Journals of the ten-day special session and the regular session of the Senate of the State of Georgia 1933 placed between the covers of a single volume

JOURNALS
of the
Ten-Day Special Session
and the
Regular Session
of the
Senate of the State of Georgia
1933
Placed Between the Covers of a Single Volume.
Journal of Special Session from Pages 3 to 120 Inclusive.
Journal of Regular Session from Pages 123 to 1525 Inclusive. Followed by the Index.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
SPECIAL TEN-DAY SESSION
OF THE
GENERAL ASSEMBLY
Commenced at Atlanta, Monday, January 9th, 1933
1933 RURALIST PRESS, INC., STATE PRINTERS
ATLANTA, GA.

JOURNAL
SENATE CHAMBER, ATLANTA, GA.,
MoNDAY, JANUARY 9, 1933.
Pursuant to an amendment to the Constitution ratified at the general election, November, 1932, the Senators-elect for the term 1933-1935 met in the Senate Chamber at 10 o'clock A. M., this day and was called to order by the Honorable John T. Boifeuillet, Secretary of the Senate.
The invocation was offered by the Reverend Louie D. Newton, pastor of the Druid Hills Baptist Church, of Atlanta.
The following communication from the Honorable John B. Wilson, Secretary of State, certifying the Senators-elect in the general election of November 8, 1932, was received and read:
HoN. JOHN T. BOIFEUILLET, Secretary, State Senate, Senate Chamber, Atlanta, Georgia. Dear Sir: I hereby certify that the three pages of typewritten matter attached hereto contain a true list of the State Senators of the State of Georgia, for the years 1933 and 1934, elected in the general election held November 8, 1932, as shown by the consolidated returns of said election, which

4

JouRNAL OF THE SENATE,

returns are on file in this office, the number of the District being given, and opposite, the name of the Senator elected.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this ninth day of January, 1933. JoHN B. WrLsoN,
Secretary of State.

GEORGIA STATE SENATORS, 1933-1934

District

Senators

1st. 2nd. 3rd. 4th. 5th. 6th. 7th 8th. 9th. lOth. 11th. 12th. 13th. 14th. l!>th. 16th. 17th. 18th. 19th. 20th. 21st. 22nd. 23rd. 24th. 25th. 26th.

George W .. Fetzer, Jr. T. L. Howard Gordon Knox James T. Colson J. S. Morris Homer W. Nelson S. M. Turner J. M. Fudge G. M. Sparks J. R. Pottle J. G. Dean G. C. Alston H. Willis Hogg E. H. Conner R. E. Rivers W. H. Lovett J. C. Cail, Jr. W. M. Lester Hawes Cloud John C. Lewis J. B. Jackson J. A. Cason W. F. Andrews C. N. Howard G. A. Weaver Joel B. Mallett

District

Senators

27th. 28th. 29th. 30th. 31st. 32nd. 33rd. 34th. 35th. 36th. 37th. 38th. 39th. 40th. 41st. 42nd. 43rd. 44th. 45th. 46th. 47th. 48th. 49th. 50th. 51st.

H. A. Carithers W. H. Key James H. Boykin J. T. Sisk C. S. Hubbard J. E. Robertson A. G. Boyd R. W. Campbell Walter A. Sims N. F. Culpepper J. R. Terrell, Jr. Sidney M. Goldin Fred Morris Pat Haralson Steve C. Tate B. H. Edmondson J. H. Paschall J. M. Hutcheson E. J. Dorminy Andrew J. Tuten Mrs. Susie T. Moore T. W. Oliver S. C. Groover Hamilton McWhorter J. J. Baggett

The Senators presented themselves at the Secretary's

MONDAY, JANUARY 9, 1933.

5

desk as their Districts were called, where Chief Justice Richard Brevard Russell, of the Supreme Court of Georgia, administered the oath of office to them.
The following communication from His Excellency, the
Governor, certifying the election of the Honorable E. H.
Conner as Senator from the 14th District, was received and read; and the oath was administered to him by the Chief Justice:

JANUARY 9, 1933.
To the President of the Senate:
An election was called in the Fourteenth State Senatorial District, by reason of the death of Honorable R. H. Pate, to select a Senator to fill said vacancy, and pursuant to the writ, said election was held on December 28, 1932, and this is to certify that the election returns as consolidated by the Secretary of State, and certified to this office, showed the following result:
E. H. Conner received 1,730 votes.
vVatts Powell received. 742 votes.
Respectfully submitted, RICHARD B. RussELL, JR.,
Governor.

The Secretary announced that the next business was the election of President of the Senate. Senator Cason of the 22nd District nominated the Honorable Hamilton McWhorter of the 50th District for President. The nomination was seconded by Senator Turner of the 7th District. The roll was called. Those voting for Senator McWhorter were:

Alston Andrews Baggett Boyd

Boykin Cail Campbell Carithers

Cason Cloud Colson Conner

6

JouRNAL OF THE SENATE,

Culpepper Dean Dorminy Edmondson Fetzer Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard

Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore Morris of the 39th Morris of the 5th Nelson Oliver

Paschall Pottle Rivers Rolrertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver

The Honorable Hamilton McWhorter having received
50 votes, being the entire membership of the Senate ex-
cept the vote of Senator McWhorter, he was declared duly elected president. On motion of Senator Sims of the 35th District the Secretary appointed Senators Cason of the 22nd District, Turner of the 7th District, Moore of the 47th District, and sims of the 35th District to escort the President to his desk. The President then addressed the Senate in appreciation of the distinguished honor conferred upon him.

Senator Cason of the 22nd District nominated the Honorable John T. Boifeuillet of Bibb County for Secretary of the Senate. The nomination was seconded by Senator Moore of the 47th District. The roll was called. Those voting for Mr. Boifeuillet were:

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner

Culpepper Dean Dorminy Edmondson Fetzer Fudge Goldin Groover Haralson Hogg Howard Of the 24th Howard of the 2nd

Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore Morris of the 39th Morris of the 5th

MONDAY, JANUARY 9, 1933.

7

Nelson Oliver .Paschall Pottle Rivers

Robertson Sims Sisk Sparks Tate

Terrell Turner Tuten Weaver Mr. President

The entire membership, 51 votes, were cast for Mr. Boifeuillet, and he was duly declared the unanimous choice for Secretary of the Senate. On motion of Senator Cason of the 22nd District, The President appointed a committee composed of Senator Cason of the 22nd District, Senator Key of the 28th District, and Senator Howard of the 2nd District, to escort the Secretary to his desk. The President administered the oath of office to him. The Secretary addressed the Senate in words of grateful appreciation for the confidence and distinction shown him.
The following resoh;;tion of the Senate was read and adopted:

By Senator Fetzer of the 1st District-
Senate Resolution No. 7. Resolved by the Senate that the Secretary of the Senate be, and is hereby instructed, to inform the House of Representatives that the Senate has convened and has organized by the election of Honorable Hamilton McWhorter of the 50th District as President, and Honorable John T. Boifeuillet of the County of Bibb as Secretary, and is ready for the transaction of business.

The following joint resolution of the Senate was read and adopted :
By Senator Lester of the 18th District-
Senate Resolution No. 8. 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

8

JoURNAL OF THE SENATE,

Assembly has convened, organized and is now ready for the transaction of business.
Under the above resolution, the President appointed the following committee on the part of the Senate: Senators Hutcheson of the 44th District, and Campbell of the 34th District.

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

By Senator Mallett of the 26th District-
Senate Resolution No. 3. Be it resolved by the Senate, the House concurring, that the General Assembly shall convene in the Hall of the House of Representatives on Tuesday, January 10, 1933, at 10:15 o'clock A.M., for the purpose of canvassing and publishing the election returns for Governor and other constitutional officers, as provided by law.

The following joint resolution of the Senate was read and adopted :
By Senator Nelson of the 6th District-
Senate Resolution No.4. 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, respectively, to arrange for the inauguration ceremonies for the Governor at twelve o'clock, noon, on Tuesday, January 10, 1933.
Under the above resolution the President appointed the following committee on the part of the Senate: Senators Goldin of the 38th District, and Sims of the 35th District.

MoNDAY, }ANUARY 9, 1933.

9

The following resolution of the Senate was read and adopted:

By Senator Terrell of the 37th District-
Senate Resolution No. 5. Resolved by the Senate that the standing rules of the Senate adopted for the 1931 session be, and the same are, hereby adopted for the session of 1933, with the following amendments, to-wit:

(a) The following list of committees are added to the list included in Rule 135, to-wit:

Motor Vehicles Historical Research Commerce

The following resolution of the Senate was read and adopted:

By Senator Lester of the 18th District-
Senate Resolution No. 6. Resolved that a committee of three be appointed by the President to select a Chaplain for the Senate for the session.
Under the above resolution the President appointed Senators Weaver of the 25th District, Terrell of the 37th District, and Moore of the 47th District.

The following resolution of the Senate was read and adopted:

By Senator Cason of the 22nd District-
Senate Resolution No. 9. Resolved that Senators Turner of the 7th District, Moore of the 47th District, Howard of the 24th District, Dean of the 11th District, Groover of the 49th District, Sisk of the 30th District,

10

}OURNAL OF THE SENATE,

Jackson of the 21st District, Boykin of the 29th District, and the Vice-Chairman of the Rules Committee to be designated by the President, be allowed to select their seats before the drawing of seats commences.
The Chair announced that the next business was the election of Doorkeeper. Senator Sims of the 35th District nominated Mr. A. P. Griffin of DeKalb County. Senator Weaver of the 25th District nominated Mr. Wiley Galloway of Harris County. Senator Mallett of the 26th District nominated Mr. S. M. Pope.

The roll was called. Those voting for Mr. Griffin were:

Alston Boyd Boykin Campbell Carithers Cason Cloud Colson Dean

Goldin Haralson Hubbard Jackson Key Knox Lester Lewis Moore

Morris of the 39th Paschall Rolrertson Sims Sisk Tate Tuten Mr. President

Those voting for Mr. Galloway were:

Andrews Baggett Cail Conner Culpepper Dorminy Edmondson Fetzer

Fudge Groover Hogg Howard of the 24th Howard of the 2nd Hutcheson Lovett Morris of the 5th

Nelson Oliver Pottle Rivers Sparks Terrell Turner Weaver

Those voting for Mr. Pope were:

Mallett

Mr. Griffin received 26 votes, Mr. Galloway 24 votes, and Mr. Pope 1 vote. The President declared Mr. Griffin duly elected Doorkeeper.
The next business being the election of a Messenger,

MONDAY, JANUARY 9, 1933.

11

Senator Alston of the 12th District nominated Mr. Jack Forest of Stewart County. Senator Boykin of the 29th District nominated Mr. R. F. Guillebeau of Lincoln County. Senator Cason of the 22nd District nominated Mr. Homer B. Bloodworth of Pike County. Senator Turner of the 7th District nominated Mr. Herbert Kirby of Forsyth County. Senator Hubbard of the 31st District nominated Mr. E. B. Stovall of Hall County.

