for the City of Waycross. Referred to Committee on Corporations.
By Mr. Johnson of PikeHouse Bill No. 346. A bill to amend an Act to create a
charter for the City of Zebulon. Referred to the Committee on Municipal Government.

By Mr. Thompson of BarrowHouse Bill No. 351. A bill to amend an Act creating a
new charter for the City of Winder. Referred to Committee on Municipal Government.

608

JouRNAL oF THE SENATE,

By Messrs. Almand and Preston of WaltonHouse Bill No. 362. A bill to amend an Act providing
a new charter for the City of Monroe. Referred to Committee on Corporations.
By Mr. Moye of RandolphHouse Bill No. 375. A bill to amend an Act incorporat-
ing the Town of Carnegie. Referred to Committee on Municipal Government.
By Mr. Osteen of BryanHouse Bill No. 380. A bill to amend sn Act incorporat-
ing the City of Pembroke. Referred to Committee on Corporations.
By Messrs. Cartledge, Lanier, and Lester of RichmondHouse Bill No. 390. A bill to amend an Act to authorize
the City of Augusta to regulate the salary of Mayor. Referred to Committee on Municipal Gcwernment.
By Messrs. Cartledge, Lanier, and Lester of RichmondHouse Bill No. 392. A bill to repeal an Act to amend
the charter of the City of Augusta. Referred to Committee on Municipal Government.
By Messrs. Davis and Mooty of TroupHouse Bill No. 394. A bill to enable the City of La-
Grange to issue bonds. Referred to Committee on Municipal Government.
By Mr. Gullatt of CampbellHouse Bill No. 396. A bill to amend an Act to create
a new charter for the Town of Palmetto. Referred to Committee on Corporations.
By Mr. Kimsey of RabunHouse Bill No. 401. A bill to amend the charter of the
Town of Dillard. Referred to Committee on Municipal Government.

TuESDAY, JuLY 28, 1931.

609

By Mr. Bush of MillerHouse Bill No. 403. A bill to amend the Act incorporat-
ing the City of Colquitt. Referred to Committee on Corporations.
By Mr. Stewart of CoffeeHouse Bill No. 323. A bill to create a Board of Com-
missioners of Roads and Revenues for Coffee County. Referred to Committee on Counties and County Matters.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Martin of the 2nd DistrictSenate Bill No. 51. A bill to protect the natural oyster
beds of the State, and for other purposes. Senator Davis of the 31st District, in the absence of
the author of the bill, asked unanimous consent that the bill be tabled, and the consent was granted.
The following bill of the Senate, proposing an amendment to the Constitution, restored to the calendar at the session of July 15, was taken up for passage:
By Senator Dekle of the 6th DistrictSenate Bill No. 8. A bill to amend the Constitution
relative to the number of Senators, the composition of the Senatorial Districts, creating a new district, and for other purposes.
A BILL
An Act to amend Article 3, Section 2, Paragraph 1, of the Constitution of the State of Georgia, which relates to the number of Senators, the number of Senatorial Districts, and the composition of such Districts, so as to increase the number of Senators and Senatorial Districts from fifty-one to fifty-two, and to create one new Senatorial District to be known as Senatorial District ::\fumber fifty-two, to provide for reapportionment of

610

JOURNAL OF THE SENATE,

counties to certain Senatorial Districts, and for other purposes.
Section 1. Be it enacted by the General Assemblv of the State of Georgia, and it is hereby enacted by the authority of the same, that Article 3, Section 2, Paragraph 1, of the Constitution of the State of Georgia, be and the same is hereby amended as follows:
(a) By striking out the words "fifty-one" wherever said words occur in said section as amended, and inserting in lieu thereof the words "fifty-two."
(b) So that when so amended that part of said Article contained in Paragraph 1 so amended shall read as follows:
"Paragraph 1. The Senate shall consist of fifty-two members. There shall be fifty-two Senatorial Districts as now arranged by counties. Each District shall have one Senator."
Sec. 2. Be it further enacted by authority aforesaid, that Article 3, Section 2, Paragraph 1, of the Constitution of the State of Georgia, be and the same is hereby further amended as follows:
That until changed in the manner provided by law, the Sixth Senatorial District shall be composed of the counties of Echols and Lowndes; and the Fifty-second Senatorial District shall be composed of the Counties of Cook, Berrien, and Lanier.
Sec. 3. Be it further cnac~eJ by the au~hority aforesaid, that fo1 the purpose of creating and arranging the Senatorial District hereinbefore named and set out in Section 2 of this Act, the counties comp:::>sing the same are hereby transferred from the District to which they have been heretofore attached to the new Districts hereby cr,=ated.
Sec. 4. Be it further enacted by the authority aforesaid, that if this Constitutional Amendment shall be agreed to by two-thirds of the members of each House of the General Assembly, the same shall be entered on their

TuEsDAY, JuLY 28, 1931.

611

Journals with the ayes and nays taken thereon, and the Governor shall cause the amendment to be published in one or more newspapers in each Congressional District for thirty days immediately preceding the next general election, and the same shall be stibmitted to the people at the next general election. All persons voting at said election in favor of the ratification of the proposed amendment to the Constitution of this State shall have written or printed on their ballots the words: "For ratification of Amendment of Article 3, Section 2, Paragraph 1, of the Constitution of this State providing for and creating one new Senatorial District;" and all persons voting against the ratification of the proposed amendment shall have written or printed on their ballots the words "Against ratification of Amendment of Article :), Section 2, Paragraph 1, of the Constitution of this State providing for and creating one new Senatorial District." If a majority of the electors qualified tJ vote for members of the General Assembly, and voting in said gen~ral ele::tirm, shall vote in favor of the ratification of said proposed amendnwnt, then said amendment shall be::ome a part of Article 3, Section 2, Paragraph 1, of the Constitution of this State and the Governor shall make proclamation thereof and shall call a special election in the new Fifty-sec:md Senatorial District so created for the electi:m of a Senator for said new district in the next General Assembly as is provided by law for the filling of vacancies caused by death or resignation.
Senator Watson of the 3rd District offered the following amendment, which was adopted:
To amend Senate Bill Xo. 8 by striking all of Section 2 of said bill in its entirety and substituting in lieu thereof the following:
Section 2. Be it further enacted by authority aforesaid that Article 3, Section 2, Paragraph 1, of the Constitution of the State of Georgia, be and the same is hereby further amended as follows:

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JouRNAL oF THE SENATE,

That until changed in the manner provided by law, the Sixth Senatorial District shall be composed of the Counties of Echols, Lowndes and Clinch; the Fifth Sena-

torial District shall be composed of the Counties of Atkinson, Brantley and Ware; the Third Senatorial District

shall be composed of the Counties of Appling, Jeff Davis and Wayne; and the Fifty-second Senatorial District

shall be composed of the Counties of Berrien, Cook and Lanier.

By striking Section 3 of said bill in its entirety and substituting in lieu thereof the following:

Section 3. Be it further enacted by the authority afore-

said that for the purpose of creating the new Senatorial District aforesaid and arranging and reapportioning the other Senatorial Districts hereinbefore named and set

out in Section 2 of this Act, the counties therein named now located in Senatorial Districts other than as herein

provided shall be and the same are hereby transferred

from the districts to which attached to the districts as

specified in Section 2 of this Act.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

The question was on the passage of the bill.

The bill proposing an amendment to the Constitution,

the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adkins Alexander Beck Bennett Brock Cheatham Clements
Courson Davis Dekle Ennis Hand
Harris

Jackson Johnson Knabb Langford Lazenby McKenzie McWhorter
Nelson Nix Perkins Peterson Pratt
Pruett

Puett Reagan Richardson Smith Stark Strickland Tippins
Wallace Waters Watson Williams

TuESDAY, JuLY 28, 1931.

613

Those voting in the negative were Senators:

Horn

Weekes

On the passage of the bill as amended, the ayes were 37, the nays 2.

The bill as amended having received the requisite con-

stitutional two-thirds majority was passed.

The following bill of the Senate was read the third time, and put upon its passage:

By Senator Ennis of the 20th District-
Senate Bill No. 110. A bill to establish a training school for girls.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The previous question was called, and the call was sustained.
The President put the main question and it was decided affirmatively.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The question was upon the passage of the bill. Senator Duckworth of the 7th District called for the ayes and nays, and the call was sustained.

The roll was called and the vote was as follows:

Those voting m the affirmative were Senators:

Alexander Beck Bennett Brock Cheatham Clements Davis Dekle Ennis

Horn Jones Knabb Langford Lazenby McWhorter Moore Nix North

Pratt Pruett Smith Stark Strickland Wallace Waters Watson

Those voting m the negative were Senators:

Adkins Denton

Duckworth Evans

Hand Johnson

614

JouRNAL oF THE SENATE,

McKenzie Nelson Perkins

Peterson Puett Reagan

Richardson Tippins Weekes

On the passage of the bill, the ayes were 26, the nays 15.

The bill having received the requisite constitutional

majority was passed.

Senator Ennis of the 20th District asked unanimous

consent that the bill be immediately transmitted to the

House, and the consent was granted.

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

By Senator Knabb of the 4th DistrictSenate Bill No. 113. A bill to provide for inspectors of
naval stores, and for other purposes.
Senator Knabb of the 4th District asked unanimous consent that the bill be tabled, and the consent was granted.

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

By Messrs. Hutcheson and Rosser of WalkerHouse Bill No. 10. A bill to amend the Code relative
to taxes for county purposes in certain counties. Senator Johnson of the 42nd District asked unanimous
consent that the bill be tabled, and the consent was granted.
By Mr. Carlisle of BibbHouse Bill No. 11. A bill to eliminate certain inequali-
ties in the inheritance laws, 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 2G, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Messrs. Pope of Toombs, Fagan of Peach, and othersHouse Bill No. 13. A bill to amend the Constitution
relative to poll tax.

TuEsDAY, JuLY 28, 1931.

615

The hour having arrived to repair to the Hall of the House of Representatives to hear the address of United States Senator Walter F. George, the President announced that House Bill No. 13 would be continued to the following day's session as unfinished business.
The Senate proceeded to the Hall of the Ho!lse, and the joint session was called to order at 12:00 o'clock, noon, by the President of the Senate, in pursuance of Senate Joint Resolution No. 44.
The Secretary of the Senate read the joint resolution under which the General Assembly convened.
The Doorkeeper announced the arrival of United States Senator Walter F. George accompanied by His Excellency Governor Rich'lrd B. Russell Jr. and the committee of escort on the part of the Senate and House. The distinguished visitor was escorted to the Speaker's stand and the President of the Senate presented Senator George to the members of the General Assembly and the Senator proceeded to address them.
Upon conclusion of the address, on motion of Representative Thomas of Wayne, the joint session was dissolved.
The Senate returned to its chamber, and was called to order by the President.

The following privileged resolution was read and adopted:
By Senator Strickland of the 1st District-
A resolution extending the privileges of the floor to Dr. W. K. Smith of Bryan County.
Leave of absence was granted Senator Tippins of the 49th District.
Upon motion, the Senate now adjourned, and the President announced that the body stood adjourned until 10:00 o'clock tomorrow morning.

616

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, JuLY 29, 1931.
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. The reading of the Journal of yesterday's proceedings was dispensed with by unanimous consent, and the Journal was confirmed.
By unanimous consent, the following was adopted as the order of business for this session during the first part of the period of Unanimous Consents:
1. Introduction of new matter. 2. Reports of Standing Committees. 3. Second reading of Senate and House bills favorably reported. 4. Third reading and passage of local and uncontested Senate and House bills. 5. First reading of House bills.
The following privileged resolution was read and adopted:
By Senator West of the 11th DistrictA resolution extending the privileges of the floor to Mrs.
W. Cecil Neill, wife of the President of the Senate.
The following privileged resolution was read and adopted:

WEDNESDAY, JuLY 29, 1931.

617

By Senator Denton of the 38th District-
A resolution extending the privileges of the floor to Mr. and Mrs. W. A. Abercrombie of Athens, Ga.

The following privileged resolution was read and adopted:

By Senator Weekes of the 34th DistrictA resolution extending the privileges of the floor to Mrs.
J. 0. Strickland, wife of the Senator from the 1st District.

The following bills of the Senate were read the first time and referred to committees:

By Senator Reagan of the 35th District-
Senate Bill No. 128. A bill to amend an Act to amend an Act relating to marriage licenses.
Referred to Committee on General Judiciary No. 1.

By Senator Reagan of the 35th District-
Senate Bill No. 129. A bill to amend the Constitution relating to the number of Senators, number of Senatorial Districts, the composition of such Districts, and for other purposes.
Referred to Committee on Amendments to Constitution.

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

Mr. President:
The House has passed by the requlSlte constitutional majority the following bills of the House, to-wit:

By Messrs. Irvin and Huddleston of MeriwetherHause Bill No. 130. A bill to be entitled an Act to pro-

618

JouRNAL oF THE SENATE,

vide for the compensation to be paid registrars in certain counties of the State of Georgia, and for other purposes.

By Mr. Childs of Taylor-
House Bill No. 408. A bill to be entitled an Act to amend an Act providing and establishing a new charter for the Town of Reynolds in the County of Taylor, and for other purposes.

By Messrs. Mardre and Cochran of Thomas-
House Bill No. 427. A bill to be entitled an Act to amend the Act approved October 3, 1889, ent.itled an Act to incorporate the Town of Thomasville as the City of Thomasville, and for other purposes.

By Mr. Dorsett of Carroll-
House Bill No. 443. A bill to be entitled an Act providing that the Mayor and Councilmen of the City of Carrollton, Georgia, shall all be elected at one and the same time, from the city at large, by the qualified voters thereof, and for other purposes.

By Mr. Dorsett of Carroll-
House Bill No. 444. A bill to be entitled an Act to amend an Act approved August 1, 1929, so as to repeal division or paragraph (2) of section 1, and for other purposes.

By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to be entitled an Act to make for the last half of the fiscal year 1931 and for the fisc a 1 years 1932 and 1933, appropriations for the maintenance and outlay of the State Departments, Boards, Commis-
sions, Bureaus, Public Institutions and educational interest of the State and for the payment of the public debt and
interest thereon, and for other purposes.

WEDNESDAY, JuLY 29, 1931.

. 619

The following bills of the Senate were read the first time and referred to committees:

By Senator Dekle of the 6th District-
Senate Bill No. 130. A bill to further amend the charter of the City of Valdosta.
Referred to Committee on Municipal Government.

By Senators Neisler of the 23rd District and Langford of the 22nd District-
Senate Bill No. 131. A bill to amend an Act to regulate Banking.
Referred to Committee on Banks and Banking.

By Senator Duckworth of the 7th District-
Senate Bill No. 132. A bill to amend the Constitution as to what shall constitute the first term in the Supreme Court or in the Court of Appeals, and for other purposes.
Referred to Committee on Amendments to Constitution.

By Senators Pruett of the 32nd District, McWhorter of the 50th District, Evans of the 19th District, and Duckworth of the 7th District-
Senate Bill No. 134. A bill to regulate the party organization of certain political parties whose electors receive less than 100,000 votes, and for other purposes.
Referred to Committee on Privileges and Elections.

By Senators Neill of the 24th District, Harris of the 18th District, Duckworth of the 7th District, and Hand of the 8th District--
Senate Bill No. 133. A bill to reduce the salaries of

620.

JouRNAL oF THE SENATE,

State employees fifteen per cent. where salary exceeds $100 per month, and for other purposes.
Referred to Committee on State of the Republic.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read the following Senate bills and approved the same, Senate Bills Nos. 110 and 8, and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

Senator Johnson of the 42nd District, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. President:
Your Committee on Municipal Government has had upder consideration the following bill of the Senate and h.as instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 65.
Respectfully submitted,
JoHNSoN, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

WEDNESDAY, JuLY 29, 1931.

621

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. 115. To repeal an Act to incorporate the municipality of Adan ta.
Senate Bill No. 117. An Act to establish a Board of Commissioners of Roads and Revenues for the Counties of Habersham (and Lowndes), to define their duties, and for other purposes.
Senate Bill No. 123. To amend an Act approved August 17,1909, providing a new charter for the Town of Decatur.
Senate Bill No. 124. To amend an Act to allow counties having a City, or part of a city of 80,000 population, to permit their tax assessors to meet from April 1 to August 1 of each year.
House Bill No. 32. To be entitled an Act to provide for the manner in which tax fi. fas. shall be issued by the collectors of ad valorem taxes in those counties in the Sta.te of Georgia, in which are located a city or part of a city having a population of more than 200,000, and for other purposes.
Respectfully submitted,
jACKSON, Chairman.

The following bills of the House were read the first time and referred to committees:
By Mr. Culpepper of FayetteHouse Bill No. 147. A bill to make appropriations for
expenses of State Departments, Boards, Commissions,

622

JouRNAL oF THE SENATE,

and Bureaus for the last half of 1931, and for the fiscal years 1932 and 1933.
Referred to Committee on Appropriations.

By Messrs. Mardre and Cochran of Thomas-
House Bill No. 427. A bill to amend the Act to incorporate the Town of Thomasville as the City of Thomasville.
Referred to Committee on Municipal Government.

By Mr. Childs of Taylor-
House Bill No. 408. A bill to amend an Act establishing a new charter for the Town of Reynolds.
Referred to Committee on Corporations.

By Mr. Dorsett of Carroll-
House Bill No. 444. A bill to amend an Act approved August 1, 1929, relating to the election of a clerk of the Mayor and Council of Carrollton.
Referred to Committee on Corporations.

By Messrs. Irvin and Huddleston of Meriwether-
Hause Bill No. 130. A bill to pr.ovide for compensation of registrars in certain counties.
Referred to Committee on General Judiciary No. 2.

By Mr. Dorsett of Carroll-
House Bill No. 443. A bill to provide for the election of Mayor and Councilmen of the City of Carrollton.
Referred to Committee on Corporations.

The following bills of the Senate, favorably reported by committees, were read the second time:

WEDNESDAY, JuLY 29, 1931.

623

By Senator Dekle of the 6th District-
Senate Bill No. 117. A bill to repeal an Act to amend an Act establishing a Board of Commissioners of Roads and Revenues for the County of Habersham.

By Senator Weekes of the 34th District-
Senate Bill No. 123. A bill to amend an Act approved August 17, 1909 providing a new charter for the Town of Decatur, and for other purposes.

By Senator Weekes of the 34th District-
Senate Bill No. 124. A bill to amend an Act approved August 7, 1920 to permit taiX assessors in certain counties to meet from April 1st to August 1st in each year.

By Senators Weekes of the 34th District and Reagan of the 35th District-
Senate Bill No. 115. A bill to repeal an Act incorporating the City of Atlanta.

By Senators Weekes of the 34th District and Reagan of the 35th District-
Senate Bill No. 65. A bill to create the Atlanta Sanitary District.

The following bill of the House, favorably reported by the committee, was read the second time:

By Messrs. Beaman, Leathers, Lindsay of DeKalb, and Eckford and McRae of Fulton-
House Bill No. 32. A bill to provide for the manner in which tax fi. fas. shall be issued in certain counties.

Senator Johnson of the 42nd District asked unanimous consent that the following bill be taken from the table

624

JouRNAL or THE SENATE,

and restored to its appropriate place on the calendar, and the consent was granted:

By Messr:s. Hutcheson and Rosser of Walker-
House Bill No. 10. A bill to amend the Code relative to taxes for county purposes in certain counties.

The following bill, continued from yesterday's session, was taken up for passage:
By Messrs. Pope of Toombs and Fagan of Peach-
House Bill No. 13. A bill to amend Article 2, Section 1, Paragraph 3, of the Constitution, relating to poll tax, and for other purposes as follows:
A BILL
A bill to be entitled an Act to amend Paragraph 3, Section 1, Article 2, of the Constitution of the State of Georgia so as to permit a person to register and vote upon the payment of poll tax, and for other 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 Paragraph 3, Section 1, Article 2 of the Constitution be amended by striking therefrom the words "all taxes which may have been required of him since the adoption of the Constitution of Georgia of 1877 that he may have had an opportunity of paying agreeably to law," and substituting in lieu thereof the words "all poll taxes that he may have had an opportunity of paying agreeably to law" so that said paragraph when amended shall read as follows:
Paragnph 3. To entitle a person to register and vote at any election by the people he shall have resided in the State one year next preceding the election, and in the

WEDNESDAY, JuLY 29, 1931.

625

county in which he offers to vote six months next preceding the election, and shall have paid all poll taxes that he may have had an opportunity of paying agreeably to law. Such payment must have been made at least six months prior to the election at which he offers to vote except when such elections are held within six months from the expiration of the time fixed by law for the payment of such taxes.
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 such amendment shall have written or printed on their ballots the words, "For ratification of amendment to Paragraph 3, Section 1, Article 2, of the Constitution so as to permit a person to register and vote upon the payment of poll tax," and the persons opposing such amendment shall have written or printed on their ballots, "Against ratification of amendment to Paragraph 3, Section 1, Article 2, of the Constitution so as to permit a person to register and vote upon payment of poll tax."

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 report of the committee, which was favorable to the passage of the bill, was agreed to.

Senator Peterson of the 15th District submitted the following:

I hereby dissent from the favorable report of the com-
mittee on House Bill No. 13, and submit this as a minority
report on said measure.

The bill proposing an amendment to the Constitution, the roll was called and the vote was as follows:

626

JouRNAL OF THE SENATE,

Those voting m the affirmative were Senators:

Adkins Alexander Bennett Brock Clements Davis Dekle Duckworth Ennis Evans Fowler Harris Horn Jackson

Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nix North Perkins Pratt

Pruett Puett Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Williams

Those voting m the negative were Senators:

Beck Denton

Peterson

Reagan

On the passage of the bill, the ayes were 41, the nays 4.

The bill having received the requisite constitutional majority of two-thirds was passe~i.

The following bill of the Senate, having been set as a special order for this session, was taken up for passage:

By Senators Bennett of the 5th District and Davis of the 31st District-
Senate Bill No. 92. A bill to reapportion the several Congressional Districts of the State.
The committee offered the following amendment:
By striking from the 9th Congressional District as specified in Section 2, of said bill, the Counties of Hart, Franklin, Elbert and Madison, and placing and adding same in the Tenth Congressional District.
Senator Ennis of the 20th District offered the following substitute:

WEDNESDAY, JuLY 29, 1931.

627

A BILL
To be entitled an Act te> reapportion the several Congressional Districts of this State, by abolishing the twelve (12) Districts created by the Reapportionment Act of 1911, and creating in lieu thereof ten (10) Congressional Districts in this State, in accordance with the Act of Congress decreasing the number of congressmen from Georgia to ten (10) and for other purposes:
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the Congressional Reapportionment Act approved August 19, 1911, being Bill No. 214, pages 146, 147 and 148 of the Acts of 1911, shall be, and the same is hereby repealed, and the twelve (12) Congressional Districts created thereby are thereby abolished.
Sec. 2. Be it further enacted by the authority aforesaid that the State of Georgia is hereby divided into ten (10) Congressional Districts, in conformity with the Act of Congress of the United States approved June 18, 1929 decreasing the number of Congressmen from Georgia to ten (10), each of said districts being entitled to elect one representative to the Congress of the United States. The districts shall be composed of the following counties, respectively:
First District: Bryan, Bulloch, Burke, Candler, Chatham, Effingham, Emanuel, Evans, Jenkins, Liberty, Long, Mcintosh, Montgomery, Screven, 'tattnall, Toombs, Treutlen and Wheeler.
Second District: Baker, Brooks, Calhoun, Colquitt, Decatur, Dougherty, Early, Grady, Miller, Mitchell, Seminole, Tift, Thomas and Worth.
Third District: Chattahoochee, Clay, Crisp, Dodge, Dooly, Harris, Houston, Lee, Marion, Macon, Muscogee, Pulaski, Quitman, Randolph, Schley, Stewart, Sumter,

628

JouRNAL OF THE SENATE,

Talbot, Taylor, Telfair, Terrell, Turner, Webster and Wilcox.
Fourth District: Butts, Carroll, Clayton, Coweta, Crawford, Fayette, Heard, Henry, Jasper, Lamar, Meriwether, Newton, Peach, Pike, Rockdale, Spalding, Troop and Upson.
Fifth District: Campbell, DeKalb and Fulton.
Sixth District: Baldwin, Bibb, Bleckley, Greene, Hancock, Jones, Johnson, Laurens, Morgan, Monroe, Putnam, Taliaferro, Twiggs, Warren, Washington and Wilkinson.
Seventh District: Bartow, Catoosa, Chattooga, Cobb, Dade, Douglas, Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walker and Whitfield.
Eighth District: Atkinson, Appling, Bacon, Ben Hill, Berrien, Brantley, Camden, Charlton, Clinch, Coffee, Cook, Echols, Glynn, Irwin, Jeff Davis, Lanier, Lowndes, Pierce, Ware and Wayne.
l\Tinth District: Banks, Barrow, Cherokee, Dawson, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Jackson, Milton, Lumpkin, Pickens, Rabun, Towns, Stevens, Union and White.
Tenth District: Clarke, Columbia, Elbert, Glascock, Hart, Jefferson, Lincoln, Madison, McDuffie, Oconee, Oglethorpe, Richmond, Walton and Wilkes.
Sec. 3. 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.
Senator Williams of the 27th District asked unanimous consent that the amendment of the committee to the original bill be withdrawn, and the consent was granted.
Senators West of the 11th District and North of the 36th District offered the following amendment to the substitute~

WEDNESDAY, JuLY 29, 1931.

629

By striking from the 3rd District in Section~2 of said sub-
stitute the Counties of Harris and Talbot; and by adding to the Fourth District in SectionJ2~of said substitute the
Counties of Harris and Talbot.

Senator West of the 11th District asked una)1imous consent that the amendment to the substitute be adopted.
There was objection.

Senator Harris of the 18th District called for the previous question on the bill, the substitute and the amendment to the substitute, and the call was sustained.
The main question was put, and was sustained.
The question was on the amendment to the substitute, and the amendment was lost.
The question was on the passage of the bill by 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 by substitute, the ayes were 40, the nays 5.
The bill having received the requisite constitutional majority was passed.
Senator McWhorter of the 50th District asked unanimous consent that the bill by substitute be immediately transmitted to the House, and the consent was granted.
Motion to adjourn was now adopted, and the President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

630

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, JuLY 30, 1931.
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. The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Bennett of the 5th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Corporations and recommitted to the Committee on Municipal Government, and the consent was gran ted:
By Messrs. Bunn and Stanton of Ware-
House Bill No. 288. A bill to provide a new charter for the City of Waycross.
Senator Harris of the 18th District asked unanimous consent that the following be adopted as the order of business for this day's session during the first part of the period of Unanimous Consents, and the consent was granted:
1. Introduction of new matter.
2. Reports of Standing Committees.

THURSDAY, JuLY 30, 1931.

631

3. Second reading of Senate and House bills favorably reported.
4. Third reading and passage of local and uncontested Senate and House bills.
5. First reading of House bills.

The following resolution was read and adopted:
By Senators Bennett of the 5th District, Williams of the 27th District, and Fowler of the 39th District-
"Whereas a resolution was passed on July lOth, authorizing a committee to investigate the Legislative and }udici:1l Branch of the State Government and whereas your committee has been overcrowded with other matters coming up in the Senate for consideration.
Therefore be it resolved that the duties and powers in the resolution be extended and that this committee be authorized to make reports to this Senate or to the next session of the Senate."

Sen:1 tor Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President: Your Committee on Engrossing has read and approved
Senate Bill No. 92, and reports the s.-tme back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

Senator Jackson of the 14th District, Chairman of the
Committee on Counties and County Matters, submitted the following report:

632

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. 323. An Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee.
House Bill No. 260. An Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee.
House Bill No. 384. An Act to abolish offices of Tax Receiver and Tax Collector of Decatur County and create in lieu of the same County Tax Commissioner.
House Bill No. 383. An Act providing that the Treasurer of Decatur County be placed on a salary of $75.00 per month instead of !!i)100.00 per month.
House Bill No. 339. An Act to create the office of County Treasurer of White County.
House Bill No. 265. An Act to abolish offices of Tax Receiver and Tax Collector of Evans County and to create in lieu thereof, office of Tax Commissioner.
House Bill No. 133. An Act repealing Clinch County Primary Laws as passed by the 1929 Legislature, do not pass.

Respectfully submitted. JAcKSON, Chairman.

Senator Johnson of the 42nd District, Chairman of the Committee on Municipal Government, submitted the following report:

THURSDAY, JuLY 30, 1931.
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:
House Bill No. 390. House Bill No. 392. House Bill No. 401. Senate Bill No. 114. Senate Bill No. 121.
Respectfully submitted, JOHNSON, Chairman.
Senator Reagan of the 35th District, Chairm?n 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. 382. An Act establishing City Court, Bainbridge, Ga., etc.
Respectfully submitted, REAGAN, Chairman.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

634

JouRNAL oF THE SENATE,

Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House and Senate, to-wit:

By Messrs. McRae and Eckford of Fulton-
House Bill No. 439. A bill to be entitled an Act to amend an Act entitled: "An Act to create a new charter for the City of East Point," and for other purposes.
By Messrs. McRae and Eckford of Fulton-
House Bill No. 440. A bill to be entitled an Act to amend an Act creating a new charter for the City of East Point, so as to provide for the extension of the corporate limits of said City of East Point, and for other purposes.

By Senator Dekle of the 6th District-
Senate Bill No. 47. A bill to be entitled an Act to amend an Act establishing a Public School System for the City of Valdosta, and the Acts amendatory thereof, and for other purposes.

By Mr. Ross of Appling and others-
House Bill No. 1. A bill to be entitled an Act to create a Text Book Commission, to define their duties, to provide for uniform text books in the schools; and for other purposes.

The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator Jones of the 51st District-
Senate Bill No. 114. A bill to amend an Act incorporating the Town of Alpharetta.

THURSDAY, JuLY 30, 1931.

G35

By Senator Jones of the 51st District-
Senate Bill No. 121. A bill to amend the charter of the City of Mountain Park.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Stewart of Coffee-
House Bill No. 260. A bill to create a Board of Commissioners of Roads and Revrenues for Coffee County.

By Mr. Tippins of Evans-
House Bill No. 2'65. A bill to abolish the offices ofT ax Receiver and Tax Collector of Evans County; to create the office of Tax Commissioner.

By Mr. Barrett of White-
House Bill No. 339. A bill to create the office of County Treasurer of White County.

By Mr. Simmons of Decatur-
House Bill No. 382. A bill to amend an Act establishing the City Court of Bainbridge.

By Messrs. Simmons and Griffin of Decatur-
House Bill No. 383. A bill to amend an Act amending an Act to place the Treasurer of Decatur County on a salary basis.

By Messrs. Griffin a,nd Simmons of Decatur-
House Bill No. 384. A bill to abolish the offices of Tax Receiver and Tax Collector of Decatur County; to create the office of Tax Commissioner.

636

JouRNAL oF THE SENATE,

By Mr. Stewart of Coffee-
House Bill No. 323. A bill to create a Board of Commissioners of Roads and Revenues for the County of Coffee.

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 390. A bill to amend an Act to authori7.e the City Council of Augusta to fix the salary of mayor, and for other purposes.

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 392. A bill to repeal an Act to amend the charter of the City of Augusta.

By Mr. Kimsey of Rabun-
House Bill No. 401. A bill to amend the charter of Dillard.

The following bills of the Senate were read the third time and put upon their passage:

By Senators Weekes of the 34th District and Reagan of the :33th District-
Senate Bill No. 65. A bill to create the Atlanta Sanitary 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Weekes of the 34th District and Reagan of the 35th District-
Senate Bill No. 115. A bill to repeal an Act to incorporate the Municipality of Atlanta.

THURSDAY, JuLY 30, 1931.

637

The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Dekle of the 6th District-
Senate Bill No. 117. A bill to repeal an Act to establish a Board of Commissioners of Roads and Revenues for Habersham (and Lowndes) 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Weekes of the 34th District-
Senate Bill No. 123. A bill to amend an Act providing a new charter for the Town of Decatur.
The report of the committee, which was favorable to the passr~ge of the bill, was agreed to.
On the passage of the bill, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bills of the House were read the first time and referred to committees:

By Mr. Ross of Appling and others-
House Bill No. 1. A bill to create a Text Book Commission, and for other purposes.
Referred to Committee on Education.

638

JouRNAL oF THE SENATE,

By Messrs. Eckford and McRae of FultonHouse Bill No. 440. A bill to amend an Act to create
a new charter for the City of East Point.
Referred to Committee on Municipal Government.

By Messrs. Eckford and McRae of FultonHou~e Bill No. 439. A bill to amend an Act to create
a new charter for the City of East Point.
Referred to Committee on Municipal Government.

The following resolution was read:

By Senators Duckworth of the 7th District, Hand of the 8th District, and Harris of the 18th District-
Senate Resolution No. 49. A resolution that the Han.
J. Phil Campbell, director of extension for the State Col-
lege of Agriculture, submit to the Senate in writing not later than August 3rd next, a statement of all disbursements of both State and Federal funds for the year H)30, showing in detail the amounts paid for supervision and administration or for salaries of County Agents and Home Demonstration Agents; the reason why it is necessary to expend GO per cent. of said funds for supervision and administration, and to state whether in future GO per cent. of said funds will be expended for supervision and administration.
Senator Harris of the 18th District asked unanimous consent that the resolution be considered immediately, and the consent was gran ted.
Senator Harris asked unanimous consent that the resolution be adopted, and the consent was gran ted.
Senator Hand of the 8th District was called to the Chair.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

THURSDAY, JuLY 30, 1931.

639

Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:

By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 285. A bill to be entitled an Act to amend the Act creating a new charter for the City of Columbus, Georgia, and for other purposes.
Senator Neill of the 24th District asked unanimous consent that the Senate recede from its amendment, and the consent w; s granted.
The President resumed the Chair.

Senator Dekle of the 6th District asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time, and recommitted, and the consent was granted:

By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to make appropriations for last half of 1931, and for 1932 and 1933 for State Departments, Boards, Commissions, Bureaus, and other State Institutions.
Senator Dekle of the 6th District asked unanimous consent that 100 copies of the above bill be printed, and the consent was gran ted.

By unanimous consent, the following bill of the Senate was introduced, read the first time, and referred to the Committee on Special .Judiciary:
By Senator West of the 11th District-
Senate Bill No. 135. A bill to abolish the fee system in the Superior Court of the Pataula Judicial Circuit.

640

JouRNAL OF THE SENATE,

Senator Weekes of the 34th District asked unanimous consent that consideration of the following bill of the Senate be postponed until Tuesday next following the period of Unfinished Business, and the consent was granted:

By Senator Weekes of the 34th District-
Senate Bill No. 116. A bill to protect owners, contractors, subcontractors, laborers, materialmen and others.

The following bill of the Senate, proposing an amendment to the Constitution, and continued from the session of the 27th ult., was taken up for passage:

By Senator Beck of the 37th District-
Senate Bill No. 52. A bill providing for the assumption by the State of indebtedness incurred by certain counties and Coastal Highway Districts for building roads and highways.
Senator McWhorter of the 50th District offered the following substitute:
A BILL
To be entitled an Act to amend Paragraph One, Section Eight of Article Seven of the Constitution of Georgia, by providing for the assumption by the State of Georgia of the indebtedness of the several counties of the State and the Coastal Highway District heretofore incurred for the construction and/or paving of the public roads or highways of the State which have become a part of the State Aid Roads of the Highway System of Georgia, to define said indebtedness; to provide for the method of payment of the said indebtedness; to authorize the General Assembly to enact laws to render effectual the foregoing provisions; 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

THURSDAY, JuLY 30, 1931.

641

of the same, that Paragraph One of Section Eight of Article Seven of the Constitution of this State is hereby amended by adding at the end of said paragraph the following: "Provided, however, that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said district, heretofore incurred for the construction and/ or paving of the public roads or highways (including bridges) of the State; as contemplated and defined by Article Six, Section One of the Act approved August 18, 1919, as said section appears on page 2;)2 of the Georgia Laws of 1919, which were a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, is hereby assumed by the State of Georgia as an indebtedness of the State. The word 'indebtedness' as used herein shall include the actual cast of the construction and/or paving by any county of the State as well as any highway district created by law of any public road or highway (also bridges) expended under the supervision of the State Highway Department. And provided further that the indebtedness of the aforesaid political subdivisions of this State shall be evidenced by certificates of indebtedness issued, or to be issued, by the State Highway Department of Georgia for the cost of the construction and/or paving by any county of the State as well as any highway district created by law, of any public road or highway (also bridges); and provided further that such construction and/or paving was done or contract or agreement made for same to be done prior to September 1, 1931. And provided further that said indebtedness as evidenced by said certificates of indebtedness of the Highway Department shall be paid without interest thereon solely out of the revenues and/or taxes levied, assessed and allocated to the State Highway Department of Georgia for the public roads and highways of the State Aid System of Roads and Highways, and such payment to be made al the rate of not less than ten per cent. per annum of the total of such outstanding indebtedness, and

642

JouRNAL oF THE SENATE,

such payment to begin March 25, 1936, and to continue annually thereafter until all of such out_standing indebtedness shall have been paid. The General Assembly of the State of Georgia is hereby vested with authority to enact laws for the purpose of effectually carrying out the foregoing provisions," so that when said paragraph of said section of said article shall have been amended it will read as follows:

Paragraph 1. The State shall not assume the debt, nor any part thereof of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war; provided, however, that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said district, heretofore incurred for the construction and/or paving of the public roads or highways (including bridges) of the State as contemplated and defined by Article Six, Section One, of the Act approved August 18, 1919, as said section appears on page 252 of the Georgia Laws of 1919, which were a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, is hereby assumed by the State of Georgia as an indebtedness of the State. The word 'indebtedness' as used herein shall include the actual cost of the construction and/or paving by any county of the State as well as any highway district created by law of any public road or highway (also bridges) expended under the supervision of the State Highway Department. And provided further that the indebtedness of the aforesaid political subdivisions of this State shall be evidenced by certificates of indebtedness issued, or to be issued by the State Highway Department of Georgia for the cost of the construction and/or paving by any county of the State as well as any highway district created by law, of any public road or highway (also bridges); and provided

THURSDAY, JuLY 30, 1931.

643

further that such construction and/or paving was done or contract or agreement made for same to be done prior to September 1, 1931. And provided further that said indebtedness as evidenced by said certificates of indebtedness of the Highway Department shall be paid without interest thereon solely out of the revenues and/or taxes levied, assessed and allocated to the State Highway Department of Georgia for the public roads and Highways of the State Aid System of Roads and Highways, and such payment to be made at the rate of not less than ten per cent. per annum of the total of such outstanding indebtedness, and such payment to begin, March 25, 1936, and to continue annually thereafter until all of such outstanding indebtedness shall have been paid. The General Assembly of the State of Georgia is hereby vested with authority to enact laws for the purpose of effectually carrying out the foregoing provisions.

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 twothirds 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 directed to cause the above proposed amendment to be published in one or more newspapers in eacL Congressional District in this State for the period of two months next preceding the time of the holding of 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 the 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 mem hers of the General Assembly. All persons voting at such election in favor of adopting said proposed amendment shall have written or printed on their ballots "For Amendment to Paragraph One, Section Eight

644

JouRNAL oF THE SENATE,

of Article Seven of the Constitution providing for assumption by the State of Georgia of the indebtedness incurred by counties and the Coastal Highway District for the constrpction and/or paving of public roads or highways of the State which have become a part of the State Aid Roads of the Highway System of Georgia." All persons voting at such election against the adoption of said proposed amendment shall have written or printed on their ballots the words "Against Amendment to Paragraph One, Section Eight of Article Seven of the Constitution providing for the assumption by the State of Georgia of the indebtedness incurred by counties and the Coastal Highway District for the construction and/or paving of the public roads or highways of the State which have become a part of the State Aid Roads of the Highway System ofGeorgia." If a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification, the Governor shall, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in cases of election for members of the General Assemblv to count and ascertain the result, issue his proclamatio~ for one insertion in one daily paper of this State, announcing such result and declaring the amendment ratified.
Senator Dekle was called to the Chair.
Senator Watson of the 3rd District offered to amend the substitute as follows:
Amend Section 1, and Paragraph 1 by striking from line 10 on page 1, and line 45 on page 2 the word "were" and substituting the word "are." Amend Section 1 and Paragraph 1 by striking from line 31 on page two and line 65 on page 3 the figures "1936" and inserting the figures "1934."

Sena tor Watson of the 3rd District offered the following amendment to the substitute:

THURSDAY, }ULY 30, 1931.

645

Amend Section One by adding after the words "shall have been paid" in line 30, page two, and also amend Paragraph One of said Section Two on page 64, page 3 by :1.dding after the words "shall have been paid" the following words: and provided further that wherever the said indebtedness to any county of said State shall be represented by bonds issued by said county and outstanding the said annual payments to such county shall not be used by said county or its authorities for any other purpose than the payment of the principal and interest of such bonds.
The President resumed the Chair.

The following privileged resolutions were read and adopted:

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to the Hon. Albert Foster of Madison.

By Senator Harris of the 18th District-
A resolution extending the privileges of the floor to the wife and daughter of Senator Dekle of the 6th District.
Senator Perkins of the 17th District c1.lled for the previous question.
Senator Harris of the 18th District moved that the Senate do now adjourn.
The question was on the motion to adjourn, and the motion prevailed.
The President announced that further consideration of Senate Bill No. 52 will be continued at tomorrow's session as unfinished business.
The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

646

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, JuLY 31, 1931.
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.
The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator McWhorter of the 50th District asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read the second time, and recommitted, and the consent was granted:
By Senators West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 96. A bill to prescribe regulations for common earners.
Senator McWhorter of the 50th District asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read the second time, and recommitted, and the consent was g-ranted:
By Senators West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 97. A bill to regulate Motor Vehicles.

FRIDAY, JuLY 3'1, 1931.

647

Senator Pruett of the 32nd District asked unammous consent that the following bill of the Senate be withdrawn from the committee, read the second time, and recommitted, and the consent was granted:

By Senators Pruett of the 32nd District and McWhorter of the 50th District-
Senate Bill No. 134. A bill to regulate the party organization of political parties.

Senator McWhorter of the 50th District asked unanimous consent that the following be adopted as the order of business for this session during the first part of the period of Unanimous Consents, and the consent was granted:
1. Introduction of new matter.
2. Reports of Standing Committees.
3. Second reading of Senate and House bills favorably reported.
4. Third reading and passage of local and uncontested Senate and House bills.
5. First reading of House bills.

Senator Weekes of the 34th District, Chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
Your Committee on Enrollment has read and approved the following Act of the Senate and has instructed me, as chairman, to report the same back to the Senate as being ready for transmission to the office of the Governor:
Senate Act No. 47.
Respectfully submitted,
WEEKES, Chairman.

648

JouRNAL oF THE SENATE,

Senator Ennis of the 20th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:

Your Committee on Highways and Public Roads 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 not pass:
Senate Bill No. 55.
Senate Bill No. 19.
Respectfully submitted,
ENNTS, Chairman.

Senator Ennis of the 20th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President:
Your Committee on Highways and Public Roads 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. 124.
House Bill No. 108.
House Bill No. 295.
Respectfully submitted, ENNIS, Chairman.

FRIDAY, JuLY 31, 1931.

649

Senator Jackson of the 14th 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. 284. An Act to create Board of Roads and Revenues in Turner County.
Respectfully submitted,
JAcKSON, Chairman.

Senator Fowler of the 39th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities 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 Pill No. 119.
Respectfully submitted,
FowLER, Chairman.

Senator Johnson of the 42nd District, Chairman of the Committee on Municipal Government, submitted the following report:

650

JouRNAL OF THE SENATE,

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 not pass:
House Bill No. 288.
Respectfully submitted,
JoHNSON, Chairman.

Senator Brock of the 44th District, Vice-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 has instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 135. An Act to abolish the fee system now existing in the Superior Courts of the Pataula J ~dicial Circuit, as applied to the office of Solicitor-General, and for other purposes.
Senate Bill No. 125. Amend the City Court of Lowndes County.
Respectfully submitted,
BRocK, Vice-Chairman.
Senator Johnson of the 42nd District, Chairman of the Committee on Municipal Government, submitted the following report:

FRIDAY, JuLY 31, 1931.

651

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. 346.
House Bill No. 351.
House Bill No. 375.
Respectfully submitted,
JoHNSON, Chairman.

Senator Watson of the 3rd 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. 99. Providing recitals in conveyances under Security Deeds be prima facie evidence as to fact recited, do pass.
Senate Bill No. 103. Permitting more than one application to remove disabilities of marriage, do pass.
Senate Bill No. 118. To enforce parental support of children, do pass.
Senate Bill No. 28 do not pass.
Respectfully .submitted,
WATSON, Chairman.

652

JouRNAL oF THE SENATE,

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:

Your Committee on Engrossing has read and approved the following Senate Bills Nos. 65, 115, 117 and 123 and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

Senator Johnson of the 42nd 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. 439. House Bill No. 440.
Respectfully submitted, JoHNSON, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requlSlte constitutional majority the following bills of the House, to-wit:

FRIDAY, JuLY 31, 1931.

653

By Mr. Thomas of Wayne-
House Bill No. 404. A bill to be entitled an Act to amend an Act entitled an Act establishing the City Court of Jesup, in and for the County of Wayne, and for other purposes.

By Messrs. Arnold and Wood of Clarke-
House Bill No. 406. A bill to be entitled an Act to amend an Act entitled An Act to amend the charter of the Town of Athens, and the various Acts amendatory thereof, and for other purposes.

By Mr. Walker of Brooks-
House Bill No. 340. A bill to be entitled an Act amending the City Court of Quitman by fixing the salary of the judge of said court, and for other purposes.

By Mr. Skelton of Hart-
House Bill No. 433. A bill to be entitled an Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Hart, and for other purposes.

By Mr. Pace of Cobb-
House Bill No. 451. A bill to be entitled an Act to amend and supersede the Act incorporating the Town of Smyrna, in Cobb County, Georgia, and for other purposes.

By Messrs. Rosser and Hutcheson of Walker-
House Bill No. 454. A bill to be entitled an Act to amend the charter of the City of Rossville, Walker County, Georgia, approved August 24-, 1905, and all Acts amendatory thereof, and for other purposes.

By Mr. Edmondson of ChattoogaHouse Bill No. 456. A bill to be entitled an Act to

654

JOURNAL OF THE SENATE,

amend the charter of the Town of Trion, in Chattooga County, Georgia, so as to increase the territorial corporate limits of said town.

By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 458. A bill to be entitled an Act fixing the time for holding Superior Courts in Colquitt County, so as to provide for the holding of two terms of Colquitt Superior Court in each year and to provide for the time of holding the same, and for other purposes.

By Mr. Scarbrough of Polk-
House Bill No. 462. A bill to be entitled an Act to amend the charter of the City of Rockmart, and for other purposes.

By Mr. Parham of Heard County-
House Bill No. 412. A bill to be entitled an Act to amend the Acts relative to the Board of Commissioners of Roads and Revenues of Heard County, and for other purposes.

By Messrs. Bargeron and Jones of Burk~
House Bill No. 415. A bill to be entitled an Act to repeal Section 1, providing for the selection of the Board of Commissioners of Roads and Revenues of Burke County by the Grand Jury of said county, and for other purposes.

By Mr. Montgomery of Webster-
House Bill No. 417. A bill to be entitled an Act to repeal an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Webster, and for other purposes. -

FRIDAY, JuLY 31, 1931.

655

By Mr. Montgomery of Webster-
House Bill No. 418. A bill to be.,..entitled an Act to create the office of Commissioner of Roads and Revenues for the County of Webster, and for other purposes.

By Messrs. Davis and Lord of Jackson-
House Bill No. 423. A bill to be'entitled an~Act entitled "An Act to establish the City Court of Jefferson, in Jackson County, and for other purposes.

By Messrs. Davis and Lord of Jackson-
House Bill No. 424. A bill to be-entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County, Georgia, and for other purposes.

By Mr. Scarbrough of Polk-
House Bill No. 463. A bill to be entitled an Act to amend an Act, amending, consolidating and superseding the several Acts incorporating the City of Cedartown in the County of Polk, providing a new charter for same, and for other purposes.

By Mr. Patten of Lanier-
Hause Bill No. 464. A bill to be entitled an Act to abolish the office of County Surveyor of Lanier County, and for other purposes.

By Mr. Patten of Lanier-
Hause Bill No. 465. A bill to be entitled an Act to repeal an Act entitled "An Act to prescribe the jurisdiction of the City Court of Lanier County, and for other purposes."

By Mr. Patten of LanierHause Bill No. 466. A bill to be entitled an Act to pro-

656

JouRNAL oF THE SENATE,

vide for the election of the members of the County Board of Education of Lanier County; and for other purposes.

By Mr. McGehee of Talbot-
House Bill No. 474. A bill to be entitled an Act to repeal an Act approved in 1913, incorporating the Town of Box Springs, in Talbot County, and for other purposes.

By Mr. Mallard of Charlton-
House Bill No. 377. A bill to be entitled an Act to create a new charter for the City of Folkston, and for other purposes.

By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 457. A bill to be entitled an Act to create and establish a City Court of Colquitt County in and for the County of Colquitt, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requtstte constitutional majority as amended the following bill of the Senate, to-wit:

By Senator Reagan of the 35th District-
Senate Bill No. 101. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for Henrv County, and for other purposes.

FRIDAY, JuLY 31, 1931.

657

The following bills of the Senate, favorably rep~rted by committees, were read the second time:

By Senator McWhorter of the 50th District-
Senate Bill No. 99. A bill tomah recitals in conveyances prima facie evidence of compliance with terms of such powers, and for other purposes.

By Senator Harris of the 18th District-
Senate Bill No. 103. A bill to remove certain disabilities where remarriage is desired.

By Senators McWhorter of the 50th District and Jones of the 51st District-
Senate Bill No. 118. A bill to enforce parental support of children.

By Senator Dekle of the 6th District-
Senate Bill No. 125. A bill to amend an Act to amend the Act creating the City Court of Valdosta.

By Senator West of the 11th District-
Senate Bill No. 135. A bill to abolish the fee system in the Superior Courts of the Pataula Judicial Circuit.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Paulk of Turner-
House Bill No. 284. A bill to amend the Act creating the Board of Commissioners of Roads and Revenues of Turner County.

658

JouRNAL oF THE SENATE,

By Mr. Johnson of Pike-
House Bill No. 346. A bill to amend an Act to create a charter for the City of Zebulon.

By Mr. Thompson of Barrow-
House Bill No. 351. A bilr~to amend an Act establishing a new charter for the Cityrof Winder.

By Mr. Moye of Randolph-
House Bill No. 375. A bill to amend an Act incorporating the Town of Carnegie.

By Messrs. Eckford and McRae of Fulton-
House Bill No. 439. A bill to amend an Act creating a new charter for the City of East Point.

By Messrs. McRae and Eckford of Fulton-
House Bill No. 440. A bill to amend an Act to create a new charter for the City of East Point:

The following bill of the Senate, favorably reported by the committee, was read the second time:
By Senator Weekes of the 34th DistrictSenate Bill No. 119. A bill relating to recovery of charges
on intrastate shipments.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Jones of the 51st District-
Senate Bill No. 114. A bill to amend an Act incorporating the town of Alpharetta.

FRIDAY, JuLY 31, 1931.

659

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Jones of the 51st DistrictSenate Bill No. 121. A bill to amend the charter of the
City of Mountain 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 40, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Mr. Stewart of CoffeeHouse Bill No. 260. A bill to create a Board of Com-
missioners of Roads and Revenues for Coffee County.
The committee offered the following amendment:
By striking the word "create" and insert in lieu thereof the word "repeal" in line one of the caption of House Bill No. 260.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 38, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

660

JouRNAL oF THE SENATE,

By Mr. Stewart of Coffee-
House Bill No. 323. A bill to create a Board of Commissioners of Roads and Revenues for the County of Coffee.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Barrett of White-
House Bill No. 339. A bill to create the office of County Treasurer of 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 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Cartled::re, Lanier, and Lester of Richmond-
House Bill No. 3~JO. A bill to amend an Act to authorize the Cty Council of Aug11st'l to fix the sahry of me~ yor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Btll No. 392. A bill to repeal an Act to amend the charter of the City of Augusta.

FRIDAY, JuLY 31, 1931.

661

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the p:1ssage of the bill, the ayes were 40, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Kimsey of Rabun-
House Bill No. 401. A bill to amend the charter of the City of Dillard.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the House was read the third time:

By Mr. Tippins of Evans-
House Bill No. 265. A bill to abolish the offices of Tax Receiver and Tax Collector; to create the office of Tax Commissioner of Evans County.

The following bills of the House, favorably reported by committees, were read the second time:
By Mr. James of JonesHouse Bill No. 124. A bill to provide that the alterna-
tive road law shall not apply to certain counties.
By Mr. Dixon of Pierce-
House Bill No. 295. A bill to provide that the alternative four days road law shall not be operative in certain counties.

662

JouRNAL oF THE SENATE,

By Mr. Beasley of Tattnall-
House Bill No. 108. A bill to amend an Act excluding road duties in certain counties.
Senator Bennett of the 5th District asked unanimous consent that the report of the committee, which was unfavorable to the passage of the following House bill as amended, be agreed to. The consent was granted and the bill as amended was lost.

By Messrs. Bunn and Stanton of Ware-
House Bill No. 288. A bill to amend an Act to provide a new charter for the City of Waycross.

Senator West of the 11th District asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read the second time, and recommitted to the Committee on Special Judiciary, and the consent was granted:

By Senator West of the 11th District-
Senate Bill No. 135. A bill to abolish the fee system in the Pataula Judicial Circuit.

Senator Jones of the 51st District asked unanimous consent that the following bill of the Senate be immediately transmitted to the House, and the consent was granted:

By Senator Jones of the 51st District-
Senate Bill No. 114. A bill to amend an Act to mcorporate the town of Alpharetta.

Under the head of unfinished business, the following bill of the Senate, proposing an amendment to the Constitution, and continued from yesterday's session, was taken up for passage:

FRIDAY, JuLY 31, 1931.

663

By Senator Beck of the 37th District-
Senate Bill No. 52. A bill providing for the assumption by the State of the indebtedness incurred by certain counties and Coastal Highway Districts for building Roads and Highways.
Senator Watson of the 3rd District offered the following substitute tn Senate Bill No. 52:

A BILL
The General Assembly of the State of Georgia proposes to the people of said State an Act to be entitled an Act to amend Paragraph 1, Section 8 of Article 7 of the Constitution of Georgia, by providing for the assumption by the State of Georgia of the indebtedness of the several counties of the State and the Coastal Highway District heretofore incurred for the construction and/or paving of the public roads or highways of the State which have become a part of the State Aid Roads of the Highway System of Georgia, to define said indebtedness; to provide for the method of payment of the said indebtedness; to authorize the General Assembly to enact laws to render effectual the foregoing provisions; 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 8, Article 7 of the Constitution of this State is hereby amended by adding at the end of said paragraph the following: "Provided, however, that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said district, heretofore incurred for the construction and/or paving of the public roads or highways (including bridges) of the State; as contemplated and defined by Article 6, Section 1 of the Act approved August 18, 1919, as said section appears on page 252 of the Georgia Laws of 1919, which are

(\64

JouRNAL OF THE SENATE,

a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, is hereby assumed by the State of Georgia as an indebtedness of the State. The word 'indebtedness' as used herein shall include the actual cost of the construction and/or paving by any county of the State as well as any highway district created by law of any public road or highway (also bridges) expended under the supervision of the State Highway Department. And provided further that the indebtedness of the aforesaid political subdivisions of this State shall be evidenced by the certificates of indebtedness issued, or to be issued, by the State Highway Department of Georgia for the cost of the construction and/or paving by any county of the State as well as any highway district created by law, of any public road or highway (also bridges); and provided further that such construction and/or paving was done or contract or agreement made for same to be done prior to September 1, 1931. And provided further that said indebtedness as evidenced by said certificates of indebtedness of the Highway Department may be paid out of the revenue and/or taxes levied, assessed and allocated to the State Highway Department of Georgia for the public roads and highways of the State Aid System of Roads and Highways. The General Assembly of the State of Georgia is hereby vested with authority to fix the time and method of payment, and may provide such payment be made by the said Highway Department from funds as herein specified and to enact laws for the purpose of effectually carrying out the foregoing provisions," so that when said paragraph of said section of said article shall have been amended it will read as follows:

Paragraph 1. The State shall not assume the debt, nor
any part thereof of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war; provided, however,

FRIDAY, JuLY 31, 1931.

665

that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said district, heretofore incurred for the construction and/or paving of the public roads or highways (including bridges) of the State as contemplated and defined by Article G, Section 1 of the Act approved August 18, 1919, as said section appears on page252oftheGeorgiaLawsof1919,whichare a part of the State Aid Roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, is hereby assumed by the State of Georgia as an indebtedness of the State. The word 'indebtedness' as used herein shall include the actual cost of the construction and/or paving by any county of the State as well as any highway district created by the law of any public road or highway (also bridges) expended under the supervision of the State Highway Department. And provided further that the indebtedness of the aforesaid political subdivisions of this State shall be evidenced by certificates of indebtedness issued or to be issued by the State Highway Department of Georgia for the cost of the construction and/or paving by any county of the State as well as any highway district created by law, of any public road or highway (also bridges); and provided further that such construction and/or paving was done or contract or agreement made for same to be done prior to September 1, 1931. And provided further that said indebtedness as evidenced by said certificates of indebtedness of the Highway Department may be paid out of the revenues and/or taxes levied, assessed and allocated to the State Highway Department of Georgia for the public roads and highways of the State Aid System of Roads and Highways. The General Assembly of the State of Georgia is hereby vested with authority to fix the time and method of payment, and may provide such payment be made by the Highway Department from funds as herein specified and to enact laws for the purpose of effectually carrying out the foregoing provisions.

666

JouRNAL oF THE SENATE,

Section 2. Be it further enacted by the authority aforesaid, that whenever the above proposed amendment to the Constitution of this State shall be agreed to by two thirds of the members elected to each of the houses of the General Assembly and the same has been entered upon their journals with the "ayes" and "nays" taken thereon, the Governor shall, and he is hereby authorized and directed to cause the above proposed 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 the holding of 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 the 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 said proposed amendment shall have written or printed on their ballots "For Amendment to Paragraph 1, Section 8 of Article 7 of the Constitution providing for assumption by the State of Georgia of the indebtedness incurred by counties and the Coastal Highway District for the construction and/or paving of public roads or highways of the State which have become a part of the State Aid Roads of the Highway System of Georgia."

All persons voting at such election against the adoption of said proposed amendment shall have written or printed on their ballots the words "Against Amendment to Paragraph 1, Section 8 of Article 7 of the Constitution providing for the assumption by the State of Georgia of the indebtedness incurred by counties and the Coastal Highway District for the construction and/or paving of the public roads or highways of the State which have become a part of the State A1d Roads of the Highway System of Georgia." If a majority of the electors qualified to vote for members of the General Assemb y voting thereon, shall vote for ratification, the Governor shall, when he ascertains the same

FRIDAY, JuLY 31, 1931.

667

from the Secretary of State, to whom the returns from said election shall be referred _n the same manner as in cases of election for members of the General Assembly to count and ascertain the result, issue his proclamation for one insertion in one daily p1.per of this State, announc ng such result and declaring the amendment ratified.
Senator Harris of the 18th District ::~sked unanimous consent th'lt all amendments to the original bill be withdrawn, and the consent was gran ted.
Senator McWhorter of the 50th District asked unanimous consent that all amendments to the substitute offered by the committee be withdrawn, and the consent was granted.
Senator Williams of the 27th District asked unanimous consent that all amendments to the substitute offered by Senator Watson of the 3rd District be withdrawn, and the consent was granted.
The question was on the passage of the bill by the substitute offered by the committee.
Senator McWhorter of the 50th District asked unanimous consent that the substitute offered by the committee be withdrawn. There was objection.
The report of the committee, which was favorable to the passage of the bill by the substitute offered by it, was not agreed to, and the committee substitute was lost.

The question was on the passage of the bill by the substitute offered by Senator Watson of the 3rd District.

The bill by substitute, being a proposal to amend the constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Alexander Bennett Brock

Clements Davis Dekle

Denton Duckworth Ennis

668

JoURNAL OF THE SENATE,

Fowler Hand Harris Jackson Johnson Jones Knabb Langford Lazenby

McKenzie McWhorter Martin Neisler Nelson Nix Pratt Pruett

Puett Reagan Smith Stark Strickland Wallace Waters Watson

Those voting in the negative were Senators:

Adkins Courson Evans

Perkins Peterson Richardson

Weekes West Williams

On the passage of the bill by substitute, the ayes were 34, the nays 9.

The bill by substitute having received the requisite twothirds constitutional majority was passed.

Senator Strickland of the 1st District asked unanimous consent that the following bill be taken from the table, and the consent was granted, and the bill was put upon its passage:
By Senator Martin of the 2nd District-
Senate Bill No. 51. A bill to protect the natural oyster beds of the State.
Senator McWhorter of the 50th District asked unanimous consent that Senate Bill No. 52, a bill providing for the assumption by the State of indebtedness incurred by certain counties for building roads, be immediately transmitted to the House, and the consent was granted;
Senator Martin of the 2nd District offered the following amendment to Senate Bill No. 51:
By inserting between the word "Commissioner" and the word "but" in the tenth line of Section 2 the following: "for

FRIDAY, JuLY 31, 1931.

669

propagation or replanting purposes only, and only during the months of May, June, July and August."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 26, the nays 0.
The bill as <1mended having received the requisite constitutional majority was passed.
Senator Harris of the 18th District moved that when the Senate adjourns today, it stands adjourned until 11:00 o'clock Monday morning next. The motion prevailed.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Weekes of the 34th District-
Senate Bill No. 124. A bill to allow certain counties to permit their tax assessors to meet from April 1st to August 1st each year.
The report 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.

The following bills of the House were read the third time and put upon their passage:
By Mr. Simmons of DecaturHouse Bill No. 382. A bill to establish the City Court
of Bainbridge.

670

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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Simmons and Griffin of Decatur-
House Bill No. 383. A bill to amend an Act amending an Act providing that the Treasurer of Decatur County be placed on a salary basis.
The report 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 1.
The bill having received the requisite constitutional majority was passed.

By Messrs. Simmons and Griffin of Decatur-
House Bill No. 384. A bill to abolish the offices of Tax Receiver and Tax Collector of Decatur County; to create the office of County 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 28, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Hutcheson and Rosser of WalkerHouse Bill No. 10. A bill to amend the Code relative
to taxes for county purposes 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, the nays 0.

FRIDAY, JuLY 31, 1931.

671

The bill having received the requisite constitutional majority was passed.

By Mr. Hutcheson of Walker-
House Bill No. 19. A bill to provide for the education of the children of soldiers, sailors, marines, and others.
The committee offered the following amendment:
By striking from line 3 of Section 2 the following words: By the United States Government or private donation.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 33, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Beaman and Leathers of DeKalb-
House Bill No. 32. A bill to provide the manner in which tax fi. fas. shall be issued by tax collectors 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Eckford and McRae of Fulton-
House Bill No. 143. A bill to require Boards of Jury Commissioners in certain counties to place on Jury lists the names of not less than 10,000 citizens.

672

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, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Hampton of Fannin-
House Bill No. 191. A bill to amend an Act to protect Birds, Fish, Game and Fur-hearing 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 27, the nays 0.
The bill having received the requisite constitutional majority was passed.
The following resolution of the House was read the third time and put upon its passage:
House Resolution No. 14,. A resolution to encourage the use of paper and other articles made of cotton.
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, the nays 0.
The resolution having received the requisite constitutional majority was passed.

The following privileged resolutions were read and adopted:
By Senator Courson of the lGth District-
A resolution extending the privileges of the floor to the Hon. Neil Gillis Jr. of Treutlen County.

FRIDAY, JuLY 31, 1931.

673

By Senator Pruett of the 32nd District-
A resolution extending the privileges of the floor to the Hon. A. L. Dorsey of White County.
Leave of absence for a few days was granted Senator Knabb of the 4th District.
Leave of absence was granted Senator Strickland of the 1st District for a few days.
Senator Weekes of the 34th District moved that the Senate do now adjourn, and the motion prevailed.
The Chair announced that in accord with a motion agreed to earlier in today's session, the Senate stood adjourned until 11:00 o'clock Monday morning, next.

674

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,

MoNDAY, AuGUST 3, 1931.

The Senate met, pursuant to adjournment, at 11:00 o'clock, A. M., this day and was called to order by the President.
In the absence of the Chaplain, prayer was offered by Senator Watson of the 3rd District.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck
Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand

Harris Horn Jackson Johnson Jones Langford Lazenby McKenzie McWhorter Martin Neisler Nelson Nix North Peterson Pratt

Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Williams Mr. President

By unanimous consent, the reading of the Journal of the proceedings of the previous session, July 31st last, was dispensed with, and the Journal was confirmed.

Senator Peterson of the 15th District, Chairman of the Committee on State of the Republic, submitted the following report:

MoNDAY, AucusT 3, 1931.

675

Mr. President:
Your Committee on State of the Republic 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. 126.
Senate Bill No. 133.
Respectfully submitted,
PETERSON, Chairman.

Senator Evans of the 19th 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 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. 134. To be entitled an Act to regulate the party organization of any political party in this State whose Presidential Electors, etc.
Respectfully submitted,
E' ANS, Chairman.

Senator Brock of the 44th District, Vice-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

676

JOURNAL OF THE SENATE,

instructed me, as vice-chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 135. An Act to abolish the fee system now existing in the Superior Courts of the Pataula Judicial Circuit, as applied to the office of Solicitor-General, etc.
Respectfully submitted,
BRocK, Vice-Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 51, 52, 114, 121, 124 and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

The following bill of the Senate was read the first time and referred to the Committee on General Judiciary No. 1:

By Senators Hand of the 8th District, Courson of the 16th District, Weekes of the 34th District, and others:
Senate Bill No. 136. A bill to amend an Act to regulate the occupation of barbers.

The following bills of the Senate, favorably reported by committees, were read the second time:

By Senators Duckworth of the 7th District, Harris of the 18th District, and Hand of the 8th District-
Senate Bill No. 126. A bill to provide for monthly budg-

MoNDAY, AuGUST 3, 1931.

677

ets by heads of Bureaus, Departments, Boards, Institutions, and others.

By Senators Harris of the 18th District, Neill of the 24th District, Duckworth of the 7th District, and Hand of the 8th District-
Senate Bill No. 133. A bill to reduce the salaries of State employees fifteen per cent. where the salary exceeds $100 per month.

The following bill of the Senate was read the third time, and put upon its passage:

By Senator Dekle of the 6th District-
Senate Bill No. 125. A bill to amend an Act creating 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 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Mr. Paulk of Turner-
House Bill No. 284. A bill to amend the Act creating a Board of Commissioners of Roads and Revenues for Turner County.
The committee amends House Bill No. 284 by adding thereto between Section Six and Section Seven thereof, a section to be known 1 s Section Six (A) to read as follows:
Section Six (A). This Act shall be ratified at an election to be held in and for Turner County to be called by the

678

JouRNAL oF THE SENATE,

Ordinary of Turner County for such purpose, the election to be held on September 30, 1931, at which election the provisions of this Act shall be submitted to the qualified voters at such election for ratification.
On the date of such election the Ordinary of Turner County shall furnish the voters with ballots upon which shall be printed "For ratification of the Act amending the Act creating the Board of County Commissioners," and "Against ratification of the Act amending the Act creating the Bo::trd of County Commissioners," and if a majority of those voting in said election vote for ratification, the provisions of this amendatory Act shall thereby become ratified, and if a majority of those voting do not vote for ratification, then and in that event the provisions of this amendatory Act shall not become ratified.
The returns of said election, after the managers have consolidated the same, shall be made to the Ordinary of said county, who shall declare the result of said election.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 39, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

By Mr. Tippins of Evans-
House Bill No. 265. A bill to abolish the offices of Tax Receiver and Tax Collector of Evans County; to create 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, the nays 0.

MoNDAY, AucusT 3, 1931.

679

The bill having received the requisite constitutional majority was passed.

By Mr. Johnson of Pike-
House Bill No. 346. A bill to amend an Act to create a charter for the City of Zebulon.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Thompson of Barrow-
House Bill No. 351. A bill to amend an Act to establish a new charter for the City of Winder.
The report of the committee, which was favorable to the passage of the bill, was a~reed to.
On the passage of the bill, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Moye of Randolph-
House Bill No. 375. A bill to amend an Act creating the Town of Carnegie.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

680

JouRNAL oF THE SENATE,

By Messrs. Eckford and McRae of FultonHouse Bill No. 439. A bill to amend an Act creating a
new charter for the City 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 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Eckford and McRae of FultonHouse Bill No. 440. A bill to amend an Act to create
a new charter for the City 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 38, the mys 0.
The bill having received the requisite constitutional majority was passed.
Senator West of the 11th District was called to the Chair.

The following bills of the House were read the first time and referred to committees:

By Mr. Walker of Brooks-
House Bill No. 340. A bill to amend an Act establishing the City Court of Quitman.
Referred to the Committee on Special Judiciary.

By Mr. Mallard of CharltonHouse Bill No. 377. A bill to create a new charter for
the City of Folkston.
Referred to Committee on Municipal Government.

MoNDAY, AuGUST 3, 1931.

681

By Mr. Thomas of Wayne-
House Bill No. 404. A bill to amend an Act establishing the City Court of Jesup.
Referred to Committee on Special Judiciary.

By Mr. Parham of Heard-
House Bill No. 412. A bill to amend certain Acts relating to creation of a Board of Commissioners of Roads and Revenues of Heard County.
Referred to Committee on Counties .md County Matters.

By Messrs. Bargeron and Jones of Burke-
House Bill No. 415. A bill to repeal Section One of an Act approved August 22, 1929, relative to Boards of Commissioners of Roads and Revenues of Burke County.
Referred to Committee on Counties and County Matters.

By Mr. Montgomery of Webster-
House Bill No. 417. A bill to repeal an Act to amend an Act to create a Board of C0mmissioners of Roads and Revenues for Webster County.
Referred to Committee on Counties and County Matters.

By Mr. Montgomery of Webster-
House Bill No. 418. A bill to create the office of Commissioner of Roads and Revenues of Webster County.
Referred to Committee on Counties and County Matters.

By Messrs. Davis and Lord of Jackson-
House Bill No. 423. A bill to repeal ah Act to establish the City Court of Jefferson.
Referred to Committee on Special Judiciary.

682

JouRNAL oF THE SENATE,

By Messrs. Davis and Lord of Jackson-
House Bill No. 424. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County.
Referred to Committee on Counties and County Matters.

By Mr. Skelton of Hart-
House Bill No. 433. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Hart County.
Referred to Committee on Counties and County Matters.

By Mr. Pace of CobbHouse Bill No. 451. A bill to amend an Act incorporat-
ing the Town of Smyrna.
Referred to Committee on Corporations.

By Messrs. Rosser and Hutcheson of Walker-
House Bill No. 454. A bill to amend an Act to tncorporate the City of Rossville.
Referred to Committee on Municipal Government.

By Mr. Edmondson of Chattooga-
House Bill No. 456. A bill to amend the charter of the Town of Trion.
Referred to Committee on Corporations.

By Messrs. Sutton and Mattox of ColquittHouse Bill No." 45b. A bill to amend the Act fixing the
time for holding Superior Court in Colquitt County.
Referred to Committee on Special Judiciary.

MoNDAY, AucusT 3, 1931.

683

By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 457. A bill to create the City Court of Colquitt County.
Referred to Committee on Special Judiciary.

By Mr. Scarbrough of Polk-
House Bill No. 462. A bill to amend the charter of the City of Rockmart.
Referred to Committee on Municipal Government.

By Mr. Scarbrough of Polk-
House Bill No. 463. A bill to amend certain Acts Incorporating the Town of Cedartown.
Referred to Committee on Corporations.

By Mr. Patten of Lanier-
Hause Bill No. 464. A bill to abolish the office of County Surveyor of Lanier County.
Referred to Committee on Counties and County Matters.

By Mr. Patten of Lanier-
Hause Bill No. 465. A bill to repeal an Act prescribing the jurisdiction of the County Court of Lanier County.
Referred to Committee on Special Judiciary.

By Mr. Patten of Lanier-
Hause Bill No. 466. A bill to provide for the election of members of the County Board of Education of Lanier County.
Referred to Co;nmittee on Education.

684

JouRNAL oF THE SENATE,

By Mr. McGehee of Talbot-
House Bill No. 474. A bill to repeal an Act incorporating the Town of Box Springs.
Referred to Committee on Municipal Government.

Senator Brock of the 42nd District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Corporations and recommitted to the Committee on Municipal Government, and the consent was granted:

By Mr. Edmondson of Chattooga-
House Bill No. 456. A bill to amend the charter of the Town of Trion.

The following bills of the Senate were read the third time and put upon their passage:
By Senator West of the 11th District-
Senate Bill No. 135. A bill to abolish the fee system m the Pataub Judicial Circuit.
Senator West of the 11th District offered the following amendment:
By striking the words and figures "Four Thousand Two Hundred and Fifty Dollars ($4,250.00)" wherever the same may appear in Sect on 2 of said bill and inserting in lieu thereof the words and figures "Three Thousand Seven Hundred and Fifty ($3,750.00) Dollars" so that said Section 2 as amended shall read as follows:
Section 2. The salary of the Solicitor-General of said
Judic1al Circuit shall be the sum of Three Thousand Seven
Hundred Fifty ($3,750.00) Dollars per annum, in addition to the salary of Two Hundred and Fifty (S250.CO) Dollars per annum prescribed in Paragraph One, Section Thirteen

MoNDAY, AuGUST 3, 1931.

685

of Article Six of the Constitution of this State, which said salary additional to the Constitutional salary of Two Hundred and Fifty ($250.00) Dollars per annum shall be paid pro rata out of the general treasuries of the various counties composing said circuit upon the basis of population; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its population bears to the total population of all the counties in said circuit, according to the official Federal census of 1930, until completion and promulgation of the next offici:;~! Federal census, and then in like manner according to such succeeding Federal census and so on according to each succeeding official census. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters in such said counties, to cause the part or portion, of said salary so assessed each of said counties to be paid to said SolicitorGeneral quarterly in each year, out of the funds of said counties; that is to say, on the first day of April, July, October and January, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners, or other county authorities ha ;ing control of county matters, to make provisions annually when levying and collecting taxes for expenses of courts, for the levying and collecting of sufficient taxes in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth, and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of Three Thousand Seven Hundred Fifty ($3,750.00) Dollars and the Constitutional salary of Two Hundred Fifty (S250.00) Doll~rs shall be full payment for all his services of said Solicitor-General for all traveling expenses, and for all sums paid out by the said Solicitor-General for clerical aid and legal assistance engaged or employed by him, except as provided in Section Five of this Act.

686

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 agreed to.
On the passage of the bill as amended, the ayes were 31, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

By Senator Weekes of the 34th DistrictSenate Bill No. 119. A bill to prescribe the time in which
to bring action for recovery of charges from common carriers.
Senator Weekes of the 34th District offered the following amendment:
Amend Senate Bill No. 11~, Section 2 thereof so that when amended Section 2 shall read as follows:
Section 2. Suits and/or actions upon all causes of actions for loss and damage, overcharge and all other causes of any nature whatsoever which may arise against any common carrier in connection with the transportation of freight shall be barred at the expiration of three years from the date of the accrual thereof, except that if any claims shall be filed in writing with any common carrier based upon any such alleged cause of action within the three year period of limitation, said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim or any part or parts thereof specified in the notice.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 37, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

MoNDAY, AuousT 3, 1931.

687

By Senators Pruett of the 32nd District, McWhorter of the 50th District, and others-
Senate Bill No. 134. A bill to regulate the party organization of certain political parties.
The report 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.

By Senator McWhorter of the 50th District-
Senate Bill No. 99. A bill to make recitals in conveyances and other instruments prima facie evidence as to compliance with certain terms, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.
A sealed communication from His Excellency, Governor Richard B. Russell, Jr., was received through his Secretary, Mr. Leeman Anderson.
Senator Harris of the 18th District moved that the Senate go into executive session to consider the communication from His Excellency, the Governor.
The motion prevailed and the Senate went into executive session at 11 :55 o'clock.
The Secretary transmitted the following communication to His Excellency, Governor Richard B. Russell Jr.:

688

JouRNAL oF THE SENATE,

Aug. 3, 1931.
His Excellency, HoN. RICHARD B. RussELL, JR., Executive Department, Atlanta, Georgia.

Sir:
I am directed by the Senate of Georgia to inform Your Excellency that it has this day confirmed the following appointments by you:
Hon. B. M. Turnipseed of the County of Clay to be Judge of the City Court of Fort Gaines for a term beginning August 27, 1931 and ending August 27, 1933.
Hon. Zach Arnold of the County of Clay to be Solicitor of the City Court of Fort Gaines for a term beginning August 27, 1931 and ending August 27, 1933.
Hon. Robert M. Nicholson of the County of Oconee to be Judge of the County Court of Oconee County for a term beginning November 18, 1931 and ending November 18, 1935.
Hon. W. W. Armistead of the County of Oglethorpe to be Judge of the City Court of Lexington for a term beginning December 14, 1931 and ending December 14, 1935.
Respectfully,
JoHN T. BoiFEUILLET,
Secretary of the Senate.

The Senate was called to order at 12:10 o'clock by the President.
The following bills of the Senate were read the third me and put upon their passage:

MoNDAY, AucusT 3, 1931.

689

By Senator Harris of the 18th District-
Senate Bill No. 103. A bill to permit certain persons to file application to have removed disabilities as to remarnage.
'I_'he report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 36, the nays 0.
The bill having received the requsite constitutional majority was passed.

By Senator McWhorter of the 50th District-
Senate Bill No. 118. A bill to provide for parental support of children.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following privileged resolutions were read and adopted:
By Senator Harris of the 18th DistrictA resolution extending the privileges of the floor to the
wife and mother-in-law of Senator Davis of the 31st District.
By Senator Brock of the 44th DistrictA resolution extending the privileges of the floor to Dr.
D. S. Middleton.

690

JouRNAL oF THE SENATE,

By Senators Johnson of the 42nd District and Brock ot the 44th District-

A resolution extending the privileges of the floor to Miss Elizabeth Griffin of Reynolds.

Leave of absence was granted Senator Denton of the

38th District, for Tuesday the 4th instant.



A communication from Senator Whitehurst of the 21st District thanking the Senate for its recent expression of sympathy in the illness which has confined him to his home was read.

Senator McWhorter of the 50th District moved that the Senate do now adjourn, and the motion prevailed.

The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

TuESDAY, AuGUST 4, 1931.

691

SENATE CHAMBER, ATLANTA, GA.,
TuESDAY, AuGUST 4, 1931.
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.
The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Jou,rnal was dispensed with, and the Journal was confirmed.
Senator Jackson of the 14th 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 s;~me do pass:
House Bill No. 415. An Act to repeal an Act relative to the selection of a Board of Commissioners of Roads and Revenues, Burke County, etc.
House Bill No. 412. An Act relative to Roads and Revenues, Heard County, etc.

692

JouRNAL OF THE SENATE,

House Bill No. 464. An Act to abolish the office of County Surveyor for Lanier County.
Respectfully submitted,
JACKSON, Chairman.

Senator Evans of the 19th 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 to the Senate with the recommendation that the same do pass:
House Bill No. 307. To regulate the hours of voting in certain counties, and for other purposes.
Respectfully submitted,
EvANS, Chairman.

Senator Moore of the 47th 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 Bill No. 94, being proposed amendment to Paragraph 1, Section 2, of Article 8, providing for election of State School Commissioner by the State Board, etc.

TuESDAY, AuGUST 4, 1931.

693

Senate Bill No. 129, being to amend Article 3, Section 2, Paragraph 1 of Constitution to create a new Senatorial District of County of Fulton.
Senate Bill No. 132. fo amend Paragraph 6, Section 2, Article 6, to regulate cert:tin practice in Supreme Court and Court of Appeals.
Respectfully submitted,
MooRE, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 99, 103, 118, 119, 125, 134, 135 and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

Senator Beck of the 37th District, Chairman of the Committee on Temperance, submitted the following report:
.Ur. President:
Your Committee on Temperance has had under consideration the followin~ 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. 111.
Respectfully submitted, BEcK, Chairman.

694

JouRNAL oF THE SENATE,

Senator Jackson of the 14th 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. 386. An Act creating a Board of Commissioners of Roads 'lnd Revenues for the County of Richmond.
House Bill No. 433; An Act to create a Board of Commissioners of Roads and Revenues for the County of Hart.
Respectfully submitted.
J AC'KSON, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the Senate, to-wit:

By Senator Hand of the 8th District-
Senate Bill No. 76. A bill entitled an Act to amend an Act entitled an Act to establish the City Court of Camilla, in and for the County of Mitchell, and for other purposes.

By Senator Hand of the 8th District-
Senate Bill No. 74. A bill entitled an Act to amend an Act to establish the City Court in the Town of Pelham, in Mitchell County, and for other purposes.

TuESDAY, AucusT 4, 1931.

695

By Senators Weekes of the 34th District, West of the 11th District, McWhorter of the 50th District, Harris of the 18th District, and Duckworth of the 7th District-
Senate Bill No.3. A bill to be entitled an Act to regulate the pr:Jctice of law and the performance of Legal services; to protect the courts and the public in respect thereto; and for other purposes.

By Senator McWhorter of the 50th District-
Senate Bill No. 29. A bill to be entitled an Act to amend an Act approved August 15, 1921, relating to reorganization of the Military forces, and to revise the Military laws, and make of force a Military Code.

The followin~ message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:

By Mr. Stanton of Ware-
House Bill No. 9. A bill to be entitled an Act to amend an Act entitled an Act approved August 25, 1927, relative to the practice of professional nursing in Georgia, and for other purposes.

By Mr. Walker of Brooks-
House Bill No. 341. A bill to be entitled an Act to change from the fee to the salary system in certain counties in Georgia the clerk's of the Superior Court; and for other purposes.

696

JouRNAL oF THE. SENATE.,

By Messrs. Peebles and McElreath of Bartow, and Lewis of Gordon-
House Bill No. 317. A bill to be entitled an Act to reduce the salary of the Solicitor-General of the Cherokee Judicial Circuit, to provide the method of payment from each county therein, and for other purposes.

By Mr. Thomas of W'lyne-
House Bill No. 334. A bill to be entitled an Act to provide that in certain counties in the State where the offices of Tax Receiver and Tax Collector have been consolidated, and the office of County Tax Commissioner created, said County Tax Commissioners shall be ex-officio sheriffs of said counties.

By Messrs. Lanham and Crawford of Floyd-
House Bill No. 203. A bill to be entitled an Act to amend an Act to regulate Real Estate Brokers and Real Estate Salesmen, and for other purposes.

By Messrs. Lanier and Lester of Richmond-
House Bill No. 411. A bill to be entitled an Act to provide for certain records to be kept by the Sheriff, Clerk of Court, Ordinary, and the Tax Collector in counties having a population of not less than 70,000 and not more than 74,000, and for other purposes.

By Mr. Burton of Franklin-
House Bill No. 172. To be entitled an Act to make the Farmers Bank of Royston, Franklin County, a State Depository, and for other purposes.

By Messrs. Mardre and Cochran of Thomas-
House Bill No. 413. A bill to be entitled an Act to authorize the officers having charge of county affairs in cer-

TuESDAY, AuousT 4, 1931.

697

tain counties of this State to appropriate funds to support a Public Library, and for other purposes.

By Mr. Williams of Emanuel-
House Bill No. 484. A bill to be entitled an Act to place 750 names in the jury boxes of certain counties, and for other purposes.

By Mr. Peebles of Bartow and others-
House Bill No. 316. A bill to be entitled an Act to repeal an Act approved August 1, 1929, to abolish the fee system existing in the Cherokee Judicial Circuit.
By Mr. Hubbard of Habersham-
House Bill No. 453. A bill to be entitled an Act to amend an Act incorporating the City of Cornelia, in Habersham County, Georgia, and for other purposes.
By Mr. Beasley of Tattnall-
House Bill No. 441. A bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Glennville, in the County of Tattnall," and for other purposes.

By Messrs. Spivey and Williams of Emanuel-
House Bill No. 486. A bill to be entitled an Act to abolish the office of County Treasurer of Emanuel County, Georgia; to provide for the appointment of a County Depository, and for other purposes.

By Mr. Franklin of Butts-
House Bill No. 483. A bill to be entitled an Act to provide for the use of wire fish baskets in the waters of Butts County.

698

JOURNAL OF THE SENATE,

By Mr. Harris of Terrell-
House Bill No. 293. A bill to be entitled an Act to consolidate the office of Tax Receiver and Tax Collector for the County of Terrell and to create the office of Tax Commissioner, and for other purposes.

By Mr. Patten of Lanier-
Hause Bill No. 467. A bill to he entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Lanier County, Georgia; to create the office of County Tax Commissioner of Lanier County, and for other purposes.

By Messrs. Leathers, Be1.man, Lindsay of DeKalb, and Hutcheson of Walker-
House Bill No. 40. A bill to be entitled an Act to amend Section 4 of an Act approved August 21, 1917, entitled "An Act to provide for the assurance, registration <Jnd transfer of land titles and interest therein," and for other purposes.

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

Mr. President:
The House has passed by the reqmstte constitutional majority the following resolutions of the House, to-wtt:

By Messrs. Carlisle, Park, and Gillen of Bibb-
House Resolution No. 22-145A. A resolution authorizing the State Librarian to furnish cert<tin volumes to the Bibb County Library, and for other purposes.

By Messrs. Lindsay, Leathers, and Beaman of DeKalb-
House Resolution No. 32-237A. A resolution to relieve
Geo. L. Trimble, surety of the bond of Q. C. Jordan.

TuESDAY, AuGUST 4, 1931.

699

By Mr. J. T. Childs of Taylor-
House Resolution No. 29-221C. A resolution authorizing and directing the State Librarian to furnish Taylor County with all missing volumes of the Georgia Supreme Court and Court of Appeals Records.

By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Resolution No. 27-221A. A resolution for the relief of L. W. Hall, as surety for Frank Holmes.

By Mr. Mixon of Irwin-
House Resolution No. 26-191B. A resolution authorizing the State Librarian to furnish Georgia Supreme Court and Court of Appeals Reports to the Irwin County Superior Court.

By Mr. Harris of TerrellHouse Resolution No. 45-310A. A resolution for the
relief of J. E. Brim from all liability on a bond forfeiture.

By Mr. Barrett of White-
House Resolution No. 16-115A. A resolution to provide for the furnishing of certain law books to Clerk of Court of White County and to Ordinary of White County, and for other purposes.

By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Resolution No. 28-221B. A resolution for the rehef of W. F. Cardinal as surety for James Houston, and for other purposes.

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

700

JouRNAL oF THE SENATE,

Mr. President:

The House has passed by the requtstte constitutional majority the following bill of the Senate as amended,
tO-Wit:

By Senator H:~nd of the 8th District-
Senate Bill No. 73. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Mitchell County, Georgia; to create the office of Tax Commissioner for said county, to fix the term and compensation of said officer; and for other purposes.

The following bills of the Senate were read the first time and referred to committees:

By Senators Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 137. A bill to amend an Act establishing a new charter for the City of Atlanta.
Referred to Committee on Municipal Government.

By Senators Stark of the 43rd District and Harris of the 18th District-
Senate Bill No. 138. A bill to provide for the issuance of certificates of registration to qualified voters.
Referred to Committee on Privileges and Elections.

By Senator Duckworth of the 7th DistrictSenate Bill No. 139. A bill to require registration by
all corporations.
Referred to Committee on State of the Republic.

TuESDAY, AuousT 4, 1931.

701

By Senators Knabb of the 4th District, Harris of the 18th District, Pratt of the 41st District, and others-
Senate Bill No. 140. A bill to revise and amend the Forestry Laws.
Referred to Committee on Conservation.

The following bill of the Senate, favorably reported by the committee, was read tht> second time:

By Senators Cheatham of the 26th District and Davis of the 31st District-
Senate Bill No. 111. A bill to amend an Act to prohibit the manufacture, sale, or keeping of alcoholic liquors.
The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 386. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Richmond County.

By Mr. Skelton of Hart-
House Bill No. 433. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues of Hart County.

The following resolution of the Senate was read the first time and referred to the Committee on Western and Atlantic Railroad:

By Senator Reagan of the 35th District-
Senate Resolution No. 50. A resolution to provide that action of the Western and Atlantic Railroad Commission in making a modified contract of June 24, Hl31, in

702

JouRNAL oF THE SENATE,

respect to improvements on the present depot site in Atlanta, be ratified approved and confirmed.

The following bill of the Senate was read the first time and referred to the Committee on Highways and Public Roads:

By Senators Wallace of the 28th District, Johnson of the 42nd District, Brock of the 44th District, and others-
Senate Bill No. 141. A bill to fix the number of members of the State Highway Board, to provide for their selection, and for other purposes.

The following bills of the House were read the third time and put upon their passage:
By Mr. Hubbard of WilkinsonHouse Bill No. 318. A bill to establish the City Court
of Irwinton.
The report 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, the nays 0. The bill having received the requisite constitutional majority was passed.
By Mr. Hubbard of Wilkinson-
House Pill No. 319. A bill to abolish the County Court ofWilkinson 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, the nays 0. The bill having received the requisite constitutional majority was passed.

TuESDAY, AuousT 4, 1931.

703

The following bill of the House was read the first time and referred to the Committee on Counties and County Matters:

By Messrs. Arnold and Wood of Clarke-
House Bill No. 406. A bill to amend an Act amending the charter of the City of Athens.
Senator Harris of the 18th District asked unanimous
consent that the communication of the Hon. J. Phil Camp-
bell, Auditor of the State Agricultural College Department of Extension Work, submitting information, pursuant to Senate Resolution No. 46, to the committee of the Senate investigating the expenditures in this department, be read for the information of the Senate, and that 300 copies of the reply be printed.
The consent was granted, and the Secretary read the communication of the Auditor.
Senator McWhorter of the 50th District was called to the Chair.

The following bills of the House were read the first time and referred to committees:
By Mr. Stanton of WareHouse Bill No. 9. A bill to amend an Act relative to
professional nursing. Referred to Committee on General Judiciary No. 1.

By Messrs. Beaman and Leathers of DeKalb and others-
House Bill No. 4C. A bill to <?mend an Act to provide for the assurance, registration and transfer of land titles, and for other purposes.
Referred to Committee on General Judiciary No. 1.

704

JouRNAL OF THE SENATE,

By Mr. Burton of Franklin-
House Bill No. 172. A bill to make the Farmers Bank of Royston a State Depository.
Referred to the Committee on' Banks and Banking.

By Messrs. Lanham and Crawford of Floyd-
House Bill No. 203. A bill to amend an Act to regulate Real Estate Brokers and Salesmen.
Referred to Committee on General Judiciary No. 2.

By Mr. Harris of Terrell-
House Bill No. 293. A bill to consolidate the offices of Tax Receiver and Tax Collector of Terrell County; to create the office of Tax Commissioner.
Referred to Committee on Counties and County Matters.

By Mr. Peebles of Bartow-
House Bill No. 316. A bill to repeal an Act to abolish the fee system in the Cherokee Judicial Circuit.
Referred to Committee on General J udici::try No. 2.

By Mr. Peebles of Bartow-
House Bill No. 317. A bill to reduce the salary of the Solicitor-General of the Cherokee Judicial Circuit.
Referred to Committee on Counties and County Matters.

By Mr. Thomas of Wayne-
House Bill No. 334. A bill to provide that Tax Commissioners in certain counties shall be ex-officio Sheriffs, and for other purposes.
Referred to Committee on Counties and County Matters.

TuESDAY, AucusT 4, 1931.

705

By Mr. Walker of Brooks-
House Bill No. 341. A bill to change from the- fee to the salary system in certain counties.
Referred to Committee on Counties and County Matters.

By Messrs. Lanier and Lester of Richmond-
House Bill No. 411. A bill to provide that certain records be kept by the Sheriff, Clerk of Court, Ordinary and Tax Collector of certain counties.
Referred to Committee on Counties and County Matters.

By Messrs. Mardre and Cochran of Thomas-
House Bill No. 413. A bill relating to appropriating funds for Public Libraries.
Referred to Committee on Counties and County Matters.

By Mr. Beasley of Tattnall-
House Bill No. 441. A bill to 1.mend an Act to create a new charter for the City of Glenn ville.
Referred to Committee on Municipal Government.