There were no other nominations and the roll was called. Those voting for Mr. Forest were:

Alston Conner

Fetzer Fudge

Hogg Pottle Sparks

Those voting for Mr. Guillebeau were:

Andrews

Groover

Morris of the 5th

Boykin

Haralson

Nelson

Campbell

Howard of the 2nd Oliver

Caritllers

Key

Paschall

Cloud Colson

Lester Lewis

Rivers Sisk

Dean Edmondson

Lovett Mallett

Tate Tuten

Goldin

Moore

Weaver Mr. President

Those voting for Mr. Bloodworth were:

Boyd Cason Culpepper

Dorminy Howard of the 24th Jackson

Knox Terrell

Those voting for Mr. Kirby were:

Baggett

Cail

Those voting for Mr. Stovall were:

Hubbard

Rob-ertson

Hutcheson Turner
Sims

Mr. Forest received 7 votes, Mr. Guillebeau received 28 votes, Mr. Bloodworth received 8 votes, Mr. Kirby received 4 votes, Mr. Stovall received 3 votes.

The President declared Mr. Guillebeau duly elected Messenger of the Senate.

12

JOURNAL OF THE SENATE,

The next business was the election of President ProTempore of the Senate.

Senator Lovett of the 16th District nominated the Honorable Hugh A. Carithers of the 27th District. Senator Knox of the 3rd District nominated the Honorable John M. Hutcheson of the 44th District. Senator Weaver of the 25th District nominated the Honorable Robert W. Campbell of the 34th District. Senators Sims of the 28th District and Key of the 28th District seconded the nomination of Senator Carithers of the 27th District. Senator Boykin of the 29th District seconded the nomination of Senator Campbell of the 34th District. Senator Cloud of the 19th District seconded the nomination of Senator Hutcheson of the 44th District.

The roll was called. Those voting for Senator Carithers of the 27th District were:

Alston Baggett Cason Conner Culpepper Dorminy Fetzer

Fudge Haralson Hubbard Hutcheson Jackson Key Lewis

Lovett Morris of the 5th Robertson Sims Sisk Sparks Terrell

Those voting for Senator Hutcheson of the 44th District were:

Andrews Boyd Cail Carithers Colson Edmondson

Howard of the 24th Howard of the 2nd Knox Lester Morris of the 39th Nelson

Paschall Rivers Tate Tuten Weaver

Those voting for Senator Campbell of the 34th District were:

Boykin Campbell Cloud Dean

Goldin Groover Hogg Mallett

Moore Pottle Weaver Mr. President

MoNDAY, JANUARY 9, 1933.

13

Senator Carithers received 21 votes, Senator Hutcheson received 17 votes, Senator Campbell received 12 votes.
No one having received a majority vote, a second ballot was held.

Those voting for Senator Carithers of the 27th District on the second ballot were :

Alston Baggett Boyd Cason Conner Culpepper Dean Dorminy Fetzer

Fudge Groover Haralson Hubbard Hutcheson Jackson Key Lester Lewis Lovett

Mallett Moore Morris of the 5th Oliver Pottle Robertson
Sisk Sparks Tate

Those voting for Senator Hutcheson of the 44th District on the second ballot were :

Andrews Cail Carithers Colson Edmondson

Howard of the 24th Howard of the 2nd Knox Morris of the 39th Paschall

Rivers Turner Tuten Mr. President

Those voting for Senator Campbell of the 34th District on the second ballot were :

Boykin Campbell

Cloud Goldin Hogg

Terrell Weaver

Senator Hutcheson of the 44th District received 14 votes, Senator Campbell of the 34th District received 7 votes, Senator Carithers of the 27th District received 28 votes.

The President declared that Senator Carithers of the 27th District had received a majority vote and was duly

14

JOURNAL OF THE SENATE,

elected President Pro Tempore of the Senate, and upon motion of Senator Lovett of the 16th District, the President appointed Senators Lovett of the 16th District, Fetzer of the 1st District and Hubbard of the 31st District to notify Senator Carithers of his election and escort him to the President's stand. The President Pro Tempore addressed the Senate, thanking them for the honor conferred upon him.
The committee appointed earlier in the session to select a Chaplain reported that they recommend the election of the Reverend Dr. Watkins, who served previous Senates so well as Chaplain, and Mr. Watkins was elected.
Senator Jackson of the 21st District asked unanimous consent that Senators having bills and resolutions to introduce, present them to the Secretary at this time, and the consent was granted.
The following resolutions of the Senate were introduced, read the first time and referred to committees :

By Senator Jackson of the 21st District-
Senate Resolution No. 1. To amend the Constitution by repealing Paragraph 16, Section 7, Article 3, and inserting new sections prescribing that no local or special Bills shall be introduced in the Senate or House and authorizing the General Assembly to provide for such matters by general laws.
Referred to Committee on Amendments to the Constitution.
By Senator Jackson of the 21st District-
Senate Resolution No. 2. To amend the Constitution by inserting the words Lieutenant Governor in Paragraph 1, Section 1, Article 5, and by repealing paragraphs of Section 1, Article 5, and inserting a section prescribing the qualifications, manner of electing, powers, duties, etc.

MONDAY, jANUARY 9, 1933.

15

Referred to Committee on Amendments to the Constitution.

The following bills of the Senate were introduced, read the first time and referred to committees :
By Senator Haralson of the 40th District-.
Senate Bill No. 1. A bill to define the offense of kidnapping, for extortion, ransom, or robbing and to prescribe the punishment for same.
Referred to Committee on General Judiciary No. 2.
By Senator Terrell of the 37th District-
Senate Bill No. 2. A bill to establish and define the Franklin D. Roosevelt Highway.
Referred to Committee on Public Highways.
Senator Sims of the 35th District rose to a point of personal privilege and extended an invitation to the officers and members of the Senate to attend a dinner this evening at the Henry Grady Hotel, which was accepted.
The following communication from His Excellency, the Governor, as to a contested election for Senator from the 5th District, was read and referred to the Committee on Privileges and Elections:
To THE PRESIDENT OF THE SENATE:
Complying with Section 124 of the Civil Code, I transmit to you herewith all documents and correspondence in connection with a contest filed in this office upon the election of a Senator from the 5th Senatorial District of Georgia.
Respectfully submitted, RICHARD B. RussELL, JR., Governor.

16

JouRNAL OF THE SENATE,

The President referred the documents and correspondence to the Committee on Privileges and Elections.
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 House, to-wit:
House Resolution No. 1. A resolution that the House has been organized by the election of Hon. E. D. Rivers of Lanier as Speaker, and Andrew J. Kingery of Emanuel as Clerk, and is now 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 resolutions of the Senate, to-wit:

By Mr. Mallett of the 26th District-
Senate Resolution No. 3. A resolution providing for a joint session of the General Assembly in the Hall of the House of Representatives on January 10, 1933, at 10:15 o'clock, for the purpose of canvassing and publishing the election returns for Governor and other Constitutional officers as provided by law.
The Speaker has appointed as a committee on the part of the House Messrs. Donaldson of Bulloch, Dickerson of Clinch, Gaskins of Berrien.

By Mr. Nelson of the 6th District-
Senate Resolution No. 4. A resolution that a committee of five-two from the Senate and three from the House

MoNDAY, JANUARY 9, 1933.

17

-be appointed to arrange for the inauguration ceremonies of the Governor.
The Speaker has appointed as a committee on the part of the House Messrs. Harris of Richmond, Spivey of Emanuel, Ennis of Baldwin.
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 resolution of the Senate, to-wit:

By Mr. Lester of the 18th District:
Senate Resolution No. 2. A resolution that a committee of five, two on the part of the Senate and three on the part of the House, be appointed by the presiding officers of each body, respectively, to wait upon his Excellency the Governor, and inform him that the General Assembly has convened and is ready for the transaction of business.

The Speaker has appointed as a committee on the part of the House Messrs. Crawford of Floyd, Rogers of Wayne, Flynt of Spalding.
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 resolution of the House, to-wit:

By Mr. Harris of Richmond-
House Resolution No. 8. A resolution that the General Assembly convene in the Hall of the House of Representatives in joint session at 10:30 A. M. on Tuesday, Jan-

18

JOURNAL OF THE SENATE,

uary 10, 1933, for the purpose of hearing a message from
His Excellency, Hon. Richard B. Russell, Jr., and that a
committee of five, two from the Senate and three from the House, to be appointed by the President and Speaker, respectively, be named to escort His Excellency to the Hall of the House of Representatives.
The Speaker has appointed on the part of the House Messrs. Dicky of Gordon, Myrick of Chatham, Burson of Barrow.
The report of the commission appointed by the Senate at the session of 1931, Senate Resolution No. 30, to investigate the Judicial and Legislative branches of the State Government, was received and referred to the Committee on General Judiciary No. 1.
The drawing of seats by Senators was now held.
At 12:15 o'clock the President declared a recess subject to the call of the Chair, pending action by the House of Representatives on a Senate Joint Resolution as to arrangements for the inauguration of Governor.
The Senate was called to order at 12:45 o'clock. Upon motion of Senator Fetzer of the 1st District, the sessiOn of the Senate was extended until 2 o'clock P. M.
Senator Jackson of the 21st District moved that the Senate concur in the following House Joint Resolution, and the motion was adopted, to-wit:
By Mr. Harris of Richmond-
House Resolution No. 8. A resolution that the General Assembly convene in the Hall of the House of Representatives in joint session at 10:30 A. M. on Tuesday, January 10, 1933, for the purpose of hearing a message from His Excellency, Honorable Richard B. Russell, Jr., and that a committee of five, two from the Senate and three from the House, to be appointed by the President and

MONDAY, jANUARY 9, 1933.

19

Speaker, respectively, b named to escort His Excellency to the Hall of the House of Representatives.
The President appointed, under authority of the above resolution, the following committee on the part of the Senate: Senator Culpepper of the 36th District, Senator Rivers of the 15th District.
The following joint resolution of the Senate was introduced, read and referred to the Committee on Amendments to the Constitution:

By Senator Jackson of the 21st District-
Senate Resolution No. 10. A resolution to ratify an amendment to the Constitution of the United States so as to fix the commencement of the terms of President, VicePresident and members of Congress.
Senator Campbell of the 34th District reported that the committee appointed to wait upon His Excellency, the Governor, to inform him that the General Assembly had convened and organized, had performed this service.
Upon motion of Senator Fetzer of the 1st District, the Senate voted to adjourn. The President declared the Senate adjourned until 10 o'clock tomorrow morning.

20

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA., TuESDAY, JANUARY 10, 1933.

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

Prayer was offered by the Chaplain.

Senator Fetzer of the 1st District asked unanimous consent that the calling of the roll be dispensed with and the consent was granted.

Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

Senator Carithers of the 27th District asked unanimous consent that the reading of the Journal be dispensed with and the consent was granted.

The Journal was confirmed.

The following resolution of the Senate was read and adopted:

Senate Resolution No. 11. A resolution thanking Senator Sims of the 35th District for a dinner given by him last night at the Henry Grady Hotel in honor of the members of the General Assembly.

Senator Sims of the 35th District invited the officers and members of the Senate to attend a bird supper at the Ansley Hotel at 6:30 o'clock this evening, and the invitation was accepted.

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

TUESDAY, JANUARY 10, 1933.

21

MR. PRESIDENT:
The House has adopted by the requisite Constitutional majority the following resolution of the House, to-wit:

By Mr. Harris of Richmond-
House Resolution No. 9. A resolution that the General Assembly convene in joint session at 12 o'clock, noon, today for the purpose of inaugurating the Governor-elect.
The following resolution of the Senate was read and adopted:

By Senator Campbell of the 34th District-
Senate Resolution No. 12. A resolution that upon adjourning today for the purpose of going into joint session with the House of Represertatives, that the Senate stand adjourned until 10 o'clock tomorrow morning.
The President announced that the Senate would stand adjourned until 10 o'clock A. M. tomorrow morning after dissolution of the joint session in the Hall of the House of Representatives, to inaugurate the Governor, at noon today.
The Senate concurred in the following joint resolution of the House by Mr. Harris of Richmond:
House Resolution No. 9. Resolved by the House, the Senate concurring, that the General Assembly convene in the Hall of the House of Representatives in joint session, at 12 o'clock, noon, for the purpose of inaugurating the Governor-elect; and that a committee of five be appointed, three from the House and two from the Senate, to escort the Governor-elect.
The President appointed on the part of the Senate, Senators Carithers of -the 27th District and Dorminy of the 45th District.

22

jOURNAL OF THE SENATE,

Senator Fetzer of the 1st District moved that the Senate go into executive session, and the motion prevailed.
The Senate went into executive session at 10:10 o'clock A.M. today.
The Senate was called to order at 10:15 o'clock, and 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 Senators, proceeded to the Hall of the House of Representatives and the joint session called for the purpose of counting and consolidating 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.
Mr. Harris of Richmond moved that the President appoint a committee of five, three from the House and two from the Senate, to count and consolidate the vote and report the result to the General Assembly in five minutes. The motion prevailed.
The President appointed as a committee on the part of the House, Mr. Bruton of Cook, Mr. Williams of Habersham, Mr. Minchew of Atkinson; and on the part of the Senate, S'enator Nelson of the 6th District and Senator Tuten of the 46th District.
The Committee of Tellers submitted the following report:

ATLANTA, GA., jANUARY 10, 1933.

To THE GENERAL AssEMBLY OF GEORGIA IN ]OINT SEs-
SION:
We, your Tellers, appointed to canvass the vote for Gov-

TUESDAY, JANUARY 10, 1933.

23

ernor and State House officers as required by the Constitution, beg leave to submit the following report:
VOTES For Governor-Eugene Talmadge ________________________240,242 For Secretary of State-John B. Wilson________________240,209 For Comptroller-General-William B. Harrison__240, 196 For Treasurer-M. L. Ledford______________________________ 240,212 For Attorney-General-M. J. Y eomans__________________240, 192

Respectfully submitted,
On part of the Senate: A. J. TuTEN, 46th District, H. W. NELSON, 6th District.

On part of the House: T. D. WILLIAMS, Habersham, D. F. BRUTON, Cook, A. T. MINCHEW, Atkinson.

The report of the committee was unanimously adopted and the President declared the result of the vote as reported by the Tellers for Governor, Secretary of State, Comptroller-General, Treasurer and Attorney-General.

The Secretary of the Senate then read the joint resolution of the Senate and House calling the joint session of both Houses to hear the message of the retiring Governor, His Excellency, Richard B. Russell, Jr. The committee appointed to accompany the Governor escorted him to the stand. The President of the Senate presented the Governor to the General Assembly and the Governor read his message, which is as follows, to-wit:

24

jOURNAL OF THE SENATE,

Mr. President, Mr. Speaker, Members of the General Assembly:

To fulfill the requirements of law, I come before you, the representatives of all of the people of Georgia, to obey the Constitutional ma.ndate directing the Governor to give the General Assembly, from time to time, information of the state of the Commonwealth and to recommend to their consideration such measures as may be deemed necessary or expedient.
The members of this General Assembly have come into official responsibility at a very critical time in the life of our State. The people of this State and Nation are still contending with one of the greatest depressions of history. Thousands of our people walk the streets of our cities or the highways of our counties, eagerly seeking employment that will provide sufficient money to enable them to eke out even a precarious existence for themselves and their families.
With an abundance of food and clothing, we have such a maldistribution of wealth that thousands of our people are suffering for want of the very necessities of life.
Agriculture is our basic industry in Georgia and never in the history .of the State has life on the farm been at such a low ebb. Values of all property have greatly diminished, but the shrinkage has been most acute in farm lands and farm equipment. Over a long period of time the farmer has been compelled to sell the products of his toil below the cost of production. This has paralyzed our entire economic system and resulted in the virtual bankruptcy of the sturdy citizens who constitute the backbone of our civilization and who are today suffering, not because their labors have produced too little but because they have produced too much.
It does not require an array of statistics to establish

TUESDAY, }ANUARY 10, 1933.

25

the desperate plight of the farmers of this country today, nor how agriculture has been prostrated in recent years. This condition is a matter of common knowledge to every person within the sound of my voice. It is staggering to contemplate, however, that the value of all farm lands in the United States has decreased from sixty-six billion dollars in 1920 to forty-seven billion in 1930, with a marked trend downward since: In the same period of time, the amount of farm mortgages on these lands has increased from $3,320,000,000.00 in 1920 to the huge total of $9,468,000,000.00 in 1930. In this period the farm income shrunk two billion five hundred thirty-four million dollars. The income of the farm population of the United States was fifteen per cent of the total income of the Nation in 1920. It fell to eleven per cent in 1925, but in 1932 it was estimated at only seven per cent of that total.

It is evident to the most obtuse that we cannot have any real prosperity in this Nation until the buying power of the farmer is restored and he is enabled to earn an income commensurate with his importance in our scheme of life and in more due proportion to his toil. Agriculture is not only our basic resource but it is the real foundation of our economic structure. The catastrophe which has overtaken our economic structure has shaken the very foundations and in rebuilding we must commence with and from the ground, realizing that if the buying power of the farmer is restored all other lines of industry and business will be revitalized.
It is doubtless true that conditions in Georgia generally are much better than in some of our sister states, but, at best, this is but poor consolation. We cannot content ourselves merely with poiPting out how matters might be worse but must unselfishly devote our time and talents to mobilizing the thought and resources of this State to make conditions better. This is the supreme test of patriotic statesmanship.

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jOURNAL OF THE SENATE,

The results of your deliberations will vitally affect the lives and happiness of three million Georgians. In our scheme of government the Legislative, Executive and Judicial Departments are all separate and distinct and each operates within its own proper sphere. In its last analysis, however, the representatives of the people, convened into Legislative session are the all-powerful branch of the government. They have the power, within Constitutional limitations, to prescribe or circumscribe the power of other coordinate branches. They furnish the sinews of finance for the support of every agency of government and, through this power alone, are supreme.
This is meet and proper for the Legislature convenes every two years, fresh from the people, not subject to intimidation or dictation, to legislate solely for the benefit of the whole people while the voices of their constituents are yet ringing in their ears.
I know the spirit of service in which this General Assembly convenes and that they will not heed the siren voice of those who might have a special interest to protect or promote, but that they will consider every piece of legislation coming before them solely with the view of legislating for the greatest good of the greatest number.

ECONOMY THE WATCHWORD OF THE HOUR
It is unnecessary for me to state that it will be necessary for the Legislature to practice the most rigid economy in the expenditure of money. The Treasury of a government cannot avoid reflecting the condition of its citizens. Hard times have reduced the State's income, both from income and property taxes, as well as from other sources of revenue.
The increased value of the dollar, due to its scarcity, should enable the State to give practically the same service to its people at reduced cost and the greatest problem of

TuESDAY, JANUARY 10, 1933.

27

government now is to obtain one hundred cents of service for every tax dollar paid into the Treasury, for many of those tax dollars represent blood money wrung from citizens who are already hard pressed.
During my tenure of office we have sought to scan every governmental expenditure with extreme care with the one idea of seeing that the State budget was balanced and that the staggering total of past due and unpaid appropriations to the State's institutions was not increased.
The severity of the depression has caused conditions to change so rapidly that it is difficult to give definite information as to the future status of the State's finances. The fiscal condition can change before the ink is dry on figures that are based on information that in the past has been reliable. .
For example, in making up the budget the estimated income for 1932 was greatly reduced below that for 1931 in an effort to be on the side of safety, but, despite all precautions, there would have been an additional deficit for 1932 but for the saving clause in the Appropriation Bill which provided for an equal cut in the appropriation to every spending agency in case the State's income showed any further reduction and was not sufficient to meet all appropriations in full.

The Legislature at its last meeting in 1931 recognized the stress of economic conditions and passed legislation that was designed to meet it. They reduced appropriations materially from what they had been in previous years in order to make governmental expenditures meet the income of the State.
In addition to this they passed a far-reaching and comprehensive bill which reorganized the Executive and Administrative branches of the government with the end in view of increasing the efficiency of the State government

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and thereby rendering better service to our people at a reduced cost.
It is recognized that the first step to economic recovery must be the reduction of governmental expenditures in every subdivision of government from Washington down to the smallest and most remote local school district which has the power to levy taxes.
But for the progressive thought and action of the last Legislature, it is doubtful if all of the State's institutions could have been operated during this administration and the standard of service heretofore rendered been maintained on the limited funds available.
Two of the most important instrumentalities in effecting economics are shown in the operation of the institutions of higher education of the State under th.e control of the Board of Regents of the University System and the operation of the various eleemosynary and charitable institutions of the State under the Board of ControL
The Reorganization Act of 1931 placed under the control of the Board of Regents the twenty-four branches of the University System which are maintained by the State, as well as of the two agricultural experiment stations which have heretofore received support from the State Treasury.
In the year 1931, being the year before the remedial legislation enacted by the past Assembly took effect, the total appropriation for these various units of government amounted to the sum of $2,302,116.00. All of this was not paid but a substantial portion of the amounts not received and expended were either borrowed or utilized in credits chargeable against unpaid appropriations which represent the State deficit.
Under the administration of the Board of Regents in the year 1932 these same institutions received from the State Treasury, undE:r the terms of the 1931 Appropriation Act,

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29

the sum of $1,685,697.50, a reduction in appropriation of $616,418.50.
Despite this great economy and reduction in funds available for the maintenance and support of these institutions, their doors have been kept open and the high quality of the training heretofore given the young manhood and womanhood of Georgia has been maintained. It is also interesting to note that practically as many students are in attendance on our University System in 1932 as has been the case in any other year in the history of our State and that, despite the rigors of hard times, the parents of Georgia are still determined to give their boys and girls the advantages of educational training.
The Reorganization Act of 1931 also placed under the direction and control of a central Board of Control all of the important hospitals and social institutions of the State, including the Milledgeville State Hospital for the mentally afflicted, the Tubercular Sanitorium at Alto, the School for Mentally Deficient Children at Gracewood, The School for the Deaf, the School for the Blind, the Training School for Girls and the Training School for Boys, at Milledgeville, as well as the Confederate Soldiers Home, in Atlanta.
The total amount provided in the General Appropriation Bill of 1929, for expenditure by these institutions in the year 1931, was $2,057,270.00, and such part of this sum as was not actually paid to these institutions was added to the State deficit and in many cases resulted in these institutions incurring indebtednesses against past due appropriations that are still in existence.
In the year 1932, the Board of Control of these institutions, which was created by the Reorganization Act of 1931, received the sum of $1,583,707.50, which had been contributed by the taxpayers of the State to the State Treasury, making a reduction of $473,562.50 in the appropriations to these institutions.