By Mr. Hubbard of Habersham-
House Bill No. 453. A bill to amend an Act incorporating the City of Cornelia.
Referred to Committee on Municipal Government.

By Mr. Patten of Lanier-
Hause Bill No. 467. A bill to abolish the offices of Tax Receiver and Tax Collector of Lanier County; to create the office of Tax Commissioner.
Referred to Committee on Counties and County Matters.

706

JouRNAL oF THE SENATE,

By Mr. Franklin of Butts-
House Bill No. 483. A bill to provide for the use of wire fish baskets.
Referred to Committee on Game and Fish.

By Mr. Williams of Emanuel-
House Bill No. 484. A bill to place 750 names in the jury boxes of certain counties.
Referred to Committee on Counties and County Matters.

By Messrs. Spivey and Williams of Emanuel-
House Bill No. 486. A bill to abolish the office of County Treasurer of Emanuel County.
Referred to Committee on Counties and County Matters.

The following resolutions of the House were read the first time and referred to committees:

By Messrs. Lindsay, Leathers, and Beaman of DeKalb-
House Resolution No. 32-237A. A resolution to relieve George L. Trimble as surety.
Referred to Committee on General Judiciary No. 2.

By Mr. Childs of Taylor--
House Resolution No. 29-221C. A resolution to authorize the State Librarian to furnish certain volumes to Taylor County.
Referred to Committee on Public Library.

By Mr. Alexander of ChathamHouse Resolution No. 27-221A. A resolution to relieve
L. W. Hall as surety.
Referred to Committee on General Judiciary No. 2.

TuESDAY, AuousT 4, 1931.

707

By Mr. Alexander of Chatham-
House Resolution No. 28-221B. A resolution to relieve W. F. Cardinal as surety.
Referred to Committee on General Judiciary No. 2.

By Mr. Barrett of White-
House Resolution No. 16-115A. A resolution to provide for furnishing certain law books to the Clerk of Court of White County.
Referred to Committee on Public Library.

By Mr. Mixon of Irwin-
House Resolution No. 26-191B. A resolution to authorize the State Librarian to furnish Supreme Court and Court of Appeals records to Irwin County.
Referred to Committee on Public Library.

By Mr. Harris of Terrell-
House Resolution No. 45-310A. A resolution to relieve
Mr. J. E. Brim as surety.
Referred to Committee on General Judiciary No. 2.

By M;. Carlisle of BibbHouse Resolution No. 22-145A. A resolution to author-
ize the State Librarian to furnish certain volumes to Bibb County.
Referred to Committee on Public Library.
President Neill resumed the Chair.

The following bill of the Senate, continued from the session of July 30th last, was taken up for passage:

708

JouRNAL oF THE SENATE,

By Senator Weekes of the 34th District-
Senate Bill No. 116. A bill to protect contractors, subcontractors, materialmen, laborers, and others.
Senator Weekes of the 34th District asked unanimous consent that consideration of the bill be deferred until tomorrow morning after the period of Unfinished Business, and that 300 copies of the bill be printed.
The consent was granted.

Senator Evans of the 19th District asked unanimous consent that the following bill be withdrawn from the Committee on Highways and recommitted to the Committee on Privileges and Elections:
By Mr. Wallace of the 28th District and others-
Senate Bill No. 141. A bill to fix the number of members of the State Highway Board, and for other purposes.
There w1s objection.

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

By Senators Duckworth of the 7th District, Harrisof the 18th District, and Hand of the 8th District-
Senate Bill No. 126. A bill to require the heads of Bureaus, Departments, Boards, Institutions and others to make monthly reports.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

TuESDAY, AucusT 4, 19:31.

709

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

By Mr. Beasley of Tattnall-
House Bill No. 108. A bill to amend an Act excluding road duties 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 42, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. James of Jones-
House Bill No. 124. A bill to provide that the alternative road law shall not apply to 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 .tyes were 32, the nays 0.
The bill havmg received the requisite con!>titutional majority was passed.

By Mr. Dixon of Pierce-
House Bill No. 295. A bill to provide that the four days road law shall not be operative 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 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bills of the Senate, favorably reported by committees, were read the second time:

710

JouRNAL OF THE SENATE,

By Senator Bennett of the 5th District-
Senate Bill No. 94. A bill to amend the Constitution to provide for a State School Commissioner.

By Senator Reagan of the 35th District-
Senate Bill No. 129. A bill to amend the Constitution relative to the number of Senators, Senatorial Districts, the composition of such Districts, and for other purposes.

By Senator Duckworth of the 7th District-
Senate Bill No. 132. A bill to amend the Constitution as to the first term of cases in the Supreme Court and Court of Appeals.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Clark of Catoosa-
House Bill No. 30. A bill to regulate the hours of voting in certain counties.

By Mr. Skelton of Hart-
House Bill No. 433. A bill to amend an Act to create a Board of Commissioners of Roads and Revenves for Hart County.

By Mr. Parham of Heard-
House Bill No. 412. A bill to amend certain Acts relative to a Board of Commissioners of Roads and Revenues for Heard County.

By Messrs. Bargeron and Jones of Burke-
House Bill No. 41;). A bill to repeal an Act providing a Board of Commissioners of Roads and Revenues for Burke County.

TUESDAY, AUGUST 4, 1931.

711

By Mr. Patten of Lanier-
Hause Bill No. 464. A bill to abolish the office of County Surveyor of Lanier County.
Senator H1.nd of the 8th District moved that the Senate agree to the following House amendment to Senate Bill No. 73. A bill to abolish the offices of Tax Receiver and Tax Collector of Mitchell County; to create the office of Tax Commissioner:
By striking the period at the end of Section 7 of said bill and substituting a comma therefor, and by adding at the end of said section and to become a part thereof the following:
"Or out of remaining portions of commissions going into tre Treasury of said County under the provisions of this Act heretofore accruing to and p1.id to the Tax Collector and Tax Receiver of said county."
The motion prevailed, and the House amendment to Sen:Jte Bill No. 73 was agreed to.

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

By Senators Neill of the 24th District, Harris of the 18th District, Duckworth of the 7th District, and Hand of the 8th District-
Senate Bill No. 133. A bill to reduce the salaries of all employees of the State 15 per cent. where the salary exceeds $100 per month.
Senator Harris of the 18th District asked unanimous consent that consideration of the bill be postponed until after the period of Unanimous Consents tomorrow, and the consent was granted.

The following privileged resolution was read and adopted:

712

JouRNAL oF THE SENATE,

By Senator Smith of the 30th District-
A resolution extending the privileges of the floor to the Hon. Raymonde Stapleton, Judge of the City Court of Elberton.
Senator Dekle of the 6th District asked unanimous consent to inform the Senate as to the progress the Committee on Appropriations had made with the Appropriation Bill.
The consent was granted.
Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until lG:OO o'clock tomorrow morning.

WEDNESDAY, AUGUST 5, 1931.

713

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, AuGUST 5, 1931.
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. The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been ex2mined and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills of the Senate were read the first time and referred to committees:
Bv Senator McWhorter of the 50th DistrictSenate Bill No. 142. A bill to amend Park's Annotated
Code as to compensation of Fire Inspector. Referred to Committee on Insurance.
Bv Senator Harris of the 18th DistrictSenate Bill No. 143. A bill to create the Savannah
River Navigation Commission, and for other purposes. Referred to Committee on State of the Republic.
By Senator Knabb of the 4th DistrictSenate Bill No. 144. A bill to repeal an Act enumerating
persons liable to road duty. Referred to Committee on Highways and Public Roads.

714

JouRNAL oF THE SENATE,

By Senators Watson of the 3rd District, Harris of the 18th District, West of the 11th District, and McWhorter of the 50th District-
Senate Bill No. 145. A bill to amend the Act creating the State Board of Public Welfare.
Referred to Committee on State of the Republic.

The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator Reagan of the 35th District-
Sem.te Bill No. 79. A bill to amend the laws relating to registration of voters in certain counties.

By Senators McWhorter of the 50th District and Jackson of the 14th District-
Senate Bill No. 41. A bill to create a Board of Examiners for Contractors.

By Senator Beck of the 37th District-
Senate Bill No. 122. A bill to amend the Penal Code as to punishment for abandonment of children.

By Senator Evans of the 19th District-
Senate Bill No. 90. A bill to regulate Life Insurance, Industrial Insurance, Burial, Fraternal and other Associations.

Senator Evans of the 19th 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 Senate and

WEDNESDAY, AUGUST 5, 1931.

715

has instructed me, as chairm<ln, to report the same back to the Senate with the recommendation that the same do pass as amended:
Senate Bill No. 79.
Rsepectfully submitted,
EvANS, Chairman.

Senator Brock of the 44th District, Vice-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 vice-chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 457. To create a City Court in and for Colquitt County to be Jrnown as the City Comt of Colquitt County, etc.
House Bill No. 458. To provide the terms of the Superior Court of Colquitt County eliminating two terms of the four terms of said court.
Respectfully submitted,
BRocK, Vice-Chairman.

Senator Dekle of the 6th 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

716

JoURNAL OF THE SENATE,

me, as chairman, to report the same back to the Senate with the recommendation that the same do pass as amended:
House Bill No. 147. Respectfully submitted, DEKLE, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 73 and 126, and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

Senator Watson of the 3rd 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 resolutions 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. 90 do pass.
Senate Bill No. 91 do pass.
Senate Bill No. 41 do pass as amended.
Senate Bill No. 122 do pass as amended.
House Resolution No. 32-237A do pqss.
House Resolution No. 27-221A do pass.

WEDNESDAY, AuGUST 5, 1931.

717

House Resolution No. 45-310A do pass. House Resolution No. 28-221B do pass. House Bill No. 203 do pass.
Respectfully submitted, WATSON, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President: The House has passed by the requisite constitutional
majority the following bills of the House, to-wit:
By Messrs. Bunn and Stanton of WareHouse Bill No. 511. A bill to be entided an Act to pro-
vide a new charter for the City of Waycross, and for other purposes.
By Mr. Pope of ToombsHause Bill No. 509. A bill to be entitled an Act to
provide for holding two terms a year of the Superior Court in Toombs County, Georgia, and for other purposes.
By Mr. Harrison of CamdenHouse Bill No. 488. A bill to be entitled an Act to amend
an Act creating the Board of Road Commissioners of Camden County, and for other purposes.
By Mr. Edwards of Stephens-
House Bill No. 448. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County; to create the office of Tax Commissioner of Stephens County, and for other purposes.

718

JouRNAL OF THE SENATE,

By Messrs. Allen of Baldwin and Battle of Muscogee-
House Bill No. 3. A bill to be entitled an Act to discount the W. & A. Railroad Rentals, and for other purposes.

The following message was received from the House through Mr. Kingery, 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 Senator Watson of the 3rd District-
Senate Bill No. 10. A bill to be entitled an Act to abolish the office of County Game Warden; providing for the appointment of State Game Wardens, and State Deputy Wardens, and for other purposes.

The following bill of the Senate, favorably reported by the committee, was read the second time:
By Senator Evans of the 19th District-
Senate Bill No. 91. A bill to make it a misdemeanor for Life, Industrial Life, Burial, Fraternal Associations to receive compensation or commissions from undertakers, and for other purposes.

The following resolutions of the House, favorably reported by committees, were read the second time:
By Messrs. Leathers, Lindsay, and Beaman of DeKalbHouse Resolution No. 32-237A. A resolution to relieve
George L. Triml::le as surety.

WEDNESDAY, AUGUST 5, 1931.

719

By Mr. Alexander of Chatham and others-
House Resolution No. 27-221. A resolution to relieve L. W. Hall as surety.

By Mr. Harris of TerrellHouse Resolution No. 45-310A. A resolution to relieve
J. E. Brim as surety.

By Mr. Alexander of Chatham-
House Resolution No. 28-221B. A resolution to relieve W. F. Cardinal as surety.

The following bills of the House, favorably reported by committees, were read the second time:
By Messrs. Sutton and Mattox of ColquittHouse Bill No. 458. A bill to fix the time for holding
Superior Courts in Colquitt County.
By Messrs. Sutton and Mattox of ColquittHouse Bill No. 457. A bill to create the City Court of
Colquitt County.

The following bills of the House were read the third time and put upon their passage:
By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 386. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for 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 41, the nays 0.

720

JouRNAL oF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Mr. Parham of Heard-
House Bill No. 412. A bill to amend the Acts relating to a Board of Commissioners of Roads and Revenues for 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Bargeron and Jones of Burke-
House Bill No. 415. A bill to repeal the Act providing for the selection of the Board of Commissioners of Roads and Revenues for Burke County.
The report of the committee, which was favorable to the passage of the bill, w:1s agreed to.
On the passage of the bill, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Skelton of Hart-
House Bill No. 433. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Hart 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

WEDNESDAY, AUGUST 5, 1931.

721

By Mr. Patten of Lanier-
Hause Bill No. 464. A bill to abolish the office of County Surveyor for 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 26, the nays 0.
The bill having received the requisite constitutional m1.jority was passed.

The following resolution was read and adopted:

By Senator Johnson of the 42nd District-
Senate Resolution No. 51. A resolution paying tribute of the Senate to the Han. Stephen Malton Babcock, recently deceased, for his worth and character as a man, and for giving freely to the farmers of the World the results of his scientific research.
Senator Brock of the 44th District asked unanimous consent that Senate Resolution No. 50, a resolution approving the action of the Western and Atlantic Railroad Commission in making a contract to improve the depot site in Atlanta, be withdrawn from the committee, read the second time, and recommitted.
The consent was granted.

By unanimous consent, the following bill of the House was withdrawn from the committee, read the second time, and recommitted:

By Messrs. Arnold and Wood of Clarke-
House Bill No. 406. A bill to amend an Act to amend the charter of the Town of Athens.

722

JouRNAL oF THE SENATE,

Senator Reagan of the 35th District moved that the Senate disagree to the following House amendment to the bill of the Senate which follows:

By Senator Reagan of the 35th District-
Senate Bill No. 101. A bill to create a Board of Commissioners of Roads and Revenues for Henry County.

Amendment to Senate Bill No. 101 adopted by the House:
Section 23A. Be it further enacted that none of the provisions of this Act shall become effective until the same shall have been adopted and approved by a majority vote of the qualified voters of Henry County in an election to be called by the Ordinary of Henry County to be held on a date prescribed by him not later than September 30, 1931, of which notice shall be given at least twenty days before the date of said election by posting notice thereof at the Court House door of said county and by publication of same in the newspaper in which sheriff's advertisements are published in and for said county once a week for two weeks next immediately preceding the date of said election. At said election all the qualified voters of said county may vote and shall have written or printed on their ballots the words "For Act of General Assembly of 1931 providing for changes in Board of Commissioners of Henry County," and "Against Act of General Assembly of 1931 providing for changes in Board of Commisioners of Henry County," and may vote as they and each of them deem proper either for or against said Act and the provisions thereof. The managers of election shall be paid out of the treasury of said county for holding said election, and shall make their returns of said election to the Ordinary, who shall declare the result thereof. If a majority of said voters at said election vote "For Act of General Assembly of 1931 providing for changes in Board of Commissioners of Henry County," and the result of said elec-

WEDNESDAY, AucusT 5, 1931.

723

tion is so declared by the Ordinary, then the terms and provisions of said Act shall become effective and operative as provided by its terms; but if the majority of voters at said election to be held shall vote "Against Act of General Assembly of 1931 providing for changes in Board of Commissioners of Henry County," the result of which shall be declared by said Ordinary, then and in that event this Act and the provisions of this Act shall be declared null and void and of no effect and the same shall be deemed to have been rejected.
Senator Reagan's motion to disagree to the above House amendment prevailed.
Senator Hand of the 8th District rose to a question of personal privilege.
Senator Duckworth of the 7th District made an oral report on the part of the committee investigating the Agricultural Department of the State.

The following bill of the Senate, continued from the previous session, was taken up for passage:

By Senators Neill of the 24th District, Harris of the 18th District, Duckworth of the 7th District, and Hand of the 8th District-
Senate Bill No. 133. A hill to reduce salaries of all employees of the State fifteen per cent. where salaries exceed $100 per month.
Senator Harris of the 18th District asked unanimous consent that consideration of the bill be postponed until after the period of Unanimous Consents tomorrow, and the consent was granted.

The following bill of the Sem1te, continued from yesterday's session, was taken up for passage:

724

JouRNAL oF THE SENATE,

By Senator Weekes of the 34th District-

Senate Bill No. 116. A bill to protect contractors, subcontractors, materialmen, laborers, and others.

Senator Williams of the 27th District offered the following amendment:

By adding at the end of Section 15 the following "Provided that nothing in the. Act sh:1ll apply to counties of less than 40,000 population."

The amendment was lost.

Senator Harris was called to the Chair.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Weekes of the"'"34th District called for the ayes and nays, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Sena tors:

Bennett Clements Davis Duckworth Evans Harris Horn Jackson Jones

Langford Lazenby McKenzie McWhorter Martin Moore Perkins Pratt Reagan

Richardson Smith Strickland Tippins Watson Weekes West Williams

Those voting m the negative were Senators:

Adkins
Alexander Beck Brock Courson Dekle

Denton
Ennis Hand Johnson Knabb Nix

North
Pruett Puett Stark Waters Whitehurst

The ayes were 26, the nays 18.

WEDNESDAY, AUGUST 5, 1931.

725

The bill having received the requisite constitutional majority was passed.
Senator Ennis of the 20th District gave notice that he would move to reconsider Senate Bill No. 116 at the proper time.
Senator Weekes of the 34th District asked unanimous consent that the bill be immediately transmitted to the House.
There was objection.
Senator Weekes of the 34th District moved that the bill be immediately transmitted to the House.
The motion was lost.

The following bill of the House was read the third time and put upon its passage:

By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to make for the last half of the fiscal year 1931, and for the fiscal years 1932 and 1933, appropriations for the outlay and maintenance of the State Departments, Boards, Commissions, Bureaus, Public Institutions and Educational Interests of the State; and for the payment of the public debt and interest thereon.
Senator Harris of the 18th District asked unanimous consent that the bill be considered item by item, and the consent was gran ted.
The question was on the adoption of Section 1, of Part 1, Division A.
The committee offered the following amendment:
By striking from Part 1, Division A, Section 1, Subsection (b) the figures $153,000.00 for the ye::tr 1932, and $5,000.00 for the year 1933.
The amendment was adopted.

726

JouRNAL OF THE SENATE,

Senator Fowler of the 39th District moved to amend Part 1, Division A, Section 1, Subsection (d) by adding at the end of Subsection (d), "Provided that saicl Constitutional Amendments shall be published in only one newspaper in each Congressional District."
The amendment was adopted.
The committee moved to amend Part 1, Division A, Section 1, Subsection (e) by striking therefrom the appropriation of $200,000 for both the years 1932 and 1933 and substituting in lieu thereof the sum of $75,000 for each of the years 1932 and 1933.
The amendment was adopted.
Senator Jackson of the 14th District, President Pro Tern., was called to the Chair.
Section 2 of Part 1, Division A, was taken up for consideration.
The committee moved to amend by striking from Part 1, Division A, Section 2, Subsection (a), the appropriation for each of the years 1932 and 1933 and inserting in lieu thereof the appropriation of $125,000.00 for each of the years 1932 and 1933.

The following privileged resolution was read and adopted:

By Senators Neill of the 24th District, Harris of the 18th District, and Dekle of the 6th District-
Senate Resolution No. 52, to-wit: Be it resolved by the Senate that until otherwise ordered by the Senate that the Senate reconvene each afternoon at three o'clock for afternoon sessions.

The following privileged resolutions were read and adopted:

WEDNESDAY, AucusT 5, 1931.

727

By Senator Harris of the 18th District-
A resolution extending the privileges of the floor to the Han. B. F. Walker of the 18th District.

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to the
Han. T. J. Erwin of Oglethorpe County.

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to the Han. W. W. Armistead, Judge of the City CourtofLexington.

By Senator Harris of the 18th District-
A resolution extending the privileges of the floor to the Han. L. P. Beck, son of the Senator from the 37th District.

By Senator Beck of the 37th DistrictA resolution extending the privileges of the floor to the
Han. J. M. Cole of Carroll County.

By Senator Harris of the 18th District-
A resolution extending the privileges of the floor to the Han. T. J. Hamilton of Augusta
Leave of absence was granted Senator Puett of the 40th District until Monday, the lOth instant.
By unanimous consent, the Senate now adjourned.
The Chair announced that the Senate stood adjourned until three o'clock this afternoon.

728

JouRNAL OF THE SENATE,

SENATE CHAMBER,

AFTERNOON SESSION.

The Senate was called to order at 3:00 o'clock, P. M., this day.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins

Peterson Pratt Pruett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Williams Mr. President

Senator Neisler of the 23rd 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. 172.
Respectfully submitted,
NEISLER, Chairman

WEDNESDAY, AucusT 5, 1931.

729

Senator Ennis of the 20th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads 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. 12. Refunding advances to counties do not pass.
Senate Bill No. 141. Increasing Highway Board to ten members do not pass.
Senate Bill No. 97. Recommended that it do pass as amended.
Senate Bill No. 96. Recommended that it do pass as amended.
Respectfully submitted,
ENNIS, Chairman.

Senator Johnson of the 42nd 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. 137.
Respectfully submitted,
JoHNSON, Chairman.

730

JOURNAL OF THE SENATE,

Senator Strickland of the 1st 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 bil 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,
STRICKLAND, Chairman.

Senator Knabb of the 4th District, Chairman of the Committee on Conservation, submitted the following report:

Mr. President:
Your Committee on Conservation 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. 140. To revise and amend the Forestry laws and the laws pertaining to Geology.
Respectfully submitted,
KNABB, Chairman.

Senator Reagan of the 35th 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

WEDNESDAY, AUGUST 5, 1931.

731

instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 340. An Act fixing the salary of the Judge of the Superior Court of Quitman, Brooks County.
House Bill No. 465. An Act to prescribe the jurisdiction of County Court, Lanier County.
House Bill No. 404. An Act establishing the City Court of Jesup, Wayne County.
House Bill No. 358. An Act to change the time of holding Court, Grady County.
House Bill No. 232. An Act to change the time of holding Court, Gilmer County.
Respectfully submitted,
REAGAN, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. President:
Your Committee Gn 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 Bill No. 413. An Act to authorize officers having charge of county affairs in certain counties to appropriate funds to support a Public Library, do pass.
House Bill No. 293. An Act to consolidate the Tax Receiver and Tax Collector of Terrell County, do pass.
House Bill No. 484. An Act to place 750 names in the jury boxes of certain counties, do pass.

732

JOURNAL OF THE SENATE,

House Bill No. 486. An Act to abolish the office of County Treasurer of Emanuel County, do pass.
House Bill No. 158. An Act to consolidate the Tax Receiver and Tax Collector, do not pass.

Respectfully submitted, JACKSON, Chairman.

Senator North of the 36th 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. 451. House Bill No. 493 House Bill No. 396. House Bill No. 380. House Bill No. 362. House Bill No. 408 House Bill No. 463.
Respectfully submitted,
NoRTH, Chairman.

Senator Johnson of the 42nd District, Chairman of the Committee on Municipal Government, submitted the following report:

WEDNESDAY, AUGUST 5, 1931.

733

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. 127.
Senate Bill No. 130.
House Bill No. 394. House Bill No. 462. House Bill No. 427. House Bill No. 377. House Bill No. 474.
House Bill No. 456.
House Bill No. 454. Respectfully submitted,
JoHNSoN, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the fLllowing bill of the House, to-wit:

By Messrs. Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 469. A bill to be entitled an Act to amend an Act creating the DeKalb Division of the Municipal Court of Atlanta, and for other purposes.

The following bill of the Senate was read the first time and referred to the Committee on Hygiene and Sanitation:

734

JouRNAL oF THE SENATE,

By Senator Reagan of the 35th District-
Senate Bill No. 146. A bill to define the rights of ClUes, towns and municipalities to regulate the sale of milk, and for other purposes.

The following bills of the Senate, favorably reported by committees, were read the second time:

By Senators Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 137. A bill to establish a new charter for the City of Atlanta.

By Senators Knabb of the 4th District, Harris of the 18th District, and others-
Senate Bill No. 140. A bill to revise the Forestry Laws.

By Senator Dekle of the 6th District-
Senate Bill No. 130. A bill to amend the charter of the City of Valdosta.

By Senator Davis of the 31st District-
Senate Bill No. 127. A bill to amend the charter of the City of Toccoa.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Mallard of Charlton-
House Bill No. 377. A bill to create a new charter for the City of Folkston.

By Mr. Edmondson of Chattooga-
House Bill No. 456. A bill to amend the charter of the Town of Trion.

WEDNESDAY, AUGUST 5, 1931.

735

By Mr. McGehee of Talbot-
House Bill No. 474. A bill to repeal an Act incorporating the Town of Box Springs.

By Messrs. Mardre and Cochran of Thomas-
House Bill No. 427. A bill to amend an Act to Incorporate the Town of Thomasville.

By Mr. Scarbrough of Polk-
House Bill No. 462. A bill to amend the charter of the City of Rockmart.

By Mr. Davis of Troup--
House Bill No. 394. A bill to enable the City of LaGrange to purchase Bonds.

By Mr. Carlisle of Bibb-
House Bill No. 358. A bill to change the time of holding the Superior Court of Grady County.

By Mr. Walker of Brooks-
House Bill No. 340. A bill to 'lmend the City Court of Quitman.

By Mr. Patten of Lanier-
Hause Bill No. 465. A bill to repeal an Act to prescribe the jurisdiction of the County Court of Lanier County.

By Mr. Thomas of Wayne-
House Bill No. 404. A bill to amend an Act establishing the City Court of Jesup.

By Mr. Edwards of Gilmer-
House Bill No. 232. A bill to change the time of holding the Superior Court of Gilmer County.

736

JouRNAL oF THE SENATE,

By Messrs. Mardre and Cochran of Thomas-
House Bill No. 413. A bill to authorize certain county officers to appropriate funds for the support of a Public Library.

By Mr. Harris of Terrell-
House Bill No. 293. A bill to consolidate the offices of Tax Receiver and Tax Collector of Terrell County; to create the office of Tax Commissioner.

By Messrs. Rosser and Hutcheson of Walker-
House Bm No. 454. A bill to amend the charter of the City of Rossville.

By Mr: Williams of Emanuel-
House Bill No. 484. A bill to place 750 names m the jury boxes of certain counties.
By Messrs. Spivey and Williams of EmanuelHouse Bill No. 486. A bill to abolish the office of County
Treasurer of Emanuel County.
The following bills of the House were read the first time and referred to committees

By Mr. Allen of Baldwin and others-
House Bill No. 3. A bill to discount the Western and Atlantic Rentals.
Referred to Committee on Finance.

By Mr. Harrison of Camden-
House Bill No. 488. A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Camden County.
Referred to Committee on Counties and County Matters.

WEDNESDAY, AuGUST 5, 1931.

737

By Messrs. Stanton and Bunn of WareHouse Bill ~o. 511. A bill to amend.an Act to establish
a new charter for the City of Waycross.
Referred to Committee on Municipal Government.

By Mr. Pope of Toombs-
Hause Bill No. 509. A bill!to""provide for holding two terms a year of the Superior Court of Toombs County.
Referred to Committee on Special Judiciary.
By Mr. Edwards of Stephens-
House Bill ~o. 418. A bill to abolish the offices of Tax Receiver and Tax Collector of Stephens County; to create the office of Tax Commissioner.
Referred to Committee on Counties and County .\fatters.
The Senate took up House Bill No. H7, continued from the morning session.
Senator l\1c\Vhorter moved to amend Section 2, Subsection (a), as follows: By striking the figures S255,000.00 for the year 10:r2 and inserting in lieu thereof the figures ~noo,ooo.oo and striking the figures $26;),000.00 for the year 193:~ and inserting in lieu thereof the figures S300,000.00.
Senator Reagan moved to amend Section 2, Subsection (a), by striking the words and figures "For the year 1932, $253,000.00 and for the year 193:3, S263,000.UO" and substitute in lieu thereof the words and figures "for the year 1932, $200,000.00 and for the year 19:33, S200,000.00."
Senator Fowler of the :39th District moved to amend Section 2, Subsection (a), by adding at the end thereof the following: "Provided that out of the amounts herein appropriated not more than the sum of $23,000.00 may be used in publishing the Market Bulletin. Provided further that no matter may be included in said p~blication other than advertising of farm products for sale or exchange by producers thereof."

738

JouRNAL oF THE SENATE,

The committee moves to amend Subsection (a), Section 2, by striking the following language as it appears at the end of said Subsection to-wit:

"And all other activities germane to the Department of Agriculture."

Senator Stark of the 43rd District called for the mam question on this item. The call was sustained.

Senator Harris of the 18th District asked that Rule No. 111 be read by the Secretary, and enforced.

Senator Peterson of the 1Sth District asked unanimous consent that the amendment offered by him be withdrawn. The consent was granted.

The question was on the amendment offered by the committee.

Senator Harris of the 18th District called for the ayes and nays. The call was sustained and the roll was called. The vote was as follows:

Those voting in the affirmative were Senators:

Alexander Beck
Dekle
Duckworth Evans Fowler Hand

Harris Horn Jackson
Jones Lazenby
Moore North

Pruett Richardson Stark Strickland Wallace Whitehurst

Those votmg 111 the negative were Senators:

Adkins Brock

Knabb Langford

Perkins Peterson

Clements Courson Davis

McKenzie McWhorter Martin

Pratt Reagan Tippins

Denton

Neisler

Watson

Ennis

Nelson

Weekes

Johnson

Nix

West

The roll call was verified.

The ayes were 20, the nays 24, and the committee amendment to Part 1, Division A, Section 2, Subsection (a), was lost.

WEDNESDAY, AucusT 5, 1931.

739

The question was on the amendment offered by Senator McWhorter of the 50th District, to Part 1, Division A, Section 2, Subsection (a), and the amendment was lost.

Senator Dekle of the 6th District moved that the Senate reconsider its action in voting adversely on the committee amendment to Subsection (a), Section 2, Part 1, Division A.

Senator Harris of the 18th District called for the ayes and nays, and the roll was called and the vote was as follows:

Those voting 1n the affirmative were Senators:

Alexander Beck Dekle Duckworth Evans Fowler Hand

Harris Jackson Jones Lazenby Moore North Pruett

Richardson Stark Strickland Wallace Whitehurst

Those votlng 1n the negative were Senators:

Adkins Bennett Brock Clements Courson Davis Denton Ennis Horn

Johnson Knabb Langford McKenzie McWhorter Martin Neisler Nelson Nix

Perkins Peterson Pratt Reagan Tippins Watson Weekes West

The roll call was verified.

The ayes were 19, the nays 26, and Senator Dekle's motion was lost.

The question was on the amendment offered by Senator Reagan of the 35th District, to Part 1, Division A, Section 2, Subsection (a).

The amendment was adopted.

740

JouRNAL OF THE SENATE,

The question was on the amendment pffered by Senator Fowler of the 39th District, to Part 1, Division A, Section 2, Subsection (a).
The amendment was adopted.
The question was on the second of the two committee amendments to Subsection (a), Section 2, Part 1, Division A, offering to amend the language at the end of Subsection (a).
The amendment was adopted.
By unanimous consent, Section ;), of Part 1, Division A was adopted.
By unanimous consent, Section 4, of Part 1, Division A was adopted.
By unanimous consent, Section 5, of Part 1, Division A was adopted.
The question was on the adoption of Section 6, Part 1, Division A.
The committee moved to amend as follows:
By striking the section in its entirety and inserting in lieu thereof a section to read as follows:

SECTION G. AUDITS, DEPART:\IENT OF
(a) Maintenance
"Provided that the above sum appropriated shall be expended at the discretion of the State :\uditor for carrying out the duties of the Department of Audits together with the former duties of the auditing department of the Department of Education, which duties are hereby transferred to the Department of Audits."
The amendment W< s adopted.

WEDNESDAY, AuousT 5, 1931.

741

The question was on the adoption of Section 7, of Part 1, Division A.
Senator Beck of the 37th District offered the following amendment:
By striking from Section 7, of Division A, Part 1, at the end of said section the following language.
"The sum of Seven Thousand Two Hundred Dollars per annum" and insert in lieu thereof the following: "The sum of Six Thousand Dollars per annum."
The amendment was adopted.
The question was on the adoption of Section 8, Part 1, Division A.
Section 8 was adopted.
The question was on the adoption of Section 9, Part 1, Division A.
Section 9 was adopted.
The question was on the adoption of Section 10, Part 1, Division A.
Section 10 was adopted.
Section 11 was adopted.
Senator Mc\Vhorter moved that the Senate do now adjourn, and the motion prevailed.
The Chair announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

742

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,

THuRSDAY, AuGUST 6, 1931.

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.

The roll was called and the following Sena tors answered to their names:

Adkins Alexander Beck Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris Horn

Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson Pratt

Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

Senator Johnson of the 42nd District stated that he would not move to reconsider Senate Bill No. 116, as the authors of the bill had agreed to protect the rights of widows in the House of Representatives.

THuRSDAY, AuGUST 6, 1931.

743

Senator Pratt of the 41st District moved that House Bill No. 232 be withdrawn from the committee and recommitted to the Committee on Special Judiciary, and the motion prevailed.

The following bills of the Senate were read the first time and referred to committees:

By Senator Courson of the lGth District-
Senate Bill No. H7. A bill to provide for the use of wooden and wire baskets in fishing.
Referred to Committee on Game and Fish.

By Senator North of the :3Gth DistrictSenate Bill No. 11~. A bill to prohibit unfair competi-
tiOn.
Referred to Committee on General Judiciary 1\o. 2.

By Senator ~eill of the 2,hh DistrictSenate Bill 1\o. H\l. A bill to change the time of meet-
ing of Board of Commissioners of Roads and Revenues for 1\Iuscogee County.
H.eferred to Committee on Counties and County Matters.
By Senator ~eill of the 2!th District-
Senate Bill No. 130. A bill to abolish the Muscogee Asylum for the Poor.
Referred to Committee on Counties and County Matters.

The following bill of the Senate was favorably reported by the committee and read the second time:

744

JouRNAL OF THE SENATE,

By Senators Stark of the 43rd District and Harris of the 18th District-
Senate Bill No. 138. A bill to provide for issuance of certificates of registration of voters.

Senator \Veekes of the 3-lth District, Chairman of the Committee on Enrollment, submitted the following report:
"~1r. President:
Your Committee on Enrollment has had under consideration the following Acts of the Senate and has instructed me, as chairman, to report the same back to the Senate as being read: for transmission to the office of the Governor:
~o. 7li, No.::;, !\To. 71, ~o. 7:l, ~o. 2D.
Respectfully :mbmitted,
\\'n:KES, Chairman.

Senator Johnson of the 42nd District, Chairman of the Committee on i\ilunicipal Government, submitted the following report:
lvfr. President:
Your Committee on i\lunicipal GO\'ernment 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. Hl. House Bill ~o ..t:-J3.
Respcctfullv submitted,
JOHNSON, Chairman.

THURSDAY, AuGUST 6, 1931.

745

Senator Evans of the 19th District, Chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. President:
Your Committee on Pri Fileges and Elections 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. 138. To provide for the issuance of certificates of registration of qualified voters, etc.
Respectfully submitted,
EvANS, Chairman.

Senator Jackson of the 14th 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 Bill No. 467. An Act to abolish the office of Tax Receiver and Collector of Lanier County, etc., do pass.
House Bill No. 411. An Act to provide for certain records to be kept, etc., in certain counties, do not pass.
Respectfully submitted,
JAcKSON, Chairman.

Senator Duckworth of the 7th District, Chairman of
the Committee on General Judiciary No. 1, submitted the following report:

746

JOURNAL OF THE SENATE,

Mr. President:

Your Committee on General Judiciary No. 1 has had under consideration 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:
Senate Bill No. 102 do pass. Senate Bill No. 1:3G do pass.
Senate Bill No. 128 do pass.
Senate Resolution No. 48 do pass. House Bill No. 40 do pass.
House Bill No. 1G do pass. House Bill No. 9 do pass. House Bill No. 7 do not pass.
Respectfully submitted,
DucKWORTH, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:
By Mr. Stone of EarlyHouse Bill No. 490. A bill to be entitled an Act to repeal
an Act of the General Assembly, to establish the City Court of Blakely, in and for the County of Early, and for other purposes.

THURSDAY, AucusT 6, 1931.

747

By Messrs. Crawford, Lanham, and Davis of Floyd-
House Bill No. 500. A bill to be entitled an Act to fix the compensation of and for the Board of Commissioners of Floyd County, Georgia, and for other purposes.

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 506. A bill to be entitled an Act to amend the Act creating a charter for the City of Augusta, and for other purposes.

By Mr. Brown of Greene-
House Bill No. 502. A bill to be entitled an Act to amend the charter of the City of Union Point, and for other purposes.

By Mr. Greer of Macon-
House Bill No. 496. A bill to be entitled an Act to amend an Act approved August 22, 1907, incorporating the Town of Ideal in the County of Macon, and for other purposes.

By Mr. Edwards of Stephens-
House Bill No. 481. A bill to be entitled an Act to amend the charter of the City of Toccoa, and for other purposes.

By Mr. Osteen of Bryan-
House Bill No. 480. A bill to be entitled an Act to regulate fishing in the waters of Bryan County, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bill of the Senate as amended, to-wit:

748

JouRNAL OF THE SENATE,

By Senators Bennett of the 5th District and Davis of the 31st District-
Senate Bill No. 92. A bill to be entitled an Act to reapportion the several Congres'sional Districts of this State, and for other purposes.

The following bills of the House, favorably reported by the committees,were read the second time:

By Mr. Patten of Lanier-
Hause Bill No. 467. A bill to abolish the offices of Tax Receiver and Tax Collector of Lanier County; to create the office of Tax Commissioner.

By Mr. Bush of MillerHouse Bill No. 40:1. A bill to amend the Act incorporat-
ing the City of Colquitt.
By Mr. Burton of FranklinHouse Bill No. 172. A bill to make the Farmers Bank of
Royston a State Depository.
By Mr. Gullatt of CampbellHouse Bill No. 3:l6. A bill to amend an Act to create
a new charter for the Town of Palmetto.
By Mr. Osteen of BryanHouse Bill No. 380. A bill to amend an Act incorporat-
ing the City of Pembroke.
By Mr. Almand of WaltonHouse Bill No. 362. A bill to amend an Act providing
for a new charter for the City of Monroe.

THuRSDAY, AuGusT 6, 1931.

749

By Mr. Childs of Taylor-
House Bill No. 408. A bill to amend an Act establishing a new charter for the Town of Reynolds.

By Mr. Scarbrough of Polk-
House Bill No. 463. A bill to amend the Acts incorporating the Town of Cedartown.

By Mr. Pace of Cobb-
House Bill No. 451. A bill to amend an Act incorporating the Town of Smyrna.

The following bills of the Senate were read the third time and put upon their passage:
By Senator Dekle of the 6th District-
Senate Bill No. 130. A bill to amend the charter of the City ofValdosta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Senator Davis of the 31st DistrictSenate Bill No. 127. A bill to amend the charter of the
City ofToccoa.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, the nays 0.
The bill having received the requisite constitutional majority was passed.

750

JouRNAL oF THE SENATE,

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

By Mr. Harris of Terrell-
House Bill No. 293. A bill to consolidate the offices of Tax Receiver and Tax Collector of Terrell County; to create 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 40, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Walker of Brooks-
House Bill No. 340. A bill to amend the City Court of Quitman.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Carlisle of GradyHouse Bill No. 358. A bill to change the time of hold-
ing the Grady County 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

THuRSDAY, AucusT 6, 1931.

751

By Mr. Malhrd of Charlton-
House Bill No. 377. A bill to create a new charter for the City of Folkston.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Davis and Mooty of Troup~
House Bill No. 394. A bill to enable the City of LaGrange to issue bonds for Water \Vorks.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were '10, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Thomas of Wayne~
House Bill No. 401. A bill to amend an Act establishing the 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 blll, the ayes were 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Mardre and Cochran of Thomas-
House Bill No. 427. A bill to amend an Act to mcorporate the Town of Thomasville.

752

JouRNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Rosser and Hutcheson of WalkerHouse Bill No. 454. A bill to amend the charter of the
City of Rossville.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Sutton of ColquittHouse Bill No. 457. A bill to create the City Court 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 45, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Sutton and Mattox of ColquittHouse Bill No. 458. A bill to amend an Act fixing the
time of holding Colquitt 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 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, AuGusT 6, 1931.

753

By Mr. Scarbrough of Pope-
House Bill No. 462. A bill to amend the charter of 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 45, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Patten of Lanier-
Hause Bill No. 465. A bill to repeal an Act prescribing the 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 38, nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. McGehee of Talbot-
House Bill No. 474. A bill to repeal an Act incorporating the Town of Box 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 ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Franklin of Butts-
House Bill No. 483. A bill to provide for the use of wire fish baskets in Butts County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0. The bill having received the requisite constitutional majority was passed.

754

JouRNAL OF THE SENATE,

By Mr. Spivey of Emanuel-
House Bill No. 486. A bill to abolish the office of Treasurer of Emanuel 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Edmondson of ChattoogaHouse Bill No. 456. A bill to amend the charter of the
Town ofTrion.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate was read the first time and referred to the Committee on Agriculture:

By Mr. Neisler of the 23rd District-
Senate Bill No. 131. A bill to amend Section 1793 of the annotated Code of 1926 by substituting "20 cents" for "30 cents" in line 9 of said section.

The following bills of the House were read the first time and referred to committees:

By Messrs. Beaman, Leathers, and Lindsay of DeKalbHouse Bill No. 469. A bill to amend an Act creating the
DeKalb branch of the Municipal Court of Atlanta.
Referred to Committee on Special Judiciary.

THuRSDAY, AuGUST 6, 1931.

755

By Messrs. Cartledge and others of Richmond-
House Bill No. 506. A bill to amend the charter of the City of Augusta.
Referred to Committee on Municipal Government.

By Mr. Brown of Greene-
House Bill No. 502. A bill to amend the charter of the City of Union Point.
Referred to Committee on Corporations.

By Mr. Osteen of Bryan-
. House Bill No. 480. A bill to regulate fishing in the waters of Bryan County.
Referred to Committee on Counties and County Matters.

By Mr. Greer of Macon-
House Bill No. 496. A bill to amend an Act incorporating the Town of Ideal.
Referred to Committee on Municipal Government.

By Mr. Edwards of Stephens-
House Bill No. 481. A bill to amend the charter of the City of Toccoa.
Referred to Committee on Municipal Government.

The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator McKenzie of the 48th District-
Senate Bill No. 136. A bill to amend an Act to regulate the occupation of barber.

756

JouRNAL oF THE SENATE,

By Senator Reagan of the 35th District-
Senate Bill No. 128. A bill to amend an Act to regulate the issuance of marriage licenses.

By Senator Duckworth of the 7th District-
Senate Bill No. 102. A bill to provide for the time of filing Bills of Exceptions in the Superior Courts.

The following resolution of the Senate, favorably reported by the committee, was read the second time:
By Senator McWhorter of the 50th District-
Senate Resolution No. 48. A resolution to relieve J. F.
Wilkinson as surety.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Stanton of Ware-
House Bill ~o. 9. A bill to amend an Act relative to professional nursing.

By Mr. Grayson of Chatham-
House Bill No. 16. A bill to amend Section 10Sl of Volume 2 of the Code of 1D10.

By Messrs. Leathers and Beaman of DeKalb-
House Bill No. 40. A bill to amend an Act to provide for assurance and registration of land titles.

The following bill of the Senate was-read the third time and put upon its passage:

THURSDAY, AucusT 6, 1931.

757

By Senators Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 137. A bill to amend an Act establishing a 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Hubbard of Habersham-
House Bill No. 453. A bill to amend an Act incorporating the City of Cornelia.
By Mr. Beasley of Tattnall-
House Bill No. 441. A bill to amend an :\ct to create a new charter for the City of Glennville.
Senator vVatson of the 3rd District asked unanimous consent that the Senate agree to the following House amendment to Senate Bill No. 10:
By adding after the last word after the last line of the last paragraph, to-wit: That at no time slnl1 the Department of Game and Fish have in its employment over thirty special deputies or deputies besides the regular appointed Game Wardens.
The consent was granted, and the House amendment was agreed to.
The committee investigating the Agricultural Department of the State submitted the following written report

758

JouR:-.J"AL OF THE SENATE,

through Its Chairman, Senator Duckworth of the 7th District:

The Secretary read the report of the committee as follows, to-wit:

Mr. President:

Your committee, appointed under and by the virtue of the authority contained in Senate Resolution No. 46, with instructions to investigate the Department of Agriculture, beg leave to submit this their report, to-wit:
Your committee held one public hearing and summoned Mr. Eugene Talmadge, who appeared and was sworn as a witness, and gave the following testimony: That during the month of February, 1930 the Bureau of Markets, by his direction, placed bids on eighty-two carloads of hogs for purchasers who resided outside this State, and drew drafts against the purchasers in payment of the purchase price of the hogs to the sellers; that later the said purchasers filed claim with this Department for alleged shortages in weights and grades, which claims amounted to something over SlO,OOO.OO. That the Governor of this State contended that his Department had no authority of law for paying said claims and consequently refused to sign warrants for their payment, to be paid out of the State Treasury, whereupon he, the Commissioner of Agriculture, transferred approximately $14,000.00 derived from the sale of fertilizer tags to the Bureau of Markets account, and checked from this account more than $10,000.00 to pay said claims.
He testified further that during the year of 1930 he maintained an average balance of $9,850.00 of fertilizer funds in a bank at Ailey, Georgia, for a period of 329 days. That the funds were not secured further than the safety of the Bank to secure them; that the Bank was capitalized at $25,000.00.

THURSDAY, AuGusT 6, 1931.

759

He testified further that during the year 1930 he made a number of trips to Washington, D. C., some of which were for the purpose of seeking higher tariffs on certain farm products. On these trips his expenses were charged to the State of Georgia. On other trips to Washington, D. C. he testified that his purpose was for organizing a Southern Tariff Association, and his expenses were charged to the State of Georgia, and on one of which he received S500.00 from a source unnamed which he claimed to have used in the organization of the Southern Tariff Association.
He testified that his step-son, John A. Peterson, aged 25 and married, is an employee of said Department, and that several months ago he, the Commissioner of Agriculture, proposed to raise the salary of Mr. Peterson S50.00 per month, provided Mr. Peterson would turn over the $50.00 per month raise to Mrs. Eugene Talmadge, and upon 1\:Ir. Peterson's agreement so to do the salary was promptly raised and $:>0.00 a month of same has been paid regularly to Mrs. Talmadge by Mr. Peterson since that time; that he required this of Peterson for the purpose of making him save the money.
He testified further that for the last two years he had made trips to Louisville, Kentucky at the time of the Kentucky Derby, at the State's expense, and said that he went for the purpose of meeting other Commissioners of Agriculture.

He testified further that for the past three years he and two members of his family had drawn in salaries and expenses from the State, the sum of $10,748.1:1.
He test;fied that his Department had during the past pursued a policy of posting freight bonds for shippers of watermelons, and that this was done for only a few of the watermelon growers of the State, and that the Department had sustained numerous losses thereon.

760

JouRKAL oF THE SENATE,

Prior to this hearing your committee requested Mr. Talmadge to furnish it with an itemized statement of his expense account, and an explanation of an unitemized item of S9:)2.79 shown in the Auditor's Report of 1929. At said hearing Mr. Talmadge failed to produce the requested itemized statement of his expense account and was unprepared to explain the unitemized item referred to. \\Thereupon the committee adjourned its hearing, requesting Mr. Talmadge to appear before it again on August 4th, and to furnish this information to the committee, to which he promptly agreed.

In the meantime, your committee, by inspecting the expense account of Mr. Talmadge during the year 1929, discovered a number of items that appeared to be questionable, and requested him to produce at the hearing on August 4, 1931, the original expense vouchers of his personal expenses for the year 1929. At the time set for the hearing, namely, August 4, 1931, Mr. Talmadge failed to appear
or to produce the requested documents, but Attorney vV.
S. Mann appeared in the capacity as attorney for Eugene Talmadge and made the contention that your committee was without authority of law to make said investigation, and that this Senate had no authority except by joint action of the House to make such investigation and that Mr. Talmadge refused to appear and give testimony or produce documents, as requested by the committee. Thereupon the committee issued a summons to Eugene Talmadge requesting his appearance as a witness before the committee at 3:00 o'clock in the afternoon, August 4, 1931. This summons was served on him by the Assistant Sargeant-at-Arms of the Senate, but he failed to respond thereto and appear as a witness. Thereupon the meeting of the committee was adjourned and your committee has, with the efficient aid of the Auditing Department of -the State, made an examination of some of the records of the Department of Agriculture. This examination dis-
closed one item in his 1929 expense account of $103.20 as

THURSDAY, AucusT 6, 1931.

761

expenses to Augusta, Georgia and return. By an examination of the original vouchers of expense account of Eugene Talmadge for the year 19:30 your committee found the following duplication of railroad fare and automobile expenses, to-wit: January 23, 1930, railroad fare to Brunswick, $23.80, hotel and meals !i)14.10. On the same date a charge for gas bought at Macon for Hupmobile No. 416 of S2.90 and at McRae, gas $1.9() for same automobile,
was found by your committee in this examination of his
expense account. February 8, 1930, railroad fare to Scotland, S12.10, Pullman, $7.50, meals, S1.10. On same date
gas at Macon for Hupmobile, Sl.G8. On March El, 19~30,
railroad fare to Scotland, $12.10, Pullman, S7.50, and gas at Macon for Hupmobile, !i:i 1.,16. April :J, 1930, railroad fare and expenses to \Vashington, D. C., S103.7l, and on April Gth, gasoline at l\IcRae for Hupmobile, S2.G\l, April t:hh, railroad fare to :\lacon, :\IcRae and return, S\l.20, and same d~lte gas, S 1.81-\, apparently purchased in Atlanta. April 23th, railroad Lre to Savannah, S27.GO, hotel in Sav~mnah, :31 ;).KO. S:une date gas at ;\IcRac for Hupmobile, S2.{)(). Same date gas at Macon, Hupmobilc, S2JU. September 8th and ~lth, Ca;-rollton, Sll.OO, and on same date (September K) gas bought at :VIcRae, S2.:3;). October 2:Jth, railroad fare to Augusta, :)2/.20, same date gasoline Macon, Hupmobile, S2.77, and on October 2(ith, gas i\IcRae, Hupmobile, Sl.O L

For comparison, your committee found that the State Auditor and seven men, who arc required to travel all oYer the State, had a total expense account for 1\1:30 of S2,\112.:v1, whereas Mr. Talmadge's individual expense account for the same time was ~2,991.63. Further comparing, your committee found that the personal expense account of
former Commissioner J. J. Brown for the year Hl26 was
Sti13A8, and the expense account of l\'lr. Talmadge for the year 1928 was $3,370.06, Hl29, 83,867.62, the latter
averaging expenses for each working day of the entire year of Sl2.3:1.

762

JouRNAL OF THE SENATE,

Your committee found, in the Auditor's report of the

Department of Agriculture, an itern of S1,500.00 paid to
Hugh Howell. When :vir. Talmaclge was asked to explain

same he testified that it was the salary paid Mr. Howell

as Attorney for the Department for the year 1\1:30. Your

committee found other items in the same audit of attornevs'

fees to other attorneys, for said Department.

.

From the foregoing facts, your committee is of the opinion that :'vir Eugene Talmadge, Commissioner of Agriculture violated the laws of this State in the following instances, to-wit:

1. Bv failure to deposit with the State Treasury the $11,000 derived from the sale of fertilizer tags, which was credited to the account of the Bureau of l\larkets, and checked out without ever having gone into the State Treasury.

:2. When he paid approximately SlO,OOO.OO to purchasers of hogs on their claims of shortages in weight and grades.

:~. When he defied the Chief Executive of this State and paid said claims without the signed warrants of the Governor therefor.

I. \Vhen he guaranteed the freight of various watermelon shipments and paid the State's money to cover the losses therefrom.

" \Vhen he charged in his personal expense account for railroad fare and at same time and in a different place was charging for gasoline for an automobile.

G. \Vhen he kept a constderable sum of the State's money on deposit in a small bank at Ailey, Georgia,for approximately one year, without ever turning it over to the State Treasury.

Your committee is of the further opinion, based upon our findings, that the Department has been guilty of showing favoritism and special benefits to a small number of

THuRSDAY, AucusT 6, 1931.

763

our citizens and denying same to the other citizens of the State. That the Department has been conducted in a wasteful and extravagant manner. That the Commissioner has had an unr~asonable personal expense account.
\Ve believe that ' considerable saving of the States money can be had in this Department without the slightest impairment of the efficiency if it will adopt economical and business methods.
Respectfuly submitted,
DucKWORTH of the 7th District,
WATSON of the 3rd District,
NEISLER of the 23rd District.

The report of the committee was adopted.
Senator Harris of the 18th District asked unanimous consent that a copy of the report be transmitted to the House of Representatives for their information.
The consent was granted.

The following bill of the Senate, which was a special order for this session, was taken up for passage:

By Senators Neill of the 24th District, Harris of the 18th District, Duckworth of the 7th District, and Hand of the 8th District-
Senate Bill No. 133. A bill to reduce salaries of all employees of the State 15 per cent.
Senator Moore of the ,17th District asked unanimous consent that House Bill No. 157, a bill to create the City Court of Colquitt County, be immediately transmitted to the House, and the consent was granted.

764

JOURNAL OF THE SENATE,

Senators Neill of the 2!1th District, Harris of the 18th District, Duckworth of the 7th District, 'lnd Hand of the 8th District, offered the following substitute:

A BILL
To be entitled an Act to reduce the salaries of all officials and employees of the State whose salaries now exceed one hundred and fifty dollars per month as follows:
Ten per cent. of all salaries exceeding four hundred and fift~ dolhrs per month; seven and one-half per cent. of all salaries more than three hundred and not exceeding four hundred and fifty per month; five per cent. of all salaries more than one hundred and fifty dollars and not exceeding three hundred dollars per month except those whose salaries arc tixed in the Constitution or salaries of those whose terms of office are fixed hy Law, and for other purposes.
Section 1. Be it enacted by the Gener~ll Assembly of the State of Georgia, and it is hereby enacted by the authoritv of sccme, that from and after the passage of this Ac:, the Salaries of all officials and employees of the St:He, and of the officials and employees of ;dl departments, boards, bureaus, commission, and institution of the State whose salaries now exceed one hundred and fiftv dollars (S 130.00) per month are hereby reduced as follows:.
Ten per cent. of all salaries exceeding four hundred and fift: dollars, (SEiO.OO) per month; seven and one-half per cent. of all sahries more than three hundred, ;mel not exceeding four hundred and fifty dollars per month; five per cent. of all salaries more than one hundred and fifty dollars, and not exceeding three hundred dollars per month, except those whose salaries are fixed by the constitution, or salaries of those whose term of office are fixed by law.
Sec. 2. Be it further enacted bv the authority aforesaid that all laws and parts of la~s in conflict with this be and the .same are hereby repealed.

THuRSDAY, AucusT 6, 1931.

765

Senator Bennett of the 5th District offered the following amendment to the substitute:
By adding after the last section before the repealing clause the following: Provided this Act shall not become effective until January 1, 1932 and shall be only for the years.1932 and 1933.
Senato;s Williams of the 27th District and Evans of the 19th District moved to amend the original bill by changing the words and figures "SHXl.OO" and inserting in lieu thereof the words and figures ''S 1:>0.00."
Senator Bennett of the ;>th District otfered to amend the original bill by adding after the last section before the repealing clause, the following: Provided that this Act shall not become effective until January 1st, 10:32 and shall be only for the years 1\l32 and 1\l:B.
Senator Harris of the 18th District asked unanimous consent that the amendment to the original bill offered by Senators Williams and Evans, be adopted, and the consent was granted, and the amendment was c>_dopted.
Senator Evans of the l!lth District moved the previous question on the hill and amendments and the substitute and amendments, rtnd the motion was sustained.
The main question was ordered.
Senator Harris of the 1Kth District asked un:mimous consent that Sen:.tor Bennett's :lmendment to the original bill be adopted, and the consent was granted.
Senator Harris of the 18th District asked unanimous consent to adopt Senator Bennett's amendment to the substitute, and the consent was granted.
The question was on the adoption of the substitute as amended.
The substitute as amended was lost.

766

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 as amended, the ayes and nays were called, and the c;:~ 11 was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adkins Alexander Beck Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Evans Fowler

Hand Harris Horn Johnson Jones Knabb Langford Lazenby McKenzie Martin Neisler Nix North

Perkins Peterson Pratt Pruett Reagan Smith Stark Strickland Tippins Wallace Waters Watson Williams

Those voting in the negative were Senators:

Bennett Ennis Jackson

McWhorter Moore Nelson

Richardson Weekes West

The ayes were 39, the nays 9.

The bill as amended having received the requisite constitutional majority was passed.

The following resolution was read and adopted:

By Senators Neill of the 21th District and Harris of the 18th District-
Senate Resolution No. ::>:~. Be it resolved by the Senate that throughout the remainder of the present session the provision of Rule 11:3 providing for a fixed hour of adjournment at 1:00 o'clock P. M. is hereby abrogated.

THuRSDAY, AucusT 6, 1931.

767

The following bill of the House, continued from yesterday's session, was taken up for passage:

By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to make appropnatJOns for the last half of the fiscal year 1931 and for the fiscal years 19:32 and 1933 for the maintenance and outlay of the State Departments, Boards, Bureaus, Commissions, Public Institutions; for the payment of the Public debt and interest thereon.
The question was on Section 12, Subsection (a) of Part 1, Division :\.
The committee moved to amend by adding at the end of said section the following:
"That the above appropriations shall be the total appropriations from all sources or allocations.
The amendment was adopted.
The section as amended was adopted.
Sections 13 and 1c1 of Part 1, Division A, were severally adopted.
The question was on Section 13, Subsection (a) of Part 1, Division :\.
The committee moved to amend by striking the appropriation of $170,000.00 for each of the years 1932 and 19:3:3 and inserting in lieu thereof the sum of 150,000.00 for each of the years 1\l32 and 19:13.
The amendment was adopted.
Senator Dekle of the 6th District asked unanimous consent that the items of Section 15, concerning the common schools, viz., Subsections (b) and (c), be taken up for consideration after completing consideration of all other items of the bill, and the consent was granted.

768

JouRNAL oF THE SE:-.l"ATE,

Senator Dekle of the 6th District asked unanimous consent that consideration of the items of House Bill No. H7 concerning Highways be postponed until after consideration of the items of the bill concerning the common schools, and the consent was gran ted.
Senator Harris of the lKth District moved that the Senate reconsider its action just taken on the items of the bill concerning Highways.
The motion was lost.
Senator Harris of the lKth District asked unanimous consent that consideration of items of the bill concerning the University of Georgia be deferred until all other items of the bill had been considered.
There was objection.
Senator Harris of the lKth District 111oved that consideration of items of the bill concerning the University of Georgia be deferred until all other items of the bill had been considered.
The motion prevailed.
The committee moved to amend Section 1;), Subsection (a) of Part 1, Division A., by adding at the end of the Subsection the following:
"Provided that out of the appropriations made to the Department of Education in this section there shall not be expended any moneys for the auditing of any of the books and records pertaining to the common schools of the State as has formerly been done by the auditing department of the Department of Education, in as much as the duties formerly imposed on this branch of the Department of Fducation arc hereby transferred to the Department of Education."
The amendment was adopted.
Section 13, Subsection (a) as amended was adopted.

THuRSDAY, AuGUST 6, 1931.

769

The committee moved to amend Section 16, Subsection (a), Part 1, Division A, by striking the amounts of $125,000.00 for the year 1932 and $125,000.00 for the year 1933 and inserting in lieu thereof the amounts of $127,500.00 for the year 1932 and $127,500.00 for the year 1933.
The amendment was adopted.
Section 16 as amended was adopted.
Section 17 was adopted.
The committee moved to amend Section 18, Subsection (a), Part 1, Division A, 'by striking the appropriation for each of the years 1932 and 19:)3 and inserting in lieu thereof the sum of $30,000.00 for each of the years 1932 and 1933 " The amendment was adopted.
The committee further moved to amend same by striking the first proviso at the end of said subsection and substituting therefor the following to-wit:
'Provided that of said appropriation the sum of $5,000.00 for each of the years 1~32 and 1933 shall be used for the maintenance and upkeep of the State's property at Indian Springs.''
The amendment was adopted.
Section 18 as amended was adopted.
Senators Williams of the 27th District, Strickland of the 1st District and Adkins of the 9th District moved to amend Section 19, Subsection (a), Part 1, Division A, by adding the following:
"Provided that all monies collected by this Department shall be put in the State Treasury and paid out on vouchers approved by the Governor and Board of Game and Fish."
The amendment was adopted.
Section 19 as amended was adopted.

770

JouRNAL OF THE SENATE,

Section 20 was adopted.

Section 21 was adopted.

Senator West of the 11th District moved to amend Section 23 of Part 1, Division A, by striking said section in its entirety and substituting in lieu thereof the following:

Section 23. Horticulture and Entomology State Board of

For the year 1932

(a) For the salary of the State Entomologist ........ $

3,000.00

(b) For the maintenance of Horticulture and Entomology. . . . . . . . . . . . . . . . . $

68,000.00

For the year 1933 3,000.00
$ 68,000.00

Provided that the amount of Certificate Tag Fee collections shall be paid into the General Fund of the State Treasurer.

The amendment was adopted.

Section 23 as amended was adopted.

Section 2,1 was adopted.

Senator Williams of the 27th District moved to amend Section 25, Part 1, Division A, by adding the following:

'Provided further that the State Librarian shall not receive a total salary of more than $300.00 per month, including fee for Notary Public Commissioner."

The amendment was adopted.
The committee moved to amend Section 25, Subsection (b), Part 1, Division A, by adding the following at the end of said Section 25 (b):

THURSDAY, AuGUST 6, 1931.

771

"Provided no decision of any court shall be printed and published in said reports while the case is pending in courts of review."
The amendment was adopted.
Section 25 as amended was adopted. Section 26 was adopted.
The committee moved to amend Section 27, Subsection (a), Part 1, Division A, by striking the appropriation for Maintenance of the Military Department for each of the years 1932 and 1933 and inserting in lieu thereof an appropriation of $17,000.00 for said purpose for each of the years 1932 and 1933.
The amendment was adopted.
Section 27 as amended was adopted.
Section 28 was adopted.
Section 29 was adopted. Section 30 was adopted.
Section 31 was adopted.
Section 32 was adopted.
Section 33 was adopted.
Section 34 was adopted.
Section 35 "was adopted.
Section 36 was adopted.
Section 37 was adopted.
The committee moved to amend Section 38, Subsection (a), Part 1, Division A, by striking the first proviso and inserting in lieu thereof the following:
"Provided that from the above amount appropriated the sum of $5,000.00 per annum or so much thereof as

772

JouRNAL oF THE SENATE,

may be necessary, in the discretion of the Governor, may be used for maintaining the Confederate Cemeteries in this State."
The amendment was adopted.
Section 38 as amended was adopted.
Section 39 was adopted.
Section 40 was adopted. Section ,11 was adopted.
Senator Fowler of the 39th District moved to amend Section "12 as follows:
Provided a salary of S5,00C.OO for the Commissioner of Revenue be paid from this amount.
The amendment was adopted. Section ,12 as :1-mended was adopted.

The following bills of the House were read the first ttme and referred to committees:

By Mr. Stone of EarlyHouse Bill No. 190. A bill to repeal an Act to establish
the City Court of Blakely. Referred to Committee on Special Judiciary.

By Messrs. Crawford, Lanham, and Davis of FloydHouse Bill No. 500. A bill to fix the compensation of
the Board of Commissioners of Floyd County. Referred to Committee on Counties and County Matters.
Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion prevailed.
The following privileged resolutions were read and adopted:

THURSDAY, AucusT 6, 1931.

773

By Senator McKenzie of the 48th district--
A resolution extending the privileges of the floor to the Han. W. H. Dorris of Cordele.

By Senator Jackson of the 14th District-
:\ resolution extending the privileges of the floor to the Han. J. P. Peacock.

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to the Han. Paul Brown of Elberton.
The Chair announced that the Senate stood adjourned until 3:00 o'clock this afternoon.

SENATE CHAMBER,

AFTERNOON SESSION.

The Senate was called to order at 3:00 o'clock this afternoon by the President.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle
Denton
Duckworth Ennis Evans

Fowler Hand Harris Horn Jackson Johnson Jones Knabb Langford Lazenby
McKenzie
McWhorter Martin Moore

Neisler Nelson Nix North Perkins Peterson Pratt Pruett Puett Reagan
Richardson
Smith Stark Strickland

774

JouRNAL OF THE SENATE,

Tippins Wallace Waters

Watson Weekes West

Whitehurst Williams MT. President

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Irvin of Meriwether-
Hause Bill No. 130. A bill to provtde for compensation of registrars.

By Mr. Peebles of Bartow-
House Bill No. 316. A bill to repeal an Act to abolish the fee system in the Cherokee Judicial Circuit.

Senator Strickland of the 1st District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Counties and County Matters, and recommitted to the Committee on Game and Fish:

By Mr. Osteen of Bryan-
House Bill No. 480. A bill to regulate fishing tn the waters of Bryan County.
The consent was granted.

Senator Knabb of the 4th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Highways and Public Roads, and recommitted to the Committee on Counties and County Matters:
By Senator Knabb of the 4th DtstrictSenate Bill ~o. 144. A hill to repeal an Act enumerat-
ing persons subject to road duty.
TLe consent was granted.

THURSDAY, AUGUST 6, 1931.

775

House Bill No. 147, the General Appropriation bill, continued from the previous session of the Senate today, was taken up for passage.
Senator Johnson of the 42nd District asked unanimous
consent that Senate Bill No. 133, A bill to reduce salaries
of State employees fifteen per cent., be immediately transmitted to the House, and the consent was granted.
Section 43, of Part 1, Division A of House Bill No. 147, was adopted.
Senator Dekle of the 6th District asked unanimous consent that consideration of Section 44, Part 1, Division A, be postponed until just before consideration of the iterns of this bill concerning Highways.
The consent was granted.
Section 43 was adopted.
The committee moved to amend Section 46, Subsection (a), by striking the amount of $85,000 for the year 1932 and S85,000 for the year 1933 and inserting in lien thereof the amount of $70,000 for the year 1932 and $70,000 for the year 1933.
The amendment was adopted.
Senator Williams of the 27th District moved to amend Section "16 by adding the following:
''Provided that out of the above amount a salary of 35,000.00 be paid to the Tax Commissioner."
The amendment was adopted.
Section 46 as amended was adopted.
The committee moved to amend Section 47, Subsection (a), by striking the amount of 329,800.00 for the year 1932 and $29,800.00 for the year 1933 and inserting in lieu thereof the amount of $25,000.00 for the year 1932 and $25,000.00 for the year 1933.

776

JouRNAL OF THE SENATE,

The amendment was adopted.
The committee moved to amend Section 47, Subsection (b-2), by adding a proviso to read as follows:
'Provided that from the above amount appropriated the sum of $1~3,000.00 for the year 1932 and the sum of $13:J,000.00 for the year 193:3 or so much thereof as may be necessary be expended for the payment of interest on Temporary Loans."
The amendment was adopted.
Section 47 as amended was adopted.
Section 48 was adopted.
Section 1\) was adopted.
The committee moved to 1.mend Section 50, Subsection (a), Division B, by striking the amount of $1,200,000.00 for the year HJ:-\2 and $1,200,000.00 for the year 1933 and nserting in lieu thereof, the amount of S1 300,000.00 for the year 1932 and S1,300,000.00 for the year 1933.
The amendment was adopted.
Section .JO as amended was adopted.
Section :ll was adopted.
The committee moved to amend Section 52, by adding at the end of said section the following: "Provided further that out of the above amounts appropriated there may be purchased lands and buildings, the cost of which is not to exceed the sum of $3,000.00.''
Senator Davis of the :31st District moved to amend Section 32 by adding a new subsection thereto to be known as subsection (b) as follows, to-wit: (b) Field Control Service, S2:i,OOO.OO for the year 1\)32 and $25,000.00 for the year 1\l33.
Senator Jackson of the 14th District, President Pro Tern., was called to the Chair.

THURSDAY, AucusT 6, 1931.

777

Senator Davis of the 31st District asked unammous consent that his amendment be adopted.
There was objection.
The question was on the adoption of the amendment offered by Senator Davis of the 31st District.
The amendment of Senator Davis of the 31st District was lost, the ayes were 15, the nays 17.
Senator Davis of the 31st District moved that the Senate reconsider its action on failing to adopt the amendment offered by him.
The ayes and nays were called for, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Bennett Brock Cheatham Clements Davis Duckworth Ennis Evans Hand

Horn Jackson Knabb Langford McKenzie McWhorter Martin Nix Perkins

Peterson Pruett Reagan Richardson Smith Strickland Tippins Weekes

Those voting in the negative were Senators:

Beck Courson Dekle Denton Harris

Johnson Jones Lazenby Moore Neisler

North Stark Watson West Williams

The ayes were 26, the nays 15, and the motion to reconsider the amendment offered by Senator Davis of the 31st District was adopted.

Senator Bennett of the 5th District moved to amend the amendment offered by Senator Davis of the 31st Dis-

778

JouRNAL oF THE SENATE,

trict as follows: To amend the amendment of Senator Davis by making the amount twenty thousand instead of twenty-five thousand dollars.
President Neill resumed the Chair.
Senator Bennett's amendment to the amendment of Senator Davis was adopted.
The question was on the adoption of the amendment of Senator Davis as amended.
The amendment as amended was adopted.
Section 52 as amended was adopted.
Section 53 was adopted.
Section 54 was adopted.
Senator Reagan of the 3cth District r.:o~.ed to :::~~end Section 55 as follows:
Amend by striking the figures Forty-three Thousand Dollars (Sl3,000.00) wherever they appear and substituting the figures Fifty Thousand Dollars ($50,000.00) in lieu thereof, and by adding the following proviso at the end of said paragraph: Provided-Seven Thousand Dollars (S7,000.00) of the above fund shall be administered through the Division of Industrial Rehabilitation of the Department of Education, in cooperation with the Georgia Association of Workers for the Blind, for the educational development and vocational training of the adult blind of Georgia.
The amendment was lost.
Senator Reagan of the 3;-)th District moved that the Senate reconsider its action in failing to adopt the amendment.
The motion was lost.
Senator Ennis of the 20th District was called to the Chair.

THURSDAY, AuausT 6, 1931.

779

Section 56 was adopted.
Section 57 was adopted.
Section 58 was adopted.
Section 59 was adopted.
Senator Cheatham of the 26th District moved to amend House Bill No. 147 by striking from Division C, Section 60(a) the figures of $12,500.00 for each of the years 1932 and 1933 and inserting in lieu thereof the figures $17,500.00 for the year 1932 and $17,500.00 for the year 1933 and by adding at the end of the said section the following:
"Provided that out of the above sum appropriated there shall be operated a branch station for the purpose of conducting experimental and research work in the mountainous section of Georgia."
The amendment was adopted.
Section 61 was adopted.
Section 62 was adopted.
Section 63 was adopted.
Section 64 was adopted.
Senator Moore of the 47th District moved to amend Section 65 by striking the words and figures "$51,000.00 for the year 1932" and inserting in lieu thereof the words and figures "$60,000.00 for the year 1932."
The amendment was lost.
Section 64 was adopted.
Section 66 was adopted.
The committee moved to amend Section 67, Subsection (a), by striking the amounts of $15,000.00 for each of the years 1932 and 1933 and inserting in lieu thereof the amounts
of $25,500.00 for each of the years 1932 and 1933.

780

JouRNAL oF THE SENATE,

The amendment was lost.
Senator Fowler of the 39th District moved that the Senate reconsider its action in failing to pass the Committee Amendment to Section 67.
The motion was lost.
The committee moved to amend Section 68, Subsection (a), by striking the words and figures $15,000.00 wherever they may appear and inserting in lieu thereof the words and figures of $25,500.00.
The amendment was adopted.
Section 68 as amended was adopted.
The committee moved to amend Section 69, Subsection (a), by striking the amounts of $15,000.00 for the years 1932 and 19:33 and inserting in lieu thereof the amounts of $25,500.00 for each of the years 1932 and 1933.
The amendment was adopted.
Section 69 as amended was adopted.
The committee moved to amend Section 70, Subsection (a), by striking the amounts of $1:>,000.00 for each of the years 1932 and 1933 and inserting in lieu thereof the amounts of $25,500.00 for each of the years 1932 ancl 1933.
The amendment was adopted.
Section 70 as amended was adopted.
The committee moved to amend Section 71, Subsection (a), by striking the amounts of $1:>,000.00 for each of the years 1932 and 193:3 and inserting in lieu thereof the amounts of S25,50G.OO for each of the years 1932 and 1933.
The amendment was adopted.
Section 71 was adopted as amended.
The committee moved to amend Section 72, Subsection (a), by striking the amounts of $15,000.00 for each of the

THURSDAY, AucusT 6, 1931.

781

years 1932 and 1933 and inserting in lieu thereof the 3.moun ts of $25,500.00 for each of the years 1932 and 1933.
The amendment was adopted. Section 72 as amended was adopted. Senator Dekle .of the 6th District moved to amend Section 73 by striking the words 1933 and the words and figures S15,000 under the figures 1933. The amendment was adopted. Section 73 as amended was adopted. Section 74 was adopted. Section 75 was adopted. Senator Beck of the 37th District moved to amend Section 76 by striking out the figures $23,000.00 and inserting $27,000.00. The amendment was adopted. Section 76 as amended was adopted. Section 77 was adopted. Section 78 was adopted. Section 79 was adopted. The committee moved to amend Section 80, Subsection (a), by striking the amounts of $85,000.00 for each of the years 1932 and 1933 and inserting in lieu thereof the amounts of $100,000.00 for each of the years 1932 and 1933. The amendment was adopted. Section 80 as amended was adopted.
Section 81 was adopted.
Section 82 was adopted.
Section 83 was adopted.

782

JouRNAL OF THE SENATE,

Section 84 was adopted.
The committee moved to amend Section 85, Subsection (a), by striking the amounts of $8,500.00 for each of the years 1932 and 1933 and inserting in lieu thereof the amounts of $10,000.00 for each of the years 1932 and 1933.
The amendment was adopted.
Section 85 as amended was adopted.
President Neill resumed the Chair.
Senator West of the 11th District asked unanimous consent that the Senate reconsider its action in defeating the Committee Amendment to Section 67 of House Bill No. 147, and the consent was granted.
Senator Harris of the 18th District asked unanimous consent for the adoption of the Committee Amendment to Section 67 of House Bill No. 147.
The motion prevailed, and the amendment was adopted.

Senator Brock of the 44th District, Chairman of the Committee on Western and Atlantic Railroad, submitted the following report:
Mr. President:
Your Committee on Western and Atlantic Railroad 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. 50.
Respectfully submitted,
BRocK, Chairman.

THURSDAY, AuGUST 6, 1931.

783

Senator Strickland of the 1st 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:
Senate Bill No. 147.
Respectfully submitted,
STRICKLAND, Chairman.

Senator Watson of the 3rd 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 has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 316. To abolish the Svstem of Fees for the Solicitor-General of Cherokee Circui.t.
House Bill No. 130. To provide compensation for registrars in certain counties.
Respectfully submitted,
WATSON, Chairman.

Senator McKenzie of the 48th District, Chairman of
the Committee on Public Library, submitted the followmg report:

784

JouRNAL oF THE SENATE,

Mr. President:
Your Committee on Public Library 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. 16-115A, to furnish Law Books for White County.
House Resolution No. 22-145A, to furnish Law Books for Bibb County.
House Resolution No. 26-HllB, to furnish Law Books for Irwin County.
c, House Resolution No. 29-221 to furnish Law Books
for Taylor County.
Respectfully submitted,
McKENZIE, Chairman.

Senator Jackson of the 14th 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:
Senate Bill No. 120. An Act to abolish the office of County Treasurer and to provide for the handling of funds of Dade County, do pass as amended.
House Bill No. 500. An Act to fix the Compensation of the Board of County Commissioner of Floyd County, Ga., do pass as amended.

THuRsDAY, AucusT 6, 1931.

785

House Bill No. 274. An Act to create a Board of County Commissioners for Jackson County, do pass.
House Bill No. 488. An Act to create a Board of County Commissioners for Camden County, do pass.
House Bill No. 334. An Act providing Tax Collectors and Receivers be ex-officio sheriffs, etc., do pass.
House Bill No. 317. An Act to reduce the salary of Solicitor-General, Cherokee Judicial Circuit, do pass.
House Bill No. 225. An Act to abolish the Tax Receiver and Collector of Walker County, do not pass.
House Bill No. 226. An Act to abolish the Board of Roads and Revenues of Walker County, do not pass.
House Bill No. 227. An Act to create the office of Commissioner of Roads and Revenues for Walker County, do not pass.
House Bill No. 406. An Act to amend the charter of the Town of Athens, do not pass.
House Bill No. 326. An Act to abolish the office of the Treasurer of Dade County, do not pass.
Respectfully submitted,
JACKSON, Chairman.

The following bill of the Senate, favorably reported by the committee, was read the second time:

By Senator Brock of the 44th District-
Senate Bill No. 120. A bill to amend an Act to abolish the office of County Treasurer of Dade County.

The following bills of the House, favorably reported by committees, were read the second time:

786

JouRNAL oF THE SENATE,

By Mr. Peebles of Bartow and others-
House Bill No. 317. A bill to reduce the salary of the Solicitor-General of the Cherokee Circuit.

By Messrs. Davis and Lord of Jackson-
House Bill No. 274. A bill to amend an Act to create a Board of County Commissioners for Jackson County.

By Mr. Thomas of Wayne-
House Bill No. 334. A bill to provide that Tax Commissioners in certain counties shall be ex-officio sheriffs.

By Mr. Harrison of Camden-
House Bill No. 488. A bill to amend an Act creating a Board of Road Commissioners of Camden County.
Senator Harris of the 18th District moved that the Senate adjourn, and the motion prevailed.
The Chair announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

FRIDAY, AuGUST 7, 1931.

787

SENATE CHAMBER, ATLANTA, GA.,

FRIDAY, AuGUST 7, 1931.

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 Reverend Thomas Duck, Pastor of Saint Marks Episcopal Church at Dalton.

The roll was called and the following Sena tors answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

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

Senator Strickland of the 1st District, Chairman of the
Committee on Game and Fish, submitted the following report:

788

JouRNAL oF THE SENATE,

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:
Houes Bill No. 80.
Respectfully submitted,
STRICKLAND, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House and Senate, to-wit:

By Messrs. Turner of Brooks, Alexander of Chatham, and others-
House Resolution No. 69. A joint resolution being a memorial to Congress and others to solicit cooperation of the Federal Farm Board in behalf of Turpentine-Gum Farming of pine trees.

By Senator Neill of the 24th District and others-
Senate Resolution No. 42. A joint resolution authorizing the Governor to appoint a commission known as ''Century of Progress Commission."

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House, to-wit:

FRIDAY, AucusT 7, 1931.

789

By Messrs. Pace and Awtrey of Cobb-
House Bill No. 508. A bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Marietta, to create a new charter, and for other purposes.

By Mr. Johnson of Seminole-
House Bill No. 530. A bill to be entitled an Act to amend an Act creating a new charter for the Town of Donalsonville, and for other purposes.

By Mr. Harrison of Camden-
House Bill No. 529. A bill to be entitled an Act to amend an Act incorporating the City of Kingsland tn Camden County, Georgia, and for other purposes.

By Mr. Bush of Miller-
House Bill No. 501. A bill to be entitled an Act to amend an Act entitled an Act to abolish the office of Treasurer of Miller County, Georgia, and for other purposes.

By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Bill No. 485. A bill to be entitled an Act to ratify and confirm the sale by the City of Columbus of a certain tract of land in said City of Columbus.

By Mr. Trotter of Taliaferro-
Hause Bill No. 533. A bill to be entitled an Act to amend the charter of the Town of Crawfordville, and for other purposes.

By Messrs. Eckford of Fulton, Lindsay of DeKalb, and others-
House Bill No. 360. A bill to be entitled an Act to amend

790

JouRNAL OF THE SENATE,

an Act relating to the firemen of cities having a population of 150,000 or more.

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 450. A bill to be entitled an Act to abolish Justice Courts and the office of Justice of the Peace and Notary Public of Richmond County, and for other purposes.

Senator Moore of the 47th 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 by substitute as amended, to-wit:
Senate Bill No. 89. To grant Crisp County Power Commtsston authority to operate outside of Crisp County, etc.
Respectfully submitted,
MooRE, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Coynties 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:

FRIDAY, AuGusT 7, 1931.

791

Senate Bill No. 144. An Act to repeal Section, Code of Ga., relative to road duty, etc. in certain counties.
Senate Bill No. 149. An Act to change the time of meetof Boardof Commissioners of Roads and RevenuesofMuscogee County.
Senate Bill No. 150. An Act to abolish asylum for the poor of Muscogee County.
Respectfully submitted,
JACKSON, Chairman.

The following bills of the Senate, favorably reported by committees, were read the second time:
By Senator McKenzie of the 48th District and othersSenate Bill No. 89. A bill to amend the Act creating
the Power Commission of Crisp County.
By Senator Knabb of the 4th DistricrSenate Bill No. 144. A bill to repeal the Code enumerat-
ing persons subject to road duty.
By Senator Neill of the 24th DistrictSenate Bill No. 149. A bill to change the time of meet-
ing of the Board of Commissioners of Roads and Revenues of Muscogee County.
By Senator Neill of the 24th DistrictSenate Bill No. 150. A bill to abolish the Muscogee
Asylum for the Poor.
By Senator Courson of the 16th DistrictSenate Bill No. 147. A bill to provide for the use of
wooden and wire fish baskets.

792

JouRNAL OF THE SENATE,

The following bill of the House, favorably reported by the committee, was read the second time:
By Mr. Crawford of LongHouse Bill No. 500. A bill to fix the compensation of
the Board of Commissioners of Floyd County.

The following resolutions of the House, favorably reported by committees, were read the second time:
By Mr. Barrett of WhiteHouse Resolution No. 16-115A. A resolution to furnish
certain law books to the Clerk of Court of White County.

By Mr. Carlisle of Bibb-
House Resolution No. 22-145A. A resolution to authorize the State Librarian to furnish certain Court Reports to Bibb County.

By Mr. Mixon of Irwin-
House Resolution No. 26-191B. A resolution to authorize the State Librarian to furnish reports of the Georgia Supreme Court and Court of Appeals to Irwin County.

By Mr. Childs of Taylor-
House Resolution No. 29-221C. A resolution to authorize the State Librarian to furnish certain reports to Taylor County.
Senator Stark of the 43rd District was called to the Chair.

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

By Mr. Burton of Franklin-
House Bill No. 172. A bill to make the Farmers Bank of Royston a State Depository.

FRIDAY, AuGUST 7, 1931.

793

The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Davis and Lord of Jackson-
House Bill No. 274. A bill to create a Board of County Commissioners of Jackson 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, the nays 0.
The bill having received the requisite ccmstitutional majority was passed.

By Mr. Peebles of Bartow-
House Bill Xo. 3l!i. A. bill to abolish the fee system 111 the 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 37, the nays Oli
The bill having received the requisite constitutional majority was passed.
President ~eill resumed the Chair.

By Mr. Peebles of Bartow-
House Bill No. 317. A bill to reduce the salary of the 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 :)[), the nays 0.

794

JouRNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Mr. Osteen of Bryan-
House Bill No. 380. A bill to amend an Act incorporating the Town of Pembroke.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Gullatt of CampbellHouse Bill No. :39(:). A bill to amend an Act to create a
new charter for the City of Palmetto.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By 1\Ir. Bush of ~tiller--
House Bill No. 403. A bill to amend an .\ct 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 39, the nays o.
The bill having received the requisite constitutional majority was passed.

FRIDAY, AucusT 7, 1931.

795

By Mr. Beasley of Tattnall-
House Bill No. 441. A bill to amend an Act to create a new charter for the City of Glennville.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Pace of Cobb-
House Bill No. 451. A bill to amend an Act incorporating the Town of Smyrna.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Hubbard of Habersham-
House Bill No. 453. A bill to amend an Act creating the City of Cornelia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Scarbrough of Pope-
House Bill No. 463. A bill to amend an Act amending the Acts to incorporate the City of Cedartown.

796

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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Patten of Lanier-
Hause Bill No. 467. A bill to abolish the offices of Tax Receiver and Tax CollectJr of Lanier County; to create 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 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Harrison of Camden-
House Bill No. 488. A bill to amend an Act creating a Board of Road Commissioners of Camden 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the House, favorably reported by the committee, was read the second time:

By :Mr. Osteen of Bryan-
House Bill No. 480. A bill to regulate fishing Jn the waters of Bryan County.

FRIDAY, AuousT 7, 1931.

797

The following bills of the Senate were read the first time and referred to committees:

By Senator Reagan of the 35th District-
Senate Bill No. 152. A bill to amend an Act to establish a new charter for the City of Atlanta.
Referred to Committee on Municipal Government.

By Senator Reagan of the 35th District-
Senate Bill No. 153. A bill to amend an Act to establish a new charter for the City of Atlanta.
Referred to Committee on Municipal Government.

By Senator Reagan of the 35th District-
Senate Bill No. 154. A bill to amend an amendment authorizing the City of Atlanta to borrow $1,000,000.00 in any calendar year.
Referred to Committee on Municipal Government.

By Senators Neill of the 24th District and Duckworth of the 7th District-
Senate Bill No. 155. A bill to amend the Constitution to authorize :Municipalities to issue bonds for building or extending Public Utilities.
Referred to Committee on Amendments to Constitution.

The following bills of the House were read the first time and referred to committees:

By Mr. Trotter of Taliaferro-
Hause Bill No. 533. A bill to amend the charter of the Town of Crawfordville.
Referred to Committee on Corporations.

798

JouRNAL oF THE SENATE,

By Mr. Johnson of Seminole-
House Bill No. 530. A bill to amend an Act creating a new charter for the Town of Donalsonville.
Referred to Committee on Corporations.

By Mr. Harrison of Camden-
House Bill No. 529. A bill to amend an Act incorporating the City of Kingsland.
Referred to Committee on Corporations.

By Mr. Bush of Miller-
House Bill No. 501. A bill to amend an Act to abolish the office of Treasurer of Miller County.
Referred to Committee on Counties and County 1\Iatters.

By Mr. Battle of Muscogee-
House Bill No. 485. A bill to ratify the sale of certain lands in Columbus.
Referred to Committee on Municipal Government.

By .\Ir. Pace of Cobb-
House Bill No. 508. A bill to amend the Acts incorporating the City of Marietta.
Referred to Committee on Municipal Government.

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 150. A bill to abolish the offices of Justice of the Peace, Notary Public, and Justice Courts in Richmond County.
Referred to Committee on Special Judiciary.

FRIDAY, AucusT 7, 1931.

799

By Messrs. Eckford and McRae of Fulton-
House Bill No. 360. A bill to amend an Act relating
to fir""men in certain cities.
Referred to Committee on Municipal Government.

The following resolution of the House was read the first time and referred to the Committee on State of the Republic:

By Mr. Westbrook of Dougherty-
House Resolution No. 69. A resolution to solicit cooperation of Federal Farm Board in behalf of Turpentine Farming.

The following bills of the Senate were read the first time and referred to committees:
By Mr. Tippins of the 49th DistrictSenate Bill No. 156. A bill to repeal the Code enumerat-
ing persons subject to road duty. Referred to Committee on Highways and Public Roads.
By Senator Jones of the 51st DistrictSenate Bill No. 157. A bill to abolish the offices of Tax
Receiver and Tax Collector of 1\Iilton County; to create the office of Tax Commissioner.
Referred to Committee on Counties and County :\1atters.

The following bill of the House was read the third time and put upon its passage:
By Messrs. Lanham and Crawford of FloydHouse Bill No. 203. A bill to amend an Act to regulate
Real Estate Brokers and Salesmen.

800

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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By request of Senator Duckworth of the 7th District, the Chair requested the Secretary to read for the information of the Senate, the following communication from the Hon. Eugene Talmadge, Commissioner of Agriculture:

HoK. \\'.H. DurKWORTH, Chairman, Senate Investigating Committee, State Senate, Atlanta.

My dear Mr. Duckworth:
I wish you would convey the following message to the Senate for me:
\Vhen I refused to appear further before your Committee as a witness I was under the firm conviction that I was acting within my legal rights. Since taking that position I have had the opportunity to make a more thorough investigation into the legality of my actions and am now convinced that I was in error in not appearing before the Committee.
I regret that I was wrong in my interpretation of the law and failed to answer your subpoena.
I am attempting to conduct the office of Commissioner to the best of my ability and as I construe the law in connection with the office. Anv errors I have made have been of the head and not o( the heart.

FRIDAY, AuGusT 7, 1931.

801

Thanking you for conveying this message to the Senate, lam,
Yours very truly, EuGENE TALMADGE,
Commissioner of Agriculture.

The following resolution of the Senate was read and adopted:
By Senators Duckworth of the 7th District, Neisler of the 23rd District, and Watson of the 3rd District-
Senate Resolution No. 54 as follows:
"Whereas the Hon. Eugene Talmadge, Commissioner of Agriculture, did on August 4, 1931, defy this Senate and place himself in contempt of this body by refusing to respond to a subpoena issued by a committee of the Senate investigating the Department of Agriculture, and further testify in said investigation, and
Whereas the said Eugene Talmadge has this day made written acknowledgment of his error and expressed regret for his conduct in failing to recognize and respect the authority of this body and respond to the summons of the Senate Committee, and
Whereas the purpose of punishment for contempt would be primarily to force a repentance for wrong doing,
There/ore, Be it resolued by the Senate tha: the apology of Mr. Talmadge be accepted and that this Senate do not cite him for contempt."
House Bill No. 147. A bill to make general appropriations for the last half of the fiscal year 19:31, and for the fiscal years 1932 and 1933, which bill was continued from the previous session of the Senate, was taken up for passage.

802

JouRNAL OF THE SENATE,

The question was on Section 86, Part 1, Division E.
Section 86 was adopted.
Section 87 was adopted.
Section 88 was adopted.
The question was on Section 89, Part 1, Division F.
Section 89 was adopted.
The question was on Part 2, Division A, by items.
Section 1 was adopted.
Section 2 was adopted.
Section :3 was adopted.
The committee moved to amend Section 4, Subsection (a), Part 2, Division A, as follows:
By striking the amount of $57,500.00 for the balance of the year 1931 and inserting in lieu thereof the amount of 863,750.00.
The amendment was adopted.
Section 4 as amended was adopted.
The committee moved to amend Section 5, Subsection (a), Part 2, Division A, as follows:
By striking the amount of S7:3,500.00 for the balance of the year 19:-\1 and inserting in lieu thereof the amount of S78,:>00.00.
The amendment was adopted. Section :> as amended was adopted.
The committee moved to amend Section 6, Subsection (a), Part 2, Division A, as follows:
By striking the amount of $10,000.00 for the year 1931, and inserting in lieu thereof the amount of $15,000.00.
The amendment was adopted.

FRIDAY, AucusT 7, 1931.

803

Section 6 as amended was adopted.
Section 7 was adopted.
Senator Harris of the 18th District asked unanimous consent that the Senate reconsider its action in adopting the Committee Amendment to Section 47, Part 1, DivisionA.
The consent was granted.
Senator Harris of the 18th District asked unanimous consent that the Committee Amendment to Section 47, Part 1, Division A be withdrawn, and the consent was granted, and the amendment was withdrawn.
Senator Dekle of the 6th District asked unanimous consent that the Senate reconsider its action in adopting the Committee Amendment to Section 46, Part 1, Division
A.
There was objection.
Section 44 of Part 1, Division A, consideration of which was postponed at the morning session of the 6th ultimo, until the completion of the bill, was taken up for consideration.
Senator Bennett of the 5th District moved to amend as follows:
By striking out the word five in the last line of Proviso 1, of said section and inserting the word six so that said proviso will read as follows:
Provided that from the above sum appropriated the Secretary of State shall receive a salary not to exceed six thousand dollars per annum.
The amendment was adopted.
Section 44, Part 1, Division A, as amended was adopted.
Senator Jackson of the 14th District, President ProTem., was called to the Chair.

801

JouRNAL OF THE SENATE,

Section 22, Part 1, Division A, consideration of which was postponed at the morning session of the 6th ultimo, was taken up for consideration.
The committee moved to amend Section 22, Part 1, Division A, Subsection (a), by adding at the end of said section the following:
"And less 15% of said fees and taxes which are also hereby allocated to the General Fund subject to the appropriation by the General Assembly" so that the section when amended shall read:

SECTIO~ 22. HIGHWA. Y DEP:\RTMENT
(a) Maintenance and Construction
To be supported by the motor vehicles fees, motor-carriers registration and license fees and pro rata gasoline tax collected, less one-half of 1% allocated to the General Fund to cover the cost of Collection and Inspection and less 15% of said fees and taxes which are also hereby allocated to the General Fund, subject to appropriation by the General Assembly.
The President resumed the Chair.
The President announced that he would ask the unanimous consent of the Senate to postpone further consideration of House Bill No. 117, until immediately after the period of Cnanimous Consents, Tuesday, next, and the consent was granted.

The following privileged resolutions were read and adopted:
By Senator Williams of the 27th DistrictA resolution extending the privileges of the floor to Miss
Moina Michael, the "Poppy Lady of the World."

FRIDAY, AucusT 7, 1931.

805

By Senator Bennett of the 5th District-
A resolution extending the privileges of the floor to Mrs. Ben T. Brock, wife of the Senator from the 44th District.

By Senator Smith of the 30th District-
A resolution extending the privileges of the floor to the Hon. R. H. Johnson of Elbert County.
Senator Harris of the 18th District moved that the Senate adjourn.
Leave of absence was granted Senator Beck of the 37th District for 1\Iondav and to Senator \Vest of the 11th District for a few days.
Senator Harris' motion prevailed, and the Chair announced that the Senate stood adjourned until 10:00 o'clock Monday morning.

806

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,

MoNDAY, AuGusT 10, 1931.

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.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes Whitehurst Williams Mr. President

By unanimous consent, the reading of the Journal of the proceedings of the previous session, August 7th ultimo, was dispensed with.

The Journal was confirmed.

Senator Johnson of the 42nd District, Chairman of the Committee on Municipal Government, submitted the following report:

MoNDAY, AucusT 10, 1931.

807

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. 154.
House Bill No. 508.
House Bill No. 485.
House Bill "N"o. 481.
House Bill No. 496.
Respectfully submitted,
JoHNSON, Chairman.

Senator ?\Jorth of the 36th 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. :336.
House Bills Nos. 502, 529, 530, and 533.
Respectfully submitted,
NoRTH, Chairman.

Senator Peterson of the 15th District, Chairman of the _Committee on State of the Republic, submitted the followmg report:

808

JouRNAL oF THE SENATE,

Mr. President:

Your Committee on State of the Republic 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. 194 do not pass.
House Bill No. 69 do pass.
Senate Bill No. 56 do not pass.
Senate Bill No. 143 do pass.
Respectfully submitted,
PETERSON, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bill No. 127 and reports the same back as being ready for transmission to the House.
Respectfully submitted, Pt.:ETT, Chairman.

Senator Hand of the 8th District, Chairman of the Committee on Agriculture, submitted the following report:
i\1r. 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 pass:

MoNDAY, AucusT 10, 1931.

809

Senate Bill No. 151.

Respectfully submitted, HAND, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House and Senate, to-wit:
By Mr. Kimsey of RabunHouse Bill No. 64. A bill to be entitled an Act to permit
the chasing of foxes with dogs at any time.
By :VIr. Cochran of ThomasHouse Bill No. 54. A bill to be entitled an Act to provide
an exemption of $15.00 per week to retired and pensioned employees from process of garnishment, and for other purposes.
By Mr. Stewart of CoffeeHouse Bill ~o. 499. A bill to be entitled an Act to amend
an Act to create a new charter for the City of Douglas, and for other purposes.
By Messrs. Eckford and Still of FultonHouse Bill No. 536. A bill to be entitled an Act to amend
the charter of the City of Atlanta, and for other purposes.
By Mr. Colson of Glynn-
House Bill No. 503. A bill to be entitled an Act to amend the charter of the City of Brunswick.

810

JouRNAL oF THE SENATE,

By Mr. Wilson of Murray-
House Bill No. 518_- A bill to be entitled an Act to amend the charter of the City of Chatsworth, and for other purposes.

By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 455. A bill to be entitled an Act to amend the charter of the City of Moultrie, and for other purposes.

By Mr. Howard of Chattahoochee-
House Bill No. 65. A bill to be entitled an Act to amend an Act en titied "An Act to reorganize and reconstitute the State Highway Department of Georgia," and for other purposes.

By Mr. Evans of McDuffie-
Hause Bill No. 513. A bill to be en ti tied an Act to repeal an Act approved August 1.!, 1920, and for other purposes.

By Senators Weekes of the 34th District and Reagan of the 35th District-
Senate Bill No. 115. A bill to be entitled an Act to repeal an Act to incorporate the municipality of Atlanta.

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

By Senator McWhorter of the 50th District-
Senate Resolution )Jo. 48. A resolution to relieve J. F.
Wilkinson as surety.
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, the nays 0.

MoNDAY, AuGUST 10, 1931.

811

The resolution having received the requisite constitutional majority was passed.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Neill of the 24th District-
Senate Bill No. 150. A bill to abolish the Muscogee Asylum for the Poor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Harris of the 18th District asked unanimous consent that the report of the committee, which was unfavorable to the passage of the bllowing bill, be disagreed to, and that the bill be read the second time:
By Mr. Huddleston of Worth and others-
House Bill No. 194. A bill to simplify the operations of the Executive branch of the State Government.
The consent was granted, and the bill was read the second time.

The following bills of the Senate, favorably reported by committees, were read the second time:
By Senator Neisler of the 23rd District-
Senate Bill No. 151. A bill to amend the Code of 1926, Section 1793, by striking the words and figures thirty cents, and inserting in lieu thereof, twenty cents.

812

JouRNAL oF THE SENATE,

By Senator Harris of the 18th District-
Senate Bill No. 143. A bill to create the Savannah River Navigation Commission.

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

By Senator Neill of the 24th District-
Senate Bill No. 149. A bill to change the time of meeting of the Board of Commissioners of Roads and Revenues of~iuscogee 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, the nays 0.
The bill having received the reg uisite constitutional majority was passed.

The following bill of the House was read the third time and put upon its passage:

By Mr. Preston of Walton-
House Bill No. 3G2. A bill to amend an Act creating a charter for the City of Monroe.
Senator \Yilliams of the 27th District asked unanimous consent that action on the above bill, House Bill No. 3G2, be deferred.
The consent was granted.

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

By l\1r. Childs of Taylor-
House Bill No. 408. A bill to amend an Act for a new charter for the Town of Reynolds.

MoNDAY, AucusT 10, 1931.

813

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 19, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Osteen of Bryan--
House Bill No. 480. A bill to regulate fishing in the waters of Bryan County.
The committee offered the following amendment:
Game and Fish Committee moves to amend House Bill No. 480, in the following respects, to-wit: (a) by adding after the word "County" appearing in the fourth line of Section 4 of said bill the words "or other person authorized to sell licenses in said County."
(b) By striking from the fifth line of Section 4 of said bill the figures "$5.00" and inserting in lieu thereof the figures "$1.23."
(c) By inserting immediately after the word "County" in line eleven of Section 4 of said bill, the following words "or other person authorized to sell such licenses."
(d) By adding at the end of Section 4 of said bill a subsection to be numbered 4-A, which shall read as follows, "nothing in this bill shall operate to prevent a nonresident of said County or State who shall own fishing property in said County of Bryan from fishing on said property without procuring a license."
(e) By striking the figures "S20.00" from the 12th line of said 4th section of said bill and inserting in lieu thereof the figures "$5.50."
(f) By adding immediately after the word "County" appearing in the third line of Section 5 of said bill the following words, "or other person authorized to sell such licenses."

814

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 agreed to.
On the passage of the bill as amended, the ayes were 37, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

By Mr. Crawford of Floyd-
House Bill No. 500. A bill to fix the compensation of the Board of Commissioners of 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, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate was read the first time and referred to the Committee on Counties and County Matters:

By Senator Dekle of the 6th District-
Senate Bill No. 158. A bill to consolidate the offices of Tax Receiver and Tax Collector of Lowndes County.

Senator Bennett of the 5th District asked unanimous consent that the report of the committee, which was unfavorable to the passage of the following bill, be disagreed to, and that the bill be read the second time:
By Mr. Musgrove of Clinch-
House Bill No. 133. A bill to repeal the primary laws of Clinch County.

MoNDAY, AucusT 10, 1931.

815

The consent was granted, and the bill was read the second time.
The Senate agreed to the following two House amendments to Senate Bill No. 4, towit:

By Senator Duckworth of the 7th District-
Senate Bill No. 4. A bill to abolish the offices of Tax Receiver and Tax Collector of Grady County; to create the office of Tax Commissioner.

By Mr. Carlisle of GradyMoved to amend the bill as follows:
By striking Section 4 and Section 5 in their entirety and su bsti tu ting for same the following:
"Be it further enacted bv authoritv aforesaid, that Grady County Tax Commissioner shall. hold office for a term of four (4) years, beginning January 1, 1933, and said Tax Commissioner shall be elected at the general election to be held in November 1932 and every four years thereafter."
"This Act shall become effective January 1, 1933."

By Mr. Carlisle of GradyMoved to amend the bill as follows:
By striking from Section 8 of said bill in the last part of line 4 of said section the figures $3,000.00 and substituting for the same $2,400.00.

The following resolution of the House was read the third time and put upon its passage:

By Mr. Westbrook of Dougherty and others-
House Resolution No. 69. A resolution to solicit the cooperation of the Federal Farm Board in the interest of Turpentine Farmers.

816

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 33, the nays 0.
The resolution having received the requisite constitutional majority was passed.
Senator McWhorter of the 50th District asked unanimous consent that the above resolution, House Resolution No. 69, be immediately transmitted to the House.
The consent was granted.
The following resolutions of the House were read the third time and put upon their passage:

By Mr. Alexander of Chatham-
House Resolution No. 27-221A. A resolution to relieve
L. W. Hall as surety.
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 34, the nays 0.
The resolution having received the requisite constitutional majority was passed.

By Mr. Alexander of Chatham-
House Resolution No. 28-221B. A resolution to relieve W. F. Cardinal as surety.
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, the nays 0.
The resolution having received the requisite constitutional majority was passed.

MoNDAY, AucusT 10, 1931.

817

By Messrs. Leathers, Lindsay, and Beaman of DeKalb-
House Resolution No. 32-237A. A resolution to relieve
George L. Trimble as surety.
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, the nays 0.
The resolution having received the requisite constitutional majority was passed.
By Mr. Childs of Taylor-
House Resolution No. 29-221C. A resolution to authorize the State Librarian to furnish certain reports of the Supreme Court and Court of Appeals to Taylor 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, the nays 0.
The resolution having received the requisite constitutional majority was passed.
By Mr. Barrett of WhiteHouse Resolution No. 16-115A. A resolution to fur-
nish certain law-books to the Clerk of Court of White 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 27, the nays 0.
The resolution having received the requisite constitutional majority was passed.
By Mr. Carlisle of BibbHouse Resolution No. 22-145A. A resolution to author-

818

JouRNAL oF THE SENATE,

ize the State Librarian to furnish certain volumes to Bibb 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 29, the nays 0.
The resolution having received the requisite constitutional majority was passed.

By Mr. Mixon of Irwin-
House Resolution No. 26-191B. A resolution to authorize the State Librarian to furnish certain reports of the Supreme Court and Court of Appeals to the Superior Court of Irwin 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 29, the nays 0.
The resolution having received the requisite consti tutional majority was passed.

Senator McWhorter of the 50th District asked unanimous consent that the report of the committee, which was unfavorable to the passage of the following bill of the House, be agreed to:
By Messrs. Arnold and Wood of Clarke-
House Bill No. 40G. A bill to amend the charter of the Town of Athens.
The consent was granted, and the bill was lost.

The following bills of the House, favorably reported
by committees, were read the second time:

MoNDAY, AucusT 10, 1931.

819

By Mr. Dorsett of CarrollHouse Bill No. 336. A bill to repeal certain sections of
the Act amending the charter of the City of Carrollton.
By Mr. Brown of GreeneHouse Bill No. 502. A bill to amend the charter of the
City of Union Point.

By Mr. Harrison of CamdenHouse Bill No. 529. A bill to amend an Act incorporat-
ing the City of Kingsland.
By Mr. Johnson of SeminoleHouse Bill No. 530. A bill to amend an Act creating
a new charter for the Town of Donalsonville.

By Mr. Trotter of Taliaferro-
Hause Bill No. 533. A bill to amend the charter of the Town of Crawfordville.
Senator Reagan of the 35th District was called to the Chair.

The following bill of the Senate was read the third time and put upon its passage:
By Senators Knabb of the 4th District and Harris of the 18th District-
Senate Bill No. 140. A bill to revise the Forestry Laws of Georgia.
Senator McWhorter of the 50th District asked unanimous consent that the Secretary make the following change in the second paragraph of the bill, first and second lines:

820

JouRNAL oF THE SENATE,

Reverse the order of the words "House of Representatives" and "Senate" so that the word "Senate" will come first. The consent was granted.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Williams of the 27th District asked unanimous consent that the above bill, viz., Senate Bill No. 140, be immediately transmitted to the House, and the consent was gran ted.
The President resumed the Chair.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Bennett of the 5th District-
Senate Bill No. 94. A bill to provide for the election of a State School Commissioner.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill proposed to amend the Constitution. The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Alexander Bennett
Clements Courson Davis Dekle Ennis Evans
Horn

Jones Knabb Langford Lazenby McKenzie Martin Nix Perkins Peterson

Pruett Smith Stark
Strickland Wallace Waters Weekes Whitehurst

MoNDAY, AucusT 10, 1931.

821

Those voting in the negative were Senators:

Brock Denton Duckworth Hand

Harris Johnson Puett

Reagan Tippins Watson

On the passage of the bill, the ayes were 26, the nays 10.
The bill having failed to receive the requisite two-thirds constitutional majority was lost.

Senator Bennett of the 5th District gave notice that he would move, at the proper time, that the Senate reconsider its action in failing to pass the above bill, viz., Senate Bill No. 94.

Senator Moore of the 47th District was called to the Chair.

The following bills of the Senate were read the third time and put upon their passage:

By Senator McKenzie of the 48th DistrictSenate Bill No. BG. A bill to regulate the occupation
of barber.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator 'Weekes of the :34th District asked unanimous consent that the above bill, viz., Senate Bill No. 136, be immediately transmitted to the House, and the consent was granted.

By Senators West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 96. A bill to regulate common earners by Motor Vehicle.

822

JouRNAL oF THE SENATE,

The committee offered the following amendment:
Amend Senate Bill No. 96 by striking Subsection (d) of Section 4 of said bill and in lieu thereof inserting the following:
The commission may at any time after notice and opportunity to be heard and for reasonable cause suspend, revoke, alter or amend any certificate issued under this Act or the Motor Carriers Act of 1929 or the Motor Carriers Act of 1931, if it shall be made to appear that the holder of the certificate has wilfully violated or refused to observe any of the lawful and reasonable orders, rules or regulations prescribed by the commission or any of the provisions of this Act or any other law of this State regulating and/or taxing motor vehicles or if in the opinion of the commission the holder of the certificate is not furnishing adequate service, or if the continuance of said certificate in its original form is incompatible with the public interests. If and when the commission shall undertake to revoke or modify one or more certificates on account of the public interests on the ground that the traffic conditions are such as not to justify the number of motor carriers which have been granted certificates over the route or routes in question, the preference shall be given to certificates in order of the time of their issuance so that those who have been issued later in point of time shall, other things being equal, be cancelled rather than those issued earlier in point of time.
The amendment was adopted.
The committee proposed the following amendment:
To amend Senate Bill No. 96 entitled "An Act to prescribe conditions and regulations under which common carriers by motor are permitted to operate, etc."
Amend Section 18 of the said bill by inserting after the first paragraph thereof the following:
"No subdivision of this State, including cities, municipalities, villages, townships or counties shall levy any

MoNDAY, AucusT 10, 1931.

823

excise, license or occupation tax of any nature on said equipment, or the right to operate said equipment or any
cinocmidmeonntseaorfn.esra.i,d motor carrier business, or on a motor
The amendment was adopted.
The committee proposed the following amendment:
To amend Senate Bill No. 96 entitled "An Act to prescribe conditions and regulations under which common carriers by motor are permitted to operate, etc."
Amend Subsections (a) and (b) of Section 19 of the said bill by striking therefrom said Subsections (a) and (b) and substituting in lieu thereof the following:
"Section 19. (a) Motor common carriers shall keep records upon forms prescribed by the Commission of all motor vehicles and trailers used during the current calendar quarter period. 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 summaries of daily records shall be filed and preserved by the Commission for a period of at least two years.
"(b) The Commission shall prescribe the books and the forms of account to be kept by the holders of the certificates which shall be preserved for such reasonable time as may be prescribed by the Commission. The books and records of every certificate holder shall be at all times open to the inspection of said Commission or any agent appointed by it for such purpose. The Commission shall have the power to examine the books and records of all motor common carriers to whom it has granted certificates to operate hereunder and to examine under oath

824

JouRNAL oF THE SENATE,

the officers and agents of any motor common carrier with respect thereto."
The amendment was adopted.
The committee proposed the following amendment:
Also by adding after the words "incorporate limits" in Subsection (b) of Section 31 the words "or police limits."
The amendment was adopted.
The committee proposed the following amendment:
Also by adding after the words "Motor Carriers Act of 1931" in Section 33 the words:
"So far as they apply to Motor Common Carriers."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 26, the nays 2.
The bill having received the requisite constitutional majority was passed.

By Senators West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 97. A bill to regulate the operation of common carriers by motor.
The committee proposed the following amendment:
To amend Senate Bill No. 97 entitled "An Act to require motor vehicles, etc."
1. Amend Subsection (e) of Section 3 of the said bill by striking out said Subsection (e) and inserting in lieu thereof the following:

MoNDAY, AuGusT 10, 1931.

825

"(e) The words 'contract motor carrier' mean every person owning, controlling, operating or managing any motor-propelled vehicle and the lessees, receivers or trustees thereof used in the transporting of persons and/or property (otherwise than over permanent rail tracks) for hire on the public highways of this State, otherwise than as a common carrier."
The amendment was adopted.

The committee proposed the following amendment: Also by adding after the words "Motor Carriers Act of 19:31" in Section 20 the words: "So far as the same applies to contract carriers." The amendment was adopted.

The committee proposed the following amendment:
To amend Senate Bill No. 97 entitled "An Act to require motor vehicles, etc."

1.
Amend Section 16 of the said Senate Bill ~o. 97 by striking from the bill the following sen tencc near the middle of said Section 1G:
"Provided further that the provisions of this Act shall not apply to charter trips of a motor common carrier of passengers owning certificate under the laws of this State, where such charter trips originate on the respective regular route of such common carrier and such charter trips are made incidental to the regular service of such motor common carrier and are made under such rules and regulations as the Commission may prescribe respecting the same; and said Commission is hereby authorized and directed to promulgate such rules and regulations,"
and insert in lieu thereof:

826

JouRNAL OF THE SENATE,

"Provided further that the provisions of this Act shall not apply to motor common carriers in the activities as such or to the charter trips of motor common carriers of passengers holding certificate of public convenience and necessity under the laws of this State where such charter trips originate on the respective regular routes of such common carriers and are made under such rules and regulations as the Commission may prescribe respecting the same; ~nd said Commission is herebv authorized and directed to promulgate such rules and. regulations."
The amendment was adopted.
Senator McWhorter of the 50th District asked unanimous consent that further consideration of the bill be deferred until tomorrow afternoon, and the consent was granted.

Senator Johnson of the 42nd District asked unanimous consent that the Senate reconsider its action in passing the following bill, and the consent was granted:
By Mr. Crawford of Floyd-
House Bill No. 500. A bill to fix the compensation of the Board of Commissioners of Floyd County.
The bill was put upon its passage.
The committee offered the following amendment:
By adding after the word "County" in line 2, of Section 5, of said Act the following words, "and/or County Manager and/or Superintendent, and/or Clerk of the Board."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 38, the nays 0.

MoNDAY, AucusT 10, 1931.

827

The bill as amended having received the requisite constitutional majority was passed.

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

By Senator Reagan of the 35th District-
Senate Bill No. 79. A bni to amend the laws as to registration of voters.
The committee offered the following amendment:
Proposes to amend Senate Bill No. 79 by striking out from the ti tie thereof the words:
"Containing any part of a city of more than 200,000 population according to the Federal census."
and by substituting in lieu thereof the words:
"Containing 200,000 population or more according to the present or any future Federal ce.nsus."
The amendment was adopted.
The committee offered the following amendment:
Also by striking from Section 1 the words:
"Residing in any county with any part of any city therein of a population of over 200,000 by the Federal census."
and substituting in lieu thereof:
"Residing in any county containing a population of over 200,000 by the present or any future Federal census."
The amendment was adopted. The committee offered the following amendment: Also proposes to amend Section 8 of the bill by interlining in the fourth line thereof between the words "this Act is" and the words "in force:' the words "or shall hereafter become."

82S

JouRNAL oF THE SENATE,

The amendment was adopted.
The committee offered the following amendment:
Also proposes to amend Section 11 by interlining between the words "this Act is" and the word "applicable," the words "or shall hereafter become."
. The amendment was adopted .
The committee offered the following amendment:
Also proposes to amend Section 12 by striking out the words "any part of a city of more than 200,000 population according to the Federal census" and substituting in lieu thereof the words "conLaining 200,000 population according to the present or any future :F'ederal census.''
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the. bill as amended, the ayes were :31,
the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

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

By Senator Reagan of the 35th District-
Senate Resolution No. 50. A resolution to ratify the action of the Western and Atlantic Railroad Commission in making a modified contract as to the depot site in Atlanta.
The report of the committee, which was favorable to the
passage of the resolution, was agreed to.
On the passage of the r.esolution, the ayes were 36, the nays 0.

MoND~A.Y, AuGusT 10, 1931.

829

The resolution having received the requisite constitutional majority was passed.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Duckworth of the 7th District-
Senate Bill )Jo. 102. A bill to provide the time for filing bills of exceptions in the Supreme Court and Court of Appeals.
Senator Dekle of the 6th District was called to the Chair.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitntional majority was passed.
The President resumed the Chair.

By Senators Stark of the 43rd District and Harris of the 18th District-
Senate Bill No. 138. A bill to provide for issuance of certificates of registration to qualified voters.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Stark of the 43rd District asked unanimous consent that the above bill, viz., Senate Bill No. 138, be immediately transmitted to the House, and the consent was granted.

830

JouRNAL oF THE SENATE,

By Senator Reagan of the 35th District-
Senate Bill No. 128. A bill to amend the laws relating to marriage licenses.
The report 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.

By Senator Brock of the Mth District-
Senate Bill No. 120. A bill to abolish the office of County Treasurer of the County of Dade.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate, favorably reported by the committee, was read the second time:

By Senators Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 154. A bill to amend an Act entitled an amendment to authorize the City of Atlanta to borrow $1,000,000 during any calendar year.

The following bills of the House, favorablv reported by committees, were read the second time:

By Mr. Edwards of Stephens-
House Bill No. 481. A bill to amend the charter of the City of Toccoa.

MoNDAY, AuausT 10, 1931.

831

By Mr. Battle of Muscogee-
House Bill No. 485. A bill to ratify the sale of certain land by the City of Columbus.

Bv Mr. Greer of Macon-
House Bill No. 496. A bill to amend an Act incorporating the Town of Ideal.

By Messrs. Pace and Awtrey of Cobb-
House Bill ::-.J"o. 508. A bill to amend the Acts incorporat. ing the City of Marietta.

The following bills of the House were read the first time and referred to committees:

By l\Ir. Cochran of Thomas-
House Bill No. 54. A bill to provide an exemption of $15 per week from garnishment.
Referred to Committee on General Judiciary No. 2.

By Mr. Kimsey of Rabun-
House Bill No. 64. :\ bill to permit the chasing of foxes with dogs at any time.
Referred to Committee ,m Game and Fish.

By Mr. Howard of Chattahoochee-
House Bill ~o. 65. A bill to amend an Act to reorganize and reconstitute the State Highway Department.
Referred to Committee on Highways and Public Roads.

By Messrs. Sutton and Mattox of Colquitt--
House Blll ~o. 455. A bill to amend the charter of the City of l\1oul trie.
Referred to the Committee on l\iunicipal Government.

832

JouRNAL oF THE SENATE,

By Mr. Colson of Glynn-
House Bill No. 503. A bill to amend the charter of the City of Brunswick.
Referred to Committee on Corporations.

By Mr. Wilson of Murray-
House Bill No. 518. A bill to amend the charter of the City of Chatsworth.
Referred to Committee on Municipal Government.

By Mr. Evans of McDuffie-
Hause Bill No. 513. A bill to repeal an Act to establish the City Court of Thomson.
Referred to Committee on Generai;J udiciary I\'o. 1.

By Messrs. Eckford and Still of Fulton-
House Bill I\'o. 53G. A bill to amend the charter of the City of Atlanta.
Referred to Committee on Municipal Government.

Bv l\1r. Stewart of Coffee-
House Bill No. 499. A bill to amend the Act to create a new charter for the City of Douglas.
Referred to Committee on Corporations.

The following privileged resolutions were read and adopted:

By Senator Ennis of the 20th District-
A resolution to extend the privileges of the floor to the Han. R. B. Moore of Milledgeville.

MoNDAY, AuGusT 10, 1931.

833

By Senator Harris of the 18th District-
A resolution extending the privileges of the floor to the Hon. I. S. Peebles of Augusta.
Leave of absence was granted Senator Brock of the 44th District for the 11th, inst.
Senator Harris of the 18th District moved that the Senate adjourn. The motion prevailed.
The President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

834

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,

TuEsDAY, AuousT 11, 1931.

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.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Starl{ Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Brock of the 44th District gave notice he would move that the Senate reconsider its action in passing Senate Bill No. 120, yesterday.

TUESDAY, AUGUST 11, 1931.

835

Senator Brock of the 44th District moved that the Senate reconsider its action in passing yesterday's Senate Bill No. 120, and the motion prevailed.
Senator Bennett of the 5th District moved that the Senate reconsider its action in failing to pass Senate Ifll No. 94, and the motion prevailed, and the bill was restored to the calendar.

Senator Dekle of the 6th District asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read the second time, and recommitted, and the consent was granted:

By Senator Dekle of the 6th District-
Senate Bill No. 158. A bill to consolidate the offices of Tax Receiver and Tax Collector of Lowndes County.

The following bills of the Senate were read the first time and referred to committees:

By Senator Tippins of the 49th District-
Senate Bill No. 159. A bill to amend an Act incorporating the Town of Claxton.
Referred to Committee on Municipal Government.

By Senator Neisler of the 23rd District-
Senate Bill No. 160. A bill to amend an Act relating to security to be given by State Depositories.
Referred to Committee on Banks and Banking.

By Senator Reagan of the 35th District-
Senate Bill No. 161. A bill to regulate boxing and sparnng.
Referred to Committee on General Judiciary No. 1.

836

JouRNAL oF THE SENATE,

By Senator Reagan of the 35th District-
Senate Bill No. 162. A bill to increase fees of Coroners, Constables and Jurors in holding inquests.
Referred to Committee on Special Judiciary.

Senator Johnson of the 42nd 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 by substitute:
House Bill No. 511.
Respectfully submitted,
JoHNsoN, Chairman.

Senator Reagan of the 35th 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. 232. House Bill No. 490. House Bill No. 469. House Bill No. 509.

Respectfully submitted,

REAGAN, Chairman.

TuEsDAY, AucusT 11, 1931.

837

Senator Adkins of the 9th District, Vice-Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
Your Committee on Engrossing has had under consideration the following Senate Resolution No. 50 and finds same correctly engrossed and ready for transmisssion to the House.
Respectfully submitted,
ADKINs, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requ1s1te constitutional majority the following bills of the Senate as amended, to-wit:
By Senators Dekle of the 6th District and Moore of the 47th District-
Senate Bill No. 31. A bill to be entitled an Act to amend Section 883 of the Code of 1910, Park's Code, Section 1140, and for other purposes.
By Senator Williams of the 27th District-
Senate Bill No. 69. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Walton County, Georgia; to create the office of County Tax Commissioner of \Valton County, and for other purposes.

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

838

JouRNAL oF THE SENATE,

Mr. President:
The House has passed by the reqms1te constitutional majority the following bill of the Senate, to-wit:

By Senator Hand of the 8th District-
Senate Bill No. 13. A bill to be entitled an Act to amend Section 2112 of the Civil Code of Georgia of 1910, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requ1s1 te consti tu tiona! majority the following resolutions of the House and Senate, to-wit:

By Mr. Thompson of Barrow-
House Resolution No. 51-352A. A resolution concerning the Public Schools of the Town of Winder and the Town of Russell, and for other purposes.

By Senator Neisler of the 2:~rd District-
Senate Resolution ~o. 16. A resolution to relieve D. Coolik as surety.

The following message was received from the House through :Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

By Mr. Cain of Crisp-
House Bill No. 569. A bill to be entitled an Act to amend an Act to create a new charter for the Town of Arabi, in

TuEsDAY, AuGUST 11, 1931.

839

the County of Crisp, and the Acts amendatory thereof, and for other purposes.

By Mr. Griffeth of Oconee-
House Bill No. 562. A bill to be entitled an Act to amend an Act entitled "An Act to incorporate the Town of Bogart in Oconee County, and for other purposes.

By Mr. Davis of Mitchell-
House Bill No. 425. A bill to be entitled an Act to revise the laws of the State with reference to the commitments to the Georgia State Sanitarium, and for other purposes.

By Mr. Beaman of DeKalb-
House Bill No. 86. A bill to be entitled an Act providing that mortgages and deeds to secure debt and bills of sale, may be attested in the same manner as is provided for deeds of bargain and sale, and for other purposes.

By Mr. Rosser of \Valker and others-
House Bill ::-.Jo. 146. A bill to be entitled an Act to amend an Act entitled "An Act for the protection of birds, game, and fish," and for other purposes.

By Mr. Key of Jasper-
House Bill ::-.Jo. 219. A bill to be entitled an Act to regulate outdoor advertising, and for other purposes.

By Mr. Morris of Atkinson-
House Bill No. 560. A bill to be entitled an Act to amend an Act entitled an Act to create a new charter for the Town of \Villacoochee in the County of Coffee, and for other purposes.

840

JouRNAL oF THE SENATE,

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 556. A bill to be entitled an Act to amend an Act entitled an Act to amend the charter of the City of Augusta, and for other purposes.

By Messrs. Mardre and Cochran of Thomas-
House Bill No. 555. A bill to be entitled an Act to repeal an Act to establish a system of public schools in the Town of Boston, Thomas County, and for other purposes.

By Mr. Freeman of Monroe-
House Bill No. 538. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Monroe County, and to create the office of County Tax Commissioner, and for other purposes.

By Mr. Key of Jasper-
House Bill No. 510. A bill to be entitled an Act to repeal an Act incorporating the Town of Hillsboro in the County of Jasper.

By Mr. Cain of Crisp-
House Bill No. 363. A bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners for the County of Crisp," and for other purposes.

By Mr. McRae of Fulton-
House Bill No. 528. A bill to be entitled an Act to amend an Act entitled "An Act to repeal all laws, amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park," and for other purposes.

The following bills of the House, favorably reported by committees, were read the second time:

TUESDAY, AUGUST 11, 1931.

841

By Messrs. Beaman and others of DeKalb-
House Bill No. 469. A bill to amend an Act creating DeKalb Division of the Municipal Court of Atlanta.

By Mr. Stone of Early-
House Bill No. 490. To repeal an Act to establish the City Court of Blakely.

By Mr. Pope of Toombs-
Hause Bill No. 509. To provide for holding two terms of 'the Superior Court of Toombs County.

By Messrs. Stanton and Bunn of Ware-
House Bill No. 511. To amend an Act to establish a new charter for the City of Waycross.

The following bill of the Senate was put upon its passage:
By Senator Brock of the 44th District-
Senate Bill No. 120. A bill to be entitled an Act to abolish an Act to abolish the office of County Treasurer of Dade County.
The committee offered to amend as follows:
By striking from the caption of said bill the words: "to provide for the compensation of said Treasurer."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

842

JouRNAL oF THE SENATE,

The following bill of the House was read the third time and put upon its passage:

By Mr. Musgrove of Clinch-
House Bill No. 133. A bill to repeal Clinch County Primary 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Mr. Edwards of Stephens-
House Bill No. 481. A bill to amend the charter of the City of Toccoa.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Greer of Macon-
House Bill No. 496. A bill to amend an Act incorporating the Tmvn of Ideal.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

TuEsDAY, AuGusT 11, 1931.

843

By :VIr. Battle of Muscogee-
House Bill No. 485. A bill to ratify the sale of certain lands by 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 42, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Brown of Greene-
House Bill No. 502. A bill to amend the charter of the City of Union Point.
The report of the committee, which was favorable to the passage of the bill, was agreed w.
On the passage of the bill, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Pace and Awtrey of Cobb-
House Bill No. 508. A bill to amend the Acts incorporating the City of Marietta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Harrison of Camden-
House Bill No. 529. A bill to amend an Act incorporating the City of Kingsland.

844

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 42, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Johnson of SeminoleHouse Bill No. 530. A bill to amend an Act creating a
new charter for the Town of Donalsonville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Trotter of TaliaferroHause Bill No. 533. A bill to amend the charter of 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 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Mardre and Cochran of ThomqsHouse Bill No. 413. A bill to authorize certain county
officers to appropriate funds to support a Public Library.
The report 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.

TuEsDAY, AuousT 11, 1931.

845

The following resolution of the House was read the third time and put upon its passage:

By Mr. Harris of Terrell-
House Resolution No. 45-310A. A resolution to relieve J. E. Brim as surety.
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 34, the nays 0.
The resolution having received the requisite constitutional majority was passed.
At 10:30 o'clock Senator Harris of the 18th District moved that the Senate go into executive session, to consider a sealed communication from His Excellency, the Governor. The motion prevailed.

The Secretary transmitted the following communication to His Excellency, Governor Richard B. Russell, J r:
Senate Chamber, Aug. 11, 1931.
His Excellency, HoN. RicHARD B. RussELL, JR., Executive Department, Atlanta, Georgia.

Sir:
I am directed by the Senate of Georgia to inform Your Excellency that it has this day confirmed the following appointments by you:
Hon. Waldo DeLoach of the County of Colquitt to be Judge of the City Court of Colquitt County for a term beginning this date and expiring December 31, 1934.

846

JouRNAL oF THE SENATE,

Hon. Paul D. Leverett of the County of Colquitt to be Solicitor of the City Court of Colquitt County for a term beginning this date and expiring December 31, 1934.

Respectfully,

T. JoHN

BoiFEUILLET,

Secretary of the Senate.

The Senate reconvened in open session at 10:45 o'clock, A. M., and was called to order by the President.
Senator Stark of the 43rd District asked that on account of the unusual noise, Rule 111, be read, and enforced.
Senator Williams of the 27th District rose to a question of personal privilege.

The following resolution of the Senate was read:

By Senators Evans of the 19th District and Weekes of the 34th District-
Senate Resolution No. 55 as follows:
Whereas, the Hon. Roy V. Harris, State Senator, from the 18th District of Georgia, did on the 8th day of August 1931, on the Floor of the Senate, charge that eight Senators, members of this august body, for mercenary reasons, did bribe and sell themselves to the Highway Department, and
Whereas, the same reflects itself upon each and every member of this body until the said Senator designates the eight particular members,
Therefore, be it resolved that the President of the Senate is requested to require the said Senator to produce prima facie evidence to substantiate such charges, and that a committee of three from the Senate be -named to investigate these charges and to immediately report back to the Senate the correctiveness or incorrectiveness of these charges.

TuEsDAY, AucusT 11, 1931.

847

Senators Williams of the 27th District and Weekes of the 34th District asked unanimous consent that the resolution be considered immediately.
There was objection.
The President announced that under the rules the resolution would lie on the table one day.
Senators Evans of the 19th District and Weekes of the 34th District offered the following substitute to Senate Resolution No. 55:
Wlzereas, in a speech made on the floor of the Senate on last Friday, Senator Roy V. Harris of the 18th District made the statement that "eight senators have been bought to vote against the Highway Diverson Amendment to the General Appropriation Bill by promises made by the Highway Department for road construction in their respective counties," and that he could and would furnish the names of the senators if requested to do so; and
JV!zereas, this stat~ment casts an aspersion on the character of every mem her of the Senate of Georgia unless the names of the eight senators referred to by Senator Harris be given; now therefore
Be it resolved by the Senate, that Senator Harris be requested to give this information to the Senate and that he be given time, immediately after the vote on this resolution to give the names of the Senators alleged by him to have been hought, together with the names of the persons from whom his information was obtained.
Senator Weekes of the 34th District asked unanimous consent that the substitute be considered immediately.
There was objection.
The President announced that the substitute would under the rules lie on the table one day.
Senator West of the 11th District was called to the Chair.

848

JouRNAL OF THE SENATE,

Senator Watson of the 3rd District rose to a question of personal privilege.
The President resumed the Chair.
The President announced that the next business in order would be consideration of Section 22, Subsection (a) of House Bill No. 147, the General Appropriation Bill, continued from the session of last Friday.
Senator Perkins of the 17th District offered a resolution asking unanimous consent, that the Secretary be allowed to read a communication from Senator Whitehurst of the 21st District, expressing his views on the pending amendment, as he was physically unable to make an address to the Senate, and the consent was granted.

The Secretary read the ommunication, on diversion of highway funds, to-wit:

MR. PRESIDENT AND MEMBERS OF THE SE"l"ATE:
The question which confronts us is not one of meagre import. It is ours to decide whether we shall throw the destinies of this State and our constituents who look to us for wise guidance, into a more chaotic condition than we now have, or whether we shall lift up our heads and direct affairs in such a manner that we will be able to proudly face those who placed their trust in us and say that this grand old State of Georgia can be free of debt without further burdens of taxation than we now have. The amendment under discussion, if passed will authorize the payment of the State's debts by diversion of funds from the Highway Department. In my opinion this is the only logical method that has as yet been submitted for our consideration. In the line-up of our opponents, they all claim that these debts can be liquidated without diverting this money, but they offer no sure way of securing the necessary funds. Among their suggestions are the discount of the W. & A. rentals, and the addition of extra tax on gasoline. It seems

TUESDAY, AUGUST 11, 1931.

849

to me that most any one who is familiar with finances would agree that it is unwise to discount these rentals. While it would raise some ready money now, it will greatly depreciate the State's income for the future years. This might in like manner be compared to the proverbial killing of the goose that laid the golden egg. It is now an acknowledged fact, and undisputed, that the citizens of Georgia are not able to endure any increase in tax for we now have on our tax books enormous amounts of unpaid taxes brought about by the financial inability to meet them. For my part, I have been riding in automobiles over unpaved roads for almost twenty-three years, since the days when paved roads were almost unknown in Georgia, and personally I feel that I would be able to continue this for a few more years, at least long enough to see this State of ours come out on top of the world with her indebtedness wiped out. Senators, do you realize the conditions confronting the educational system of our State? How can we conscientiously deny these children who are clamoring for education and enlightenment those opportunities which are rightfully their heritage? These opportunities should reach from Rabun Gap to Senator Knabb's Gap. Let's do not deny our boys and girls. The day has come when education and achievement go hand in hand. Who of us know but that we are entrusted with the makings of such men as \Villiam G. Turner, Bob Toombs, and our distinguished Senator John W. Bennett? How many of us recall that the Colony of Georgia was founded by citizens who were clamoring for freedom from the yoke of debt and over-taxation?

Those worthy pioneers blazed trails over unchartered territory, making their paths and roadways as they forced themselves into that vast wilderness. \Vhen we come to celebrate the bicentennial of the great man Oglethorpe and his plucky band of followers whose ver)' blood is in our veins, shall we do it with the sting of increased taxation and debts? My answer is most emphatically "No, never."-

850

JouRNAL oF THE SENATE,

Mr. President and Fellow Senators, I shall cast my vote in favor of this amendment.
Respectfully submitted, W. M. Whitehurst, Senator, 21st District of Georgia.
August 11, 1931.

The following privileged resolutions were read and adopted:

By Senator Fowler of the 39th District-
A resolution extending the privileges of the floor to the Hon. Otis Brumbey, Editor of the Marietta Times.

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to the Hon. Lon Dudley of Athens.

By Senator Reagan of the 35th District-
A resolution extending the privileges of the floor to the Hon. \Valter P. Andrews, a former member of this body.

By Senator Pratt of the 41st DistrictA resolution extending the privileges of the floor to Mrs.
J. 0. Waters, wife of the Senator from the 46th District.

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to the Hon. Joe S. Burgin and his sons, 0. F. Burgin and Alex Burgin.

By Senator Alexander of the 25th District-
A resolution extending the privileges of the floor to the Hon. Joe S. Burgin.

TuEsDAY, AuGUST 11, 1931.

851

By Senator Whitehurst of the 21st District-
A resolution extending the privileges of the floor to the Hon. John S. Davis, former Senator of the 21st District.
Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until 3:00 o'clock this afternoon.

SENATE CHAMBER,
AuGUST 11, 1931.
AFTERNOON SESSION.

The Senate was called to order at 3:00 o'clock this afternoon by the President.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The following bills of the Senate were read the first time and referred to committees:

852

JouRNAL oF THE SENATE,

By Senator Moore of the 47th District-
Senate Bill No. 163. A bill to abolish the office of County Treasurer of Colquitt County.
Referred to Committee on Counties and County Matters.

By Senator Harris of the 18th District-
Senate Bill No. 164. A bill to amend the charter of the Town of Louisville.
Referred to Committee on Municipal Government.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President: Your Committee on Engrossing has read and approved
the following Senate Bills Nos. 96, 136, 138, and reports back as being ready for transmission to the House.
Respectfully suhmitted, PuETT, Chairman.

Senator Johnson of the 42nd 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:
House Bill No. 455.
House Bill No. 518.

TuEsDAY, AucusT 11, 1931.

853

Senate Bill No. 152.

Respectfully submitted, JOHN soN, Chairman.

Senator Wallace of the 28th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. President: Your Committee on Insurance has had under considera-
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:
By Senator McWhorter of the 50th DistrictSenate Bill No. 142. Respectfully submitted, WALLACE, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 102, 128, 140, 149, 150, and reports the same back as being ready for transmission to the House. Also Senate Resolution No. 48.
Respectfully submitted,
PuETT, Chairman.

Senator North of the 36th District, Chairman of the Committee on Corporations, submitted the following report:

854

JouRNAL oF THE SENATE,

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. 499.
House Bill No. 503.
Respectfully submitted,
NoRTH, Chairman.

Senator Weekes of the 34th District, Chairman of the Committee on Enrollment, submitted the following report:

Mr. President: Your Committee on Enrollment has read and approved
the following acts and resolutions, and reports that they are ready for transmission to the Governor:
No. 115. No. 10. No. 42.
Respectfully submitted, WEEKEs, Chairman.

The following bill of the Senate, favorably reported by the committee, was read the second time:

By Senator Reagan of the 35th District-
Senate Bill No. 152. A bill to amend the Act to establish a new charter for the City of Atlanta.

The following bills of the House, favorably reported by the committees, were read the second time:

TuEsDAY, AucusT 11, 1931.

855

By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 455. A bill to amend the charter of the City of Louisville.

By Mr. Wilson of Murray-
House Bill No. 518. A bill to amend the charter of the City of Chatsworth.

The following bills of the House were read the first time and referred to committees:

By Mr. Beaman of DeKalb-
House Bill No. 86. A bill to provide that mortgages and deeds to secure debt may be attested in the same manner as deeds of sale.
Referred to Committee on General Judiciary No. 2.

By Mr. Hutcheson of Walker and othersHouse Bill No. 146. A bill to amend an Act for the
protection of birds, fish, game. Referred to Committee on Game and Fish.
By Mr. Key of JasperHonse Bill No. 219. A bill to regulate outdoor advertis-
mg. Referred to Committee on Highways and Public Roads.
By Mr. Cain of CrispHouse Bill No. 363. A bill to amend an Act to create a
Board of Commissioners for Crisp County. Referred to Committee on Counties and County 1\fatters.

856

JouRNAL OF THE SENATE,

By Mr. Davis of Mitchell-
House Bill No. 425. A bill to amend the laws as to commitments to State Sanitarium.
Referred to Committee on State Sanitarium.

By Mr. Key of Jasper-
House Bill No. 510. A bill to repeal an Act incorporating the Town of Hillsboro.
Referred to Committee on Corporations.

By Mr. McRae of Fulton-
House Bill No. 528. A bill to amend an Act amending the Acts incorporating the City of Manchester.
Referred to Committee on Municipal Government.

By Mr. Freeman of Monroe-
House Bill No. 538. A bill to abolish the offices of Tax Receiver and Tax Collector of Monroe County; to create the office of Tax Commissioner.
Referred to Committee on Counties and County Matters.

By Messrs. Mardre and Cochran of Thomas-
House Bill No. 555. A bill to repeal an Act to establish Public Schools in the Town of Boston.
Referred to Committee on Education.

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 556. A bill to amend an Act to amend the charter of the City of Augusta.
Referred to Committee on Municipal Government.

TuEsDAY, AuGusT 11, 1931.

857

By Mr. Morris of Atkinson-
House Bill No. 560. A bill to amend an Act to create a new charter for the Town of Willacoochee.
Referred to Committee on Corporations.

By Mr. Griffeth of Oconee-
House Bill No. 562. A bill to amend an Act to incorporate the Town of Bogart.
Referred to Committee on Municipal Government.

By Mr. Cain of Crisp-
House Bill No. 569. A bill to amend an Act creating a new charter for the Town of Arabi.
Referred to Committee on Corporations.

The following resolution of the House was read the first time and referred to the Committee on Education:

By Mr. Thompson of Barrow-
House Resolution No. 54-352A. A resolution concerning the Public Schools of the Town of Winder.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Stewart of Coffee-
House Bill No. 499. A bill to amend an Act to create a new charter for the City of Douglas.

By Mr. Colson of Glynn-
House Bill No. 503. A bill to amend the charter of the City of Brunswick.

858

JouRNAL oF THE SENATE,

The committee's highway diversion amendment to House Bill No. 147, the General Appropriation bill, continued from the morning session today, was taken up for further consideration.
Senator Dekle of the fith District was called to the Chair.
Senator Pratt of the 'llst District called for the previous question on the committee amendment to Section 22, Part 1, Division :\.
The call was sustained.

The main question was put and sustained.

Senator Harris of the 18th District called for the ayes and nays, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Beck Bennett Cheatham Clements Courson Dekle Denton

Ducl,worth Hand Harris Horn Lazenby McKenzie Perkins

Pruett Tippins Wallace Waters Watson Whitehurst

Those votlng 111 the n ega tive were Sena tors:

Adkins Alexander Brock Davis Ennis Evans Fowler Jackson Johnson Jones

Knabb Langford McWhorter Martin Moore Neisler Nelson Nix North Peterson

The ayes were 20, the nays :)0.

Pratt Puett Reagan Richardson Smith Stark Strickland Weekes West Williams

The roll call was verified.

TuEsDAY, AucusT 11, 1931.

859

The President resumed the Chair.
The President requested the Secretary to read Rule 26, and the Rule was read.
The President announced that the committee amendment to Section 22, Part 1, Division A, was lost.
Senator McWhorter of the 50th District moved that the Senate reconsider its action in defeating the committee amendment to Section 22, Part 1, Division A. The motion was lost.

The following privileged resolutions were read and adopted:

By Senator Jackson of the 14th District-
A resolution to extend the privileges of the floor to the Hon. R. H. Peacock.

By Senator Harris of the 18th District-
A resolution extending the privileges of the floor to the Hon. E. Ryan Johnson of _-\ugusta.

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to the Hon. B. l\1. Grier of Athens.

By Senator \Veekes of the :34th District-
A resolution extending the privileges of the floor to Mrs. W. R. Simpson and to Mrs. Z. V. Peterson of DeKalb County.

By Senator Neill of the 24th District-
A resolution extending the privileges of the floor to the Hon. T. Hicks Fort of Muscogee County, and to Prof. R. B. Daniel of Columbus.

860

JouRNAL OF THE SENATE,

By unanimous consent, the Senate voted to adjourn.

The Chair announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

WEDNESDAY, AuGUST 12, 1931.

861

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, AuGusT 12, 1931.
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.
The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following resolution of the Senate was read the first time and referred to the Committee on Agriculture:
By Senator Hand of the 8th District-
Senate Resolution No. 56. A resolution that the Senate, the House concurring, oppose the sale of about 1,300,000 bales of cotton to Germany, and that a copy of this resolution be forwarded to the Federal Farm Board, and to United States Senators William J. Harris and Walter F. George.
The following bill of the Senate was read the first time and referred to the Committee on General Judiciary No.
2:
By Senator Watson of the 3rd District-
Senate Bill No. 165. A bill to prevent the abatement of actions ex-delicto where the tort feasor dies before suit.

862

} OURNAL OF THE SENATE,

Senator Ennis of the 20th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President:
Your Committee on Highways and Public Roads 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 B.ill No. 7 do pass as amended.
Senate Bill No. 156 do pass.
House Bill No. 219 do pass.
House Bill No. 65 do pass.
Respectfully submitted, E~Nis, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 79, 120 and reports the same back as being ready for transmission to the House.
Respectiully submitted,
PuETT, Chairman.

Senator Watson of the 3rd 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

WEDNESDAY, AucusT 12, 1931.

863

Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 148 do not pass. House Bill No. 5!J do pass.
Respectfully submitted, vVATso~, Chairman.

Senator Jackson of the 14th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

jVfr. 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:
House Bill No. 4c18. An Act to abolish the office of Tax Receiver and Tax Collector of Stephens County, do pass as amended.
Senate Bill ~o. Li7. An Act to abolish the office of Tax Receiver and Tax Collector of l\lilton County, do pass.
Respectfully submitted,
JACKSON Chairman.

Senator Stark of the 43rd 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:

864

JouRNAL oF THE SENATE,

House Bill No. 3. theW. & A. Rentals.

To be entitled an Act to discount
Respectfully submitted, STARK, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:

By Mr. Musgrove of Clinch-
House Bill No. 561. A bill to be entitled an Act to change the name of the Town of Homerville to the City of Homerville, and for other purposes.

By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to be entitled an Act to amend an Act to regulate the practice of the occupation of a barber, and for other purposes.

By Messrs. Davis and Mooty of Troup-
House Bill No. 113. A bill to be entitled an Act to reapportion members of the House of Representatives among the several counties in this State, according to the last census of the United States, and for other purposes.

By Mr. Whittle of Upson-
House Bill No. 431. A bill to be entitled an Act to amend an Act to regulate banking, and for other purposes.

Bv Messrs. Huddleston of Meriwether and Johnson of . Seminole-
House Bill No. 230. A bill to be entitled an Act to

WEDNESDAY, AucusT 12, 1931.

865

prescribe the manner in which salaries, costs and expenses of any department of the State!of Georgia shall be recorded, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following resolutions of the House and Senate, to-wit:
By Mr. Lewis of Hancock-
House Resolution No. 72. A resolution authorizing the lOth District A. & M. School to deed land, and for other purposes.
By Mr. Eckford of Fulton and othersHouse Resolution No. 25. A resolution extending the
authority and powers of the Western and Atlantic Railroad Commission, and for other purposes.

By Senator McWhorter of the 50th District-
Senate Resolution No. 20. A resolution giving assent of the State of Georgia to an Act of Congress of the United States for cooperative agricultural extension work.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the Senate by substitute as amended, to-wit:

866

JouRNAL oF THE SENATE,

By Senators McWhorter of the 50th District and Moore of the 47th District-
Senate Bill No. 33. A bill to be entitled an Act to propose to the people of the State of Georgia an amendment to the Constitution of the State so as to authorize the General Assembly to classify intangible property and forest lands for taxation, and for other purposes.

By Senator Watson of the 3rd District-
Senate Bill No. 18. A bill to be entitled an Act to amend an Act for the protection of birds, game, fish and fur-bearing animals, and for other purposes.

The following message was received from the House through Mr. Kingery, 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 Senator Williams of the 27th District-
Senate Bill No. G8. A bill to be entitled an Act to amend an Act to provide for a charter for the City of Monroe, Georgia.

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

Mr. President:
The House has passed by the reqUisite constitutional majority the following bills of the Senate, to-wit:

By Senator Dekle of the 6th District-
Senate Bill No. 125. A bill to be entitled an Act to amend an Act entitled "An Act to amend the original

wEDNESDAY, AuGUST 12, 1931.

867

Act creating the City Court of Valdosta, and all Acts amendatory thereof," and for other purposes.

By Senator Dekle of the 6th District-
Senate Bill No. 117. A bill to be entitled an Act to repeal an Act entitled "An Act to amend an Act entitled 'An Act to establish a Board of Commissioners of Roads and Revenues for the County of Habersham (Lowndes County)'," and for other purposes.

The following bills of the Senate, favorably reported by committees, were read the second time:

By Senators Harris d the 18th District and Duckworth of the 7th District-
Senate Bill No. 7. A bill to reorganize and reconstitute the State Highway Department.

By Senator McWhorter of the 50th District-
Senate Bill No. 142. A bill to amend the Code as to compensation of State Fire Inspector.

By Senator Jones of the 51st District-
Senate Bill No. 157. A bill to abolish the office of Tax Receiver and Tax Collector of Milton County; to create the office of Tax Commissioner.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Cochran of Thomas-
House Bill No. 54. A bill to provide an exemption of S15.00 per week to certain retired employees.

868

JouRNAL OF THE SENATE,

By Messrs. Battle of Muscogee and Allen of Baldwin-
House Bill No. 3. A bill to discount Western and Atlantic Railroad Rentals.

By Mr. Edwards of Stephens-
House Bill No. 448. A bill to abolish the offices of Tax Receiver and Tax Collector of Stephens County; to create the office of Tax Commissioner.

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

By Senator Reagan of .the 35th District-
Senate Bill No. 154. A bill entitled an amendment to authorize the City of Atlanta to borrow Sl,OOO,OOO.OO in any calendar year.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By .:VIr. Edwards of Gilmer-
House Bill No. 232. A bill to change the time of holding the Superior Court of Gilmer County.
Senator Pratt of the 41st District moved that the report of the committee, which was favorable to the passage of the bill, be disagreed to, and the motion prevailed, and the bill was lost.

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

WEDNESDAY, AucusT 12, 1931.

869

By Mr. Dorsett of Carroll-
House Bill No. 336. A bill to repeal the laws amending 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 42, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Sutton and Mattox of Colquitt-
House Bill No. 455. A bill to amend the charter of the City of Moultrie.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, the nays 0.
Th.:- bill having received the requisite constitutional majority was passed.

By Mr. Beaman of DeKalb-
House Bill No. 469. A bill to amend an Act creating DeKalb Division of the 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 43, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Stone of Early-
House Bill No. 490. A bill to repeal an Act to establish the City Court of Blakely.

870

JouRNAL oF THE SENATE,

Senator Adkins of the 9th District moved that the above bill, viz., House Bill No. 490, be read the second time and recommitted.
The motion prevailed.

The following bills of the House were read the third time and put upon their passage:
By Mr. Stewart of CoffeeHouse Bill No. 499. A bill to amend an Act to create
a new charter for the City of Douglas. The report of the committee, which was favorable to
the passage of the bill, was agreed to. On the passage of the bill, the ayes were 38, the nays 0. The bill having received the requisite constitutional
majority was passed.
By Mr. Colson of GlynnHouse Bill No. 503. 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 43, the nays 0. The bill having received the requisite constitutional
majority was passed.

By Messrs. Stanton and Bunn of WareHouse Bill No. 511. A bill to amend an Act to estab-
lish a new charter for the City of \Vaycross.
The committee offered the following substitute:

WEDNESDAY, AucusT 12, 1931.

871

A BILL
To be entitled an Act to amend an Act approved August 17, 1909, as amended by the Acts amendatory thereto, entitled "An Act to provide and establish a new charter for the City of Waycross in the County of Ware; and for other purposes," so as to fix a maximum ad valorem tax rate for said city; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
Section 1. That an Act approved August 17, 1909, entitled "An Act to provide and establish a new charter for the City of Waycross in the County of Ware; and for other purposes," as amended by the Acts amendatory thereto, be amended as follows:
"The Mayor and Aldermen, City Commission or governing body of said city shall have power to levy and collect an annual ad valor~m tax not to exceed ten mills on the dollar on all property, real and personal, within the corporate limits of said city, which is taxable under the laws of this Stat~, for the purpose of supporting, maintaining, and bearing the general expenses of the said city government, and an additional tax sufficient in amount on all of said property for paying the principal and interest of the public debt of the city. The term 'public debt' shall include only the authorized outstanding bonded indebtedness of said city and shall not include the current or casual deficiency indebtedness. The authority hereby conferred shall be exclusive of taxes authorized by law for the support and maintenance of the public schools of the said city."
Sec. 2. 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 by substitute, was agreed to.

872

JouRNAL OF THE SENATE,

On the passage of the bill by substitute, the ayes were
44, the nays 0.
The bill by substitute having received the requisite constitutional majority was passed.

By Mr. Pope of Toombs-
Hause Bill No. 509. A bill to provide for two terms a year of the Superior Court of Toombs County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the Senate was read the third time and put upon its passage:
By Senator Knabb of the 4th District-
Senate Bill No. a1. A bill to repeal the Code enumerat-
ing persons subject to 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 44, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bills of the House were read the third time and put upon their passage:
By Mr. \Villiams of Emanuel-
House Bill No. 484. A bill to place 750 names in jury boxes of certain counties.

WEDNESDAY, AucusT 12, 1931.

873

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Irvin of Meriwether-
Hause Bill No. 130. A bill to provide for compensation of registrars 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 43, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Thomas of Wayne-
House Bill No. 334. A bill to provide that certain county officers shall be ex-officio sheriff.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Clark of Catoosa-
House Bill No. 307. A bill to regulate the hours of voting 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 43, the nays 0.

874

JouRNAL oF THE SENATE,

The bill having received the requisite constitutional majority was passed.

The following resolutions of the House were read the first time and referred to committees:

By Mr. Eckford of Fulton and others-
House Resolution No. 25-191A. A resolution to extend the authority of the Western and Atlantic Railroad CommissiOn.
Referred to Committee on Western and Atlantic Railroad.

By Mr. Lewis of Hancock-
House Resolution No. 72. A resolution to authorize the lOth District A. and l\1. School to deed land.
Refered to Committee on the University of Georgia and its branches.

The following bills of the House were read the first time and referred to committees:
By Messrs. Davis and Mooty of Troup-
House Bill :-..Jo. 11:3. A bill to reapportion the members of the House of Representatives among the several counties.
Referred to Committee on Legislative Reapportionment.

By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to amend an Act to regulate the occupation of barbers.
Referred to Committee on Hygiene and Sanitation.

WEDNESDAY, AUGUST 12, 1931.

875

By Mr. Huddleston of Meriwether-
Hause Bill No. 230. A bill to prescribe the manner in which salaries, costs, expenses of any Department of the State shall be recorded.
Referred to Committee on State of the Republic.

By Mr. Whittle of Upson-
House Bill No. 431. A bill to amend an Act to regulate banking.
Referred to Committee on Banks and Banking.

By Mr. :Musgrove of ClinchHouse Bill No. 561. A bill to change the name of the
Town ofHomerville. Referred to Committee on Corporations.

Senator Neisler of the 23rd District asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read the second time, and recommitted, and the consent was granted:

By Senator Neisler of the 23rd District-
Senate Bill No. 160. A bill to regulate the security to be given by State Depositories.

Senator North of the 36th District asked unanimous consent that the following bill of the Senate be withdrawn from the committee, and the consent was granted:

By Senator North of the 36th District-
Senate Bill No. 148. A bill to prevent unfair competition and discrimination.

The following bill of the Senate, favorably reported by the committee, was read the second time:

876

JouRNAL oF THE SENATE,

By Senator Tippins of the 49th District-
Senate Bill No. 156. A bill to repeal the Code enumerating persons subject to road duty.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Howard of Chattahoochee-
House Bill No. 65. A bill to amend an Act to reorganize and reconstitute the State Highway Department.

By Mr. Key of Jasper-
House Bill No. 219. A bill to regulate outdoor advertising.

Senator Johnson of the 42nd District asked unanimous consent that the report of the committee, which was unfavorable to the passage of the following bill, be disagreed to, and the consent was granted:

By Senators Johnson of the 42nd District and McWhorter of the 50th District-
Senate Bill No. 55. A bill to relieve from taxation fuel used in tractors on farms.

Senator West_ of the 11th District asked unanimous consent that the following bill be withdrawn from the Committee on Hygiene and Sanitation and recommitted to the Committee on General Judiciary No. 1, and the consent was gran red:

By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to amend an Act to regulate the occupation of barber.

WEDNESDAY, AucusT 12, 1931.

877

Senator Weekes of the 34th District asked unanimous consent that the substitute to Senate Resolution No. 55, offered by Senators Evans of the 19th District and Weekes of the 34th District, at the morning session yesterday, be withdrawn. The consent was granted.
Senator Harris of the 18th District offered the following substitute to Senate Resolution No. 55:

A RESOJ,UTION
lf/hereas, on last Friday during the debate on the amendment to the General Appropriations Bill proposing to divert Highway funds the Senator from the 18th District charged that an employee of the Highway claimed that they had traded with eight members of the Senate to vote against the diversion of Highway funds.
Therefore, be it resolved by the Senate that the President of the Senate is hereby authorized and instructed to appoint a committee to be composed of three members of the Senate to investigate the correctness of said charge, and to investigate the charge that the Highway Department has attempted to influence the vote of members of the Senate by the promise of roads, jobs, or paving either by direct promise or by threats, and to fully investigate the political activities of the State Highway Department in the event that said committee finds that the Highway Department has been engaging in political activities.
Be it further resolved that said committee is hereby em-
powered to compel the attendance of witnesses and to compel them to testify on oath, including all members of the Senate, and to force the production of records and documents by subpoena duces tecum.
Sena tor Williams of the 27th District rose to a point of order.
Senator McWhorter of the 50th District moved that Senate Resolution No. 55, and the substitute offered by

878

JouRNAL oF THE SENATE,

Senator Harris of the 18th District, be tabled, and the motion prevailed.
The next business in order was consideration of Section 22, Part 1, Division A, of House Bill No. 147. A bill to make appropriations for the last half of the fiscal year 1931, and for the years 1932 and 1933.
Section 22 was adopted.
Senator Perkins of the 17th District moved that the Senate reconsider its action in adopting Subsection 13 of Section 89, Part 1, Division F, and the motion prevailed.
Senator Perkins of the 17th District offered to amend as follows:
By adding to the end of said Subsection 13, the following: "Provided, however, that none of the above appropriation shall be used for defraying the expenses of any committee visiting the chain-gangs of this State."
The amendment was adopted.
Section 89 as amended was adopted.
Senator Williams of the 27th District moved that the Senate reconsider its action in adopting Section 18, as amended, of Part 1, Division A, and the motion prevailed.
Senators Harris of the 18th District and Williams of the 27th District, moved to amend the Committee Amendment, Section 18, Subsection (a) by adding thereto the following:
"And that the further sum of $20,000.00 for the year 1932 be appropriated for the purpose of providing funds to carry on the development of Forestry with the understanding that $50,000.00 be donated for preliminary experiments for the use of pine timber, for the manufacture of white paper, news print and other products."
The amendment was adopted.

WEDNESDAY, AUGUST 12, 1931.

879

Section 18, as amended of Part 1, Division A was adopted.
Senator Dekle of the 6th District asked unanimous consent that the Senate reconsider its action in adopting Section 57, Part 1, Division B, and the motion prevailed.
Senator Ennis of the 20th District moved to amend House Bill No. 147 by striking from Section 57 the item for maintenance and inserting in lieu of the appropriation provided the sum of $97,750.00 for the year 1932 and $88,250.00 for the year 1933.
The amendment was adopted.

By Senator Ennis of the 20th District-
Senator Ennis of the 20th District moved to amend further that the following proviso be added: "Provided that of the above appropriation the sum of $8,250.00 for each of the years 1932 and 1933 rnay be used to pay for a sewerage system already constructed on the State farm."
The amendment was adopted.
Senators Courson of the 16th District and \Vatson of the 3rd District, moved to amend Section 57 of House Bill No. 147 by adding Subsection (b) thereto as follows:
(b) For the purpose of maintenance and operation of the new State Prison Farm S50,000.00 for 1932 and $25,000.00 for 1933.
The amendment was lost.
Section 57, as amended, of Part 1, Division B, was adopted.
Senator Dekle of the 6th District moved that the Senate reconsider its action in adopting Section 6 as amended, of Part 1, Division A, and the consent was granted.
The committee moved to amend Section 6, as amended, of House Bill No. 147 by adding to the proviso at the end thereof the following:

880

JouRNAL oF THE SENATE,

"Provided further that from this appropriation there shall be paid the salary of the State Auditor as fixed by law, Acts 1925, page 256; and the salaries of all other employees in such amounts as shall be fixed by the State Auditor."
The amendment was adopted.
Section 6, as amended, Part 1, Division A, was adopted.
Senator Dekle of the 6th District asked unanimous consent that the Senate reconsider its action in adopting Section 15, Part 1, Division A, and the consent was granted.
The committee offered to amend Section 15, Item (b) of House Bill No. 147 by striking the amount of $4,433,500.00 for the year 1932 and $4,406,000.00 for the year 1933 and inserting in lieu thereof the amount of $4,660,800.00 for the year 1932 and $4,505,300.00 for the year 1933.
The amendment was withdrawn.
The committee moved to amend Section 15, Item (b) of House Bill No. 147 by striking the amount of $4,433,500.00 for the year 1932 and $4,406,000.00 for the year 1933 and inserting in lieu thereof the amount of $4,524,750.00 for the year 1932 and $4,399,250.00 for the year 1933.
The amendment was adopted.
The committee moved to amend Section 15, Item (b) of House Bill No. 147 by striking in its entirety the proviso that reads as follows:
"Provided that out of the above amount appropriated $20,000.00 per annum shall be devoted to the holding of teachers institutes and training teachers in the service of the State under the direction of the State Superintendent of Schools."
The amendment was adopted.
Section 15, Part 1, Division A, as amended, was adopted.

WEDNESDAY, AucusT 12, 1931.

881

Senator Dekle of the 6th District, moved to amend House Bill No. 147 by adding a new section, to be numbered Section 8, Part 2, Division A, to read as follows:
"Section 8. Be it further enacted that the appropriations herein made shall be paid in full to the respective boards, bureaus, commissions, departments and agencies of the State, for which such appropriations are made, provided the revenue of the State for the years 1932 and 1933 is sufficient to pay such appropriations in full. In the event the revenue for either of the years 1932 and 1933 shall not be sufficient to pay all said appropriations in full for said year, the appropriations herein made for such year which are fixed by previous laws shall be paid in full; and the remaining appropriations herein made for such year shall, in the event of such deficit of revenue for either ~f said years, be reduced, and the same are hereby reduced, in the ratio that the amount of any such appropriation bears to the amount of the deficit for either of such years. In the event the appropriation for any board, bureau, commission, department or agency of the State shall be reduced, under this section, by reason of any deficiency in revenue for either of the years 1932 and 1933, the amount of the appropriation provided by this bill and remaining unpaid by reason of such reduction shall not constitute a claim against, or obligation of, the State of Georgia, but the status of any board, bureau, commission, department or agency of the State to which any such appropriation is herein made shall be the same as if only such reduced amount had been appropriated in this bill.,
The amendment was adopted.
Section 8, Part 2, Division A, as amended, was adopted.
The question was on the passage of the bill as amended, viz: House Bill 147.
The roll was called and the vote was as follows:

882

JouRNAL oF THE SENATE,

Those voting in the affirmative were Senators:

Adkins Beck Bennett Brock Cheatham Clements Davis Dekle Denton Duckworth Ennis Fowler Hand Harris

Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix Perkins

Peterson Pruett Puett Reagan Smith Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams

Those voting m the negative were Senators:

Alexander

Courson

North

On the passage of the bill as amended, the ayes were 42, the nays 3.

The bill having received the requisite constitutional majority was passed.

Senator Dekle of the 6th District asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.

Senator Fowler of the 39th District moved that the Senate disagree to the House amendment to the following bill, and that a conference committee be appointed, and the motion prevailed:
By Senator Watson of the 3rd District-
Senate Bill No. 18. A bill to protect birds, game, fish, and fur-bearing animals.
The President appointed as the committee, Senators Fowler of the 39th District, \Vatson of the 3rd District, and Strickland of the 1st District.

WEDNESDAY, AucusT 12, 1931.

883

Senator Duckworth of the 7th District asked unanimous consent that the action of the Senate in agreeing to House Amendment No.2, to the following bill be reconsidered, and the consent was granted:

By Senator Duckworth of the 7th District-
Senate Bill No. 4. A bill to abolish the offices of Tax Receiver and Tax Collector of Grady County; to create the office of Tax Commissioner.
Senator Duckworth of the 7th District asked unanimous consent that the following amendment to House Amendment No. 2 be adopted:
By adding at the end of said amendment the following words: By striking from line 5 of Section 8 the figures "$250" and inserting in lieu thereof the figures "$200."
The consent was granted, and House Amendment No. 2, as amended, was agreed to.

The following bill of the House was read the third time and put upon its passage:

By Mr. Huddleston of Worth and others-
House Bill No. 194. A bill to simplify the Executive Branch of the State Government by abolishing certain offices, Boards, Departments, Commissions and Institutions, and for other purposes.
Senacor Harris of the 18th District moved that the bill be considered by sections and articles, and the motion prevailed.

The following privileged resolutions were read and adopted:

884

JouRNAL OF THE SENATE,

By Senator Strickland of the 1st District-
A resolution extending the privileges of the floor to the Hon. 0. B. Strong of Savannah.

By Senators Puett of the 40th District and Duckworth of the 7th District-
A resolution extending the privileges of the floor to Mrs. W. L. Denton, wife of the Senator from the 38th District.

By Senator Harris of the 18th District-
A resolution extending the privileges of the floor to Dr. H. W. Shaw of Augusta.

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to Hon. L. S. Johnson of Royston.
Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion prevailed.
The Chair announced that the Senate stood adjourned until 3:00 o'clock this afternoon.

SENATE CHAMBER,
AucusT 12, 1931.
AFTERNOON SEsSION.

The Senate was called to order at 3:00 o'clock this afternoon by the President.

The roll was called and the following Senators answered

to their names:

Adkins Alexander
B~k
Brock Cheatham

Clements Courson Davis Dekle Duckworth

Ennis Evans Fowler Hand
Harris

WEDNESDAY, AucusT 12, 1931.

885

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler

Nelson Nix North Perkins Peterson Pratt Pruett Puett Reagan Richardson Smith

Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The following bill of the Senate was read the first time and referred to the Committee on Highways and Public Roads:

By Senators Hand of the 8th District and West of the 11th District-

I i.

Senate Bill No. 166. A bill to amend an Act providing

a Georgia System of State Roads.

The following resolution was read and adopted:

By Senator Williams of the 27th District-
Senate Resolution No. 57, as follows:
A JOINT RESOLUTION
Whereas, Georgia is to honor the native ability in her personnel of the two hundred years of her progress, from 1733 to 1933, and
Whereas, Georgia will celebrate its 200th anniversary in 1933, and
JVhereczs, one of the purposes of this celebration will be to inform, instruct, and inspire the people of Georgia,
Therefore be it resolved, by the Senate, the House con.-
curring, that the Governor is hereby authorized to appoint a committee of twelve to arrange for this celebration;

886

JouRNAL OF THE SENATE,

Be it further resolved, that this committee will have authority to approve plans for said celebration, and that suitable emblems be approved and provided,
Be it further resolved, that this committee be authorized to provide a Bronze Tablet with the Seal of the State and the Head of James Edward Oglethorpe thereon, to be presented to England at Westminister Abbey, London, in honor of and appreciation for the courage and magnamity of General Oglethorpe, the honored and beloved Founder of the State of Georgia.

Senator Johnson of the 42nd 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. 159.
Senate Bill No. 152.
Senate Bill No. 164.
House Bill No. 528.
House Bill No. 560.
House Bill No. 360.
Respectfully submitted,
JoHNsoN, Chairman.

Senator Weekes of the 34th District, Chairman of the Committee on Enrollment, submitted the following report:

WEDNESDAY, AucusT 12, 1931.

887

Mr. President:
Your Committee on Enrollment has read and approved the following acts and resolutions and has instructed me, as chairman, to report the same back to the Senate as being duly enrolled and ready for transmission to the office of the Governor:
Act No. 13.
Resolution No. 16.
Respectfully submitted,
\VEEKES, Chairman.

Senator Jackson of the 14th 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. 538. An Act to abolish the office of Tax Collector and Tax Receiver of Monroe County.
House Bill ~o. 363. An Act to create Board of Commissioners of County of Crisp.
Senate Bill No. 163. An Act to abolish the office o County Treasurer of Colquitt County.
Senate Bill No. 158. An Act to consolidate the Tax Receiver and Tax Collector of Lowndes County.
Respectfully submitted, JACKSON, Chairman.

888

JouRNAL OF THE SENATE,

Senator Peterson of the 15th 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 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. 112.
Senate Bill No. 145.
Respectfully submitted,
PETERSON, Chairman.

Senator Hand of the 8th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture 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. 56.
Respectfully submitted,
HAND, Chairman.

The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator Weekes of the 34th District-
Senate Bill No. 112. A bill to amend an Act for the regulation of fraternal benefit societies.

WEDNESDAY, AucusT 12, 1931.

889

By Senator Watson of the 3rd District and others-
Senate Bill No. 145. A bill to amend an Act creating the State Board of Public Welfare.

By Senator Tippins of the 49th District-
Senate Bill No. 159. A bill to amend an Act incorporating the City of Claxton.

By Senator Moore of the 47th District-
Senate Bill No. 163. A bill to abolish the office of County Treasurer of Colquitt County.

By Senator Harris of the 18th District-
Senate Bill No. 164. A bill to amend the charter of Louisville.

Senator McWhorter of the 50th District asked unanimous consent that the following bill be withdrawn from the committee, read the second time, and recommitted:

By Mr. Ross of Appling-
House Bill No. 1. A bill to create a Text Book Commtsswn.
The consent was granted.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Freeman of Monroe-
House Bill No. 538. A bill to abolish the offices of Tax Receiver and Tax Collector of Monroe County; to create the office of Tax Commissioner.

890

JouRNAL OF THE SENATE,

By Mr. Eckford of Fulton and others-
House Bill No. 360. A bill to amend an Act relating to firemen of cities.

By Mr. YicRae of Fulton-
House Bill No. 528. A bill to amend the Act incorporating the City of Manchester.

By Mr. Morris of Atkinson-
House Bill No. 5()0. A bill to amend an Act to create a new charter for the Town of Willacoochee.

By Mr. Cain of Crisp-
House Bill No. 363. A bill to amend an Act to create a Board of Commissioners for Crisp County.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Reagan of the 35th District-
Senate Bill 1\'o. 152. A bill to amend an Act to estaGlish a 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 45, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Dekle of the 6th District-
Senate Bill 1\'o. 158. A bill to consolidate the offices of Tax Receiver and Tax Collector of Lowndes County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, AucusT 12, 1931.

891

On the passage of the bill, the ayes were 45, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the House was read the third time and put upon its passage:

By Mr. Wilson of Murray-
House Bill No. 518. A bill to amend the charter of the City of Chatsworth.
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 47, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following resolution was read and adopted:

By Senator Hand of the 8th District-
Senate Resolution No. 56. A resolution that the Senate, the House concurring, protest the sale of 1,300,000 bales of cotton to Germany, and that a copy of the resolution be forwarded to the Federal Farm Board and to Senators
William J. Harris and Walter F. George.
Senator Pratt of the 41st District was called to the Chair.

The following bill of the House, continued from the morning session this day, was taken up for passage:
By Mr. Huddleston of Worth and othersHouse Bill No. 194. A bill to simplify the operations
of the Executive Branch of the State Government. Section 1 of Article 1 was adopted.

892

JouRNAL or THE SENATE,

Section 2 of Article 1 was adopted.
The President resumed the Chair.
Section 3 of Article 1 was adopted.
Section 4 of Article 1 was adopted.
Section 5 of Article 1 was adopted.
Section 6 of Article 1 was adopted.
Section 7 of Article 1 was adopted.
Section 8 of Article 1 was adopted.
Section 9 of Article 1 was adopted.
Senator Peterson of the 15th District moved to amend House Bill No. 194, Article II, Section 10, by adding at the end of said section the words: "by and with the advice and consent of the Senate."
The amendment was adopted.
Section 10 as amended was adopted.
Section 11 was adopted.
Senator Peterson of the 15th District moved to amend Section 12, Article 11, of House Bill No. 194 by striking the word "Superintendent" wherever the same may appear and inserting the word "Secretary."
The amendment was adopted.
Section 13 was adopted.
Senator Peterson of the 15th District moved to amend House Bill No. 194, Article III, Section 14, by striking the words "Georgia Medical Society" and inserting in lieu thereof the words "Medical Association of Georgia."
The amendment was adopted.
Senator Davis of the 31st District moved to amend House Bill No. 194, Article III, Section 14, line 5, by strik-

WEDNESDAY, AuGUST 12, 1931.

893

ing therefrom the words "July 1, 1933" and substituting therefor the words "January 1, 1936."
The amendment was adopted. Section 15 was adopted. Section 16 was adopted. Section 17 was adopted. Section 18 was adopted.

The following privileged resolutions were read and adopted:

By Senator Davis of the 31st District-
A resolution extending the privileges of the floor to the
Hon. L. Y. Irving of Cornelia.

By Senator West of the 11th District-
A resolution extending the privileges of the floor to the Hon. of Calhoun County.
Senator Dekle of the 6th District moved that the Senate adjourn, and the motion prevailed.
The Chair announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

894

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,

THURSDAY, AucusT 13, 1931.

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.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.

By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.

By unanimous consent, the following resolution of the Senate was read and adopted:

THURSDAY, AUGUST 13, 1931.

895

By Senator Bennett of the 5th District-
Senate Resolution No. 58. A resolution to indorse and commend the efforts of United States Senator William
J. Harris to prevent the sale of 1,300,000 bales of cotton
to Germany.

The following bills of the Senate were read the first time and referred to committees:

By Senator Neisler of the 23rd District-
Senate Bill No. 167. A bill to amend an Act regulating grading of apples and peaches.
Referred to Committee on Agriculture.

By Senators West of the 11th District and Harris of the 18th District-
Senate Bill No. 168. A bill to amend an Act prescribing methods of letting road and bridge work.
Referred to Committee on Highways and Public Roads.

By Senators Langford of the 22nd District and McWhorter of the 50th District-
Senate Bill Xo. 169. A bill to repeal an Act requiring bond for property levied on.
Referred to Committee on General Judiciary No. 2.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 144, 154 and reports the same back as being ready for transmission to the House.
Respectfully submitted, PuETT, Chairman.

896

JouRNAL OF THE SENATE,

Senator Neisler of the 23rd 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:

By Senator Neisler of the 23rd DistrictSenate Bill No. 160. Amending Section 1256 of the
Civil Code of 1910. Respectfully submitted, NEISLER, Chairman.

Senator North of the 36th District, Chairman of the Committee on Corporations, submitted the following report:
lvfr. President: Your Committee on Corporations has had under con-
sideration 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. 561.
House Bill No. 556.
House Bill No. 569. House Bill No. 510.
Respectfully submitted,
NoRTH, Chairman.

THURSDAY, AUGUST 13, 1931.

897

Senator Watson of the 3rd District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 has has 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. 86. Providing for execution of deeds and mortgages outside the State.
Senate Bill No. 165. To prevent the abatement of causes of actions in certain cases.
Respectfully submitted,
\VATsoN, Chairman.

Senator Johnson of the 42nd 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. 15:3.
Respectfully submitted,
JoHNsoN, Chairman.

Senator Johnson of the 42nd District, Chairman of the Committee on Municipal Government, submitted the following report:

898

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. 506.
House Bill No. 562.
Respectfully submitted,
joHNSON, Chairman.

Senator Jackson of the 14th 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 Bill No. 341. An Act to change from fee system the clerks of Superior Court in certain counties, do pass.
House Bill No. 417. An Act to repeal an Act creating a Board of Commissioners for Webster County, do pass.
House Bill No. 418. An Act to create an office of Commissioners of Roads and Revenues for webster County, do pass as amended.
Respectfully submitted,
JACKSON,. Chairman.

Senator Brock of the 44th District, Chairman of the Committee on Western and Atlantic Railroad, submitted the following report:

THURSDAY, AuGUST 13, 1931.

899

Mr. President:
Your Committee on Western and Atlantic Railroad 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. 25-191A.
Respectfully submitted, BROCK, Chairman.

Senator Ennis of the 20th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:

Your Committee on Highways and Public Roads 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. 60.

Respectfully submitted, ENNis, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:

By Mr. Horne of Lee-
House Bill No. 135. A bill to be entitled an Act to abolish the City Court of Leesburg in the County of Lee, and for other purposes.

900

JouRNAL oF THE SENATE,

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

Mr. President:
The House has agreed to the Senate amendment to the House amendment to the following bill of the Senate, to-wit:

By Senator Duckworth of the 7th District-
Senate Bill No.4. A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver in Grady County; to create the office of Grady County Tax Commission, and for other purposes.

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

Mr. President:
The House insists on its substitute and amendments to the following bill of the Senate, to-wit:

By Senator Watson of the 3rd District-
Senate Bill No. 18. A bill to be entitled an Act to amend an Act for the protection of birds, fish, game and furbearing animals, and for other purposes.

The Speaker has appointed as a Conference Committee on the part of the House the following:
Messrs. Mardre of Thomas.
Rosser of Walker, Fraser of Liberty.

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

THURSDAY, AucusT 13, 1931.

901

Mr. President:
The House has agreed to the Senate amendments to the following bills of the House, to-wit:

By Mr. Fraser of Liberty-
House Bill No. 283. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Liberty County; to create the office of County Tax Commissioner of Liberty County, and for other purposes.

By Mr. Osteen of Bryan-
House Bill No. 480. A bill to be entitled an Act to regulate fishing in the waters of Bryan County, and for other purposes.

The following message was received from the House through .Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqmslte constitutional rnajority the following bills of the House, to-wit:

By Mr. Thomason of Worth-
House Bill No. 357. A bill to be entitled an Act to prescribe the date from which the execution of sentences imposed in criminal cases shall be computed, and for other purposes.

By Mr. Eckford of Fulton-
House Bill No. 557. A bill to be entitled an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof, so as to provide a Civil Service Commission for said city, and for other purposes.

902

JouRNAL OF THE SENATE,

By Messrs. Myrick, Alexander, and Grayson of Chatham-
House Bill No. 582. A bill to be entitled an Act relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.

By Messrs. Davis and Lord of Jackson-
House Bill No. 581. A bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Jackson County, and for other purposes.

By 1\lessrs. Davis and Lord of Jackson-
House Bill No. 580. A bill to be en ti tied an Act to amend an Act entitled "An Act to establish the City Court of Jefferson" and all Acts amendatory thereof, and for other purposes.
By ~Iessrs. Lester and Lanier of Richmond-
House Bill No. 565. A bill to be entitled an Act to amend the charter of the City of Augusta so as to provide for and create the Augusta Canal Commission, and for other purposes.

By Messrs. Alexander, Grayson, and Myrick of Chatham-
House Bill No. 409. A bill to be entitled an Act to amend the several Acts relating to and incorporating the ~1ayor and Councilmen of the Town of Tybee, known as Savannah Beach, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Afr. President:
The House has passed by the reqms1te constitutional majority the following resolution of the House, to-wit:

THURSDAY, AUGUST 13, 1931.

903

By Mr. McRae of Fulton-
House Resolution No. 73-515A. A resolution to authorize the repayment of a bond forfeiture to S. M. Davis, surety; and for other purposes.

The following bills of the House, favorably reported by committees, were read the second time:
By Mr. Cain of CrispHouse Bill No. 569. A bill to amend an Act creating a
new charter for the Town of Arabi in the County of Crisp.
By 1\Ir. l\Iontgomery of WebsterHouse Bill No. 417. A bill to repeal an Act to amend
an Act to create a Board of Commissioners of Roads and Revenues for the County of 'Webster.
By Mr. Key of JasperHouse Bill No. 510. A bill to repeal an Act incorporat-
mg the Town of Hillsboro in the County of Jasper.
By ~lr. :\Iontgomery of WebsterHouse Bill No. '118. A bill to create the office of Com-
missioner of Roads and Revenues of the County of\\'ebster.
By .Mr. Beaman of DeKalbHouse Bill No. 86. A bill to provide that mortgages
and deeds to secure debt and bills of sale, executed within or without the State, may be attested in the same manner as is provided for deeds of bargain and sale.
By Messrs. Lanier, Lester, and Cartledge of RichmondHouse Bill No. 556. A bill to amend an Act amending
the charter of the City of Augusta.

904

JouRNAL OF THE SENATE,

By Messrs. Lester, Lanier, and Cartledge of Richmond-
House Bill No. 506. A bill to amend the Act creating a charter for the City of Augusta.

By Mr. Musgrove of Clinch-
House Bill No. 561. A bill to change the name of the Town of Homerville to the City of Homerville, and to incorporate the municipality heretofore known as the Town of Homerville in Clinch County under the name of the City of Homerville in the County of Clinch.

By Mr. Walker of Brooks-
House Bill No. 341. A bill to change from the fee to the salary system in certain counties in Georgia the clerks of the Superior Court.

By Mr. Griffeth of Oconee_:_
House Bill No. 562. A bill to amend an Act incorporating the Town of Bogart in Oconee County, to change the time of holding an election for the purpose of electing a mayor and four aldermen.

The following resolution of the House, favorably reported by the committee, was read the second time:

By Messrs. Eckford, McRae, and Still of Fulton, and Gullatt of Campbell-
House Resolution No. 25-191A. A resolution extending the authority and powers of the Western and Atlantic Railroad Commission.

The following bills of the Senate, favorably reported by committees, were read the second time:

THURSDAY, AucusT 13, 1931.

905

By Senator Reagan of the 35th District-
Senate Bill No. 153. A bill amending an Act to establish a new charter for the City of Atlanta.

By Senators Hand of the 8th District and West of the 11th District-
Senate Bill No. 166. A bill to amend an Act providing a Georgia System of State Roads.

By Senator Watson of the 3rd District-
Senate Bill No. 165. A bill to prevent abatement of causes of action ex delicto where the tort feasor dies before commencement of suit thereon.

The following bills of the Senate were read the third time and put upon their passage:
By Senator Moore of the 47th District-
Senate Bill No. 163. A bill to abolish the office ofCounty Treasurer 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 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Neisler of the 23rd District-
Senate Bill No. 160. A bill to amend the Act regulating the security to be given by 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 28, the nays 0.

906

JouRNAL oF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Senator Harris of the 18th DistrictSenate Bill No. 164. A bill to amend the charter of
Louisville. The report of the committee, which was favorable to the
passage of the bill, was agreed to. On the passage of the bill, the ayes were 37, the nays 0. The bill having received the requisite constitutional
majority was passed.
By Senator Tippins of the 49th DistrictSenate Bill No. 159. A bill to amend an Act incorporat-
ing the City of Claxton. The report of the committee, which was favorable i:o
the passage of the bill, was agreed to. On the passage of the bill, the ayes were 41, the nays 0. The bill having received the requisite constitutional
majority was passed.
By Senator Jones of the 51st DistrictSenate Bill No. 157. A bill to abolish the offices of
Tax Receiver and Tax Collector of l\lilton County; to create 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 41, the nays 0. The bill having received the requisite constitutional majority was passed.

THURSDAY, AucusT 13, 1931.

907

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

By Mr. McRae of Fulton-
House Bill No. 528. A bill to amend the laws incorporating 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 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Freeman of Monroe-
House Bill No. 538. A bill to abolish the office of Tax Receiver and Tax Collector of Monroe County; to create 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 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cain of CrispHouse Bill No. 363. A bill to amend an Act to create a
Board of Commissioners of Crisp 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

908

JouRNAL oF THE SENATE,

By Mr. Morris of AtkinsonHouse Bill No. 560. A bill to amend the Act creating
a new charter for the City of Willacoochee.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Eckford of Fulton and othersHouse Bill No. 360. A bill to amend an Act relating to
firemen of certain cities.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutiona I majority was passed.

Senator Neisler of the 2:3rd District asked unanimous consent that the following bill be immediately transmitted to the House, and the consent was gran ted:

By Senator Neisler of the 23rd District-
Senate Bill No. 160. A bill relating to the security to be given by State Depositories.

Senator \Vest of the 11th District asked unanimous consent that the following bill of the Senate be withdrawn from the committee, read the second time, and recommitted:

By Senators Hand of the 8th District and West of the 11th District-
Senate Bill No. 166. A bill to amend an Act to provide a Georgia System of State Roads.

THuRsDAY, AucusT 13, 1931.

909

The consent was granted.
SenatoriWilliams of the 27th District asked unanimous consent that the Senate agree to the following House amendment to Senate Bill No. 68, a bill concerning a new charter for the City of Monroe:
By striking the following from Section 1 of said bill, "Nor the salary of the Mayor, City Clerk or Superintendent of Water and Light Department be raised."
The consent was granted, and the amendment was agreed to.
Senator Williams of the 27th District asked unanimous consent that the Senate agree to the following House amendment to Senate Bill No. 69, a bill to abolish the offices of Tax Receiver and Tax Collector of\Valton County; to create the office of Tax Commissioner:
By adding the following words in Section 5 and between the words "and" in the sixth line of said section and the word "the" in said line, "Three Hundred Dollars of" and striking the words "Tax Commissioner" in line s~ven of said section and by adding the following to the end of said section, "Provided further that the Tax Commissioner shall pay all premiums for said office except the Three Hundred Dollars above provided."
The consent was granted, and the amendment was agreed to.

The following bill of the House was read the third time and put upon its passage:

By Mr. Edwards of Stephens-
House Bill No. 448. A bill to abolish the offices of Tax Receiver and Tax Collector of Stephens County; to create the office of Tax Commissioner.
The committee offered the following substitute:

910

JouRNAL OF THE SENATE,

A BILL
To be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County, Georgia; to create the office of Tax Commissioner of Stephens County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax receivers and tax collectors, when the provisions of this Act shall become effective, shall be of full force and effect as to the tax commissioner of said county so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax executions thereafter issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions that would be paid to or collected by the tax receiver and tax collector were it not for the provisions of this Act shall be collected by the tax commissioner herein provided for, and paid into a designated depository to the credit of Stephens County, Georgia; to provide for the election of said tax commissioner and the method of filling vacancies; to provide for giving bond; to provide for putting in to effect the Constitution of this State as contained in Article Eleven (11), Section Three (3), Paragraph One (1); to authorize the levy and collection .of a tax to pay said tax commissioner; 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 on and after January 1,1933, the office of Tax Receiver and Tax Collector of Stephens County, Georgia, are hereby abolished, and the duties of the two offices aforesaid, are hereby consolidated in to one office.
Sec. 2. Be it further enacted by the authority aforesaid, that the office of County Tax Commissioner of Stephens County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties and liabilities of the said offices of Tax Commissioner of Stephens County

THuRsDAY, AucusT 13, 1931.