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Despite the great decrease in the amounts appropriated to these institutions, the Board of Control has not only operated very successfully bot has actually taken part of the reduced 1932 appropriation and applied it to debts contracted in previous years when the State was operating under an unbalanced budget.

It would be tiresome were I to take up each of these institutions in detail and outline all of the savings that have been accomplished. However, as an illustration, the Board of Control was enabled to pay the sum of $24,750.28 from its 1932 appropriation to the State Sanitarium for tuberculars at Alto in discharging debts which were incurred prior to 1932 and which had been contracted by reason of the failure of the State to pay its appropriations. This payment and the application of the funds derived from discounted W. & A. Rentals wiped out and satisfied a deficit of $38,492.28, which was inherited by the Board of Control when it took over these institutions and left this institution without a dollar's indebtedness.

It is interesting to note in passing that the per capita cost per day of this institution to the taxpayers has been reduced from $2.10 a day in 1931 to $1.86 a day in 1932. It is, of course, recognized that .a tubercular sanitarium is one of the most expensive institutions per patient supported by any government and I am confident that the per capita cost here compares favorably with the cost of similar institutions in our sister states.

In the case of the Georgia State Hospital at Milledgeville, the Board of Control has been able to reduce the per capita cost per day from sixty-two cents in 1931 to forty-nine cents in 1932, and, despite the greatly reduced maintenance appropriation for this institution in 1932, they have paid the sum of $62,897.28 from this appropriation on accounts which were incurred prior to 1932 by reason of the State's failing to pay appropriations in full.

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31

. When the Board of Control took charge of the affairs of this institution, there was a floating indebtedness of $287,691.50 and by payments from 1932 appropriations and application of funds received from the discounted W. & A. rentals with the Highway Department, the sum of $125,467.28 has been applied on these past due debts.
This is the largest of all the State's eleemosynary institutions and, despite the fact that the capacity of this institution is 4,700 patients, the average daily population in 1932 amounted to 5,671.
The manner in which the burdens of the State's institutions of this nature are increased by the hard times which are being experienced in the homes of our people, is evidenced by the fact that there are almost 1,000 on the waiting list of this institution that it is impossible to admit, as the limited facilities are already taxed to the utmost.
Figures are always tiresome and I will not tax your patience by detailed statements on other institutions under the direction of these two Boards. The two instances cited illustrate in part the manifold benefits which have accrued to the tax burdened citizens of this State by reason of the creation of the Board of Regents and the Board of Control.
It was impossible, under the old haphazard system, to obtain these savings, despite the splendid efforts of the patriotic men and women who comprised the thirty odd different Boards and governing bodies thereof, due to the fact that, under the old system there was no correlation of effort, and, in addition, there was a grievous lack of centralized authority and information as to the activities of other institutions of similar kind.
The citizens who make up the personnel of the Board of Regents and the Board of Control have unselfishly given of their time and talents to maintain the vital institutions of this State at a minimum of expense to a tax burdened people and they are entitled to receive the appreciation of

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the entire State for the success which has crowned their efforts. In the face of. shrinking incomes and drasticaily reduced means we have been enabled, through the powers conferred in the Reorganization Act, not only to stand still but actually to move forward.
The total amount of revenue collected from our people in taxes and imbursed into the State Treasury during the year 1931 amounted to $31,511,833.64, and in the year 1932 the revenue of the State decreased nearly three and a half million dollars to $28,156,177.14. The wisdom of the General Assembly's action in 1931 in providing for a balanced budget and cutting the cloth of expenditure to fit the garment of income is clearly manifested when we compare the appropriations made for the year 1931 with the appropriations made by the Legislature in 1931 for the year 1932. The total amount appropriated by the General Assembly for all purposes in the year 1931, including allocated funds, was $33,569,839.03, whereas the total amount appropriated by the General Assembly for all purposes for the year 1932 was $28,134,688.87. That this administration has been an economical one is evidenced by this reduction of $5,435,150.16, which included the shrinkage in allocated funds.
As I have stated, the condition of the State's Treasury in regard to revenue accruing necessarily reflects the financial condition of the citizens of the State. There has been a drastic reduction in the amount of ad valorem property taxes paid into the State's treasury for the past two years and this reduction is especially marked in the comparison between 1931 and 1932.
Ad valorem property taxes paid into the State's Treasury in the year 1931 amounted to $6,275,736.24, whereas the total amount of ad valorem taxes paid into the State's Treasury in the year 1932 was $5,111,851.24, a shrinkage in the State's revenue from this one source of $1,161,885.00.
Consideration of these figures will give you some idea

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33

of the difficulties of administering the State's business efficiently on the greatly reduced revenue which has been encountered by the outgoing administration and which awaits you and my successor in office.
This General Assembly is charged with the responsibility of maintaining a balanced budget and it becomes your duty to scrutinize carefully every governmental appropriation and every agency of the State's government. We cannot attempt to spend more money than is paid into the Treasury without causing confusion and impairing the credit of the State and reflecting on its good name. Appropriations must be reduced and service dispensed with until we are sure that the State will live within its income.
The reorganized government is not perfect in all of its details. Human institutions never achieve perfection. It is the duty of your body to make such further eliminations and consolidations as may be necessary to afford the taxpayers of this State the relief that the times demand and that they have a right to expect.

UNPAID APPROPRIATIONS
There is a large total of past due and unpaid appropriations due to various institutions and agencies of the State that has come down to us from the days before we recognized the necessity of balancing the budget and which have constituted a considerable problem in the operation of the State's affairs. As I have pointed out heretofore, it is useless to discuss the legality of unpaid appropriations which are carried over from year to year. In so far as they represent debts of the institutions concerned, which were contracted in good faith in the expectation of receiving funds promised by act of the General Assembly, they must
be paid and liquidated. We cannot do less if we hope to
preserve the credit and ,good name of Georgia.
The sum of $1,902,112.20 was paid on these past due and unpaid appropriations for 1928-1929 and 1930 in Oc-

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tober, 1931. Even after this payment the total amount of these past due and unpaid appropriations, as of December 31st, 1931, was $9,215,363.55. Necessarily past indebtednesses made in more prosperous times, when our citizens were better able to pay taxes, could not be speedily liquidated in the face of such a tremendous drop in revenue without abolishing important institutions that are rendering valuable services to our people.
The amount of past due and unpaid appropriations or cash deficit, as of December 31st, 1932, was $7,575,231.87. The State has paid the substantial sum of $1,640,131.68 in liquidating these past due debts during the year 1932, without incurring any increase whatever in the deficit, and with its income greatly reduced.

TEMPORARY LOANS UNDER CONSTITUTION
When this administration commenced, in addition to the past due and unpaid appropriations just referred to, the State owed the sum of $3,900,000.00 in current debts of unquestioned validity, representing monies obtained under the Constitutional borrowing power of the Governor for the common schools and under the provision permitting the Governor to borrow money to supply casual deficiencies, and there was no substantial amount of money in the Treasury with which to meet this obligation.
The State now owes only $2,700,000.00 that was contracted by exercise of the borrowing power of the Governor since this administration commenced. The State, therefore, owes $1,200,000.00 less in borrowed money than when this administration commenced and, in addition, we have on hand in the Treasury the sum of $1,100,000.00 to meet the first maturity of these notes which comes January 15th, and amounts to one million dollars principal.

CONFEDERATE PENSIONS For the first time in a number of years, this administra-

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35

tion has been able to meet monthly the current pension payments to the heroes of the Confederacy and their widows. These payments have not always been met promptly on the first of the month, due to the difficulty of collecting taxes, but all of these recipients of the gratitude of a great people have been paid all pensions that have become due during this administration, except for the month of December, and there is almost enough money in the Treasury from the cigar and cigarette tax to meet this and it will be paid within a few days.

PUBLIC SCHOOL SYSTEM
Our public school system is the foundation of society and on its progress depends the future of representative government. Without regard for the vital necessity of curtailing governmental activities, we cannot afford to take any step that will deprive the boys and girls of Georgia of the advantages of the training of the common schools. Those who have the actual direction of this great work in their keeping have carried on through this period of depression and have maintained the standard of efficiency and the quality of service of past years. There is doubtless great room for improvement and expansion in our common school system and each General Assembly should work with this end in view. The schools have not had as much money available as in 1931 but we have at least kept our schools open and available to our people when many of our sister states have been compelled to close their schools or drastically shorten the terms for the lack of finances.

The State Equalization Fund allocated to the common school system, which is designed to aid in partly equalizing educational advantages of the boys and girls of rural sections with those who live in proximity to our excellent city schools, has meant the very life of some of our rural schools and has proven of incalculable benefit to those who have educational advantages and facilities.

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jOURNAL OF THE SENATE,

In my opinion this is the most important and valuable money that is expended by the State for any purpose and promises a greater return on the investment. In these trying times when the collection of taxes by local school districts has shown a great decrease, nothing should be done that will reduce the amount which is supplied them by the Equalization J!und.
Conditions require us to study every governmental expenditure in the hope of finding a means to economize without impairing efficiency and the common schools should be no exception to this rule, but the difficulties of our rural schools are so great in this hour that I am sure the Assembly will not consider disturbing the present Equalization Fund.
One of the outstanding achievements of the past Legislature was the enactment of the uniform School Book Law, providing for the installation of a uniform system that will have the same books used in every schoolhouse in Georgia. This legislation will enable the people of Georgia to obtain school books for their children of the very highest quality at greatly reduced prices, and, at the expiration of present contracts, this economy for our people will be enjoyed and no longer will people moving from one school district to another be required to buy an entirely new set of books for their children and the State has much more latitude in contracting for school books.

THE TAX SYSTEM
In my Inaugural Address two years ago, I pointed out to the General Assembly that the uniform system of ad valorem taxes in this State had long since served its .purpose and was worn out and broken down and that it placed an undue burden upon the owners of farm lands and other real estate and visible property. We see today that thousands of owners of farms and homes cannot meet the taxes imposed upon them and have been financially crushed by

TuESDAY, JANUARY 10, 1933.

37

the strain of being forced to bear practically all of the burden of government, including state, county, municipal, and other local subdivisions. The State alone has over three million dollars due it in uncollected property taxes. The income of the farm and the home owner has been largely swept away and the burden of taxes assessed against real property by the various subdivisions of government amounts to confiscation and deprives all save the very wealthy of the right of owning the home in which he lives unencumbered.
In my Message to the General Assembly in 1931, I recommended an Amendment to the Constitution which would permit the Legislature to classify property for tax purposes. This is in keeping with the modern trend and will enable the Legislature to impose taxes upon that class of property best able to stand it, with an idea of relieving farm lands, and perhaps all real estate, from taxes for State purposes.
The General Assembly proposed a Constitutional Amendment which provided merely for the classification of intangible property and, on account of the fact that this Amendment was capable of more than one construction and undertook to limit the total tax assessed against all classes of intangible property at five tnills, the people rejected it at the polls in November.
I again recommend that the Constitution of this State be amended so as to empower the General Assembly to classify property for the purposes of taxation.

The chief difficulty in securing the passage of this Amendment in the past has been the efforts of the authors of such legislation to write into the Constitution too many restrictions and inhibitions in the levying of such a tax, but we must bear in mind that all the wisdom and patriotism and courage of this State will not perish with the adjournment of any one Legislature and I recommend that a Constitutional Amendment be passed which will merely provide that

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the General Assembly shall have the right and power to classify property for purposes of taxation and levy different rates of taxation on different classes of property and to further give the General Assembly the right to segregate different classes of property for tax purposes between the State and its various subdivisions of government.
Other Legislatures have met and considered the advisability of reforming our tax system so as to relieve real property of its unbearable burden. This Legislature is faced with the necessity of tax reform if they would not have wrung from the hands of the owners the homes and farms that remain in their hands. The burden of the cost of government in this State must be more equitably distributed and it is imperative that the State retire from the field of property tax on land and derive its income from other sources.
HIGHWAY PROGRESS
Since July 1, 1931, the State Highway Department 'has constructed 909 miles of pavement on the State aid system and, in addition, has constructed 684 miles of. earth, soil and gravel roads. This has resulted in the connection of many of the broken links in our system that have heretofore been such a nightmare to the traveler in bad weather.
Though we have made great progress in road construction, there are still a number of counties in the State, whose citizens have contributed tax money for many years for the purpose of building highways, who still either have no pavement at all or have a small amount of paving within their borders.
I
The Counties of Atkinson, Baker, Banks. Bleckley, Calhoun, Clay, Fayette, Forsyth, Glascock, Greene, Heard, Lincoln, Marion, Miller, Paulding, Randolph, Treutlen, Webster and Wilkinson have not a foot of pavement within their borders.

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39

The Counties of Butts, Crawford, Dawson, Echols, Jenkins, Murray, Polk and Quitman have less than six miles of pavement, and the Counties of Berrien, Candler, Columbia, Evans, Franklin, Hancock, Johnson, Lanier, Oglethorpe, Rockdale, Screven, Talbot, Tattnall, Twiggs, Upson, Warren, and Wheeler have less than ten miles of paveme~t to serve their citizens.

Whatever the exigencies of the times may dictate that you do with the State's revenue, common justice to the counties that have no pavement demands that legislation be enacted that will see that, from such funds as are appropriated to the Highway Department, these counties obtain at least one paved highway before all construction work on the State Highway system ceases. I am confident that, regardless of whether all of the roads in many of our counties are paved to completion, the sense of fairness of every member of this body would impell him to protect the interests of the citizens of these counties who have contributed taxes patiently for many years in the hope of obtaining an all-weather road.

The people ratified the Constitutional Amendment providing for the repayment of the various counties of the State the funds that they had advanced to the State Highway Department for expenditure on the roads within the State system. This Constitutional provision will take about two and a half million dollars from funds appropriated to the Highway Department, commencing in 1936, to repay ten per cent of these funds annually for ten years. 148 counties of the State are holding these certificates of indebtedness from the State Highway Department and it will be a great relief to the taxpayers of these counties to obtain these funds. These payments to the counties will help to retir~ County bonds and reduce county tax rates and lighten the heavy burden now resting on the owners of homes, real .estate and visible property.

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JoURNAL OF THE SENATE,

Our State highway system is taking form and is paid for. Our people have no huge bonded indebtedness hanging over them and the wisdom of our action in clinging to the established policy of our State of avoiding indebtedness is justified in these trying times when the great increase in the value of the dollar is placing an almost unbearable strain upon governments who have fixed charges for the amortization of huge bonded debts. It is the experience of history that the fluctuating value of money in times of depression can result disastrously to those who have large indebtednesses that were contracted when money was cheap and plentiful. The tax dollar paid today on a bonded indebtedness incurred in 1919 means that the postponement of payment for the service is causing it to cost the taxpayer much more than interest.

REGULATION OF BUSSES AND TRUCKS
One of the most serious problems before the people of Georgia today with reference to our highway system is the proper regulation of motor trucks and busses of unusual size and weight and those operated for hire upon the public highways.
There has been a clash of thought between those who are interested in the railroads and are alarmed at the rapidly decreasing revenue of these utilities, which has been partly attributed to the competition with motor transportation, and those who hold that the motor busses and trucks should be permitted to operate upon the public highways on the theory of service to the people without any special taxation or regulation.
Without regard to the argument between the railroads and bus lines, the people of Georgia have a vital interest in this matter. They have paid an enormous sum in taxes over a long period of years in an effort to obtain an allweather system of paved roads to serve them. There is no

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41

question but that loads of excessive weight are very damaging to the highways and shorten their life of service materially.

I recommend that the General Assembly enact proper legislation to see that loads of a weight or size sufficient to damage the highways or endanger the lives of others traveling the highways be prohibited and that all transportation on the highways for hire be taxed its due proportion.

HIGHWAY PATROL
I recommend to you that you study the advisability of using a State Highway patrol.
In this age of modern transportation, such a system will mean the saving of lives of many who travel our highways, as well as the enforcement of all motor vehicle laws. There is no reason why the State Highway patrol cannot carry on all of the work now being done by the inspectors assigned to the Public Service Commission for the enforcement of the regulatory measures under that Department ; the inspectors who are enforcing the automobile license tag tax, who are assigned to the Revenue Department and the Highway Department; and the collectors of the taxes assessed on busses and trucks, who are assigned to the Revenue Commission, under the direction of the ComptrollerGeneral. It might also be possible for such a State Highway patrol to undertake the enforcement of the taxes on cigarette and cigar sales and special license taxes and in one compact organization of State handle work now being done under the heads of many Departments much more efficiently and expeditiously and at a great reduction in expense with an increase of service.

ELECTION LAWS
Georgia has practically no election laws for the conduct of General Elections except in the counties which use the

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jOURNAL OF THE SENATE,

Australian ballot and this law is incomplete and vague. The Governor and Secretary of State and the other State officials charged with the duty of administering the election laws and directing the elections are thrown more upon custom, usage and expediency than upon statutory direction and authority. The Legislature would perform a distinct service to the State if some of th~ members of this body would ~tudy and prepare an Act that would clarify and harmonize the various statutes of this State relating to General Elections.
"LAME DUCK" AMENDMENT TO FEDERAL CONSTITUTION
Since the last meeting of the Legislature, the Congress
of the United States has proposed to the Legislatures of
the several states an Amendment to the Federal Constitution abolishing the commonly designated "lame duck" sessions of Congress and providing for the inauguration of the President and the installation of newly elected members of Congress in January rather than in March, as is now the system.
This change in our National Constitution is similar to the change made in our State Constitution by virtue of which this Legislature meets and my successor is inaugurated today rather than the latter part of June, as was heretofore provided.
It is apparent to anyone that this Amendment will promote the efficiency of our government and will permit the will of our people to be more speedily translated into law and I recommend that the General Assembly of Georgia immediately ratify this proposed Amendment to the Constitution of the United States.
FORESTRY EXPERIMENT
The Forestry Department is conducting a most important work in experiment and research at Savannah, Georgia, to

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43

determine the possibility and practicability of manufacturing paper from various types of Georgia pine. This was made possible through legislation enacted by the past Legislature, appropriating $20,000.00 for each of the years 1932 and 1933 and by obtaining a grant of $50,000.00 from the Chemical Foundation. We are, therefore, fortunate enough to have the State Treasury relieved of the greater part of the expense of this important work.
There are untold possibilities in this movement and the progress of the work to the present time gives great hope that it will be successful. It would be a great boon to the State and our people if this additional source of wealth could be firmly established in our State. We have thousands of abandoned farms that are now a dead expense to their owners and if we find it possible to utilize our vacant lands and, through reforestration, provide a source of income for the owners, it will mean new industries for our State and an increase in the income of our people.
The duties of the Governor's office have been arduous and trying during my eighteen months of office, but it has been a labor of love to attempt to serve the people of my State and justify the confidence that they have expressed in me.
Words cannot express the gratitude that I feel for the members of the General Assembly for their wholehearted cooperation in our efforts to adjust the State's business to rapidly changing conditions.
In assuming office as Governor I stated that our problems could not be met without the aid. and assistance of every patriotic citizen of this State. That assistance has been given and without it our efforts could not have possibly attained any measure of success.
It is a source of gratification to me that it has not been necessary to proclaim martial law in any section of this

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jOURNAL OF THE SENATE,

State during my tenure of office and that not a single life has been taken in Georgia by lynching.
I have sought to enforce fairly all the law~ and to exercise carefully the power of clemency vested in the Governor by the Constitution, weighing carefully the dictates of mercy and human sympathy with the rights of society and the proper vindication of the law.
If there is one final thought that I would enjoin upon you, which comes as a result of my experience as a member of this body and in the Governor's office, it is that, whatever may..come, you balance the budget of the State and see that appropriations do not exceed the income. We cannot appropriate more money than comes into the Treasury without disaster. The people of Georgia cannot stand any considerable increase in taxation and some of those who have long borne burdens which have become unbearable must be relieved. If it becomes your painful duty to be compelled to cut expenses lower than have heretofore been known, I know that you will face the issue like men.
As you approach the grave problems before you for solution, I can assure you that I am aware of the many obstacles and difficulties which you will meet. From my years of service in this body, I can understand the conflicting emotions that will be yours as you are importuned on one side for either increased appropriations or special favors and are met on the other hand with pleas from those who demand a reduction in expenditures.
The patience and courage of our people have been tried
to the limit by the fires of adversity and discouragement.
They have met disaster after disaster with a fortitude and Spartan courage that is worthy of the heritage of courage handed down to us by those who built our State in the face of trials and adversities. Suffering and discouragement have been borne with a sublime faith in the ultimate future of our State when the shadows which now surround us

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45

shall have passed away. The spirit of self-sacrifice and resourcefulness demonstrated during the trying times through which we have been passing, demonstrate that we still have in our people a priceless asset in keeping with the natural advantages which when properly utilized will make our State self-contained.
The sinister seeds of Communism and Socialism, naturally expected to germinate in a spirit of discontent, have found no welcome within our borders and have not affected a people who still cling to the landmarks that our forefathers set and who rightly interpret that no material change for the better can come except through the orderly processes of constitutional government.