911

shall be the same as the rights, duties and liabilities of the tax receiver and tax collector of said county, so far as the same are applicable.
Sec. 3. Said tax commissioner shall hold office for a term of four years, the first term beginning January 1, 1933, and ending December 31, 1936.
Sec. 4. Be it further enacted by the authority aforesaid that said tax commissioner shall be elected at the general election held in the State of Georgia in the year 1932, and at the general election each four years thereafter, in the same manner, time, and place as clerks of the Superior Courts are elected.
Sec. 5. Be it further enacted by the authority aforesaid, that said tax commissioner shall be commissioned and qualified as the clerks of the Superior Courts are.
Sec. 6. Be it further enacted by the authority aforesaid, that if a vacancy, for any cause occurs in said office of tax commissioner, it shall be filled in the following manner:
(a) If such vacancy occurs within six months of the expiration of the existing term, the Ordinary of Stephens County shall appoint some qualified person to discharge the duties of said office for the remainder of said term, whc shall be commissioned accordingly.
(b) If said vacancy occurs more than six months prior to the expiration of the existing term, the Ordinary shall appoint some qualified person to discharge the duties of said office until an election can be held to fill such vacancy, and it shall be the duty of the Ordinary of Stephens County to call a special election for the election of such commissioner to serve the remainder of said term, which election shall be held not sooner than thirty days and not later than sixty days after said vacancy occurs. Notice of such election to be given by publication in at least two issues of the official organ of Stephens County. The person

912

JouRNAL OF THE SENATE,

receiving1the highest number of votes in said special election shall be commissioned as such commissioner, and in the event of a tie, the Ordinary shall call another election as herein provided and fill the vacancy by appointment until the vacancy is filled by an election.
Sec. 7. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provisions of this Act shall become effective, and all tax executions theretofore issued by the Tax Collector of Stephens County, Georgia, shall have full force and effect, and shall be collectible as issued.
Sec. 8. Be it further enacted by the authority aforesaid, that all fees, commissions, costs, and all other compensations, allowed to the Tax Receiver and Tax Collector of Stephens County, Georgia, at the time this Act becomes effective or that might legally be allowed to such officers thereafter were it not for the provisions of this Act, shall be collected by such tax commissioner and paid in to the designated depository to the credit of Stephens County, Georgia.
Sec. 9. Be it further enacted by the authority aforesaid, that the compensation of the County Tax Commissioner of Stephens County, Georgia, for all duties performed by him as receiver and collector of State, County, School, District, and any and all other taxes, shall be the sum of One Thousand Six Hundred and Fifty Dollars ($1,650.00) annually, payable One Hundred Thirty-Seven ($137.50) Dollars and Fifty Cents monthly from the funds of said county, upon vouchers drawn as now provided for withdrawal of county funds.
Sec. 10. Be it further enacted by the authority aforesaid, that the County Commissioners of said county shall furnish to the County Tax Commissioner an office in the court house in said county, fuel for the same, and the necessary office equipment, stamps and stationery for the use of such office, and it shall be the duty of said officer

THURSDAY, AucusT 13, 1931.

913

to keep said office open every business day Ill the year except on such days as he may be required to be absent therefrom in taking tax returns and in the collection of taxes.
Sec. 11. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said County Tax Commissioner shall take the oath now prescribed by law for the tax collector and tax receiver, and shall also, at the same time, give bonds and security as follows:
(a) Bond and security, payable to His Excellency the Governor, and his successor in office in a sum equal to one-half of State taxes estimated to be due from Stephens County for the year for whi.ch said officer is required to give bond, to be filed by the Comptroller-General before being sent out to the county from the Executive Office and to be conditioned as bonds of tax collectors "for States taxes are now conditioned.
(b) Bond and security, payable to the Ordinary of Stephens County, Georgia, conditioned for the faithful performance of his duties as such County Tax Commissioner, in a sum to be fixed by said Ordinary, which said bond must be filed with and approved by said Ordinary and recorded as other officers' bonds.
The security on said bonds shall be a bonding company legally authorized to do business in the State of Georgia, and the premium on said bonds shall be paid from funds of Stephens County, Georgia, as part of the expense of the County Government. If said County Tax Commissioner shall fail and neglect to give and file said bonds as herein required within ten days from the time of entering upon the discharge of the duties of his office the County Commissioners of Stephens County shall declare a vacancy in said office, which vacancy shall be filled in the manner herein provided.

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JouRNAL oF THE SENATE,

Sec. 12. Be it further enacted by the authority aforesaid, that said tax commissioner shall perform each, every, and all of the duties now required of both the Tax Receiver and Tax Collector of Stephens County, Georgia, in the manner prescribed by law, shall be subject to all the pains and penalties, and have all the rights, powers and privileges of said two offices and officers, except compensation.
Sec. 13. Be it further enacted by the authority aforesaid that the County Commissioners of Stephens County are hereby authorized and empowered, for and in behalf of Stephens County, to levy and collect a tax on all taxable property in Stephens County, Georgia, sufficient to pay the salary of said tax commissioner and the expenses of his office as herein provided.
Sec. 14. Be it further enacted by the authority aforesaid, that all fees, commissions, percentages, and allowances paid by the State of Georgia to the tax receiver and the tax collector for receiving and collecting State taxes, when this Act shall become effective, shall be by said commissioner collected and paid into the designated depository to the credit of Stephens County; also all fees and costs allowed by law to the tax collector for issuing fi. fas. against delinquent tax-payers, when this Act shall become effective, shall be by said tax commissioner collected and paid into the designated depository to the credit of Stephens County. Said funds shall be withdrawn as other county funds are withdrawn.
Sec. 15. Be it further enacted by the authority aforesaid, that if any portion of this Act shall be held invalid the whole of this Act shall not thereby become void, but only so much of the same as may be declared invalid; the purpose of this Act being to put in to effect in Stephens County the provisions of the Constitution of this State as is contained in Article Eleven (11), Section Three (3)> Paragraph One (1).

THuRsDAY, AucusT 13, 1931.

915

Sec. 1G. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill by substitute, the ayes were 38, the nays 0.
The bill by substitute having received the requisite constitutional majority was passed.

The Senate resumed consideration of the following bill of the House continued from the previous session:

By Mr. Huddleston of Worth and others-
House Bill No. 194. A bill to simplify the operation of the Executive Branch of the State Government.
Senator West of the 11th District asked unanimous consent that the Senate reconsider its action on Section 1G, of Article 3, and the consent was granted.
Senators West of the 11th District and Tippins of the 49th District moved to amend House Bill No. 194, Article 3, Section 1() by adding at the end of said section the following:
"However, the Director may appoint not less than five nor more than ten persons to serve at his pleasure, to constitute and be the Advisory Board of Health to the Department of Health, provided that a majority of said board shall be doctors and that at least one member thereof shall be a dentist."
The amendment was adopted.
Sen a tor Jackson of the 14th District, President Pro Tern., was called to the Chair.
Senator Pratt of the 41st District moved the previous question, and the call was sustained.

916

JouRNAL oF THE SENATE,

The matn question was ordered and sustained.
Article 3 as amended was adopted.
The President resumed the Chair.
Senators Moore of the 47th District, Hand of thel8th District, and others moved to amend House Bill No. 194 by striking therefrom Article III in its entirety and renumbering the remaining sections appropriately.
The amendment was lost.
Senator Peterson of the 15th District moved to amend Article 4 by offering a substitute therefor, but was granted unanimous consent to withdraw the substitute.

Senator McWhorter of the 50th District and others moved to amend by striking Article IV of House Bill No. 194 and substitute in lieu thereof the following:

ARTICLE IV
DEPARTMENT OF FORESTRY AND GEOLOGICAL DEVELOPMENT
Section 19. Be it further enacted by the authority aforesaid, that there is hereby created a Department of Forestry and Geological Development to consist of a consolidation of the existing Departments of Forestry and Geology: said Department of Forestry and Geological Development to be under the direction of a Board to be known as the Georgia State Board of Forestry and Geological Development.
Section 20. The five (5) appointive members of the present State Board of Forestry shall, from and after the passage of this Act, be members of and are hereby retained as members of the State Board of Forestry and Geological Development until the expiration of the terms under which they are now serving. The Governor of Georgia shall, by virtue of his office, be chairman and president of said

THuRsDAY, AuGusT 13, 1931.

917

Board of Forestry and Geological Development, and immediately upon the passage of this Act the Governor shall appoint one additional member on said board for a term of six years representing the mineral resources of the State. At the expiration of each term of office of the six appointive members of said board the Governor shall fill such vacancies by appointing citizens of Georgia for six year terms on the Board of Forestry and Geological Development, so that said terms shall begin on the next day following the last day of the expired term, except that any mem her chosen to fill an unexpired term shall be appointed only for the unexpired term of the member whom he shall succeed. The board thus constituted shall be composed of the Governor and six citizens, and so far as possible all appointees shall be selected with reference to their knowledge of and interest in the production and use of forest and or mineral products in the industries of the State, and due consideration shall be given to the board membership with reference to geographical locatio:-1.
The meetings of said board shall be held quarterly at the State Capitol in Atlanta and at such other times and places that may be designated by the President. The board shall have a Secretary who will keep the minutes, accounts and records and consolidated budgets of the Department of Forestry and Geological Development.
The members of said board shall receive no compensation for their service as such, but they shall be reimbursed for their reasonable expenses while engaged in the performance of their duties as members of said board out of the funds appropriated by the Legislature upon the certificate of the Secretary of the board when approved by the Governor.
Section 21. It shall be the duty of the board to appoint a State Forester and a State Geologist and such assistants as may be necessary for such terms and with such qualifications of office as may be determined by the board to carry

918

JouRNAL OF THE SENATE,

out the provisions of this Act, through the most efficient and economical method by technically trained employees in the State Forest Service and the State Geological Survey.
Section 22. It shall be the duty of the board to inquire in to and make public reports upon the geological an.d forest conditions in Georgia, including economic and industrial surveys of soils, minerals and the effects of erosion, flood control and water-power. These reports shall be made to the Governor by the Secretary in the name of the board, and shall be given such distribution as the Board in its discretion may think feasible. It shall further be the duty of the b~ard to report to each regular session of the Legislature the results of its investigations with reference to forestry and geology, and to perform such other duties as may be imposed upon it by law in addition to the powers and duties imposed in Sections 24 and 25 of this Act.
Section 23. It shall be the duty of the board to encourage new markets for Georgia forest and geological resources through its efforts to bring new industries into the State, and as funds may become available to do special research work in the manufacture of wood pulp and cellulose within the State.
Section 24. The State Board of Forestry, established under and by virtue of an Act approved August 14, 1925, (Acts 1925, Page 199) is hereby abolished and all powers, duties and functions of said board are hereby transferred to the Department of Forestry and Geological Development. The offices appointive under said board are also ab0lished; the powers, duties and functions thereof are conferred upon said Department.
Section 25. The Board Advisory to the State Geologist, as established by the Laws of 1894, Page 111 (Section 1964, Code 1919), is hereby abolished. The powers, functions and duties of the State Geologist are hereby transferred to and vested in the said Department of Forestry .and Geological Development, and the office of State Geolo-

THURSDAY, AUGUST 13, 1931.

919

gist and his assistants established m pursuance of the Laws of 1889 are abolished.
The substitute was adopted.
Senator \Villiams of the 27th District moved to amend the substitute offered by Senator McWhorter of the 50th District and others, by adding the following:
The State Board of Fish and Game, established under and by virtue of an Act approved August 8, 1924 (Acts 1924, Page 101 et seq.) is hereby abolished and all the powers, duties, and functions of said board, are hereby vested in a Director of Game and Fish to be appointed by the Governor and whose term shall run concurrent with the Governor. Provided, however, that the present Game and Fish Commissioner shall serve out the term for which he has been elected.
The amendment was adopted.
Article 4 by substitute as amended was adopted.
Section 26, Article 5, was adopted.
Section 27, Article 5, was adopted.
Senator Peterson of the 15th District moved to amend Section 28, Article 5, by striking Section 28 and substituting a new section as follows:
"The terms of office for the ten members first appointed from the several Congressional Districts shall be as follows: Two shall be appointed for a term ending July 31, 1933, four for a term ending July 1, 19:~5, and four for a term ending July 1, 1937, and their successors shall be appointed for a full term of six years. The members from the State at large shall serve at the pleasure of the Governor."
Section 28 by substitute was adopted.
Section 29 was adopted.
Section 30 was adopted.

920

JouRNAL oF THE SENATE,

Section 31 was adopted. Section 32 was adopted. Section 33 was adopted. Section 34 was adopted. Section 35 was adopced. Section 36 was adopted.

The following privileged resolutions were read and adopted:

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to the Hon. David Arnold of Hampton.

By Senator Langford of the 22nd DistrictA resolution extending the privileges of the floor to the
Hon. Thos. J. Matthews of Pike County.

By Senators Davis of the 31st District and Nix of the 33rd District-
A resolution extending the privileges of the floor to the
Hon. J. Earnest Palmour of Gainesville.
Senator Harris of the 18th District moved that the Senate do now adjourn, and the motion prevailed.
The Chair announced that the Senate stood adjourned until 3:00 o'clock this afternoon.

THURSDAY, AUGUST 13, 1931.

921

SE::-;[ATE CHAMBER,
AuGusT 13, 1931.
AFTERNOON SEssiON.

The Senate was called to order at 3:00 o'clo:k this afternoon by the President.

The roll was called and the following Senators answet ed to their names:

Adkins Alexander Beck Bennett Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

Senator Duckworth of the 7th District, Chairman of the Committee on General Judiciary ~o. 1, submitted the following report:

Mr. President:

Your Committee on General Judiciary No. 1 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. 513, do pass by committee substitute. House Bill No. 155, do pass as amended.

Respectfully submitted, DccKWORTH, Chairman.

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JouRNAL oF THE SENATE,

Senator Neisler of the 2:3rd 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. 4:31.
Respectfully submitted,
NEISLER, Chairman.

Senator ~orth of the 36th District, Chairman of the Committee on Corporations, submittd the following report:
;Vfr. Presidwt:
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 p1ss:
House Bill No. 444.
House Bill No. 413.
Respectfully submitted,
NoRTH, Chairman.

Senator Bennett of the 5th District, Chairman of the Committee on Reapportionment, submitted the following report:
1Hr. President:
Your Committee on Reapportionment has had under consideration the following bill of the House and has in-

THURSDAY, AucusT 13, 1931.

923

structed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 113. Reapportioning the House of Representatives.
Respectfully submitted,
BEN~ETT, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills i\os. 4, 56, 57, 152, 158 and reports the same back as being ready for transmission to the House.
Respectfully submitted, PuETT, Chairman.

The following bills of the House, favorably reported by committees, were read the second time:
By Mr. Dorsett of CarrollHouse Bill No. 443. A bill to provide for the election of
Mayor and Councilmen of Carrollton.
By Mr. Dorsett of CarrollHouse Bill No. 444. A bill to repeal an Act relating
to the Clerk and Mayor of Carrollton.
By Messrs. Davis and Mooty of TroupHouse Bill No. 113. A bill to reapportion the members
of the House of Representatives.

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JouRNAL oF THE SENATE,

The following bills of the House were read the first time and referred to committees:

By Mr. Alexander of Chatham-
House Bill No. 409. A bill to amend the Acts incorporating the Mayor and Council of Tybee.
Referred to Committee on Municipal Government.

By Mr. Eckford of Fulton-
House Bill No. 537. A bill to establish a new charter for the City of Atlanta.
Referred to Committee on Municipal Government.

By 1\1essrs. Lester and Lanier of Richmond-
House Bill No. 5G5. A bill to amend the charter of the City of Augusta.
Referred to Committee on State of the Republic.

By Messrs. Davis and Lord of Jackson-
House Bill No. 580. A bill to amend an Act to establish the City Court of Jackson.
Referred to Committee on Special Judiciary.

By Messrs. Davis and Lord of Jackson-
House Bill No. 581. A bill to provide for holding four terms a year of the Superior Court of Jackson County.
Referred to Committee on Special Judiciary.

By 1\Ir. Myrick of ChathamHouse Bill No. 582. A bill to amend the Acts incorporat-
ing the Mayor and Aldermen of Savannah.
Referred to Committee on Municipal Government.

THuRsDAY, AuGusT 13, 1931.

925

By Mr. Thomas of Worth-
House Bill No. 357. A bill to prescribe the date from which execution of sentences m criminal cases shall be computed.
Referred to Committee on General Judiciary Number One.

The following resolution of the House was read tht first time and referred to the committee:
By Mr. McRae of FultonHouse Resolution No. 73-515A. A bill tG authorize
repayment of bond forfeiture to S. \V. Davis. Referred to Committee on Special Judiciary.

The following bills of the House, favorably reported by committees, were read the second time:
By Mr. Whittle of Upson-
House Bill No. 431. A bill to amend an Act to regulate banking.
By Mr. Evans of McDuffieHause Bill No. 513. A bill to repeal an Act establish-
ing the City Court of Thomson.
By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to amend an Act to regulate the occupation of barber.
The next business in order was consideration of House Bill No. 194, by Articles and Sections, continued from the morning session, and the question was on Section 37 of Article 5.

926

JouRNAL OF THE SENATE,

Section 37 was adopted.

Section 38 was adopted.

Section 39 was adopted.

Senator Peterson of the 15th District moved to amend Section 40, Article 5, by inserting after the word "deaf" in the first line, the words "together with the Board of Visitors thereof respectively" and by inserting after the figures "1416" in the second line the words and figures "and 1420."

The amendment was adopted.

Section 40, as amended, was adopted.

Senator Ennis of the 20th District moved to amend Section 41, Article 5, by striking Section 41 in its entirety.

The ayes and nays were called for, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Beck Bennett Cheatham Clements Davis Dekle

Ennis Langford McWhorter Nix North Pratt

Pruett Stark Strickland Wallace Waters

Those voting m the negative were Senators:

Adkins Alexander Brock Denton Duckworth
Fowler Horn Jackson Johnson

Knabb Lazenby McKenzie Martin Moore Neisler Nelson Perkins Peterson

Puett Reagan Richardson Tippins Watson Weekes West Whitehurst Williams

On the adoption of the amendment, the ayes were 17, the nays 27, and the amendment was lost.

THURSDAY, AUGUST 13, 1931.

927

Senator Ennis offered to amend Section 42, Article 5, but this amendment was nullified by the loss of the previous amendment.
Section 41 was adopted.
Section 42 was adopted.
Section 43 was adopted.
Senator Peterson of the 15th District moved to amend Section 45, Article 6, by adding at the end of said section the following: The name of the corporation heretofore established and existing under the name and style "Trustees of the University of Georgia" be and the same is hereby changed to Regents of the University System of Georgia.
The amendment was adopted.
Section 46 was adopted.
Senator Ennis of the 20th District moved to amend Section 47, Article 6, by adding a new Subsection to Section 47, to be known as Subsection (z) and to read as follows: (z) The Georgia l\Elitary College, ;'vlilledgeville, Georgia.
Senator Peterson of the 15th District moved to amend Section ~17, Article 6, Subsection (s),- by striking the word "Agricultural" therefrom.
The amendment was adopted.
Senator Dekle of the 6th District moved to amend Article G, Section 47, Line 18, Subsection (p) to read as follows:
Georgia State Women's College, Valdosta.
The amendment was adopted.
Section 48 was adopted.
Senator Peterson of the 15th District moved to amend Section 49, Article 6, by striking that portion of said section beginning with the first words of said section and ending

928

JouRNAL oF THE SENATE,

with the words "Provided that" at the beginning of the third sentence of said section.

The amendment was adopted.

Senator Peterson of the 15th District moved to amend Section 50, Article 6, by inserting after the words "exofficio" at the end of the second sentence of said section the words "a member of said board."

Senator McWhorter of the 50th District moved to amend Article VI, Section 50 of House Bill No. 194 by striking lines 1, 2, 3 and the word ex-officio in line 4 and substituting in lieu thereof the following:

"The Board of Regents shall be composed of twelve members appointed by the Governor and confirmed by the Senate, two from the State at large and one from each of the Congressional Districts. The Governor shall also be a member ex-officio. The members shall be selected upon the following basis:

"Three, because of their special trammg qualifications, experience and fitness to represent the liberal arts, and these three members shall constitute an executive committee for this type of education; three, because of their special training, qualifications, experience and fitness to represent agriculture, and these three shall constitute an executive committee for agricultural teaching, research and extension; three, because of their special training, qualifications, experience and fitness to represent industries and technological training, and these three members shall constitute an executive committee for this type of education; three, because of their special training, qualifications, experience and fitness to represent teacher-training, and these three members shall constitute an executive committee for this type of education. Immediately upon the organization of the Board of Regents they shall de-

THURSDAY, AucusT 13, 1931.

929

termine and designate the institutions constituting the four major groups indicated above."
The amendment was lost August 13, 1931.
Senator McWhorter of the 50th District moved to amend Article VI, Section 51 of House Bill No. 194 by striking the word "one" in line three and inserting in lieu thereof the word "two," and by striking the word "he" in line four and inserting in lieu thereof the word "they," and by striking the word "one" in line eight and inserting in lieu thereof the word "two," and by striking the word "his" in line nine and inserting in lieu thereof the word "their."
The amendment was withdrawn August 13, 1931.

SUBSTITUTE AMENDMENT
Senator Pratt of the 11lst District moves to amend Article 6 of said Act, by striking from said bill the whole of said Article G, Sections 45 to and including Section 75, and by substituting in lieu thereof, Article 6, Sections 4S to and including Section 75, to read as follows:

ARTICLE VI
BoARD oF REGEKTS
Section 45. Be it further enacted by the authority aforesaid that there is hereby set up and constituted a body corporate to be known as the "Board of Regents for the Higher Educational Units of the University System of Georgia."
Section 46. The Higher Units of the University System of Georgia shall consist of the University proper, as at Athens, the College of Agriculture at Athens and the School of Technology at Atlanta.
Section 47. The secondary branches of the University of Georgia shall be, and consist of the following:

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JouRNAL oF THE SENATE,

(a) South Georgia Teachers College, Statesboro. (b) Georgia State College for men, Tifton. (c) State Agricultural and Normal College, Americus. (d) 4th District A. & M. School, Carrollton. (e) Georgia Vocational and Trades School, Monroe. (f) Georgia Industrial College, Barnesville. (g) 7th District A. & M. School, Powder Springs. (h) 8th District A.. & l\1. School, Madison. (i) ~lth District A. & lVI. School, Clarksville. (j) lOth District A. & M. School, Granite Hill. (k) South Georgia State College, Douglas. (1) l\liddle Georgia College, Cochran. (m) Bowdon StateNormal and Industrial College. (n) State Woman's College, Valdosta. (o) State Teachers College, A.thens. (p) State Medical College, Augusta. (q) ::\orth Georgia Agricultural College, Dahlonega. (r) School of Agriculture & ;\Iechanical Arts, Forsyth. (s) Georgia Industrial & )Jormal College, Albany. (t) Georgia Industrial & ~ormal College, Savannah. (u) Georgia Experiment Station, Griffin. (v) Coastal Plains Experiment Station, Tifton. (w) The Georgia State College for Women, Milledgeville. (x) Georgia Military College, Milledgeville. Section 48. The government of the said higher educational units of the University of Georgia is vested in a Board of Regents.

THURSDAY, AucusT 13, 1931.

931

Section 49. Said Board of Regents shall be a body corporate and politic known as "Board of Regents for the higher educational units of the University System of Georgia," by which they shall have perpetual succession, have and use a common seal, and be a. person in law, able to plead and be impleaded, to hold and acquire real and personal property, with power to lease and otherwise manage the same for the good of the said institutions. All money or property granted by the State or given by individuals for the advancement of learning in general or to the aid of any particular school in said system, is in such board as trustees. Provided that any trust fund or property real, personal or mixed, that may have been heretofore created by will or otherwise as a fund or gift or donation or devise to any Board of Trustees of any of the institutions mentioned in Section 46, Article 6, of this Act, or to any executor or trustee to and for the use, benefit or behoof of any such institutions shall not lapse by virtue of any of the provisions of this Act, but the same shall remain valid and of full force and eflect, and such beneficial in tcrest under any such deed of gift or will or other conveyance shall vest in said Board of Regents as trustee to and for the use, benefit and behoof of the institution intended to be benefited by said gift, devise or other conveyance in its favor, said Board of Regents in any case where provisions of any deed of gift, or will or other conveyance hereinbefore referred to require a trustee, and no trustee shall in any contingency exist, said Board of Regents shall be and become a substituted trustee to carry out the beneficial purpose of said gift, devise or conveyance.

Section 50. The Board of Regents shall be composed of fifteen members, fourteen of whom shall be primarily appointed by the Governor and confirmed by the Senate. The Governor shall be ex-officio. No person shall be a member of said board who at the same time holds any official position with either of the higher educational units named in Section 46, Article 6, of this Act, nor shall any

932

JouRNAL oF THE SENATE,

person be eligible for membership on said board who is employed by any school book publishing company. At the expiration of the terms of the members of the board to be primarily appointed and confirmed as hereinabove provided, the Board of Regents shall be a self perpetuating body; that is to say, as the terms of the members of said board expire the board itself shall elect successors to fill each said vacancy. In the primary appointments to the board as provided herein, the Governor shall select the members thereof not with reference to the Congressional Districts of the State but rather with reference to the probable fitness, efficiency and loyalty of said membership. Primary consideration shall be given by the Governor to the personnel of the present Board of Trustees of the three institutions of higher learning as named in Section 46, Article 6, of this Act, but not more than five members from the present board of the University as at Athens nor more than five from the present board of the School of Technology nor more than four from the present board of the "-\gricultural College shall be appointed to the Board of Regents.
The Board of Regents shall meet at least once a year at such time as may be named by them at each of the institutions subject to their jurisdiction as named herein.
The board shall organize three Executive Committees, each to be composed of three members of its body, who shall meet with the President of each of the institutions named in Section 46, Article 6, of this Act four times each year, these meets to be held at the respective institutions named. The board itself shall appoint a chairman for each of these Executive Committees and fix the dates of their meetings. The said Executive Committees shall keep minutes of their proceedings, and unless otherwise specifically instructed by the board, shall have and exercise the powers of the board at their respective meetings when the board is not in session, subject, however, to the provision that the Executive Committee proceedings, a

THuRsDAY, AuGusT 13, 1931. .

933

evidenced by their minutes, shall be submitted to the next meeting of the full Board of Regents to be approved (or disapproved) by said board.
Called meetings of the board and, or, the Executive Committee thereof, may be held at the call of their respective chairman.
Section 51. The terms of office of the members of said Board of Regents shall be as follows:
Three shall be appointed by the Governor, with the consent of the Senate, for terms ending July 1, 1933. Three shall be so appointed and confirmed for terms ending July 1, 1~135. Four shall be appointed and confirmeLl for terms ending July 1, 19:)7, and four shall be appointed and confirmed for terms ending July 1, 19:)9. Thereafter their successors shall be elected by the Board of Regents for terms of six years.
Section 52. In case of the death or resignation of any member of the Board of Regents the board shall fill such unexpired term by election.
Section 53. The Board of Regents shall elect one of their members Chairman, and one as Vice-Chairman.
s~ction 34. The Board of Regents may elect a secretary, not a member thereof, for such terms and salary as it may fix, ancl, or, an assistant secrc-tary ai: each of the institu-
tions named in Section 4G, .-\rticle n, of this Act, resident
at and already employed at the said instit~1tions respectively. The said secrecary or secretaries, if and when elected by the board, shall give good and sufficient bond in the discretion of the board, and payable to the said board, for the faithful performance of duties and for the faithful accounting of all funds passing through their hands. Surety on said bond or bonds to be a surety company duly qualified to do business in this State, and said board may pay out of funds coming into its hands the premiums for said bond or bonds.

934

JouRNAL OF THE SENATE,

Section :J;J. The Board may establish such rules and regulations for their own direction as they rna y deem proper, may fix the term of office 'Jf their Chairman, their Vice-Chairman, and their Secretaries, and are vested with all of the powers, privileges and rights vested in former Boards of Trustees of the said units of the U ni versi ty of Georgia, named in Section 4(i of Article () of this Act, and they are charged with all of the duties, obligations and responsibilities incumbent upon and/or pertaining to said former boards.
Section 5G. It shall be the duty of the members of the Board of Regents to attend all meetings of the Board so as to take part in its deliberations and should any regent, be engaged at the time of any meeting of the Board as counsel or party in any case pending in the courts of this State, and should such case be called for trial during any regular session of said Board, his absence to attend such session shall be good grounds for a postponement or continuance of the case until the session of the Board shall have come to an end.
Section 57. The office of anv member of the Board shall be vacated if he neglects to fun~ish a good and satisfactory excuse in writing to the Board on or before the clay of its meeting for absence from t\vo consecutive meetings of the Board. If any member, for any cause, fails to attend three consecutive meetings of rhe Board, without good and valid excuse and/or without leave of absence from the chairman or, if chairman for anv cause cannot act, from the vice-chairman of said Boar.d, his office shall be declared vacant by the Board and the Secretary shall in either event notify the chairman of said vacancy in the Board, and the Board shall fill the same as provideJ by this Act.
Section 58. The members of the Board and/or, the Executive Committees thereof shall each receive the sum of S7 .00 for each da v of actual attendance at the meet-
ings provided for he;ein in lieu of expense incurred in

THURSDAY, AucusT 13, 1931.

935

connection therewith and also actual cost of transportation to and from the places of meeting at the respective institutions, by the nearest practical route from their respective homes, such expense and mileage to be paid by the State Treasurer out of the funds of the State by executive warrant on presentation of vouchers by the members of the Board, approved by the chairman or vicechairman of the Board and signed by the secretary. The members of the Board shall receive no emolument or compensation for their services as such members.
Section 59. The Board of Regents shall submit to the Governor annually reports of their transactions, together with such information as is necessary to show the condition of the said units of the University System of Georgia, with such suggestions as it may deem conducive to the good of the same and the cause of higher education in the State.
Section GO. The Board of Regents shall have power: 1st, to make such reasonable rules and reg:1lations as are necessary for the performance of its duties; 2nd, to elect or appoint p:-ofessors, educators, stewards or any other officers necessary for the said institutions as may be authorized by the General Assembly of this State, to discontin~rc or remove them, as the good of the institutions may require, and to fix their compensations; 3rd, to exercise any power usually granted to such corporation, necessary to its usefulness which is not in conflict with the constitution and laws of this State.
Section G1. When said Board of Regents shall receive any moneys by way of appropriation, gift or otherwise, for the use or benefit of the particluar institutions named in Section "16, Article (), of this Act, over which they have control, the Board shall pay the same to the State Treasurer, who shall hold said moneys for the benefit of the particular institution so named and the same shall be paid out only for the benefit of the said named institution.

936

JouRNAL OF THE SENATE,

Section G2. The present Board of Trustees or Directors and/or the treasurers thereof of the said units of the University of Georgia, named in Section 46 of Article 6 of this Act are herebv directed to turn back into the State Treasury all funds. remaining on hand from any source and the secretaries of said Board are directed to deliver to the Board -of Regents all records in their custody or control concerning said institutions and Boards.
Section G3. The Boards of Trustees of the University of Georgia as at Athens, the Agricultural College at Athen.s and the School of Technology at :-\tlanta are hereby abolished.
Section 61. The management and government of the institutions named in Section 11G of Article G of this :-\ct is hereby vested in the Board of Regents.
Section G5. The powers, rights, privileges and duties heretofore vested in and exercised by the Boards of Trustees of the said institutions named in Section 4() of A.rticle 6 of this Act are hereby vested in the Board of Regents, and all laws now existing, pertaining to the powers and or duties of the present Boards of Trustees of the same shall be applicable to the Board of Regents as successors t(J said Board of Trustees except where repealed herein expressly or by implication.
Section GG. The title to all real, perse)nal and mixed property of whatever nature, now held by the Trustees of the said institutions shall vest in "The Board of Regents for the higher educational units of the University System of Georgia" to be held by said Board in trust for the benefit and use of the same subject to the provisions of Section 73 hereinafter.
Section G7. The Board of Visitors for the Universitv of Georgia, as provided for in the Acts of 1887, page 67, approved October U, 1887; :-\cts of 1900, page 79, approved December 18, 1900; and :\cts of 189,1, pp. 63, 61, approved December 18, 1894; is hereby abolished.

THuRsDAY, AucusT 13, 1931.

937

Section 68. All Acts of the General Assembly relative to the University of Georgia and its branches in force at the time of the adoption of this Act, if not embraced herein and not inconsistent with what is so embraced, are still of force.
Sec. 69. All of the powers, duties, privileges and rights heretofore by law vested in the Board of Trustees or Directors of the institutions named in Section 46 of Article 6 of this Act are hereby vested in the Board of Regents, and all laws now existing pertaining to the powers or duties of said separate Boards of Trustees or Directors shall be applicable to the Board of Regents as successors to each of said separate Boards of Trustees, except where repealed herein expressly or by implication.
Section 70. That title to all real, personal and mixed property of whatever nature now held by the Boards of Trustees or Directors of each of the institutions named in Section 46 of Article 6 of this Act shall vest in the Board of Regents to be held by said Board in trust for the benefit and use of the institutions entitled thereto, it being the purpose and intent of the Legislature that the Board of Regents shall hold title to the property or assets of each institution, so that each institution shall receive the use and benefit of the property devoted to its use, and in no event shall the property or assets of one institution be subject to the liabilities or obligations of any other institution; provided, however, that this restriction shall not prevent the Bo?-rd of Regents from utilizing the facilities, educational or otherwise, of one school for the advance or assistance of another.
Section 71. When moneys or properties are appropriated by the Legislature or received from any other source by the Board for the use and benefit of any particular institution as named in Section 46 of Article 6 of this Act the said Board, unless directed otherwise by the General Assembly, shall not use said moneys or properties

938

JouRNAL OF THE SENATE,

except for the benefit of the institution for whose use the moneys or property was appropriated or donated.
Section 72. The State Treasurer is hereby directed out of any unexpended appropriati::m to the institutions named in Section 46 of Article 6 of this Act to pay to the Board of Regents thereof, at periods and times now provided by law such sums as may be requisitioned by said Board and as may be approved by the Governor, upon warrants of the Governor, to and for the use of said institutions or any or each of them, respectively.
All money or sums of money payable under the provisions of this section to said Board of Regents shall be paid to an official elected or appointed by said Board, which said official shall on or before entering upon the discharge of his duties give good and solvent bond with a surety company qualified to do business in this State as surety for the faithful performance of his duties and faitl.ful accounting for all moneys coming into his hands as such official, which bond shall be payable to the said Board of Regents. The premium for which may be paid out of funds lawfully coming into the hands of said Board.
The Board of Regents, however, in their discretion, may authorize local treasurer of any of the Educational Institutions to retain such fees and matriculation fees as they deem proper to facilitate the prompt payment of incidental expenses of said institution, strict account being made to the Board of Regents as to all such receipts and expenditures.
Section 73. The said Board of Regents shall carry out the purposes and intent of the various Acts creating the institutions, named in Section ll\ of .-\rticle () of this :-\ct, it not being the intent of this Act to repeal any of the laws creating said institutions or defining their functions, but merely to abolish the separate Boards of Trustees or Directors, of said institutions and place the management and c0ntrol of said institutions in one Board, with all

THcRsDAY, AuGUST 13, 1931.

939

of the powers formerly vested in the several Boards of Trustees or Directors except such powers and duties expressly or by implication repealed.
Section 74. All Acts of the General Assemblv relative to each of the institutions named in Section 46 ~f Article 6 of this Act in force at the time of the adoption of this Act, if not embraced herein and not inconsistent with what is so embraced, are still of force and effect.
Section 75. The secondary branches of the university svstem as named in Section 47 of Article 6 of this Act shall c~ntinue to be governed by their respective Boards of Trustees and, or, Boards of Control.
Section 51 was adopted.
Section 52 was adopted.
Section 53 was adopted.
Senator McWhorter of the 50th Senatorial District moved to amend Article VI, Section 54 by striking lines 1, 2, 3 and part of 4 including the word "capitol" and inserting in lieu thereof the following:
"The said board shall elect the present Secretary-Treasurer of the Board of Trustees of the University of Georgia as Secretary of the Board of Regents of the University of Georgia and its branches. The duties of the Secretary shall be defined by the Board. He shall maintain an office at the University of Georgia in Athens, Georgia, which shall be the headquarters of the Board of Regents for the University of Georgia and its branches."
The amendment was lost.
Section 54 was adopted.
Senator West of the 11th District was called to the Chair.
Senator Beck of the 37th District moved to amend :Section 55 by adding at the end of said section "The Board

940

JouRNAL oF THE SENATE,

of Regents shall assume all debts, con tracts and obligations of each local board of each branch of the University."
The amendment was lost.
Section 55 was adopted.
Section 56 was adopted.
Senator Harris of the 18th District moved that when the Senate adjourns today, it shall stand adjourned until 9:00 o'clock tomorrow morning.
The motion prevailed.
Senator vVilliams of the 27th District moved that the Senate reconsider its action in making 9:00 o'clock A. M., the hour of convening tomorrow.
The motion was lost.
Senator Dekle of the 6th District moved that the Senate adjo:1rn, and the motion prevailed.
The Chair announced that the Senate stood adjourned until 9:00 o'clock tomorrow morning.

FRIDAY, AuGusT 14, 1931.

941

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, AuGusT 14, 1931.
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 Reverend Ellis A. Fuller, Pastor of the First Baptist Church of Atlanta.
By unanimous consent, the roll call was dispensed with. The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
By unanimous consent, the following bill of the Senate was withdrawn from the committee, read the second time, and recommitted to the committee:
By Senator Neisler of the 23rd DistrictSenate Bill No. 167. A bill to regulate the grading of
peaches and apples. Senator Harris of the 18th District asked unanimous
consent that the Senate reconsider its action in passing the following bill, and the consent was granted, and the bill was restored to the calendar:
By Mr. Eckford of Fulton and others-
House Bill No. 360. A bill to amend an Act relating to firemen of cities.

942

JouRNAL oF THE SENATE,

The following bills of the Senate were read the first time and referred to committees:

By Senator Williams of the 27th District-
Senate Bill No. 171. A bill to require all Public Utility Corporations to file inventory of their properties.
Referred to Committee on Public Utilities.

By Senator Reagan of the 35th District-
Senate Bill No. 170. A bill to provide for the registration of licenses of Dentists.
Referred to Committee on Hygiene and Sanitation.

By Senator Harris of the 18th District-
Senate Bill No. 172. A bill to create a Board of Aeronautics.
Referred to Committee on State of the Republic.

By Senator Reagan of the 35th District-
Senate Bill No. 173. A bill to authorize commissioners of certain counties to supplement funds for Boards of Education.
Referred to Committee on Counties and County Matters.

By Senator Perkins of the 17th District, and others-
Senate Bill No. 174. A bill to provide how the road law may be suspended in any county.
Referred to Committee on Highways and Public Roads.

Senator Brock of the 44th District, Chairman of the Senate Committee on Western and Atlantic Railroad, submitted the following joint report of the committees of the Senate and House on the vVestern and Atlantic Railroad:

FRIDAY, AuGusT 14, 1931.

943

JOINT REPORT OF THE WESTERN AND ATLANTIC RAILROAD COMMITTEES OF THE SENATE AND HOUSE OF REPRESENT-\TIVES
1931
Members of the respective committees made an inspection of the Western and Atlantic Railroad including the terminal properties in Atlanta and Chattanooga July 24 and 25, 1931.
Since the 1929 Session of the General Assembly, The Nashville, Chattanooga and St. Louis Railway, lessee of the \Vestern and Atlantic Railroad, has completed and put in operation a new passenger station in Atlanta with all necessary facilities wholly on the property of the State. The building itself has a pleasing architectural effect and is modern and complete in all its details. The total expenditures by the lessee, including buildings, tracks, sheds, etc., are in excess of one half million dollars.
The committee reports that it found the physical condition of the road excellent and believes that the statement of the engineer of the State that the road is being maintained fully up to the requirements of the lease Act of 1915 is correct.

In inspecting the Chattanooga terminals the committee had in mind criticisms openly expressed by certain citizens of Chattanooga as to the condition of buildings and the absence of improvements on the non-railroad property which is included in the lease contract to The ~- C. & St. L. Railway dated :\lay 11, 1917. While it is admitted that the present conditions are not as satisfactory as they would be if the property were improved with modern struc-
tures, the matter is not directly anything that the State of Georgia can take action on. It is in the hands of the lessee.

944

JouRNAL OF THE SENATE,

At a Jomt session of the committee held in the Hotel Patten on the morning of July 25 the State's engineer made a brief statement covering the history of the W. & A. R. R. and other facts connected with the property. It is the opinion of the committee that the State has a splendid asset in the Western and Atlantic Railroad.
BENT. BROCK,
Chairman of Senate Committee
CHAS. J. MEREDITH,
Chairman of House Committee.

Senator Ennis of the 20th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:
Mr. President:
Your Committee on Highways and Public Roads 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. 49 do pass by committee substitute.
Senate Bill No. 166 do pass as amended.
Respectfully submitted, ENNis, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 163, 16( 157, 69,. 159, 160,

FRIDAY, AuGusT 14, 1931.

945

68, and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

Senator McWhorter of the 50ch District, Chairman of the Committee on Education, submitted the following report:
Mr. President:
Your Committee on Education has had under consideration the following bills of the 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. 466.
House Bill No. 555.
Respectfully submitted,
McWHORTER, Chairman.

Senator Reagan of the 35th 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 No. 490.
Senate Bill No. 162.
Respectfully submitted,
REAGAN, Chairman.

946

JouRNAL OF THE SENATE,

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

Mr. President:
The House has passed by the requtslte constitutional majority the following bills of the House, to-wit:

By Mr. Brannen of Bulloch-
House Bill No. 587. A bill to be entitled an Act to amend an Act to create a City Court of Statesboro, and for other purposes.

By Mr. Clements of Telfair-
House Bill No. 612. A bill to be entitled an Act to amend the charter of the Town of Lumber City, and for other purposes.

By Messrs. Rosser of Walker and Mooty of Troup-

House Bill 1\'o. 428. A bill to be entitled an Act to amend the Constitution of the State of Georgia, so as to provide for the veto by the Governor of all bills passed by the General Assembly so as to authorize the Governor to disapprove or reduce in amount any appropriation made by the General Assembly, and for other purposes.

By Mr. Montgomery of Webster-
House Bill No. 368. A bill to be entitled an Act to amend the several Acts relating to the maintenance and governing of the Confederate Soldiers' Home of Georgia, and for other purposes.

FRIDAY, AuGUST 14, 1931.

947

By Mr. Cullens of Treutlen-

House Bill No. 588. A bill to be entitled an1Act to prohibit goats from running at large in the County:ofTreutlen, and for other purposes.

By Mr. Stewart of Coffee-
House Bill No. 591. A bill to be entitled an Act to amend an Act entitled an Act establishing the City Court of Douglas, in Coffee County, Georgia, and for other purposes.

By Mr. Gillen of Bibb-
House Bill No. 594. A bill to be entitled an Act to repeal an Act creating and incorporating Greater Macon.

By Mr. Bland of Stewart-
House Bill No. 601. A bill to be entitled an Act to amend an Act entitled an Act to create the office of Commissioner of Roads and Revenues for Stewart County, and for other purposes.

By Mr. Patten of Lanier-
Hause Bill No. 604. A bill to be entitled an Act to repeal an Act, and all Acts amendatory thereof, creating a Board of Commissioners of Roads and Revenues for the County of Lanier, and for other purposes.

By Mr. Clements of Telfair-
Hause Bill No. 611. A bill to be entitled an Act to provide for the office of Commissioner of Roads and Revenues ofTelfair County.

948

JouRNAL oF THE SENATE,

By Mr. Clements of Telfair-
Hause Bill No. 610. A bill to be entitled an Act to repeal
an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Telfair, and for other purposes.

The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator Weekes of the 34th District-
Senate Bill No. 49. A bill to provide for the issuing of licenses to all operators of automobiles in the State; to provide punishment for all violations of this Act.

By Senator Reagan of the 35th District-
Senate Bill No. 162. A bill to amend an Act to increase the fees of Coroners, Constables, and Jurors in certain counties.

The following bills of the House, favorably reported by committees, were read the second time:
By Mr. Patten of Lanier-
Hause Bill No. 466. A bill to provide for the election of members of the County Board of Education of Lanier County.

By Messrs. Mardre and Cochran of Thomas-
House Bill No. 555. A bill to repeal an Act to establish a System of Public Schools in the Town of Boston, in the County of Thomas.

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

FRIDAY, AucusT 14, 1931.

949

By Mr. Montgomery of Webster-
House Bill No. 417. A bill to repeal an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Webster.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Harris of the 18th District was called to the Chair.

By Mr. Dorsett of Carroll-
House Bill No. 443. A bill to provide for the election of the Mayor and Councilmen 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 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Dorsett of Carroll-
House Bill No. 444. A bill to amend an Act to provide for the election of the Clerk of the Mayor and the City Council 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 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

950

JouR"N"AL OF THE SENATE,

By Mr. Stone of EarlyHouse Bill No. 490. A bill to repeal an Act to establish
the City Court of Blakely, in and for the County of Early. The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Lester, Lanier, and Cartledge of Richmond-
House Bill No. 506. A bill to amend the Act creating a 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 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

By l\1essrs. Lester, Lanier, and Cartledge of Richmond-
House Bill No. 556.. A bill to amend an Act 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 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Musgrove of Clinch-
House Bill No. 561. A bill to change the name of the Town of Homerville to the City of Homerville, and to incorporate the Town of Homerville under the name of the City of Homerville.

FRIDAY, AucusT 14, 1931.

951

The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Griffeth of Oconee-
House Bill No. 562. A bill to amend an Act to incorporate the Town of Bogart in Oconee County, and to change the time of holding an election for the purpose of electing a i\iayor and four Aldermen for the Town of Bogart.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cain of Crisp-
House Bill 1'\o. 569. A bill to amend an Act to create a new charter for the Town of Arabi, in the County of Crisp.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were :37, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Montgomery of Webster-
House Bill No. 418. :\ bill to create the office of Commissioner of Roads and Revenues for vVebster County.
The committee moved to amend House Bill No. 418, by striking Section 2 thereof in its entirety and substituting in lieu thereof the following:

952

jouRNAL oF THE SENATE,

Section 2. Be it further enacted by the authority aforesaid that it shall be the duty of the Ordinary of Webster County on the first day of September, 1931, to call an election to be held on the fourth Wednesday of September, 1931, for the purpose of electing a Commissioner of Roads and Revenues for \Vebster County, Georgia, said election to be held as the law provides for the election of County Officers, the candidate receiving the largest vote to be declared elected.
Those citizens who were qualified to vote in the General Election of 1930, are hereby designated as qualified to vote in this election.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 42, the nays 0.
The bill, as amended, having received the requisite constitutional majority was passed.

The following resolution of the House was read the third time and put upon its passage.

By Messrs. Eckford and McRae of Fulton-
House Resolution No. 25. A resolution to extend the authority and powers of the Western and Atlantic Railroad Commission. The committee amendment was withdrawn by unanimous consent.
Senator Brock of the 44th District offered to amend as follows:
By striking from the last paragraph of said resolution everything following the word "provided" in the sixth line of said paragraph as same appears in the engrossed copy, and substituting therefor the following:

FRIDAY, AuGusT 14, 1931.

953

Provided that the provisions and terms contained in the several contracts referred to in this resolution are such
as are authorized by the Act of the General Assembly of
Georgia, approved the 24th day of August, 1929, creating said commission and defining its powers, except that clause in Section 2 of said Act contemplating that the improvements to be contracted for shall cost not less than S2,000,000.00, which said amount may be reduced tu $1,500,000.00, as provided in said amended contract; and provided there is reserved to the State the right to the full and free disposition of the Western and Atlantic Railroad and its properties at the expiration of the present lease to the Nashville, Chatcanooga and St. L:mis Railway, subject to the lease hold rights on the old depot site granted in said original and modified contracts, as more fully provided in said Act of the General Assembly of Georgia approved the 24th day of :'\ugust, 1~)2~), creating said commission and defining its powers and duties.
The amendment was adopted.
The report of the committee, which was fav:xable to the passage of the resolution as amended, was agreed to.
On the passage of the resolution as amended, the ayes were 30, the nays 0.
The resolution as amended having received the requisite constitutional majority was passed.

The following bills of the Senate were read the third time and put upon their passage:

By Senator McWhorter of the 50th District-
Senate Bill ~o. 142. A bill to amend the Code so as to provide for compensation of fire inspectors.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

954

JouRNAL oF THE SENATE,

On the passage of the bill, the ayes were 27, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Reagan of the ;).)th District--
Senate Bill No. 153. A bill to amend an Act to establish a 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 '13, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator ).Ic\Yhorter of the :lOth District asked unanimous consent that the following bill be immediately transmitted to the House, and the consent was granted:

By Senator 1\Ic\Yhorter of the ;lOth District-
Senate Bill No. H:.Z. A bill to amend the Code providing for compensation of Fire ] nspectors.

Senator Brock of the 11th District asked unammous consent that the following resolution be immediately transmitted to the House, and the consent was granted:

By i\Iessrs. Eckford and l\JcRae of Fulton-
House Resolution No. 25. A resolution extending the authority of the Western and Atlantic Railroad Commission.

Senator Adkins of the 9th District asked unanimous consent that the follmving bill be immediately transmitted to the House, and the consent was granted:

FRIDAY, AUGUST 14, 1931.

955

By Mr. Stone of Early-
House Bill No. 490. A bill to repeal an Act to establish the City Court of Blakely.

The following privileged resolutions were read and adopted:

By Senator McWhorter of the 50th District--
A resolution extending the privileges of the floor to :\1iss Emily \Voodward of Vienna, Georgia.

By Senator Clements of the 4:->th District-
A resolution extending the privileges of the floor to the Hon. R. Eve, Judge of rhe Superior Court of the Tifton Circuit.

By Senator Fowler of the 39th District-
A resolution extending the privileges of the floor to Dr. T. R. Whitley, to the I-bn. S. A. Castleberry, to the Hon. T. F. Brown, and to the Hon. \\'. C. Abercrombie, of Douglas County.

By Senator Brock of the '111th District-
A resolution extending the privileges of the floor to the Hon. Lee Pope of Dade County.
Leave of absence was granted Senator Horn of the 12th District until the 17th instant.
The next order of business was consideration of Section 57 of House Bill ~o. 191, a bill to simplify the operations of the Executive Branch of the State Government. Consideration of the bill, by articles and sections was continued from the previous session.
Section 57, Article 6, was adopted.

956

JouRNAL OF THE SENATE,

Senator Dekle of the 6th District moved to amend Section 58, as follows: Line four-However the board is authorized in connection with each of the respective institutions comprising the University and its branches to appoint an advisory committee of not more than five members each, who shall serve at the pleasure of the board and under its direction and control. Provided further said majority of advisory committee shall be appointed from the county in which said institution may be located.
The amendment was adopted.
Section 5?; as amended was adopted.
Section 59 was adopted.
Section (j() was adopted.
Senator l\ Ic\Yhorter of the .)Oth District moved to amend Section ()1, as folhws:
By adding to the phrase "to discontinue or remove them" at the end of line 5 in said section the following: "for just cause and provided opportunity is given for hearing ancl establishing the justness of the cause for discontinuance or removal of thnse employed."
The amendment was adopted.
Section (j 1 as amended was adopted.
Senator 1\Ic\Yhorter of the ;)Oth District moved to amend Section 62 as follows:
By adding the following words at the end of line six: "Except funds derived from registration, matriculation, laboratory fees, board, room rent, sale of farm products or any other internal earnings of the institutions, which moneys shall be held by the several institutions as revolving funds and administered under the direction of the Board of Regents."
By unanimous consent, the amendment was withdrawn.

FRIDAY, AucusT 14, 1931.

957

Senator Peterson of the 15th District moved to amend Sections 62 and 63, by striking Sections 62 and G:~ in their
entirety, and substituting a new section, as follows:

Section

Within ten days after the effective date of

this Act, the present Board of Trustees or Directors and/

or the treasurers thereof of the University of Georgia and

all of its branches named in Section 49 of this article are

hereby directed to turn back into the State Treasury all

funds remaining on hand from any unexpended appro-

priations and to transfer to the Board of Regents all funds,

credits and property of whatsoever kind, from whatever

other sources received.

The amendment was adopted.

Secti:::m G! was adopted.

Section (i;) was adopted.

Section G(i was adopted.

Senator Peterson of the 15th District moved to amend Section G7 as follows:
By striking Section 67 in its entirety. The amendment was adopted. Section (i~ was adopted. Section (j~) was adopted. Section 70 was adopted. Section 71 was adopted. Section 72 was adopted. Section 7;) was adopted. Section 71 was adopted. Section 75 was adopted. Section 7G was adopted.

958

JouRNAL OF THE SENATE,

Section 77 was adopted. Section 78 was adopted.
Senator McvVhorter of the 50th District moved to amend Article 6, by striking Article 6 in its entirety.
The amendment was lost.
Senator Harris of the 18th District moved that the Senate adjourn, and the motion prevailed.
The Chair announced that the Senate stood adjourned until 3:00 o'clock this afternoon.

SENATE CHAMBER,
AUGUST 14, 1931.
AFTERNOON SESSION.
The Senate was called to order at 3:00 o'clock, this afternoon by the President.
By unanimous consent, the roll call was dispensed with.
The following resolution of the House, favorably reported by the committee, was read the second time:
By Mr. :McRae of FultonHouse Resolution No. 73-515A. A resolution to author-
ize the repayment of a bond forfeiture to S. lVI. Davis, surety.
The following bills of the House were read the first time and referred to committees:
By 1\Ir. l\1ontgomery of WebsterHouse Bill No. 3G8. A bill to alter, amend and revise,
the several Acts relating to the Confederate Soldiers' Home of Georgia.
Referred to Committee on Pensions.

FRIDAY, AucusT 14, 1931.

959

By Messrs. Rosser of Walker and Mooty of Troup-
House Bill No. 428. A bill to amend Article .), Section 1, Paragraph 1(:) of the Constitution of Georgia, so as to authorize the Governor to disapprove or reduce in amount any appropriation made by the General Assembly.
Referred to Committee on Amendments to Constitution.

By l\Ir. Brannen of Bulloch-
Hause Bill l'\o. 587. A bill to amend an Act to create the City Court of Statesboro.
Referred to Committee on Special Judiciary.

By l\1r. Cullens of Treutlen-
House Bill No. 588. A bill to prohibit goats from running at large in the County of Treutlen.
Referred to Committee on State of the Republic.

By l\Ir. Stewart of Coffee-
House Bill ~o. 591. A bill to repeal Section 1 of an Act to amend an Act to establish the City Court of Douglas, in the County of CofFee.
Referred to Committee on Special Judiciary.

By Mr. Gillen of Bibb'----
R:mse Bill No. ;)9,1. A bill to repeal an Act creating and incorporating Greater Macon.
Referred to Committee on l\Iunicipal Government.

By Mr. Bland of StewartHouse Bill ~o. GOl. A bill to amend an Act to create

960

JouRNAL OF THE SENATE,

the office of Commissioner of Roads and Revenues for Stewart County.
Referred to Committee on Counties and County Matters.

By l\Ir. Patten of Lanier-
Hause Bill No. 604. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier.
Referred to Committee on Counties and County JV1atters.

By Mr. Clements of Telfair-
Hause Bill :\'"o. 610. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Telfair.
Referred to Committee on Counties and County Matters.

By Mr. Clements of Telfair-
Hause Bill No. 611. A bill to provide for the office of Commissioner of Roads and Revenues of Telfair County.
Referred to Committee on Counties and County :\1atters.

By Mr. Clements of Telfair-
Hause Bill No. 612. A bill to amend the charter of the Town of Lumber City, so as to provide for an ad valorem Tax Levy therein not exceeding one per centum (lo/o).
Referred to Committee on Municipal Government.

The folhwing bills of the Senate were read the third time and put upon their passage:

By Senator Tippins of the '19th District-
Senate Bill No. 156. A bill to repeal an Act enumerating persons subject to road duty.

FRIDAY, At:GUST 14, 19:31.

961

The report 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.

By Senators Perkins of the 17th District and Harris of the 18th District-
Senate Bill No. 143. A bill to create the Savannah River Navigation Commission.
Senator Harris of the 18th District moved to amend Senate Bill No. 143 by striking from the first line of page two the following word "mayor" and inserting in lieu thereof the word "council."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 26, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

Senator Reagan of the 35th District, Chairman of the Committee on Special Judiciary, submitted the following report:
A1r. President:
Your Committee on Special Judiciary 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:

962

JouRNAL oF THE SENATE,

House Resolution No. 73-515A. Respectfully submitted, REAGAN, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:

.Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 142, 153 and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

Senator McWhorter of the ::>Oth District, Chairman of the Committee on Education, submitted the following report:

Air. President:
Your Committee on Education 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 not pass:
House Resolution No. 54-:352A.
Respectfully submitted,
McWHoRTER, Chairman.

The following bill of the House was read the third time and put upon its passage:

By Mr. W'alker of Brooks-
House Bill No. 341. A bill to change from the fee to the salary system in certain counties.

FRIDAY, AuausT 14, 1931.

963

The report 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.

Senator Perkins of the 17th District asked unanimous consent that the following bill be withdrawn from the Committee on Highways and Public Roads and recommitted to the Committee on Counties and County matters, and the consent was granted:

By Senator Perkins of the 17th District-
Senate Bill No. 174. A bill to provide how the road laws may be suspended in certain counties.
The President resumed the Chair.
The Senate resumed consideration of Article () of House Bill No. 194 continued from the morning session.
Senator Hand of the 8th District moved the previous question on Article 6, substitute and amendments, and the call was sustained.
The question was on the substitute offered by Senator Pratt of the 41st District.
The substitute was lost.
Senator Harris of the 18th District moved to amend Article () of House Bill No. 194 by adding thereto a new section to be known as Section 51(a) to read as follows:
Section 51(a). Ko person shall be a member of said Board of Regents during the time for which he has been elected or appointed to any State office, and no member of said Board of Regents shall be eligible to hold any elective or appointive State office during his term of office as a member of said board, or for a period of two years after

964

JouRNAL oF THE SENATE,

the expiration thereof. This section shall apply to members of the General Assembly.

The amendment was adopted.

The question was on the amendment offered by Senator 1\IcWhorter of the 50th District.

The ayes and nays were called for and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Beck Davis Dekle Ennis Hand

Langford McWhorter Neisler Nix North

Pruett Puett Smith Wallace Williams

Those voting In the negative were Senators:

Adkins Alexander Bennett Brock Cheatham Clements Denton Evans Fowler

Jackson Johnson Knabb McKenzie Martin Moore Perkins Peterson Reagan

Richardson Stark Strickland Tippins Waters Watson Weekes West Whitehurst

The ayes were 15, the nays 27, and the amendment offered by Senator ivlcWhorter of the 50th District was lost.

Article 6 as amended was adopted.

By Senators Davis of the 31st District, McWhorter of the 50th District and Neisler of the 23rd District-
Amend House Bill No. 194, Section 80 as follows:
By striking the figures $4,000.00 in line 18 of said Article and inserting in lieu thereof the figures S5,000.00

FRIDAY, AucusT 14, 1931.

965

The amendment was adopted.
Senator Harris of the 18th District moved that when the Senate adjourn today, it shall stand adjourned until 9:00 o'clock tomorrow morning, and the motion prevailed.
Section 80, Article 7, was adopted.
Section 81 was adopted.
Section 82 was adopted.
Section 83 was adopted.
Section 84 was adopted.
Section 85 was adopted.
Section 86 was adopted.
Section 87 was adopted.
Article 7 as amended was adopted.
Senator Bennett of the 5th District moved to amend Section 88, Article VIII by striking the figures "$5,000.00" where they appear and substituting in lieu thereof the figures "SG,OOO.OO"
The amendment was adopted.
Senators Neisler of the 23rd District, \Vallace of the 28th District, Langfcrd of the 22nd District, Reagan of the 35th District, Bennett of the 5th District, Cheatham of the 26th District, Strickland of the 1st District and Williams of the 27th District moved to amend House Bill No. 19,1, known as the Reorganization Bill, by striking therefrom Section 89 in its entirety, and the succeeding sections, numbered consecutively from 90 to 120 inclusive, to be renumbered consecutively as Sections 89 to 119 inclusive.
The amendment was adopted.
Senator Bennett of the 5th District moved to amend Article 8, Section 88 by striking out of the first and second

966

JouRNAL oF THE SENATE,

line of said section the words and figures "at his present compensation of $5,000.00" and inserting in lieu thereof the figures S6,000.00, so that said section when amended should read as follows:
Section 88: The salary of the Secretary of State is hereby fixed at $ti,OOO.OO per annum payable monthly, which shall be in lieu of all fees perquisites and other emoluments.
The amendment was adopted.
Section 90 was adopted.
Section 91 was adopted.
Senator Peterson of the 15th District moved to amend House Bill No. 191, Article 8, Section 92 by striking the word "each" in said section and inserting the word "all" in line 2 of said section.
The amendment was adopted.
Senator Reagan of the 35th District moved to amend House Bill No. 19,1 by adding at the end of Section 92 of Article VIII the following:
That all persons practicing the professions enumerated herein shall be required to register annually with said Secretary upon blanks furnished by said Secretary for such purpose. And provided further that said Secretary shall notifv the Tax Collectors in each of the counties in this Stat~ the names of the persons so registered with him for the practice of their profession or professions in those particular or respective counties.
The amendment was passed.
Article VIII as amended was adopted.
Senator l\Ic\Yhorter of the 50th District moved to amend House Bill No. 194 by adding to Section 93, Article 9, immediately following the period at the end of said section the following:

FRIDAY, AuousT 14, 1931.

967

"One of said assistants shall be assigned to the Public Service Commission, as its special attorney, and the salary of said assistant as fixed hereunder, shall be paid out of the special fund raised for the support of said Public Service Commission."
The amendment was adopted.
Senator Watson of the 3rd District moved to amend Section 93 of House Bill No. 194 by adding at the end of said section the following:
The said Assistant Attorney-Generals shall give their full time to the duties of the office and shall not otherwise engage in the practice of law during their tenure of office.
The amendment was adopted.
Senator Peterson of the 13th District moved to amend House Bill No. 194, Article 9, Section 93 by adding at the end of said section the following:
"The Attorney-General shall be paid Six Thousand Dollars ($6,000.00) per annum, payable monthly."
The amendment was adopte.:l.
Senator Peterscm of the 13th District moved to amend House Bill ~o. 19-1, Article 9, Section 93 by striking the word and figure "six (6)" and substituting the word and figure "five (5)."
The amendment was adopted.
Section 93 as amended was adopted.
Senator Harris of the 18th District moved that the Senate reconsider its action in adopting Article V as amended.
Senator Harris of the 18th District moved to amend House Bill No. 194 by adding to Article 5 a new section to be known as Section 29(a) and to read as follows, to-wit:

968

JouRNAL oF THE SENATE,

Section 29(a). No person shall be a member of said Board of Control during the term for which he has been elected or appointed to a State office, and no member of said Board of Control shall be eligible to hold any elective or appointive State office during his term of office, or for a period of two years thereafter. This section shall apply to members of the General Assembly.
The amendment was adopted.
Article V as amended was readopted.
Senators Moore of the 47th District and McWhorter of the 50th District moved to amend House Bill No. 194 by adding to Section 94 of Article 1\'ine, the following:
"One of said Assistant Attorney-Generals shall be assigned to the Highway Department as its special attorney and the salary fixed hereunder shall be paid out of funds from the Highway Department."
The amendment was adopted.
Section 94 as amended was adopted.
Section 95 was adopted.
Senator Peterson of the 15th District moved to amend House Bill No. 194, Article 9, Section 96 by striking the word "five" in line three and inserting in lieu thereof the word "four."
The amendment was adopted.
Senator Peterson of the 15th District moved to amend House Bill No. 194, Article 9, by adding a new section at the end of said article, as follows, to be known as Section 96-B:
Section 96-B. "The Attorney-General as the head of the Legal Departm.ent is hereby authorized and directed to employ such clerical assistants as may from time to time be needed, the expense of which shall first have been pro-

FRIDAY, AuGusT 14, 1931.

969

vided for and authorized in the current appropriation enacted for the support and maintenance of said Department."

The amendment was adopted.
Senator Reagan of the 35th District moved to amend House Bill No. 194 by adding another Section to Article IX of said bill to be known as Section 96-B.

"Section 96-B. The provisions of this Article shall not apply to the Department of Banking. Said department shall continue to operate as it is now constituted, except that the Governor in his discretion may designate one of the Assistant Attorney-Generals to advise with the Superintendent of Banks as to such legal matters that affect the administration of his office and the performance of his duties."
The amendment was lost.
Senator Harris of the 18th District moved to strike Article 9 in its entirety.
The amendment was lost.
Senator \Vest of the 11th District moved the prevwus question.
The ayes and nays were called for, and the call was sustained.

The roll was called and the vote was as follows:

Those voting In the affirmative were Senators:

Dekle Duckworth Ennis Hand

Harris McWhorter North

Pruett Puett Stark

Those voting In the negative were Senators:

Adkins Alexander

Beck Bennett

Brock Clements

970

jOURNAL OF THE SENATE,

Davis Evans Jackson Johnson Knabb Langford McKenzie Martin

Moore Neisler Perkins Peterson Reagan Richardson Smith Strickland

Tippins Waters Watson Weekes West Whitehurst Williams

The roll call was verified. The ayes were 10, the.rnays 29, and the motion of Senator Harris of the 18th District to strike Article IX in its entirety was lost.

Article IX was adopted.

Senator Harris of the 18th District moved that the Senate adjourn, and the motion prevailed.

Leave of absence was granted Senator North of the 3fith District for Saturday.

The Chair announced that pursuant to a motion made earlier in the session, the Senate stood adjourned until tomorrow morning at 9:00 o'clock.

SATURDAY, AuGusT 15, 1931.

971

SENATE CHAMBER, ATLANTA, GA.,
SATURDAY, AUGUST 15, 1931.
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. The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Williams of the 27th District asked unanimous consent that the following bill be withdrawn from the committee, read the second time, and recommitted, and the consent was granted:
By Senator vVilliams of the 27th DistrictSenate Bill No. 171. A bill to require Public Utility
Corporations to file invencories of their properties.
Senator Reagan of the 31st District asked unanimous consent that the following bill be withdrawn from the I - committee, read the second time, and recommitted, and the consent was granted:
By Senator Reagan of the 31st District-
Senate Bill No. 170. A bill to provide for registration of dentists.

972

JouRNAL or THE SENATE,

The following bills of the Senate were read the Jirst time and referred to committees:

By Senator Moore of the 47th District-
Senate Bill No. 175. A bill to amend an Act to provide for levying and collecting taxes on net incomes.
Referred to Committee on Finance.

By Senator Ennis of the 20th District-
Senate Bill No. 176. A bill to exempt from taxation houses, lands and equipment, owned by and being regular meeting places of certain women's clubs.
Referred to Committee on Finance.

By Senators Whitehurst of the 21st District and Duckworth of the 7th District-
Senate Bill No. 177. A bill to authorize any county, town or city to build Public Utilities, and to provide means of payment, and for other purposes.
Referred to Committee on Municipal Government.

The following bills of the House were read the first time and referred to committees:
By Messrs. Lanier, Lester, and Cartledge of RichmondHouse Bill No. 278. A bill to direct the Commissioner
of Vehicles of Georgia to enter into agreement with adjoining States providing reciprocity of motor vehicles operators.
Referred to Committee on Highways and Public Roads.
By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 432. A bill to repeal an Act to author-

SATURDAY, AucusT 15, 1931.

973

ize the City Council of Augusta tc create a Board of Health for said city.
Referred to Committee ')n Municipal Government.

By Messrs. Eckford, McRae, and Still of Fulton, and others-
House Bill No. 573. A bill to amend an Act to establish a new charter for the City of Atlanta.
Referred to Committee on Municipal Government.

By Messrs. Lindsay, Leathers, and Beaman of DeKalb and others-
House Bill )Jo. 575. A bill to amend an Act to authorize the City of Atlanta to borrow the sum of One Million ($1,000,000.00) Dollars during any one calendar year.
Referred to Committee on Special Judiciary.

By Mr. :\twood of 1\Iclntosh-
House Bill No. 585. A bill tO exempt the residents of the County of Mcintosh who are not regularly engaged in doing business as dealers in Live Stock from the payment of the license fee otherwise provided.
Referred to Committee on Counties and County ~Iatters.

By l\Ir. Scarbrough of Polk-
House Bill No. 58:~. A bill to amend an Act to amend, consolidate and supersede the several Acts incorporating the Town of Rockmart in Polk County.
Referred to Committee on Corporations.

By Messrs. Preston and Almand of WaltonHouse Bill No. G20. A bill to amend an Act to create

974

JouRNAL oF THE SENATE,

a Board of Commissioners of Roads and Revenues for the County of Walton.
Referred to Committee on Counties and County Matters.

By Messrs. Spivey and Williams of Emanuel-
House Bill No. 621. A bill to repeal an Act of the General Assembly repealing the provisions of said Act madt> for terms of court and providing for different times for said terms in lieu of same.
Referred to Committee on Special Judiciary.

By Mr. Lewis of Gordon-
House Bill No. 624. A bill to amend an Act co create the office of Commissioner of Roads and Revenues in and for the Councy of Gordon.
Referred to Committee on Counties and County Matters.

Senator Duckworth of the 7th 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. 357.
Respecrfully submitted,
DucKWORTH, Chairman.

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

SATURDAY, AuGusT 15, 1931.

975

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

By Messrs. Spivey and Williams of Emanuel-
House Bill No. 621. A bill to be encitled an Act to amend an Act approved August 21, 1916, creating the City Court of Swainsboro by changing the time for holding court, and for other purposes.

By Messrs. Carlisle, Gillen, and Park of Bibb-

House Bill No. 628. A bill to be entitled an Act to

amend the charter of the City of Macon so as to authorize



the City of Macon to construct or acquire electric plants

transmission lines, etc., and for other purposes.

By Mr. Lewis of Gordon-
House Bill No. 624. A bill to be entitled an Act to amend an Act entitled "An Act to create the office of Commissioner of Roads and Revenues in and for Gordon County, Georgia; to provide for the election, and for other purposes.

By Messrs. Lanier, Lescer, and Cartledge of Richmond-
House Bill No. 278. A bill to be entitled an Act to direct the Commissioner of Vehicles of Georgia to enter into agreement with adjoining States, providing reciprocity of motor vehicles operators, and for other purposes.

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 432. A bill to be entitled an Act to repeal an Act entitled An Act to authorize the City Council of Augusta to create a Board of Health for said city, and all amendatory Acts, and for other purposes.

976

JouRNAL or THE SENATE,

By Messrs. Eckford, McRae, and Still of Fulton, and others-
House Bill No. 573. 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 Messrs. Lindsay, Leathers, and Beaman of DeKalb, and Eckford, McRae, and Still of Fulton-
House Bill No. 575. A bill to be entitled an Act amending an Act approved February 28, 1874, of the city Code of Atlanta of 1924, and for other purposes.

By Mr. Scarbrough of Polk-
House Bill No. 583. A bill to be entitled an Act to amend Section 33 of an Act to amend, consolidate, and supersede the several Acts incorporating the Town of Rockmart in Polk County, and for other purposes.

By Mr. Atwood of Mcintosh-
House Bill No. 585. A bill to be entitled an Act to exempt the residents of Mcintosh County who are not regularly engaged in doing business as dealers in live stock from the payment of license fee otherwise provided.

By Messrs. Preston and Almand of Walton-
House Bill No. 620. A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Walton, State of Georgia, and for other purposes.

Senator Hand of the 8th 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 Sehate and has in-

SATURDAY, AucusT 15, 1931.

977

structed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 167. Respectfully submitted, HAND, Chairman.

Senator Nix of the 33rd District, Chairman of the Committee on State Sanitarium, submitted the following report:
Mr. President:
Your Committee on State Sanitarium 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. 425.
Respectfully submitted,
N1x, Chairman.

Senator Jackson of the 14th 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:
House Bill No. 424. An Act to create a Board of Commissioners of Roads and Revenues for Jackson County, do pass as amended.
House Bill No. 610. An Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Telfair, do pass.

978

JouRNAL OF THE SENATE,

House Bill No. 611. An Act to provide for the office of Commissioner of Roads and Revenues of Telfair County, do pass.
Senate Bill No. 174. An Act to provide how road tax law may be suspended, do pass.
House Bill No. 604. An Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for Lanier County, do pass.
Respectfully submitted,
JAcKsoN, Chairman.

Senator Moore of the 47th District, Chairman of the Committee on. Amendments to Constitution, submitted the following report:

L'vlr. 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. 428. To amend the Constitution providing for the veto by the Governor of all bills passed by the General Assembly.
Respectfully submitted,
MooRE, Chairman.

Senator Johnson of the 42nd 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

.., s--;;TURDAY, AuGUST 15, 1931.

979

has ;nstructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:

House Bill No. 409.

House Bill No. 582.

House Bill No. 612.

Respectfully submitted,

JOHNsoN, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 143, 156 and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

The following bill of the Senate, favorably reported by the committee, was read the second time:

By Senator Perkins of the 17th District and others-
Senate Bill No. 174. A bill to repeal Section 704 of the Code of Georgia for the year 1910, and to provide how the road law may be suspended in any county.

The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Alexander, Grayson and Myrick of Chatham-
House Bill No. 409. A bill to revise, alter and amend the several Acts relating to and incorporating the Mayor

980

JoURNAL OF THE SENATE';

and Councilmen of the Town of Tybee, know~ Savannah
Beach.

By Messrs. Davis and Lord of Jackson-
House Bill No. 424. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Jackson.

By Mr. Davis of Mitchell-
House Bill No. 425. A bill to revise the laws of the State with reference to commitments to the Georgia State Sanitarium.

By Messrs. Rosser of Walker and Mooty of Troup-
House Bill No. 428. A bill to amend the Constitution of Georgia, providing for the veto by the Governor of all bills passed by the General Assembly so as to authorize the Governor to disapprove or reduce in amount any appropriation made by the General Assembly.

By Messrs. Myrick, Alexander, and Grayson of Chatham-
House Bill No. 582. A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah.

By Mr. Patten of Lanier-
Honse Bill No. 604. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier.

By Mr. Clements of Telfair-
Hause Bill No. 610. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Telfair.

SATURDAY, AucusT 15, 1931.

981

By Mr. Clements of Telfair-
Hause Bill No. 611. A bill to provide for the office of Commissioner of Roads and Revenues of Telfair County.

By Mr. Clements of Telfair-
Hause Bill No. 612. A bill to amend the charter of the Town of Lumber City, so as to provide for an ad valorem Tax Levy therein not exceeding one per centum (1o/<.,).

The following resolution of the House was read the third time and put upon its passage:

By Mr. McRae of Fulton-

House Resolution No. 73-515A. A resolution to authorize the repayment of a bond forfeiture to S. M. Davis, surety.

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.

r

The resolution having received the requisite constitutional majority was passed.

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

By Messrs. Mardre and Cochran of Thomas-
House Bill No. 555. A bill to repeal an Act to establish a system of public schools in the Town of Boston, Thomas 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, the nays 0.

982

JouRNAL oF THE SENATE,

The bill having received the requisite constitutional majoricy was passed.

By Mr. Patten of Lanier-
Hause Bill No. 466. A bill to provide for the election of the members of the County Board of Education 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 35, the nays 0.
The bill having received the requisite constitutional majority, was passed.

The following bill of the House was read the first time and referred to the committee:
By J\Ir. Gillen of BibbHouse Bill No. 628. A bill to amend the charter of the
City of Macon.
Referred to Committee on Municipal Government.

Senator McWhorter of the 50th District asked unanimous consent that the adverse report of the committee on the following resolution be agreed to:

By Mr. Thompson of Barrow-
House Resolution No. 54-352. A resolution concernmg the Public Schools of Winder and Russell.
The consent was granted and the resolution was lost.

The following resolution was read and referred to the Committee on Appropriations:

SATURDAY, AucusT 15, 1931.

983

By Senators McWhorter of the 50th District, West of the 11th District, and Ennis of the 20th District-
Senate Resolution No. 59.

A RESOLUTION
Whereas, the appropriation carried in the Appropriation bill for the maintenance of the Military Department for the years 1932 and 1933 has been decreased as compared with former years, to such an extent that the Department will be materially handicapped in it's necessary operations and duties, and
Whereas, there remains unexpended a balance of $25,313.27 in the Riot Fund of said Department appropriated for the years 1926 and 1927:
Therefore, be it resolved by the Senate, the House concurring, that fifty per centum of the unexpended balance remaining in the appropriation for Riot Duty, which appropriation was made for the years 1926 and 1927, shall be made available to supplement the appropriation for the Military Department for maintenance of said Department for the years 1932 and 1933.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Weekes of the 34th District-
Senate Bill No. 112. A bill to amend the Acts relating to Fraternal Benefit Associations.
The report 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 cons ti tu tiona! majority was passed.

984

JouRNAL OF THE SENATE,

Senator Weekes of the 34th District asked unanimous consent that the above bill viz., Senate Bill No. 112, be immediately transmitted to the House.
The consent was granted.

By Senator Neisler of the 23rd DistrictSenate Bill No. 167. A bill to regulate the grading and
marketing of apples and 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 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senator Reagan of the 35th DistrictSenate Bill No. 162. A bill to amend an Act to increase
the fees of coroners and constables at inquests.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Senators Watson of the 3rd District, and Harris of the 18th District, and others-
Senate Bill No. 145. A bill to amend an Act creating a Board of Public Welfare.
The report 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.

SATURDAY, AucusT 15, 1931.

985

The action of the Senate on the 13th instant, in passmg the following bill, was reconsidered at yesterday's session; and the bill was again taken up for passage:

By Mr. Eckford of FultonHouse Bill No. 360. A bill to amend an Act relating to
firemen in certain cities.
The report 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 of the House was read the third time and put upon its passage:

By :\1essrs. Davis and Mooty of TroupHouse Bill No. 113. A bill to reapportion the members
of the House of Representatives among the several 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bill of the house, favorably reported by the committee, was read the second time:

By Mr. Thomas of Worth-
House Bill No. 357. A bill to prescribe the date from which sentences in criminal cases shall be computed.

Senator Reagan of the 31st District asked unanimous consent that the following bill of the Senate be withdrawn

98(i

JouRNAL oF THE SENATE,

from the committee, read the second time, and recommitted, and the consent was granted:

By Senator Reagan of the 31st District-
Senate Bill No. 17:3. A bill to authorize the Boards of Commissioners of certain counties to supplement funds of the Boards of Education.

The following resolution was read and adopted:

By :\Iessrs. Bennett of the :>th District and i\TcKenzie of the 48th District-
A resolution expressing the sympathy of the Senate in
the illness of ~Irs. Ellen Yereen, wife of the Hon. \V. C.
Vereen, member of the State Highway Board.

The following privileged resolutions were read and adnpted:

BY Senator :\Ic\Yhorter of the :>Oth District-
A resolution extending the privileges of the floor to the Hon. Hawes Cloud Df Crawfordville.

By Senator \\'est of the 11th District-
A resolution extending the privileges o( the floor to the former Senator from the .Jth District, Senator Hughes.

By Senator Davis of the 31st District-
A resolution extending the privileges of the floor to Judge I. H. Sutton, of Clarksville.
Senator Knabb of the 4th District asked leave of absence for a few days, and leave was granted.

The following invitation to the Senate to attend the H~>liness Camp Meeting at Indian Springs was read and
accepted:

SATURDAY, AucusT 15, 1931.

987

I respectfully invite all members of the Senate to attend the Holiness Camp Meeting at Indian Springs, Ga.; tomorrow, Sunday, August 16, 1931. This is the largest Camp meeting in the South, if not in the United States. Take Route 42 on South Pryor Street only one hour and fifteen minutes drive. You will also have an opportunity to see the State's property and drink some of this wonderful healing water.
Most respectfully,
R. A. FRANKLII\', of Butts County.

The next business in order was consideration of Article 10, of House Bill No. 194, continued from the morning session of yesterday:
Section 97, Article 9, was adopted.
Section 98 was adopted.
Section 99 was adopted.
Article 10 was adopted.
Section 100, Article 11, was adopted.
Senators West of the 11th District and Watson of the 3rd District moved to amend House Bill No. 194, Article XI, Section 101 by striking said Section 101 therefrom in its entirety and substituting in lieu thereof the following:
Section 101. The State Board of Entomology existing under and by virtue of Section 2120, Code 1910, is hereby abolished and all the powers, duties and functions thereof are hereby transferred to and made incumbent upon the State Entomologist, whose term of office is hereby fixed at four years. The present incumbent shall be State Entomologist for the first term after the effective date hereof, and thereafter he shall be appointed by the Governor by and with the advice and consent of the Senate. The Governor shall have the power and authority to remove the

988

JouRNAL oF THE SENATE,

State Entomologist at any time for cause and appoint his successor.
The amendment was adopted.
Section 101 as amended was adopted.
Section lOlA was adopted.
Article II was adopted as amended.
Senators Neill of the 24th District and Peterson of the 15th District moved to amend Article 12, Section 102, by striking Section 102 in its entirety.
The amendment was adopted.
Section 102 was adopted as amended.
Section 103 was adopted.
Article 12 was adopted as amended.
Section 104 was adopted.
Section 105 was adopted.
Section lOG was adopted.
Section 107 was adopted.
Section 101-l was adopted.
Section 109 was adopted.
Sect.ion 110 was adopted.
Section 111 was adopted.
Senator Peterson of the Lith District moved to amend House Bill ~o. 191, Article XIII, Page 33, Section 112, by striking out the words "and Directors" in the first line and by striking out the words "by majority vote are" in the second line after the word "Relations" and before the word hereby and substituting the word "is" before "hereby," so that said section when so amended will read as follows: Section 112. The chairman of the

SATURDAY, AucusT 15, 1931.

989

Department of Industrial Relations is hereby empowered to employ such assistants and clerical help to aid in the discharge of the powers, duties and functions hereby imposed on the Department as may be necessary, provided that the expense thereof shall have been provided in the appropriation enacted for the support of said Department.
Section 112, Article 13, as amended was adopted.
Section 113, Article 14 was adopted.
Section 1H was adopted.
Section 115 was adopted.
Section 11G was adopted.
Senator Peterson of the 15th District moved to amend House Bill No. 194, Article 14 by striking Section 117 in its entirety and substituting in lieu thereof a new section as follows:
Section 117. This Act, insofar as it does not add to, take from, or eliminate any existing law shall be construed as a continuation thereof, and if any part of this Act shall be construed as conflicting with any provision of the Con.. stitution of the State of Georgia or of the Constitution of the Cnited States, the invalidation of such portion shall not be deemed to affect the remaining portions of this Act.
The amendment was adopted.
Section 117 as amended was adopted.
Section 118 was adopted.
Senators Neill of the 24th District and Peterson of the 15th District moved to amend House Bill No. 194, as follows:
By adding a new section to be numbered Section 119, to read as follows:
Section 119. \Vhere, under the terms of this Act or
and under any other law now or hereafter in force, it shall

990

JouRNAL OF THE SENATE,

be incumbent upon the Governor to appoint a public officer subject to confirmation of or by and with the advice and consent of the Senate, the office shall be deemed vacant at the expiration of. the term of such officer and he shall not hold over until his successor shall have been appointed and confirmed. The Governor is hereby empowered to make an appointment to fill such. vacancy ad interim, which appointee shall hold office until the Senate shall next convene, and the Governor shall then submit an appointment to fill such vacancy to the Senate for confirmation; the appointee, if confirmed, shall hold over until the expiration of the term for which he was appointed; provided, however, the Governor shall not appoint ad interim any person previously rejected by the Senate; and provided further that the Govern~lr shall submit to the Senate whenever in session the names of appointees to till all vacancies which shall occur within eight months afte:- the date fixed for the convening of the Senate. All of th~ first and original appointments to be made under the provisions of this Act, and whose terms of office hereunder beginning prior to the convening of the next regular session of the General Assembly, need not be confirmed by the Senate.
Senator :\Ic\\horter of the 50th District moved to amend Article 14, Section 119, by adding the following words at the end of line one:
"Except in the case of educational institutions, the effective date for which is July 1, 1932."
Section 119 was adopted as amended.

Senators l\Teill of the 24th District and Harris of the 18th District moved to amend House Bill ~o. 1\H, by adding a new section thereto, immediately preceding the repealing section, to read as follows:
"No member of the General Assembly shall, Juring the term for which he has been elected, be eligible to be appointed or elected as a member of any department, board,

SATURDAY, AUGUST 15, 1931.

991

bureau or other State agency, or be employed by any department, board, bureau or other State agency, in any capacity whatever."

The amendment was adopted.
Senator Peterson of the 15th District asked unanimous consent that the Secretary of rhe Senate and the Clerk of the House be permitted to renumber the sections of this bill so as to make the same numerically accurate.

Senator Dekle of the 6th District asked unanimous consent that the Senate reconsider its action in adopting the amendment offered by him to Section 58.

The consent was granted.

Senator Dekle of the 6th District asked unanimous consent that the amendment be withdrawn and stricken.

The consent was granted, and the amendment was stricken.

The questi:m was on the passage of the bill as amended, viz., House Bill "\fo. 191.

Senator Ennis of the 20th District called for the ayes and nays, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adkins Alexand8r Beck Bennett Brock Clements Davis Dekle Denton Duckworth Evans Fowler

Jackson Johnson Jones Langford Lazenby McKenzie Martin Moore Nelson Nix Perkins Peterson

Puett Reagan Richardson Stark Strickland Tippins Waters Watson Weekes West Whitehurst Williams

992

JouRNAL oF THE SENATE,

Those voting in the negative were Senators:

Ennis Hand

Harris McWhorter

Pruett

Senator Dekle of the 6th District was called to the Chair.

The roll call was verified.

On the passage of the bill as amended, the ayes were 36, the nays 5.

The bill as amended having received the requisite constitutional majority was passed.

Senator Peterson of the 15th District asked unanimous consent that 300 copies of the amendments be printed for the use of the House, and the consent was granted.

Senator Peterson of the 15th District asked unanimous consent that the bill be immediately transmitted to the House, and the consent was granted.

Senator Harris of the 18th District moved that the Senate adjourn, and the motion prevailed.

The Chair announced that the Senate stood adjourned until 10:00 o'clock Monday morning next.

MoNDAY, AuGusT 17, 1931.

993

SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, AuGusT 17, 1931.
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 ofrered by the Chaplain. By unanimous consent, the roll call was dispensed with. The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of Saturday's proceedings had been examined and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following resolution of the Senate was read the first time and referred to the Committee on Amendments to Constitution:
By Senator Harris of the 18th DistrictSenate Resolution No. 60. A resolution to abolish
Justice Courts in Richmond County.
The following bill of the Senate was read the first time and referred to the Committee on Counties and County Matters:
By Senator Harris of the 18th DistrictSenate Bill No. 178. A bill to amend an Act to change
the Board of Roads and Revenues of Jefferson County.
The following resolution was read and adopted by unanimous consent:

994

JouRNAL oF THE SENATE,

By Senators Weekes of the 34th District and Fowler of the 39th District-
Senate Resolution No. Gl. A resolution that the Brown Thrasher be and it is hereby named the Official Bird for the State of Georgia.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 112, 145, 162, 167 and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

Senator Johnson of the 42nd 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. 594.
House Bill No. 628. Respectfully submitted,
JoHNsoN, Chairman.

Senator Weekes of the 34th District, Chairman of the Committee on Enrollment, submitted the following report:

MoNDAY, AuGusT 17, 1931.

995

Mr. President:
Your Committee on Enrollment has read and approved the following Acts and has instructed me, as chairman, to report the same back to the Senate as being duly enrolled and ready for transmission to the office of the Governor:
Act No.4.
Act No. 68.
Act No. 69.
Respectfully submitted,
WEEKEs, Chairman.

Senator Harris of the 18th District asked unanimous consent that the Senate take a recess while the Committee on Rules prepared a report, and the consent was granted.
The Senate was reconvened.
The Committee on Rules submitted the following report and supplementary report, which were read and adopted:

SENATE CALENDAR MoNDAY, AuGusT 17, 1931. Snate Bill No. 111. ..... Spirituous Malt Bill. Senate Bill No. 122 . . . . . Abandonment of Child Bill. Senate Bill No. 129 ..... Fulton Senatorial District Bill. Senate Bill No. 132 ..... Defining first term of case m
Appelate Courts of State. Senate Bill No. 97 .................................... . Senate Bill No. 166 ..... State Roads System Bill. Senate Bill No. 41 ...... Board of Contractor Examiners
Bill.

996

JouRNAL oF THE SENATE,

Senate Resolution No. 60 ...... Richmond County Constitutional Amendment.
Senate Bill No. 60 ...... Amend Motor Vehicle Law.
House Bill No. 65 ....... Reorganize State Highway Department.
House Bill No. 54 . . . . . . . Garnishment exemption mcrease.

Air. Presidmt:
Your Committee on Rules has had under consideration the fixing of a calendar for the order of business for Tuesday's session, and submits the following report:
Your committee recommends as a special and continuing order of business for Tuesday's session immediately after the period of Unanimous Consents the following bill:
The bill to discount the rentals of the Western and Atlantic Railroad.-A house bill.
The Congressional Reapportionment Bill.
Respectfully submitted, HARRJ s, Vice-Chairman.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Gillen of Bibb-
House Bill No. 594. A bill to repeal an Act creating Greater Macon.

By Messrs. Carlisle, Gillen, and Park of Bibb-
House Bill No. 628. A bill to amend the charter of the City of Macon.

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

MoNDAY, AucusT 17, 1931.

997

By Mr. Alexander and others of Chatham-
House Bill No. 409. A bill to amend the 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 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Davis and Lord of Jackson-
House Bill No. 1124. A bill to amend an Act creating a Board o~ Commissioners for Jackson County.
The committee moved to amend as follows:
By striking the words and figures of Fifteen Hundred Dollars wherever they may appear both in the caption and body of said bill, and inserting in lieu thereof the words and figures, of Twelve Hundred Dollars.
The amendment was adopted.
The report of the committee, wltich was favorable to the passage of tl1e bill as amended, was agreed to.
On the passage of the bill, as amended the ayes were 39, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

By Mr. Key of Jasper-
House Bill No. 510. A bill to repeal an Act incorporating the Town of Hillsboro.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, the nays 0

998

JouRNAL oF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Mr. Myrick and others of Chatham-
House Bill No. 582. A bill to amend the Acts incorporating the City of Savannah.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, the nays 0.
The bill having received the requisite constitutional majority was passed.
By Mr. Patten of Lanier-
Hause Bill No. 604. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Lanier County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the pasca.ge of the bill, the ayes were 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Clements of Telfair-
Hause Bill No. 610. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

MoNDAY, AucusT 17, 1931.

999

By Mr. Clements of Telfair-
Hause Bill No. 611. A bill to provide for the office of Commissioner of Roads and Revenues 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 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By lVIr. Clements of TelfairHause Bill No. 612. A bill to amend the charter of the
Town of Lumber City.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Courson of the 16th District St>nate Bill No. 147. A bill to provide for the use of
wooden and wire fish baskets.
The report 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, the nays 0.
The bill having received the requisite consti tutiona! majority was passed.

By Senator Evans of the 19th DistrictSenate Bill No. 90. A bill to prohibit certain Life,

1000

JouRNAL oF THE SENATE,

Industrial, Burial and Fraternal Associations from agreeing to settle by service or merchandise.
Senator Harris of the 18th District offered the following amendment:
By adding at the end of Section 1 thereof the following words: Provided nevertheless that the provisions of this Act shall not apply to Life Insurance Companies, Industrial Life Insurance Companies and Fraternal Organizations which are duly qualified and licensed to do business in this State, and which carry for the benefit of their policy holders reserves in the manner required by the laws of this State and have made the deposits in the manner required by the laws of this State.
The amendment was lost.
The report of the committee, which was agreeable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, the nays 6.
The bill having received the requisite constitutional majority was passed.
Senators McKenzie of the 48th District and Weekes of the 34th District moved that the above bill, viz., Senate Htll No. 'JO he immediately transmitted to the House, and the motion prevatled.

By Senator Evans of the 19th District-
Senate Bill No. 91. A bill to make it a misdemeanor for any firm, or corporation engaged in Life or Industrial Insurance to receive any commissions from undertakers.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

MoNDAY, AucusT 17, 1931!

1001

By unanimous consent the above bill, viz., Senate Bill No. 91 was ordered transmitted to the House immediately.

The following bill of the Senate was read the third time and put upon its passage:
By Senators Cheatham of the 26th District and Davis of the 31st District-
Senate Bill No. 111. A bill to prohibit the manufacture, sale or keeping of alcoholic liquors.
Senator Johnson of the 32nd District, in the absence of the authors, moved that the above bill, viz., Senate Bill No. 111 be tabled, and the motion prevailed.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Beck of the 37th District-
Senate Bill No. 122. A bill to amend the Code to provide punishment for the abandonment of children.
The committee moved to amend the bill as follows:
By striking the last line of Section One, which reads "less than three years nor longer than seven years" and inserting in lieu thereof the words "less than one year nor longer than four years."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 26, the nays 1.
The bill as amended having received the requisite constitutional majority was passed.