GEORGIA'S BICENTENNIAL
Next month marks the two hundredth anniversary of the landing of James Oglethorpe at Yamacraw Bluff and the bi.rth of the State of Georgia. This event will be celebrated with appropriate exercises in every county of Georgia and will enable all the people of our State to review our glorious history and reappraise the great achievements of the sons and daughters of Georgia.
The history of Georgia has been one long struggle with adversity from the time the Colony was founded as a military outpost to serve as a buffer between the Spaniards of the South and the Indians of the West for the protection of the other Colonies scattered along the Atlantic seaboard.
May we be able to reach into the recesses of the past and refresh and sustain ourselves with the unconquerable determination of those who overcome apparently insurmountable obstacles as they pressed forward in the building of the civilization we enjoy today.
This is no time for hysteria or for panic. Our problems will only be solved by calm reasoning and clear judgments. We have come to realize that progress along the road to

46

}OGRNAL OF THE SENATE,

recovery will be slow and tedious and that there is no magic lamp that can be rubbed to bring back a time of immediate prosperity.
It is the duty of this General Assembly to justify the faith and patience of a great people by passing all remedial legislation within their power to afford our people the fullest measure of relief that the combined resources of this Commonwealth will afford.
I leave the Office of Governor of Georgia with full confidence that the members of this body are approaching their duties in a spirit of service worthy of the finest history and traditions of Georgia and that you will render your full contribution to carry our State forward and to help our people emerge from the shadows of the hour.
RICHARD B. RUSSELL, JR.
Atlanta, Ga., January 10, 1933.

Senator Rivers, of the 15th District asked unanimous consent that the General Assembly be now dissolved, and the consent was granted.
The Senate, after a brief recess, 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 Honorable Hamilton McWhorter, President of the Senate at twelve o'clock, noon.
The Honorable John T. Boifeuillet, Secretary of the Senate, read the joint resolution convening the General Assembly to inaugurate the Governor-elect.
The Honorable Eugene Talmadge, Governor-elect, escorted by the joint committee of the Senate and House on the inaugural ceremonies, accompanied by Governor Richard Brevard Russell, Jr., State House officers and distinguished guests, entered the hall and occupied seats re-

TUESDAY, jANUARY 10, 1933.

47

served for them, the Governor and Governor-elect being seated on the Speaker's dias.
The ReverendS. H. Burgin, pastor of St. Marks Methodist Church of Atlanta, offered the invocation.
The oath of office was administered by Chief Justice Richard Brevard Russell of the Supreme Court of Georgia to the Governor-elect, the Honorable Eugene Talmadge.
The Honorable John B. Wilson, Secretary of State, delivered the Great Seal of the State of Georgia, to the retiring Governor who in turn handed it to the incoming Governor.
Governor Talmadge administered the oath of office to the Honorable John B. Wilson, Secretary of State-elect and delivered to him the Great Seal of the State.
The Governor then delivered his inaugural address. The address is as follows, to-wit:

INAUGURAL ADDRESS OF EUGENE TALMADGE, GOVERNOR OF GEORGIA, JANUARY 10, 1933

LADIES AND GENTLEMEN OF THE GENERAL ASSEMBLY,
AND MY FELLOW CouNTRYMEN :
Some time the ambition of a lifetime is realized, and we stand before you today feeling our inadequacy to express our thoughts and feelings
In appearing before the General Assembly of Georgia I wish you to know that I thoroughly realize that the Legislative branch of the government is the highest branch of our government under the Constitution of the State of Georgia.

48

JoURNAL OF THE SENATE,

I wish you to know that I thoroughly realize that you are here to look after the interests of the people of the State while you are here and to fix it so I can look after them for you when you have gone.
I feel that campaign pledges and promises are sacred things. I feel that an official who comes into office should give first consideration to his campaign promises which he carried before the people of the State. I want to talk to you about a few of these.
Since an emergency has arisen in this State I think it proper and request the General Assembly of the State to stay here in session so as to pass on legislation. Under the law now the Legislature meets for ten days. As I understand it, it can only organize and introduce bills. You can continue in regular session, however, by joint resolution of both Houses and I respectfully request that you do this and dispose of the emergency legislation that requires urgent attention.
One of my campaign promises to the people of Georgia was that I would try to get them an automobile tag for the flat rate of $3.00. I do not know of anything that would help the people of Georgia more and help business more than to put three million dollars in the pockets of the people of the State. Should you reduce the automobile tax to $3.00 it would leave with our people over three million dollars to supply their needs, to buy clothing, to help buy school books, to help buy gasoline and other absolute necessities of life. This of course cannot be done for them unless you continue in regular session. It has been the policy of the revenue department to extend the time for buying tags each year until the first of March. If you give them this $3.00 tag the emergency would be met and the automobile owners could get their tags at the reduced price before many days have passed.
There is another emergency I wish to call to your atten-

TuEsDAY, JANUARY 10, 1933.

49

tion. The county officers of this State are in trouble about their guaranty bonds, treasurer's bonds, tax collector's bonds, county school superintendent's bonds and other bonds that they are required to give by statute. This trouble arose because of the failure of so many banks over the state. When the banks failed with county funds in them the officials and their bondsmen were held responsible for this money. We had a meeting of county officers recently at the Capitol, this meeting was attended by members of the General Assembly both from the Senate and House, and a committee was appointed at that time to draft legislation more exactly defining the liability of the bonds and limiting their liability. I think if a county designates a bank as a depository and if the State designates a bank as a depository and the officials keep their money in such bank and it fails that the officials should not be held accountable for that money. Under the present law the ordinary of a county can declare the office void if an official has not given bond by that date. Today is the lOth day of January. I think this anticipated legislation will defer action of the ordinaries and give the General Assembly of the State time to act in this emergency.

There is another serious emergency in this State that needs attention before the winter is over. Ad valorem taxes in a great many instances are not being paid and in a great many instances the county officers whose duty it is to sell the property for taxes are not doing it. Why are they not doing it? Because they know that they cannot sell it and if the county bids it in they will have the property on their hands and will be out the advertising fees. This is a wise business precaution they are exercising. Due to the non-payment of taxes our schools are in danger, especially our rural schools, of having to close their doors. The first duty of the State, as I see it, after protecting a man in making an honest living, is to provide for our schools and give our children the opportunity of a common

50

JOURNAL OF THE SENATE,

school education, in the elementary branches of the English language. If this is neglected we are damming the stream at its source. Watch the common schools and protect them.
We know that our property cannot stand the present combination of our ad valorem taxes-State, county, municipal and local school taxes. It is not only bearing down on the farm lands and farm homes, but it is bearing down on our towns and city property, on homes, storehouses and office buildings.
One of the best solutions I can think of for this is for the General Assembly to put teeth in our invisible property laws. Put this property where the tax cqllectors can find it. If invisible wealth pays its fair part of the cost of government the tax rate on both tangible and intangible property can be lowered.
The people cannot pay the present ad valorem taxes. I agree with them that they cannot. The people of Georgia need alaw limiting the amount, the percentage, the millage that counties can levy. After all, the hard taxes that bear down on the people are the local, municipal and county taxes and the sky is practically the limit on them.
I think in such an emergency the legislature should pass legislation this spring that will affect the taxpayers and not wait until August or September when it will not protect the taxpayers for the year 1933. My countrymen, during the war when the price of cotton was forty cents a pound, and they paid $3.00 for a bushel of corn meal and everything else was high the cost of government increased, salaries were raised, bureaus and boards were enlarged to give the people jobs because we had plenty of money and taxes were easily paid. We have got to cut the cost of our government.
The only way I know to do it is to abolish every department that we can do without. After you do this, start with

TUESDAY, jANUARY 10, 1933.

51

the Governor and cut his salary and follow this all down the line.
My countrymen, there are a great many departments of State. There are departments that spend millions of dollars, hard paid by the people of the State. The largest department of State is the Highway Department. In 1931 the Highway Department spent around twenty-one million dollars. In 1932 the Highway Department spent around fifteen million dollars. The indebtedness of the Highway Department on December 31, 1932, was over ten million dollars, which included contracts let in advance in the amount of nine million dollars.
I think that the anticipated revenue of the Highway Department for the first six months of this year is overestimated. I do not think this anticipated revenue will come in. When you give us this $3.00 tag I am sure this will reduce some of the anticipated revenue. Our gasoline tax will also be less this year because the people haven't the money to buy it. The practice of anticipating revenue, by any department, and doing business in advance is illegal.
The General Assembly at its special session of 1931 passed what is known as the budget law. My construction of this law is that no department can act without first having its expenses submitted to the Budget Committee arid having it approved by them; and then it ciw only be approved for 90 days.
Another thing I wish to call to your attention, and I am sorry that our General Assembly cannot control this. To my mind, the gravest danger which confronts us is the wartime freight rates and tra~sportation rates in this country. In other words, the railroads are persisting in charging the war-time rates when everything else has gone down. They are charging as high rate on a forty-cent bushel of meal as they charged when meal was $3.00 a bushel. They are charging as much for hauling a $35 mule as they used

52

JoURNAL OF THE SENATE,

to charge for hauling a $300 mule. They are charging more for hauling two fifty-cent crates of cantaloupes than they did for hauling a $2.00 crate of cantaloupes from my home town. Transportation rates cannot stand upon such adjustment with other prices; they will have to follow along together, and I pledge you that while I am Governor of Georgia not only my activities here in Georgia but my activities with the other Governors of the whole United States when we meet in convention in seeing that freight and transportation rates are reduced in proportion with everything else. If they do not, then the railroads are very foolish and are killing the goose that laid the golden egg.
Another thing I wish to call your attention to is our road building. In the past ten years we have built a lot of roads, paved roads, sand-clay roads, fine bridges, at a great expense to the people. We are all proud of them. On these roads there are running commercial trucks and busses. Commercial trucks and busses should be regulated for two reasons. First, for the safety of the roads-to protect our roads, and then to protect the people who are traveling our highways. This legislation should deal in weight and size of trucks and busses.
I wish to call your attention to the outstanding indebtedness of the State of Georgia. The present State deficit as of December 31, 193 2 (and all figures are as of December 31, 1932), according to the State Auditor, is $7,575,231.87 on a cash basis.
It is important to note that the actual collection of ad valorem taxes by the State decreased in round figures one million dollars from 1931 to 1932.
There is due to the common schools on the Barret Rogers fund $932,500, and under the general appropriation to the common schools, $2,189,817.28. There are unpaid pensions tv Confederate veterans and their wives of $659,520, prior to 1932. There is also due these pensioners the De-

TuESDAY, JANUARY 10, 1933.