1002

JouRNAL OF THE SENATE,

Senator Beck of the 37th District asked unanimous consent that the above bill, viz., Senate Bill No. 122 be immediately transmitted to the House.
The consent was granted.

By Senator Reagan of the 35th District-
Senate Bill No. 129. A bill proposing to amend the Constitution, to prescribe the number of Senatorial Districts, and for other purposes, as follows:

A BILL
To be entitled an Act to amend Article 3, Section 2, Paragraph 1, of the Constitution of the State of Georgia, which relates to the number of Senators, the number of Senatorial Districts, and the composition of such Districts, so as to increase the number of Senators and Senatorial Districts from fifty-one to fifty-two, and to create one new Senatorial District to be known as Senatorial District Fifty-two, to provide for the reapportionment of counties in certain Senatorial 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 the authority of the same, that Article 3, Section 2, Paragraph 1, of the Constitution of the State of Georgia, be, and the same is, hereby amended, as follows:
(a) By striking out the words "fifty-one," wherever said words occur in said section as amended, and inserting in lieu thereof the words "fifty-two."
(b) So that when so amended that part of said Article contained in Paragraph 1 so amended shall read as follows:
"Paragraph 1. The Senate shall consist of fifty-two members. There shall be fifty-two Senatorial Districts as now arranged by counties. Each District shall have one Senator."

MoNDAY, AucusT 17, 1931.

1003

Sec. 2. Be it further enacted by authority aforesaid, that Article 3, Section 2, Paragraph 1, of the Constitution of the State of Georgia, be, and the same, is, hereby further amended as follows: That until changed in the manner provided by law, the Fifty-second Senatorial District shall be composed of the County of Fulton.
Sec. 3. Be it further enacted by authority aforesaid, that for the purpose of creating and arranging the Senatorial District hereinbefore named and set out in Section 2 of this Act, the county composing the same is hereby transferred from the district to which it has been heretofore attached to the new district hereby created.
Sec. 4. Be it further enacted by authority aforesaid, that if this Constitutional Amendment shall be agreed to by two-thirds of the members of each House of the General Assembly, the same shall be entered on their Journals with the ayes and nays taken thereon, and the Governor shall cause the amendment to be published in one or more newspapers in each Congressional District for thirty (3m days immediately preceding the next general election, and the same shall be submitted to the people at the next general election. All persons voting at said election in favor of the ratification of the proposed amendment to the Constitution of this State shall have written or printed on their ballots the words: "For ratification of Amendment of Article 3, Section 2, Paragraph 1, of the Constitution of this State providing for and creating one new Senatorial District;" and all persons voting against the ratification of the proposed amendment shall have written or printed on their ballots the words "Against ratification of Amendment of Article 3, Section 2, Paragraph 1, of the Constitution of this State, providing for and creating one new Senatorial District." If a majority of the electors qualified to vote for members of the General Assembly, and voting in said general election, shall vote in favor of the ratification of said proposed amendment, then said amendment shall become a part of Article 3,

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Section 2, Paragraph 1, of the Constitution of this State, and the Governor shall make proclamation thereof and shall call a special election in the new Fifty-second Senatorial District so created for the election of a Senator for said new District in the next General Assembly as is provided by law for the filling of vacancies caused by death or resignation.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The bill being a proposal to amend the Constitution, the roll was called, and the vote was as follows:

Those voting tn the affirmative were Senators:

Adkins Alexander Beck Brock Courson Dekle Denton Evans Fowler Harris Hocn Jackson Johnson

Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nix Peterson Pratt Pruett

Puett Reagan Smith Strickland Tippins Wallace Waters Weekes West Whitehurst Williams

Voting tn the negative was Senator:

Ennis

The roll call was verified.

On the passage of the bill, the ayes were 37, the nays 1.

The bill having received the requisite two-thirds constitutional majority was passed.

The following bill of the House, favorably reported by the committee, was read the second time:

MoNDAY, AuausT 17, 1931.

1005

By Mr. Hutcheson of Walker and othersHouse Bill No. 146. A bill to protect birds, fish, game,
and fur-bearing animals.
Senator \Vest of the 11th District was called to the Chair.

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

By Senator Duckworth of the 7th District-
Senate Bill No. 132. A bill to amend the Constitution as to what shall constitute the first term in the Supreme Court and Court of Appeals.
Senator Harris of the 18th District moved that consideration of the above bill, viz., Senate Bill No. 132, be postponed until after consideration of the next bill on the calendar, and the motion prevailed.

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

By Senators Hand of the 8th District and West of the 11th District-
Senate Bill No. 166. A bill to amend an Act providing for a Georgia System of State Roads.
Senator BrQck of the 44th District moved to amend by adding to the provisions of said bill the White Oak Gap Road leading from Trenton up Sand Mountain to the Alabama State Line about six miles in the Bryan Gap route.
The amendment was adopted.
Senator Dekle of the 6th District moved to amend as follows:
The roads from Ray City, Ga., Berrien County, to Valdosta, Ga., Lowndes County.

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JouRNAL oF THE SENATE,

Valdosta, Ga., Lowndes County, to Clyattville, Ga., Lowndes to Florida Line, Horne Ferry Bridge.
Colquitt County Line to Hahira, Ga., Lowndes County, Georgia.
The amendment was adopted.
Senator McWhorter of the 50th District moved to amend as follows:
The roads from Danielsville, Georgia in Madison County to Lexington in Oglethorpe County and from Lexington to Crawfordville in Taliaferro County.
The amendment was adopted.
Senator Langford of the 22nd District moved to amend by adding the road from Griffin to Warm Springs by Williamson, Concord and Woodbury.-Pike and Meriwether Counties.
The amendment was adopted.
Senator McKenzie of the 48th District moved to amend by adding the road from Cordele to Leesburg and Albany via the Crisp County Dam on Flint River.
The amendment was adopted.
Senator Davis of the 31st District moved to amend by adding: ( 1) The road from the top of Dicks Hill in Habersham County and on Route 1:3 to Clarkesville (2) The road from Toccoa in Stephens County via Walkers Lime Kiln to Hollywood in Habersham County.
The amendment was adopted.
Senators Williams of the 27th District and Reagan of the 35th District moved to amend by adding the road from McDonough via Luella to Griffin.
From Monroe via Jersey to Covington.
The amendment was adopted.

MoNDAY, AuousT 17, 1931.

1007

Senator Adkins of the 9th District moved to amend by adding road from Cuthbert to Arlington, via Edison and Carnegie in Randolph and Calhoun Counties.
The amendment was adopted.
Senator Tippins of the 49th District moved to amend by adding thereto the following:
A road leading from Claxton, Evans County, to Hinesville, Liberty County.
The amendment was adopted.
Senator Nelson of the 13th District moved to amend by adding: The road from Montezuma to Vienna, Ga.
The amendment was adopted.
Senator Williams of the 27th District moved to amend by adding the following:
From Monroe to Madison via Bostwick.
The amendment was adopted.
Senator Beck of the 37th District moved to amend by adding "From Bowdon, Carroll County, to Alabama Line, the road to Roanoke, Ala."
The amendment was adopted.
Senator Jones of the 51st District moved to amend by adding the following "Road from Buford to Norcross in Gwinnett County.
The amendment was adopted.
Senator Williams of the 27th District moved to amend by adding the following:
Roads from Monroe to Watkinsville; Winder to Watkinsville; Claxton to Glenville; Monroe to Madison via Bostwick.
The amendment was adopted.

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JouRNAL OF THE SENATE,

Senators Weekes of the 34th District and Reagan of t:he 35th District moved to amend by adding "The Road from Decatur, DeKalb County, to McDonough, Henry County."
The amendment was adopted.
Senator Pratt of the 41st District moved to amend by adding the road from Ellijay, Gilmer County, to Dahlonega in Lumpkin County.
The amendment was adopted.
Senator Duckworth of the 7th District moved to amend by adding the road from Cairo through Calvary to the Florida Line.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 30, the nays 4.
The bill as amended having received the requisite constitutional majority was passed.
Senator Hand of the 8th District asked unanimous consent that the above bill, viz., Senate Bill No. 166, be immediately transmitted to the House, and the consent was granted.
By unanimous consent, Senate Bill No. 147, a bill to provide for the use of wooden and wire fish baskets, was ordered immediately transmitted to the House.
Leave of absence was granted Senator \Vatson of the 3rd District for today.

The following privileged resolution was read and adopted:

By Senator Langford of the 22nd District-
A resolution extending the privileges of the floor to the Hon. C. T. Smith of Pike County.

MoNDAY, AuGUST 17, 1931.

1009

A telegram submitted by Senator Duckworth of the 7th District for the information of the Senate, from B. W. Mauldin, chairman of the trustees of the Cairo School District, appealing for diversion of highway funds so that a large payment might be made on school debts, was read.
Senator Harris of the 18th District moved that the Senate adjourn, and the motion prevailed.
The Chair announced that the Senate stood adjourned until 3:00 o'clock this afternoon.

SENATE CHAMBER,
AUGUST 17, 1931.
AFTERNOON SEsSION.
The Senate was called to order at 3:00 o'clock this afternoon.
By unanimous consent, the roll call was dispensed with.
The following bills of the House, favorably reported by committees, were read the second time:
By Mr. Harris of TerrellHouse Bill No. 330. A bill to change the county line
between Randolph and Terrell Counties.
By Mr. Atwood of McintoshHouse Bill No. 585. A bill to exempt certain residents
. of Mcintosh County from paying a license fee to deal in live stock.
By Mr. Brannen of BullochHause Bill No. 587. A bill to amend an Act to create
the City Court of Statesboro.

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JouRNAL oF THE SENATE,

By Mr. Stewart of Coffee-
House Bill No. 591. A bill to repeal certain sections of an Act establishing the city court of Douglas.
Senator West of the 11th District asked unanimous consent that the action of the Senate in immediately transmitting Senate Bill No. 166, known as the bill to amend the Neill-Traylor Highway Map, be reconsidered; that the action of the Senate in passing said bill be reconsidered, and that the bill and that the action of the Senate in agreeing to the report of the committee, which was favorable to the passage of said bill be reconsidered, and that the bill be amended by adding on the roads described in said bill, the following, to-wit:
"The road or highway from Columbus to Buena Vista, Georgia, via Mehaffey's Mill through the United States Military Reservation known as Fort Benning," and that the Secretary of the Senate may be authorized to engross this amendment into the bill and then immediately transmit said bill as passed to the House with the above amendment and all other amendments adopted by the Senate thereto.
The consent was granted.
The committee moved to amend by adding the following: Rome, Floyd County, via Silver Creek, via Seney to Rockmart, Polk County. Savannah via Fort Argyle on Ogeechee River via Clyde to Flemmington, Liberty County, Conyers to Lawrenceville via Logansville. Oglethorpe to Reynolds, Macon and Taylor Counties. Barnesville to Woodbury via Meansville and Molena, Lamar and Pike Counties. Carnesville to Athens via Ila. Toccoa to Carnesville via Mize, Franklin and Stevens Counties. Leesburg to Cordele. Toccoa to Homer via Currahee, Stevens and Bank Counties, Valdosta via Echols to Fargo to Maniac to St. George to the State Line, Echols, Clinch and Charlton Counties. Cochran via Ainsley to Perry, Houston and Bleckley Counties-, Hinesville to Pembroke, Liberty and Bryan Counties.

MoNDAY, AuGusT 17, 1931.

1011

The amendment was adopted.
Senator Moore of the 47th District moved to amend by striking Section 1-B in its entirety.
The amendment was adopted.

Senator Stark of the 43rd 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 Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 176 do pass. Senate Bill No. 175 do not pass.
Respectfully submitted, STARK, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President: Your Committee on Engrossing has read and approved
the following Senate Bills Nos. 91, 122, 147 and reports the same back as being ready for transmission to the House.
Respectfully submitted, PuETT, Chairman.

Senator Moore of the 47th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:

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JouRNAL oF THE SENATE,

Mr. President:
Your Committee on Amendments to Constitution 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. 60. Proposing an amendment to the Constitution to authorize the abolishing of Justice Courts of Richmond County.
Respectfully submitted,
MooRE, Chairman.

Senator Alexander of the 27th 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. 170.
Respectfully submitted,
ALEXANDER, Chairman.

Senator Jackson of the 14th 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

MoNDAY, AuGusT 17, 1931.

1013

and Senate and has instructed me, as chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 585. An Act to exempt certain residents of Mcintosh County from live-stock tax, do pass.
House Bill No. 330. An Act changing the county line between Terrell and Randolph Counties, do pass.
House Bill No. 624. An Act to create Board of Roads and Revenues for Gordon County, do pass.
House Bill No. 501. An Act to abolish the office of Treasurer of Miller County, do not pass.
Senate Bill No. 173. An Act to supplement school funds of county of200,000 or more, do pass.
Senate Bill No. 174. _An Act relating to road law tax, do pass.
Senate Bill No. 178. An Act to change the board of Roads and Revenues of Jefferson County, do pass.
Respectfully submitted,
jACKSON, Chairman.

Senator Reagan of the 35th 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. 591.

1014

JouRNAL OF THE SENATE,

House Bill No. 587.

Respectfully submitted, REAGAN, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

By Messrs. Stanton and Bunn of \Vare-
House Bill No. 511. A bill to be entitled an Act to amend an Act to establish a new charter for the City of \Vaycross, and for other purposes.

The House has agreed to the Senate amendment to the following bills of the House, to-wit:

By Mr. Montgomery of Webster-
House Bill No. 418. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of the County of \Vebster, and for other purposes.

By Mr. Edwards of Stephens-
House Bill No. 448. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Stephens County, and to create the office of Tax Commissioner of Stephens County, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendments to the following bills and resolutions of the House, to-wit:

MoNDAY, AuausT 17, 1931.

1015

By Mr. Eckford of Fulton and others-
House Resolution No. 25. A resolution extending the authority and powers of the Western and Atlantic Railroad Commission, and for other purposes.

By Mr. Fraser of Liberty-
House Bill No. 283. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Liberty County, to create the office of County Tax Commissioner, and for other purposes.

By Mr. Osteen of Bryan-
House Bill No. 480. A bill to be entitled an Act to regulate fishing in the waters of Bryan County, and for other purposes.

By Mr. Stewart of Coffee-
House Bill No. 260. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requtstte constitutional majority the following bills of the Senate, to-wit:

By Senator Jones of the 51st District-
Senate Bill No. 121. A bill to be entitled an Act to amend the charter of the City of Mountain Park, and for other purposes.

By Senator Den ton of the 38th DistrictSenate Bill No. 87. A bill to be entitled an Act to pro-

1016

JouRNAL oF THE SENATE,

vide a new charter for the Town of Hiram, and for other purposes.

By Senator Dekle of the 6th District-
Senate Bill No. 130. A bill to be entitled an Act to further amend the charter of the City of Valdosta, and for other purposes.

By Senator Davis of the 31st District-
. Senate Bill No. 127. A bill to be entitled an Act to amend the charter of the City of Toccoa, and for other purposes.

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

Mr. President:
The House has passed by the requtstte constitutional majority the following resolution of the Senate, to-wit:

By Senator McWhorter of the 50th DistrictSenate Resolution No. 48. A resolution for the relief
of J. F. Wilkinson as surety, and for other purposes.

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

Mr. President:
The House has passed by the reqUisite constitutional majority the following bills of the House, to-wit:

By Mr. Patten of Lanier-
Hause Bill No. 605. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of Lanier County, and for other purposes.

MoNDAY, AuausT 17, 1931.

1017

By Messrs. Maynard of Sumter, King of Clay, Chalker of Pulaski, Powell of Coweta, McKoy of Coweta, and Arnold of Clarke-
House Bill No. 67. A bill to be entitled An Act to amend the Banking Act of 1919, approved August 16, 1919, and Acts of 1927 amendatory thereof.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President: The House has passed by the requ!Slte constitutional
majority the following resolutions of the House, to-wit:

By Mr. Adams of Towns-
House Resolution No. 60-405A. A resolution to refund fee deposited under Motor Carriers Act of 1929, and for other purposes.
By Messrs. Davis and Mooty of Troup-
House Resolution No. 62-440A. A resolution for relief and refund of illegal tax, and for other purposes.
By Mr. Mundy of Clayton-
House Resolution No. 65-472A. A resolution to relieve Seth B. Adams, Mrs. Ora Adams, and the Estate of M.
T. J. Long of Clayton County, Georgia, as sureties on the
bond of E. V. Adams, and for other purposes.
By Messrs. Brannen and Donaldson of Bulloch-
Hause Resolution No. 70-496A. A resolution authorizing and instructing the Highway Department to pave certain roads along State Route No. 26, and for other purposes.

1018

JouRNAL OF THE SENATE,

By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Resolution No. 71-496B. A resolution to relieve D. A. :\ndrews and Louis Simons as sureties, and for other purposes.

By Messrs. Davis and Mooty of Troup-
House Resolution No. 75-530B. A resolution to relieve B. F. Harrell and T. P. Haralson on appearance bond in City Court of LaGrange, and for other purposes.

By ~Iessrs. Davis and :Mooty of Troup-
House Resolution No. 76-530C. A resolution to relieve W. H. Colley on appearance bond in the City Court of LaGrange, and for other purposes.

By Mr. Carlisle of Bibb-
House Resolution No. 77-530D. A resolution to relieve 0. H. Booker from bond forfeiture in City Court of Macon, and for other purposes.

By Mr. Carlisle of Bibb-
House Resolution No. 78-530. A resolution to relieve H. B. Bloodworth from bond forfeiture in Bibb Superior Court, and for other purposes.

By Mr. Lindsay of DeKalb-
House Resolution No. 94-593F. A resolution authorizing the Military Department of the State to investigate the claims of Roosevelt Henley, and for other purposes.

By Mr. Walker of Ben Hill-
House Resolution No. 97-615B. A resolution to relieve
a bail-bond signed by J. B. Seanor and J. Casper of Ben
Hill County, and for other purposes.

MoNDAY, AucusT 17, 1931.

1019

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 253. A bill to be entitled an Act to amend an Act entitled an Act to regulate the compensation of official reporters of Superior Courts, and for other purposes.

By Mr. Bunn of Ware-
House Bill No. 355. A bill to be entitled an Act to provide for the manner in which tax fi. fas. shall be issued by the collectors of ad valorem taxes in certain counties in the State of Georgia, and for other purposes.

By Messrs. Park, Carlisle, and Gillen of Bibb-
House Bill No. 426. A bill to be entitled an Act to authorize and require the opening of the Tax Receiver's books in certain counties of the State of Georgia, and for other purposes.

By Mr. Logan of Banks-
House Bill No. 478. A bill to be entitled an Act to amend the Park's Code of Georgia, and for other purposes.

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 387. A bill to be entitled an Act to amend an Act of the Legislature, approved August 16, 1931, so as to make the bailiff to the Solicitor of the City Court and the bailiff to the Solicitor of the Superior Court in certain counties, the probation officers, and for other purposes.

1020

JouRNAL oF THE SENATE,

By Messrs. Park and Gillen of Bibb-
House Bill No. 449. A bill to be entitled an Act!to authorize the Board of County Commissioners or other fiscal agent of certain counties in this State to elect one mem bcr of the Board of County Tax Assessors as a full time Tax Assessor, and for other purposes.

By l\lessrs. Ashley of Lowndes, l\Iardre of Thomas, and others-
House Bill ;\o. 482. A bill to be entitled an Act to amend an Act entitled an Act to abolish the fees accruing in the office of Solicitor-General in criminal cases in the Southern Judicial Circuit of this State, as provided by the General Laws of this State, and for other purposes.

By l\lessrs. Lester, Lanier, and Cartledge of Richmond-
House Bill No. :385. A bill to be entitled an Act to make tax collectors in certain counties in this State, exofficio sheriffs in certain cases, and for other purposes.

By l\Iessrs. Stanton and Bunn of \Yare-
House Bill No. 507. A bill to be entitled an Act to provide for the compensation of Juvenile Court Judges in certain counties of this State, and for other purposes.

By Mr. Eckford of Fulton-
House Bill No. 527. A bill to be entitled an Act to amend an Act entitled an Act to authorize the Board of Commissioners of Roads and Revenues of certain counties in this State to supplement the funds of the County Board of Education from any funds of the said counties derived from any source other than taxation, and for other purposes.

MoNDAY, AuGusT 17, 1931.

1021

By Messrs. Gillen and Carlisle of Bibb-
House Bill No. 544. A bill to be en ti tied an Act to prevent ineligibility of policemen and firemen in certain cities of this State bY reason of affiliation with or membership in a religious, f;aternal, or labor organization, and for other purposes.

By Messrs. Fckford, McRae, Still of Fulton, and others-
House Bill No. 570. A bill to be entitled an Act amending the city charter of the City of Atlanta and creating a City Planning Commission, and for other purposes.

By Messrs. Eckford, McRae, and Still of Fulton, and others-
House Bill No. 574. A bill to be entitled an Act to increase the city limits of the City of Atlanta for the purpose of taking in a small portion of territory, and for other purposes.

By Messrs. Lanier, Lester, and Cartledge of Richmond, and others-
House Bill No. 592. A bill to be entitled an Act to create the Savannah River Navigation Commission, and for other purposes.

By Mr. Walker of Ben Hill-
House Bill No. 607. A bill to be entitled an Act creating a County Depository for Ben Hill County, and for other purposes.

By Messrs. Adams of Towns, Townsend of Dade, and others-
\ House Bill No. 606. A bill to be entitled an Act to Juthorize ordinaries of certain counties to use funds arising to such counties from the allocation of gasoline tax

1022

JouRNAL OF THE SENATE,

monies in retiring Highway bonds issued by such counties, and for other purposes.

By Mr. Musgrove of Clinch-
House Bill No. 622. A bill to be entitled an Act to require certain county officers in counties having a certain maximum and minimum population to make monthly financial statement reflecting the financial condition of the offices held by them, and for other purposes.

By Messrs. Davis, Lanham, and Crawford of Floyd-
House Bill No. 623. A bill to be entitled an Act to amend the Civil Code of 1910, and for other purposes.

By Mr. Preston of Walton-
House Bill No. 618. A bill to be entitled an Act to provide that the County Superintendent of Schools may be a resident and reside in the County Site of said County, in counties of this State having a certain population, and for other purposes.

By Mr. Thompson of Barrow-
House Bill No. 619. A bill to be entitled an Act to provide that County Superintendent of Schools may be a resident and reside in the County Site of said County, in counties of this State having a certain popul<o\tion, and for other purposes.

By Mr. Myrick of Chatham-

House Bill No. 370. A bill to be entitled an Act to

amend the several Acts creating and relating to the City

Court of Savannah, and for other purposes.

By Messrs. Oliver and Lance of Hall-

j

House Bill No. 626. A bill to be entitled an Act

MoNDAY, AucusT 17, 1931.

1023

repeal an Act creating a charter for the Town of Belmont, and for other purposes.

By Mr. Gary of Quitman-
House Bill No. 632. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Quitman County, and for other purposes.

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

By Senator Harris of the 18th District-
Senate Resolution No. 60. A resolution to amend the Constitution to abolish Justice Courts in Richmond County, as follows:

A RESOLUTION

To propose to the people an Amendment to the Constitu-

?Y ----~"'- tion of th~ State of Georgia

~triking f:om Section

- VII of Arttcle 6, of the ConstitutiOn of thts State the

following proviso at the end of said section, to-wit:

lilt "Provided that nothing herein contained shall apply i.o Richmond County," so as to authorize the County

of Richmond as provided in Section VII, of Article 6, of

the Constitution of this State to abolish Justice Courts

and the office of Justice of the Peace and of Notary

Publics ex-officio Justice of the Peac~, and for other

purposes.

Section 1. Be it resolved by the General Assembly of the State of Georgia that there is hereby submitted to the people of the State a proposal to amend the Constitution Df the State of Georgia by striking from the end of Section VE, of Article 6 of said Constitution the following proviso, to-wit: "Provided that nothing herein contained shall "op!y to Richmond County," so that when amended ~tion VII, of Article 6 of the Constitution of this State

1024

JouRNAL OF THE SENATE,

shall read as provided in the Act of the General Assembly of 1927, proposing an amendment to said section and article of the Constitution, with the exception that the proviso quoted above is eliminated.
Sec. 2. Be it further resolved 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 thereof, and published in one newspaper 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 of the State 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 6, Section 7, of the Constitution, striking from said Section 7 the last sentence thereof, to-wit: "Provided, that nothing contained shall apply to Richmond County," and all persons opposed to the adoption __,of said amendment shall have written or printed on the.\1 ballots the words, "Against ratification of amendment to Article 6, Section 7, of the Constitution, striking from said Section 7, the last sentence thereof, to-wit: "Provid-:>d that nothing herein contained shall apply to Richmond 111111111 County," and if a majority of the electors qualified to vote for the members of the General Assembly, voting thereon shall vote for ratification, the Governor shall, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in cases of election for 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.
The report of the committee, which was favorabl~ to the passage of the Resolution, was agreed to.

MoNDAY, AuausT 17, 1931.

1025

On the passage of the resolution, which proposed an amendment to the Constitution, the roll was called, and the vote was as follows:

Those voting m the affirmative were Senators:

Adkins Alexander Beck Brock Clements Courson Davis Dekle Denton Duckworth Evans Fowler Hand

Harris Horn Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Moore Neisler Nix North

Perkins Pratt Pruett Puett Reagan Richardson Smith Stark Strickland Waters Weekes West Williams

The roll call was verified.

The ayes were 39, the nays 0.

The resolution, being an amendment to the Constitution, received the requisite two-thirds constitutional majority and was passed.

The following bill of the Senate, favorably reported by the committee, was read the second time:

By Senator Ennis of the 20th DistrictSenate Bill No. 176. A bill to exempt from taxation
houses, lands and equipment of certain Women's Clubs.
Senator Williams of the 27th District, asked unanimous consent that the following bill be withdrawn from the committee, read the second time, and recommitted, and the consent was granted:
By Mr. Preston of WaltonHouse Bill No. 620. A bill to amend an Act to create
a Board of Commissioners of Walton County.

1026

JouRNAL OF THE SENATE,

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

By Senator Reagan of the 35th District-
Senate Bill No. 173. A bill to authorize Boards of Commissioners of certain counties to supplement funds of Boards of Education.
The report 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 of the Senate was read the third time and put upon its passage:
By Senator Duckworth of the 7th District-
Senate Bill No. 1:32. A bill to amend the Constitution as to what shall constitute the first term in the Supreme Court and Court of Appeals, as follows:
A BILL
To be entitled an Act to amend the Constitution of this State as to what shall constitute the first term of a case in the Supreme Court or in the Court of Appeals, and as to the time and manner of disposing of such cases, by striking therefrom Paragraph G of Section 2 of Article 6 and inserting in its place a new paragraph declaring what shall constitute the first term of every case, and providing how and when such cases shall be disposed of; 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 6 of Section 2 of Article 6 of

MoNDAY, AucusT 17, 1931.

1027

the Constitution of this State be, and the same hereby is, amended, by striking said paragraph in its entirety and substituting in its place a paragraph to read, as follows:
"\Vhere a writ of error is received by the Supreme Court or the Court of Appeals during a term and before the docket is by order of the court closed for such term, that shall be the first term of the case. If received at any other time, the next term following its receipt shall be the first term of the case. Every case shall be disposed of at its first or second term; and in case the plain tiff in error is not prepared at the first term to prosecute the caseunless prevented by providential cause-it shall be stricken from the docket, and the judgment below shall stand affirmed. But no writ of error shall be dismissed, nor the jurisdiction of the review court affected, for the fault of any ministerial officer or of any trial court judge, or for any cause not involving a consideration of the case on its merits, where the plaintiff in error and his counsel are without fault, or where the law in point is reasonably capable of a construction that will prevent dismissal. No writ of error shall be dismissed in any event without the concurrence of all the judges or justices of the court dismissing it. In such cases, no prior decision dismissing a writ of error shall be binding as a precedent on any judge or justice."
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 newspaper in each Congressional District of this State for two months previous to the time of holding the next general election, and shall, at the next general election, be submitted to the people of this State 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

1028

JouRNAL OF THE SENATE,

of amendment to Paragraph 6 of Section 2 of Article 6 of the Constitution, by striking the same and substituting in its place a new paragraph declaring what shall be the first term of each case in the Supreme Court and in the Court of Appeals, and providing how and when the same shall be disposed of;" and all persons voting at said election opposed to adopting said amendment shall have written or printed on their ballots the words "Against ratification of amendment to Paragraph 6 of Section 2 of Article 6 of the Constitution, by striking the same and substituting in its place a new paragraph declaring what shall be the first term of each case in the Supreme Court and in the Court of Appeals, and providing how and when the same shall be disposed of." 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 consolidated as now required by law in the election of members of the General Assembly, then said amendment shall become a part of Article 6, Section 2 of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.

Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith be, and the same hereby are, repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, being an amendment to the Constitution, the roll was called, and the vote was as follows:

Those voting in the affirmative were Senators:

Beck Brock Clements Courson Davis

Dekle Denton Duckworth Evans Fowler

Hand Harris Horn Jackson Jones

MoNDAY, AuousT 17, 1931.

1029

Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler

Nix North Perkins Pratt Pruett Puett Reagan Richardson

Smith Stark Strickland Wallace Waters Weekes Whitehurst

Those voting In the negative were Senators:

Adkins

Alexander

The roll call was verified.

The ayes were 38, the nays 2.

The bill being an amendment to the Constitution, received the requisite two-thirds constitutional majority, and was passed.

Senator Fowler of the 39th District was called to the Chair.

Senator Duckworth of the 7th District asked unanimous consent that the above bill, viz., Senate Bill No. 132, be immediately transmitted to the House, and the consent was granted.

The following bills of the Senate were read the third time and put upon their passage:

By Senators West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 97. A bill to regulate motor vehicles.
The committee moved to amend Section 16 by striking from the bill the following sentence near the middle of said Section 16:
"Provided further that the prov1s10ns of this Act shall not apply to chatter trips of a motor common carrier of

1030

JouRNAL OF THE SENATE,

passengers owning certificate under the laws of this State, where such charter trips originate on the respective regular route of such common carrier and such charter trips are made incidental to the regular service of such motor common carrier and are made under such rules and regulations as the commission may prescribe respecting the same; and said commission is hereby authorized and directed to promulgate such rules and regulations."

and insert in lieu thereof:

"Provided further that the provtswns of this Act shall not apply to motor common carriers in their actions as such or to the charter trips of motor common carriers of passengers holding certificate of public convenience and necessity under the laws of this State where such charter trips originate on the respective regular routes of such common carriers and are made under such rules and regulations as the commission may prescribe respecting the same; and said commission is hereby authorized and directed to promulgate such rules and regulations."
The amendment was adopted.
The committee moved to amend Subsection (e) of Section 3 by striking out said Subsection (e) and inserting in lieu thereof the following:
"(e) The words 'contract motor carrier' mean every person owning, controlling, operating or managing any motor-propelled vehicle and the lessees, receivers or trustees thereof used in the transporting of persons and or property (otherwise than over permanent rail tracks) for hire on the public highways of this State, otherwise than
as a common earn.er."
The amendment was adopted.
The committee moved to amend by adding after the words "Motor Carriers Act of 1931" in Section 20 the

MoNDAY, AuousT 17, 1931.

1031

words "So far as the same applies to contract carriers."
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, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator McWhorter of the 50th District asked unanimous consent that the above bill, viz., Senate Bill No. 97, ..be immediately transmitted to the House, and the consent was granted.

By Senators McWhorter of the 50th District, Jackson of the 14th District, and Jones of the 51st District-
Senate Bill No. 11. A bill to provide for licenses for contractors.
The committee moved to amend Senate Bill No. 41, as follows:
1. Amend the title by adding, after the word "contractors" in the third line, the following, "to be operated under and supervised by the Secretary of State."
2. Amend Section 4, by adding after the word "contractors" in the second line, the parenthetical clause, "to operate under and be supervised by the Secretary of State."
3. Add Section 12Yz: "Any person, firm, or any other organization may file a duly verified complaint with the Board or Secretary of State that the licensee under this Act is guilty of one or more of the following Acts of omission: (1) Abandonment of any contract without legal excuse; (2) diversion of funds or property received under express agreement for prosecution or completion of a specific contract to the application of any other contract, obligation

1032

JouRNAL oF THE SENATE,

or purpose with intent to defraud or deceive creditors or the owner; (3) fraudulent departure from or disregard of plans and specifications in any material respect, without consent of the owner or his duly authorized representative; or the doing of any wilful, fraudulent act by a licensee as a contractor in consequence of which another is substantially injured."
4. Amend by adding Section 11_%' as follows: "Officials, committees or boards authorized to award contracts for public work in the name of the State, or any county, city, town, or other political subdivision thereof, shall refuse to issue plans and specifications on any contemplated.. public work to any contractor who, by one week prior to the officially designated letting date, has not satisfied, by a response to a prepared and standardized questionnaire, such officials, committees, or boards, of his skill, integrity and responsibility, and that he is possessed of sufficient equipment and capital to undertake and complete the contract to be competed for, provided that any contractor applying for plans and specifications must answer as one question of the questionnaire whether or not he has ever undertaken and failed to complete a contract, and shall explain such failure to the satisfaction of awarding officials on penalty of being denied the right to compete for the contract.
The amendment was adopted.
Senator Jackson of the 14th District, President Pro Tern., was called to the Chair.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 31, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

MoNDAY, AucusT 17, 1931.

1033

Senator McWhorter of the 50th District asked unanimous consent that the above bill, viz., Senate Bill No. 41, be immediately transmitted to the House, and the consent was gran ted.

By Senator McWhorter of the 50th District-
Senate Bill No. GO. A bill to amend an Act known as the Georgia Motor Vehicle Law.
The committee moved to amend Senate Bill No. GO by changing the period at the end of paragraph (b) on page 2 of Section 1 to a comma and adding the following proviso to-wit: "provided that the cost of tag or number plate together with fastener lock nub, or device calculated to prevent the illegal interchange or transfer of license tag or plate shall not exceed the sum of 5 cents" per vehicle.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 26, the nays 10.
The bill as amended having received the requisite constitutional majority was passed.
Senator l\Ic\Vhorter of the 50th District asked unammous consent that the above bill, viz., Senate Bill No. 60, be immediately transmitted to the House, and the consent was granted.
Senator l\IcWhorter of the 50th District asked unanimous consent that the Senate reconsider its action in ordering Senate Bill No. 97 immediately transmitted to the House, reconsider its action in passing the bill and in agreeing to the report of the committee, and that the Secretary be instructed to incorporate the following amend-

1034

JouRNAL oF THE SENATE,

ment and transmit the bill to the House immediately, and the consent was gran ted:
Senators Watson of the 3rd District and Duckworth of the 7th District moved to amend by adding at the end of the first paragraph of Section 16 the following words "nor shall the provisions of this Act apply to farm truck engaged chiefly in agriculture but which occasionally haul for hire where the weight of the truck and load does not exceed 10,000 lbs. in the aggregate."
The amendment was adopted.

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

By Mr. Howard of Chattahoochee-
House Bill No. 65. A bill to amend an Act to reorganize and reconstitute the State Highway Department.
Senator Dekle of the 6th District moved to amend by adding thereto a new section, Section 7, following Section 6, to read as follows: "It is further provided that any county having a surplus of funds in its treasury at the time of the .passage of this Act, said surplus being the result of a county bond issue for the building of roads and left over after the building of the roads contemplated in such county, may donate same to the Highway Department to be spent on roads in its county and provided further that same shall not become a debt or obligation of the Highway Department and provided further that said sum shall be spent only on roads already certified into the State Aid Road System. Said contribution shall not become an obligation on the part of the State nor the Highway Department in favor of said contributing county."
The amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MoNDAY, AuGusT 17, 1931.

1035

On the passage of the bill, the ayes were 28, the nays 3.
The bill having received the requisite constitutional majority was passed.

By Mr. Cochran of Thomas-
House Bill No. 54. A bill to provide an exemption of $15 per week from garnishment to certain 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 27, the nays 0.
The bill having received the requisite constitutional majority was passed.
Senator Harris of the 18th District moved that the Senate adjourn, and the motion prevailed.
The Chair announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

1036

JouRNAL oF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
TuEsDAY, AucusT 18, 1931.
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. The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bill of the Senate was read the first time and referred to the Committee on State of the Republic:
By Senator McKenzie of the 48th DistrictSenate Bill No. 179. A bill to make it unlawful to pos-
sess, own, or carry Machine Guns, or Sawed Off Shot Guns.
Senator McWhorter of the 50th District, Chairman of the Committee on Education, submitted the following report:
Mr. President: Your Committee on Education has had under considera-
tion 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:

Tt;ESDAY, AuGusT 18, 1931.

1037

House Bill No. 1.

Respectfully submitted, McWhorter, Chairman.

Senator Johnson of the 42nd 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. 580.
Respectfully submitted,
JoHNSON, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 90, 129 and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the House and Senate, to-wit:

1038

JouRNAL or THE SENATE,

House Bill No. 563. A bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, and for other purposes.

By Senator Jones of the 51st District-
Senate Bill No. 114. A bill to be entitled an Act to amend an Act incorporating the Town of Alpharetta, and for other purposes.

The Ho'JSe has passed by the requisite constitutional majority the following resolution of the Senate, to-wit:
By Senator Hand of the 8th District-
Senate Resolution No. :>G. :\ joint resolution that the General Assembly of Georgia, go on record as being opposed to the proposed sale by the Federal Farm Board of certain amounts of cotton, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President: The House has passed by the reqmstte constitutional
majority the following bills of the House, to-wit:
By l\Iessrs. Lanier, Lester, and Cartledge of RichmondHouse Bill ~o. 521. :\ bill to be entitled an Act to
amend an :\ct to establish a City Court in the County of Richmond, and for other purposes.

By Mr. Elliott of Henry-
House Bill No. G17. A bill to be entitled an Act to provide for the use of wire baskets in the waters of Henry County.

TuEsDAY, AucusT 18, 1931.

1039

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

Mr. President:
The House has disagreed to the Senate amendments to the following bill of the House, to-wit:

By Messrs. Huddleston of Meriwether, Crowe of Worth, Colson of Glynn, and Edwards of Lowndes-
House Bill No. 194. A bill to be entitled an Act to simplify the operations of the Executive Branch of the State Government, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has disagreed to Senate Amendments Nos. 1, 2, 3, 5, G, 7, 8, 9, 10, 11, 12, 13, 14, 15, Hi, 17, 18, 19, 20, 21, 22, 23, 24, 25, 2G, 27, 28, 29, 30, 31, 32, ;~:3, 34, 35, 3(i, 37, 38, 39, 40, 41, 42, 43, H, 45, 4G, 47, 48 and has agreed to, as amended, Senate Amendment No. 4, to the following bill of the House, to-wit:
By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to be entitled an Act to make for the last half of the fiscal year 1931 and for the fiscal years 1932 and 1933, appropriations for the maintenance and outlay of the State Departments, Boards, Commissions, Bureaus, Public Institutions and educational interest of the State, and for the payment of the public debt and the interest thereon, and for other purposes.

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

1040

JouRNAL oF THE SENATE,

Mr. President:
The House has adopted by the reqmstte constitutional majority the following resolution of the House, to-wit:

By Mr. James of Jones and others-
House Resolution No. 110. A resolution authorizing the appointment of a committee from the General Assembly to investigate the merits of the several A. & M. Schools of this State.
The following House resolution was read the first time:
By Mr. Walker of Ben HillHouse Resolution No. 97. A resolution to relieve J. B.
Seanor and J. Casper as sureties. Referred to Committee on Special Judiciary.
The following bills of the House were read the first time and referred to committees:
By Messrs. Maynard of Sumter, King of Clay, Chalker of Pulaski, and others-
House Bill No. 67. A bill to be entitled an Act to amend the Banking Act of 1919.
Referred to Committee on Banks and Banking.
By Messrs. Lanier, Lester, and Cartledge of RichmondHouse Bill ~o. 2:J:). A bill to be entitled an Act to
amend an Act regulating the compensation of official stenographic reporters of Superior Courts and cities.
Referred to Committee on Special Judiciary.
By Mr. Bunn of WareHouse Bill No. 355. A bill to provide for the manner
in which tax fi. fas. shall be issued in counties of between 26,525 and 26,600 inhabitants.
Referred to Committee on Special Judiciary.

TuEsDAY, AucusT 18, 1931.

1041

By Mr. Myrick of Chatham-
House Bill No. 370. A bill to amend the Acts creating the City Court of Savannah.
Referred to Committee on Special Judiciary.

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 387. A bill to amend an Act so as to make the bailiff to the Solicitor of the Superior Court the probation officer in counties between 70,000 and 74,000 population.
Referred to Committee on Counties and County Matters.

By Messrs. Carlisle, Gillen, and Park of Bibb-
House Bill No. 42G. A bill to authorize and require the opening of Tax Receiver's books in certain counties.
Referred to Committee on Counties and County Matters.

By 1\Iessrs. Park and Gillen of Bibb-
House Bill No. il49. A bill to authorize certain boards of County Commissioners to elect the Tax Assessor and fix his compensation.
Referred to Committee on Counties and County Matters.

By Mr. Logan of Banks-
House Bill No. 478. A bill to amend Park's Code of Georgia, Section G95, Volume 1 by striking the word fifty cents and inserting the word one dollar to apply to certain counties.
Referred to Committee on General Judiciary No. 1

By Messrs. Sutton of Colquitt, Turner of Brooks, and others-
House Bill No. 482. A bill to amend an Act abolishing

1042

JouRNAL oF THE SENATE,

the fees accruing in the office of the Solicitor-General, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Stanton and Bunn of Ware-
House Bill No. 507. A bill to provide for the compensation of Juvenile Court Judges in certain counties.
Referred to Committee on Special Judiciary.

By Mr. Eckford of Fulton-
House Bill No. 527. A bill to amend an Act authorizing the Board of Commissioners of Roads and Revenues to supplement funds of the county board of education in certain counties.
Referred to Committee on Education.

By Messrs. Gillen and Carlisle of Bibb-
House Bill No. 544. A bill to prevent ineligibility of policemen and firemen by reason of religious or fraternal affiliation in certain cities.
Referred to Committee on Municipal Government.

By Messrs. Crawford and Lanham of Floyd-
House Bill N"o. 563. A bill to amend an Act creating a new charter for the City of Rome.
Referred to Committee on Municipal Government.

By Messrs. Eckford, McRae, and Still of Fulton and Lindsay, Leathers, and Beaman of DeKalb-
House Bill No. 570. A bill to amend an Act amending the charter of the City of Atlanta.
Referred to Committee on Municipal Government!

TuEsDAY, AucusT 18, 1931.

1043

By Messrs. Eckford of Fulton, Lindsay of DeKalb, and others-
House Bill No. 574. A bill increasing the City Limits of Atlanta.
Referred to Committee on Municipal Government.

By Messrs. Lester, Lanier, and Cartledge of Richmond, and others-
House Bill ~o. 392. A bill to create the Savannah River Navigation Commission.
Referred to Committee on State of the Republic.

By Mr. Patten of Lanier-
Hause Bill No. fi05. A bill to create the office of Commissioner of Roads and Revenues of Lanier County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Adams of Towns, Culpepper of Echols, and Townsend of Dade-
House Bill No. 606. A bill to authorize ordinaries of certain counties to use funds arising from the allocation of the gasoline tax monies in retiring Highway Bonds issued by such counties.
Referred to Committee on Counties and County Matters.

By l\Jr. \Yalker of Ben HillHouse Bill No. 607. A bill creating a County Depository
for Ben Hill County.
Referred to Committee on Counties and County Matters.

By Mr. Preston of WaltonHouse Bill No. 618. A bill to provide that the County

1044

JouRNAL OF THE SENATE,

Superintendent of Schools may live in the county site tn certain counties.
Referred to Committee on Counties and County Matters.

The following resolutions of the House were read the first time and referred to committees:

By Mr. Adams of Towns-
House Resolution No. 60-405A. A resolution to refund fee deposited under Motor Carriers Act of 1925.
Referred to Committee on Finance.

By Messrs. Davis and Mooty of Troup-
House Resolution No. 62-440A. A resolution for the relief and refund of illegal tax.
Referred to Committee on Special Judiciary.

By Mr. Mundy of Clayton-
House Resolution No. 65-472A. A resolution to relieve
Seth B. Adams, Mrs. Ora Adams and the estate of M. T. J.
Long as sureties on the bond of E. V. Adams.
Referred to Committee on Special Judiciary.

By Messrs. Brannen and Donalson of Bulloch-
Hause Resolution No. 70-496A. A resolution authorizing the Highway Department to pave certain roads along State Route No. 26.
Referred to Committee on Highways and Public Roads.

By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Resolution No. 71-496B. A resolution to relieve D. A. Andrews and Louis Simmons as sureties.
Referred to Committee on Special Judiciary.

TuEsDAY, AuousT 18, 1931.

1045

By Messrs. Davis and Mooty of Troup-
House Resolution No. 75-530B. A resolution to relieve T. P. Haralson and B. F. Harrell as sureties, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Davis and Mooty of Troup-
House Resolution No. 76-530C. A resolution to relieve W. H. Colley on appearance bond.
Referred to Committee on Special Judiciary.

By Mr. Carlisle of Bibb-
House Resolution No. 77-530D. A resolution to relieve 0. H. Booker as surety.
Referred to Committee on Special Judiciary.

By Mr. Carlisle of Bibb-
House Resolution No. 78-530E. A resolution to relieve H. B. Bloodworth as surety.
Referred to Committee on Special Judiciary.

By Mr. Lindsay of DeKalb-
House Resolution No. 91-593F. A resolution authorizing the Military Department to investigate the claims of Roosevelt Henley.
Referred to Committee on Military Affairs.

Senator Strickland of the 1st District asked unanimous consent that the Senate reconsider its action in passing the following bill, and in agreeing to the report of the committee, and that it incorporate the following substitute in the passage of the bill, and the consent was granted:

1046

JouRNAL oF THE SENATE,

By Mr. Myrick of Chatham, and othersHouse Bill No. 582. A bill to amend the Acts incorporat-
ing the City of Savannah.
The substitute is as follows:

A BILL
An Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah.
Section (1). Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Mayor and Aldermen of the City of Savannah, be, and it is hereby authorized and empowered, to pass such ordinances as it may see fit, and proper for the purpose of placing the nurses employed by the City of Savannah, in connection with the Health Work, either under the Sanitary Board of the City of Savannah, and the Health Officer or the Committee on Health and the Health Officer of the City of Savannah. Provided, nevertheless that nothing in this section shall repeal any rights granted heretofore to the Board of Sanitary Commissioners by the Acts of the General Assembly of the State of Georgia, except that it shall be discretionary with the Mayor and Aldermen of the City of Savannah to place the supervision of the nurses of the City of Savannah under either the Sanitary Board, or the Health Committee and the Health Officer, as it shall see fit and proper. It is further provided that nothing in this section shall repeal the rights of the Mayor as given him under the Acts of the General Assembly of the State of Georgia of 1919, page 1294.
Sec. (2). Be it further enacted by the authority aforesaid, that Section 5 of the Charter Amendments of the City of Savannah, approved July 27, 1921, page 1077, and as further amended by Section 10, of the Acts of the General Assembly of the State of Georgia, of 1924, page 688, be, and the same are hereby repealed.

TuEsDAY, AucusT 18, 1931.

1047

Sec. (3). Be it further enacted by the authority aforesaid, that any regular employee of the City of Savannah who has served well and faithfully for a period of 25 years, or more, (of which 5 years service must have been continuous and immediate before his retirement) shall, upon application to the Mayor and Aldermen of the City of Savannah, be retired from active service if he is physically unfit to perform the services for which he was employed, or upon his own application if in the opinion of the Mayor and Aldermen of the City of Savannah, he is entitled to said retirement and pension, and shall, if retired, receive for the balance of his life one-half of the amount of the salary paid him at the time of his retirement, the pension, however, to in no event exc::ed the sum of One Hun:lred Dollars ($100.00) per month, but he shall be subject to call for active service for at least fifteen days each month, if his physical condition permits.
Sec. (4). Be it further enacted by the authority aforesaid, that if any employee of the Mayor and Aldermen of the City of Savannah, shall have served well and faithfully for a period of 25 years or more, of which 5 years has been continuous, and immediate before his retirement, he shall not be subject to dismissal by the Mayor and Aldermen of the City of Savannah, without said :VIayor and Aldermen of the City of Savannah granting him said pension unless he has violated some rule or regulation of the Department, and in that event, the dismissal must be approved by the Mayor and two-thirds of the B::>ard of Aldermen or by three-fourths of the Board of Aldermen; this provision shall not apply to elective officers.
No elective officer shall be entitled to a pension unless he has served 25 years (of which 5 years service must have been continuous and immediate before his retirement), and shall be in the opinion of the majority of the Mayor and Aldermen, or three-fourths of the Aldermen, physically unfit to perform the services for which he was elected. Said offi~er shall be entitled to a pension if he has performed

1048

JouRNAL OF THE SENATE,

the services above set forth whether physically unfit or not provided three-fourths of the Aldermen and the Mayor deem that his services have merited a pension. Said pension to be one-half of his monthly salary but in no event to be over $100.00 per month.
Sec. (5). Be it further enacted by the authority aforesaid, if any employee of the City of Savannah shall be permanently injured or disabled while in the performance of his duty, the Mayor and the majority of the Aldermen shall have the right, if they see fit and proper, irrespective of time or service, to grant a pension to said employee, in an amount not exceeding one-half of his salary at the time of the injury or accident, and in no event shall the pension be over $100.00 per month.
Sec. (6). Be it further enacted by the authority aforesaid, that from and after the passage of this Act, if any employee of the Mayor and Aldermen of the City of Sa,rannah should become employed by the City of Savannah, County of Chatham, or any State Department of the State of Georgia, after having been placed upon the pension roll of the City of Savannah, then and in that event, his pension shall cease. This section shall not be retroactive and shall apply only to those pensioned after the passage of this Act.
Sec. (7). Be it further enacted by the authority aforesaid, that any laws and parts of laws in conflict with this Act, unless specially excluded, be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill by substitute, the ayes were 41, the nays 0.
The bill by substitute having received the requisite constitutional majority was passed.

TuESDAY, AuGusT 18, 1931.

1049

The following bills of the House were read the first time and referred to committees: By Mr. Thompson of Barrow-
House Bill No. 619. A bill to provide that County Superintendent of Schools may be a resident of the county site and reside in the county site in certain counties.
Referred to Committee on Counties and County Matters.
By Mr. Musgrove of ClinchHouse Bill No. 622. A bill to require certain county
officers in certain counties to make monthly financial reports.
Referred to Committee on Special Judiciary. By Messrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. 623. A bill to amend the Code to provide that the County School Superintendent shall not be required to be a voter in that part of the county in which he has jurisdiction, in certain counties.
Referred to Committee on Education.
By Messrs. Oliver and Lance of HallHouse Bill No. 626. A bill to repeal an Act creating
a charter for the Town of Belmont. Referred to Committee on Corporations.
By Mr. Gary of QuitmanHouse Bill No. 632. A bill to amend Georgia Laws of
1929, so as as to provide, that the Board of Roads and Revenues of Quitman County shall consist of five instead of four members.
Referred to Committee on Counties and County Matters.
The following bill of the House, favorably reported by the committee, was read the second time:

1050

JOURNAL OF THE SENATE,

By Messrs. Davis and Lord of Jackson-
House Bill No. 580. A bill to amend an Act establishing the City- Court of Jefferson.

The following bills of the House were read therthird time and put upon their passage:

By l\Ir. :-\twood of Mcintosh-
House Bill ~o. ;"">85. A bill to exempt residents of McIntosh County from payment of license fees to deal in live-stock.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Brannen of Bulloch-
Hause Bill ::\l"o. 587. A bill to create the City Court of Statesboro.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Stewart of Coffee-
House Bill No. 591. A bill to repeal certain sections of an Act establishing the 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 37, the nays 0.

.TuESDAY, AuousT 18, 1931.

1051

The bill having received the requisite constitutional majority was passed.

By Messrs. Carlisle, Gillen, and Park of Bibb-
House Bill No. 628. A bill to revise 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 42, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Harris of Terrell-
House Bill No. 330. A bill to change the county line between Randolph and Terrell 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 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Senator Reagan of the 35th District-
Senate Bill No. 170. A bill to provide for registering dentists.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

1052

JouRNAL OF THE SENATE, .

Senator Richardson of the lOth District asked unanimous consent that the Senate recede from its amendment to the following bill, and the consent was granted:

By 1\fr. Horne of Lee-
House Bill No. 1:)5. A bill to abolish the City Court of Leesburg.

Senator Reagan of the :35th District asked unanimous consent that the following bill be withdrawn from the committee, read the second time, and recommitted, and the consent was granted:
By Mr. Eckford of Fulton and others-
House Bill No. 557. A bill to establish a new charter for the City of Atlanta.
Senator Pruett of the 32nd District gave notice that he will move at the proper time that the Senate reconsider its action in passing House Bill No. 628, a bill to revise the charter of the City of Macon.

By unanimous consent, the following bill was taken from the table and put upon its passage:
Bv Senators Cheatham of the 26th District and Davis of the 31st District-
Senate Bill No. 111. A bill to prohibit the manufacture, sale or keeping of alcoholic liquors.
The committee offered the following substitute-
A BILL
To be entitled an Act to amend an Act approved August 6, 1907, and contained in Georgia Laws 1907, page 81, as follows:

TuEsDAY, AucusT 18, 1931.

1053

"to prohibit the manufacture, sale, barter, g1vmg away to induce trade, or keeping or furnishing at public places, or keeping on hand at places of business of any alcoholic, spirituous, malt or intoxicating liquors, or intoxicating bitters or other drinks, which if drunk to excess will produce intoxication; to except sales of alcohol in certain cases, under certain conditions; to provide certain rules of evidence in connection with the enforcement hereof; to prescribe penalties, and for other purposes."
by adding thereto
"Sec. 2-:\: Providing that the proviSions of this Act shall not invalidate any municipal charter or municipal ordinance which makes penal the sale or handling of the things prohibited in said Act, whether said charter or ordinances were in existence when said Act was passed, or have been or are subsequently passed," and for other purposes.
Be it enacted, by the General Assembly of the State of Georgia, as follows: That an A.ct approved on August G, 1907, and contained in Georgia Laws 1907, page 81, as follows:
"to prohibit the manufacture, sale, barter, g1vmg away to induce trade, or keeping or furnishing at public places, or keeping on hand at places of business of any alcoholic, spirituous, malt or intoxicating liquors, or intoxicating bitters or other drinks, which if drunk to excess will produce intoxication; to except sales of alcohol in certain cases, upon certain conditions; to provide certain rules of evidence in connection with the enforcement thereof; to prescribe penal ties, and for other purposes," be amended by adding or inserting the following section:
"Sec. 2-A: Providing that the provisions of this Act shall not invalidate any municipal charter or municipal ordinance which makes penal the sale or handling of the things prohibited in said Act, whether said charter or

1054

JouRNAL or THE SENATE,

ordinances were in existence when said Act was passed, or have been or are subsequently passed," and for other purposes.
(2) That all laws or 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 by substitute, the ayes were 26, the nays 0.
The bill by substitute having received the requisite constitutional majority was passed.

Senator Dekle of the 6th District asked unammous consent that the following resolution of the Senate be withdrawn from the committee, read the second time, and recommitted, and the consent was granted:

By Senators McWhorter of the 50th District, West of the 11th District, and Ennis of the 20th District-
Senate Resolution No. 59. A resolution permitting the Military Department to supplement its appropriation with unexpended balance for the years 1926 and 1927.

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

By Senator Watson of the 3rd District-
Senate Bill No. 165. A bill to prevent the abatement of causes of action ex-delicto where tort feasor dies before beginning of suit.
The report 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, the nays 0.

TuEsDAY, AuccsT 18, 1931.

1055

The bill having received the requisite constitutional majority was passed.
Senator \Vatson of the 3rd District asked unanimous consent that the above bill, viz., Senate Bill No. 165, be immediately transmitted to the House.

Senator Dekle of the 6th District asked unanimous consent that the Senate disagree to House Amendment to Senate :\mendment No. 4, to the following bill of the House, and that the Senate insist on all its amendments to s::id bill, and the consent was granted:

By Mr. Culpepper of Fayette-
House Bill ~o. 117. :\ bill to make appropriations for the last half of the fiscal year 1931 and for the fiscal years 1932 and 1933.

Senator Peterson of the 15th District moved that the Senate insist on its amendments to the following bill of the House, and the consent was granted:

By l\Ir. Huddleston of Worth-
House Bill No. 191. A bill to simplify the operations of the Executive Branch of the Government.
Senator Ennis of the 20th District moved that all the amendments adopted by the House to Senate Bill No. 92, known as the Congressional Reapportionment Bill, be disagreed to by the Senate, and that the President be authorized to appoint a Conference Committee of three Senators on the part of the Senate to confer with a like committee on the part of the House; which Conference Committee shall be empowered only to consider and report on the disagreeing votes of the two Houses; that is to say, to consider only the subject matter of the items embraced in the amendments adopted by the House and disagreed to by the Senate.

1056

JouRNAL or THE SENATE,

The motion was adopted.
Senator Jackson of the 14th District offered the following resolution:
Whereas, the Senate passed Senate Bill No. 92, known as the Congressional Reapportionment Bill, which was amended by the House and passed by the House, as amended; and said bill being before the Senate for consideration of the House Amendments;
Wherefore, be it resolved that the Senate disagree, and the Senate does hereby disagree to said House Amendments; and the President is authorized to appoint a 'committee of three senators as conferees, to confer with a like committee from the House on the differences in said bill; and
Resolved further, that the said committee be and is hereby instructed to confine and limit its consideration to those changes and amendments offered in the House, and to the counties and districts affected thereby.
The resolution was lost.
Senator Reagan of the 35th District was called to the Chair.
Leave of absence was granted Senator Denton of the 38th District.

The following privileged resolution was read and adopted:
By Senator Strickland of the 1st DistrictA resolution extending the privileges of the floor to the
Hon. W. F. Slater of Bryan County.

The following communication submitted by Senator Perkins of the 17th District was read for the information of the Senate:

TuEsDAY, AucusT 18, 1931.

1057

Aug. 17, 1931.

The Bank of Millen and The First National Bank, Millen, Ga.

Dear Sirs:
At a mass meeting this week representing more than cne thousand farmers of Jenkins County, the following resolutions were unanimously adopted-and with instructions that they be submitted to you for your careful consideration and co-operation.
It was the sense of the meeting that none of the various remedies suggested for the relief of the farmers would meet the present emergency, and that they involved both doubt of their acceptance and serious legal complications, and that the remedy herein contained is the only one that might be immediately applied and relied upon to bring immediate relief.
These resolutions are first submitted to you because it is realized that the movement would have to be financed, and the banks being organized insures prompt action. We, therefore, urge that your influence be used to have the Georgia Bankers Association give prompt consideration to the proposition.

(THE REsoLUTIONs)
Whereas, the farmers of Jenkins County, Georgia, and all of the cotton-producing states are facing the most serious crisis that ever confronted them, and that quick action must be taken in order to stay the hand of absolute financial destruction, therefore be it resolved-that we the farmers of Jenkins County do hereby agree, and will further bind themselves, TO NOT PLANT A SEED OF COTTON IN 1932, provided :-that the farmers of every other cotton-

1058

JouRNAL OF THE SENATE,

producing county in the State, and those of every cottonproducing state of the South, similarly obligate themselves; and further provided, that the present cotton crop is to be withheld from the market for the term of one year, or such time that a price level might be established that would induce some to wish to sell; and further provided, that reasonable advances be made upon the cotton surrendered, and the ultimate price to be that upon which final settlement shall be made.
lie it further resolvi'd, that every effort be made to have the farmers of the entire cotton belt subscribe to this agreement.
That a copy of these resolutions be published in Millen News.
Senator Tackson of the 11th District moved that the Senate adj~urn, and the motion prevailed.

The Chair announced that the Senate stood adjourned until 3:00 o'clock this afternoon.

SENATE CHAMBER,
AucusT 18, 1931.
AFTERNOON SEsSION.

The Senate was called to order by the President at 3:00 o'clock this afternoon.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck Brock Cheatham Clements Courson Davis

Dekle Denton Duckworth Ennis Evans Fowler Hand Harris

Horn Jackson Johnson Jones Knabb Langford Lazenby McKenzie

TuEsDAY, AucusT 18, 1931.

1059

McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson

Pratt
Pruett Puett Reagan
Richardson
Smith Stark Strickland Tippins

Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

Senator Harris of the 18th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on State of the Republic, read the second time, and recommitted to the Committee on Municipal Government:

By Messrs. Lanier and Lester of RichmondHouse Bill No. 565. A bill to amend the charter of the
City of Augusta.
The consent was granted.

Senator Perkins of the 17th 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 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. 59.
Respectfully submitted,
PERKINs, Chairman.

Senator Fowler of the 39th District, Chairman of the Committee on Public Utilities, submitted the following report:

1060

JouRNAL oF THE SENATE,

lvfr. President:
Your Committee on Public Utilities 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. Respectfully submitted,
FowLER, Chairman.

Senator West of the 11th District, Chairman of the Committee on Cniversity of Georgia and Its Branches, submitted the following report:
!IIr. President:
Your Committee on Universit~' of Georgia and Its Branches 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. 72.
Respectfully submitted,
WEsT, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 60, 132, 166 and Senate Resolution No. 60 and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

TuESDAY, AucusT 18, 1931.

1061

Senator Strickland of the 1st 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. 64.
Respectfully submitted,
STRICKLAND, Chairman.

Senator Courson of the 11th 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. 31. Relative to fans in the Senate.
Respectfully submitted,
CouRsoN, Chairman.

Senator Johnson of the 42nd 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

1062

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 Bill No. 565.
Respectfully submitted,
JoHNSON, Chairman.

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

Mr. President:
The House insists upon its disagreement to the Senate amendments and respectfully requests the appointment of a Conference Committee to confer with a like committee on the part of the House on the following bill of the House, to-wit:

By Messrs. Huddleston of Meriwether, Crowe of Worth, etc.-
House Bill No. 194. Known as the General Reorganization Bill.
The Speaker has appointed as a Conference Committee on the part of the House, the following:
Messrs. Crowe of Worth,
Colson of Glynn,
Huddleston of Meriwether.

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

Mr. President:
The House insists upon its posltlon on all amendments and respectfully requests a Senate Committee of Confer-

TuEsDAY, AuGusT 18, 1931.

1063

ence to confer with a like committee of the House on the following bill of the House, to-wit:

By .i\Ir. Culpepper of Fayette-
House Bill 1'\o. 117. A bill to be entitled an Act to make for the last half of the fiscal year of 1931, and for the fiscal years of 1932 and 1933, appropriations for the maintenance and outlay of the State Departments, Boards, Commissions, Bureaus, Public Institutions and Educational Interests of the State and for the payment of the Public Debt, and interest thereon.
The Speaker has appointed as a Committee of Conference on House Bill No. 147 the following members of the House, to-wit:
Messrs. Culpepper of Fayette,
Rivers of Wheeler,
Fagan of Peach.

The following bill of the House, favorably reported by the committee, was read the second time:

By Mr. Kimsey of Rabun-
House Bill No. 64. A bill to permit the chasing of foxes at any time.

The following resolution of the House, favorably reported by the committee, was read the second time:
By Mr. Lewis of HancockHouse Resolution No. 72. A resolution to authorize
the lOth District A. & M. School to deed land.
The following bill of the Senate, favorably reported by the committee, was read the second time:

1064

JouRNAL oF THE SENATE,

By Senator Harris of the 18th District-
Senate Bill No. 178. A bill to amend an Act to change the Board of Roads and Revenues of Jefferson County.

Senator Hand of the 8th District asked unanimous consent that the following resolution of the Senate be read and adopted, and the consent was granted:

By Senator Hand of the 8th District-
Senate Resolution No. 62. A resolution requesting the Governor of Georgia, Senators, and Congressmen from Georgia, to attend a meeting called by Governor Long of Louisiana, of Governors, Senators, and Congressmen of the cotton growing states to meet in New Orleans, Friday, August 21st next.
The President appointed the following Conference Committee on the part of the Senate on Senate Bill No. 92, a bill to reapportion the several Congressional Districts:
Senators Ennis of the 20th District,
McWhorter of the 50th District,
Harris of the 18th District.

The following resolution of the Senate was read and adopted:

By Senator Harris of the 18th District-
Senate Resolution No. 63 as follows:
Be it resolved by the Senate that the best wishes of the Senate be extended to the Hon. John W. Bennett of the 5th District for a speedy recovery from his illness. Be it further resolved that the Secretary send to Senator Bennett at the Piedmont Hospital a copy of this resolution.
The Senate took up for consideration House Bill No. 3, a bill to discount the Western and Atlantic Railroad Rentals.

TUESDAY, AUGUST 18, 1931.

1065

Senator Harris of the 18th District offered a substitute.

Senators Weekes of the 34th District and Nelson of the 13th District offered the following substitute:
Senators Weeks of the 34th District and Nelson of the 13th District moved to amend House Bill No. 3, known as the Western and Atlantic Railway Discount Bill, as follows:
. ( 1)

By striking the entire caption of said bill and by substituting in lieu thereof the following:

"An Act to authorize, empower, and direct the Governor to assign and set apart the rentals of the Western and Atlantic Railroad for certain periods as special treasury funds; to authorize, empower and direct the Governor to draw warrants against said special funds and to discount and/or sell said warrants; to provide for selling certain of said warrants to the State Highway Board; to provide for placing the proceeds arising from the sale of all said warrants in the Treasury; to provide for the expenditure of said proceeds; and for other purposes."
(2)

a. By adding immediately after the word "treasury" in Section II of said bill the following:

I

"And to advertise for bids in such manner as is deemed best by the Governor."
b. By adding immediately after the words "and to

discount and sell said warrant or warrants" in Section II

of said bill the following:

"For cash to the highest bidder."

So that said Section II of said bill, as amended, shall read as follows:

1066

JouRNAL OF THE SENATE,

"Section II. Be it further enacted that the Governor is hereby authorized, empowered, and directed to draw his warrant or warrants against the special fund created by Section I of this Act, so held as a special fund in the treasury, and to advertise for bids in such manner as is deemed best by the Governor, and to discount and sell said warrant or warrants for cash to the highest bidder. Said warrant or warrants shall be duly countersigned by the Comptroller-General."

a. By adding immediately a"fter the words "and directed to" in Section II I of said bill, the following:

"Place within the general State treasury and to."

b. By adding immediately after the word "warrants" in Section III of said bill, the following:

"Described in Section II hereof."

So that said Section III, as amended, shall read, as follows:

"Section III. The Governor is hereby authorized, em-

powered, and directed to place within the general State

treasury and to use and expend the en tire proceeds arising

from the sale of said warrant or warrants described in

Section II hereof in paying and discharging, in so far as

the entire amount of said proceeds will permit, all unpaid

balance of the appropriations made payable by the General

Assembly for the years 1928, 1929 and 1930, including

appropriations made for the payment of pensions to Confederate veterans and the widows of Confederate veterans

1

under the Act approved August :)0, 1929, as amended by

the Act approved l\'Iarch 17, 1931. The unpaid balance

of all the said appropriation shall be paid pro rata; provided

that the State Superintendent of Schools is hereby directed

and instructed to draw requisitions in favor of those schools

in this State receiving aid from the Barrett-Rogers Fund,

and he is hereby instructed to pay all money due those

"chools for the years 1928 and 1929 from the money pro-

TuEsDAY, AucusT 18, 1931.

1067

rated to the common schools under the provisions of this bill. The balance of the money prorated to the common schools shall be prorated among the several counties of the State as now provided by law."

(4)
By adding a new section to said bill, to be known as Section IV, and to read, as follows:
"Be it further enacted by the authority aforesaid, that the Governor is hereby authorized, empowered and directed to immediately assign and set apart the rental arising from the existing lease of the \Vestern and Atlantic Railroad for a period of three years, beginning January 1, 1941, as a special treasury fund, to be used exclusively for the purpose of paying warrants drawn against the same, as hereinafter provided."

(5)
By adding a new section to said bill, to be known as Section V, and to read, as follows:
"Be it further enacted by the authority aforesaid, that the Governor is hereby authorized, empowered and directed, from time to time as hereinafter provided, to draw his warrants against the special fund created by Section IV of this Act, so held as a special fund in the treasury, and to sell said warrants to the State Highway Board. Said warrants shall be duly countersigned by the Comptroller-General. The State Highway Board shall purchase said warrants and shall pay unto the Governor the face value thereof on the following dates and in the following amounts, to-wit:
April 1, 1932 .................... . $540,000.00 October 1, 1932 ................. . $540,000.00

1068

JouRNAL OF THE SENATE,

April 1, 1933..................... $540,000.00

Total amount of warrants and amount to be paid therefor ........ $1,620,000.00

(6)
By adding a new section to said bill, to be known as Section VI, and to read as follows:
"The Governor is further authorized, empowered, and directed to place within the general treasury and to use and expend the entire proceeds arising from the sale of said warrants to the State Highway Board, as said proceeds are received by the Governor, in paying and discharging, in so far as the entire amount of said proceeds will permit, the unpaid balances of all appropriations made by the General Assembly during the regular sessions of said Assembly for the years 1927 and 1929 and during the Extraordinary Session of 1931. The said unpaid balances of the said appropriations shall be paid on a pro rata basis as determined at the times payments of said proceeds are made by the Governor."

(7)
By adding a new section to said bill, to be known as Section VII, and to read as follows:
"Be it further enacted that if any clause, sentence, paragraph, or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid such judgment shall not affect, impair, or invalidate the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, or any part thereof directly involved in the controversy in which such judgment shall have been rendered."

TuEsDAY, AuousT 18, 1931.

1069

(8)
By renumbering Section IV of said bill, such section being the repealing clause, so that said section will be known as "Section VIII."
So that said bill, as amended, shall read as follows:
An Act to authorize, empower, and direct the Governor to assign and set apart the rentals of the Western and Atlantic Railroad for certain periods as special Treasury Funds; to authorize, empower, and direct the Governor to draw warrants against said special funds and to dis:.. count and/or sell said warrants; to provide for selling certain of said warrants to the State Highway Board; to provide for placing the proceeds arising from the sale of all said warrants in the Treasury; to provide for the expenditure of said proceeds; and for other purposes.
Section 1. Be it enacted, by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Governor of the State is hereby authorized, empowered, and directed to immediately assign and set apart the rental arising from the existing lease of the Western and Atlantic Railroad for a period of five years beginning January 1, 1936, as a special treasury fund, to be used exclusively for the purpose of paying warrants drawn against the same, as hereinafter provided.
Sec. II. Be it further enacted, that the Governor is hereby authorized, empowered, and directed to draw his warrant or warrants against the special fund created by Section I of this Act, so held as a special fund in the treasury, and to advertise for bids in such manner as is deemed best by the Governor, and to discount and sell said warrant or warrants for cash to the highest bidder. Said warrant or warrants shall be duly countersigned by the Comptroller-General.
Sec. III. The Governor is hereby authorized, empowered, and directed to place within the general State Treasury and to use and expend the entire proceeds arising from the

1070

JouRNAL oF THE SENATE,

sale of said warrant or warrants described in Section II hereof in paying and discharging, in so far as the entire amount of said proceeds will permit, all unpaid balance of the appropriations made payable by the General Assembly for the years 1928, 1929 and 19:10, including appropriations made for the payment of pensions to Confederate veterans and the widows of Confederate veterans under the Act approved August :30, 1929, as amended by the Act approved \larch 17, 19:31. The unp::tid balance of all the said appropriations shall b.: paid pro rata; provided that the State Superintendent of Schools is hereby directed and instructed to draw requisitions in favor of those schrnls in this State receiving aid from the Barrett-Rogers Fund, and he is hereby instructed to pay all money due those schools for the years 1928 and 1929 from the money prorated to the common schools under the provisions of this bill. The balance of the money prorated to the common schools shall be prorated among the several counties of the State as now provided by law.

Sec. IV. Be it further enacted, by the authority aforesaid, that the Governor is hereby authorized, empowered, and directed to immediately assign and set apart the rental arising from the existing lease of the Western and Atlantic Railroad for a period of three years, beginning January 1, 1941, as a special treasury fund, to be used exclusively for the purpose of paying warrants drawn against the same, as hereinafter provided.

Sec. V. Be it furtlzcr macted, by the authority aforesaid, that the Governor is hereby authorized, empowered, and directed from time to time as hereinafter provided, to draw his warrants against the special fund created by Section IV of this Act, so held as a special fund in the treasury, and to sell said warrants to the State Highway Board. Said warrants shall be duly countersigned by the Comptroller-General. The State Highway Board shall purchase said warrants and shall pay unto the Governor

TuEsDAY, AucusT 18, 1931.

1071

the face value thereof on the following dates and in the following amounts, to-wit:
April 1, 1932.................... . $540,000.00 October 1, 1932 ................. . $540,000.00 April 1, 1933 .................... . $540,000.00

Total amount of warrants and amounts to be paid therefor ....... $1,620,000.00
Sec. VI. The Governor is further authorized, empowered, and directed to place within the general treasury and to use and expend the entire proceeds arising from the sale of said warrants to the State Highway Board, as said proceeds are received by the Governor, in paying and discharging, in so far as the entire amount of said proceeds will permit, the unpaid balances of all appropriations made by the General Assembly during the regular sessions of said Assembly for the years 1927 and 1929 and during the extraordinary session of 1931. The said unpaid balances of the said appropriations shall be paid on a pro rata basis as determined at the times payments of said proceeds are made by the Governor.
Sec. VII. Be it further enacted, that if any clause, sentence, paragraph, or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid such judgment shall not affect, impair, or invalidate the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, or any part thereof directly involved in the controversy in which such judgment shall have been rendered.
Sec. VIII. 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, further consideration of the bill, viz., House Bill No. 3, was postponed until tomorrow.

1072

JouRNAL oF THE SENATE,

Senator Langford of the 22nd District moved that House Bill No. 628, a bill to revise the charter of the City of Macon, be immediately transmitted to the House, and the motion prevailed.
The President appointed as a Conference Committee on the part of the Senate to confer with a like committee from the House, on House Bill No. 147, a bill to make appropriations for the last half of the fiscal year 1931, and for the fiscal years 1932 and 1933, the following:
Senators Dekle of the 6th District, Ennis of the 20th District, Hand of the 8th District.
The President appointed as a Conference Committee on the part of the Senate to confer with a like committee on the part of the House, on House Bill No. 194, a bill to simplify the operations of the Executive Branch of the Government, the following:
Senators Peterson of the 15th District,
Bennett of the 5th District,
Neisler of the 23rd District.
The Secretary read a communication from the Georgia Yorktown Sesquicentennial Commission inviting the Sehate to accompany the commission to the celebration at Yorktown, Va. on October 16 to 20th, next.
The invitation was accepted.

The following privileged resolutions were read and adopted:

By Senators Wallace of the 20th District and McWhorter of the 50th District-
A resolution extending the privileges of the floor to Dr. Chas. H. Herty, a distinguished Georgian and chemist.

TuEsDAY, AucusT 18, 1931.

1073

By Senator Langford of the 22nd District-
A resolution extending the privileges of the floor to the Hon. W. T. Anderson, President and Editor of the Macon Telegraph.
Upon motion, the Senate adjourned until 9:00 o'clock tomorrow morning.
The Chair announced that the Senate now stood adjourned until 9:00 o'clock Wednesday morning.

1074

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
\VEDNESDAY, AUGUST 19, 1931.
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.
The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following resolution was read and adopted:
By Senator Neill of the 2,1th DistrictSenate Resolution No. 64, as follows: lf/hereas, the Senate has learned with profound regret
of the illness of the Hon. E. B. Dykes of the County of Dooly, a member of the House of Representatives, and former President of the Senate,
Therefore, be it resolved by the Senate that the sympathy of this body, and hopes for his speedy recovery, be extended him in his illness.
Be it further resolved, that the Secretary of the Senate is hereby instructed and directed to furnish Mr. Dykes with a copy of this resolution.
The following resolution by Senator Neill was read and adopted:

WEDNESDAY, AuGusT 19, 1931.

1075

Senate Resolution No. 65, as follows:
Whereas, Hon. E. B. Dykes is a patient at the United States Veterans' Hospital No. 48, and
Whereas, his admittance to said hospital was made possible by the efforts of Dr. Vaux Owens, Assistant Regional Manager of the Atlanta Office of the United States Veterans' Bureau, who took a personal interest in the matter and expedited the hospitalization of Mr. Dykes,
Ther~fore, be it resolved by the Senate, that the sincere thanks of this body be extended Mr. Owens for his interest and efforts.

The following resolutions of the Senate were read the first time and referred to committees:

By Senator Strickland of the 1st District-
Senate Resolution ;\o. 66. A resolution to relieve J. M. Grimer, ex-Tax Collector of Bryan County.
Referred to Committee on Special Judiciary.

By Senator West of the 11th District and others-
Senate Resolution No. 67. A resolution to amend the Constitution to authorize the issuance of warrants to pay past due appropriations to the common schools.
Referred to Committee on Amendments to Constitution.

The following resolutions of the House were read the first time and referred to committees:

By Mr. Mooty of Troup-
House Resolution No. 63-448A. A resolution to authorize the Treasurer of Georgia to reimburse the Reorganization Commission.
Referred to Committee on Appropriations.

1076

JouRNAL oF THE SENATE,

By Messrs. James of Jones, Bland of Stewart, Mardre of Thomas, and Johnston of Cherokee-
House Resolution No. 110. A resolution authorizing the appointment of a committee from the General Assembly to investigate the merits of the several A. & M. Schools.
Referred to Committee on the University of Georgia and Its Branches.

The following bills of the House were read the first time and referred to committees:
By Messrs. Lanier, Lester, and Cartledge of RichmondHouse Bill No. 521. A bill to amend an Act to estab-
lish a city court in the County of Richmond. Referred to Committee on Municipal Government.
By Mr. Elliott of HenryHouse Bill No. 617. A bill to provide for the use of wire
baskets in the waters of Henry County. Referred to Committee on Game and Fish.
By Mr. Howard of LongHouse Bill No. 627. A bill to amend an Act establishing
the City Court of Ludowici. Referred to Committee on Municipal Government.
By Messrs. Lance and Oliver of HallHouse Bill No. 637. A bill to amend the charter of the
Town of Clermont, Hall County. Referred to Committee on Corporations.

WEDNESDAY, AucusT 19, 1931.

1077

By Mr. Evans of McDuffie-
Hause Bill No. 638. A bill to amend an Act establishing the City Court of Thomson.
Referred to Committee on Municipal Government.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
.Mr. President:
The House has adopted, as amended, by the requisite constitutional majority, the following resolution of the Senate, to-wit:

By Senator Reagan of the 35th District-
Senate Resolution No. 50. A resolution that action of the Western & Atlantic Railroad Commission in making modified contract of June 24, 1931, in respect to improvements on the present depot site of the Western & Atlantic Railroad in the City of Atlanta be ratified, approved and confirmed, and for other purposes.

Senator Johnson of the 42nd District, Chairman of the Committee on Municipal Government, &ubmitted the following report:
Mr. President:
Your Committee on Municipal Government has had und~r 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. 592.
House Bill No. 432. Respectfully submitted,
JoHNsoN, Chairman.

1078

JouRNAL OF THE SENATE,

Senator Peterson of the 15th District, Chairman of the ~ommittee on State of the Republic, submitted the followtng report:
Mr. President:
Your Committee on State of the Republic 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. 588.
Respectfully submitted,
PETERSON, Chairman.

Senator McWhorter of the 50th District, Chairman of the Committee on Education, submitted the following report:
11-fr. President:
Your Committee on Education 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. 527.
House Bill No. 623.
Respectfully submitted,
McvVHORTER, Chairman.

Senator Watson of the 3rd District, Chairman of the Committee on General Judiciary Number Two, submitted the following report:
Mr. President:
Your Committee on General Judiciary Number Two has had under consideration the following bill of the Senate

vVEDNESDAY, AuGUST 19, 1931.

1079

and has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill ~o. 169. Providing for repeal of extra bond in connection with distress warrants for rent.
Respectfully submitted,
\VATSON, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
Your Committee on Engrossing has read and approved the following Senate bills and resolution: Senate Resolution No. 61, Senate Bills Nos. 173, 41, 165, 170, 97, 111, and reports the same back as being ready for transmission to the House.
Respectfully submitted,
PuETT, Chairman.

Senator Jackson of the 14th 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 Bill No. 619. An Act to provide a County School Superintendent residing in county site, etc., as amended, do pass.
House Bill No. 607. An Act creating County Depository, Ben Hill County, do pass.

1080

JouRNAL oF THE SENATE,

House Bill No. 601. An Act to create office of Roads and Revenues of Stewart County, do pass.
House Bill No. 632. An Act to change the Board of Roads and Revenues in Quitman County, do pass.
House Bill No. 387. An Act to make bailiffs in certain counties, bailiffs to solicitors, etc., do pass.
House Bill No. 426. An Act to require Tax Receivers' books to be open in certain counties, do pass.
House Bill No. H9. An Act to authorize the Board of Commissioners to elect one member of the Board of County Tax Assessors as full time Tax Assessors, do pass.
House Bill No. 618. An Act to provide that the County Superintendent of Schools may be a resident and reside in the county site of said county with certain population, do pass.
Respectfully submitted,
]ACKSON, Chairman.

Senator Stark of the 43rd 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:
House Bill No. 60-405A.
Respectfully submitted,
STARK, Chairman.

Senator Clements of the 45th District, Chairman of the Committee on Pensions, submitted the following report:

WEDNESDAY, AucusT 19, 1931.

1081

Mr. President:
Your Committee on Pensions 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. 368.
Respectfully submitted,
CLEMENTS, Chairman.

Senator North of the 36th 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. 583.
Respectfully submitted,
NoRTH, Chairman.

Senator Ennis of the 20th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads 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 Resolution No. 70-496A.

1082

JouRNAL OF THE SENATE,

House Bill :-.ro. 278.

Respectfully submitted, ENNis, Chairman.

Senator J ac~<.son of the 14th 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:
House Bill No. GOG. An Act to authorize ordinaries to use funds from gas tax, do pass.
House Bill No. G05. An Act to create the office of Commtsswner of Roads and Revenues for Lanier County, do pass.
Senate Bill No. 75. An Act to abolish the County Treasurer for Mitchell County, do not pass.
Senate Bill No. 77. An Act to regulate police in certain counties, do not pass.
House Bill No. 620. An Act to create a Board of Commissioners for Walton County, do not pass.
House Bill No. 327. An Act to create a Board of Commissioners for \Valton County, do not pass.
Respectfully submitted,
JACKSON, Chairman.

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

WEDNESDAY, AucusT 19, 1931.

1083

Mr. President:
The House has adopted by the reqms1te constitutional majority the following resolution of the House, to-wit:

By Messrs. Mooty of Troup, Allen of Baldwin, and Davis of Mitchell-
House Resolution No. 63-448A. A resolution authorizing the Treasurer of Georgia to reimburse the Reorganization Committee for their expenses, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House and Senate, to-wit:
By Mr. Evans of McDuffieHause Bill No. 638. A bill to be entitled an Act to
amend an Act entitled "An Act to establish the City Court of Thomson, etc.," and for other purposes.

By Messrs. Lance and Oliver of Hall-
House Bill No. 637. A bill to be entitled an Act to amend the charter of the Town of Clermont, in Hall County, and for other purposes.

By Mr. Howard of Long-
House Bill No. 627. A bill to be entitled an Act to amend an Act approved August 6, 1921, entitled an Act to establish the City Court of Ludowici, Long County, to provide three jury terms of said court in each year, and for other purposes.

1084

JouRNAL oF THE SENATE,

By Senator Dekle of the 6th District-
Senate Bill No. 158. A bill to be entitled an Act to consolidate the offices and duties of the Tax Receiver and Tax Collector of Lowndes County, and for other purposes.

By Senator Moore of the 47th District-
Senate Bill No. 1()3. A bill to be entitled an Act to abolish the office of County Treasurer of Colquitt County, and for other purposes.

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

Mr. President:
The House has agreed to the Senate amendment of the following bill of the House, to-wit:

By l\Iessrs. Davis and Lord of Jackson-
House Bill No. 424. A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County, Georgia, and for other purposes.

The following message was received from the House through Mr. Kingery, 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 Senator Jones of the 51st District-
Senate Bill No. 157. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Milton County, and to create a Tax Commissioner, and for other purposes.

WEDNESDAY, AucusT 19, 19:~1.

1085

Mr. President:
The House insists upon its amendments to the following bill of the Senate, and respectfully requests a Committee of Conference on the part of the Senate to confer with a like committee from the House:

By Senators Bennett of the 5th District and Davis of the 31st District-
Senate Bill No. 92. A bill to be entitled an Act to re-apportion the several Congressional Districts of this State, and for other purposes.
The Speaker has appointed, as a Committee of Conference on the part of the House, the following members of the House, to-wit:
Messrs. Thomas of 'Wayne, Key of Jasper, Johnson of Seminole.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Montgomery of Webster-
House Bill No. 368. A bill to amend the several Acts relating to the Confederate Soldiers Home of Georgia, and for other purposes.

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 387. A bill to amend an Act so as to make the bailiff to the City Court and bailiff to the Superior Court the probation officer in certain counties.

By Messrs. Carlisle, Gillen, and Park of Bibb-
House Bill No. 426. A bill to authorize the opening of Tax Receivers' books in certain counties.

1086

JouRNAL OF THE SENATE,

By Messrs. Park and Gillen of Bibb-
House Bill No. 449. A bill to authorize the!Board of County Commissioners in certain counties to elect one member of the Board of County Tax Assessors as a full time Tax Assessor and to fix his c~mpensation.

By Mr. Eckford of Fulton-
House Bill No. 527. A bill to amend an Act authorizing the Board of Commissioners of Roads and Revenues to supplement the funds of the Board of Education in certain counties.

By Mr. Cullens ofTreutlen-
House Bill No. 588. A bill to prohibit goats from running at large in Treutlen County.

By Mr. Bland of Stewart-
House Bill No. 601. A bill to amend an Act to create the office of Commissioner of Roads and Revenues of Stewart County.

By Mr. Walker of Ben Hill-
House Bill No. 607. A bill creating a county depository for Ben Hill County.

By Mr. Preston of Walton-
House Bill No. 618. A bill to provide that the County Superintendent of Schools may be a resident and reside in the county site of certain counties.

By Mr. Thompson of Barrow-
House Bill No. 619. A bill to provide that the County Superintendent of Schools may be a resident and reside in the county site of certain counties.

WEDNESDAY, AucusT 19, 1931.

1087

By 1\Iessrs. Crawford, Davis, and Lanham of Floyd-
House Bill No. ()23. A bill to amend the Code by providing that the County School Superintendent shall not be required to be a voter in that part of the county in which he has jurisdiction.

By l\Ir. Gary of Quitman-
House Bill No. ();)2. A bill to amend the Georgia Laws affecting the Commissioners of Roads and Revenues in Quitman County.

By Mr. Scarbrough of Polk-
House Bill ~o. 58:3. A bill to amend an Act amending the several Acts incorporating the Town of Rockmart in the County of Polk.

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill "!\o. 278. A bill to direct the Commissioner of Vehicles to enter into agreements with adjoining states providing reciprocity of 1\Iotor Vehicles' Operators, etc.

The following resolutions of the House, favorably reported by comr:ni ttees, were read the second time:

By Messrs. Brannen and Donaldson of Bulloch-
Hause Resolution No. 70-496A. A resolution instructing the Highway Department to pave certain roads along State Route No. 26.

By Mr. Adams of Towns-
House Resolution No. 60-405A. A resolution to refund fee deposited under Motor Carriers Act of 1925.

The following bill of the Senate, favorably reported by the committee, was read the second time:

1088

JouRNAL OF THE SENATE,

By Senators Langford of the 22nd District and McWhorter of the 50th District-
Senate Bill No. 169. A bill to repeal an Act requiring a forthcoming bond for property levied on under distress warrant.

The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Adams of Towns, Culpepper of Echols, and Townsend of Dade-
House Bill No. 606. A bill to authorize ordinaries in certain counties to use funds from the allocation of the gasoline tax in retiring highway bonds issued by such counties.

By Mr. Patten of Lanier-
Hause Bill No. 605. A bill to create the office of Commissioner of Roads and Revenues for the County of Lanier.

By Mr. Lewis of Gordon-
House Bill No. 624. A bill tc amend an Act creating a Commissioner of Roads and Revenues for Gordon County.

Senator Reagan of the 35th District moved that the following bill of the House be withdrawn from the committee, read the second time, and recommitted, and the motion prevailed:

By Mr. Bunn of Ware-
House Bill No. 355. A bill to provide for the manner in which tax fi. fas. shall be issued by collectors in certain counties.

Senator Reagan of the 35th District moved that the following bill of the House be withdrawn from the com-

WEDNEsDAY, AucusT 19, 1931.

1089

mittee, read the second time, and recommitted, and the motion prevailed:

By Messrs. Stanton and Bunn of Ware-
House Bill No. 507. A bill to provide for the compensation of Juvenile Court Judges in certain counties.

Senator Reagan of the 35th District moved that the following bill of the House be withdrawn from the committee, read the second time, and recommitted, and the motion prevailed:

By Messrs. Lindsay, Leathers, and Beaman of DeKalb, and Eckford, McRae, and Still of Fulton-
House Bill No. 575. A bill amending the City Code of Atlanta.

By unanimous consent, the following bill of the House was withdrawn from the committee, read the second time, and recommitted:

By Messrs. Oliver and Lance of Hall-
House Bill No. 626. A bill to repeal the charter of the Town of Belmont, Hall County.

By unanimous consent, the following resolution of the House was withdrawn from the committee, read the second time, and recommitted:
By Mr. Walker of Ben Hill-
House Resolution No. 97. A resolution to relieve J. B. Seanor and J. Casper as sureties.

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

1090

JouRNAL oF THE SENATE,

By Senator Harris of the 18th District-
Senate Bill No. 178. A bill to change the Board of Commissioners of Roads and Revenues of Jefferson 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Mr. Gillen of Bibb-
House Bill No. 594. A bill to repeal an Act incorporating Greater !\lacon.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were :)9, nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Davis and Lord of Jackson-
House Bill No. 5iW. A bill to amend an Act to establish the City Court 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 39, nays 0.
The bill having re~eived the requisite constitutional majority was passed.

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

WEDNESDAY, AucusT 19, 1931.

1091

By Senators McWhorter of the 50th District, West of the 11th District, and Ennis of the 20th District-
Senate Resolution No. 59. A resolution to permit the military department to .supplement the sum appropriated to it by using the unexpended balance of the years 1926 and 1927.
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 34, nays 3.
The resolution having received the requisite constitutional majority was passed.
By unanimous consent, the above resolution, viz., Senate Resolution No. 59, was ordered immediately transmitted to the House.

The following bill of the House was read the third time and put upon its passage:

By Messrs. Hutcheson and Rosser of Walker-
House Bill No. 146. A bill to protect fish, game, birds, and fur-bearing animals.
The committee moved to amend by adding the County of Floyd immediately after the word Whitfield in line 6 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 as amended, the ayes were 26, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

1092

JouRNAL oF THE SENATE,

The following bill of the House was read the third time and put upon its passage:

By Mr. Kimsey of Rabun-
House Bill No. G1. A bill to permit chasing of foxes with dogs.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were :3!\, the nays 0.
The bill having received the requisite constitutional majority was therefore passed.

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

By Senator Weekes of the 3c1th District-
Senate Bill No. 49. A bill to provide for issuance of licenses to operators of automobiles, and for other purposes.
The committee offered a substitute. The committee asked unanimous consent to withdraw its substitute, and the consent was granted.
Senator Davis of the 31st District offered to amend as follows:
By striking the figure $1.00 and substituting in lieu thereof twenty-five cents.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 32, nays 0.

\VEDNESDAY, AucusT 19, 1931.

1093

The bill as amended having received the requisite constitutional majority was passed.
Senator Weekes of the 34th District asked unanimous consent that Senate Bill No. 49, a bill for licensing operators of motor vehicles, be immediately transmitted to the House, and the consent was granted.

Senator Harris of the 18th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on State of the Republic, read the second time, and referred to the Committee on Municipal Government:

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 592. A bill to create the Savannah River Navigation Commission.

Senator Harris of the 18th District asked unanimous consent that the following bill of the House be withdrawn from the Committee on Municipal Government, read the second time, and recommitted:

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 432. A bill to repeal an Act to authorize the City of Augusta to create a Board of Health.

The following report of the Conference Committee on Senate Bill No. 18 was read and adopted:

Aug. 18, 1931.
To THE HousE AND SE~ATE,
THE GENERAL AssEMBLY OF GEoRGIA.
Your undersigned Conference Committee on Senate Bill No. 18 has had under consideration said bill, the House substitute thereof, and the various amendments thereto,

1094

JouRNAL OF THE SENATE,

and reports that said committee has unanimously agreed as follows:
First, that the original Senate bill be adopted with the following corrections and amendments:
(a) That Section 1 of said bill be amended so as to provide that the open season for hunting or killing quail shall be from November 15th to February 15th, inclusive; wild turkey from November 15th to February 15th, inclusive; and deer from November 15th to January 5th, incluslve.
(b) That said Section 1 of said bill be further amended by providing that the open season for hunting or killing cat squirrels in Thomas County shall be from November 15th to February 15th only;
(c) That Section 1 of said original bill be further amended as follows: "That it shall be unlawful to hunt or kill deer in the counties of Bartow and Floyd for a period of five years from the passage of this Act."
Second, with reference to the amendments adopted by the House to Substitute bill, your committee recommends that said Section 1 of said Senate bill be further amended by providing that the open season for the hunting and killing of cat squirrels in all counties, not including the eighteen mountain counties named in said section, and the County of Thomas, hereinabove excepted, shall be from October 1st to January 15th, inclusive, which said amendment incorporates practically the provisions of the general amendment passed by the House to said substitute.
Third, your committee further recommends that said Senate Bill No. 18, with the corrections and amendments as herein specified and set out, be approved by the Senate and the House, and your committee has considered each and all of the amendments, and by this report, has incorporated in the original bill practically every provision as was embraced in the Substitute bill as passed by the

\VEDNESDAY, AucusT 19, 1931.

1095

House, but in addition thereto, has retained a valuable provision of the Senate bill, which was not included in the House substitute.
Respectfully submitted,
WATSON of the 3rd District, STRICKLAND of the 1st District, FowLER of the 39th District,
On the part of the Senate.
MARDRE of Thomas, RossER of Walker, FRASER of Liberty,
On the part of the House.

Senator Johnson of the 42nd District asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time, and recommitted, and the consent was granted:

By Messrs. Gillen and Carlisle of Bibb-
House Bill No. 544. A bill to prevent ineligibility of policemen and firemen in certain cases.
Senator Johnson of the 42nd District asked unammous consent that the following bill of the House be withdrawn from the committee, read the second time, and recommitted, and the consent was granted:

By Mr. Eckford of Fulton and othersHouse Bill No. 574. A bill to increase the city limits of
Atlanta.
Senator Johnson of the 42nd District asked unanimous consent that the following bill of the House be withdrawn

1096

JouRNAL oF THE SENATE,

from the committee, read the second time, and recommitted, and the consent was granted:

By Mr. Eckford of Fulton and others-
House Bill No. 570. A bill to amend an Act amending the charter of the City of Atlanta.

senator Johnson of the 42nd District asked unanimous consent that the following bill of the House be withdrawn from the committee, read the second time, and recommitted, and the consent was granted:

By Messrs. Crawford and Lanham of Floyd-
House Bill No. 563. A bill to amend an Act creating a new charter for the City of Rome.
The Senate took up for passage House Bill No. 3, a bill to discount the \Vestern & Atlantic Railroad Rentals, consideration of which bill was continued from the previous sessiOn.
Senator Fowler of the 39th District was called to the Chair.
Senator Johnson of the 42nd District offered an amendment to the substitute offered by Senators Weekes of the 34th District and Nelson of the 13th District. By unanimous consent, this amendment to the substitute was withdrawn.
Senator Williams of the 27th District moved to amend House Bill No. 3 by striking the words and figures five (5) wherever they appear in the bill, inserting the word and figure (8) eight years, and that the caption be amended accordingly.
Senator \Villiams of the 27th District moved to amend Paragraph 5 and Section 5 of the amendment and amended bill offered by Senators Weekes of the 34th District and Nelson of the 1:3th District, by adding the following:

WEDNESDAY, AuGUST 19, 1931.

1097

"Provided that if the Governor and Chairman of the Highway Board deem it advisable to sell the amount of the rental of the Western & Atlantic Railroad set out in this section, that they be authorized to do so under the same terms and conditions as set out in this Act for the purpose of matching regular Federal aid or any emergency fund which may be offered the State Highway Board by the Federal Government."

Senator Richardson of the lOth District called for the previous question on the bill and amendment and the substitute and amendments, and the call was sustained.
By unanimous consent, the amendment offered by Senator Williams of the 27th District, to the original bill, was adopted.
The question was on the adoption of the amendment offered by Senator Williams of the 27th District to the substitute offered by Senators Weekes of the 34th District and Nelson of the 13th District. The amendment to the substitute was adopted.
On the question of adopting the substitute offered by Senators Weekes of the 34th District and Nelson of the 13th District, as amended, the ayes and nays were called for, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adkins Alexander Beck Brock Davis Evans Fowler Jackson .Johnson

Jones Knabb Langford Martin Moore Nelson North Peterson Pratt

Puett Reagan Richardson Smith Strickland Tippins Weekes West

1098

JouRNAL OF THE SENATE,

Those voting in the negative were Senators:

Cheatham Clements Courson Dekle Denton Duckworth Ennis Hand

Harris Horn Lazenby McKenzie McWhorter Neisler Nix Perkins

Pruett Stark Wallace Waters Watson Whitehurst Williams

The roll call was verified.

The ayes were 26, the nays 23.

The substitute as amended was adopted.
On the passage of the bill, by substitute as amended, Senator Ennis of the 20th District called for the ayes and nays, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adkins Alexander Beck Brock Clements Davis Duckworth Ennis Evans Fowler Jackson Johnson Jones Knabb

Langford McKenzie McWhorter Martin Moore Nelson Nix North Perkins Peterson Pratt Pruett Puett

Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams

Those voting in the negative were Senators:

Cheatham Courson Dekle

Denton Hand Harris

Horn Lazenby Neisler

The roll call was verified.

WEDNESDAY, AUGUST 19, 1931.

1099

The ayes were 40, the nays 9.
The bill by substitute as amended having received the requisite constitutional majority was passed.
Senator Weekes of the 34th District asked unanimous consent that the above bill, viz., House Bill No. 3 by substitute as amended, be immediately transmitted to the House, and the consent was granted.

The following privileged resolution was read and adopted:

By Senator Weekes of the 34th District-
A resolution extending the privileges of the floor to Dr. Nathaniel P. Pratt, a prominent consulting chemical engineer, and father of the Senator from the 41st District.

Senator Courson of the 16th District asked unanimous consent that the following bill, adversely reported by the committee, be recommitted:

By Senators Courson of the Hith District and Pratt of the 41st District-
Senate Bill No. 141. A bill relating to the membership of the State Highway Board.
There was objection.
Senator Harris of the 18th District moved that the Senate adjourn, and the motion prevailed.
The Chair announced that the Senate stood adjourned until10:00 o'clock tomorrow morning.

1100

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, AUGUST 20, 1931.
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. The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct. By unanimous consent, the reading of the Journal was dispensed with and the Journal was confirmed.
The Committee on Rules submitted the following report which was adopted:
Mr. President: Your Committee on Rules has had under consideration
the fixing of a calendar of business for today's session and submits the following report:
Your Committee submits a calendar of business for today's session the following bills to-wit:
House Bill 565-Amend Charter of City of Augusta. House Bill 592-Savannah River Commission. House Bill 425-Reference Commitments to Sanitarium. House Bill 619Senate Bill 176-Woman's Club Bill.

THURSDAY, AUGUST 20, 1931.

1101

House Bill 86-Mortgage Attestation. House Bill 40-Registration Land Titles. House Bill :168-Confederate Soldiers' Home. House Bill 357-Credit Time in Prison on Sentence. House Resolution 71-496-Relieve Bond Forfeiture. House Bill 155-Regulate Barbering. House Resolution 70-496a-Bulloch County Road Bill. Senate Resolution 57-Constitutional Amendment to Authorize Governor to issue \Varrants to pay State Debt. House Resolution 72-Authorize Tenth District A. and M. School to Deed Land. House Bill 219-Regulating Advertising on Highways. House Bill 16-In Re: Convicts.
Respectfully submitted, HARRis, Vice-Chairman.

The following privileged resolutions were read and adopted:
By Senators Neill of the 24th District and Harris of the 18th District-
A resolution extending the privileges of the floor to the Hon. T. T. Turnbull, former President of the Florida State Senate.

By Senator Duckworth of the 7th District-
A resolution extending the privileges of the floor to the Hon. W. H. Platt of the 7th District.

By Senator McWhorter of the 50th District-
A resolution extending the privileges of the floor to the
Hon. J. W. Pitner former Senator from the 50th District.

1102

JOURNAL OF THE SENATE,

By Senator McWhorter of the 50th DistrictA resolution extending the privileges of the floor to the
Hon. J. H. Boykin of Lincolnton.

By Senator West of the 11th District-
A resolution extending the privileges of the floor to Miss Edith Adkins daughter of the Senator from the 9th District.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
A!r. President:
The House has passed by the requtslte constitutional majority the following bills anli resolutions of the House, to-wit:

By Mr. Cochran of Thomas and others-
House Resolution No. 100. A resolution for the appointment of a committee to re-write the School Code of Georgia.

By Mr. Scarbrough of Polk-
House Bill No. 611. A bill to be entitled an Act to allow the County School Superintendent to live in the county site in certain counties of this State, and for other purposes.

By :Mr. Lindsay of DeKalb-
House Bill No. 200. A bill to be entitled an Act to amend Section 147 of the School Code of Laws of the State of Georgia, and for other purposes.

By Mr. Lindsay of DeKalb-
House Bill No. 577. A bill to be entitled an Act to amend the Code by providing for residence of County School Superintendent, and for other purposes.

THURSDAY, AuGusT 20, 1931.

1103

By Mr. Adams of Towns-
House Bill No. 558. A bill to be entitled an Act to impose charges on those who pursue the business of operating motor vehicles on the public highways of this State for the carrying of passengers, etc., and for other purposes.

By Mr. Freeman of Monroe-
House Bill No. 537. A bill to be entitled an Act to change the name of the School of Mechanic Arts at Forsyth, Georgia, to State Teachers and Agricultural College for Negroes, and for other purposes.

By Mr. Lewis of Hancock-
House Bill No. 639. A bill to be entitled an Act to amend the charter of the City of Sparta, Georgia, and for other purposes.

By Mr. Bennett of Bacon-
House Bill No. 522. A bill to be entitled an Act to vest in the tax collectors of certain counties of the State of Georgia, the powers and duties of sheriffs, and for other purposes.

By Mr. Mallard of Charlton-
House Bill No. 640. A bill to be entitled an Act to amend an Act creating a new charter for the City of Folkston, Georgia, and for other purposes.

By Mr. Carlisle of Bibb-
House Resolution No. 90. A resolution to relieve C. A. Odom from forfeiture of surety bond in City Court of Macon, and for other purposes.

By Mr. Strickland of DouglasHouse Bill No. 470. A bill to be entitled an Act to

1104

JouRNAL oF THE SENATE,

amend Section 4706 of the Civil Code of Georgia of 1910, and for other purposes.

By Mr. Carlisle of Bibb-
House Resolution No. 87. A resolution to relieve Kate S. Rodgers from bond forfeiture in City Court of Macon.

By Mr. Bush of Miller-
House Bill No. 512. A bill to be en ti tied an :\ct to repeal Section 69;) of Volume 1 of the CoJe of Georgia, and for other purposes.

By Mr. Carlisle of Bibb-
House Resolution ="Jo. 91. ".;. resolution to relieve D. Jones from forfeiture of surety bond in City Court of Macon.
By l\lr. Carlisle of Bibb-
House Resolution No. ~)3. :\. resolution to relieve D. I. Lee from surety bond forfeiture in City Court of lVlacon, and for other purposes.

By Mr. Carlisle of Bibb-
House Resolution No. 101.. A resolution to relieve F. B. Lane from bond forfeiture in the City Court of Macon.

By :Mr. Carlisle of Bibb-
House Resolution 1'\o. ~l2. A resolution to relieve Charles Davison from forfeiture of surety bond in City Court of Macon.

By Mr. Clements of Telfair-
Hause Bill No. 631. A bill to be entitled an Act to provide for a new charter for the City of Milan.

THURSDAY, AUGUST 20, 1931.

1105

By Mr. Carlisle of Bibb-
House Resolution No. 89. A resolution to relieve W.E. Hamlin from forfeiture of surety bond in City Court of Macon.

By ~1r. Bennett of Jeff Davis-
House Bill No. 523. A bill to be entitled an Act to vest in the Tax Collectors of certain counties in the State of Georgia, all of the powers of the sheriffs of the said State, and for other purposes.

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

Mr. President:
The House has passed by the reqmstte constitutional majority the following bills of the Senate, to-wit:

By Senator Neill of the 21th District-
Senate Bill No. 150. A bill to be entitled an Act to abolish the Muscogee Asylum for the Poor, and for other purposes.

By Senator Harris of the 18th District-
Senate Bill No. lli't A bill to be entitled an Act to amend the charter of the City o( Louisville.

The House has passed by the rcq uisi te constitutional majority the following bill of the Senate by substitute as amended, to-wit:

By Senator Beck of the 37th District-
Senate Bill No. 52. A bill to be en ti tied an Act to amend the Constitution of Georgia, by providing for the assumption by the State of Georgia of the indebtedness of

1106

JouRNAL OF THE SENATE,

the several counties of the State, incurred for construction and paving of public roads and highways, and for other purposes.

Senator Weekes of the 34th District, Chairman of the Committee on Enrollment, submitted the following report:

Mr. President:

Your Committee on Enrollment has read and approved the following Acts and reports the same to be ready for transmission to the Governor:

No. 121. No. 87. No. 130. No. 56. No. 127.

Respectfully submitted,

\VEEKEs, Chairman.

Senator Dekle of the 6th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. President:
Your Committee on Appropriations 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. 63-448A.
Respectfully submitted,
DEKLE, Chairman.

Senator Moore of the 47th District, Chairman of the Committee on Amendments to Constitution, submitted the following report:

THURSDAY, AUGUST 20, 1931.

1107

Mr. President:
Your Committee on Amendments to Constitution has had under consideration the following bill 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:
Senate Bill No. 93. To amend Subdivision 1 of Section 5858 of Ci vi] Code.
Senate Resolution No. 67. To amend Art. 7, Section 3, Paragraph 1 of Constitution authorizing issuance of warrants against amounts due institutions of State.
Respectfully submitted,
MooRE, Chairman.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report: Mr. President:
Your Committee on Engrossing has read and approved the following Senate bills and resolutions and reports the same back as being ready for transmission to the House:
Senate Bill No. 49.
Senate Bill No. 178.
Senate Resolution No. 59.
Respectfully submitted, PuElT, Chairman.

The following message was received from the House through Mr. Kingery, 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:

1108

JouRNAL oF THE SENATE,

By Senator Watson of the 3rd District-
Senate Bill No. 18. A bill to be entitled an Act for the protection of birds, game and fish, and for other purposes.

Senator Reagan of the 35th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President: Your Committee on Special Judiciary has had under con-
sideration the following resolutions and bills of the House and Senate and has instructed me, as chairman, to report the same back to the Senate withlthe recommendation that the same do pass:
Senate Resolution No. 66. House Resolution No. 97. House Resolution No. 71-496B. House Resolution No. 76-530C. House Resolution No. 75-530B. House Resolution No. 62-440A. House Resolution No. 65-472A. House Resolution No. 78-530C. House Resolution No. 77-530D. House Bill No. 355. House Bill No. 253. House Bill No. 385. House Bill No. 621. House Bill No. 370. House Bill No. 622.

THURSDAY, AuGusT 20, 1931.

1109

House Bill No. 575. House Bill No. 450.

Do pass as amended. Respectfully submitted, REAGAN, Chairman.

Senator Strickland of the 1st 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. 617.
Respectfully submitted,
STRICKLAND, Chairman.

Senator North of the 36th 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. 626.
House Bill No. 637.
Respectfully submitted,
NoRTH, Chairman.

1110

JouRNAL or THE SENATE,

Senator Duckworth of the 7th 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. 478.
Respectfully submitted,
DvcKWORTH, Chairman.

Senator Peterson of the 15th 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. 179. An Act entitled an Act to make it unlawful for any person or persons to possess, own, carry or transport in or through the State of Georgia, weapons known as machine guns, sawed off shot guns or any like weapons.
Respectfully submitted,
PETERSON, Chairman.

Senator Johnson of the 42nd District, Chairman of the Committee on Municipal Government, submitted the following report:

THURSDAY, AucusT 20, 1931.

1111

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:
House Bill No. 507 do pass. House Bill No. 563 do pass as amended. House Bill No. 627 do pass by substitute. House Bill No. 544 do pass. House Bill No. 574 do pass. House Bill No. 570 do pass. House Bill No. 521 do pass by substitute.
Respectfully submitted, JoHNsoN, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President: The House has passed by the reqms1te constitutional
majority the following bills of the House, to wit:
By Mr. Nelson of LaurensHouse Bill No. 641. A bill to be entitled an Act to
amend an Act to create a new charter for the City of Dublin, and for other purposes.
By Messrs. Lindsay, Leathers, and Beaman of DeKalbHouse Bill No. 564. A bill to be entitled an Act to
create a State Memorial and Monument Commission to facilitate the erection of memorials within the State to the

1112

JouRNAL oF THE SENATE,

soldiers and sailors of the Confederacy, and for other purposes.

The following resolutions of the House were read the first time and referred to the Ccmmittee on Special Judiciary:
By Mr. Carlisle of Bibb-
House Resolution No. 87-576A. A resolution to relieve Miss Kate S. Rodgers as surety.

By Mr. Carlisle of Bibb-
House Resolution ~o. 89-593A. W. E. Hamlin as surety.

A resolution to relieve

By Mr. Carlisle of Bibb-
House Resolution No. 90-593A. A resolution to relieve C. A. Odom as surety.

By Mr. Carlisle of BibbHouse Resolution No. 91-593C. A resolution to relieve
D. Jones as surety.
By Mr. Carlisle of BibbHouse Resolution No. 93-593E. A resolution to relieve
D. I. Lee as surety.

By Mr. Carlisle of Bibb-
House Resolution No. 104-()38A. A resolution to relieve F. B. Lane as surety.
The following bills of the House were read the third time and put upon their passage:
By Messrs. Gillen and Carlisle of Bibb-
House Bill No. 544. A bill to prevent ineligibility of policemen and firemen because of religious, fraternal or labor affiliations in certain cities.

THuRsDAY, AucusT 20, 1931.

1113

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Lester, Lanier, and Cartledge of Richmond, Bargeron and Jones of Burke and \Valker of Screven-
House Bill No. 592. A bill to create the Savannah River Navigation Commission.
Senator Harris of the 18th District moved to amend by adding the following at the end of Section 1, to-wit:
Provided, however, that the members of said Commission shall be nominated by the City Council of the City of Augusta before being appointed by the Governor.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 29, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to amend an Act regulating the practice of the occupation of barbers.
The committee moved to amend by striking the word and figure "one" in Section 10 thereof and inserting in lieu thereof the word and figure "three."
The amendment was adopted. The committee moved to amend by striking Section 1 in its entirety and inserting in lieu thereof the following:

111-!

JouRNAL oF THE SENATE,

Section 1. Be it enacted that Section 1 of said Act as amended (Acts 1920, p. 109) be stricken and repealed and the following substituted in lieu thereof: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted bv the authority of same that it shall be unlawFul for any person to folio~ the occupation of barbering in any city or town in this State unless he shall have first obtained a certificate of registration as provided in this Act.
The amendment was adopted.

The committee moved to amend by striking Section 9 thereof in its entirety.
The amendment was adopted.
The committee moved to amend by striking from Section 7 the following language: "for at least two years under one ot more practicing barber, or one or more barbers registered under this act, or both, within this State or elsewhere, and that he or she" and inserting in lieu thereof the word "and" and by striking from said section the following language: "and is possessed of sufficient knowledge concerning diseases common to the face and skin."
The amendment was adopted.
The committee moved to amend by adding to the end of Section () the following: Barbers having previously qual_ified under the terms of Section 9 are not required to requalify under said section as hereby amended. Said section becomes applicable to all others as of the date this amendatory act is approved and barbers in towns of over 5,000 not having qualified under said section may nevertheless by complying with the terms of said section as amended qualify under said section as of a date within ninety days after the date this amendatory is approved.
The amendment was adopted.

THURSDAY, AuGusT 20, 1931.

1115

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 26, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

By Mr. Beaman of DeKalb-
House Bill No. 86. A bill to provide that mortgages and deeds to secure debt and bills of sale may be attested in the same manner as provided for deeds of bargain and sale.
The report 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, the nays 2.
The bill having received the requisite constitutional majority was passed.

By Mr. Key of Jasper-
House Bill No. 219. A bill to regulate outdoor advertismg.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Thompson of Worth-
House Bill No. 357. A bill to prescribe the date from which the execution of sentences imposed in criminal cases shall be computed.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1116

JouRNAL OF THE SENATE,

On the passage of the bill, the ayes were 29, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Montgomery of Webster-
House Bill ~o. :3f18. A biil to amend the Acts relating to the Confederate Soldiers' Home. The Committee moved to amend the said bill viz: House Bill ::-.Jo. 368 by striking from Section one of said Act the word 5 and substituting the word 2 so that said section when amended will read as follows: "That the Confederate Soldiers' Home of Georgia shall be maintained by the State of Georgia for the benefit of such ex-Confederate Soldiers as may need the benefit thereof for a period of 2 years from June 3, 1931 or for such period as the number of inmates or applicants may justify or require in the discretion of the General Assembly.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 35, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

By Mr. Davis of Mitchell-
House Bill No. 425. A bill to revise the laws with reference to commitments to 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 32, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, AucusT 20, 1931.

1117

By 1\Ir. Bland of Stewart-
House Bill :-.Jo. 601. A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Stewart 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By 1\Ir. Walker of Ben HillHouse Bill ::\fo. 607. A bill to create a County Depository
for Ben Hill 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By 1\lr. Preston of WaltonHouse Bill No. 618. A bill to provide that the County
Superintendent of Schools may be a resident of and reside in the county site of said county 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By :\lessrs. Crawford, Davis, and Lanham of Floyd~
House Bill No. 623. A bill to amend the Code to provide that the County School Superintendent shall not be

1118

JouRNAL oF THE SENATE,

required to be a voter in that part of the county in which he has jurisdiction, 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 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Gary of Quitman-
House Bill No. 632. A bill to amend an Act fixing the number of members of the Board of Commissioners of Roads and Revenues for 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 34, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Leathers, Beaman, and Lindsay of DeKalb, and Hutcheson of Walker-
House Bill No. 40. A bill to amend an Act providing for the assurance, registration, and transfer of land titles and interest 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 31, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

THuRsDAY, AucusT 20, 1931.

1119

By Mr. Thompson of Barrow-
House Bill No. 619. A bill to provide that the County Superintendent of Schools may be a resident and reside in the county site of said county in certain counties.
The Committee moved to amend the said bill viz., House Bill No. 619 by striking the words and figures in Section 2, Twelve Thousand Four Hundred (12,400) and insert the words and figures, Nine thousand (9,000).
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 as amended, the ayes were 35, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 432. A bill to repeal an Act authorizing the City Council of Augusta to create a Board of Health for said city.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Eckford of Fulton-
House Bill No. 527. A bill to amend an Act authorizing the Commissioners of Roads and Revenues to supplement the funds of the County Board of Education in certain counties.

1120

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 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Lester and Lanier of RichmondHouse Bill No. 565. A bill to amend the charter of the
City ofAugusta so as to provide for and create the Augusta Canal Commission, 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 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Scarbrough of Polk-
House Bill No. 583. A bill to amend an Act amending Acts incorporating the Town of Rockmart in Polk 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following resolution was read and adopted:

By Senator Duckworth of the 7th District and othersSenate Resolution No. GS.
A RESOLUTION \Vhereas, a committee of this Senate appointed to Investigate the department of agriculture and report Its

THuRsDAY, AuausT 20, 1931.

1121

findings back to the Senate, made the investigation, and found that Hon. Eugene Talmadge, Commissioner, had never paid into the treasury as required by law the sum of $14,136.68. That he had paid out other sums of the State's money illegally and without authority of law. That he had been paying $50.00 per month to John A. Peterson under the guise of salary increase but that he required this sum be turned over to Mrs. Eugene Talmadge as received by Peterson. That the original vouchers of the expense account of said Eugene Talmadge prove conclusively that he has been guilty of illegally taking the State's money for expenses he could not have incurred, and
Whereas, this Senate promptly transmitted the findings of its committee to the House where impeachment must originate, and
Whereas, the House has taken no action to correct these wrongs and insure a proper handling of the State's money.
Therefore, be it resolved by the Senate, that His Excellency the Governor be and he is hereby requested to have instituted in the name of the State legal proceedings to recover from the said Eugene Talmadge and his bondsmen, all of said monies. And that he also see that the records showing the expense account of Mr. Talmadge be placed in the hands of Hon. John A. Boykin, Solicitor General, for presentation to the Grand Jury of this county for their consideration and action thereon.

The following bills of the House were read the first time and referred to committees:

By Mr. Nelson of Laurens-
House Bill No. 641. A bill to amend an Act to create a new charter for the City of Dublin.
Referred to Committee on Municipal Government.

1122

JouRNAL OF THE SENATE,

By Mr. Freeman of Monroe-
House Bill No. 537. A bill to change the name of the School of Mechanic Arts of Forsyth to the State Teachers and Agricultural College for Negroes.
Referred to Committee on University of Georgia and its Branches.

By Mr. Adams of Towns-
House Bill No. 558. A bill to impose charges on those operating motor vehicles.
Referred to Committee on Highways and Public Roads.

By Mr. Mallard of Charlton-
House Bill No. 640. A bill to amend an Act creating a new charter for the City of Folkston.
Referred to Committee on Municipal Government.

By 'Messrs. Leathers, Lindsay, and Beaman of DeKalb-
House Bill No. 564. A bill to create a State Memorial and Monument Commission.
Referred to Committee on General Judiciary No. 1.

Senator Peterson of the 15th District moved that the Senate reconsider its action in passing the following bill, in adopting an amendment to the bill, in agreeing to the report of the committee, and the motion prevailed: House Bill No.368,a bill relating to the Confederate Soldiers' Home.
The bill was again taken up for passage.
The amendment offered by the committee was re-adopted.
Senator Peterson of the 15th District offered to amend by striking Section 2 in its entirety, and the amendment was adopted.

Tf-!"uRsDAY, AuGusT 20, 1931.

1123

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 35, the nays 0.
The bill as amended, having received the requisite constitutional majority, was passed.

The following resolution of the Senate proposing an amendment to the Constitution was read the third time and put upon its passage:

By Senator \Vest of the 11th District and others-
Senate Resolution No. 67. A resolution to amend the Constitution to authorize the issuance of warrants to pay unpaid appropriations to the common schools.

A JOINT RESOLUTION
To propose to the qualified voters of Georgia an amendment to Article Seven, Section Three, Paragraph One, of the Constitution of Georgia, to authorize the issuance of warrants to pay past due and unpaid appropriations to the common schools, the University of Georgia and its branches, and other institutions and departments who have not received payment in full of the appropriations made by the General Assembly of Georgia at the regular sessions of 1927 and 1929.
Section 1. Be it resolved by the General Assembly of Georgia, that Article Seven, Section Three, Paragraph One, of the Constitution of Georgia, be amended by adding at the end thereof a new paragraph as follows:
"The General Assembly may authorize the issuance of warrants of this State in a sum sufficient to provide for the payment of all past due and unpaid appropriations enacted by the General Assembly of this State at the sessions of 1927 and 1929. Said warrants may be issued to the insti-

1124

JOURNAL OF THE SENATE,

tutions of the State or the same may be sold and the proceeds of the sale applied to past due appropriations as the General Assembly may determine. The faith and credit of the State may be pledged to the payment of said warrants, and the same shall not provide for the payment of any interest in excess of four per cent. per annum by the State. No warrant shall be sold for an amount less than the face value thereof."
Section 2. Be it further resolved 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 in this State for the period of two months next preceding the time of holding the next general elections.
Section 3. Be it further resolved 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 entitled to vote for the 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 the words: "For ratification of amendment to Article Seven, Section Three, Paragraph One, of the Constitution, so as to authorize the State to issue warrants for unpaid appropriations authorized by the General Assemblies of 1927 and 1929," and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Article Seven, Section Three, Paragraph One, of

THURSDA-Y, AucusT 20, 1931.

1125

the Constitution authorizing the State to issue warrants to its institutions in payment of unpaid appropriations authorized by the General Assemblies of 1927 and 1929."
Section 4. Be it further resolved 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 of Section One of Article Thirteen, and 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 papers of this State, announcing such result and declaring the amendment ratified.

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 35, the nays 9.

The resolution, being an amendment to the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adkins Alexander Beck Brock Clements Ennis Evans Fowler Jackson Johnson Jones Knabb

Langford McKenzie McWhorter Martin Neisler Nix North Perkins Pratt Pruett Puett Reagan

Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams

1126

JoURNAL OF Tl-IE ,SENATE,

Those voting in the negative were Senators:

Courson Davis Denton

Duckworth
Harris Hom

Lazenby Nelson Peterson

The roll call was verified. The ayes were 35, the nays 9.

The resolution having received the requisite constitutional majority was passed.

Senator West of the 11th District asked unanimous consent that the above resolution, viz., Senate Resolution No. 67, be immediately transmitted to the House, and the consent was granted.

Senator Johnson of the 42nd District asked unanimous consent that the following bills be withdrawn from the committee, read the second time, and recommitted, and the consent was gran ted:

By Mr. Howard of Long-
House Bill No. 627. A bill to amend an Act to establish the City Court of Ludowici.

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 521. A bill to amend an Act to establish the City Court of Richmond County.

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

By Senator Ennis of the 20th District-
Senate Bill No. 176. A bill to exempt from taxation houses and lands constituting the regular meeting places of certain Woman's Clubs.

THURSDAY, AUGUST- 20, 1931.

1127

Senator Duckworth of the 7th District moved to amend Section 2 of Senate Bill No. 176 by adding at the end thereof the following words: Provided that this Act shall not apply to any properties owned by any such organization when same or any part thereof is rented to others or in any way bringing any monetary income to the owner.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 34, the nays 2.
The bill as amended having received the requisite constitutional majority was passed.
Senator Ennis of the 20th District asked unanimous consent that the above bill be immediately transmitted to the House, and the consent was granted.
Senator \Veekes of the 34th District asked unanimous consent that House Bill No. 155, a bill to regulate the occupation of barbers, be immediately transmitted to the House, and the consent was gran ted.

The following resolution was read and adopted, by unanimous consent:
By Senator Ennis of the 20th District and othersSenate Resolution No. 70. A resolution to require all
Boards, Departments and Institutions of the State to purchase supplies from Georgians preferably.

The following bills of the House were read the first time and referred to committees:
By Mr. Lindsay of DeKalbHouse Bill No. 200. A bill to amend Section 147 of the
School Code. Referred to Committee on Education.

1128

JouRNAL OF THE SENATE,

By Mr. Scarbrough of Polk-
House Bill No. 614. A bill to allow the County School Superintendent to live in the county site of certain counties.
Referred to Committee on Education.

By Mr. Lindsay of DeKalb-
House Bill No. 577. A bill to amend the Code by providing for the residence of the County School Superintendent.
Referred to Committee on Education.

The following resolution of the House was read the first time and referred to a committee:

By Mr. Cochran of Thomas and others-
House Resolution No. 100-634B. A resolution providing for the appointment of a committee to re-write the School Code of Georgia.
Referred to Committee on Education.

The following bills of the House were read the first time and referred to committees:
By Mr. Lewis of HancockHouse Bill No. 639. A bill to amend the charter of the
City of Sparta, Georgia. Referred to Committee on Corporations.

By Mr. Clements of Telfair-
Hause Bill No. 631. A bill to provide for a new charter for the City of Milan.
Referred to Committee on Corporations.

THuRsDAY, AuausT 20, 1931.

1129

By Mr. Strickland of Douglas-
House Bill No. 470. A bill to amend Se.ction 4706 of the Civil Code of 1910.
Referred to Committee on General Judiciary No. 1.

By Mr. Bennett of Bacon-
House Bill No. 522. A bill to vest the tax collectors of certain counties with the powers and duties of sheriffs.
Referred to Committee on General Judiciary No. 2.

By Mr. Bennett of Jeff Davis-
House Bill No. 523. A bill to vest the tax collectors of certain counties with the powers and duties of sheriffs.
Referred to the Committee on General Judiciary No. 2.

The following resolution of the House was read the third time and put upon its passage:

By Mr. Brannen of Bulloch-
Hause Resolution No. 70-496A. A resolution to authorize the Highway Department to pave certain roads on State Route No. 26.
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, the nays 0.
The resolution having received the requisite constitutional majority was passed.

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

1130

JouRNAL OF THE SENATE,

By Messrs. Carlisle, Gillen, and Park of Bibb-
House Bill No. 426. A bill to authorize and require the opening of tax receivers books 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Cullens of Treutlen-
House Bill No. 588. A bill to prohibit goats from run,r:ting at large in Treutlen 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, the nays 0.
'The. bill having received the requisite constitutional majority was passed.

By Messrs. Adams of Towns, Culpepper of Echols, and Townsend of Dade-

. House. Bill No. GOG. A bill to authorize ordinaries of certain counties to use funds arising from allocation of gasoline tax monies in retiring Highway bonds issued by such 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, the nays 0.

.'

'

The bill having. received the requisit~ constitutional

majority was passed.

~The. following Fesolution of the House was read the third time and put upon its passage::. ,

TpuRso.A, AuGusT 20, 1931.

'11.8_1

House Resolution No. 72. A resolution authorizing the lOth District A. & M. School to deed land, and for other purposes.

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 39, the

nays 0.

--

--

The resolution having received the requisite constitutional majority was passed.

The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator Reagan of the 35th District-
Senate Bill No. 93. A bill to amend Subdivision 1 of Section 5858 of the Civil Code of 1910.

By Senator McKenzie of the 48th District-
Senate Bill No. 179. A bill to prohibit the possession or transportation of machine guns and sawed off shot guns.

The following resolution of the Senate, favorably reported by the committee, was read the second time:

By Senator Strickland of the 1st District-
Senate Resolution No. 66. A resolution to relieve J. M.
Griner as surety.

The following resolutions of the House, favorably reported by committees, were read the second time:
By Messrs. Davis and Mooty of TroupHouse Resolution No. 62-440A. A resolution for there-
lief and refund of illegal tax.

1132

JouRNAL or THE SENATE,

By Messrs. Mooty of Troup, Allen of Baldwin, and Davis of Mitchell-
House Resolution No. 63-448A. A resolution authorizing the Treasurer of Georgia to reimburse the Reorganization Committee for their expenses.

By Mr. Mundy of Clayton-
House Resolution No. 65-472A. A resolution to relieve
Seth B. Adams, Mrs. Oril Adams and the estate of M. T. J.
Long as sureties.

By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Resolution No. 71-496B. A resolution to relieve D. A. Andrews and Louis Simmons as sureties.

By Messrs. Davis and Mooty of Troup-
House Resolution No. 75-530B. A resolution to relieve T. P. Haralson and B. F. Harrel as sureties.

By Messrs. Mooty and Davis of Troup-
House Resolution No. 76-530C. A resolution to relieve W. H. Colley as surety.

By Mr. Carlisle of Bibb-
House Resolution No. 77-530D. A resolution to relieve 0. H. Booker as surety.

By Mr. Carlisle of Bibb-
House Resolution No. 78-530E. A resolution to relieve H. B. Bloodworth as surety.

The following bills of the House, favorably reported by committees, were read the second time:

THURSDAY, AuousT 20, 1931.

1133

By Messrs. Lanier, Lester, and Cartledge of RichmondHouse Bill No. 253. A bill to amend an Act regulating
the compensation of official Stenographic Reporters of Superior Courts in certain counties.
By Mr. Myrick of ChathamHouse Bill No. 370. A bill to amend the acts creating
and relating to the City Court of Savannah.
By Messrs. Cartledge, Lanier, and Lester of RichmondHouse Bill No. 385. A bill to make tax collectors ex-
officio sheriffs in certain counties.

By Messrs. Cartledge, Lanier, and Lester of RichmondHouse Bill No. 450. A bill to abolish Justice Courts and
the office of Justice of the Peace and Notary Public of Richmond County.
By Mr. Logan of Banks-
House Bill No. 478. A bill to amend Section 695 ofVol. 1 Park's Code of Georgia.
By Mr. Elliott of Henry-
House Bill No. 617. A bill to provide for the use of wire baskets in the waters of Henry County.
The following bill of the House was read the third time and put on its passage:
By Messrs. Oliver and Lance of HallHouse Bill No. 626. A bill to repeal an Act creating a
charter for the town of Belmont. The report 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, the nays 0. The bill having received the requisite constitutional
majority was passed.

1134

, JouRNAL oF THE SENATE,

The following resolution of the Senate was read and adopted:

By Senator Harris of the 18th District-
Senate Resolution No. 69, as follows: Whereas it is provided under authority given in the general appropriation act, Provision C, Section 3, the following paragraph, to-wit:
"(G) For compensation of Doorkeeper, Assistant Messengers, and other attachees of the House and Senate, not otherwise provided for, such sums as may be authorized by resolution of either branch of the General Assembly, to be immediately available."
Therefore be it resolved
That the Chaplain of the Senate be paid the same Per Diem for the session of 1929 and the session of 1931 as is paid the members of the General Assembly.
Senator Harris of the 18th District moved that House Bill No. 592, a bill to create the Savannah River Navigation Commission, be immediately transmitted to the House, and the motion prevailed.

Senator Harris of the 18th District moved that the following hill of the House be laid upon the table, and the motion prevailed:

By Mr. Grayson of Chatham-
House Bill No. 16. A bill to amend Section 1081, Volume 2 of the Civil Code of 1910.

The following privileged resolutions were read and adopted:

THURSDAY, AuGUST 20, 1931.

1135

By Senators Strickland of the 1st District and McWhorter of the 50th District-
A resolution extending the privileges of the floor to the Han. A. Pratt Adams, a former Representative.

By Senator Weekes of the 34th DistrictA resolution extending the privileges of the flo0r to the
Han. J. M. Towery, Mayor of Homerville.

The following communication from the Hon. W. C. Vereen was read:

Maul trie, Ga.
August 18, 1931.
HaN. JoHN W. BENNETT, HoN. L. L. MooRE,
HoN. C. M. McKENZIE, Senate Chamber,
State Capitol,
Atlanta, Ga.
Dear Sirs:
I am in receipt, through Han. John T. Boifeuillet, Secretary of the Senate, copy of resolution introduced by yourselves and adopted by the Senate August 15th, 1931.
Allow me to Jhank you most heartily for the kind expressions contained in this resolution and to assure you that I appreciate most highly the sentiment that prompted you in presenting the resolution and asking its adoption. How true it is that a touch of sorrow or misfortune makes the whole world akin. Your action will ever be one of ,~he

1136

JouRNAL oF THE SENATE,

bright spots in my life, upon which memory will ever love to dwell.
Again thanking you, I am, with all good wishes,
Yours very truly,
w. c. VEREEN.
On account of his illness which confined him to the Piedmont Hospital, Senator John W. Bennett of the 5th District tendered his resignation to the President of the Senate as a member on the part of the Senate, of the joint committee of the Senate and House on House Bill No. 194, a bill to simplify the operations of the Executive Branch of the State Government. Whereupon President Neill appointed Senator L. Knabb of the 4th District a member of said committee in the place of Senator Bennett, resigned.
By unanimous consent, the Senate adjourned until three o'clock this afternoon.
The Chair announced that the Senate stood adjourned until three o'clock this afternoon.

SENATE CHAMBER,
AUGUST 20, 1931.
AFTERNOON SESSIQN.

The Senate was called to order by the President at 3:00 o'clock, this afternoon.

The roll was called and the following Senators answered to their names:

Adkins Beck Brock Cheatham Clements Courson Davis

Dekle Denton Duckworth Ennis Evans Fowler Hand

Harris Horn Jackson Johnson Jones
Knabb Langford

THURSDAY, AUGUST 20, 1931.

1137

Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins

Peterson Pratt Pruett Puett Reagan Richardson Smith Stark Strickland

Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

The following privileged resolution was read and adopted:

By Senator Clements of the 45th DistrictA resolution extending the privileges of the floor to the
Hon. Warren J. Paulk, Commissioner of Irwin County.

Senator West of the 11th 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 co,nsideration the following resolution of the House and has instructed me, as chairman, to report the same back to the Senat,e with the recommendation that the same do pass:
House Resolution No. 110. To authorize the appointment of a committee from the General Assembly to investi-
gate the merits of the several A. & M. Schools of this State.
Respectfully submitted,
WEST, Chairman.

Senator Neisler of the 23rd District, Chairman of the Committee on Banks and Banking, submitted the following report:

1138

JouRNAL oF THE SENATE,

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 not pass:

House Bill No. 67.

Respectfully submitted,

NEISLER, Chairman.

Senator Johnson of the 42nd 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. 573.

Respectfully submitted,

JOHNSON, Chairman.

Senator Johnson of the 42nd 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 not pass:

House Bill No. 638.

Respectfully submitted,

JoHNSON, Chairman.

THURSDAY, AUGUST 20, 1931.

1139

Senator Weekes of the 34th 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 bill 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. 564.
Respectfully submitted,
WEEKES, Vice-Chairman.

The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Spivey and Williams of Emanuel-
House Bill No. 621. A bill to repeal an Act creating the City Court of Swainsboro.

By Mr. Musgrove of Clinch-
House Bill No. 622. A bill to require certain county officers in certain counties to make monthly financial reports.

By Messrs. Lance and Oliver of Hall-
House Bill No. 637. A bill to amend the charter of the Town of Clermont in Hall County.

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

By Messrs. Crawford and Lanham of Floyd-
House Bill No. 563. A bill to amend an Act creating a new charter for the City of Rome.

1140

JouRNAL OF THE SENATE,

The committee offered the following amendment: By
striking the last sentence of Subsection J of Section 3 and
inserting in lieu thereof the following:
"A special lien is hereby created on and against the land of abutting owners for any and all assessments made against them under the provisions of this section of this Act relating to such sidewalks, and/or curbing and/or guttering and all the rights, remedies and powers of the City of Rome for issuing, collecting, and transferring executions for any such improvements, and all rights and remedies of abutting property owners, relating thereto, shall be in all respects the same as laid down and provided in subsections "d", "e", "f", "g", "h", and "i" of this section of 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 as amended, the ayes were 41, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 278. A bill to direct the commissioner of Vehicles of Georgia to enter into agreements with adjoining states providing reciprocity of Motor Vehicle operators.
Senator Duckworth of the 7th District moved to amend by adding at the end of Section 5 the following words: Provided that all reciprocal agreements entered by the Commissioner while the Legislature is not in session, shall be approved by the Governor.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

THURSDAY, AuousT 20, 1931.

1141

On the passage of the bill as amended, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Bunn of Ware-
House Bill No. 355. A bill to provide for the manner in which tax fi. fas. shall be issued by tax collectors 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 36, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Messrs. Lanier, Lester, and Cartledge of RichmondHouse Bill No. 387. A bill to make certain bailiffs pro-
bation officers.
The report 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, the nays 9.
The bill having received the requisite constitutional majority was passed.

By Messrs. Park and Gillen of Bibb-
House Bill No. 449. A bill to authorize Boards of County Commissioners or other fiscal agents to elect one member of the Board of Tax Assessors to be full time Tax Assessor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

il.142

JOURNAL OF THE. SENATE,

On the passage of the bill, the 'ayes were 39, the nays 0.
The bill having received the requisite constitutional lnajority was passed.

By Messrs. Stanton and Bunn of Ware-
. House Bill No.. 507. A bill to provide for the compensa:tion of Juvenile Court Judges in certain counties.
to The report of the committee, which was favorable the
passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Eckford of Fulton, Lindsay of DeKalb, and others-
House Bill No. 570. A bill to amend an Act amending 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By- Messrs. Eckford of Fulton and Lindsay of DeKalb-
House Bill No. 574. A bill to increase the city limits 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 37, the nays 0.
The bill having received the requisite constitutional majority was passed.

THURSDAY, AuousT 20, 1931.

1143

By Messrs. Lindsay of DeKalb and Eckford of FultonHouse Bill No. 575. A bill to amend an Act authorizing
the City of Atlanta to borrow $1,000,000 in any year.
The report 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, the nays o
The bill having received the requisite constitutiona I majority was passed.

By Mr. Patten of LanierHause Bill No. 605. A bill to create the office of Roads
and Revenues 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

Senator Dekle of the 6th District, Chairman of the Senate Committee to confer with a like committee from the House on the General Appropriation Bill, viz., House Bill No. 147, submitted the following report:
Mr. President,
Mr. Speaker:
We, your Conference Committee, appointed in House Bill No. 147, known as the General Appropriation or Budget Bill, submit the following report:
1-The Senate recedes from its Amendment No.1 to Section 1, Subsection E, relating to Emergency Appropriation.
2-The Senate recedes from its Amendment No. 2 to Section 1, Subsection D, relating to the publication of Constitutional Amendments.

1144

JouRNAL OF THE SENATE,

3-The Senate recedes from its Amendment No. 3 to Section 1, Subsection B, relating to Insurance on Public Property.

4-The Senate and House both recede from their position as to Senate Amendment No. 4, relating to Section 2, Department of Agriculture and substitute a new section for Section 2 to read as follows:

SECTION 2. AGRICULTURE, DEPARTMENT OF
(a) Maintenance ........... $300,000.00 $300,000.00
Provided, that from the above amount appropriated to-wit: $300,000.00 for each of the years 1932 and 1933, or so much thereof as may be necessary, there shall be expended sums sufficient to carry out the duties of the department such as Administration, Collection of Agriculture Statistics, Administration of Pure Food and Drug Acts, Chemical Laboratory, Fertilizer Inspection, Feed Inspection, Fruit Inspection and the operation of the Bureau of Markets; Provided however, that no more than $25,000.00 be allocated to the publication of . the Market Bulletin and

THURSDAY, AuausT 20, 1931.

1145

provided further, that nothing except Market Bulletin quotations and bona fide listings of market products offered for sale shall be published in the Market Bulletin. And provided further, that $75,000.00 of this appropriation be allocated to the State Veterinarian for the control of contagious, infectious and . communicable livestock diseases, such as tuberculosis, hog cholera, hemorrhagic septicemia, black leg, rabies and other communicable livestock diseases and to prevent the re-infestation of Georgia with the cattle-fever tick from the tick infested areas of Florida and Alabama by maintammg an effective quarantine patrol on the border; and for the enforcement of various meat and milk inspection law.
5-The Senate recedes from its position as to Senate Amendment No. 5 of Section 2, relating to the Department of Agriculture.
6-The Senate recedes from its position as to Senate Amendment No. 6, relating to Section 2, Department of Agriculture.

1146

JouRNAL OF THE SENATE,

7-The Senate and House both recede from their positions as to Senate Amendment No. 7, relating to Section 6, Department of Audits and substitute the following for Section 6:

SECTION 6. AUDITS, DEPARTMENT OF
(a) Maintenance ........... $ 65,000.00 $ 65,000.00
Provided that the above sum appropriated shall be expended at the discretion of the State Auditor for carrying out the duties of the Department of Audits together with the former duties of the auditing department of the Department of Education, which duties have been transferred to the Department of Audits.
Provided further that from the above appropriation there shall be paid the salary of the State Auditor as fixed by law, Acts 1925-page 256; and the salaries of all other employees in such amounts as shall be fixed by the State Auditor.
8-The Senate recedes from its posltlon as to Senate Amendment No. 8, relating to the Department of Audits.

THuRsDAY, AuGusT 20, 1931.
9-The House agrees to Senate Amendment No. 9, Section 7, Division A, Part 1, relating to the salary of the Superintendent of Banks.
10-The Senate recedes from its position as to Senat~ Amendment No. 10, relating to Section 12, Subsection E, the Department of Comptroller-General.
11-The Senate and House both recede from their position as to Senate Amendment No. 11, relating to the Department of Education and substitute for the figures $170,000.00 for each of the years 1932 and 1933 the figures $160,000.00 for each of the years 1932 and 1933.
12-The Senate recedes from its position as to Senate Amendment No. 12, relating to the auditing department of the Department of Education.
13-The Senate and House both recede from Senate Amendment No. 13 relating to Section 15, Item B by striking the figures $4,433,500.00 for the year 1932 and the figures $4,406,000.00 for the year 1933 and substi tuting in lieu thereof the following S4,313,750.00 for the year 1932 and $4,31(1,250.00 for the year 1933.
14-The Senate recedes from its position as to Senate amendment No. 14, Section 15, Item B, relating to the Department of Education.
15-The Senate recedes from its position as to Senate amendment No. 15 to Section 16, Item A, Department of Vocational Education.
16-The House agrees to Senate amendment No. 16, to Section 18, of Division A, Part 1, relating to the Forestry Department. The Committee adds to said section the following proviso:
Provided that, The Board of Forestry may expend from this appropriation or any other funds coming into its hands the sum of S20,000.00 or so much thereof as may be necessary to secure

1148

JouRNAL oF THE SENATE,

donations for the purpose of developing the paper pulp industry in this State.
17-The Senate recedes from its position as to its Amendment No. 17 to Section 18, relating to the Department of Forestry.
18-The Senate recedes from its position as to Senate Amendment No. 18 to Section 19, relating to the Department of Game and Fish.
19-The Senate recedes from its position as to Senate Amendment No. 19 to Section 23, relating to the Department of Horticulture and Entomology.
20-The House agrees to Senate Amendment No. 20 to Section 25, fixing the salary of the State Librarian.
21-The Senate recedes from its position as to Senate Amendment No. 21 to Section 25 relating to the State Library.
22-The House agrees to Senate Amendment to Section 27, Subsection A of Division A, Part 1, relating to the Military Department.
23-The House agrees to Senate Amendment No. 23 to Section 38, Item A, relating to Public Buildings and Grounds.
24-The Senate recedes from its position as to Senate Amendment No. 24 to Section 42, Part 1, Division A, relating to the Department of Revenue.
25-The Senate recedes from its position as to Senate Amendment No. 25 to Section 44, Subsection A, relating to the salary of the Secretary of State.
Your Committee amends House Bill No. 147 by striking therefrom Section 44 in its entirety and substitutes in lieu thereof the following:

THuRsDAY, AuousT 20, 1931.

. 1149

SECTION 44.
SECRETARY OF STATE, DEPARTMENT OF
(a) Maintenance ........... $ 15,000.00 $ 15,000.00
For defraying the expenses incurred in the operations. of the offices of Secretary of State and Corporation Commisswner.
(b) Maintenance ........... $135,000.00 $135,000.00
For defraying the expenses incurred in the operations of the office of Motor Vehicle CommiSSioner.
Provided further that the official administering the Motor Vehicle Tax laws is hereby authorized and directed to pay into the General Fund of the State Treasury 5% of the total net collections derived from the Motor Vehicle Act which expense of collection is provided for by the above appropriation.
26-The Senate recedes from its pos1t10n as to Senate Amendment No. 26 to Section 46, Item A, relating to the Department of State Tax Commission.
27-The Senate recedes from its position as to Senate Amendment No. 27 to Section 46, relating to the salary of the State Tax Commissioner.

1150

JouRNAL oF THE SENATE,

28-The House agrees to Senate Amendment No. 28 to Section 47, Item (b-2), relating to Interest on Temporary Loans.
29-The Senate recedes from its position as to Senate Amendment No. 29 to Section 50, Item A, relating to the Milledgeville State Hospital.
Your Committee amends said Section 50, Item A by adding thereto the following proviso:
Provided, that if the above amount is insufficient for the maintenance of said State Hospital, the Governor is hereby authorized and directed, as a preference, to allocate an additional sum not to exceed $100,000.00 for each of the years 1932 and 1933 from the Emergency Appropriation contained in Section 1, I tern E of this Act.
30-The House and Senate both recede from their position as to Senate Amendment No. 30 to Section 52, relating to the State Tuberculosis Sanatorium.
Your Committee substitutes the following amendment to said Section 50:
Provided further that out of the above amount appropriated there may be purchased lands and buildings, the cost of which is not to exceed $7,000.00.
31-The Senate recedes from its position from Senate Amendment No. 31.
32-The Senate recedes from its position from Senate Amendment No. 32.
33-The House agrees to Senate Amendment No. 33 to Section 57, relating to the Prison Farm.
34-The Senate recedes from its position as to Senate Amendment No. 34 to Section G7, relating to the Fourth District A. & :\1. School.

THURSDAY, AUGUS1 20, 1931.

1151

35-The House and Senate both recede from their position as to Senate Amendment No. 35 to Section 68, relating to the Georgia Vocational and Trades School at Monroe.
Your Committee amends Section 68 by striking therefrom the figures $15,000.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures $20,000.00 for the year 1932 and $20,000.00 for the year 1933.
36-The House and Senate both recede from their position as to Senate Amendment 1\'"o. 36 to Section 69 relating to the Georgia Industrial College at Barnesville.
Your Committee amends said Section 69 by striking therefrom the figures $15,000.00 for the years 1932 and 1933 and substituting in lieu thereof the figures $20,000.00 for each of the years 1932 and 1933.
37-The Senate recedes from its position as to Senate Amendment No. 37 to Section 70, relating to the Seventh District A. & M. School at Powder Springs.
38-The Senate recedes from its position as to Senate Amendment No. 38 to Section 71, relating to the Eighth District A. & M. School at Madison.
39-The Senate recedes from its position as to Senate Amendment No. 39 to Section 73, relating to the Ninth District A. & M. School at Clarkesville.
40-The Senate and House both recede from their position as to Senate Amendment No. 40 to Section 73, relating to the Tenth District A. & M. School at Granite Hill. Your Committee amends said Section 73 by striking therefrom the figures $15,000.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures of S10,000.00 for year 1932.
41-The Senate recedes from its position as to Senate Amendment ~o. 41 to Section 76, relating to Bowdon State Normal and Industrial College.

1152

JouRNAL oF THE SENATE,

42-The Senate recedes from its position as to Senate Amendment No. 42 to Section 80, Item A, relating to Medical College, Augusta.
43-The Senate recedes from its position as to Senate Amendment No~ 43 to Section 85, relating to Georgia Military College, Milledgeville.
Your Committee amends House Bill No. 147 by striking therefrom Section 85 in its entirety.
44-The Senate recedes from its position as to Senate Amendment No. 44 to Part 1, Division F, Section 89, Subsection A, relating to the expenses of committees visiting chain-gangs in this state.
45-The Senate recedes from its position as to Senate Amendment No. 45 to Part 2, Section 4, Item A, relating to Vocational Education.
46-The Senate recedes from its position as to Senate Amendment No. 46 to Part 2, Section 5, Item A, relating to the Smith-Lever Fund.
47-The Senate recedes from its position as to Senate Amendment No. 47 to Part 2, Section 6, Item A, relating to Prison Commission.
48-The House agrees to Senate Amendment No. 48 to Section 8, Part 2.
Your Committee amends Senate Amendmel).t No. 48 to Section 8, Part 2, by adding thereto the following provtso:
Provided further, that the appropriations made in this Act, except the appropriations made to the Legislative and Judicial Departments of the State; for the payment of the Public Debt and Interest thereon; and for the payments to the various counties of the State to be used exclusively for the maintenance and construction of Public

THURSDAY, AUGUST 20, 1931.

1153

Roads, shall not be directly disbursed by the State Treasurer to any obligee of the State Departments, Boards, Commissions, Bureaus, Institutions and Educational interests of the State, but shall be disbursed upon the receipt of an Executive warrant in a lump sum to the official or officials of said Departments, Boards, Commissions, Bureaus, Institutions and Educational interests of the State who are designated to receive and disburse or to control the receipts and disbursements of funds, who will in turn make the payments which are due the obligees of the State.

49-The Senate recedes from its positiOn as to Senate Amendment No. 49 to Division C, Section 60, Item A, relating to the Georgia Experiment Station at Griffin.

50-Your Committee amends House Bill No. 147, Section 89, Paragraph 12, by striking therefrom the sum of $5,000.00 and substituting in lieu thereof the sum of $7,500.00 and adds the following proviso:

Provided, however, that the sum of $2,500.00 be immediately available for the payment of the printing, stationery, etc. incident to the General Assembly for the year 1931.

Your Committee further amends House Bill No. 147, Section 89, Paragraph 13, by striking therefrom the figures $5,000.00 and substituting in lieu thereof the figures $6,500.00 and adds the following proviso:

Provided, however, that the sum of $1,500.00 of said $6,500.00 be immediately available to pay the expenses of committee already incurred

1154

JouRNAL oF THE SENATE,
during the present session of the General Assembly.
Respectfully submitted,
DEKLE of the 6th District, HAND of the 8th District, ENNIS of the 20th District, CuLPEPf-ER of Fayette, RIVERS of vVheeler, FAGAN of Peach.

The following resolutions of the House were read the third time and put upon their pass.age:
By Mr. Adams of Towns-
House Resolution No. 60-405A. A resolution to refund fee deposited under Motor Carriers Act of 1925.
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, the nays 0.
The resolution having received the requisite constitutional majority was passed.
By Mr. \Valker of Ben Hill-
House Resolution No. 97. A resolution to relieve J. B. Seanor and J. Casper as sureties.
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 35, the nays 0.
The resolution having received the requisite constitutional majority was passed.

THURSDAY, AucusT 20, 1931.

1155

The following bill of the House was read the first time and referred to a committee:

By Mr. Bush of Miller-
House Bill No. 542.1 A bill to repeal Section 695 of Volume 1 of the Code of Georgia.
Referred to Committee on Highways and Public Roads.

The following bill of the House, favorably reported by the committee, was read the second time:

By Messrs. Eckford, McRae, and Still of Fulton, and Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 57:3. A bill to amend an Act establishing a new charter for the City of Atlanta.
The Senate agreed to the following House amendment to Senate Resolution No. 50, a resolution ratifying the action of the Western and Atlantic Railroad Commission in making a modified contract as to the depot site in Atlanta: to
No. amend Senate Resolution 50 by adding thereto, at the
end of the last paragraph thereof, and to become a part of said paragraph, the following: Provided that if there is in said original or modified contracts any stipulation or agreement or covenant that would in any event or manner, in any way, cancel or impede or interfere with the unimpaired right of the State of Georgia, at or upon the termination of its present lease of the Western & Atlantic Railroad to the Nashville, Chattanooga & St. Louis Railway, to lease or release to any lessee, or to take possession of, the Western & Atlantic Railroad properties, as set forth in Section Two (2) of the Act of the General Assembly of the State of Georgia, approved Augu.st 24, 1929, creating the Western & Atlantic Railroad Commission and defining its powers, subject only to existing rights of the warehouse lessee of said depot site, then any such stipulation, agreement or covenant is not hereby approved and ratified.

1156

JouRNAL oF THE SENATE,

By unanimous consent, the Senate adjourned.
The Chair announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

FRIDAY, AuGusT 21, 1931.

1157

SENATE CHAMBER, ATLANTA, GA.,
FRIDAY, AUGUST 21, 1931.
The Senate met, pursuant to adjournment, at 10:00 o'clock, A. M., this day and was called to order by the President Pro Tern., Senator Jackson of the 14th District.
Prayer was offered by the Chaplain.
By unanimous consent, the roll call was dispensed with.
The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with.
The following privileged resolutions were read and adopted:
By Senator Brock of the 44th District-
A resolution extending the privileges of the floor to !\Irs. A. C. Alexander, wife of the Senator from the 25th District; and to Mrs. C. M. McKenzie, wife of the Senator from the 48th District.
By Senator Beck of the 37th District-
A resolution extending the privileges of the floor to the
Hon. John T. Hixon of Villa Rica.
By Senators Evans of the 19th District and Harris of the 18th District-
A resolution extending the privileges of the floor to Dr. T. B. Ricketson of \Varrenton.

1158

JouRNAL OF THE SENATE,

By Senator Evans of the 19th District-
A resolution extending the privileges of the floor to Mrs. John S. Wood, wife of the Congressman from the 9th Congressional District.

By Senator West of the 11th District-
A resolution extending the privileges of the floor to Mr. Kontz Bennett, son of the Senator from the 5th District.

Senator McWhorter of the 50th District, Chairman of the Committee on Education, submitted the following report:

Mr. President:
Your Committee on Education 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:
House Bill No. 200 do pass.
House Bill No. 577 do pass.
House Bill No. 614 do pass.
House Resolution No. 100-634B do not pass.
Respectfully submitted,
McWHoRTER, Chairman.

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

FRIDAY, AuGUST 21, 1931.

1159

The House has agreed to the Senate amendment to the following bill of the House, to-wit:

By Mr. Thompson of Barrow-
House Bill No. 619. A bill to be entitled an Act to provide that the County Superintendent of Schools may be a resident and reside in the county site of said counties, in counties having certain populations, and for other purposes.

The House has passed by the reqms1te constitutional majority the following resolution of the House, to-wit:

By Mr. Osteen of BryanHouse Resolution No. 113. A resolution to relieve
J. M. Griner and his surety on bond from any claim.

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

Mr. President:
The House has adopted by the reqms1te constitutional majority the following resolution of the Senate, to-wit:

By Senator Williams of the 27th District-
Senate Resolution No. 57. A resolution to provide for the celebration of the 200th Anniversary of the State of Georgia.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President: The House has adopted the report of the Committee of
Conference on the following bill of the House:

1160

JouRNAL OF THE SENATE,

By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to be entitled an Act to make for the last half of the fiscal year 1931, and for the years 1932 and 1933, appropriations to cover the expenses of the Legislative, Executive and Judicial Branches of the State Government, the upkeep and maintenance of the public institutions of the State, the educational interests of the State, "the payment of the public debt, and the interest thereon; and for other purposes.

The following message was received from the House through Mr. Kingery, 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 Senator Ennis of the 20th District and others-
Senate Resolution No. 70. A resolution resolving that the departments and institutions of the State of Georgia give preference to Georgia Products in purchasing their supplies.

The House has passed as amended by the reqUisite constitutional majority the following bill of the Senate, to-wit:

By Senator Courson of the 16th District-
Senate Bill No. 35. A bill to be entitled an Act repealing Section 23 of Act No. 427 to allow fishing with hook and line devices, and for other purposes.

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

FRIDAY, AuGusT 21, 1931.

1161

Mr. President:
The House has passed by the reqmstte constitutional majority the following bills and resolutions of the Senate, to-wit:

By Senators Reagan of the 35th District and Weekes of the 34th District-
Senate Bill No. 154. A bill to be entitled an Act amending an Act authorizing the City of Atlanta to borrow during any one calendar year the sum of One Million Dollars.

By Senator Pruett of the 32nd District-
Senate Bill No. 104. A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Lumpkin County, Georgia; to create the office of County Tax Commissioner, and for other purposes.

By Senator Neill of the 24th District-
Senate Bill No. 149. A bill to be entitled an Act to change the time of meeting of the Board of Commissioners of Roads and Revenues of Muscogee County, and for other purposes.

By Senator Brock of the 44th District-
Senate Bill No. 120. A bill to be entitled an Act to abolish an Act entitled "An Act to abolish the office of County Treasurer in and for the County of Dade," and for other purposes.

By Senator Tippins of the 49th District-
Senate Bill No. 159. A bill to be entitled an Act to amend an Act incorporating the City of Claxton, and for other purposes.

1162

JOURNAL OF THE SENATE,

By Senator Knabb of the 4th District-
Senate Bill No. 144. A bill to be entitled an Act to repeal Section 695 of Volume 1 of the Code of Georgia, enumerating the persons subject to road duty in Georgia, and for other purposes.

By Senator Richardson of the lOth District-
Senate Resolution )Jo. 34. A resolution to authorize the State Highway Department to pave the Old Blue Springs Road in Dougherty County, and for other purposes.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President: Your Committee on Engrossing has read and approved
the following Senate bills and resolutions and reports the same back as being ready for transmission to the House:
Senate Bill No. 176.
Senate Resolution No. 67. Senate Resolution N"o. 70.
Respectfully submitted, PcETT, Chairman.

Senator \Veekes of the ~)4th District, Chairman of the Committee on Enrollment, submitted the following report:

Mr. President:
Your Committee on Enrollment has read and approved the following Acts and reports the same ready for transmission to the Governor:
No. 114.

FRIDAY, AucusT 21, 1931.

1163

No.48. No. 158. No. 163.

Respectfully submitted, WEEKEs, Chairman.

Senator West of the 11th 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:
House Bill No. 537. To change the name of the School of Mechanical Arts at Forsyth, Georgia, to State Teachers and Agricultural College for Negroes.
Respectfully submitted,
\VEsT, Chairman.

Senator North of the 36th 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. 639. Amending the charter of the City of Sparta.

1164

JouRNAL oF THE SENATE,

House Bill No. 631. City of Milan.

Providing a new charter for the
Respectfully submitted, NoRTH, Chairman.

Senator Watson of the 3rd 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 has instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 522.
House Bill No. 523.
Respectfully submitted,
\Y.nsox, Chairman.

Senator Perkins of the 17th District, Chairman of the Committee on Military Affairs, submitted the following report:

1\dr. President:
Your Committee on Military Affairs 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. 94-593F.
Respectfully submitted,
PERKINs, Chairman.

FRIDAY, AuGusT 21, 1931.

1165

Senator Ennis of the 20th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:

Your Committee on Highways and Public Roads 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 ~o. 558 do pass as amended.
House Bill No. 542 do pass.
Respectfully submitted,
ENNis, Chairman.

Senator Johnson of the 42nd 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. 640.
House Bill No. 641.
Respectfully submitted,
JoHNsoN, Chairman.

Senator Stark of the 43rd District, Chairman of the Committee on Finance, submitted the following report:

1166

JouRNAL OF THE SENATE,

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 not pass:
Senate Bill No. 11.
Respectfully submitted,
STARK, Chairman.

Senator McWhorter of the 50th 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 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. 10Q-634B.
Respectfully submitted,
McWHoRTER, Chairman.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Lindsay of DeKalb-
House Bill No. 200. A bill to amend Section 147 of the School Code of Georgia.

By Mr. Bennett of Bacon-
House Bill No. 522. A bill to vest in the tax collectors of certain counties the powers and duties of sheriffs.

FRIDAY, AucusT 21, 1931.

1167

By Mr. Bennett of Jeff Davis-
House Bill No. 523. A bill to vest in the tax collectors of certain counties the powers and duties of sheriffs.

By Mr. Freeman of Monroe-
House Bill No. 537. A bill to change the name of the School of Mechanical Arts at Forsyth.

By Messrs. Lindsay, Leathers, and Beaman of DeKalb-
House Bill No. 564. A bill to create a State Confederate Memorial and Monument Commission.

By Mr. Lindsay of DeKalb-
House Bill No. 577. A bill to amend the Code by providing for the residence of the County School Superintendent.

By Mr. Scarbrough of Polk-
House Bill :"Jo. 614. A bill to allow the County School Superintendent to live in the county site in certain counties.

By Mr. Clements of Telfair-
Hause Bill No. 631. A bill to provide for a new charter for the City of Milan.

By Mr. Lewis of Hancock-
House Bill No. 639. A bill to amend the charter of the City of Sparta.

By Mr. Mallard of Charlton-
House Bill No. 640. A bill to amend an Act creating a new charter for the City of Folkston.

1168

JouRNAL OF THE SENATE,

By Mr. Nelson of Laurens-
House Bill No. 641. A bill to create a new charter for the City of Dublin.

The following resolutions of the House, favorably reported by committees, were read the second time:

By Mr. Cochran of Thomas and others-
House Resolution No. 100-634B. A resolution to appoint a committee to rewrite the School Code of Georgia.

By Mr. Lindsay of DeKalb-
House Resolution No. 94-593F. A resolution authorizing the Military Department to investigate the claims of Roosevelt Henley.

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

By Messrs. Spivey and Williams of EmanuelHouse Bill No. 621. A bill to repeal an Act relating
to the term of the City Court of Swainsboro.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Lewis of Gordon-
House Bill No. 624. A bill to amend an Act creating the office of Commissioner of Roads and Revenues for Gordon County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, AUGUST 21, 1931.

1169

On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite constitutional majority was passed.

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

By Messrs. Davis and Mooty of TroupHouse Resolution No. 62-440A. A resolution for the
relief and refund of illegal tax.
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. Mundy of Clayton-
House Resolution No. 65-472A. A resolution to relieve
Seth B. Adams, Mrs. Ora Adams, and the estate of M. T. J.
Long as sureties.
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 37, the nays 0.
The resolution having received the requisite constitutional majority was passed.

By Messrs. Battle, Meredith, and Roberts of Muscogee-
House Resolution No. 71-496B. A resolution to relieve D. A. Andrews and Louis Simons as sureties.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.

1170

JouRNAL oF THE SENATE,

On the passage of the resolution, the ayes were 40, the nays 0.
The resolution having received the requisite constitutional majority was passed.

By Messrs. Davis and Mooty of Troup-
House Resolution No. 75-530B. A resolution to relieve T. P. Haralson and B. F. Harrell as sureties.
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 39, the nays 0.
The resolution having received the requisite constitutional majority was passed.

The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Adams of Towns-
House Bill ~o. 558. A bill to impose charges on those who pursue the business of operating motor vehicles on the public highways for carrying passengers or property.

By Mr. Bush of Miller-
House Bill No. 542. A bill to repeal Section 695 ofVolume 1, of the Code of Georgia, enumerating persons subject to road duty in Georgia.

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

By Messrs. Lance and Oliver of Hall-
House Bill No. 637. A bill to amend the charter of the Town of Clermont.

FRIDAY, AucusT 21, 1931.

1171

The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 253. A bill to amend an Act regulating the compensation of official stenographic reporters of Superior Courts.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Myrick of Chatham-
House Bill No. 370. A bill to amend the several Acts creating and relating to the City Court of Savannah.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 385. A bill to make tax collectors' ex-officio sheriffs 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, the nays 0.

1172

JouRNAL OF THE SENATE,

The bill having received the requisite constitutional majority was passed.

By Mr. Logan of Banks-
House Bill No. 478. A bill to amend Section 695 of Volume 1 of Park's 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 35, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Messrs. Eckford, McRae, and Still of Fulton, and Beaman, Leathers, and Lindsay of DeKalb-
House Bill No. 573. 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 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following resolutions of the House were read the third time and put upon their passage:
By Messrs. Davis and Mooty of Troup-
House Resolution No. 76-530C. A resolution to relieve W. H. Colley as surety.
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 35, the nays 0.

FRIDAY, AuGusT 21, 1931.

1173

The resolution having received the requisite constitutional majority was passed.

By Mr. Carlisle of Bibb-
House Resolution No. 77-530D. A resolution to relieve 0. H. Booker as surety.
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 38, the nays 0.
The resolution having received the requisite constitutional majority was passed.

By Mr. Carlisle of Bibb-
House Resolution No. 78-530. A resolution to relieve H. B. Bloodworth as surety.
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 35, the nays 0.
The resolution having received the requisite constitutional majority was passed.

The Senate agreed to House Amendment No. 1, and to House Amendment No.2, to the following bill of the Senate~

By Senator Jones of the 51st District-
Senate Bill No. 157. A bill to abolish the offices of Tax Receiver and Tax Collector of Milton County.

The Senate agreed to House Amendment No. 1, and to House Amendment No. 2, and to House Amendment No. 3 as amended, to the following bill of the Senate:

1174

JouRNAL oF THE SENATE,

By Senator Courson of the 16th District-
Senate Bill No. 35. A bill to repeal an Act to allow fishing with hook and line, and for other purposes.

The Senate disagreed to the House Amendment of Messrs. Stone of Early and Carlisle of Bibb, to the following bill of the Senate; and the Senate agreed to the House amendment of the House Committee on General Judiciary No. Two, to said bill:

By Senators Dekle of the 6th District and Moore of the 47th District-
Senate Bill No. 31. A bill to allow the holder of an equity in or lien on property assessed with other property, to pay taxes against the property and obtain a release.
The Senate took up Senate Bill No. 33, by Senators McWhorter of the 50th District, and Moore of the 47th District, to amend the Constitution so as to classify intangible property, and for other purposes, in order to consider the House substitute and House amendments thereto.
The House substitute follows, to-wit:

A BILL
To be entitled an Act to propose to the qualified voters of the State of Georgia an amendment to Paragraph One (1), Section Two (2), of Article Seven (7) of the Constitution of the State of Georgia so as to authorize the General Assembly to classify intangible property for taxation and to adopt different rates and methods for taxing different classes of such property; to exempt forest lands from taxation; to limit the State tax on real estate and tangible personal property; 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 author-

FRIDAY, AucusT 21, 1931.

1175

ity of the same, that Paragraph One (1), Section Two (2), of Article Seven (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 One (1), Section Two (2), of Article Seven (7) of said Constitution, the following, to-wit:
1. All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property, and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify intangible property including money for taxation and to adopt different rates and different methods for different classes of such property. If intangibles be taxed ad valorem the rate for all purposes shall not exceed five mills on each dollar of the assessed value thereof. Taxes realized from intangibles may be prorated to the State and to the local taxing units in s .tch manner and proportions and by such methods as the General Assembly may from time to time provide, but no tax shall be levied or collected on in tangible property including money except by the State.
2. The General Assembly shall also have the power to exempt from taxation for a period of years forest lands devoted to growing timber and impose thereon a deferred or yield tax or such other tax as may be prescribed by the General Assembly when forest products grown on such lands are fit for marketing or are yielding an income to the owner.
3. Property taxes for State purposes, levied ad valorem on real and tangible personal property after the thirty-first (31st) day of December Nineteen Hundred and ThirtyThree (1933) shall not exceed four mills for the year 1934, three mills for the year 1935, and two mills for each year

1176

JouRNAL or THE SENATE,

thereafter, provided, however, that the right of the State to tax persons and property of all kinds and classes in case of war, invasion, insurrection, or other extraordinary catastrophe, shall be and remain unlimited.

Sec. 2. Be it further enacted by the authority aforesaid that when this 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 shall be 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 at the next general election shall 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 One (1), Section Two (2), of Article Seven (7) of the Constitution authorizing classification of intangible property for taxation and the adoption of different rates and methods for different classes of such property, to exempt forest lands from taxation, and to limit the State ad-valorem tax;" 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 One (1), Section Two (2), of Article Seven (7) of the Constitution, authorizing the classification of intangible property for taxation and the adoption of different rates and methods for different classes of such property, to exempt forest lands from State taxation, and to limit the State ad-valorem tax;" and if the majority of the electors qualified to vote for 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 of the result by publication of the results of said

FRIDAY, AuGusT 21, 1931.

1177

election by one insertion in one of the daily papers of this State, declaring the amendment ratified.
Sec. 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

The Senate agreed to the following House amendment to the House substitute to Senate Bill No. 33:
By Messrs. Meredith of Muscogee and Park of BibbAmend the substitute for Senate Bill No. 33, by striking
from Section 1, of said substitute, Subsection 3 in its entirety.

The Senate disagreed to the following House amendment to House substitute to Senate Bill No. 33:
By I\Ir. Eckford of Fulton-
Amend Committee Substitute to Senate Bill No. 33, sub-paragraph numbered 1 of Section 1 of House substitute of Senate Bill No. 33 by striking the word "may" in the thirteenth line between the words "intangibles" and the word "be," and by inserting in lieu thereof the word "shall."

The Senate agreed to the following House amendment to House substitute to Senate Bill No. 33:
By Mr. Simmons of Decatur-
Amend Committee Substitute for Senate Bill No. 33 by striking therefrom Paragraph 2, of Section 1 thereof, in its entirety.
The Senate agreed to the House substitute to Senate Bill No. 33, as amended by the amendment of Messrs. Meredith of Muscogee and Park of Bibb, and the amendment of Mr. Simmons of Decatur.

1178

JouRNAL oF THE SENATE,

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

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 450. A bill to abolish Justice Courts in Richmond County.
The committee moved to amend by striking from Section 1, the following:
"November 1, 1931," and inserting in lieu thereof the following:
"January 1, 1933,"
The amendment was adopted.
The committee moved to amend by striking therefrom Section 6 in its entirety.
The amendment was adopted.
The committee moved to amend by striking from Section 3 the following language:
"Septemher, 1931" and inserting in lieu therefor the following "December, 1932."
The amendment was adopted.
The committee moved to amend by adding thereto a new section to be known as Section 38 (a) and to read as follows, to-wit:
"This Act shall not be effective until the Constitution of the State has been amended so as to strike from the end of Section 7, Article 6 the following language: provided that nothing herein contained shall apply to Richmond County.'"
The amendment was adopted.
The committee moved to amend by striking from Section 20 the following "January, 1932" and inserting in lieu thereof the following "January, 1933."

FRIDAY, AuGusT 21, 1931.

1179

The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 41, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.
Senator Harris of the 18th District asked unanimous consent that the above bill be immediately transmitted to the House, and the consent was granted.

By Mr. Howard of Long-
House Bill No. 627. A bill to amend an Act to establish a City Court of Ludowici.

The committee offered the following substitute:

COMMITTEE SUBSTITUTE TO
HOUSE BILL NO. 627
To amend the Act creating the City Court of Ludowici by reducing the Jury terms to three terms to be held on second Mondays in February and June and fourth Monday in September of each year and changing the term of office of the Judge of said court so that the present term will expire December 31, 1932, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act creating the City Court of Ludowici, Long County, Georgia, enacted at the 1921 session of the General Assembly of Georgia, be, and the same is hereby amended by striking from Section Nine of said Act the following language, to-wit: "and that the February, May, August and November terms of said court shall be

1180

JouRNAL OF THE SENATE,

known as the regular quarterly terms of said court, at which quarterly terms all jury trials shall be had," as same appears in the fourth, fifth, sixth and seventh lines of said Section Nine as set forth in the 1921 Acts, page 369, and substituting in lieu of said stricken language, the following language, to-wit: "except that the September term of said court shall be held on the Fourth Monday in September, and that the February, June and September terms of said court shall be known as the regular jury terms of said court at which all jury trials shall be had, except in cases where special jury terms are called as herein provided for." And said Section Nine is further amended by striking therefrom the word "quarterly" as same appears in lines 21, 25 and 28 of said section, so that said section nine of said Act when so amended shall read as follows:

Section 9. Be it further enacted by the authority aforesaid, that the regular terms of said city court shall be held on the Second Mondays in each month of the year, except that the September term of said court shall be held on the Fourth :Monday in September, and that the February, June and Septemher terms of said court shall be known as the regular jury terms of said court at which all jury trials shall be had, except in cases where special jury terms are called as herein provided for. The terms of said court shall be held in the Court House of Long County, in Ludowici, Georgia, and said terms shall continue until all business is disposed of, unless sooner adjourned. The said Judge of said court shall hold his court at the same place at any other time than the regular term for the transaction and disposition of any civil or criminal business which does not require a jury, and is hereby given the authority to try any civil or criminal case, upon the law and facts of the same, where a jury is not required, and upon any day in the year, except Sunday, and this shall be especially done to relieve the jail, consistent with the interests of the State and the accused, and said judge may hold adjourned terms, or special jury terms of the regular terms of

FRIDAY, AuGUST 21, 1931.

1181

said court, for which he may draw new juries, or require the attendance of the same jurors, if in his discretion he sees fit to do so; Provided that said jurors especially drawn for a special term shall have at least ten days' notice of the same, and any and all civil and criminal cases may be tried at said special or adjourned term the same as any regular term of said court.
Sec. 2. Be it further enacted by the authority aforesaid, that the present term of the judge of the said city court shall expire on the 31st day of December, 1932, and that the judge of said court shall be elected for a full term of four years at the General Election to be held in November, 1931, and that thereafter the judge of said court shall be elected at the next preceding General Election immediately previous to the expiration of said four year terms, and Section Four of the said Act creating the said city court is so amended to give the foregoing provision effect.
Sec. 3. Be it further enacted by the aforesaid authority that all laws and parts of laws in conflict herewith 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 by substitute, the ayes were 39, the nays 0.
The bill by substitute having received the requisite constitutional majority was passed.
Senator Williams of the 27th District moved that the bill be immediately transmitted to the House, and the motion prevailed.

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 521. A bill to amend an Act to establish a City Court of Richmond County.

1182

JouRNAL OF THE SENATE,

The committee offered the following substitute:
A BILL
To be entitled an Act to amend an Act to establish a city court in the County of Richmond, to provide for the appointment of a Judge and Solicitor thereof, and to define their powers and duties. Approved September 22, 1881, and Acts amendatory thereof, so as to fix the compensation and salary of the Judge of said court and to put certain restrictions on the Judge and Solicitor of said court, relative to the practice of law, 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 after expiration of the term of the present Judge of the City Court of Richmond County that said Judge shall not practice law as an attorney or counsel at law, and the same provisions of the law of this State in regard to the practice of law for the Judges of the Superior Court shall also apply to the Judge of said City Court.
Sec. 2. Be it further enacted by the authority aforesaid, that from and after the expiration of the term of the present Solicitor of the City Court of Richmond County, said Solicitor shall not practice criminal law in any of the courts of this State, except in the discharge of the duties of the office of Solicitor of said court, or prosecuting and/ or assisting in the prosecution of cases in other courts.
Sec. 3. Be it further enacted that all laws and parts of laws in conflict to 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, by substitute, the ayes were 39, the nays 0.

FRIDAY, AuGusT 21, 1931.

1183

The bill by substitute having received the requisite constitutional majority was passed.
Senator Harris of the 18th District asked unanimous consent that the above bill be immediately transmitted to the House, and the consent was granted.

The following resolution of the Senate was read the first time and referred to the Committee on General Judiciary No.2:

By Senator McKenzie of the 48th District-
Senate Resolution No. 71. A resolution requesting the President of the Senate to appoint a committee to investigate the present Jury System in civil cases with a view to reducing the number of jurors in the interest of economy, and to report back to the Senate at the next session.

The following resolution was read and ordered to lie on the table one day:

By Senator McKenzie of the 48th District-
Senate Resolution No. 72. A resolution that the Secretary of State furnish to the Senate a list of all lobbyists who have complied with the laws concerning lobbyists.
The following invitation was read and accepted:

Forsyth, Ga.
August 13, 1931.
To Hrs ExcELLENCY RicHARD B. RussELL, JR., GovERNOR OF GEoRGIA, HoN. CECIL NEILL, PRESIDENT OF THE SENATE, ARLIE D. TucKER, SPEAKER oF THE HousE, MEMBERS OF THE STATE SENATE AND HousE oF REPRESENTATIVES OF THE STATE OF GEORGIA:
You are cordially invited to attend the first National Highway Beautification Meeting to be held in the State of

1184

JouRNAL oF THE SENATE,

Georgia at Brooklyn Villa, on the estate of Mrs. R. P. Brooks in Forsyth, Georgia, on the 3rd day of October, 1931, beginning at 10:00 o'clock, A. M. The occasion will be a notable one in that there are expected to be present Governor Russell, and Senators George and Harris and all of the Representatives in Congress from the State of Georgia. Among other distinguished guests will be Governor Franklin D. Roosevelt of New York and Georgia, Col. T. L. Kirkpatrick of Charlotte, North Carolina, National President of the United States Good Roads Association, Hon. Robert W. Chambers of Evansville, Indiana, Na-
tional President of United States 41, and Captain J. W.
Barnett, Chairman of the State Highway Board, all of whom will be prominent speakers of the day.
Mrs. Brooks will throw open the gates of her spacious estate and the doors of her beautiful home and lodge to the gathering. The day will be one of material feasting and pleasant fellowship to which will be added the inspiration of the presence and addresses of statesmen from Georgia and other States. The purpose of the meeting will be to promote and emphasize highway beautification which work has been lead in Georgia by Mrs. Brooks and, in recognition of her services in this and other patriotic and civic work, she has been declared one of Georgia's most outstanding and prominent women. Her usual zeal and ability will go into making the occasion an enjoyable one for all present and you are sure to be awarded a good time if you attend.
The citizens of Forsyth and Monroe County, together with the Beautification Committee of both the Atlanta Woman's Club, the Forsyth Woman's Club and the State Regent of the D. A. R. extend this cordial invitation.
THE CITY OF FORSYTH,
By J. E. PHINAZEE, Mayor.

FRIDAY, AucusT 21, 1931.

1185

The Senate took up for consideration the following bill of the House, continued from the afternoon session of the previous day:

By Mr. Culpepper of Fayette-

House Bill No. 147. A bill to make appropriations for the last half of the fiscal year 1931, and for the years 1932 and 1933.

The question was on the adoption of the report of the Conference Committee.

Senator Ennis of the 20th District called for the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Brock Clements Courson Dekle Ennis Hand

Knabb Lazenby Martin Moore Nelson

Nix Perkins Peterson Weekes West

Those voting in the negative were Senators:

Adkins Alexander Beck Cheatham Davis Denton Duckworth Evans Fowler Harris Horn

Jackson Johnson Jones Langford McKenzie McWhorter Neisler North Pratt Pruett Puett

Reagan Smith Stark Strickland Tippins Wallace Waters Watson Whitehurst Williams

The roll call was verified. The ayes were 16, the nays 32. The report of the Conference Committee was disagreed to.

1186

JouRNAL OF THE SENATE,

Senator Dekle of the 6th District moved that the President appoint a new Conference Committee immediately and that the House be requested to appoint another committee.
The motion prevailed, and the President appointed as a Conference Committee on the part of the Senate, the following Senators:
Senators Cheatham of the 26th District, Duckworth of the 7th District, Harris of the 18th District.
Senator McWhorter of the 50th District asked unammous consent that the following resolution of the House be withdrawn from the committee and recommitted to the Committee on Education, and the consent was granted:
By Mr. Cochran of Thomas-
House Resolution No. 100-634B. A resolution to revise the School Laws.
Senator Harris of the 18th District moved that the Senate adjourn until 3:30 o'clock this afternoon, and the motion prevailed.
The Chair announced that the Senate stood adjourned until 3:30 o'clock this afternoon.

SENATE CHAMBER, AucusT 21, 1931.
AFTERNOON SESSION.

The Senate was called to order by the President at 3:30 o'clock this afternoon.

The roll was called and the following Senators answered to their names:

Adkins Alexander

Beck Brock

Cheatham Clements

Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Hand Harris Horn Jackson Johnson Jones Knabb

FRIDAY, AucusT 21, 1931.

Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson Pratt Pruett Puett

Reagan Richardson Smith Stark Strickland Tippins
Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

1187

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bills of the House, to-wit:

By Messrs. Rosser of Walker, Mooty of Troup, and Huddleston of Meriwether-
Hause Bill No. 429. A bill proposing to the people of Georgia an amendment to the Constitution thereof, for ratification or rejection by them, by striking from Section 7 of Article 3, Paragraph 9, in its entirety. Said paragraph relating to the general appropriation bill, and inserting in lieu thereof a new paragraph providing for a State budget, and for other purposes.
Mr. President:
The House has agreed to the Senate amendment of the following bill of the House, to-wit:
By Mr. Thompson of Barrow-
House Bill No. 619. A bill to be entitled an Act to provide that County Superintendents of Schools may be a

1188

JouRNAL OF THE SENATE,

resident and reside in the county site of said county, in counties having certain populations by the United States Census, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate, on House Bill No. 147, the following members of the House, to-wit:
Messrs. Culpepper of Fayette, Rivers of Wheeler, Fagan of Peach.

The House has passed as amended by the requtst te constitutional majority the following resolution of the Senate, to-wit:

By Senator Neill of the 24th District-
Senate Resolution No. 8. A joint resolution proposing to the people of Georgia an amendment to the Constitution thereof, for ratification or rejection by them, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqmstte constitutional majority the following bill of the Senate, to-wit:

By Mr. Eckford of Fulton-
The House has receded from its Amendment No. 2, to the following bill of the Senate, to-wit:

FRIDAY, AucusT 21, 1931.

1189

By Senators McWhorter of the 50th District and Moore of the 47th District-
Senate Bill No. 33. A bill to be entitled an Act to amend the Constitution so as to authorize the General Assembly to classify intangible property and forest lands for taxation, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President: The House has agreed to the Senate amendments to
the following bills of the House, to-wit:

By Messrs. Hutcheson and Rosser of Walker, and others-
House Bill No. 146. A bill to be entitled an Act to amend an Act for the protection of birds, fish and game, to prescribe the lawful open season for hunting cat squirrels in certain mountain counties in Georgia, and for other purposes.
By Mr. Montgomery of Webster-
House Bill No. 368. A bill to be entitled an Act to amend the Acts relating to the acceptance, creating, maintenance, and governing of the Confederate Soldiers' Home of Georgia, and for other purposes.
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
By Mr. Howard of Long-
House Bill No. 627. A bill to be entitled an Act to amend an Act to establish the City Court of Ludowici, and for other purposes.

1190

JOURNAL OF THE SENATE,

By Messrs. Myrick, Grayson, and Alexander of Chatham-
House Bill No. 582. A bill to be entitled an Act to amend an Act incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.

By Messrs. Lester, Lanier, and Cartledge of Richmond. and others-
House Bill No. 592. A bill to be entitled an Act to create the Savannah River Commission, and for other purposes.

By Messrs. Crawford and Lanham of Floyd-
House Bill No. 563. A bill to be entitled an Act to amend an Act creating a new charter for the City of Rome, and for other purposes.

The House has agreed to the Senate amendments and substitutes to the following bills of the House, to-wit:

By Messrs. Cartledge, Lanier, and Lester of Richmond-
House Bill No. 450. A bill to be entitled an Act to abolish Justice Courts and the office of Justice of the Peace and Notary Public of Richmond County, and for other purposes.

By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 521. A bill to be entitled an Act to amend an Act to establish the City Court of Richmond County, and for other purposes.

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

Mr. President:
The House has passed as amended by the requisite constitutional majority the following bill of the Senate, to-wit:

FRIDAY, AuGusT 21, 1931.

1191

By Senator McWhorter of the 50th District-
Senate Bill No. 61. A bill to be entitled an Act to regulate the operation of trains by separate and independent railroads, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment as amended to the following bill of the House, to-wit:
By Messrs. Lanier, Lester, and Cartledge of Richmond-
House Bill No. 278. A bill to be entitled an Act to direct the Commissioner of Vehicles of Georgia to enter into agreement with adjoining States providing reciprocity of motor vehicle operators, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:

By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to be entitled an Act to amend an Act regulating the practice of the occupation of a barber, and for other purposes.
The House has respectfully requested a Committee of Conference on the part of the Senate to confer with a like committee on the part of the House, on said House Bill No. 155.

1192

JouRNAL oF THE SENATE,

The Speaker has appointed as a Committee of Conference on the part of the House, on House Bill No. 155, the following members of the House, to-wit:
Messrs. Cannon of Rockdale,
Leathers of DeKalb,
Cochran of Thomas.

Senator Puett of the 40th District, Chairman of the Committee on Engrossing, submitted the following report:

Mr. President:
Your Committee on Engrossing has read and approved the following Senate resolution and reports the same back as being ready for transmission to the House:
Senate Resolution No. 50.
Respectfully submitted,
PuETT, Chairman.

Senator Reagan of the 35th 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 Resolution No. 91-593C.
House Resolution No. 89-593A.
House Resolution No. 104-638A.
House Resolution No. 93-593E.

FRIDAY, AuGusT 21, 1931.

1193

House Resolution No. 90-593B. House Resolution No. 87-576A. House Resolution No. 92-593D. House Resolution No. 113-642A.
Respectfully submitted, REAGAN, Chairman.

The following bill of the House was read the first time and referred to the Committee on Amendments to Constitution:

By Mr. Rosser of Walker-
House Bill No. 429. A bill to amend the Constitution to provide for a State budget.
By unanimous consent, House Resolution No. 63-448A, a resolution authorizing the reimbursement of the Reorganization Committee, was ordered immediately transmitted to the House.
Senator Harris of the 18th District asked unanimous consent that House Resolution No. 110, a resolution to authorize the appointment of a committee from the General Assembly to investigate the merits of the several A. & M. Schools, be immediately transmitted to the House, and the consent was granted.

The following privileged resolution was read and adopted:

By Senator Duckworth of the 7th DistrictA resolution extending the privileges of the floor to the
Hon. J. B. Wight of Cairo.