53

cember, 1932, check. There is $99,000 available to pay the December pensions and there is also available $63,000 to pay on the indebtedness to these Confederate pensioners prior to 1932.
I want to call your attention to this. We have very few Confederate veterans in this State. Lee surrendered at Appomattox almost 68 years ago, in April, 1865. To meet and shake hands with these old soldiers makes you realize how old they are getting. You will know that even the boys who fought in the Confederate Army of fourteen years of age would be 82 years old now. Of course, many of their wives are younger. They need their money sorely. If the list is properly kept and checked as it decreases there will be only a few of these left in the coming years. We should certainly pay this money to those who are entitled to it.
The State is due our charitable institutions for maintenance for 1932 $663,190.55, and for buildings $547, 164.15.
The total amount of money expended by the State for all purposes in 1932 was around $30,000,000. This is too much. The entire cotton crop of the State at prevailing prices was around $23,000,000. In other words, the expense of our Government last year was $7,000,000 more than our entire cotton crop in Georgia for that year at prevailing prices. The people of Georgia unqualifiedly and almost unanimously demand substantial reduction in the cost of Government.
My countrymen, it is useless for me to dwell at length before the members of the General Assembly on the condition of Georgia at this time. You are fresh from the country. You have left good men, women and children, and especially white women and children, ragged and barefooted, some of them are ashamed to go to church and ashamed to go to school. Not only have you left them like this, but many of them are hungry, and in our cities there are ever-increasing bread lines.

54

JoURNAL OF THE SENATE,

This is the sacred duty that we are here to deal with. In good times, in prosperous years when everybody had money and taxes were easily paid, I imagine a man would enjoy being Governor and have a good time, but at the present time the waves look rocky to me. You know that our first duty as a legislature is to give justice' to whom?
To the people who work, to-
"The horny hands whose steady labor brings The pheasant's food and the golden pomp of kings."
Taking the oath and addressing you today reminds me of a poem which aptly illustrates the storm of economic conditions and the mandate to the one at the helm:
Saturn, God of the storm, sink me if you will. Saturn, God of the storm, save me if you will, But sink me or save me, I will hold my rudder true.

By unanimous consent the General Assembly :was now declared dissolved.

WED~ESDAY, JANUARY 11, 1933.

55

SENATE CHAMBER, ATLANTA, GA., WEDNESDAY, JANUARY 11, 1933.

The Senate met, pursuant to adjournment, at 10 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 :

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer

Fudge Goldin Groover Haralson Hogg Howard o{ the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.

Senator Tuten of the 46th District asked unanimous consent that the reading of the Journal be dispensed with. There was objection.

Senator Rivers of the 15th District moved that the reading of the Journal be dispensed with, and the motion prevailed and the Journal was confirmed.

56

JOURNAL OF THE SENATE,

Senator Jackson of the 21st District asked unanimous consent that all Senators having bills and resolutions to introduce present them at the Secretary's desk at this time, and the consent was granted.
The following resolution of the Senate was introduced, read the first time and ordered to lay on the table one day:

By Senator Carithers of the 27th District-
Senate Resolution No. 13. A resolution that a commission survey the several departments of the State Government to ascertain if there are any unnecessary departments, employes, or duplication of work.
The following resolution of the Senate was introduced, read the first time and referred to the Committee on Education:

Bv Senators Tuten of the 46th District and Knox of the 3rd District-
Senate Resolution No. 15. A resolution that a joint committee be appointed to investigate the actions of the Text-Book Commission, and report their findings to this sessiOn.

The following Senate bills were introduced, read the first time and referred to committees:
By Senator Cail of the 17th District-
Senate Bill No. 3. A bill to reduce the rates on small loans of $300 or less from 3 1-2 per cent per month to 1 1-2 per cent, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Cail of the 17th District-

WEDNESDAY, JANUARY 11, 1933.

57

Senate Bill No. 4. A bill to amend Section 94 of the Criminal Code of Georgia, providing that the crime of rape shall be punished with death, and for other purposes.
Referred to Committee on General Judiciary No. 2.
By Senator Cail of the 17th DistrictSenate Bill No. 5. A bill to abolish the offices of Com-
missioners of Roads and Revenues for Screven County. Referred to Committee on Counties and County Mat-
ters.
By Senator Cail of the 17th District-
Senate Bill No. 6. A bill to abolish the office of County Treasurer of Screven County.
Referred to Committee on Counties and County Matters.
By Senator Key of the 28th DistrictSenate Bill No. 7. A bill to prevent the fraudulent op-
eration of slot machines and coin receptacles and to provide penalties.
Referred to Committee on General Judiciary No. 1.
By Senator Cail of the 17th DistrictSenate Bill No. 8. A bill to create a Board of Com-
missioners of Roads and Revenues for the County of Screven.
Referred to Committee on Counties and County Matters.
By Senator Sims of the 35th DistrictSenate Bill No. 9. A bill to amend the Charter of the

58

JOURNAL .OF THE SENATE,

City of Atlanta so as to permit its officers to hold military positions and offices.
Referred to Committee on Municipal Government.

By Senator Sims of the 35th District-
Senate Bill No. 10. A bill to regulate the salaries of Clerks of County Commissioners in Counties of 200,000 population.
Referred to Committee on Counties and County Matters.
By Senator Sims of the 35th District-
Senate Bill No. 11. A bill to provide for bail in proceedings for Habeas Corpus.
Referred to Committee on General Judiciary No. 2.

By Senator Sims of the 35th District-
Senate Bill No. 12. A bill to fix the salaries of Commissioners of Roads and Revenues in Counties of 200,000 or more.
Referred to Committee on Counties and County Matters.

By Senator Sims of the 35th District-
Senate Bill No. 13. A bill to provide for the election of Judges of Municipal Courts by the people in counties of 200,000 population.
Referred to Committee on General Judiciary No. 2.
By Senator Sims of the 35th District-
Senate Bill No. 14. A bill to authorize the County Commissioners of Fulton County to employ an attorney and to fix his salary.

WEDNESDAY, JANUARY 11, 1933.

59

Referred to Committee on Counties and County Matters.

By Senator Sims of the 35th District-
Senate Bill No. 15. A bill to regulate the lien of judgment where amount is secured by mortgage, security deed, deed of trust or contract.

Referred to Committee on General Jud~ciary No. 1.

By Senator Sims of the 35th Di~trict-.
Senate Bill No. 16. A bill to amend Section 4424 of the Code of 1910 to provide for survivorship of suits by husband and children for death of wife and mother.
Referred to Committee on Special Judiciary.

By Senator Sisk of the 30th District-
Senate Bill No. 17. A bill to create a Bureau to be known as Fire and Fidelity Insurance Bureau of the State of Georgia, and for other purposes.
Referred to Committee on Insurance.

By Senator Sisk of the 30th District-
Senate Bill No. 18. A bill to amend Paragraph 1, Section 2, of Article 7, of the Constitution so as to authorize taxes to be imposed on the privilege of engaging in certain occupations, businesses, and for other purposes.
Referred to Committee on Finance.

By Senator Boykin of the 29th District-
Senate Bill No. 19. A bill to amend an Act known as the "Georgia Motor Vehicle Law," and for other purposes.
Referred to Committee on Highways.

60

JoURNAL OF THE SENATE,

By Senator Boykin of the 29th District-
Senate Bill No. 20. A bill to amend Paragraph 2, Section 2, Article 7 of the Constitution authorizing certain exemptions from taxation, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Nelson of the 6th District-
Senate Bill No. 21. A bill making it a condition precedent to collection of notes and other evidences of debt that the ad valorem taxes shall have been paid thereon.
Referred to Committee on Finance.
By Senator Jackson of the 21st District, and Senator Terrell of the 37th District-

Senate Bill No. 22. A bill to be entitled an Act to
amend Section 5265 of the Civil Code as to exempting
wages in garnishment proceedings.
Referred to Committee on General Judiciary No. 2.

By Senator Howard of the 24th District-
Senate Bill No. 23. A bill to prohibit the shooting, hunting or killing of deer in certain counties, providing penalties, and for other purposes.
Referred to Committee on Game and Fish.

By Senator Howard of the 24th District-
Senate Bill No. 24. A bill to amend the Act of August 18, 1919, to reorganize and reconstitute the State Highway Department so as to prohibit counties from participating in construction of State Highways.
Referred to Committee on Highways.
By Senator Terrell of the 37th District-

WEDNESDAY, JANUARY 11, 1933.

61

Senate Bill No. 25. A hill to amend the Georgia Work-
men's Compensation Act, Section 71, making compensation policies contract between parties concerned.

Referred to Committee on Special Judiciary.
By Senator Terrell of the 37th District, and Senator Jackson of the 21st District-
Senate Bill No. 26. A hill to amend Section 5265 of
the Civil Code of 1910 as to garnishment.
Referred to Committee on General Judiciary No. 1.

By Senator Fudge of the 8th District- Senate Bill No. 27. A bill to amend the Charter of the
City of Colquitt.
Referred to Committee on Municipal Government.

By Senator Sims of the 35th District-
Senate Bill No. 28. A bill to provide for issuance of tax fi fas against a single owner instead of against several owners.
Referred to Committee on General Judiciary No. 1.

By Senator Cail of the 17th District-
Senate Bill No. 29. A hill to provide that the suspension of execution of sentence by trial Judge when a defendant in a criminal case is found guilty or enters a plea of guilty, shall have the effect of probating such defendant.
Referred to the Committee on Special Judiciary.
The following bill of the Senate was introduced, read the first time and referred to the Committee on General Judiciary No. 1:

62

JOURNAL OF THE SENATE,

By Senator Carithers of the 27th District-

Senate Bill No. 30. A bill to reduce the per diem of members of the General Assembly.
The following resolution of the Senate was introduced, read the first time and referred to Committee on General Judiciary No. 2:

By Senators Sims of the 35th District, Key of the 28th District, Oliver of the 48th District, Carithers of the 27th District, Pottle of the lOth District, Terrell of the 37th District, Weaver of the 25th District, Morris of the 5th District-
Senate Resolution No. 16. A resolution to' amend the Constitution by striking all of Article 4 except Sections 10 and 11, for the purpose of reorganizing the Judicial system.
The following resolution of the Senate was introduced, read the first time and ordered to lay on the table one day:

By Senator Knox of the 3rd District-

Senate Resolution No. 17. A resolution that a joint committee of the Senate and House be appointed to make a survey and investigation of departments and institutions supported by State funds.

The following resolution of the Senate was introduced, read the first time and referred to Committee on Penitentiary:

By Senator Knox of the 3rd District-

Senate Resolution No. 18. A resolution that a joint committee of the Senate and House be appointed to in-

WEDNESDAY, JANUARY 11, 1933.

63

vestigate the Prison Camps of Georgia and report their findings to this or the next session of the General Assembly.
The following privileged resolution was read and adopted:
By Senator Moore of the 47th District-
A resolution extending the privileges of the floor to Mrs. Tillman, of Valdosta, Ga.
Senator Carithers of the 27th District moved that the Senate do now adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until 10 o'clock tomorrow morning.

64

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
THURSDAY, jANUARY 12, 1933.

The Senate met, pursuant to adjournment, at 10 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:

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer

Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator vVeaver of the 25th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Senator Lester of the 18th District asked unanimous consent that the reading of the Journal be dispensed with, and the consent was granted. The Journal was confirmed.
The President announced that the following resolutions of the Senate which had been ordered to lay on the table for one day at yesterday's session, could not be acted on at

THURSDAY, JANUARY 12, 1933.