The following resolutions of the House, favorably reported by the committees, were read the second time:

1194

JouRNAL oF THE SENATE,

By Mr. Carlisle of Bibb-
House Resolution No. 87-576A. A resolution to relieve Miss Kate S. Rodgers from bond forfeiture.

By Mr. Carlisle of Bibb-
House Resolution No. 89-593A. A resolution to relieve W. E. Hamlin as surety.

By Mr. Carlisle of Bibb-
House Resolution No. 90-593B. A resolution to relieve C. A. Odom as surety.

By l\Ir. Carlisle of Bibb-
House Resolution No. 91-593C. A resolution to relieve D. Jones as surety.

By ~Ir. Carlisle of Bibb-
House Resolution No. 92-593D. A resolution to relieve Charles Davison as surety.

By Mr. Carlisle of Bibb-
House Resolution ~o. 9:~-593. D. I. Lee as surety.

A resolution to relieve

By Mr. Carlisle of Bibb-
House Resolution No. 1Q.J-G38A. A resolution to relieve F. B. Lane as surety.

The following resolution of the House was read the first time and referred to the Committee on Special Judiciary:

By Mr. Osteen of Bryan-
House Resolution No. 113-642A. A resolution to relieve J. M. Griner as surety.

FRIDAY, AuousT 21, 1931.

1195

The following resolution of the House, favorably reported by the committee, was read the second time:

By Mr. Cochran of Thomas and others-
House Resolution No. 100-634B. A resolution providing for the appointment of a committee to re-write the School Code.

The following resolution of the House was read the third time and put upon its passage:

By Mr. Mooty of Troup and others-

House Resolution No. 63-448A. A resolution authorizing reimbursement of the Reorganization Committee.

The report of the committee, which was favorable to the passage of the resolution, was agreed to.
The resolution proposing to make an appropriation, the roll was called, and the vote was as follows:

Those voting in the affirmative were Senators:

Alexander Beck Brock Cheatham Clements Courson Davis Denton Duckworth Ennis Evans Fowler

Horn Jackson Johnson Jones Langford Lazenby McKenzie McWhorter Martin Moore Nelson Nix

North Perkins Pruett Puett Richardson Stark Strickland Tippins Waters Watson Whitehurst Williams

Voting in the negative was Senator:

Hand

On the passage of the resolution, the ayes were 36, the nays 1.

1196

JouRNAL oF THE Sr.NATE,

The resolution having received the requisite constitutional majority was passed. -

The following resolution of the House was read the third time and put upon its passage:

By Messrs. James of Jones, Bland of Stewart, Mardre of Thomas, and Johnston of Cherokee-
House Resolution No. 110. A resolution authorizing a committee to investigate the several A. & M. Schools.
Senators Harris of the 18th District and Stark of the 43rd District offered the following Substitute:
Be it resolved, by the Senate, the House concurring, that the President of the Senate is hereby authorized to appoint three outstanding Georgians, and the Speaker of the House is authorized to appoint five outstanding Georgians to serve on a committee to make a survey of the University of Georgia and its branches and recommend to the next General Assembly which branches of the University shall be retained by the State taking into consideration the location of the branches geographically so as to best serve the people of Georgia, and to eliminate useless duplication, and to provide a system of higher education designed to give to the State of Georgia a real University system with the least possible cost to the State.
Be it further resolved, that the members of the said Committee not be members of the General Assembly, and that outstanding citizens of this State be appointed who are willing to serve without compensation.
Be it further resolved, that said committee shall have authority to compel the attendance of witnesses to testify under oath, and to issue subpoenas duces tecum for the production of records and documents, and to examine the records of each of the branches of the University.

FRIDAY, AUGUST 21, 1931.

1197

Be it further resolved, that said committee shall make its recommendation to the next session of the General Assembly.
The report of the committee, which was favorable to the passage of the resolution by substitute, was agreed to.
The resolution by substitute having received the requisite constitutional majority was passed.

The following bill of the House was read the third time and put upon its passage:
By Messrs. Ross of Appling, Stanton of Ware, and others-
House Bill No. 1. A bill to create a Text Book Commission, and for other purposes.
Senator Smith of the 30th District offered the following amendment:
By adding the following Proviso at the end of Section 18: "Provided, that this Act shall not apply to the City Schools of Elberton unless and until adopted and made effective by the Board of Education of said City of Elberton."
The amendment was lost.
Senators Strickland of the 1st District, Langford of the 22nd District, and Knabb of the 4th District, offered the following amendment:
By adding the following Proviso at the end of Section 18, to-wit:
"Provided further that this Act shall not apply to the following independent school systems which were in existence and in operation at the time of the adoption of the present Constitution and which are referred to in Paragraph 1, of Section 5, of Article VIII, thereof, to-wit:

1198

JouRNAL or THE SENATE,

The systems existing in Bibb, Chatham, and Glynn Counties, unless and until adopted and made effective by the Boards of Education thereof respective!y."

The amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

Senators Bennett of the 5th District, McWhorter of the 50th District, Clements of the 45th District, Harris of the 18th District, Ennis of the 20th District, and Davis of the 31st District submitted the following minority report:

We, the undersigned members of the Committee on Education, beg to file this a minority report on House Bill No. 1, and recommend that the same do not pass.

Respectfully submitted,

BENNETT of the 5th District, McWHoRTER of the 50th District, CLEMENTS of the 45th District, HARRIS of the 18th District, ENNIS of the 20th District, DAVIS of the 31st District.

On the passage of the bill, the ayes and nays were called for, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Alexander Beck Brock Cheatham Clements Courson Dekle Denton Duckworth Ennis

Evans Fowler Hand Jackson Johnson Knabb Langford Lazenby McKenzie Martin

Moore Neisler Nelson Nix North Perkins Peterson Puett Richardson Smith

FRIDAY, AuGusT 21, 1931.

1199

Stark Strickland Tippins

Waters Watson Weekes

West Whitehurst Williams

Those voting Ill the negative were Senators:

Davis Horn

McWhorter

Pruett

The ayes were 39, the nays 4.

The bill having received the requisite constitutional majority was passed.

The Senate took up the following bill for the purpose of agreeing to the following House substitute as amended by House Amendments Nos. 1 and 2:

By Senator Beck of the 37th District-
Senate Bill No. 52. A bill to amend the Constitution to provide for the assumption by the State of indebtedness incurred in building roads and highways by certain counties and Coastal Highway Districts.

The House substitute, and House Amendments Nos. 1 and 2 to the substitute, follow:
House Committee Substitute to Senate Bill No. 52.

A BILL
To be entitled an Act to submit to the qualified voters of Georgia an amendment to Paragraph One, Section Eight of Article Seven of the Constitution of Georgia, by providing for the assumption by the State of Georgia of the indebtedness due the several counties of the State and the Coastal Highway District heretofore incurred for the construction and/or paving of the public roads or highways of the State which have become a part of the State Aid Roads of the Highway System of Georgia, to define said indebtedness; to provide for the

1200

JouRNAL OF THE SENATE,

method of payment of the said indebtedness; to authorize the General Assembly to enact laws to render effectual the foregoing provisions; 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 of Section Eight of Article Seven of the Constitution of this State is hereby amended by adding at the end of said paragraph the following: "Provided, however, that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said District, heretofore incurred for the construction and/or paving of the public roads or highways (including bridges) of the State; as contemplated and defined by Article Six, Section One of the Act approved August 18, 1919, as said section appears on page 252 of the Georgia Laws of 1919, which were a part of the State Aid Roads of the highway system of Georgia, and said work was done under the supervision of the Highway Department_ is hereby assumed by the State of Georgia as an indebtedness of the State. The word 'indebtedness' as used herein shall include the actual cost of the construction and/or paving by any county of the State as well as any highway District created by law of any public road or highway (also bridges) expended under the supervision of the State Highway Department. And provided further that the indebtedness of the aforesaid political subdivisions of this State shall be evidenced by the certificates of indebtedness issued, or to be issued, by the State Highway Department of Georgia for the cost of the construction and/or paving by any county of the State as well as any highway district created by law, of any public road or highway (also bridges); and provided further that such construction and/or paving was done or contract or agreement made for same to be done prior to September 1, 1931. And provided further that said indebtedness as evidenced by said certificates of indebtedness of the Highway Depart-

FRIDAY, AucusT 21, 1931.

1201

ment shall be paid without interest thereon solely out of the revenues and/or taxes levied, assessed and allocated to the State Highway Department of Georgia or to any department which by law may be made the successor of the Highway Department for the public roads and highways of the State Aid system of roads and highways, and such payment to be made at the rate of not less than ten percent per annum of the total of such outstanding indebtedness, and such payment to begin March 25, 1936, and to continue annuallv thereafter until all of such outstanding indebtedness shall have been paid. The General Assembly of the State of Georgia is hereby vested with authority to enact laws for the purpose of effectually carrying out the foregoing provisions," so that when said paragraph of said section of said article shall have been amended it will read as follows:

Paragraph 1. The State shall not assume the debt, nor any part thereof of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of war; provided, however, that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said district, heretofore incurred for the construction and/or paving of the public roads or highways (including bridges) of the State as contemplated and defined by Article Six, Section One, of the Act approved August 18, 1919, as said section appears on page 252 of the Georgia Laws of 1919, which were a part of the State Aid roads of the Highway System of Georgia, and said work was done under the supervision of the Highway Department, is hereby assumed by the State of Georgia as an indebtedness of the State. The word 'indebtedness' as used herein shall include the actual cost of the construction and/or paving by any county of the State as well as any highway district created by law of any public road or highway (also bridges) ex-

1202

JouRNAL OF THE SENATE,

pended under the supervision of the State Highway Department. And provided further that the indebtedness of the aforesaid political subdivisions of this State shall be evidenced by certificates of indebtedness issued, or to be issued by the State Highway Department of Georgia for the cost of the construction and/or paving by any county of the State as well as any highway district created by law, of any public road or highway (also bridges); and provided further that such construction andjor paving was done or contract or agreement made for same to be done prior to Septem her 1, 1931. And provided further that said indebtedness as evidenced by said certificates of indebtedness of the Highway Department shall be paid without interest thereon solely out of the revenues and/or taxes levied, assessed and allocated to the State Highway Department of Georgia or to any department which by law may be the successor of the Highway Department for the public roads and highways of the State Aid system of roads and highways, and such payment to be made at the rate of not less than ten percent per annum of the total of such outstanding indebtedness, and such payment to begin, March 25, 1936, and to continue annually thereafter until all of such outstanding indebtedness shall have been paid. The General Assembly of the State of Georgia is hereby vested with authority to enact laws for the purpose of effectually carrying out the foregoing provisions.

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 directed to, cause the a hove 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 the holding of the next general

FRIDAY, AuGusT 21, 1931.

1203

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 the 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 said proposed amendment shall have written or printed on their ballots "For Amendment to Paragraph One, Section Eight of Article Seven of the Constitution providing for assumption by the State of Georgia of the indebtedness incurred by and due counties and the Coastal Highway District for the construction and/or paving of public roads or highways of the State which have become a part of the State Aid Roads of the Highway System of Georgia." All persons voting at such election against the adoption of said proposed amendment shall have written or printed on their ballots the words "Against amendment to Paragraph One, Section Eight of Article Seven of the Constitution providing for the assumption by the State of Georgia of the indebtedness incurred by and due counties and the Coastal Highway District for the construction and/or paving of the public roads or highways of the State which have become a part of the State Aid roads of the Highway System of Georgia." If a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for ratification, the Governor shall, when he ascertains the same from the Secretary of State, to whom the returns from said election shall be referred in the same manner as in cases of election for members of the General Assembly to count and ascertain the result, issue his proclamation for one insertion in one daily paper of this State, announcing such result and declaring the amendment ratified.

The substitute was adopted.

House Amendment No. 1 to substitute above follows:

1204

JouRNAL oF THE SENATE,

Amend said House Committee Substitute to Senate Bill No. 52, by striking from Section 1 thereof as well as from Paragraph 1 of said Section 1 the following words: "Provided, however, that all indebtedness of the several counties of this State as well as that of the Coastal Highway District and the assessments made against the counties of said district," and inserting in lieu thereof the following words: "Provided, however, that all indebtedness contracted by and through the State Highway Department for and on behalf of the State of Georgia and due to the several counties of this State as well as to the Coastal Highway District."
The amendment was adopted.
House Amendment No. 2 to substitute above follows:
By adding after the words "foregoing provisions" in the line of Section 1 on page 2 of the printed bill the following: "and the provisions of existing laws with reference to the preferential construction by the Highway Department of highways from county site to county site." 2nd: By adding after the words "foregoing provisions" in the line of Paragraph 1 of Section 1 on page 3 of the printed bill the following: "and the provisions of existing laws with reference to the preferential construction by the Highway Department of highways from county site to county site."
The amendment was adopted.
The Senate insisted on its amendments to the following bill of the House:

By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to amend an Act to regulate the occupation of barber.
The President appointed as a Conference Committee on the above bill, viz., House Bill No. 155, Senators Weekes of the 34th District, Strickland of the 1st District; and Hand of the 8th District.

FRIDAY, AuGusT 21, 1931.

1205

The Senate agreed to the House amendment to the following bill of the Senate:

By Senator McWhorter of the 50th District-
Senate Bill No. 61. A bill to regulate the operation of trains.
By unanimous consent, the Senate adjourned.
The Chair announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning.

1206

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
SATURDAY, AuousT 22, 1931.
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 call of the roll was dispensed with.
The Committee on Journals reported through its Chairman, Senator Pratt of the 41st District, that the Journal of yesterday's proceedings had been examined and found correct.
By unanimous consent, the reading of the Journal was dispensed with and the Journal was confirmed.
The following privileged resolutions were read and adopted:
By Senator Evans of the 19th DistrictA resolution extending the privileges of the floor to the
Hon. L. P. Beck, son of the Senator from the 37th District.
By Senator Weekes of the 34th District-
A resolution extending the privileges of the floor to the Hon. Randolph Fort, editor of the Milledgeville Times.
By Senator Brock of the 44th DistrictA resolution extending the privileges of the floor to the
Hon. \V. W. Cureton, former member of the House of Representatives from Dade County and former Senator from the 44th District.

SATURDAY, AuGusT 22, 1931.

1207

The following resolution of the House, favorably reported by the committee, was read the second time:

By Mr. Osteen of BryanHouse Resolution No. 113-642A. A resolution to relieve
J. M. Griner as surety.

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

Mr. President:
The House has passed by the reqmstte constitutional majority the following resolutions of the Senate, to-wit:

By Senator McWhorter of the 50th District and others-
Senate Resolution No. 59. A resolution permitting the Military Department to supplement its appropriation with the unexpended balance of the appropriation for riot duty, and for other purposes.

By Senator Harris of the 18th District-
Senate Resolution No. 60. A resolution proposing an amendment to the Constitution to authorize the abolishing of Justice Courts in Richmond County.

Senator Watson of the 3rd District, Chairman of the Committee on General Judiciary Number 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary N urnher 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:

1208

JouRNAL OF THE SENATE,

Senate Resolution No. 71. Providing for the appointment of a committee to investigate cost of operating superior and other courts.
Respectfully submitted,
WATSON, Chairman.

Senator Moore of the 47th 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 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. 429. Proposing amendment to Constitution by striking Paragraph 9, Section 7, Article 3 and inserting in lieu thereof a new paragraph providing for State budget, etc., and for other purposes.
Respectfully submitted,
MooRE, Chairman.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President: The House has passed by the reqms1te constitutional
majority the following bills of the Senate, to-wit:
By Senator West of the 11th DistrictSenate Bill No. 135. A bill to be entitled an Act to
abolish the fee system now existing in the Superior Courts of the Pataula Judicial Circuit, as applied to the office of Solicitor-General, and for other purposes.

SATURDAY, AUGUST 22, 1931.

1209

By Senator Dekle of the 6th District-
Senate Bill No. 8. A bill to be entitled an Act to amend the Constitution of the State of Georgia, which relates to the number of Senators, Senatorial Districts, etc., and for other purposes.

By Senator Courson of the 16th District-
Senate Bill No. 147. A bill to be entitled an Act to provide for the use of wooden and wire fish baskets m certain counties in this State, and for other purposes.

By Senator Weekes of the 34th District-
Senate Bill No. 124. A bill to be entitled an Act to amend an Act to allow counties having certain populations to permit their tax assessors to meet at certain times, and for other purposes.

By Senator Martin of the 2nd District-
Senate Bill No. 58. A bill to be entitled an Act to amend the Constitution of the State of Georgia so as to authorize the consolidation of local school districts in which one or more bond issues may be outstanding, and for other purposes.

By Senator Martin of the 2nd District-
Senate Bill No. 59. A bill to be entitled an Act to amend the Constitution of the State of Georgia, so as to authorize the County Board of Education, etc., to contract with each other for the education and transportation of children, and for other purposes.

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

1210

JouRNAL OF THE SENATE,

By Mr. Clements of TelfairHause Bill No. 631. A bill to provide for a new charter
for the City of Milan.
The report 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By. Mr. Lewis of HancockHouse Bill No. 639. A bill to amend the charter of the
City of Sparta.
The report 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, the nays 0.
The bill having received the requisit~ constitutional majority was passed.

By Mr. Mallard of CharltonHouse Bill No. 640. A bill to amend the charter for the
City of Folkston.
.The report 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, the nays 0. The bill having received the requisite constitutional majority was passed.

By Mr. Nelson of Laurens-
House Bill No. 641. A bill amending the charter of the City of Dublin.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

SATURDAY, AuGUST 22, 1931.

1211

On the passage of the bill, the ayes were 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Elliott of Henry-
House Bill No. 617. A bill to provide for the use of wire baskets in the waters of Henry County.
Senator Reagan of the 35th District moved to amend Section 1 by adding the following provision, to-wit: "Further provided that seining in the streams of Henry County, during the months of July and August by citizens of said county, shall likewise be permissible and lawful."
The amendment was adopted.
Senator Williams of the 27th District moved to amend by adding after the words Henry County the words Walton County.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 41, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.
Senator Reagan of the 35th District asked unanimous consent that the above bill, viz., House Bill No. 617, be immediately transmitted to the House, and the consent was granted.
Senator Harris of the 18th District moved that the Senate go into executive session to consider a sealed communication from His Excellency, the Governor, and the motion prevailed.

1212

JouRNAL OF THE SENATE,

The Senate went into executive session at 10:30 o'clock,
A.M.

The Secretary of the Senate transmitted the following communication to His Excellency, Governor Richard B. Russell, Jr.:

Aug. 22, 1931.
Hrs ExcELLENCY, RrcHARD B. RusSELL, JR., Governor,
Executive Department, Atlanta; Georgia.
Sir:
I am directed by the Senate of Georgia to inform Your Excellency that it has this day confirmed the following nominations by you:
Han. R. E. Gormley, of the County of Randolph, to be Superintendent of Banks, for a term beginning January 1, 1932, and ending December 31, 1935.
Han. Paul H. Doyal, of the County of Floyd, to be State Tax Commissioner, for a term beginning August 24, 1931, and ending August 14, 1937.
Han. W. F. Slater, of the County of Bryan, to be Indus. trial Commissioner, for a term beginning October 1, 1932, and ending September 30, 1936.
Han. S. D. Truitt, of the County of Hancock, to be a member of the State Board of Education, for a term beginning September 5, 1931, and ending September 4, 1935.
Han. L. A. Whipple, of the County of Bleckley, as a member of the State Board of Education, for a term beginning September 5, 1931, and ending September 4, 1935.
Han. Fred D. Neel, of the County of Bartow, to be Solicitor of the City Court of Cartersville, for a term beginning January 1, 1933, and ending December 31, 1936.

SATURDAY, AucusT 22, 1931.

1213

Han. Henry C. Tuck, of the County of Clarke, to be Judge of the City Court of Athens, for a term beginning September 12, 1931, and ending September 11, 1935.
Han. Carlisle Cobb, of the County of Clarke, to be Solicitor of the City Court of Athens, for a term beginning September 12, 1931, and ending September 11, 1935.
Han. S. L. Drawdy, of the County of Clinch, to be Solicitor of the County Court of Clinch County, for a term beginning October 28, 1931, and ending October 27, 1933.
Hon. Raymonde Stapleton, of the County of Elbert, to be Judge of the City Court of Elberton, for a term beginning December 24, 1932, and ending December 23, 1936.
Hon. Paul Brown, of the County of'Elbert, to be Solicitor of the City Court of Elberton, for a term beginning December 24, 1932, and ending December 23, 1936.
Han. Eustace C. Butts, of the County of Glynn, to be Judge of the City Court of Brunswick, for a term beginning January 1, 1932, and ending December 31, 1935.
Han. Howard C. Leavy, of the County of Glynn, to be Solicitor of the City Court of Brunswick, for a term beginning January 1, 1932, and ending Decem her 31, 1935.
Han. W. M. Wright, of the County of Clayton, to be Judge of the City Court of Jonesboro, for a term beginning January 1, 1932, and ending December 31, 1933.
Hon. W. H. Reynolds, of the County of Clayton, to be Solicitor of the City Court of Jonesboro, for a term beginning January 1, 1932, and ending December 31, 1933.
Hon. R. M. Penland, of the County of Lanier, to be Solicitor of the County Court of Lanier County, for a term beginning August 24, 1931, and ending August 15, 1933.
Respectfully,
JoHN T. BoiFEUILLET,
Secretary of the Senate.

1214

JouRNAL oF THE SENATE,

The Senate was called to order at 10:45 o'clock, A. M.

The following resolutions of the House were read the third time and put upon their passage:
By Mr. Carlisle of Bibb-
House Resolution No. 87-576A. To relieve Miss Kate S. Rodgers as surety.
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 41, the nays 0.
The resolution having received the requisite constitutional majority was passed.
By Mr. Carlisle of Bibb-
House Resolution No. 89-593A. A resolution to relieve W. E. Hamlin as surety.
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 39, the nays 0.
The resolution having received the requisite constitutional majority was passed.
By Mr. Carlisle of Bibb-
House Resolution No. 90-593B. A resolution to relieve C. A. Odom as surety.
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 35, the nays 0.

SATuRDAY, AuGusT 22, 1931.

1215

The resolution having received the requisite constitutional majority was passed.

By Mr. Carlisle of Bibb-
House Resolution No. 91-593C. A resolution to relieve D. Jones as surety.
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 41, the nays 0.
The resolution having received the requisite constitutional majority was passed.

By Mr. Carlisle of Bibb-
House Resolution No. 92-593D. A resolution to relieve Charles Davison as surety.
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 Mr. Carlisle of Bibb-
House Resolution No. 93-593. A resolutiol) to relieve D. I. Lee as surety.
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 41, the nays 0.
The resolution having received the requisite constitutional majority was passed.

1216

JouRNAL OF THE SENATE,

By Mr. Lindsay of DeKalb-
House Resolution No. 94-593F. A resolution authorizing the Military Department to investigate the claims of Roosevelt Henly.
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 Mr. Cochran of Thomas and othersHouse Resolution No. 100-634B. A resolution providing
for a committee to re-write the School Code 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, the nays 0.
The resolution having received the requisite constitutional majority was passed.

By Mr. Carlisle of Bibb-
House Resolution No. 104-638A. A resolution to relieve F. B. Lane as surety.
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 35, the nays 0.
The resolution having received the requisite constitutional majority was passed.

The following bill of the House was read the third time and put upon its passage:

SATCRDAY, AuccsT 22, 1931.

1217

By Mr. Freeman of Monroe-
House Bill No. S37. :\ bill to change the name of the School of l\Iechanic Arts at Forsyth to State Teachers and :\gricul tural College for Negroes.
The report 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.
Senator \Yilliams of the 27th District moved that the Senate reconsider its action in agreeing to the report of the committee and in passing the above bill, viz., House Bill No. S37, and the motion prevailed, and the bill was again taken up for passage.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 20, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following resolution of the House was read the third time and put upon its passage:

By Mr. Osteen of Bryan-
House Resolution No. 113-Gt2A. ~-\resolution tore-
lieve J. l\1. Griner as surety.
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 38, the nays 0.
The resolution having received the requisite constitutional majority was passed.

1218

JouRNAL oF THE SENATE,

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

By Mr. Bennett of Bacon-
House Bill No. 522. A bill to vest in tax collectors of certain counties the powers and duties of sheriffs.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

By 1\Ir. Bennett of Jeff Davis-
House Bill No. 523. A bill to vest in tax collectors of certain counties the powers of sheriffs.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, the nays 0.
The bill having received the requisite cons ti tutional majority was passed.

By ::\lr. Bush of Miller-
House Bill No. 5;12. A bill to repeal Section G95 of Volume 1 of the Code of Georgia, enumerating the persons subject to 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 39, the nays 0.
The bill having received the requisite constitutional majority was passed.

SATURDAY, AUGUST 22, 1931.

1219

By Messrs. Lindsay, Leathers, and Beaman of DeKalb-
House Bill No. 5G1. A bill to create a State :\Iemorial and ~Ionument Commission.
The report 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.

By Mr. Lindsay of DeK;;db-
House Bill No. :J77. A. bill to amend the Code by providing for residence of County School Superintendent.
The report 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.

By Mr. Scarbrough of Polk-
House Bill ~o. GH. :-\ bill to provide for the residence of County School Superintendent 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, the nays 0.
The bill having received the requisite constitutional majority was passed.

By Mr. Musgrove of Clinch-
House Bill No. G22. A bill to require certain county officers in certain counties to make monthly financial reports.

1220

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 41, the nays 0.
The bill having received the requisite constitutional majority was passed.

The following bills of the House were read the third time and put upon their pas3age:

By ~Ir. \Yhittle of Upson-
House Bill No. 131. A bill to amend an Act regulating Banking.

The 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 roll was called.

The vote was as follows:

Those voting in the affirmative were Senators:

Adkins Alexander Bed: Brock Cleme'lt c; Denton Duclnvorth Ennis Evans

Harris Jackson Knabb Langford Lazenby McKenzie
~IcWhorter
Martin Nelson

North Peterson Pruett Puett Tippins Waters Watson Whitell urst

Those voting in the negative were Senators:

Davis Hand Horn MoJre

Neisler Nix Pratt Stark

Strickland Wallace Weekes West

The ayes were 2li, the nays 12.
The bill having received the requisite constitutional majority was passed.

SATURDAY, AUGUST 22, 1931.

1221

By unanimous consent, the above bill, viz., House Bill :\'o. 431, was ordered immediately transmitted to the House.

The following bill of the House was read the third time and put upon its passage:

By :\Ir. <-\clams of Towns-
House Bill ~o. 558. A bill to impose charges on operators of motor vehicles, and for other purposes.
The committee moved to amend by adding at the end to be known as Section 10, the following:
"Section 10. The said Act is further amended by adding after Subsection (E) of Section 2 thereof a subsection to be known as Subsection (F) of Section 2 as follows:
"(F) Any motor carrier may, in lieu of the rates hereinbefore provided, pay the tax on the following basis and at the following rates, depending upon whether it be classed as a carrier of goods or a carrier of passeng~rs.
" T pnn each passenger-carrying vehicle a tax of 1/10
cent per mile for each mile of travel in this State for each
vehicle of a capacity of seven passengers or less; /:2' cent per
mile for each vehicle of a capacity of more than seven but not more than ten passengers; -'~ cent per mile for each vehicle of a capacity of more than ten but not more than nventy passengers; 1 cent per mile for each vehicle or a capacity of more than twenty passengers.'
" 'C pon each vehicle for the carriage of goods a trailer being classed as a vehicle and provided that a semi-trailer, which is a two-wheeled vehicle joined to and drawn by a tractor, together with the tractor, be considered as one
motor vehicle a tax of X cent per mile for each mile of
travel in this State, where the combined weight load and vehicle is less than four thousand pounds; 3/8 cent per mile where the combined weight of load and vehicle is four thousand pounds or more but less than six thousand

1222

JouRNAL OF THE SENATE,

pounds; 7f cent per mile where the combined weight of
load and vehicle is six thousand pounds or more, but less
than ten thousand pounds; ;Yt cent per mile where the
combined weight of load and vehicle is ten thousand pounds or more but less than twenty thousand pounds; 11 ~ cents per mile where the combined weight of load and vehicle is twenty thousand pounds or more.' "
"Provided, nevertheless, that nothing herein shall be so construed as to authorize any person to operate a vehicle upon the highways of this State where the weight of the vehicle or of the load exceeds that prescribed by the laws of this State regulating such matters."
The amendment was adopted.
The committee moved to amend by adding in the title of the bill after the word, "amend" in the first line of the title, the words "and reenact as amended."
The amendment was adopted.
The committee moved to amend by striking Section 8 and substituting the following:
"Section 8. The provisions of this Act shall not be construed as imposing any additional tax on those carriers who have paid the taxes imposed under the original provisions of the Act approved ~larch 31, 1931, taxing motor vehicles, until the period for which such tax shall have been paid shall expire, and provided further, if any motor carrier, who shall at the date of the approval of this Act be litigating the validity of the tax imposed under said Act of March 31, 19:H, taxing motor vehicles, or who shall not have paid said tax as provided therein, shall before October 1, 19:31, withdraw such litigation and qualify and pay the tax under the original provisions of said Motor Carriers Taxing Act of March 31, 1931, then as to the period for which such carrier shall so have paid, he shall likewise be excepted from paying any additional tax under the provisions of this Act as hereby amended.''

SATURDAY, AecusT 22, 1931.

1223

The amendment was adopted.
The committee moved to amend by striking Section 7 and inserting in lieu thereof the following:
"Section 7. Paragraph (L) of Section 2 of said Act approved :\!larch 31, 1931, is hereby repealed and the following paragraph is hereby inserted in lieu thereof:
"(L) When a vehicle is engaged in the carriage of both passengers and goods (other than ordinary baggage of passengers and United States mail) it shall be classed as a passenger vehicle or as a vehicle carrying goods, according to which carries the higher rate, provided, nevertheless, that passenger vehicles may carry not exceeding 500 pounds of goods in weight (other than baggage or mail) without being classified as a carrier of goods, and provided further that none of the provisions of this Act shall apply to R. F. D. carriers or star-route carriers engaged in carrying the United States mail and who are permitted to carry passengers, not exceeding five; provided, further, that none of the provisions of this Act shall apply to carriers operating under franchise of the United States Government, and under the regulations and supervision of said United States Government and solely between any point in this State and a military reservation within this State of said Governn1ent."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 26, the nays 0.
The bill as amended having received the requisite constitutional majority was passed.

The following bill of the House was read the third time and put upon its passage:

1224

JOURNAL OF THE SEKATE,

By ~Ir. Lindsay of DeKalb-
House Bill ~o. 200. A bill to amend Section 117 oi the School Code.
The committee moved to amend by striking the sentence in said bill beginning on the Lith line of Secti:m 117 which reads as follows: "Provided that this Act shall not disqualify registered qualified voters residing in the limits oi a quasi independent school district from voting in an:; election for Superintendent of Schools of said county or county school superintendent," and by striking the follrH\ing sentence in said Section 117 beginning on the last line of the first page oi said bill which reads as follows: "Provided that this Act shall not disqualiiy registered qualified voters residing in the limits of a quasi independent school district from voting in any election for Superintendent of Schools of said county or county school superintendent."
The amendment was lost.
The report oi the committee, \vhich was Lworable to the passage oi the bill, was agreed to.
On the passage oi the bill, the ayes were 2fi, the 11a~'S 0.
The bill having received the requisite constitutirJnal majority was passed.

Pursuant to the authority vested in him under House Resolution No. 100-fi:31B, providing for the appointment of a committee to re-write the School Code of Georgia, the Chair appointed the follmving members of the Senate to serve on the joint committee provided for therein, to-wit:
Senators I\Ic\Yhorter of the 50th District,
Jackson of the 11th District.

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

SATuRDAY, AucusT 22, 1931.

122;)

"Wr. President:
The House insists upon its amendment to the following bill of the Senate and respectfully requests a Committee of Conference on the part of the Senate to confer with a like committee on the part of the House on said bill:

By Senators Dekle of the 6th District and Moore of the 47th District-
Senate Bill No. 31. A bill to be entitled an Act to amend the Code so as to allow the holder of any equity, lien or interest in or on property that has been assessed or returned with other property for taxes, to pay the taxes assessed against such property, and for other purposes.

The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on Senate Bill No. 31, the following members of the House, to-wit:
Messrs. Stone of Early,
Trapnell of Candler,
Carlisle of Bibb.

The House has passed by the reqms1te constitutional majority the following bill of the Senate, to-wit:
Senate Bill No. 156. A bill to be entitled an Act to repeal Section 695 of Volume 1 of the Code of Georgia of 1910, enumerating the persons subject to road duty in Georgia, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following resolution of the House, and has respect-

1226

JouRNAL OF THE SENATE,

fully requested a Committee of Conference on the part of the Senate to confer with a like committee on the part of the House, on said resolution.

By Messrs. Bland of Stewart, James of Jones, and others-
House Resolution No. 110. A resolution providing for the appointment of a committee to investigate the A. & 1\L Schools of the State, and for other purposes.

The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate, the following members of the House, to-wit:
Messrs. James of Jones,
Bland of Stewart,
Mardre of Thomas.

Senator Duckworth of the 7th District moved that the Senate insist on its substitute to the following bill of the House, and the motion prevailed.
House Bill No. 511. A bill to amend an Act to provide a new charter for the City of\Vaycross.

Senate Resolution No. 8. A resolution to amend the Constitution as to the time of meeting of the General Assembly was taken up for the purpose of agreeing to the House amendment as follows:
By substituting second :Monday in January for first Monday in January wherever it appears in the caption of the resolution, and in the body of the resolution.
Senator Neill of the 24th District moved that the Senate agree to the House amendment, and the motion prevailed.
Senator Dekle of the Gth District asked unanimous consent that the President appoint a committee of three on

SATURDAY, AucusT 22, 1931.

1227

the part of the Senate to confer with a like committee from the House on Senate Bill No. 31, a bill to allow the holder of an equity, lien or interest in property that has been assessed for taxes with other property, to pay taxes, and for other purposes.

The consent was granted, and the President appointed the following committee on the part of the Senate:
Senators Evans of the 19th District, Watson of the 3rd District, McWhorter of the 50th District.
Senator Harris of the 18th District asked unanimous consent that the President appoint a committee of three on the part of the Senate to confer with a like committee from the House on House Resolution No. 110, a resolution providing for the appointment of a committee to investigate the A. and M. Schools, and the consent was granted.
The President appointed on the part of the Senate the following committee:
Senators Stark of the 43rd District, Pruett of the 32nd District, West of the 11th District.
Senator West of the 11th District asked unanimous consent that the Senate agree to the House amendment to the following bill of the House, and the consent was granted:

By Messrs. Lanier and Lester of Richmond-
House Bill No. 278. A bill to direct the Commissioner of Vehicles to make reciprocal agreements.
Senator Dekle of the 6th District asked that the Senate adjourn, and the motion prevailed.
The Chair announced that the Senate stood adjourned until3:00 o'clock this afternoon.

1228

JouRNAL oF THE SENATE,

SENATE CHAMBER,
AUGUST 22, 1931.

AFTERNOON SESSION.

The Senate was called to order at 3:00 o'clock this afternoon by the President.

The roll was called and the following Senators answered to their names:

Adkins Alexander Beck Brock Cheatham Clements Courson Davis Dell:le Denton Duckworth Ennis Evans Fowler Hand Harris Horn

Jackson Johnson Jones Knabb Langford Lazenby McKenzie McWhorter Martin Moore Neisler Nelson Nix North Perkins Peterson Pratt

Pruett Puett Reagan Richardson Smith Stark Strickland Tippins Wallace Waters Watson Weekes West Whitehurst Williams Mr. President

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

}vfr. President:

The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:

By Senator Strickland of the 1st District~
Senate Bill No. 66. A bill to be entitled an Act to amend an Act to amend the Georgia Motor Vehicle Law, and all Acts amendatory thereof, and for other purposes.

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

SATURDAY, AucusT 22, 1931.

1229

Mr. President:
The House has agreed to the Senate amendments to the following bill of the House, to-wit:

By Mr. Adams of Towns-
House Bill No. 558. A bill to be entitled an Act to impose charges on those who pursue the business of operating motor vehicles on the public highways of this State for the carrying of passengers or property or both, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the reqms1te constitutional majority the following bill of the Senate by substitute, to-wit:

By Senator Neisler of the 23rd District-
Senate Bill No. 160. A bill to be entitled an Act to amend Section 1256 of the Civil Code of 1910 relating to the security to be given by State Depositories, so as to authorize the deposit of validated counties and municipal bonds, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
lvfr. President:
The House has passed by the reqms1te constitutional majority the following bill of the Senate, to-wit:

By Senators West of the 11th District and McWhorter of the 50th District-
Senate Bill No. 96. A bill to be entitled an Act to pre-

1230

JouRNAL oF THE SENATE,

scribe conditions and regulations under which common carriers by motor are permitted to operate, and for other purposes.

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

Mr. President:
The Speaker has appointed as a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate to consider Senate Bill No. 92, a bill known as the "Congressional Reapportionment Bill," the following members of the House, to-wit:
Messrs. Thomas of Wayne,
Rosser of Walker,
Nelson of Laurens.

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

Mr. President:
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:

By Messrs. Lindsay and Leathers of DeKalb-
House Bill No. 155. A bill to be entitled an Act to regulate the practice of the occupation of a barber, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk, thereof:
Mr. President:
The House has adopted the report of the Committee of Conference on the following bill of the House, to-wit:

SATURDAY, AuGusT 22, 1931.

1231

By Messrs. Huddleston of Meriwether, Crowe of Worth, and Colson of Glynn-
House Bill No. 194. A bill to be entitled an Act to simplify the operations of the Executive Branch of the State Government, and for other purposes.

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

Mr. President:
The House has agreed to the Senate amendments to the following bill of the House, to-wit:

By Mr. Elliott of Henry-
House Bill No. G17. A bill to be entitled an Act to provide for the use of wire baskets in the waters of Henry County, and for other purposes.

The Conference Committee of the Senate and House on House Bill 1'\o. 19-!, a bill to simplify the operations of the Executive Branch of the State Government, submitted the following report:

To THE PRESIDENT OF THE SENATE,
To THE SPEAKER oF THE HousE:
Your committee appointed for the purpose of conferring on House Bill No. 194, and for the purpose of reconciling the differences existing between the Senate and the House, submit the following report:
The House recedes from its position on the following Senate amendments, to-wit: Nos. One, Three, Four, Eight, Ten, Eleven, Thirteen, Fourteen, Fifteen, Sixteen, Twenty, Twenty-three, Twenty-four, Twenty-five, Twentyseven, Thirty-four, Thirty-five, Thirty-seven, Thirty-eight, Forty, and Forty-two.

The Senate recedes from its position on the following Senate amendments, to-wit: Nos. Two, Nine, Twelve, Seventeen, Eighteen, Twenty-one, Twenty-two, Twentynine, Thirty-one, Thirty-three, and Forty-one.
Amendment No. 5: The committee recommends that this amendment be stricken in its entirety, and the following substituted in lieu thereof:
"However, the Director may appoint not less than five nor more than ten persons to serve at his pleasure, to constitute and be the Advisory Board of Health to the Department of Health, provided that a majority of said board shall be doctors and that at least one member thereof shall be a dentist, all of whom shall serve without expense or compensation."
Amendment No. 6: Your committee recommends that this amendment be stricken in its entirety and the following adopted in lieu thereof:
"Section 19. Be it further enacted by the authority aforesaid, that there is hereby created a Department of Forestry and Geological Development to consist of a consolidation of the existing Forestry and Geology Departments; said Department of Forestry and Geological Development to be under the direction of a Commission, the members of which shall be appointed by the Governor for a term of six years, as hereinafter provided. The present State Forester shall serve as State Forester until January 1, 1936, at an annual salary of $4,500.00 payable monthly. The Geological Division shall be in charge of a State Geologist; the present State Geologist shall serve as the State Geologist hereunder until January 1, 1936, at an annual salary of S4,500.00 payable monthly.
"Section 20. There is hereby created a Commission to be known as the State Commission of Forestry and Geological Development, to consist of six members, and upon the expiration of the respective terms of such members,

SATURDAY, AucusT 22, 1931.

1233

the Governor shall appoint successors to serve for a period of six years. The Governor of Georgia shall be Chairman and President of said Commission. The appointive members of the present State Board of Forestry are hereby named as members of said Commission. The Governor shall appoint the additional member for a term of six years who shall be selected with reference to his knowledge of and interest in the mineral resources of the State. Vacancies shall be filled for the unexpired term. The Commission thus constituted shall be composed of the Governor and six citizens, and as far as possible all appointees shall be selected with reference to their knowledge of and interest in the production and use of forests and/or mineral products in the industries of the State, and due consideration shall be given to the membership with reference to geographical location. The meetings of the Commission shall be held quarterly at the State Capitol and at such other times and places as may be directed in writing by the President. The Board shall have a Secretary, who shall be either the State Forester or State Geologist, to be designated by the Commission. The members of said Commission shall receive no compensation for their service as such, but they shall be reimbursed for their reasonable expenses while in attendance upon the meetings of said Commission, out of the funds appropriated by the Legislature, upon the certificate of the Secretary of the Commission when approved by the Governor.
"Section 21. The State Board of Forestry, established under and by virtue of an Act approved August 14, 1925 (Acts 1925, Page 199) is hereby abolished and all the powers, duties, functions of said board are hereby transferred to the Department of Forestry and Geological Development. The officers appointed under said board are also abolished.
"Section 22. The Advisory Board to the State Geologist as established by the laws of 1894, Page 111 (Section 1964, Code of 1910), is hereby abolished, and the powers, duties and functions of the State Geologist are hereby

1234

jOURNAL OF THE SENATE,

transferred to and vested in the said Department of Forestry and Geological Development.
"Section 23. The State Forester and State Geologist shall be appointed by the Governor after nomination by the Commission. The Governor shall remove said State Forester andjor State Geologist upon a majority vote of the members of the Commission. It shall be the duty of the Commission, in conjunction with the State Forester and State Geologist to inquire into and make public reports upon the geological and forest conditions in Georgia, including economic and industrial surveys, soils, minerals, effects of erosion and water power and flood control. These reports shall be made to the Governor and shall be given such distribution as the Commission directs. It shall be the duty of the Commission to report to each regular session of the General Assembly and make such recommendations therein as it may deem advisable.
"Section 24. It shall be the duty of the Department to encourage the development of new markets for Georgia forest and geological products, and use its efforts to bring new industries into the State. The Commission is authorized to receive gifts or donations made to the Department and to expend the same under the terms of such gifts or donations. The Commission shall have the power to do special research work in wood pulp and cellulose within the State, as funds may become available. The Commission shall be the designated agency to expend, through the Department, all Federal Aid funds available under the Clark-:\IcNary Law for fire prevention and nursery work."
Amendment No. 7: Your committee recommends that this amendment be stricken in its entirety, and the following adopted in lieu thereof:
"The State Board of Game and Fish, established under and by virtue of an Act approved August 8, 1924 (Acts 1924, Page 101, et seq.) is hereby abolished and the office

SATURDAY, AucusT 22, 1931.

1235

of Tidewater Commissioner created by the provisions of said Act is hereby abolished and the powers, duties and functions of said board and of said Tidewater Commissioner are hereby vested in the Commissioner of Game and Fish, who shall receive a salary of $4,800.00 per annum, to be paid only from monies on hand to the credit of the Game Protection Fund. The Commissioner of Game and Fish shall be appointed by the Governor for a term of four years, provided that the present Commissioner of Game and Fish shall serve out the term for which he has been elected. The Commissioner of Game and Fish shall designate and appoint one of the Inspectors now provided for by said Act of August 8, 192"1, as Chief Inspector of Coastal Fisheries, who shall serve at the will of the Commissioner, and whose salary shall not exceed the sum of $1,800.00 as now provided in said Act. Said Chief Inspector of Coastal Fisheries, under the supervision and direction of the Commissioner of Game and Fish, shall have charge of the enforcement of all laws for the protection of fish, shell fish and crustacea in Tidewater Georgia and shall perform such other duties and functions as may be delegated to him by the said Commissioner of Game and Fish. He shall give bond in some solvent security company, to be approved by the Game and Fish Commissioner, in the sum of $10,000.00 for the faithful performance of the duties of his office and the proper accounting of all monies that may come into his hands as said Chief Inspector of Coastal Fisheries, the premium on said bond to be paid from the Coastal Fisheries Fund."
Amendment No. 19: Your committee recommends that this amendment be stricken in its entirety, and the following adopted in lieu thereof:
"Section . .. Within ten days after the effective date of this Act the present Board of Trustees or Directors and/or the Treasurers thereof, of the University of Georgia and all of its branches named in Section 49 of this article are hereby directed to turn back into the State Treasury

1236

JouRNAL oF THE SENATE,

all funds remaining on hand from any unexpended appropriation and transfer to the Board of Regents all funds, credits and property of whatsoever kind from whatsoever sources received. The boards and the officers of said boards are directed to deliver to the Board of Regents all records in their custody or control."
Amendments Nos. 26 and 32: Your committee recommends that these two amendments be stricken in their entirety, and the following adopted in lieu thereof:
. By adding to the end of Section 93, Article 9, the followmg:
"One of said Assistant A.ttornev-Generals shall serve the Highway Department as its spe~ial attorney and one of said Assistant Attorney-Generals shall serve the Pc1blic Service Commission, as .its special attorney; the salaries of the two said assistants shall be paid out of the funds of said respective Departments."
Amendment No. 28: Your committee recommends that this amendment be stricken in its entirety, and the follmving adopted in lieu thereof:
"Section 8l). All the powers, duties and functions oi the State Historical Commission as prescribed in an :\ct approved August 20, 1918 (See Acts 1918, Page 1:31, et seq.) are hereby transferred to and made incumbent upon the Secretary of State and the said State Historic:tl Commission here-tofore existing under and by virtue of Section 2 of said Act is hereby abolished and so much of sZiid A.ct is hereby repealed; }~rovided, however, that the present Director and State Historian shall serve at the present compensation for the balance of said official's unexpired tern1."
Amendment No. 30: Your committee recommends that this amendment be stricken in its entirety, and the following adopted in lieu thereof:

SATURDAY, AucusT 22, 1931.

1237

. By adding at the end of Section 93, Article 9, the followtng:
"The Attorney-General shall be paid SS,500.00 per annum, payable monthly."
Amendment No. 36: Your committee recommends that this amendment be stricken in its entirety, and the following adopted in lieu thereof:
That Section 102, Article 12, and ending with the words "Thereafter the term of office of the Public Service Commission shall be for four years" be stricken in its entirety, and that Section102-a be retained.
Amendment No. 39: Your committee recommends that this amendment be stricken in its entirety, and the following adopted in lieu thereof:
That a new section be added thereto, immediately preceding the repealing section, to read as follows:
"No member of the General Assembly shall during the term for which he has been elected be eligible to be appointed or employed by any Department, Board, Bureau or other State Agency in any capacity whatsoever."
Your committee recommends that a new section be added to the bill and to immediately follow Section 92, and to be design a ted as Section 92-a, and to read as follows:
"The salary of the Secretary for said Examining Board shall be fixed by the Secretary of State, and he shall hold office at the pleasure of the Secretary of State. The expenses of the members of the various boards named in this article shall be limited to actual expenses while in attendance upon the meetings of said respective boards, and actual travelling expenses. The Secretary shall maintain an office in the State Capitol, and all of the meetings of said respective boards shall be held in the Capitol. All expense vouchers shall in each case be itemized, approved by the Chairman of each respective board, and presented to the Secretary

1238

JouRNAL oF THE SENATE,

for payment; provided, however, that such expenses, including the salary of the Secretary, on a pro rata basis, shall not exceed the fees received by said respective boards."
Respectfully submitted,
On the part of the Senate:
PETERsoN of the 15th District, NEISLER of the 23rd District, K::-;ABB of the 4th District.
On the part of the House:
HuDDLESTON of Meriwether, CoLsON of Glynn, CROWE of Worth.

The report of the Conference Committee on House Bill No. 194 was adopted.

The report of the Conference Committee of the Senate and House on House Bill No. 155, a bill to regulate the occupation of barber, was submitted, and is as follows:
Mr. President,
Mr. Speaker:
Your Committee on Conference appointed to consider House Bill No. 155, known as the Barber's Bill, beg leave to submit the folllowing report and recommendation:
We recommend that the Senate amendment to Section 1 be agreed to.
\Ve recommend that the word and figure one in Section 10 of the bill be stricken and the word and figure two be inserted in lieu thereof.
We recommend that the Senate recede from its position on the amendment to Section 9.

SATURDAY, AucusT 22, 1931.

1239

\:Ve recommend that the Senate amendment to Section 7 be agreed to.
\Ve recommend that the Senate amendment to Section 6 of said bill be agreed to.
Respectfully submitted,
On the part of the Senate:
WEEKES of the 34th District, HAND of the 8th District, STRICKLAND of the 1st District.
On the part of the House:
LEATHERs of DeKalb, CANNON of Rockdale, CocHRA:--J of Thomas.

Senator \\'eekes of the 34th District asked unanimous consent that the report of the Conference Committee on House Bill No. 133 be adopted, and the consent was granted.

By 1\Ir. ::\looty of Troup and others-
House Bill No. 428. :\ bill to amend the Constitution relating to the veto power of the Governor.
Sen a tors Harris of the 18th District and :\Toore of the 47th District moved to amend by striking therefrom Section 1 in its entirety and inserting in lieu thereof the following:
Section 1. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that :\rticle 5, Section 1, Paragraph 16, of the Constitution of this State be amended by adding at the end of Paragraph Hi the followmg:
"He may scale all the appropriations contained in the General Appropriation Bill pro rata so as to keep the appropriations for the fiscal years involved within the esti-

1240

JouRNAL oF THE SENATE,

mated revenue of the State, unless passed by a two-thirds vote of each House."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, which was a proposal to amend the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Adkins Alexander Brock Clements Courson Davis Denton Evans Fowler Horn

Jackson Johnson Langford Lazenby McKenzie Martin Moore Neisler Nelson Nix

Perkins Puett Reagan Smith Strickland Tippins Weekes West Whitehurst Williams

Those voting in the negative were Senators:

Beck Dekle Duckworth Ennis Hand

Knabb McWhorter North Pratt Pruett

Richardson Stark Wallace Waters

The ayes were 30, the nays 14.

The bill as amended failed to receive the requisite twothi~ds constitutional majority, and was lost.

Senator Moore of the 47th District asked unanimous consent that the Senate reconsider its action in defeating the above bill as amended, viz., House ~ill No. 428, and the consent was granted and the bill was again taken up for passage.

The roll was called and the vote was as follows:

SATURDAY, AuGusT 22, 1931.

1241

Those voting in the affirmative were Senators:

Adkins Alexander Beck Brock Courson Davis Denton Evans Johnson

Jones Langford Lazenby Martin Moore Neisler Nelson Perkins Pratt

Puett Reagan Smith Strickland Tippins Weekes West Whitehurst Williams

Those voting in the negative were Senators:

Clements Dekle Duckworth Ennis Hand

Horn Knabb McKenzie McWhorter Nix

North Pruett Stark Wallace Waters

The roll call was verified.

The ayes were 27, the nays 15.

The bill as amended failed to receive the requisite twothirds constitutional majority and was lost.

The Conference Committee of the Senate and House submitted the following report on Senate Bill No. 31, a bill to require tax collectors to accept State and county taxes accrued against part of tax payers' property, and for other purposes:

To THE PRESIDENT OF THE SENATE AND
To THE SrEAKER OF THE HousE,
oF THE GENERAL AssEMBLY oF GEoRGIA:
Your Conference Committee has had under consideration Senate Bill No. 31 and the amendments of the House thereto, and reports as follows:
Your committee has unanimously agreed on a compromise substitute bill which is attached to this report, and which your committee recommends be adopted.

1242

JouRNAL oF THE SENATE,

Your committee recommends that the House recede from its amendment, offered by Messrs. Stone of Early and Carlisle of Bibb, to which the Senate disagreed; which said amendment affected Section No. 1 of said bill; and that the Senate recede from its position as to certain provisions of said Section No. 1, as your Conference Committee have agreed upon a compromise as to said section, the terms of which are incorporated in the substitute bill hereby submitted by your Conference Committee for adoption.
In order to clarify the parts of bill, as amended and approved by both the House and Senate, it has been deemed advisable to draw and submit said Conference Committee Substitute which embraces all the provisions of the original bill and amendment, as approved by the House and Senate, and also the provisions of your committee's compromise agreement; and
We respectfully ask the adoption of this report and said substitute bill.
Respectfully submitted,
On behalf of the Senate:
WATSON of the 3rd District, EvAKs of the 19th District, McWHoRTER of the 50th District.
On behalf of the House:
STONE of Early, TRAFNELL of Candler, CARLISLE of Bibb.

A BILL
To be entitled an Act to amend Section 1140 of the Civil Code of 1910 so as to allow the owner or the holder of any equity, lien or interest, in or on property that has been returned or assessed with other property for taxes, to pay

SATURDAY, AUGUST 22, 1931.

1243

the taxes assessed against such property, to secure a release of same from such lien for taxes; to require the official charged with the collection of taxes or the transferee of such lien to accept payment and execute a release of said property from said lien and to provide a fee for such service, 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 on and after the passage of this Act, Section 1140 of the Civil Code of Georgia of the year, 1910, be and the same is hereby amended by adding to the end of said Section No. 1140, which said section now reads as follows: "Taxes shall be paid before any other debt, lien or claim whatsoever, and the property returned or held at the time of giving in, or after, is always subject," certain words and provisions so that said section, when so amended, shall read as follows:
"Taxes shall be paid before any other debt, lien or claim whatsoever, and the property returned or held at the time of giving in, or after, is always subject; provided, however, that the owner, or the holder of any equity, lien or interest in or on the property that has been returned or assessed with other property for taxes shall be allowed to pay the taxes assessed against any one or more pieces of the property of which he is the owner or the holder of an interest or equity therein or lien thereon, (a) when listed separately by the owner or assessor on the tax return or digest, according to the valuation shown by said return or assessment, (b) when not listed separately on the tax return or digest by the owner or assessor, by paying the proportionate part of the taxes represented by such property according to the valuation in the return or assessment, that is to say, such proportionate part of all of such taxes represented by such return or assessment as the value of such separate piece of property (upon which payment is being made) bears to all of the said property in such return or assessment.
"The officials charged with the collection of taxes for this State or for any subdivision of this State (including

1244

JouRNAL oF THE SENATE,

municipalities and all other subdivisions of the State and counties) and/or any transferee of said tax lien shall be required to accept payment of said taxes when tender is made as provided herein, shall issue a receipt showing such payment and shall execute a release of said property from such lien for taxes, and the official or transferee accepting said payment and releasing said property under this Act shall be paid a fee of fifty cents for issuing said receipt and . release."
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.
Senator Watson of the 3rd District moved that the above report of the Conference Committee on Senate Bill No. 31 be adopted and that the substitute proposed by the committee be agreed to, and the motion prevailed.
The Conference Committee of the Senate and House submitted the following report on House Resolution No. 110, authorizing appointment of a committee to investigate the A. and M. schools.
Mr. President,
Mr. Speaker:
Your Committee of Conference appointed to consider House Resolution No. 110, being a resolution to authorize the appointment of a committee from the General Assembly to investigate the merits of the several A. and M. schools, recommends, that the House and Senate agree to the substitute offered by your Conference Committee to House Resolution No. 110.
Respectfully submitted, On the part of the Senate. STARK of the 43rd District. PRUETT of the 32nd District, WEST of the 11th District.

SATURDAY, AucusT 22, 1931.

1245

On the part of the House.
JAMES of Jones, BLAND of Stewart, MARDRE of Thomas.

The Conference Committee moved to substitute House Resolution No. 110 as follows:
IYhereas, there has been considerable agitation during the past few years relative to the work done by the University of Georgia and its Branches in the matter of duplication; and
lYizereas, there has been considerable agitation over the abolishment of the several A. and M. schools in said University System, and said matter having consumed considerable time of the General Assembly; and
!Yhereas, said General Assembly not having sufficient information to properly consider the merits or demerits of these various institutions;
Th,Tdore, be it resolved, that a committee of five members from the House and three members from the Senate be appointed by the Speaker of the House and President, of the Senate, respectively, to make a thorough investigation and report their findings at the next regular session of the General Assembly of Georgia.
Be it further resolved by the authority aforesaid, that to assist said committee in its survey in arriving at proper findings, the Governor be requested to secure the cooperation and assistance of the National Commissioner of Education, The General Education Board, or any other educational foundation or agency, which is nation wide in scope, provided the aid and assistance of such experts may be procured without any expense to the State.
Senator Stark of the 43rd District moved that the Senate adopt the report of the committee, and agree to the sub-

1246

JouRNAL oF THE SENATE,

stitute offered by the committee, on the above resolution, viz., House Resolution No. 110, and the motion prevailed.

Senator vVeekes of the 3,1th District asked unanimous consent that the Senate agree to the following substitute to Senate Bill No. 123, a bill to amend an act to provide a new charter for the town of Decatur:

A BILL
To be entitled an Act to amend an Act approved August 17th, 1909 providing a new charter for the town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereto, so as to authorize the commissioners of said city to close up and abolish any street, road or alley, or part of street, road or alley in said city, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 17th, 1909, providing a new charter for the town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, be and the same are hereby amended, so that the commissioners of the City of Decatur shall have full power and authority in their discretion, and they are hereby given such authority, to close up and abolish any street, road or alley, or any part of a street, road or alley in said city, provided, however, said city shall be liable for damages to any property right of any person occasioned by the exercise of the powers herein granted.
Section 2. Be it further enacted by authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
The consent was granted, and the substitute was agreed to.

SATURDAY, AuGusT 22, 1931.

1247

The following report of the Conference Committee of the Senate and House on Senate Bill No. 92, a bill to reapportion the several Congressional Districts, was read and adopted:

Mr. President:
Your Conference Committee on Senate Bill No. 92 has had numerous meetings in an effort to agree on a report as to said bill, and after diligent effort being made we desire to report that the Conference Committee has been unable to agree. We respectfully request that another Conference Committee be appointed to consider the differences between the House and the Senate.
Respectfully submitted,
On the part of the Senate.
ENNIS of the 20th District,
McWHoRTER of the 50th District,
HARRIS of the 18th District.
On the part of the House.
THOMAS of Wayne.
JoHNSON of Seminole,
KEY of Jasper.

Senator McWhorter of the 50th District, moved that the President appoint another committee on the part of the Senate to confer with a like committee from the House, on Senate Bill No. 92. The motion prevailed and the President appointed the following committee:
Senators Ennis of the 20th District,
McWhorter of the 50th District,
Harris of the 18th District.

12/18

JouRNAL oF THE SENATE,

The following message was received from the House through Tvlr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by substitute by the requisite consti tu tiona! majority the following bills of the Senate,
tO-Wit:

By Senator \Veekes of the 31th District-
Senate Bill No. 123. A bill to be entitled an Act to amend an act incorporating the Town of Decatur, ai1d for other purposes.

By unanimous consent, the following resolution was read and adopted:

By Senator 1\lcKenzie of the 18th District-
A RESOLUTION
IV!zereas, during the administration of Joseph E. Brown, Georgia's distinguished \Var Governor and Statesman, the State of Georgia was almost devastated by Sherman's Army, and
!Vhereas, in order to save and preserve the Great Seal and other archives and records of the State, it became necessary to move these archives to some secluded section of the State away from the line of march of General Sherman and his destructive army, from Atlanta to the sea, and
JFhereas, on or about the 20th day of November, 1861, Governor Brown did, with his family and attaches, leave the State Capitol, carrying with them the State Seal and records, and
!Vlzereas, the State Library fails to show the exact position or location where the temporary State Capitol was located, and

SATCRDA Y, Acr.vsT 22, 1931.

1249

Whereas, the Governor and family and attaches did proceed by train from the Capitol to Montezuma, Ga., and thence by wagons and other private conveyances, to a point thirty miles Southeast from Montezuma and located on lot of land No. 233, in the lOth District of then Dooly, but now Crisp County, Ga., and domiciled in a double pen log house on the exact spot where the New Suwanee Hotel stands and where the City of Cordele is located.
Therefore, in order that these facts may be established and preserved in the State Library, it is hereby resolved that this resolution be adopted and that the Secretary of the Senate be requested to transmit to the .State Librarian a copy of this resolution.

By unanimous consent, the following resolution was read and adopted:

By Senator McKenzie of the 48th District-
Senate Resolution No. 74. A resolution that the Senate approve the movement to erect at some later time a Memorial to the distinguished Statesman and former Governor of Georgia, John Clark.

The secretary read the following communication from Senator John W. Bennett of the 5th District:

Piedmont Hospital, Atlanta, Georgia, August 22, 1931.

MR. PRESIDENT AND MEMBERS OF THE SENATE:
I deeply appreciate the resolution passed by you, a copy of which you sent me. I regret very much my Inability to be with you during the present week and especially today. I have learned to love very much every

JocR~AL oF THE SENATE,
member of the Senate and feel that my own life has been greatly benefited by my association with you.
My sincere hope and desire is that the House and Senate will get together on the appropriation, reorganization and reapportionment bills today. I again express my regret at being unable to be present today to render what little assistance I could toward the same.
May God's richest blessings be with you and your families during the remainder of your lives. With love and good wishes to all of you, I am,
JoHN W. BENNETT.
The President of the Senate, the Secretary of the Senate and Senator Williams of the 27th District were the recipients of some beautiful flowers; a basket of roses from Mrs. \V. R. Simpson, member of the State Democratic Executive Committee, and a vase of roses from Miss Moina Michael the "Poppy Lady."
The following resolution by Senator Williams of the 27th District was read and adopted:
IVhereas, Mrs. W. R. Simpson, member of the Fifth District Democratic Executive Committee and of the State Democratic Executive Committee has presented to this body a basket of flowers, and Miss Moina Michael, the "Poppy Lady," has presented a vase of flowers, and
Whereas, the Senator from the 5th district is confined in the hospital,
Therefore, be it resolved that the flowers be sent to Senator Bennett of the 5th District, at the Piedmont Hospital.
Senator Fowler of the 39th District rose to a point of order at this time and very gracefully and eloquently presented to the Han. W. Cecil Neill, President of the Senate, a

SATURDAY, AuGusT 22, 1931.

1251

handsome silver tray as a token of the love and esteem of the Senate.
Senator Fowler also presented to President Neill a lovely silver vase on behalf of the lady assistants in his office.
Senator Fowler presented Senator Jackson of the 14th district, President Pro Tern., a travelling bag as an expression of the very high regard in which he was held by the Senate.
A presentation was also made by Senator Fowler of a beautiful gold watch fob to Secretary of the Senate, John T. Boifeuillet, as a remembrance of friendship from the members of the Senate.
Senator Fowler, acting for the Senate, presented photographs of the officers and members of the Senate, to Mr. William Henderson, Messenger of the Senate, and to Mr. Perry Griffin, Doorkeeper of the Senate, in recognition of their official services.
Appropriate responses were made by the different recipients of the presents from the Senate.

The following resolution was read and adoptecl:

By Senators ~Ic\\'horter of the 50th District; Martin of the 2nd District; Hand of the 8th District; Harris of the 18th District; Smith of the ;)Oth District; Neill of the 24th District; Stark of the 43rd District; Dekle of the Gth District; Davis of the :Hst District; Strickland of the 1st District; Wallace of the 28th District; Weekes of the 34th District; Watson of the :3rd District; Moore of the 47th District-
lf/hereas, Hon. :\lpha :\. Fowler has furnished the members and attaches of this body with complimentary tickets to the various theatres of Atlanta; and
Whereas, this kindness on the part of the Senator from the 39th District has contributed materially to the en-

JoGRNAL oF THE SENATE,

J<1}'iilent of the members uf the Senate durin~!: the present session of the General Assembly:
Tlzenfore, be it resolved, that we extend our hearty thanks to Senator Fowler for his forethought and consideration.

The following resolution was read and adopted:
By Senators Langford of the 22nd District; l\Ic\Yhorter of the r>Oth District; Duckworth of the 7th District; Harris of the 18th District-
!Fhereas, during the present session of the General Assembly the "l\lacon Telegraph" has each day, been placed upon the desks of every member of the Senate, and
IF!weas, it has given the members af said body much pleasure to read this excellent publication
Tlzerefore, be it resolved that this body go on record as thanking the editors and owners of "The Macon Telegraph" for their kindness in furnishing this body daily editions of their paper.

The following telegram was read for the information of the Senate:
Kingsland, Ga., Aug. 22, 1931. HoN. CECIL NEILL,
State Senate, Atlanta, Ga.

You will please convey to Senate members my gratitude as well as thousands of parents of school children in Georgia for interest in and passage of school bill which I have fought for so long and which was passed as the Stanton Substitute.

T. ScoTT

BEATO\\.

SATGRDAY, AuGGST 22, 19:31.

1253

Senator Williams of the 27th District, in a soulful address paid an eloquent tribute to President Neill and Secretary Boifeuillet of the Senate. He was followed on the s.ame line by Senator Johnson of the 42nd District, who spoke in beautiful laudation of the presiding officer and secretary.
Senator McKenzie of the 18th District joined his impressive voice with thJsc of Senators \Villiams and Johnson in eloquently bestowing commendation upon President Neill and Secretary Boifeuillet. The Senators also spoke highly of the courtesy, promptness and efficiency of the Secretary's clerical force.

The Committee on Conservation submitted the following report through its Chairman, Senator Knabb of the 4th District:
Report of Conservation Committee to the President and members of the Senate of the General Assembly of Georgia, Biennial Session, 1931.
Mr. President:
The Conservation Committee begs leave to report that it has made a trip to southeast Georgia to study particularly the progress being made in reforestation in that section of the State.
Your committee is informed that authorities of the United States Forest Service have stated that commercial forestry is being practiced more successfully by private interests in that section of Georgia than anywhere in the United States.
Members of the Conservation Committee were pleased to observe some of the practices which have won for this section this high commendation and to get a vision of the great possibilities of timber wealth in Georgia when the State as a whole has followed the lead of its southeastern counties.

1254

JouRNAL OF THE SENATE,

The committee was especially impressed with methods being employed in protecting forests from fire, methods originating with the Georgia Forest Service that have attracted wide and favorable notice not only for their high degree of efficiency but for their low cost of administration. This system is founded on cooperation of land owners who form Timber Protective Organizations. These local organizations have full authority and responsibility, and are required to carry out forest fire control measures recommended by the Georgia Forest Service, which Service gives necessary supervision and inspection to see that its plans are carried into effect. The fire protection system thus put into effect involves the use of observation towers for detecting fires, patrolmen, fire break construction, organized crews and equipment for fighting fires.
Your committee found that the Georgia plan of timber protection is functioning with a high degree of success, that less than one percent of the protected area is being subjected to fire annually and that this protection is being obtained at a cost of no more than 3 to 5 cents per acre annually.
This system, your committee finds, meets the entire approval of the Federal Forest Service which annually allocates through the Georgia Forest Service funds to reimburse in part the expenses incurred by the timber owner belonging to the Timber Protective Organizations.
The Conservation Committee was strongly impressed with the natural reforestation taking place where these fire protective measures are in effect. New forest wealth is rapidly springing into existence.
The committee not only had opportunity to visualize great actual '!nd potential forest wealth, but it was led to see a vision of a great new industry of paper manufacturing as portrayed by Dr. Charles Herty, noted chemist and native of Georgia, who addressed the Committee and friends at Waycross. According to this eminent author-

SATURDAY, AccusT 22, 1931.

1235

ity, the South not only has suitable timber for paper manufacture but more timber than any other section of the country and can grow suitable wood faster than any other section of the United States. Georgia, he claimed, is destined to be the center of paper manufacture at no distant future.
Your committee is of the opinion that every encouragement should be given to efforts being made for reforestation of cutover lands of the State and for protection of forest lands from fire. It is further of the opinion that assistance should be given to developing a wood pulp and paper industry in this State, and that nothing that is possible should be left undone to maintain the large annual income from forest products which this State has been rece1vmg.
It is fitting in closing this report to acknowledge with pleasurable gratitude the many courtesies received by the committee on its tour of inspection: To the Georgia Forestry Association tor planning the itinerary and making all necessary arrangements; to the civic clubs of the City of waycross for their generous hospitality; to Colonel Howard Coffin of Brunswick and Colonel Houston of Darien, for their entertainment, and to the several timber owners for the information and time so willingly given to the committee.
Respectfully submitted,
KNABB, Chairman.

The Committee on Drainage submitted the following report which was read and adopted:
Report of Committee on Drainage:

MR. PRESIDENT AND MEMBERS OF THE SENATE:
According to custom, our President appointed a Committee on Drainage to serve the requirements of the 1931

1256

JouRNAL OF THE SENATE,

sesswn, Georgia Senate. This committee has anxiously awaited any matters that should come before us for our consideration. Within the past few days, our anxiety became so acute because of the fact that there had not been any affairs to claim our attention, that an investigation was duly ordered. We beg leave to submit to you our findings as follows:
We find that the "Republican Administration" with its wonderful "Farm Relief Program" and its unbalanced tariff enactments, has so thoroughly drained Georgia that your committee has been deprived of rendering any service at this session.
Respectfully submitted,
WHITEHURST of the 21st District, Chairman.
WILLIAMS of the 27th District, Vice-Chairman.
MARTIN of the 2nd District,
KNABB of the 4th District,
McKENZIE of the 48th District,
BRocK of the 44th District,
PERKINS of the 17th District.
August 22, 1931.

By unanimous consent, the Senate voted to adjourn until 8:30 o'clock tonight.
The Chair announced that the Senate stood adjourned until 8:30 o'clock, P. M.

SATURDAY, AUGUST 22, 1931.

1257

SENATE CHAMBER,
AuGusT 22, 1931.

NIGHT SESSION.

The Senate was called to order by the President, at 8:30 o'clock, P. M., this night.

The roll was called and the following Senators answered to their names:

Alexander Beck Brock Cheatham Clements Courson Davis Dekle Denton Duckworth Ennis Evans Fowler Harris

Horn Jackson Johnson Knabb Langford Lazenby McKenzie McWhorter Martin Moore Nelson Nix Perkins Peterson

Pratt Pruett Puett Richardson Smith Stark Strickland Watson Weekes West Whitehurst Williams Mr. President

The Conference Committee of the Senate and House, on House Bill No. 147, a bill to make appropriations for the last half of the fiscal year 1931, and for the fiscal years 1932 and 1933, submitted the following report:

Mr. President:
Mr. Speaker:
We, your Conference Committee, appointed on House Bill No. 147, known as the General Appropriation or Budget Bill, submit the following report:
1. The House and the Senate both recede from their position as to Senate Amendment No. 1 to Section 1, Subsection (e), relating to Emergency Appropriation.
Your committee amends said Section 1, Subsection (e), by striking therefrom the figures $200,000.00

1258

JouRNAL OF THE SENATE,

for each of the years 1932 and 1933 and substituting in lieu thereof the figures $150,000.00 for the year 1932 and $150,000.00 for the year 1933.
2. The House agrees to Senate Amendment No. 2 to Section 1, Subsection (d), relating to the publication of Constitutional Amendments.
3. The House and Senate both recede from their position as to Senate Amendment ~o. 3 to Section 1, Subsection (b), relating to Insurance on Public Property.
Your committee amends said Section 1, Subsection (b), by striking therefrom the figures $15:~,000.00 for the year 1\H2 and substituting in lieu thereof the figures S100,000.00.
Your committee also amends by adding at the end of Subsection (a), the following:
"Provided, however, that all contracts for insuring public buildings of this State are recommended to be let to the lowest bidder."
4. The Senate and House both recede from their amendments to Section 2, relating to the Department of Agrindture.
5. The House agrees to Senate Amendment No.5, relating to Section 2, Department of .'\griculture, dealing with advertisements in the Market Bulletin.
G. The Senate recedes from Senate Amendment No. ;) to Section 2, Subsection (a), Division A, Part 1, relating to the Department of Agriculture.
7. The Senate and House both recede from their positions to Senate Amendment No. 7, rei a ting to the Department of Audits.
Your committee strikes said Section 6, in its entirety and substitutes in lieu thereof the following to be known as Section 6:

SATURDAY, AuGusT 22, 1931.

1259

SECTION 6. AUDITS, DEPARTMENT OF

(a) Maintenance ........... $ 60,000.00 $ 60,000.00
Provided that the above sum appropriated shall be expended at the discretion of the State Auditor for carrying out the duties of the Department of Audits together with the former duties of the auditing department of the Department of Education, which duties have been transferred to the Department of Audits.
Provided further, that from the above appropriation there shall be paid the salary of the State Auditor as fixed by law, Acts 1925-page 256; and the salaries of all other employees in such amounts as shall be fixed by the State Auditor.
8. The Senate recedes from its position as to Senate Amendment No. 8, relating to the Department of Audits.
9. The House agrees to Senate Amendment No. 9 relating to Section 7, the salary of the Superintendent of Banks.
10. The Senate recedes from its position as to Senate Amendment No. 10 to Section 12, Subsection (e), relating to the Department of Comptroller-General.
11. The House and Senate both recede from their position as to Senate Amendment No. 11 to Section 15, relating to the Department of Education.

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JocRNAL oF THE SEt;ATE,

Your committee amends said Section 15, Subsection (a), by striking therefrom the figures S170,000.00 for each of the years 1932 and 1933 and substitute therefor the figures S160,000.00 for each of the years 1932 and 1933.
12. The Senate recedes from its position as to Senate Amendment No. 12 to Section 15, Subsection (b), relating to the auditing department of the Department of Education.
13. The House and Senate both recede from their position as to Senate Amendment No. 13 to Section 15, relating to the Department of Education.
Your committee amends said Section 15, I tern V, by striking therefrom the figures S4,433,500.00 for the year 1932 and the figures S4,406,000.00 for the year 1933 and substituting in lieu thereof the figures 84,487,250.00 for the year 1932 and the figures $/1,411,000.00 for the year 1933.
14. The Senate recedes from its position as to Senate Amendment No. 1" to Section 15, Item B, relatinp.to the appropriation for holding Teachers' Institutes.
15. The Senate recedes from its position as to Senate Amendment No. 15 to Section 16, Item A, Department of Vocational Education.
16. The House agrees to Senate Amendment No. 16 to Section 18, Item A, Forestry Department.
Your committee adds to said section the following prov1so:
Provided, that the Board of Forestry may expend from this appropriation or from any other funds coming into its hands $20,000.00 or so much thereof as may be necessary to secure donations for the purpose of developing the paper pulp industry in this State.

SATURDAY, Auct:sT 22, 1931.

1261

17. The Senate recedes from its position as to Senate Amendment X o. 17 to Section 1~, relating to the Forestry Department.
18. The Senate recedes from its position as to Senate Amendment No. 18 to Section 19, relating to the Department of Game and Fish.
19. The Senate recedes from its position as to Senate Amendment ~o. 19 to Section 23, re.ating to the Department of Horticulture and Entomology.
20. The House agrees to Senate: Amendment Xo. 20 to Section 2:), ti.xing the salary of the State Librarian.
21. The Senate recedes from its position as to Senate Amendment ~o. 21 relating to the State Library.
22. The House agrees to Senate Amendment No. 27, Subsection Ia), of Division "\, Part 1, relating to the l\1ilitary Department.
23. The Senate recedes from its position as to Senate Amendment "i\o. 2:~ to Section :38, relating to the appropriations to Public Buildings and Grounds.
24. The Senate recedes from its position as to Senate Amendment ~o. 24 to Section '12, Part 1, Division A, relating to the Department of Revenue.
The Senate recedes from its position as to Senate Amendment No. 25 to Section 44, Subsection (a), relating to the salary of the Secretary of State.
Your committee amends House Bill No. 147 by striking therefrom Section 44, in its entirety and substituting in lieu thereof a new Section 41 to read, as follows:

SECTION 44. SECRETARY OF STATE, DEPARTMENT OF
(a) Maintenance .......... $ 25,000.00 $ 25,000.00
For defraying the expenses incurred in the operations of the

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JouRNAL OF THE SENATE,

offices of Secretary of State and Corporations Commissioner.
(b) Maintenance ........... $ 125,000.00 $ 125,000.00
For defraying the expenses incurred in the operations of the office of Motor Vehicles Commtsswner.
Provided further, that the official administering the Motor Vehicle Tax Laws is hereby authorized and directed to pay into the General Fund of the State Treasury 5% of the total net collections derived from the Motor Vehicle Act which expense of collection is provided for by the above appropriation.
2G. The Senate and House both recede from their position as to Senate Amendment No. 26 to Section 46, Item A, relating to the Department of State Tax Commisston.
Your committee amends said Section 46, Item A by striking therefrom the figures S85,500.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures S77,500.00 for the year 1932 and $77,500.00 for the year 19:~:).
27. The Senate recedes from its position as to Senate Amendment No. 27 to Section :lG, relating to the salary of the State Tax Commissioner.
28. The House agrees to Senate Amendment No. 28 to Section 47, Item (b-2) relating to Interest on Temporary Loans.
29. The Senate recedes from its position as to Senate Amendment No. 29 to Section 50, relating to the Milledgeville State Hospital.

SATURDAY, :\n;usT 22, 1931.

1263

Your committee amends said Section ;)0, Item A~ by adding thereto the following proviso:
Provided, that if the above amount is insufficient for the maintenance of said State Hospital, the Governor is hereby authorized and directed, as a preference, to allocate an additional sum not to exceed $100,000.00 for each of the years 19:32 and 1933 from the Emergency :\ppropriation contained in Section 1, Item F, of this Act.
30. The House and Senate both recede from their position as to Senate Amendment ~o. :30 to Section 52, relating to the State Tuberculosis Sanatorium.
Your committee adds the following proviso in lieu of the Senate proviso to said Section 32:
Provided, further that out of the above amount appropriated there may be purchased lands and buildings, the cost of which is not to exceed $li,OOO.OO.
31. The Senate recedes from Senate :\mendment No. 31 relating to an additional appropriation at the State Tuberculosis Sanatorium at Alto.
32. The Senate recedes from its position as to Senate A.mendment i\o. 32 to Section 41, relating to.
:33. The House agrees to Senate Amendment No. :~:3 to Section 57, Item A, Prison Farm.
31. The House and Senate both recede from their positions as to Senate Amendment No. 34, Section G7, relating to the Fourth District A. & :\1. School at Carrollton.
Your committee amends said Section G7, by striking therefrom the figures $15,000.00 for the year 1932 and the figures $15,000.00 for the year 1933 and substituting in lieu thereof the figures $17,500.00 for the year 1932 and $15,000.00 for the year 1933.

1264

JouRNAL OF THE SENATE,

35. The House and Senate both recede from their position as to Senate Amendment ~o. :35 to Section 68 relating to the Georgia Vocational and Trades School at Monroe.
Your committee amends said Section ()8 by striking therefrom the figures $1:>,000.00 for the year 1932 and $15,000.00 for the year 19:U and substituting in lie~ thereof the figures $22,500.00 for the vear 1~l32 and S20,000.00 for the year 19:B.
;)(i. The House and Senate both recede from their positinn as to Senate Amendment ~.-J. :Hi to Section ()!) rela:ing to ;:he G::orgia Ind~.stri:ll College at B:un::svill::.
Yo:1r committee amends said Section (\9 by striking therefrom the figures $15,000.00 for the year 19:32 and $15,000.00 for the year 19:3:3 and substituting in lieu thereof the figures S22,500.00 fnr the year 19:)2 and $20,000.00 for the year 193:3.
37. The House and Senate both recede from their positions as to Senate A.mendment Xo. ;)7 to Section 70, relating to the Seventh District :\. & :\1. School at Powder Springs.
Your committee amends said Section 70 by striking therefrom the figures $ 1:>,000.00 for the year 1932 and $15,000.00 for the year l!J:n and substituting in lieu thereof the figures S17 ,;->00.00 for the year 1\);)2 and the figures SL),OOO.OO for the year 19:3:).
Ji'l. The H-::usc: and Senate both recede from their position as to Senate Amendment No. :38 to Section 71, relating to the Eighth District A. & :\L School at Madison. Your committee amends said Section 71 by striking therefrom the figures S15,000.00 for the year 1932 and $15,000.00 for the year 1933 and substituting in lieu thereof the figures S17,500.00 for the year 1932 and $15,000.00 for the year 19:D.

SATURDAY, AucusT 22, 1931.

1265

:~9. The House and Senate both recede from their position as to Senate Amendment No. 39 to Section 72, relating to the Ninth District A. & M. School at Clarkesville.
Your committee amends said Section 72, by striking therefrom the figures $15,000.00 for the year 1932 and $15,000.00 for the year 193:~ and substituting in lieu thereof th~ figures $17,500.00 for the year 1932 and $15,000.00 for the year 19:3:3.
,10. The House and Senate both recede from their position as to Senate :\mendmcnt :\To. W to Section 7:~ relating to the Tenth District A. & i\I. School at Granite Hill.
Your committee amends said Section 73 by striking therefrom the figures S15,000.00 for each of the years 19:32 and 19:);) and substituting in lieu thereof the figures $10,000.00 for the year 1932.
11. The Senate recedes from its position as to Senate Amendment ?\Jo. t 1 to Section 76 relating to Bowdon State Norma! and Industrial College at Bowdon.
12. The Senate recd.cs fr\lm its position as to Senate Amendment );o. 12 to Section 80, Item A, relating to the ).Iedical College at Augusta.
B. The Senate recedes from its position as to Senate Amendment ?\Jo. 4:) to Sec.:ion Ki, relating to Georgia :'\lilitary College at ".Iilledg:ville.
Your committee amends House Bill No. H7 by striking therefrom S.:u:ion 85 in its entirety.
44. The Senate recedes from its position as to Senate Amendment No. 44 to Part 1, Division F, Section 89, Subsection (a), relating to the expenses of committees visiting chain-gangs in this State.
45. The House and Senate both recede from their positions as to Senate Amendment No. 45 to Part 2,

126G

JouRNAL or THE SE:-<ATE,

Section 4, Item A, relating to Vocational Education. Your committee amends said Section 4 by striking therefrom the figures 857,500.00 and substituting in lieu thereof the figures SliO,OOO.OO.
4li. The House and Senate both recede from their position as to Senate Amendment "\fo. '11) to Part 2, Section
:>, Item A, relating to the Smith-Lever Fund.
Your committee amends said Section 5, Item A, by striking therefrom the figures S/:~,:)00.00 and substituting in lieu thereof the figures $7li,OOO.OO.
. 47. The Senate recedes from its position as to Senate
:\mendmen t No. "17 to Part 2, Section G, Item A, relating to Prison Farm.
4t\. The House agrees to Senate :\mendment "\fo. 48 adding a new section to be knlWll as Section 8.
Your committee amends said Senate Amendment .No. 1~, .Section 8, Part 2, by adding thereto the folmg prOViSO:
Provided, further, that the appropriations made in this Act, except the appropriations made to the Legislative and Judicial Departments of the State; for the payment of the Public Debt and Interest thereof; and for the payments to the various counties of the State to be used exclLlsively for the maintenance and construction of Public Roads, shall not be directly disbursed by the Scate Treasurer to an:- obligee Jf the State Departments, Boards, Com missions, Bureaus Institutions and Educational interests of the State, but shall be disbursed upon the receipt of an Executive warrant in a lump sum to the official or officials of said Departments, Boards, Commissions, Bureaus, Institutions and Educational interests of the State who are designated to receive and disburse or to control the receipts and disbursements of funds, who will in turn make the payments which are due the obligees of the State.

SATURDAY, AUGUST 22, 1931.

1267

49. The House and Senate both recede from their position as to Senate Amendment No. 49 to Division C, Section 60, I tern A, relating to the Georgia Experiment Station at Griffin.
Your committee amends said Section 60, by striking therefrom the figures $12,500.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures $15,000.00 for each of the years 1932 and 1933.
50. Your committee amends House Bill No. 147, Section 89, Paragraph 12 by striking therefrom the sum of $5,000.00 and substituting in lieu the sum of $7,500.00 with the following proviso:
Provided, however, that the sum of S2,500.00 of said sum of S7,;)00.00 be immediately available for the payment of printing, stationery and incidental expenses of the General Assembly for the regular session of the year 19:~ 1.
51. Your committee further amends House Bill No. 147 Section 89, Paragraph 1:3, by striking therefrom the figures $5,000.00 and substituting in lieu thereof the figures $6,;')00.00 and adds the following proviso:
Provided, however, that the sum of $1,500.00 or so much as may be necessary of said $6,500.00 be immediately available to pay the expenses of committees already incurred during the regular session of 1931 of the General Assembly.
Hespectfully submitted,
On the part of the Senate: CHEATHA.\1 of the 26th District, DucKWORTH of the 7th District, HARRIS of the 18th District.
On the Part of the House. CuLPEPPER of Fayette, RIVERS of vVheeler, Fagan of Peach.

1268

JouRNAL OF THE SEKATE,

Senator Cheatham of the 26th District moved that the Senate adopt the report of the Conference Committee as above, on House Bill :-\o. 117.
The motion was lost.
Senator Dekle of the Gth District asked unanimous consent that the President appoint another committee of three on the part of the Senate to confer with a like committee to be appointed by the House on the above bill, viz., House Bill No. H7, and the consent was granted.
The President appointed as a committee on the part of the Senate:
Senators Dekle of the lith District,
Hand of the Kth District,
Fowler of the 39th District.

The following bill of the House v:as read the third time and put upon its pass:1ge:

By ~Ir. Stanton of \Yare-
House Bill ~o. 9. A. bill to regulate professional nursing.
Senator Harris of the 18th District otfered the following amendment: To strike from Section 2, of House Bill 1\'o. 9, the following: "Before February 1, 19:)2" and insert in lieu thereof the following "Before September .\ 1~);) 1.,
The amendment was adupted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 3li, the nays 0.
The bill as amended having received the reg uisi te constitutional majority was passed.

SATURD.c\Y, AucusT 22, 1931.

1269

The following bill of the House was read the third time and put upon its passage:

By ::vir. Rosser of Walker and others-
House Bill ~o. 429. .-\. bill to establish a State budget.
Senator Harris of the 18th District moved that the bill be tabled, and the motion prevailed, and the bill was laid upon the table, the vote being ayes 29, the nays 1.

The following resolution of the House was read:
By :\Ir. Culpepper of Fayette--
House Res.Jlution :-.Jo. 12G. A resolution to authorize
ccrtain officers and members of committees of the G:~neral Assembly and certain employees to remain at the Capitol for a certain time for the purpose of bringing up the unfinished business of the General :\ssembly.
The following amendment was offered by Senator Puett of the ~10th District:
To amend House Resolution No. 12() in line 7 of Paragraph 2 by striking the figure 2 and insening in lieu thereof the figure 4, so that the resolmion will provide for the Chairman of the Engrossing Committee and fom members to remain over, and to strike out the word seven in line 9 of the second paragraph and substitute the word nine so as to conform vvith the first paragraph and lin~ ~1 thereof.
The amendment was adopted.
The resolution as amended was adopted.

The following bill of the Senate was taken up for consideration of the following substitute offered by the House to said bill:

1270

JouRNAL or THE SENATE,

By Senator Neisler of the 23rd District-
Senate Bill No. 160. A bill relating to the security to be given by State depositories.

A BILL

To amend Section 1256 of the Civil Code of 1910 relating to bonds to be given by State depositories so as to require the giving of a surety bond in a sum equal to the amount of money to be deposited with it and so as to authorize a depository in lieu of the bond to deposit vvith the State Treasurer besides United States and State bonds validated county or municipal bonds, 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 1256 of the Civil Code of 1910 relating to bonds of State depositories be amended by striking from said section the following words:
"And whenever a National Bank is selected as a State depository the amount of the amount of the bond shall be double the amount of money to be deposited with it. The bond to be made by the State depository may be a personal bond or may be made by a deposit with the State Treasurer of United States bonds or Georgia State bonds or either one or both of said methods" and substituting in lieu thereof the following:
"The bond to be given by State depositories whether State or National Banks shall be a surety bond signed by a surety company duly qualified and authorized to transact business in this State in a sum equal to the amount of money to be deposited with such depository, provided that in lieu of such surety bond the State depository may deposit with the State Treasurer bonds of the United States or of this State, or bonds of the counties or municipalities of this State which have been duly validated as

SATURDAY, AucusT 22, 1931.

1271

provided by law and as to which there has been no default in payment either of principal or interest, said bonds to be satisfactory to the State Treasurer. A State depository may secure deposits made with it in part by a surety bond and in part by a deposit of any or all of the bonds above mentioned or by either method," so that said section when amended shall read as follows:

"Section 125!l. Amount of State's deposit limited to amount of bond of depository. The Treasurer of this State shall not deposit at any one time, or have on deposit at am' one tim~ in any one of the depositories of this St<l.te for <1. longer time than ten days, a sum of money b:longing
... to this Sta:e that exceeds the bcmd given bv. slii d~plsi-
to;y to the State. The Treasurer shall ch::ck from any depository the amount of the State's money thil~ s<lid dep )Sitory holds in excess of its bond, and pay th: s~tm into the Treasury; Provided, that a State depository may be allowed to hold <1. sum greater than fifty thousand dollars, but not in excess of one hundred thousand dollars, upon such depository giving a new bond to cover the maximum amount to be deposited with it, and when such new bond has been executed and delivered to the Governor the old bond shall be discharged and surrendered. The bond to be given by State depositories whether State or National Banks shall be a surety bond signed by a surety company duly qualified and authorized to transact business in this State in a sum equal to the amount of money to be deposited with such depository provided that in lieu of such surety bond the State depository rna y deposit with the State Treasurer bonds of the United States, or of this State, or bonds of the counties or municipalities of this State, which have been duly validated as provided by law as to which there has been no default in payment either of principal or interest, said bonds to be satisfactory to the State Treasurer. A State depository may secure deposit of any or all of the bonds above mentioned or by either method."

1272

JouRNAL oF THE SENATE,

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 following privileged resolution was read and adopted:

By Senator Weekes of the :34th District-
A resolution extending the privileges of the floor to the Hon. Homer T. Howard, Assistant Tax Commissioner of DeKalb County, and to the Hon. Leon O'Neal and the Hon. W. C. McLain of DeKalb County.

'fhe following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has disagreed to the report of the Committee of Conference on the following bill of the House, to-wit:
By Mr. Culpepper of Fayette-
House Bill No. 147. A bill to be entitled an Act to make for the last half of the year 19>11 and for the years 1932 and 1~J:13, appropriations to meet the expenses of Legis-
lative, Executive and Tudicial Branches of the State Gov-
ernment, and for other purposes.
The Speaker has appointed as a third Committee of Conference on the part of the House to confer with a like committee on the part of the Senate, the following members of the House, to-wit:
Messrs. Culpepper of Fayette,
Crowe of Worth,
Duncan of Houston.

SATURDAY, AuGUST 22, 1931.

1273

The Conference Committee of the Senate and House, on Senate Bill No. 92, a bill to reapportion the several Congressional Districts, submitted the following report, which was adopted:

Mr. President,
Mr. Speaker:
Your Conference Committee on Senate Bill Number 92 respectfully report that we are unable to agree and request the appointment of another Conference Committee to consider the differences between the House and the Senate.
Respectfully submitted,
On the part of the Senate.
ENNIS of the 20th District, McWHORTER of the 50th District, HARRIS of the 18th District,
On the part of the House.
THOMAS of Wayne, RosSER of Walker, NELSON of Laurens.

Senator Ennis of the 20th District moved that the President appoint another committee of three on the part of the Senate to confer with a like committee from the House, on the above bill, viz., Senate Bill No. 92, and the motion prevailed.
The President appointed as a committee on the part of the Senate, the following:
Senators Ennis of the 20th District,
McWhorter of the 50th District,
Harris of the 18th District.

JouRNAL OF THE SENATE,
Senator Weekes of the 34th District asked unanimous consent that the Senate agree to the following House amendment to Senate Bill No. 1:37, a bill to amend the charter of the City of Atlanta.
Amends Senate Bill No. 137 by adding at the end of
Section :>, the following words:
"Provided, however, that this bill shall not become effective or operative as an Act until the same has been approved by the qualified voters of the City of Atlanta at an election to be held for that purpose at such time and place as the :V1ayor and General Council may designate, which shall be within 90 days from the passage of this bill. The City Clerk of Atlanta shall prepare suitable ballots to be used in said election and shall cause to be printed thereon in Capital letters the words "For increase in water rates" and the words "Against increase in water rates." Voters shall mark out the proposition they desire to vote against, and leave the proposition they desire to vote for on the ballot. If a majority of those voting at said election shall vote for "For increase in water rates" the Mayor and General Council may increase the water rates for the period of time set out herein. If a majority of those voting at said election shall vote "Against increase in water rates" this bill shall not become effective as an Act and the restriction of the charge for water and water service as now fixed by the city charter shall continue in full force and effect.
The amendment was adopted.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The Committee of Conference on the part of the House on Senate Bill No. 92 has asked to be discharged and the Speaker has appointed as a third Committee of Conference on the part of the House to confer with a like committee on

SATURDAY, AUGUST 22, 1931.

1275

the part of the Senate on said bill, the following members of

the House, to-wit:



Messrs. Thomas of Wayne,

Davis of Mitchell,

McGehee of Talbot.

The Conference Committee of the Senate and House on Senate Bill No. 92, a bill to reapportion the several Congressional Districts, submitted the following report:
Mr. President,
Mr. Speaker:
Your Conference Committee to consider the differences between the House and Senate on Senate Bill No. 92, known as the Congressional Reapportionment Bill in which there is in dispute sixteen counties have agreed as follows, to-wit:
1. The Senate agrees to the House amendments placing Morgan, Greene, Taliaferro, and Warren Counties in the tenth Congressional District, and to the House amendments placing Glascock, Jefferson, Jasper, and Crawford Counties in the sixth Congressional District.
2. The Senate agrees to the House amendment placing Franklin County in the tenth Congressional District.
3. The Senate agrees to the House amendment placing Talbot County in the fourth Congressional District.
4. The Senate agrees to the House amendments placing Telfair County in the eighth Congressional District and to the House amendment placing Ben Hill County in the third Congressional District.
5. The Senate agrees to the House amendment placing Rockdale County in the fifth Congressional District.

127G

Tot:RNAL oF THE SENATE,

G. The House recedes from its amendment placing Harris County in the fourth Congressional District and the Committee amends section 2 of said bill by placing Harris County in the third Congressional District.
7. . The House recedes from its position on the House amendment placing Peach and Houston Counties in the sixth Congressional District and amends section two of said bill by placing Peach and Houston Counties in the third Congressional District.
Respectfully submitted,
ENNIS of the 20th District, McWHoRTER of the 50th District, HARRIS of the 18th District.
On the Part of the Senate.
THoMAS of Wayne, DAvis of Mitchell, McGEHEE of Talbot.
On the Part of the House.
Senator Ennis of the 20th District asked unanimous consent that the report be adopted, and the consent was granted, and the report was adopted and agreed to.

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

Mr. President:
The House has agreed to the report of the Conference Committee on the following bill of the Senate, to-wit:
By Senators Bennett of the 5th District and D~vis of the 31st District-
Senate Bill No. 92. A bill to reapportion the several congressional districts, and for other purposes.

SATURDAY, :\ucc sT 22, 19:31.

1277

The following message was received from the House through :Vir. Kingery, the Clerk thereof:
:Hr. President:
The House has adopted the report of the Committee of Conference on the following resolution of the House, to-wit:

By :\lessrs. Bland of Stewart, James of Jones, and others-
House Resolution No. 110. A resolution relative to the investigation by a committee from the General Assembly to investigate the merits of the several A. & M. Schools of the State, and for other purposes.

Pursuant to the authoritv vested in him under House Resolution No. 110, relating to the A. & M. Schools, the Chair appointed the following members of the Senate to serve on the joint committee provided for therein, to-wit:
Senators Harris of the 18th District, McWhorter of the ;)Oth District, West of the 11th District.

The following message was received from the House through Mr. Kingery, 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 Senators Dekle of the 6th District and Moore of the 47th District-
Senate Bill No. :31. A bill to be entitled an Act to amend the Code relative to property assessed for taxes with other property assessed for taxes, and for other purposes.

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

1278

JouRNAL OF THE SENATE,

Mr. President:
The House has agreed to the Senate amendment to the following resolution of the House, to-wit:

By Messrs. Culpepper of Fayette and Nelson of Cook-
House Resolution No. 126. A resolution authorizing certain members and officials of the General Assembly to remain at the Capitol after adjournment of the General Assembly, and for other purposes.

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

,"~r. President:
The House has adopted by the requisite constitutional majority the following resolution of the House, to-wit:

By Mr. Nelson of Cook~
House Resolution No. 128. A resolution providing for the appointment of a committee of three from the House and two from the Senate to be appointed by the Speaker of the House and the President of the Senate, respectively, to notify his Excellency, the Governor, that the General Assembly has completed its deliberations and is now ready to adjourn sine die.

The Speaker has appointed as a committee on the part of the House the following members of the house, to-wit:
Messrs. Beasley of Tattnall, Davis of Mitchell, Stone of Early.

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

SATcRDAY, Auc;usT 22, 1931.

1279

Mr. President:
The House has passed as amended by the requisite constitutional majority the following bills of the Senate, to-wit:

By Senators Reagan of the 35th District and Weekes of the ;)4th District--
Senate Bill No. Ln. A bill to be entitled an Act to
amend the charter of the City of Atlanta, and the several Acts amendatory thereof, and for other purposes.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has passed by the requ1s1te constitutional majority the following resolution of the House, to-wit:

By 1\lessrs. Culpepper of Fayette and Nelson of Cook-
House Resolution No. 126. A resolution authorizing certain members and officials of the General Assemblv to remain certain times after adjournment of the Ge~eral Assembly, and for other purposes.

Sena tor West of the 11th District, Chairman of the Com-. mittee 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 the same do not pass:

Senate Bill No. 81.

Respectfully submitted,

WEST, Chairman.

1280

JouRNAL oF THE SENATE,

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

Mr. President:
The House has agreed to the Senate amendment to the following bill of the House, to-wit:

By Mr. Stanton of Ware-
House Bill No. 9. A bill to be entitled an Act to amend an Act relative to the practice of professional nursing in Georgia, and for other purposes.

The Conference Committee of the Senate and House, on House Bill No. 147, a bill to make appropriations for the last half of the fiscal year 1931, and for the years 1932 and 1933, submitted the following report:

Mr. President,
Mr. Speaker:
We, your conference committee, appointed on House Bill No. 147 known as the General Appropriation or Budget Bill, submit the following report:
1-The House and Senate both recede from their position as to Senate Amendment No. 1, Section 1, Subsection (e), relating to Emergency Appropriation.
Your committee amends said Section I, Subsection (e), by striking therefrom the figures $200,000.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures $150,000.00 for the year 1932 and $150,000.00 for the year 1933.
2-The House agrees to Senate Amendment No. 2, Section I, Subsection (d), relating to the Publication of Constitutional Amendments.
3-The House and Senate both recede from their position

SATURDAY, AuGL"sT 22, 1931.

1281

as to Senate Amendment No. 3, Section I, Subsection (d), relating to insurance on public property.
Your committee amends Section I, Subsection (b) by striking therefrom the figures S153,000.00 for the year 1932 and substituting in lieu thereof the figures $113,000.00.
4-The Senate and House both recede from their position as to Senate Amendment No. 4 relating to Section II, Department of Agriculture and substitute a new section for Section II to read as follows:

SECTION 2. AGRICULTURE,
DEPARTMENT OF
(a) Maintenance ........... $300,000.00 $300,000.00
Provided, that from the above amount appropriated to-wit: S300,000.00 for each of the years 1932 and 1933, or so much thereof as may be necessary, there shall be expended sums sufficient to carry out the duties of the department such as Administration, Collection of Agriculture Statistics, Administration of Pure Food and Drug Acts, Chemical Laboratory, Fertilizer Inspection, Feed Inspection, Fruit Inspection and the operation of the Bureau of Markets; Provided,how-

1282

JouRNAL OF THE SENATE,

ever, that no more than $2;),000.00 be allocated to the publication and distribution of the Market Bulletin and provided further, that nothing except Market Bulletin quotations and bona fide listings of market products offered for sale shall be published in the Market Bulletin.

And provided further,

that ~7:>,000.00 of this

appropriation be allo-

cated to the State Veter-

inarian for the control of

Contagious, Infectious

and

Communicable

Livestock diseases, such

as tuberculosis, hog

cholera, hemorrahagic

septicemia, black leg,

rabies and other com-

municable livestock dis-

eases and to prevent the

re-infestation of Geor-

gia with the cattle-fever

tick from the tick in-

fested areas of Florida

and Alabama by main-

tatnmg an effective

quarantine patrol on the

border, and for the en-

forcement of dairv meat and milk inspecti~n l<tw.

SATCRDAY, AucusT 22, 1931.

1283

And provided further, that if at any time the ~larket Bulletin is used for printing and publishing any matter, whether editorially or otherwise, save and except strictly advertisements for sale or exchange for the farmers of the State of farm products, the Governor is hereby authorized and directed to refuse to sign any warrant for the payment of the publication or circulation of said Market Bulletin and same shall thereupon and thereafter cease to be published or circulated.
;)-The Senate recedes from its posltlon as to Senate A.mendment No. 5, Section II, relating to the Department of Agriculture.
()-The Senate recedes from its position as to Senate Amendment No. 6, relating to Section II, Department of Agriculture.
7-The Senate and House both recede from their position as to Senate Amendment ~o. 7 relating to Section VI, Department of Audits and substitute the following for Section VI:
SECTIO:\' G. AUDITS,
DEPART:\1ENT OF
(a) Maintenance ........... S GO,OOO.OO $ 60,000.00

1284

JouRNAL or THE SENATE,

Provided that the above sum appropriated shall be expended at the discretion of the State Auditor for carrying out the duties of the Department of Audits together with the former duties of the auditing department of the Department of Education, which duties have been transferred to the Departn!ent of Audits.
Provided further, that from the above appropriation there shall be paid the salary of the State Auditor as fixed by law, Acts 1925-page 256; and the salaries of all other employees in such amounts as shall be fixed by the State Auditor.
8-The Senate recedes from its posttton as to Senate Amendment ~o. 8; relating to the Department of Audits.
9-The House agrees to Senate Amendment No. 9 relating to Section 7, the salary of the Superintendent of Banks.
lO~The Senate recedes from its position as to Senate Amendment No. 10, Section XII, Subsection (a) relating to the Department of the Comptroller-General.
11-The House and Senate both recede from their position as to Senate Amendment ~o. 11 to Section 15, relating to the Department of Education.

SATURDAY, AuGUST 22, 1931.

1285

You.r Committee amends said Section 15, Subsection (a), by striking therefrom the figures $170,000.00 for each of the years 1932 and 1933 and substitute therefor the figures $160,000.00 for each of the years 1932 and 1933.
12-The Senate recedes from its position as to Senate Amendment No. 12, Section 15, Subsection (b), relating to the auditing department of the Department of Education.
13-The House and Senate both recede from their position as to Senate Amendment 1\'"o. 13 to Section 15, relating to the Department of Education.
Your committee amends said Section 15, Item B, by striking therefrom the figures $4,433,500.00 for the year 1932 and the figures $4,406,000.00 for the year 1933 and substituting in lieu thereof the figures $4,411,250.00 for the year 1932 and the figures Sr!,381,250.00 for the year 1933.
14-The Senate recedes from its position as to Senate Amendment No. 14 to Section 15, Item B, relating to the appropriation for holding teachers' institutes.
15-The Senate recedes from its position as to Senate Amendment No. 15 to Section 16, Item A, Department of Vocational Education.
16-The House agrees to Senate Amendment No. 16 to Section 18, I tern A, Forestry Department.
Your committee amends said Section 18, I tern A, by adding thereto the following proviso:
Provided, that in addition to the above appropriation an additional sum is hereby appropriated of $20,000.00 for the year 19:32 and $20,000.00 for the year 19:33 for the purpose of developing the paper pulp industry in this State, provided that the sum of $50,000.00 is donated from other sources to match the same.

1286

JouRNAL OF THE SENATE,

17-The Senate recedes from its position as to Senate Amendment No. 17 to Section 18, relating to the Forestry Department.
18-The Senate recedes from its position as to Senate Amendment No. 18 to Section 19, relating to the Department of Game and Fish.
19-The Senate recedes from its position as to Senate Amendment No. 19 to Section 2:~, relating to the Department of Horticulture and Entomology.
20-The House agrees to Senate Amendment No. 20 to Section 25, fixing the salary of the State Librarian.
21-The Senate recedes from its position as to Senate Amendment No. 21 relating to the State Library.
22-The House agrees to Senate Amendment No. 22, Subsection (a), of Division A, Part 1, relating to the Military Department.
23-The Senate recedes from its position as to Senate Amendment No. 2:3 to Section :38, relating to the appropriations to Public Buildings and Grounds.
24-The Senate recedes from its position as to Senate Amendment No. 2,1 to Section 42, Part 1, Division A, relating to the Department of Revenue.
25-The Senate recedes from its position as to Senate Amendment No. 25 to Section "11, Subsection (a), relating to the salary of the Secretary of State.
Your committee amends House Bill No. 117 by striking therefrom Section H in its entirety and substituting in lieu thereof a new Section 4"1 to read as follows:

SECTION ,14. SECRET.-\RY OF STATE,

DEPARTMENT OF

(a) :viaintenance ..... .

$ 25,000.00 $ 25,000.00

SATURDAY, AuGusT 22, 1931.

1287

For defraying the expenses incurred in the operations of the offices of Secretary of State and Corporation CommisSIOner.
(b) Maintenance ........... $125,000.00 S125,000.00
For defraying the expenses incurred in the operations of the office of Motor Vehicles CommissiOner.
Provided further, that the official administering the :Motor Vehicle Tax Laws is hereby authorized and directed to pay into the General Fund of the State Treasury 5% of the total net collections derived from the 1\Iotor Vehicle Act . which expense of collection is provided for by the above appropriation.
26-The Senate recedes from its posltlon as to Senate Amendment 1\o. 26 to Section 46, Item A, relating to the Department of State Tax Commissioner.
27-The Senate recedes from its position as to Senate Amendment No. 27 to Section 46, relating to the salary of State Tax Commissioner.
28-The House agrees to Senate Amendment No. 28 to Section 47, Item (b-2) relating to interest on temporary loans.

1288

JouRNAL oF THE SENATE,

29-The Senate recedes from its position as to Senate Amendment No. 29 to Section 50, relating to the Milledgeville State Hospital.
Your committee amends said Section 50, Item A, by adding thereto the following proviso:
Provided, that if the above amount is insufficient for the maintenance of said State Hospital, the Governor is hereby authorized and directed, as a preference, to allocate an additional sum not to exceed $75,000.00 for each of the years 1932 and 1933 from the Emergency Appropriation contained in Section 1, I tern E of this Act.
30-The House agrees to Senate Amendment No. 30 to Section 52, relating to the State Tuberculosis Sanatorium.
31-The Senate recedes from Senate Amendment No. 31 relating to an additional appropriation at the State Tuberculosis Sanatorium at Alto.
32-The Senate recedes from its position as to Senate Amendment No. 32 to Section 52, relating to the State Tuberculosis Sanatorium at Alto.
33-The House agrees to Senate Amendment No. 33 to Section 57, Item A, Prison Farm.
34-The House and Senate both recede from their positions as to Senate Amendment No. 34, Section 67, relating to the Fourth District A. & :M. School at Carrollton. Your committee amends said Section G7 by striking therefrom the figures S15,000.00 for the year 1932 and the figures $15,000.00 for the year 1933 and substituting in lieu thereof the figures $17,500.00 for the year 1932 and $15,000.00 for the year 1933.
35-The House and Senate both recede from their position as to Senate Amendment No. 35 to Section 68 relating to the Georgia Vocational and Trades School at Monroe.

SATURDAY, AucusT 22, 1931.

1289

Your committee amends said Section 68 by striking therefrom the figures $15,000.00 for the year 1932 and $15,000.00 for the year 1933 and substituting in lieu thereof the figures S20,000.00 for the year 1932 and 20,000.00 for the year 19:33.
36-The House and Senate both recede from their position as to Senate Amendment No. 36 to Section 69 relating to the Georgia Industrial College at Barnesville.
Your committee amends said Section 69 by striking therefrom the figures $15,000.00 for the year 1932 and $15,000.00 for the year 1933 and substituting in lieu thereof the figures $20,000.00 for the year 1932 and $20,000.00 for the year 1933.
37-The House and Senate both recede from their positions as to Senate Amendment No. 37 to Section 70, relating to the Seventh District A. & M. School at Powder Springs.
Your committee amends said Section 70 by striking therefrom the figures $15,000.00 for the year 1932 and S15,000.00 for the year 1933 and substituting in lieu thereof the figures S20,000.00 for the year 1932 and $15,000.00 for the year 1933.
38-The Senate recedes from its pos1t10n as to Senate Amendment No. 38 to Section 71, relating to the Eighth District A. & M. School at Madison.
39-The Senate recedes from its position as to Senate Amendment No. 39 to Section 72, relating to the Ninth District A. & M. School at Clarkesville.
40-The House and Senate both recede from their position as to Senate Amendment No. 40 to Section 73 relating to the Tenth District A. & M. School at Granite Hill.
Your committee amends said Section 73 by striking therefrom the figures S15,000.00 for each of the years 1932 and 1933 and substituting in lieu thereof the figures $10,000.00 for the year 1932.

1290

JouRNAL OF THE SENATE,

41-The Senate recedes from its position as to Senate Amendment No. 41 to Section 76 relating to Bowdon State Normal and Industrial College at Bowdon.
42-The Senate recedes from its position as to Senate Amendment No. 42 to Section 80, I tern A, relating to the Medical College at Augusta.
43-The Senate recedes from its position as to Senate Amendment No. 43 to Section 85, relating to Georgia Military College at Milledgeville.
Your committee amends House Bill No. 147 by striking therefrom Section 85 in its entirety.
44-The Senate recedes from its position as to Senate Amendment No. 44 to Part 1, Division F, Section 89, Subsection (a), relating to the expenses of committees visiting chain-gangs in this State.
45-The Senate recedes from its position as to Senate Amendment No. 45 to Part 2, Section 4, Item A, relating to Vocational Education.
46-The Senate recedes from its position as to Senate Amendment No. 46 to Part 2, Section 5, Item A, relating to the Smith-Lever Fund.
47-The Senate recedes from its position as to Senate Amendment No. 47 to Part 2, Section 6, Item A, relating to Prison Farm.
48-The House agrees to Senate Amendment No. 48, Section 8, Part 2, by adding thereto the following provtso: Provided further, that the appropriations made in this Act, except the appropriations made to the Legislative and Judicial Departments of the State; for the payment of the Public Debt and Interest thereof; and for the payments to the various counties of the State to be used exclusively for the maintenance and construction of

SATURDAY, A.ccusT 22, 19:H.

1291

Public Roads, shall not be directly disbursed by the State Treasurer to any obligee of the State Departments, Boards, Commissions, Bureaus, Institutions and Educational interests of the State, but shall be disbursed upon the receipt of an Executive warrant in a lump sum to the official or officials of said Departments, Boards, Commissions, Bureaus, Institutions and Educational interests of the State who are designated to receive and disburse or to control the receipts and disbursements of funds, who will in turn make the payments which are due the obligees of the State.
49-The Senate recedes from its posltlon as to Senate Amendment No. 49 to Division C, Section 60, Item A, relating to the Georgia Experiment Station at Griffin.
50-Your committee amends House Bill No. !.17, Section 89, Paragraph 12 by striking therefrom the sum of $5,000.00 and substituting in lieu the sum of $7,500.00 with the following proviso:
Provided, however, that the sum of S3,500.00 of said sum of $7,500.00 be immediately available for the payment of printing, stationery and incidental expenses of the General Assembly for the regular session of the year 1931.
51-Your committee further amends House Bill No. 147, Section 89, Paragraph 13, by striking therefrom the figures 85,000.00 and substituting in lieu thereof the figures $6,500.00 and adds the following proviso:
Provided, however, that the sum of $1,500.00 or so much as may be necessary of said $6,500.00 be immediately available to pay the expenses of

1292

JouRNAL oF THE SENATE,

committees already incurred during the regular session of 1931 of the General Assembly.
Respectfully submitted,
DEKLE of the 6th District, HAND of the 8th District, FowLER of the 39th District,
CuLPEPPER of Fayette, CRoWE of Worth, DuNCAN of Houston.
Senator Dekle of the 6th District moved that the report of the Conference Committee on House Bill No. 147, the General Appropriation Bill, be agreed to and the motion prevailed, and the report was adopted.

The following message was received from the House through l\Ir. Kingery, the Clerk thereof:
Mr. President: The House has adopted the report of the Committee
of Conference on the following bill of the House, to-wit:
By Mr. Culpepper of FayetteHouse Bill No. 147. A bill known as the General Ap-
propriations Bill.

The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The Speaker has appointed as a committee on the part of the House under the provisions of House Resolution No. 110, the following members of the House, to-wit:

SATURDAY, AuGusT 22, 1931.
Messrs. Bland of Stewart, James of Jones, Mardre of Thomas, Adams of Towns, Lindsay of DeKalb.

1293

The following message was""'received from the House through Mr. Kingery, the Clerk thereof:
Mr. President: The Speaker has appointed as a committee on the part
of the House under the provisions of House Resolution ~o. 100, the following members of the House, to-wit:
l\1essrs. Davis of Floyd, Mixon of Irwin,
Hubbard of Habersham.

The following resolution was read and adopted:
By Senator Harris of the 18th District-
Senate Resolution No. 74-A. Be it resolved by the Senate, the House concurring, that the President of the Senate appoint a committee of two and the Speaker of the House appoint a committee of three to wait upon His Excellency, the Governor, and notify His Excellency that the General Assembly has completed the business of the session, and stands ready to adjourn sine die.
Pursuant to the above resolution, the President appointed as a committee on the part of the Senate, the following:
Senators Harris of the 18th District,
West of the 11th District.

1294

JouRNAL oF THE SENATE,

The following resolution was read and adopted:

By Senator Harris of the 18th District-
Senate Resolution No. 74-B. Be it resolved by the Senate that the House be notified that the Senate has completed the business of the session and is now ready to adjourn sine die.

The following resolution was read and adopted:

By Senator Harris of the 18th-
Senate Resolution ~o. 75. Be it resolved by the Senate, the House concurring, that the General Assembly do now adjourn sine die.

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

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

By Senator Harris of the 18th District-
Senate Resolution No. 75. A resolution that the General Assembly do now adjourn sine die.

The President announced that the Senate now stood adjourned sine die.

INDEX

1295

TO SENATE JOURNAL REGULAR SESSION
1931

SENATE BILLS AND RESOLUTIONS.

Figures in right hand column indicate number of page. Figures in left hand column indicate number of Bills and Resolutions.

A

AERONAUTIOS-

172-0reate Board of Aeronautics_________ _

942

ALCOHOLIC LIQUORS111-Regulate ________________________ 558,693,701,995,1001,1052,1079

APPLES, PEAOHES167-Regulategrading___________________________ 895,941,997,984,994

APPOINTMENTS-

By Governor L. G. Hardman _________________________ _

99

By Governor Richard B. Russell, Jr. _______________ _469,687,845,1212

ATLANTA SANITARY DISTRIOT65-0reate Atlanta Sanitary District _____________ 383, 620,']23,636,652

B
BALLOT28-Amend Act of August 21st, 1922, secret ballot ____ _

263,651

BANKING-

17-Regulate Banking___________________________ 135,275,276,292,338

105-Repeal Banking Laws____________________________

528

131-Regulate Banking_______________________________

619

BARBERS136--Regulate occupation of_ ___________________ 676, 746,755,821,852

BOARD OF EDUOATION45-Qualification of three members of Board _________ 336,419,424,448

BOXING-

161-Regulate________________________________________ _

835

1296

INDEX

BUDGETS126-Provide for monthly budgets _______________ 602,675,676, 708,716
BUlLDING AND LOAN ASSOCIATIONSSO-Authorize minors to buy stock ______________ _419,474,478,524,562
BURIAL ASSOCIATIONS, see Life Insurance Companies, Fraternal organizations57-Create Burial Associations ___________________ 359, 510,511,526,923 90-Regulate settlement of losses _____ _472,590, 714,716,999,1000,1037
BUSES, see Motor Vehicles.
c

CENTURY OF PROGRESS COMMISSION, see Resolutions-

Chicago Exposition _______ _

455,462

CHIROPODY-53--Regulatepracticeof _________________________ 344,452,456,520,562 82-Regulate practice oL ________________________ 440,529,537 ,568,578

CHARTERS, Municipal-
114-Alpharetta____________________ 559, 633,634,658,662,676,1038,1162 115--Atlanta_____________________________ 559,621,623,636,652,810,854 137-Atlanta_______________________________ 700,729,734,757,1274,1279 152-Atlanta_________________________________ 797,853,854,886,890,923 153--Atlanta_____________________________________ 797,897,905,954,962 154-Atlanta________________________________ 797,807,830,868,895,1161 159--Claxton________________________________ 835,886,889,906,944,1161 123--Decatur __________________________ 602,621,623,637,652,1246,1248
24-Edison _________________________________ 262,373,375,388,502,514 87-Hiram____________________________ 440,529,537,565,576,1015,1106 164-Louisville______________________________ 852,886,889,906,944,1105
37-McDonough ____________________________ 268,346,347,367,485,514 68--Monroe_____________________ 402,455,456,564,576,909,944,866,995 121-MountainPark ___________________ 591,633,635,659,676,1106,1015 127-Toccoa_________________________________ 602,733,734,749,808,1106 130-Valdosta___________________________________ 619,733,734,749,1106

CLEMENCY CASEs-

Message from Governor L. G. Hardman ______________ _

29

CODE OF GEORGIA OF 1932Senate Resolution 43____ __ _____ ______ __ ___ ________ __ _ 473,529,568

INDEX

1297

OODE AMENDMENTS-

9-Judgment without jury_________________________

ll!'i

13-Feed ingredients, section 2112 __________ 116,289,291,338,838, 887

31-Tax lien; release part of property upon payment tax ______________________ 267,372,375,390,431,837,1174,1225,1277

36---Term of County Judges; section 4775 (c) Park's Code __________________________________________ 268,346,347,367

40-Widows Pensions; section 1482 penal code_______ 273,452,456,517

44-Judges, disqualification of ; section 4642 Park's Code____________________________________________

288,420

51-0yster beds; section 1946____ 344,442,444,448,597,603,609,668,676 56---Lawful interest, section 3426_______________ 345 ,363, 808,923,1106

61-Railroad trains, where tracks cross; section

2687 ______ -

_______________ 360,453,456,520,562,1191,1205

84-Child abandonment; section 116__ ______ ________

440

93-Who competent to testifY; section 5858___________ 473,1107,1131

109-Judges, disqualification of; section 4642 Park's

Code_ ____ ___________ __________________________

529

113-Naval Stores, Inspectors; section 1815___________ 559, 577,581,614

122-Child abandonment; section 116.591,714,716,995,1001,1002, lOll 128--Marriage Licenses, section 2936______________ 617, 746,756,830,853

142-Fire Inspectors; section 2412 Park's Code ______ 713,853,867,953, 954,962

144-Persons subject to road duty; section 695 ___ 713,774,790,791,872,

895,1162 156---Persons subject to road duty_______________ 799,862,876, 960,979,
1225

160-State Depositories, security; section 1256___835, 875,896,905,908, 944,1229,1270
174--Road duties suspended; section 70L ______ 942,963,978,979,1013

CODE COMMISSION-

Report as to the "Code of Georgia of 1932" __________ _

135

COMMITTEE, CONFERENCE-

On Senate Bill18___ _________ __ ____ __ _______ ___ ______ _

882

On Senate Bill31_____________________________________

1227

On Senate Bill 92_____________________________________ 1064, 1247,1273

On House Bill14L ______________________________ 1072,1143, 1186,1268

On House Bill 155___ __________________________________

1204

On House Bill 194__ ___________________________________

1136

On House Resolution 110_____________________________

1227

COMMITTEE, CONSERVATION-

N arne of Committee on Forestry change to ___________ _

20

COMMITTEE, FORESTRY-

Name of changed to Committee on Conservation_____ _

20

1298

INDEX

COMMITTEE, HIGHWAYS-
Name changed to Committee on Highwa.vs and Public Roads__ ___ _________________ .. _______________________ _

COMMITTEE, PUBLIC UTILITIESName of Committee on Railroads changed to _________ _

COMMITTEE, RAILROADSName changed to Committee on Public Utilities______ _

COMMITTEE, SPECIAL--Escort President of Senate__ . ________________________ _
Escort Secretary of Senate___________________________ _ Escort President pro tern. ___________________________ _

Select a Chaplain-----------------------------------Notify Governor that General Assembl.v has convened_
Notify Governor that Senate has organized __________ _ Escort Governor ____________________________________ _

Inauguration_____

______________________ _

Count and consolidate vote _________________________ _

Escort Governor-elect________________________________ _

Escort Governor_ _____________________________________ _

Consider invitation from City of Athens_____________ _

Memorial exercises, Dr. Paul Fitzsimmons Eve________ _

Neill-Traylor Highway Act ___________________________ _

Escort United States Senator Walter F. George_______ _

Investigate Legislative and Judicial Branches of State Government______________________ _________________ _

Investigate Department of Agriculture _______________ _ Re-write the School Code_____ __________________ _ Investigate the A. and M. Schools ___________________ _

COMMITTEE, UNIVERSITY OF GEORGIA-
Name changed to University of Georgia and its Branches____________________ ____________________ _

COMMITTEES, STANDINGAssignments to_______________ _

COMMUNICATIONS RECEIVEDGeorgia Training Schools for Girls___________________ _

Atlanta Apartment House Owners Association _______ _

Masonic Orphans Home__

__________________ _

Hon. J. Phil. Campbell, Auditor Department of Extension Work__________________ _____________________ _

Senator Whitehurst of the 21st district ______________ _

Hon. Eugene Talmadge, Commissioner of Agriculture _________________________________________________ _

20
20
20
13 14 16 16 17 17 19 20 26 96 132 260 389 490 540
417 449 1224 1277
20
243
257 257 399
703 690,848
BOO

INDEX

1299

B. W. Mauldin, Trustee Cairo School District ________ _ Farmers of Jenkins County _________________________ _ Hon. W. C. Vereen___________________________________ _
Senator Bennett of the 5th district __________________ _ Scott T. Beaton _______________ _

1009 1056 1135 1249 1252

COMPETITION IN TRADE148-Prohibit unfair competition ___ _

743,863,875

CONSTITUTIONAL AMENDMENTS-

8-Number of Senators, Senatorial Districts___ 24,348,374,378,431,

432,437,438,609,620,1209 2D-Employment cif County Agricultural and Home
Economics Extension Workers ______________ 262,346,347 ,36.5, 367

32-Constitutional Convention______________________

267

33-Classification of Intangible property and Forest Lands ________________________________ 267,422,434,866,1174,1189

34-Lieutenant Governor ______________ 268,506,509,548,561,563,604

52-County indebtedness for Highway construction, assumption of________ 344,557,561,598,640,645,663,676,1105,1199

58-School district consolidation, bonds_______ 359, 374,375,394, 1209

59--Boards of Education to contract with each other ______________________________________ 359,374,375,397,1209

78-Pensions to Widows of Confederate soldiers404,454,456,517,552 94-State School Commissioner____________ _473, 692,710,820,821,835

95-Limit powers of taxation of General Assembly _____ 473,506,510,

107-Authorize Governor to issue bonds______________

570,578 528

lOB-Authorize Governor to issue bonds______________

528,129

129--Number of Senators, Senatorial Districts ______ 617, 693,710,995,

1002,1037 132-First term in Supreme and Appellate Courts ___ 619,693,710,995,

1005,1026,1029,1060

155-Bonds to build Public Utilities, municipalities__

797

Senate Resolution No.8. Time of meeting of General Assembly______________________ 25,268,275,277,350,356,1188,1226

Senate Resolution No. 60. Justice Courts, Richmond County, abolish______________ 993,996, 1012,1023,1060,1207

CONTRACTORS41-Create State Board of Examiners__________ 274,714,716,995,1031,
1033,1079

CORONERS162-Increase fees, Coroners, Jurors and Constables835,945,948,984, 994

1300

INDEX

CORPORATIONS-

139-Require corporations to register ________________ _

700

COUNTIES-

25-Carroll, Tax Receiver, Tax Collector, consolidate offices__________________________________ 263,389,420,425,581,604

163-Colquitt, County Treasurer, to abolish____ 852,887,889,905,944, 1084,1163
89-Crisp, Power Commission________________________ 472,790,791

120-Dade, County Treasurer ___ 591, 784,785,830,834,835,841,862,1161 4-Grady, abolish Tax Receiver, Tax Collector; create Tax Commissioner _______23, 290,291,337,484,815,883,900,923,995

117-Habersham, Commissioner Roads and Revenues____________________________________ 576, 621,623,637,652,867

101-Henry, Commissioner Roads and Revenues ____ 505,560,562,582,

603,656,722

178-jefferson, Commissioner Roads and Revenues ___993,1013,1064,

1090,1107

67-Liberty, abolish 'Tax Receiver, Tax Collector;

create Tax Commissioner________________________

383,513

158-Lowndes, Consolidate Tax Receiver, Tax Collector_______________________________ 814,835,887,890,923,1084,1163

104-Lumpkin, abolish Tax Receiver, Tax Collector; create Tax Commissioner ______________ 527 ,560,562,582,603,1161

157-Milton, abolish Tax Receiver, Tax Collector;

create Tax Commissioner _________ 799,863,867,906,944,1084,1173

75-Mitchell, County Treasurer_ .. ________ ________ ___

403,1082

73-Mitchell, Tax Receiver, Tax Collector, abolish; create Tax Commissioner _______ 403,443,444,458, 700,711,716,744

149-Muscogee, Commissioners Roads and Revenues, time of meeting________________________ 743, 790,791,812,853,1161

150-Muscogee, Asylum for the Poor, abolish743, 790,791,811,853,1105 54-Paulding, Commissioner Roads and Revenues_344,361,362,376,
485,514

3D-Towns, County Treasurer, Salary basis_266,290,291,337,484,514 69-Walton, Tax Receiver, Tax Collector, abolish;
create Tax Commissioner_ _____ .402,506,513,564,837, 909,944,995

12-Repayment of expenditures to build roads_______ 19-Repayment of expenditures to build roads_______

116,729 261,648

72-County officials to designate banks, require bond 77-County police, criminal warrants to sheriffs_____

403 404,1082

COURTS, CITY, COUNTY48-Judges, salary, section 4775 (d) Park's Code ____ 343,374,375,394,
1163 5-Cairo, City Court, salary of Judge___________ 23,274,276,291,292

INDEX

1301

76-Camilla, City Court ____________________ _403 ,443 ,444, 458,694,744 74--Pelham, CitY Court____________________ _403,443,444,458,694, 744 125-Valdosta, City Court ___________________ 602,650,657, 677,693,866

COURTS, SUPERIOR88-Grady, time of holding ____________________ _451,578,582,593,604
135-Pataula Judicial Circuit, fee system ___ 639,650,657,662,676,684, 695,1208
23-Trial first term, when no issuable defensefiled_262,372,376,390 15-Muscogee, time of holding ______________ 134,274,276,292 ,484,514

COURTS, SUPREME, APPELLATE102-Bill of Exceptions, time of filing ____________ 515, 746,756,829,853

CRIMINAL IDENTIFICATION-

7D---Create State Bureau oL ________________________ _

402

D
DEEDS99-Recitals in, prima facie evidence of compliance with terms __________________________________ 505,651,657,687,693

DEER86-Prohibit shooting__________________________ _440 ,506, 511,569,578
DEPOSITORIES, STATE16D---Security to be given by _______ 835,875,896, 905,908,944,1229,1270
DENTISTS17D---Registration of Dental licenses __________ 942, 971,1012,1050,1079
DISTRESS WARRANTS169-Bond, property levied on ________________________ 895,1079,1088

E
EDUCATION, See SCHOOLS-
ELECTRIC FANSSenate Resolution 31, Investigate ___________________ 289,405,462, 1061
EXECUTIVE SESSIONS ____________________ 98, 112,463,469,687,845,1211
EXECUTORS52-Abolish coillillon law rule as to__________________ 370,420,424,448

F
FEES83-Fees paid State Officers ____________________ 440,477,495,569,578

1302

INDEX

FERTILIZER TAX TAGS151-Section 1793, Code of 1926________________________ 754,809,811

FIRE ARMS179-Prohibit Machine Guns, sawed off shot guns ____ 1036,1110,1131

FORESTRYForestry laws, revise _______________ _

____ 701,730,734,819,820,853

FRATERNAL ASSOCIATIONS112-Regulate___________________________________ 559,888,983,984,994

FUEL DISTRIBUTORS42-Amend Act of August 24, 1925 _________ 274,361,362,379,380,854

G

GAME AND FISH1Q---County Game Warden, abolish _____ ll5,384,388,413,546,563,718,

757,854 16--Seines______________________________ 135,346,384,388,414,417,547

18-Protect Game, Fish, Birds, Fur-bearing animals_______________________ 135,506,511,547,563,882,866,900,1108

22-Protect Game, Fish, Birds, Fur-bearing animals_

262

35-Section 23, Act 427, August 28, 1925____268,442,444,464,468,502,

516,539,541,545,563,1174,1160

38-State Board of Game and Fish _________ 273,442,445,468,516,562

39-License fee, trapping _________ .. __________________

273

147-Fish baskets, wire _______________ 743, 783,791,999,1008,1011,1209

GAVEL-

Presented by Atlanta Womans Club _________________ _

224

Presented bY Boy Scouts of Meansville ______________ _

493

GEORGIA SECURITIES COMMISSION29-A-Amend laws as to _________________________ 266,529,537 ,569,578

GOVERNMENT98-Regulate expenses of State Employees __496,560,562,598,599,604
H HIGHWAYS, see Roads-
IDGHWAY BOARD (STATE)141-Number of members oL _______________________ 702,708,729,1099

IDGHWAY DEPARTMENT7-To reorganize the________________________________ 24,862,867 21-To reorganize the ___________________________ 262,363,561,567, 578
26--Venue, suits at law, equity_____________________ 263,360,362,378

INDEX

1303

HOG CHOLERA SERUM106-Distribution oL ____________________________ -- _--

528,577

I

INAUGURATION-

Program _____________________________________________ _

25

Exercises, address of Governor Richard B. Russell, -Jr._

117

INTEREST11-Re~laterateof _______________________________ 115,377,428,1166

56-Lawfl.ll interest, section 3426 of Code ______ 345,363,808,923,1106

INVITATIONS, RECEIVED-

From Governor Richard B. Russell Jr., reception at

executive mansion ______________________________ _

112

From City of Athens ________________________________ _

260

From Hon. Arlie D. Tucker, Speaker of the House, to

attend a barbecue_------------------------------

285

To attend memorial exercises at Augusta in honor of

Dr. Paul Fitzsimmons Eve ______________________ _

339

From Atlanta Womans Club _________________________ _

437

From Druid Hills Baptist Church ___________________ _

437

To attend Holiness camp meeting at Indian Springs __

986

To attend Yorktown Sesquicentennial celebration___ _

1072

From citizens of Forsyth to attend National Highway

Beautification meeting _________________________ _

1183

INVITATIONS, EXTENDEDTo Brotherhood of Locomotive Firemen and Enginemen To Governor Franklin D. Roosevelt __________________ _
To United States Senator Walter F. George. _________ _

97 260,285
265

J

JOINT SESSIONS-

Canvass vote for Governor and other constitutional

officers _________________________________________ _

26

To hear message of Governor L. G. Hardman ________ _

100

Inaugurate Governor Richard B. Russell Jr. ________ _

117

To hear message of Governor Richard B. Russell Jr. __

225

To hear address of United States Senator Walter F.

George _________________________________________ _

615

To hear message of Governor Richard B. Russell Jr. __

687

JURIES-

9-Judgment without __________ ---------- _________ _

115

L
LIFE INSURANCE91-Compensation from undertakers prohibited _________________________________ 472,590,716,718,1000,1011

1304

INDEX

M
MARRIAGE103-Remove disabilities to re-marriage___________ 527 ,651, 657,689,693 128--Licenses, section 2936 of Code ______________ 617, 746,756,830,853

MESSAGES, from Governor L. G. Hardman-

Sealed communication _______________________________ _

28

Clemency cases, pardons, paroles ____________________ _

29

Annual message _____________________________________ _

101

MESSAGES, from Governor Richard B. Russell Jr.-
On State of the Commonwealth _____________________ _ Budget message _____________________________________ _ Appointment ________________________________________ _ Appointments _______________________________________ _

225 279 463 469,687

MESSAGES, FROM HOUSE-_18, 19, 28, 95, 98, 134, 276, 289, 340, 361, 384, 385, 386, 410, 423, 463, 480, 501, 518, 558, 578, 592, 604, 617, 633, 638, 652, 656, 694, 695, 698, 699, 717, 718, 733, 746, 747, 788, 809, 837, 838, 864, 865, 866, 899, 900, 901, 902, 946, 974, 1014, 1015, 1016, 1017, 1019, 1037, 1038, 1039, 1062, 1077, 1082, 1083, 1084, 1102, 1105, 1107, 1111, 1158, 1159, 1160, 1187, 1188, 1189, 1190, 1191, 1207, 1208, 1224, 1225, 1228, 1229, 1230, 1231, 1248, 1272, 1274, 1276, 1277, 1278, 1279,1280,1292,1293,1294

MECHANICS LIEN LAW-
116-Protect contractors, material men, laborers and others ______________________________ 576,603,607,640,708,724,742

MILITARY AFFAIRS29-Reorganization of Military forces _______ 263,371,375,390,695, 744

MILK-

146-Regulate sale oL _______________________________ _

734

MOTOR CARRIERS, VEIDCLES-
49-Automobiles, licenses operators oL __ 343,944,948,1092,1093,1107 6G-Motor Vehicle Law, amend____ 360,474,480,519,899,996,1033,1060 66-Motor Vehicle Law, amend_____________ 383,560,561 ,598,604,1228 96-Common carriers, regulate ____________ _473,646, 729,821,852,1229 97-Motor Vehicles, regulate ______________ _473,646, 729,824,826,995,
1029,1031,1033,1079

INDEX

1305

0

ORGANIZATION OF THE SENATE-

President of the Senate _____________________________ _

12

Secretary of the Senate______________________________ _

13

Doorkeeper __________________________________________ _

14

~essenger ___________________________________________ _

15

President pro tempore_______________________________ _

15

Chaplain ____________________________________________ _

17

Assistants to the Secretary of the Senate____________ _

112

p

PARENTAL SUPPORT OF CHILDREN118-Toenforce__________________________________ 591,651,657,689,693

PARTY ORGANIZATION-
134-Regulate where electoral vote less than 100,000 ______________________________________ 619,647,675,687,695

PERSONAL PRIVILEGE-

Senator Harris of the 18th district___________________ _

462

Senator Williams of the 27th district _________________ _

846

Senator Watson of the 3rd district ___________________ _

848

POINT OF ORDER-

Senator Williams of the 27th district, as to Senate

Resolution No. 24 _______________________________ _

259

PRACTICE OF LAW2-Regulate admission to _______________________ 23,269,270,278,354
3-Regulate practice of law _____ 23,269,270,278,356,363, 364,695,744 165-Prevent abatement of actions ex-delicto where
tort feasor dies ___________________________ 861,897,905,1054,1079

PRESIDENTIAL PRIMARIES1-To define; to provide for candidates__23,540,558,564,586,595,604

PRESENTATIONS-

To the President of the Senate ______________________ _

1250

To the President pro tern. ___________________________ _

1251

To the Secretary ____________________________________ _

1251

To the attachees _____________________________________ _

1251

PUBLIC HEALTHloo--Regulate dwellings, buildings __________________ _

505,590

PUBLIC LIBRARY-
43-Regulate distribution of Acts of General Assembly _______________________________ 274,372,375,392,537,578

1306

INDEX

PUBLIC UTILITIES-

119-Time limit for recovery, intra-state shipments ___________________________________ 591,649,6~7,686,693

177-Construction of by County, Town or City__ ____

972

171-File inventory of properties____

942,971,1060

PUBLIC WELFARE, State Board of145-Amend Act creating

__ 714,888,889,984,994

Q

QUASI PUBLIC CORPORATIONS53-Financial reports to State Auditor_ _________ 370,474,479,520,562

R

RAILROADS51-Railroad trains, regulate operation_360,453,456,520,562,1191,1205

RE-APPORTIONMENT92-Re-apportion the Congressional Districts __ .472, 514, 538, 626, 631,748, 1055,108~. 1230,1276

REGISTRATION, of voters138-Certificates oL __ __ 79-Counties embracing a city of more than 200,000_ --- -----

700,744,745,829,852 .410,714,715,827,862

REORGANIZATION46-Simplify operations of executive branch of State Government ___ _

336,350

REPORTS OF COMMITTEES:

AGRICULTURE____

_______ 289,808,888,976

AMENDMENTS TO THE CONSTITUTION __ 275, 346, 373, 422, 443,

453, 509, 560, 625, 692,

790, 978, lOll, 1106, 1208

AMMENDMENTS TO THE CONSTITUTION minority

report on House Bill 13_

625

APPROPRIATIONS _________ _ BANKS AND BANKING_

------ ----------- 712,715,1106 275,728,896,922,1137

COMMERCE AND LABOR

451

CONFERENCE--

On Senate Bill No. 18_______________________ _

1093

On Senate Bill No. 31_______ ______________

1241

On Senate Bill No. 92 ____________________________ 1247 ,1273,1275

On House Bill No. 147_______________

1257,1280

On House Bill No. 155_ ___

1238

INDEX

1307

OnHouseBillNo.l94______________ _____________

1231

On House Resolution No. llO_____________________

1244

CONSERVATION____________________________________ 577,730,1253

CORPORATIONS ________ 454,539, 732,807,853,896, 922,108l,ll09,1163

COUNTIES, AND COUNTY MATTERS __ 290, 360, 420, 442, 512, 513,

562, 620, 631, 649, 691, 694,

731, 745, 784, 790, 863, 887,

898, 977, 1012, 1079, 1082

DRAINAGE__________________________________________

1225

EDUCATION ______________ 346, 510,512,945,962,1036,1078,1158,1166

EDUCATION minority report on House Bill No. L

1198

ENGROSSING_____

562, 563, 576, 578, 603, 604, 620, 631, 652,

676, 693, 716, 808, 837, 852, 853, 862, 895,

923, 944, 962, 979, 994, lOll, 1037, 1060,

1079,1107,1192 ENROLLMENT _______________ 514, 604,647,744,854,886,994,1106,1162

FINANCE__________

_______ 361,478,479, 863,1011,1080,1165

GAME AND FISH ___ 384,441,452,511,538,603,730,783,787,1061,1109

GENERAL JUDICIARY NO. l __ 269,372,441,602,745,921,974,1110,1139

GENERAL JUDICIARY NO. 2 _ ____ 360, 419, 478, 536, 651, 716, 783,

862,897,1078,1164,1207 HYGIENE AND SANITATION ___________ ___ _452,537,577,1012

HIGHWAYS AND PUBLIC ROADS ___ 476, 479, 561, 648, 649, 729,

862,899,944,1081,1165

INSURANCE_______ ______ __ __ ________ __ __ __ ______

510,511,853

INSURANCE minority report on Senate Bill No. 57___

511

MANUFACTURES____________________________________

591

MILITARY AFFAIRS_________

_ 371,1059,1164

MUNICIPAL GOVERNMENT_ 373, 421, 451, 454, 537, 538, 539, 563,

620, 632, 649, 651, 652, 729, 732, 744,

806, 836, 852, 886, 897, 978, 994, 1037,

1061,1077,1110,1138,1165

PENSIONS______ ________________ _

452,1081

PRIVILEGES AND ELECTIONS ______ _

PUBLIC LIBRARY ________ _

PUBLIC PROPERTY________ ___________ _

PUBLIC UTILITIES

________________ _

RULES ____________________ _

_564,675,692,714,745 371,783
405,418,1061 453,649,1059
439,557,995

SPECIAL-

Consolidating the vote for Governor and other

constitutional officers________________________

27

Select a Chaplain________________________________

17

Investigating Department of Agriculture _______ _496,499, 723,757

Re-apportionment___________ __________ ________

538,922

1308

INDEX

Reorganization, examining personel and expenses

of Boards, Bureaus___________________________

295,336

Investigating Legislative and Judicial branches

of State Government_________________________

631

SPECIAL JUDICIARY _____ 274, 346, 374, 420, 422, 511, 578, 633, 650,

675,715,730,836,945,961,1013,1108,1192

STATE OF THE REPUBLIC __ 393, 419, 421, 455, 477, 478, 561, 674,

807,888,1078,1110

STATE SANITARIUM_________ ____ ______ _________ __

977

TEMPERANCE_______________________________________

693

TRAINING SCHOOLS_______________________________

576

UNIVERSITY OF GEORGIA AND ITS BRANCHES ___________________________ _496, 1060,1137,1163,1279

WESTERN AND ATLANTIC RAILROAD____________ 782,898,942

ROAD DUTY144-Enumerating persons liable________ 713, 774,790,791,872,895,1162 174-Suspension oL ____________________________ 942,963,978,979, 1013

ROADS, STATE-

166-Providing system of State Roads ________ 885, 905, 908, 944, 995,

1005, 1008, 1010, 1060

168-Method of letting contracts______________________

895

RULES-

Standing rules of preceding session adopted for this

session _________________________________________ _

20

s

SALARIES133-Reduce salaries of State employees_________ 619,675,677, 711,723,
763,775

SAVANNAH RIVER NAVIGATION COMMISSION143-Create the _________________________________ .713,808,812,961,979
SCHOOL COMMISSIONER (STATE), see Constitutional Amendments.

SCHOOLS47-Valdosta, Public School system_________ 338,363,373,376, 647,634 85- Kindergartens__ ______ . _________________ . ______ _4110, 506,569, 578
110-Georgia Training School for colored girls ______ 529,577 ,581, 613, 614,620
173-Boards of Education, funds supplemented __ 942,986,1013,1026, 1079

SCHOOL CODE6-Amend Act to codify ___________________ _

_24,346,347,364

INDEX

1309

SECRETARY OF STATE-

Certification of Senators-elect_______________________ _

3

SENATORS-ELECT-

Certification by Secretary of State___________________ _

3

Senators elected since last general election___________ _

11

Oath of office administered to_________________ _

12

T

TAXES, TAXATION-

14-Authorizing payment of, ratably by owner or owner of securitY deed __________________________ _

116,479

31-Authorizing payment of, ratably by owner or

owner of security deed ___ 267 ,372,375,390,431,837,1174,1225,1277

50-Exempting civic, educational and charitable in-

stitutions__________ __

______ _______ 344,474,479,519,562

55-Exempting fuels used in farm tractors___________ 345,648,876

175-Amend Act as to taxes on net incomes___________

972,1011

176-Exempting property of Womans Clubs ______ 972, 1011,1025,1100,

1126,1127,1162

TAX ASSESSORS124-Permit meeting Aprillst to August 1st________ 602,621,623,669, 676,1209

TRIBUTES TO OFFICERS OF THE SENATEAddress of Senator Williams of the 27th district Address of Senator Johnson of the 42nd district_ ___ _ Address of Senator McKenzie of the 48th district ___ _
u

1253 1253 1253

UNDERTAKERS, see LIFE INSURANCE.

UNITED STATES SENATOR WILLIAM J. HARRIS-

Address to the Senate_______________________________ _

357

UNIVERSITY OF GEORGIA AND ITS BRANCHES-
64-Georgia State Womans College at Valdosta, borrowmoney ______________________________ 383,495,496,521,562

81-Abolish certain branches of the University system __________________________________________ _

419,1279

w

WESTERN AND ATLANTIC RAILROAD COMMISSION-

Final Report_________________________________________ _

140

WILLS, see EXECUTORS.

1310

INDEX

WORKMEN'S COMPENSATION27-To amend __________________ 263,451 ,456,491,492,499,503, 504,562 71-To amend _____________________________ _403,451 ,456,462,520,562

SENATE RESOLUTIONS

1-To select a Chaplain________________________________

16

2-To notify House that Senate is organized___________ 3-To notify Governor that Senate is organized________ 4-Joint Session to canvass the vote___________________

17 17,19
18

5-Joint Session message or Governor_________________ 6-Inaugural committee________________________________ 7-American Legislators Association_________ _________

18 20,28
24

8-Time of meeting of General Assembly______ 25,268,275,277 ,350,356,

9-Escort Governor-elect______ _ 10---See Privileged Resolutions _________________________ _

11-See Privileged Resolutions ___ . _____________________ _

12-Brotherhood of Locomotive Firemen and Enginemen_ ___ __________________________________________ _

13-See Privileged Resolutions _____________________ . ___ _

14-See Privileged Resolutions____________

________ _

15-See Privileged Resolutions___________________________

1188,1226 96 96 97
&7
115 115 115

16-Relieve D. Coolik as surety_____________

____ 116,425, 838,887

17-Commission to consider Sound Teachers' Retire-

ment Laws_

__________________________ 116,505,512,572

18-Joint Session___ _

_____________________

132,134

19-See Privileged Resolutions_____

___________

132

20- Co-operative Extension Agricultural Work ________ 133,290,339,865

21-See Privileged Resolutions__________________________

132

22-See Privileged Resolutions_____ ____________________

133

23-See Privileged Resolutions__________________________

133

24-Appointment of Senate attachees___ _______ _______

134

25-See Privileged Resolutions_______________ __________

133

26-Committee to consider invitation from the City or

Athens___

__ __ __ _______ ____ _ _____ __ ___ __ ____ __

260

27--Inviting Governor Franklin D. Roosevelt or New York to address the General Assembly____________ 260,276,285

28-Inviting United States Senator Walter F. George to

address the General Assembly__

_____________

265

29-In appreciation of Mrs. Dosia Head Brooks___

266,289

30-To investigate Judicial and Legislative branches___ 287,393,631

31-Electric Fans

___________________ 289,405,462, 1061

32-Dr. Paul Fitzsimmons Eve_ __________

339

33-That Senators refund 15% of compensation _______

345,422

34-0ld Blue Springs Road_ _

_____________ 370,560,597,1162

INDEX

1311

35-Endorsing Edgar B. Dunlap for Legion Commander_

370

36-That State Auditor report to Senate expenditures

of each Department, Board and Bureau______ _

370,377,504

37-Survey the University of Georgia and its Branches

with view to reorganization of the University system

404,429

38-Prepare amendment to Neill-Traylor Highway Act .

405

39-0n the death of Congressman Charles G. Edwards

428

40----Investigate expenses of Department of Agriculture

429

41-Committee on Rules empowered to fix daily calen-

dar. ______ ____________ _

438

42-Chicago Exposition, Century of Progress Commis-

sion_ _______

___ _ ___ _

441,455,462,788

43-Providing for adoption of Code of Georgia of 1932 _ 473,529,568

44-Joint Session to hear address of United States SenatorWalterF.George _____ ___________

540,592

45-Thanking State Auditor Tom Wisdom____

540

46-In.-estigate Department of Agriculture __ _

541

47-State Agricultural College

573

48-Relieve J. F. Wilkinson as surety___

_576,746,756,810,853

49-That Director of Extension Work of State College

of Agriculture submit statement of expenditures

638

50-Ratifying action of Western and Atlantic Railroad

Commission as to depot site in Atlanta____ 701,7:!1,782,828,837,

1076, 1155, 1192

51-Tribute to Stephen Malton Babcock _____ _

721

52-That Senate reconvene at three o'clock each after-

noon_____________________________________

726

53-Abrogating rule fixing hour of adjournment _

766

54-To accept apology of Commissioner Eugene Tal-

madge_____________________________________

801

55-Require that charges made against eight Senators on August 8th, 1931 be proven_____________

846,877

56--0pposing sale by Federal Farm Board of cotton to

Germany_________________________________

__861, 888,891,1038

57-Celebrate two hundredth anniversary of Georgia

885,1159

58-Commending United States Senator William J.

Harris for efforts to prevent sale of cotton to Ger-

many______________________________

895

59-Authorize Military Department to supplement ap-

propriation by one half Riot Duty Fund _______ 982,1054,1059,1091,

1107' 1207 60-Abolish Justice Courts in Richmond County __ 993,996,1012,1023,

1060,1207

61-Making the brown thrasher the official bird of Georgia_______________________ ___________________ _

994,1079

1312

INDEX

62-Requesting Governor, U. S. Senators and Congress-

man, of Georgia to attend meeting at New Orleans,

August 21, 1931, called bY Governor Long of

Louisiana _________________________________________ _

1064

63-Wishing Senator Bennett of the 5th district early

recovery from illness________________________________

1064

64-Expressing regret and sympathy on illness of Hon.

E. B. Dykes________________________________________

1074

65-Thanking Dr. Vaux Owens, manager of U. S. Veter-

rans Bureau for his interest in hospitalization of

Hon. E. B. Dykes___________________________________

1075

66-Relieve J. M. Griner ________________________________ 1075, 1108,1131

67-Issue warrants to pay past due appropriations to ~'"" ~~

common schools _____________________ l075,1101,1107,1123,1126,1162

68-Requesting Governor to institute suit to recover

certain sums spent by Hon. Eugene Talmadge,

Commissioner of Agriculture___ ____________________

1120

69-That Chaplain of Senate be paid for sessions of 1929

and 1931 same per diem as members of General

AssemblY--------------~----------------------------

1134

7G---Require all Boards, Departments and Bureaus or

the State to prefer Georgia products when making purchases_ _____________________________________ 1127 ,1160,1162

71-Investigate jury system in civil cases________________ 1183,1208

72-That Secretary of State furnish Senate with list

of lobbyists who have complied with the law _______ _

1183

73-Designate the location where Governor Joseph E.

Brown established temporary State CapitoL ______ _

1248

74-Approve memorial to former Governor John Clark__

1249

74-A-Notify Governor General Assembly ready to ad-

journ sine die _____________________________________ _

1293

74-B-Notify House Senate ready to adjourn sine die__ _

1294

75-Adjourn sine die __________________________________ _

1294

RESOLUTIONS OF THANKS-

Mrs. W. R. Simpson for basket of flowers _____ _

1250

Miss Moina Michael, the Poppy Lady, for a vase of

flowers __________________________________________ _

1250

Senator Fowler of the 39th district for courtesy or

passes to Picture Shows ________________________ _

1251

Macon Telegraph for presenting daily paper to mem-

bers ____________________________________________ _

1252

RESOLUTIONS OF SYMPATHY-

To .Senator McWhorter of the 5::Jth district, on the

illness of his son ____________ _

293

INDEX

1313

To Hon. W. C. Vereen, on the illness of Mrs. Vereen __

986

To Senator Whitehurst of the 21st district because of

illness ___________________________________________ _

1)90

Resolution wishing success toW. L. Stribling, pugilist

266

RESOLUTIONS EXTENDING PRIVILEGES OF THE FLOOR-

Miss Annie Mae Lazenb:v ____________________________ _

96

Miss Laura Lazenby_________________________________ _

96

W. S. Tyson _________________________________________ _

97

Charles R. Crisp _____________________________________ _

115

Mrs. W. E. Montgomer:v ______________________________ _

115

Mrs. Murray Gardner_ _______________________________ _

1111

G. A. Jones _________________________________________ _

132

P. H. Comas _________________________________________ _

132

A. Davidson_________________________________________ _

133

R. G. Dickerson _____________________________________ _

133

J. P. Dukes. ________________________________________ _

133

J. Morgan ___________________________________________ -

133

0. E. Edenfield ______________________________________ _

133

Mrs. N. A. Pratt _____________________________________ _

270

N. A. Pratt, Jr. ______________________________________ _

270

Milton C. Pratt______________________________________ _

270

Jones H. Griffin _____________________________________ _

270

J. E. RusselL _______________________________________ _

272

Wade Allen __________________________________________ _

272

H. Grady Rawls _____________________________________ _

273

J. B. Moore__________________________________________ _

288

Joel Cloud. ___________________________ ------ __ -------

338

William Schley Howard ______________________________ -

345

William Butt _________________________________________ _

356

J. G. Faust__________________________________________ _

365

G. W. Lankford______________________________________ _

365

S. G. Miller._.,. ______________________________________ _

365

Ben B. Burgess______________________________________ _

371

Mrs. W. M. Whitehurst_______________________________ _

378

Raymonde Stapleton ________________________________ _

379

Boozer Paine ________________________________________ _

379

Harry G. Thornton__________________________________ _

379

Mrs. J. L. Horn ______________________________________ _

382

Julian C. Evans _____________________________________ _

382

E. D. Rivers _________________________________________ _

382

John 0. Moore_______________________________________ -

382

J. Q. Smith ___________________________________ - _____ _

382

J. J. Mangum ______________________ --_---------------

469

A. J. McDonald______________________________________ _

469

1314

INDEX

Carlisle McDonald ___________________________________ _

469

W. 0. Wingate _______________________________________ _

469

A. L. Hughs _________________________________________ _

469

Boy Scouts of Pike County__________________________ _

469

T. J. Jordan ________________________________________ _

492

D. J. Adams_________________________________________ _

492

Mr. and Mrs. Claud Williams _________________________ _

492

G. C. Adams ____________ -----------------------------

492

Kytle Williams _______________ .. _________ . _____________ _

501

Robert Wadlow ______________________________________ _

501

Berry T. Moseley_____________________________________ _

501

Joe Ben Jackson ____________________ ------------ ____ _

524

W. W. Mundy ________________________________________ _

524

Mrs. J. 0. M. Smith _________________________________ _

525

J. Worth Sharp______________________________________ _

525

Mrs. W. T. Adkins _________________________________ _

525

Miss Annie Grimes __________________________________ _

525

Miss Elizabeth Christie.__ _________ . _____ . __________ _

525

George D. Bennett_ ____________________ . _____________ _

525

J. H. Skelton________________________________________ _

554

Gordon Saussey_____________________________________ _

555

Miss Josephine BracewelL _______ ... _____ . __________ _

555

L. B. Pender _________________________________________ _

555

Howell Hall___________________ . ___ ....... _. __________ _

555

Sam Boykin ________________________________ . ___ . ____ _

555

Dr. and Mrs. 0. R. Styles____________________________ _

573

Mrs. D. F. Martin_________________ . ______ . ___________ _

573

Miss Evalon McDowell. ______________________ . __ . ____ _

573

Mrs. T. F. Bargeron. _________ ... ___ __.. ___ ....... _. _.

573

Miss Dorothy Perkins. _______________________________ _

573

Judge and Mrs. W. W. Starks________________________ _

573

H. Abit Nix __________________________________________ _

573

A. S. J. StovalL. ___________________________________ _

573

Paul Brown._________________________________________ _

417

James Fowler ________________________________________ _

417

J. A. Thigpen _____________________________ ._._ . . . _. __

417

Robert G. Hartsfield... _-.- ___________________________ _

430

James Boykin _______________________________________ _

431

N. L. Gillis ______________________ ------------ ________ _

431

David Atkinson _____________________________________ _

431

Hugh A. Carithers___________________________________ _

449

J. R. Hutcherson_________________ --------------------

449

T. J. Lance __________________________________________ _

449

Dr. W. K. Smith _____________________________ .. _____ ._

615

Mrs. W. Cecil Neill ___________________________________ _

616

INDEX

1315

Mrs. W. A. Abercrombie______________________________ _

617

Mrs. J. 0. Strickland________________________________ _

617

Albert Foster ________________________________________ _

645

Mrs. Elmer E. Dekle and daughter___________________ _

645

Neill Gillis, Jr. ______________________________________ _

672

A. L. Dorsey_________________________________________ _

673

Dr. D. S. Middleton__________________________________ _

689

Mrs. Jeff Davis and her mother______________________ _

689

Miss Elizabeth Griffin_______________________________ _

689

Raymonde Stapleton ________________________________ _

712

B. F. Walker _________________________________________ _

727

T. J. Erwin __________________________________________ _

727

W. W. Armistead _____________________________________ _

727

L. P. Beck ___________________________________________ _

727

J. M. Cole ___________________________________________ _

727

T. J. Hamilton ______________________________________ _

727

W. H. Dorris _________________________________________ _

773

J. P. Peacock________________________________________ _

773

Paul Brown___________________________________________ _

773

Miss Moina Michael, the "Poppy Lady"______________ _

804

Mrs. Ben T. Brock___________________________________ _

805

R. H. Johnson ______________________________________ _

805

R. B. Moore __________________________________________ _

832

I. S. Peebles _________________________________________ _

833

Otis Brumbey________________________________________ _

850

Lon Dudley__________________________________________ _

850

Walter P. Andrews___________________________________ _

850

Mrs. J. 0. Waters____________________________________ _

850

Joe S. Burgin and sons______________________________ _

850

JohnS. Davis _______________________________________ _

850

R. H. Peacock ________________________________________ _

859

E. Ryan Johnson ____________________________________ _

859

B. M. Grier_ _________________________________________ _

859

Mrs. W. R. Simpson__________________________________ _

859

Mrs. Z. V. Peterson__________________________________ _

859

T. Hicks Fort ________________________________________ _

859

R. B. DanieL ________________________________________ _

859

0. B. Strong_________________________________________ _

884

Mrs. W. L. Denton ___________________________________ _

884

Dr. H. W. Shaw______________________________________ _

884

L. S. Johnson_______________________________________ _

884

L. Y. Irving_ _________________________________________ _

893

David Arnold________________________________________ _

920

Thomas J. Matthews ________________ -~-- ____________ _

920

J. Earnest Palmour _________________________________ _

920

1316

INDEX

Miss Emily Woodward ________________________________ _

955

JudgeR. Eve________________________________________ _

955

Dr. T. R. Whitley____________________________________ _

955

S. A. Castleberry ____________________________________ _

955

T. F. Brown _________________________________________ _

955

W. C. Abercrombie___________________________________ _

955

Lee Pope ____________________________________________ _

955

Hawes Cloud ________________________________________ _

986

Ex State Senator Hughes____________________________ _

986

Judge I. H. Sutton__________________________________ _

986

C. T. Smith _________________________________________ _

1008

W. F. SlateL_________________________________________ _

1056

Dr. Charles H. Herty ________________________________ _

1072

W. T. Anderson ______________________________________ _

1073

Dr. Nathaniel P. Pratt_______________________________ _

1099

T. T. TurnbulL _____________________________________ _

1101

W. H. Platt __________________________________________ _

1101

J. W. Pitner _________________________________________ _

1101

J. H. Boykin ________________________________________ _

1102

Miss Edith Adkins___________________________________ _

1102

A. Pratt Adams. _____________________________________ _

1135

J. M. Towery ________________________________________ _

1135

Warren J. Paulk_____________________________________ _

1137

Mrs. A. C. Alexander__ _______________________________ _

1157

Mrs. C. M. McKenzie_________________________________ _

1157

John T. Hixon ______________________________________ _

1157

Dr. T. B. Ricketson __________________________________ _

1157

Mrs. John S. Wood __________________________________ _

1158

Kantz Bennett_ _____________________________________ _

1158

J. B. Wight__________________________________________ _

1193

L. P. Beck___________________________________________ _

1206

Randolph Fort ______________________________________ _

1207

W. W. Cureton _______________________________________ _

1207

Homer T. Howard____________________________________ _

1272

Leon 0 'NealL _______________________________________ _

1272

W. C. McLain ________________________________________ _

1272

HOUSE BILLS, AND RESOLUTIONS, in the Senate. BILLS. A
ADVERTISING219-Regulate out-door advertising ____________ 855,862,876, 1101,1115

APPROPRIATIONS147-Appropriations for expenses of State, last half of 1931, and for 1932 and 1933, ____ 621, 639, 716,725, 737, 767,775, 801, 848, 858, 878, 882, 1055, 1185,1268,1292

INDEX

1317

ATTESTATION, see DEEDS TO SECURE DEBT-

AUDITOR, STATE, see Records-
B BANKS-
67-Amend Act of 1919_______________________________ 1040,1138 431-Regulate ______________________________________ 875,922,925,1220
BARBERS155---Regulate occupation of_874,876,921,925, 1101,1113,1127, 12C4, 1239

BUSES, see MOTOR VEHICLES-
a
CHARTERS, MUNICIPAL569--Arabi ___________________________________________ 857,896,903,951
406-Athens _________________________________________ 703,721,785,818

557-Atlanta, civil service commission_________________

924,1050

57G-Atlanta . __________________________________ 1042,1096,1111,1142

573--Atlanta ___________________________________________ 973,1155,1172

574-Atlanta, Act as to citY limits________________ 1043, 1095,1111,1142

575---Atlanta, borrow in excess of million _________ 973,1089,1108,1143

536--Atlanta_ ________________________________________

832

Attapulgus _____________________________________ _407 ,428,454,460,512

565-Augusta________________________________ 924,1059,1062,1100,1120

432-Augusta, Board of Health ___________________ 972, 1077,1093,1119 392-Augusta________________________________________ 608,633,636,660

39G-Augusta, Mayor, salary oL _____________________ 608,633,636, 660 556--Augusta _______ . _______________________________ 856,896, 903,950 506-Augusta ________________________________________ 755,898,904,950 626--Belrnont ____________________________________ 1049,1089,1109,1133 562-Bogart ________________________________________ 857 ,898,904, 951 474-Box Springs ____________________________________ 684, 733,735,753 503-Brunswick _____________________________________ 832 ,854, 857,870 336-Carrollton ______________________________________ 585,807 ,819,869 444-Carrollton ______________________________________ 622, 922, 923, 949 443-Carrollton ______________________________________ 622,922,923,949 375-Carnegie _______________________________________ 608,651,658,679

210-Cartersville_________________________________ 409, 428,454,457,461 463-Cedartown _____________________________________ 683, 732,749,795 518-Chatsworth ____________________________________ 832, 852,855,891 637-Clermont ___________________________________ 1076,1109,1139,1170

107-Cobbtown_____________________________________ _426,454,457 ,475 171-Columbus_____________________________________ _427 ,454,457,476 285---Columbus _________________________________ _488,530 ,538, 566,639 485-Columbus______________________________________ 798,807,831,843

403--Colquitt_________________________________________ 609,748,794 106--Cordele_________________________________________ 408,428,454,461

1318

INDEX

453-Cornelia________________________________________ 705,744,757,795 533-Crawfordville___________________________________ 797,807,819,844 401-Dillard _________________________________________ 608,633,636,661
530--Donalsonville __________________________________ 798,807,819,844 499-Douglas ________________________________________ 832,854,857,870
641-Dublin _____________________________________ 1121, 1165, 1168,1210 56--Dudley_________________________________________ 407,428,454,459
440--East Point______________________________________ 638, 652,658,680 439--EastPoint______________________________________ 638,652,658,680
377-Folkston __________________________________ .. ____ 680, 733,734,751 640--Folkston ___________________________________ 1122,1165,1167,1210 441-Glennville_____________________________________ 705,744,757,795 320--Clordon_________________________________________ 515,558,563,584 95--Clriffin _________________________________________ 417,455,457,475 510-Iiillsboro_______________________________________ 856,896,903,997
114-Hogansville_____________________________________ 408,455,457 ,475 561-HoDlerville _____________________________________ 875,896,904,950 496--Ideal ___________________________________________ 755,807,831,842 240-Jenkinsburg __________________________________ _486,530,539,583 529--Kingsland______________________________________ 798,807,819,843 394--LaClrange ______________________________________ 608,733,735,751
612-LUDlber CitY----------------------~------------960,979,981,999 254--LudowicL _____________________________________ _487, 530,539,566 594--~acon _________________________________________ 959,994,996,1090
628--~acon ____________________________________ 982,994,996,1050,1072
631-~ilan _______________________________________ 1128,1164,1167,1210 528--~anchester _____________________________________ 856,886,890,907 508--~arietta ________________________________________ 798,807,831,843 362-~onroe _________________________________________ 608,732,748,812
455-~oultrie _______ ~--------------------------------831,852,855,869 289--Nahunta______________________________________ _488, 530,539,567 396-Pa1Dletto _______________________________________ 608,732,748,794 296--Pearson ________________________________________ 536,558,563,583 380--PeDlbroke ______________________________________ 608,732,748,794 408--Fteynolds _______________________________________ 622,732,749,812 462-FtockDlart ______________________________________ 683,733,735,753
583-FtockDlart _____________________ .. _____________ 973, 1081, 1087,1120 563-FtoDle_______________________________________ 1042,1096,1111,1139 454--Ftossville _______________________________________ 682,733,736,752
370--Savannah __________________________________ 1041, 1108,1133,1171
582-Savannah ____________________________ 924, 979,980,998,1045,1046 451-SDlYina ________________________________________ 682,732,749,795 639--Sparta_____________________________________ 1128,1163,1167,1210 587-Statesboro __________________________________ 959,1009,1013,1050 211-Swainsboro ____________________________________ 409,455,458,476 427-1rhoDlasville ____________________________________ 622,733,735,751

INDEX

1319

481--'l'occoa _________________________________________ 755,807,830,842 41--'l'renton________________________________________ 407,410,421,451 456--'l'rion _______________________________________ 682,684,733,734,754
409--'l'ybee__________________________________________ 924,979,997 502--\Jnion Point____________________________________ 755,807,819,843 242--VVaresboro ______________________________________ 486,530,537,566 288--VVaycross _______________________________________ 607,630,650,662
511--VVaycross __________________________________ 737,836,841,870,1226 309--VVaycross_______________________________________ 489,527,540 125--VVbltePlains ___________________________________ 427,455,457,515 560--VVillacoochee____________________________________ 857,886,890,908 351--VVinder _________________________________________ 607,651,658,679
346--Zebulon________________________________________ 607,651,658,679

CODE AMENDMEN'l'S, see SCHOOLS, SCHOOL CODE-10--'l'axes for county purposes ____________ _425,474,479, 614,624,670

11--Inheritance by half-blood, section 3931__ _______ _406,474,478,614

16--Commissions pending suit, section l08LA30, 746,756,1101,1134 172--State Depository in Royston, section 1249_______ 704,728,748,792

470--Court House for Militia Districts, section 4706__ __

1129

478--Section 695, Dollars in lieu of fifty cents____ 1041, 1110,1133,1172 542--Road duty, section 695 _____________________ 1155, 1165, 1170,1218

577--County School Superintendent, section 258_1128, 1158,1167,1219

623--County School Superintendent, section 258_1049, 1078,1087,1117

CONFEDERA'l'E SOLDIERS' HOME-368--Revise Acts relating to_____________ 958, 1081,1085,1101,1116,1122

COMMISSIONERS, ROADS AND REVEN1JES-73--Atkinson _______________________________________ 426,442,445,459 75--Atkinson_______________________________________ 426,442,445,459 415--Burke __________________________________________ 681,691,710,720 488--Camden ________________________________________ 736,785,786,796
131--Clinch _________________________________________ 408,443,446,460 132--Clinch ________________________________________ _408,442 ,445, 460 323--Coffee__________________________________________ 609,632,636,660 260--Coffee__________________________________________ 585,632,635,659

138--CXiliner ----------------------------------------- 349,361,377 624--(}ordon ______________________________________ 974,1013,1088,1168 433--Hart ________________________________________ 682,694,701,710,720 412--Heard __________________________________________ 681,691,710,720 424--Jackson ________________________________________ 682,977,980,997
605--Lanier______________________________________ 1043,1082,1088,1143 604--Lanier _________________________________________ 960,976,980,998

28--MurraY-----------------------------------------27--Murray__________________________________________

349,343 349,343

632--<;!uitman ___________________________________ 1049,1080,1087,1118

1320

INDEX

386-Richmond______________________________________ 584, 694,701,719 601-Stevvart _____________________________________ 959,1080,1086,1117 611-1'elfair _________________________________________ 959,978,981,999 610--1'elfair _________________________________________ 959,977,980,998
62-1'errell _________________________________________407,507,513,532 284--1'urner _________________________________________ 488,649,657,677

226-VValker_________________________________________

586,785

227-VValker.---------------------------------------327-VValton_ ________________________________________

586,785 607,1082

620--VValton_________________________________________ 974,1024,1082 418--VVebster ________________________________________ 681,898,903,951
417-VVebster ________________________________________ 681,898,903,949

298--VVilkinson ______________________________________ 489,509,513,534 299-VVilkinson ______________________________________ 489,509,514,534

CONSTI1'UTIONAL AMENDMEN1'S13-Voters qualified upon payment Poll1'axA06,444,445,614,615,624 428-Appropriations, Governor authorized to reduce or disapproveof __________________________ 959,978,980,1239,1240
429-Budget, providing for ___________________________ 1193,1208, 1269

COUNTIES, COUN1'Y MA1'1'ERS-

233-Atkinson, 1'ax Commissioner Referendum _____ .486, 508,513,532

607-Ben Hill, State Depository__________________ 1043,1079,1086,1117

5--Berrien, Create 1'ax Commissioner ______________ 349,420,424,446

290--BrantleY, Create 1'ax Co=issioner____________ .489,508,514,534

480-Bryan, Regulate fishing ____________________ 755, 774,788,796,813

167-Campbell, property become property of Fulton.486,530,536,595 133-Clinch, repeal Acts 1929 _______________________ .408, 632,814,842

134-Clinch, create 1'ax Co=issioner ______________ .408,443,446,461

259-Coffee, create 1'ax Commissioner _____________ . .487 ,508,513,532

363-Crisp, Board of Commissioners _________________ 855,887 ,890, 907

326-Dade, County 1'reasurer, abolish_______________

586,785

383-Decatur, County 1'reasurer, salary______________ 584, 632,635,670

384--Decatur, create 1'ax Commissioner ______________ 584,632,635,670

265--Evans, create 1'ax Commissioner ____________ 536,632,635,661,678

486-Emanuel, County 1'reasurer, abolish ___________ 706, 732,736,754

500--Floyd, Commissioners, compensation _______ 772,784,792,814,826 257-Franklin, create 1'ax Commissioner_ ____________ 487,508,514,533

167-Fulton, acquire property of CampbelL ________ .486,530,536,595 187-Fulton, merge vvith Milton _____________________ _485, 507,513,595

158--Gilmer, consolidate 1'ax Receiver and Collector._

409,732

617-Henry, fish baskets ________________________ 1076, 1109,1133,1211

273-Jackson, County 1'reasurer ___________________ _487 ,559,563,583 274-Jackson County Commissioners_______________ .488, 785,786,793

467-Lanier, create 1'ax Co=issioner _______________ 705, 745,748,796

INDEX

1321

464-Lanier, County Surveyor, abolish ______________ 683,692, 711,721

465-Lanier County Court, jurisdiction _____________ 683, 731,735,753

466-Lanier, Board of Education _____________________ 683, 945,948,982

282-Liberty, Live Stock, dealing in ________________ _486,508,513,533

283-Liberty, create Tax Commissioner _____________ _488,508,513,533

585-Mclntosh, Live Stock, license________________ 973, 1009,1013,1050

501-Miller, County Treasurer________________________

798,1013

187-Milton, merge with Fulton _____________________ _485,507 ,513,595

538-Monroe, create Tax Commissioner_ ______________ 856,887,889,907

209-Pierce, create Tax Commissioner_ _______________ 409,442,445,462

248-Pierce, Hogs, Bulls, prohibit running at large____

487,563

330-Randolph-Terrell, County line ______________ 585, 1009,1013,1050

450-Richmond, Justice Courts, abolish _____ 798,1108,1133,1178,1179

448-Stephens, create Tax Commissioner_ ___________ 737,863,868,909

293-Terrell, consolidate Tax Receiver, Tax Commissioner; create Tax Commissioner_ ______________ 704,731,736,750

330-Terrell-Randolph, change county line _______ 585, 1009,1013,1050

588-Treutlen, prohibit goats running at large____ 959, 1078,1086,1130

225-Walker, abolish Tax Receiver, Collector__________

586,785

6-Wayne, create Tax Commissioner ______________ _485,507 ,514,531

417-Webster, create Tax Commissioner_ ____________ _489,509,514,535

339-White, create County Treasurer_ ________________ 585, 632,635,660

606-Retire Highway bonds with gas tax allocated ___________________________________ 1043,1082,1088,1130

21-Restricting use of Court House and Grounds____

406,443

COURTS, CITY, COUNTY, MUNICIPAL-
469-Atlanta, Municipal Court, DeKalb branch ______ 754,836,841,869 382-Bainbridge _____________________________________ 585,633,635,669

490-Blakely_________________________ 773,836,841,869,870,945,950,955 174-Carrollton______________________________________ 428,512,530,565

457-Colquitt____________________________________ 683,715,719,752,763 71-Conyers ________________________________________ 349,421,425,447 591-Douglas _____________________________________ 959,1010,1013,1050

123-Gray____________________________________________ 427,512,530,565

318-Irwinton________________________________________ 535,578,582,702

580-Jackson_____________________________________ 924, 1037,1050,1090

423-Jefferson__ ______________________________________

681

272-Jesup __________________________________________ 487,578,581,594

404-Jesup __________________________________________ 681, 731,735,751 135-Leesburg__________________________________ 427,578,581,593,1051

627-LudowicL _____________________________ 1076, 1111,1126,1179,1181

231-Lyons___________________________________________ 410,423,448 50-Miller___________________________________________ 426,507,512,53l

4--Nashville _______________________________________ 350,441,445,463

24--Pol~-------------------------------------------- 406,423,446

1322

INDEX

23--Pol~-------------------------------------------- 406,423,446 34Q--~uitman _______________________________________ 680,731,735,750
521--Richmond__________________________________ 1076, 1111,1126,1181
513--1rhomson________________________________________ 832,921,925 638--1rhomson________________________________________ 1077,1138 319--VVilkinson______________________________________ 536,578,582,702

COUR1rS, JUVENILE-507--Judge, compensation_______________________ 1042, 1089,1111,1142

COUR1rS, SUPERIOR--

253--Stenographic Reporter, compensation ______ 1040, 1108, 1133, 1171

387--Bailiffs probation officers __________________ 1041, 1080,1085,1141

74--Atkinson, time of convening_____________________ 407,423,447

308--Catoosa, number of terms ______________________ 535,578,582,594

458--Colquitt, time of holding_______________________ 682, 715,719,752

232--Gilmer, time of holding_________________ 586, 731,735,743,836,868

358--Grady, time of holding _________________________ 585, 731,735,750

581--Jackson, terms a year____________________________

924

161--~uitman, time of convening_____________________ 409,423,447

509--1roombs, two terms a year_______________________ 737,836,841,872

COUR1rS, SUPREME, APPELLA1rE-58--Certiorari, practice______________________________ 348, 373,376,399

CRIMINAL LAVV-357--Sentence, beginning of __________________ .925,974, 985,1101,1115
D
DEEDS, 1r0 SECURE DEB1r-86-Manner of attesting ______________________854,897, 903,1101,1115

DEPOSI1rORIES, S1rA1rE-172--State Depository at Royston ____________________ 704, 728, 74.8, 792
E
ELECTIONS-307--Regulate hours of voting _______________________ 535,692, 710,873

F
FEE SYS1rEM-59--Change from fee to salary system _______________ 348,374,376,399 316-Cherokee Judicial Circuit ______________________ 704,774,783,793 341--Change from fee to salary system _______________ 705,898,904,963
FIREMEN-36Q--Amend Act relating to__________________ 799,886,890,908,941,985 544--Preventineligibility ________________________ 1042,1095,1111,1113

INDEX

1323

G
GAME AND FISH-
64--Foxes~~--------------------------------------831,1061,1063,1092
104--Fishing, Clinch, Echols________________________ A26 ,453,457,475 146-Protection birds, game, fish _____________________ 855,1005,1091 191-Protection birds, game, fish _______________ A28,453,457,490,672 483-Fish baskets____________________ ----------------- 706,730,753
GARNISHMENT54--Exemption _________________________________831,863,867, 996,1035

GOVERNMENT-

23G-Manner of recording expenditures ______________ _

875

H
IDGHWAY DEPARTMENT, STATE65-Amend Act to reorganize ___________________831, 862,876,996,1034

I INHERITANCE, see CODE AMENDMENTS-

J
JURIES484-Jury Boxes, 750 names__________________________ 705,731,736,872
JURY COMMISSIONERS143-Jury lists, 10,000 names ________________________ _485,507 ,513,671

L
LAND TITLES4G-Assurance, registration, transfer oL ______ 703,746,756,1101,1118

M
MORTGAGES, see DEEDS TO SECURE DEBT-
MOTOR CARRIERS, VEIDCLES278-Reciprocal agreements with other States_________ 972 ,1082,1087, 1140,1227 558-Charges on operators oL ___________________ ll22,1165,1170,1221 House Resolution 60-405A, Refund fee___________ 1044,1080 ,1087,1154

N

NURSING, PROFESSIONAL9--Relatingto____________________________________ 703,746,756,1268

1324

INDEX

0
ORDINARIES606---Apply gasoline tax allocated, to retire road bonds ______________________________________ l043,1082,1088,1130
p

POLICEMEN, see FIREMENPOLL TAX, see CONSTITUTIONAL AMENDMENTS-

PRACTICE-

7-Regulate practice of law_________________________

377,746

58-Certiorari before Supreme and Appellate Courts348,373,376,399

PUBLIC LIBRARIES413-Appropriate funds for __________________________ 705,731,736,844

R
REAL ESTATE BROKERS, SALESMEN203-Regulate_________________________________________

704,717,799

RE-APPORTIONMENT113-Members House of Representatives______________ 874,923,985

RECORDS411-To be kept by county officers __________________ _
230-Manner of recording expenditures in State Departments ___________________________________ _

705,745 875

REGISTRARS13G-Compensation oL ______________________________ 622,774,783,873

ROAD LAWlOS-Exclude road duties __________________________ _427 ,648,662, 709

124-Alternative road law not apply _________________ .427,648,661, 709

295-Four day road law__

__________________ 536,648,661, 709

REORGANIZATION194-To simplifY operations of executive branch of State Government _________ 557,808,811,883,891,915,925,955,963, 987,992,996,1055,1238

REPORTS, FINANCIAL, MONTHLY622-County officers required to make ___________ 1049, 1108,1139,1219
s

SANITARIUM, STATE425--Relating to commitments ________________ 856, 977,980,1100,1116

INDEX

1325

SAVANNAH RIVER NAVIGATION COMMISSION592-To createthe_____________________ l043,1077,1093,1100,1113,1134

SCHOOLS, see CODE AMENDMENTSI-To create Text Book Commission _____________ 637,889, 1037,1197
19--Free tuition, children of soldiers_______________A30,478,495,67l 527-Supplement funds Boards Education_______ l042,1078,1086,1119 555-Boston, public schools oL ______________________ 856,945,948,981 306--Lawrenceville, amend Act______________________ _489,510,531 ,567
614--County School Superintendent, residence_1128, 1158,1167,1219 619-County School Superintendent_______ 1049, 1079,1086, llOO, lll9 618--County School Superintendent ____________ 1044, 1080,1086, lll7

SCHOOL CODE, see CODE AMENDMENTS200-Amend section 147 oL ______________________ ll27, ll58, ll66, 1224
House Resolution 100-634 B, To re-write the __________________________ ll28,1158,1166,1168,1186,1195,1216

SHERIFFS, see Tax Collectors, see Tax Commissioners-

SOLICITOR-GENERAL-

317-Salary, Cherokee Judicial Circuit ______________ 704,785,786,793

39-Salary, Macon Judicial Circuit ________________ _426,507,512,531

482-Fees, amend Act abolishing_____________________

1041

STATE MEMORIAL AND MONUMENTAL COMMISSION564--Tocreate a _________________________________ ll22,1139,1167,1219

T
TAXES32-Tax fi. fas., regulate issuing___________________ _430,621,623,671
355-Tax fi. fas., regulate issuing ________________ l040,1088,ll08,1141
TAX ASSESSOR449-Election bY Commissioners ________________ .1041,1080, 1086, ll41
TAX COLLECTORS, see COUNTIES, COUNTY MATTERS385-Sheriffs ex-officio __________________________ 1041, 1108,1133,1171 522-Duties of Sheriffs __________________________ 1129, 1164, ll66, 1218 523---Duties of Sheriffs __________________________ 1129, ll64, ll67 ,1218
TAX COMMISSIONER, see COUNTIES, COUNTY MATTERS334--Sheriffs, ex-officio_____________________________ .704, 785,786,873
TAX RECEIVERS, see COUNTIES, COUNTY MATTERS426-Books, opening oL _________________________ 1041, 1080,1085,1130

TERMS OF COURT621-Providingfor________________________________ 974,1108,1139,1168

TEXT BOOK COMMISSION, see SCHOOLS-

1326

INDEX

u
UNIVERSITY OF GEORGIA AND ITS BRANCHES-
537-Change name of School of Mechanic Arts to State Teachers and Agricultural College for Negroes ____________________________________ 1122,1163,1167,1217
v
VOTING, see ELECTIONS-
w
WESTERN AND ATLANTIC RAILROAD RENTALS3-To discount the _____________ 736,864,867,996,1064,1071,1096,1099
WESTERN AND ATLANTIC RAILROAD COMMISSIONHouse Resolution 25-191A, Extend authoritY oL_874,899,904,952,954

HOUSE RESOLUTIONS, in the Senate.

7-Inaugurate Governor-elect_______________________

98

3D-Dr. Paul Fitzsimmons Eve_______________________

362

31-Requesting Federal Government to specify

Georgia marble, in constructing Post Office in

Atlanta__________________________________________

364

48--Prepare amendment to Neill-Traylor Highway Act______________________________________________ 429,477,489

44-Encourage use of articles made of cotton ______ .430,592 593,672
29-221 C, Authorize State Librarian furnish law books to Taylor County ________________________ 706,784,792,817

16-115 A, Authorize State Librarian furnish law books to White County _________________________ 707,784,792,817

22-145 A, Authorize State Librarian furnish law books to Bibb County__________________________ 707, 784,792,817

26-191 B, Authorize State Librarian furnish Court records to Irwin County _________________ 707,784,792,818

69-Solicit aid Federal Farm Board in turpentine farming_________________________________________ 799,808,81~
54-352 A, Public schools, Winder____________________ 857,962,982 25-191 A, Western and Atlantic Railroad Commis-
sion, extend authority of_ __________________ 874,899, 904,952,954 72-Authorize lOth. District A and M School to deed
land____________________________________ 874,1060,1063,1101,1131

6Q-405 A, Refund fee, motor carriers Act of 1925 ________________________________________ 1044,1080,1087,1154

62-440 A, Refund ~legal taxes _________________ 1044,1108,1131,1169
7D-496 A, Authorize State Highway Department to pave roads on route 26 _________________ 1044,1081,1087,1101,1129

INDEX

1327

94-593 F, Authorize Military Department investigate claims Roosevelt Henley ____________________ 1045, 1164, 1168, 1216

63--448 A, Reimburse Reorganization Commission ___________________________ 1075,1106,1132,1193,1195

no--Investigate merits of A. and M. Schools_1076, 1137,1193,1196,1246

10Q--634 B, Re-write the School Code __ 1128,1158, 1166,1168,1186,1195

126-Authorize officers, employees, committees, to

complete business unfinished at close of the

session _________________________________________ _

1269

RESOLUTIONS, RELIEF, RE-IMBURSEMENT.

18-115 C, E. J. Johnson ___________________________ 348,361,362,379 27-221 A, L. W. HalL ______________________________ 706,716,719,816

28-221 B, W. F. CardinaL __________________________ 707,717,719,816

32-237 A, George L. Trimble _______________________ 706,716,718,817 45--310 A, J. E. Brim _______________________________ 707, 717,719,845

65--472 A, Seth B. Adams, Mrs. Ora Adams, estate M. T. J. Long________________________ 1044, 1108,1132,1169

71-496 B, D. A. Andrews, Louis Simmons ______ 1044,1108,1132,1169

73-515 A, s. w. Davis_______________________________

925,1108

75--530 B, T. P. Haralson, B. F. HarrelL ________ 1045, 1108,1132,1170 76-530 C, W. H. Colley _________________________ 1044, 1108,1132,1172

77-530 D, 0. H. Booker_ ________________________ 1045, 1108,1132,1173

78-530 E, H. B. Bloodworth ____________________ 1045, 1108,1132,1173

87-576 A, Kate S. Rodgers _____________________ 1112, 1193,1194,1214

89-593 A, W. E. Hamlin ________________________ 1112, 1192,1194,1214 9Q--593 A, C. A. Odom __________________________ 1112,1193,1194,1214

91-593 C, D. Jones _____________________________ 1112, 1192,1194,1214

92-593 D, Charles Davison __________________________ 1193, 1194,1214 93--593 E, D. I. Lee _____________________________ 1112, 1192,1194,1214

97-J. B. Seanor, J. Casper_ ___________________ 1040, 1089,1108,1154 104-638 A, F. B. Lane ________________________________ 1112, 1192,1216

113-642 A, J. M. Griner- ________________________1193,1194,1207,1217