65

this ten day session, under the law, and he would therefore refer both resolutions to the Committee on General Judiciary No. 1:
By Senator Carithers of the 27th District-
Senate Resolution No. 13. A resolution that a commission survey the several departments of the State Government, etc.

By Senator Knox of the 3rd District-
Senate Resolution No. 17. A resolution that a joint committee of the Senate and House investigate institutions and departments supported by State funds.
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 House, to-wit:
By Messrs. Harris of Richmond and Flynt of Spalding-
House Resolution No. 11. A resolution that the General Assembly of Georgia reconvene in regular session at 10:00 o'clock A. M., January 19, 1933.

Senator Jackson of the 21st District asked unanimous consent that Senators having bills and resolutions to introduce, send them to the Secretary's desk at this time, and the consent was granted.
The following joint resolution of the Senate was read and adopted:
By Senator Tuten of the 46th District: Senate Resolution No. 19-
TPhereas, the great heart of the State of Georgia is

66

JOURNAL OF THE SENATE,

hallowed with a multiplicity of shining stars of statesmen of the past. There is given to her to hold within her heart the great shining star of the Democracy of the Nation, her adopted son and acknowledged leader, who rose to the heights in the last National election, of leadership of the entire Nation; and,
lf?hereas, the words of men are but feeble expressions of the emotions of the heart, still in those, the only method by which we may express ourselves to our fellowmen,
M a_v it hereby be n:solved by the Senate, the House concurring, that His Excellency, Franklin D. Roosevelt, be extended an invitation to address a joint session of ~he General Assembly of the State of Georgia at such time as will meet his convenience, that we might not only rejoice in his physical presence, but have the opportunity of his wisdom and statesmanship in the solution of the problems facing us.
Resolved further, that the presiding officers of each branch of the General Assembly immediately appoint two members of each House to notify the next President of the United States of this invitation and forward him a copy of these resolutions.
The President appointed as a committee on the part of the Senate, under the above resolution, Senators Tuten of the 46th District, and Moore of the 47th District.
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 resolution of the Senate, to-wit:

By Mr. Tuten of the 46th District-
Senate Resolution No. 19. A resolution extending an invitation to His Excellency, President-elect Franklin D.

THURSDAY, jANUARY 12, 1933.

67

Roosevelt, to address a joint session of the General Assembly of Georgia, and providing for a committee of two from each House to notify the next President.
The Speaker has appointed as a committee on the part of the House, the following members, to-wit: Messrs. Spivey of Emanuel and Harris of Richmond.
The following bills of the Senate were introduced, read the first time and referred to committees:

By Senator Groover of the 49th District-
Senate Bill No. 31. A bill to amend an Act approved July 28, 1923, relative to court costs in certain counties, and for other purposes~
Referred to Committeeon General Judiciary No. 1.

By Senator Cail of the 17th District-
Senate Bill No. 32. A bill to provide for the manner and method of fixing rates, establishing valuation of properties of certain businesses; to provide for the ascertainment of the value of capital investment and properties, for rate making purposes, and for other purposes.
Referred to Committee on Finance.

By Senators Sisk of the 30th District, Jackson of the 21st District, Key of the 28th District, Knox .of the 3rd District-
Senate Bill No. 33. A bill to amend Paragraph 2, Section 6, of Article 1 of the Constitution so as to limit county tax to ten mills except for educational purposes, interest and principle on the public debt, and for other purposes.
Referred to Committee on Amendments to Constitution.

68

JOURNAL OF THE SENATE,

By Senator Sims of the 35th District-

Senate Bill No. 34. A bill to regulate the admissibility of evidence in criminal cases so as to exclude proof of other crime except where defendant has placed his character in
ISSUe.
Referred to Committee on General Judiciary No. 1.

By Senators Terrell of the 37th District, and Sims of the 35th District-
Senate Bill No. 35. A bill to amend the Georgia Work-
men's Compensation Act so as to provide that companies writing compensation insurance give bond; to provide for suit, and for other purposes.
Referred to Committee on Insurance.

By Senator Sims of the 35th District-
Senate Bill No. 36. A bill to amend Section 1495 of the Penal Code of 1910, so as to exempt from garnishment, pensions, compensations and benefits of war veterans and their dependents, and for other purposes.
Referred to Committee on Pensions.

By Senator Sims of the 35th District-
Senate Bill No. 3 7. A bill to provide for the election of members of the Board of County Commissioners of Fulton County, in the event of vacancy thereon.
Referred to Committee on Counties and County Matters.

By Senators Dean of the 11th District, Morris of the 5th District, and Dorminy of the 45th District-
Senate Bill Nq. 38. A bill to amend Article 3 of an

THURSDAY, JANUARY 12, 1933.

69

"Act to simplify the operations of the State Government," so as to create a Board of Health.
Referred to Committee on the State of the Republic.

By Senators Pottle of the lOth District, Sims of the 35th District, Carithers of the 27th District, and Terrell of the 37th District-
Senate Bill No. 39. A bill to create a Judicial Council for the State of Georgia, to provide for its membership, duties and authority.
Referred to Committee on Special Judiciary.

By Senator Sims of the 35th District-
Senate Bill No. 40. A bill to regulate the practice and procedure in criminal cases, and for other purposes.
Referred to Committee on General Judiciary No. 1.

The following resolutions of the Senate were introduced, read the first time and referred to committees:
By Senator Hubbard of the 31st District-
Senate Resolution No. 20. A resolution asking the State Board of Education to annul contracts made with publishers for Text Books, and to make a new adoption of books.
Referred to Committee on Education.

By Senator Moore of the 47th District-
Senate Resolution No. 21. A resolution to provide for completion of lists of Confederate soldiers and securing information concerning them from the War Department records.
Referred to Committee on Special Judiciary.
The following resolution of the Senate was introduced,

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JOURNAL OF THE SENATE;

read the first time and ordered to lay on the table for one day:

By Senator Knox of the 3rd District-
Senate Resolution No. 22. A resolution to limit the number of attachees of the Senate during the regular session of 1933.

The following resolution of the Senate was read and adopted:

By Senators Jackson of the 21st District, and Sims of the 35th District-
Senate Resolution No. '23, as follows, to-wit:
Be it resolved by the Senate of Georgia, That we express our appreciation for the painstaking and untiring efforts of the members of the committee that had charge of the selection, erection and inscription thereon of the monument which is now completed and has been placed on the Capitol grounds to the memory of the late United States Senator Thomas E. Watson, of Georgia.
This committee. was composed of Hon. J as. H. Boykin,
of Lincoln County, as chairman; Hon. J. J. Flynt, of Spald-
ing County, as vice-chairman; Hon. J no. I. Kelly, of the County of Gwinnett; and Hon. B. M. Blackburn and Hon. Robt. S. Steele, both of the County of Fulton.

The erection of this monument to this distinguished Georgian, but feebly expresses the admiration, love and affection which the people of Georgia hold for the memory of the lamented Watson. But in this expression the people who contributed to the fund for the erection of this monument, through said committee, have placed a perpetual reminder 'on the Capitol grounds of our State of one who can be truly remembered as the tribune of the people.

THURSDAY, }ANUARY-12, 1933.

71

The following resolution of the Senate was introduced and read:

By Senator Fetzer of the 1st District-
Senate Resolution No. 24. A resolution expressing appreciation and thanks of the Senate to Miss Moina Michael, of Athens, the "Poppy Lady," for a present of beautiful red carnations.
In response to objection to the adoption of complimentary resolutions at this time, the President announced that, under the law, the resolution could not be acted upon during the ten day session, and ordered it to lay on the table.
The following joint resolution of the House was read and taken up for consideration:

By Mr. Harris of Richmond, and Mr. Flynt of Spalding:
House Resolution No. 11. Be it resolved by the House, the Senate concurring, that after the adjournment of the present ten day session that the General Assembly reconvene in regular session at 10 o'clock A. M., on the 19th day of January, 1933.
Senator Culpepper of the 36th District asked unanimous consent that House Resolution No. 11 be made a continuing order, that debate be limited to one o'clock and that the time for debate be equally divided between the supporters and opponents of the resolution. There was objection.
Senator Campbell of the 34th District moved that House Resolution No. 11 be made a continuing and special order until disposed of, and the motion prevailed.
On motion of Senator Turner of the 7th District the Sec~etary read the Act authorizing the present ten day sesswn.

72

JoURNAL OF THE SENATE,

Senator Colson of the 4th District moved that the Senate continue in session until debate on the resolution was closed and the resolution disposed of.
The motion prevailed.

The call for the previous question was sustained. The main question was ordered, and the motion prevailed. The roll was called and the vote was as follows : Those voting in the affirmative were:

Alston Baggett Boyd Cail Campbell Carithers Cason Conner Dorminy Fetzer Goldin

Groover Haralson Hogg Howard of the 2nd Hubbard Hutcheson Jackson Knox Lester Mallett Moore

Morris of the 39th Morris of the 5th Oliver Paschall Rivers Sims Sisk Sparks Tate Terrell Tuten Weaver

Those voting in the negative were:

Andrews Boykin Cloud Colson Culpepper

Dean Fudge Howard of the 24th Key Lewis

Lovett Nelson Pottle Robertson Turner

On the passage of the resolution the ayes were 34, nays
15.
Not voting: Senator Edmondson of the 42nd District.

The roll call was verified.
The resolution having received the requisite Constitutional majority, was passed.

THURSDAY, }ANUARY 12, 1933.

73

The following privileged resolution was read and adopted:

By Senator Turner of the 7th District-
A resolution extending the privileges of the floor to Mrs. Fudge and Mrs. Dozier.
The State Librarian, Miss Ella May Thornton, requested the Secretary to announce that complimentary copies of the State Constitution, revised to date, could be obtained from her at the Library by the Senators on application.
Senator Sisk of the 30th District moved that the Senate adjourn until eleven o'clock tomorrow morning and the motion prevailed.
The President announced that the Senate stood adjourned until 11 o'clock tomorrow morning.

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JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
FRIDAY, JANUARY 13, 1933.
The Senate met, pursuant to adjournment, at 10 o'clock A. M., this day and was called to order by the President.
Prayer was offered by Reverend T. M. Luke, of the Christian Church.
Senator Tuten of the 46th District moved that the calling of the roll be dispensed with, and the motion prevailed.
Senator Weaver of the 25th 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. The Journal was confirmed.
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, to-wit:
By Mr. Burson of Barrow-
House Resolution No. 26. A resolution favoring a tax on jute importation.
By Messrs. Mixon of Irwin, Calhoun of Wilkes, and Davis of Mitchell-
House Resolution No. 28. A resolution asking the State Board of Education to annul its new text-book contract and to make another adoption.

FRIDAY, jANUARY 13, 1933

15

Senator Knox of the 3rd District asked unanimous consent that action be postponed on the following resolution of the Senate which was laid on the table at yesterday's sessiOn:

By Senator Knox of the 3rd District-
Senate Resolution No. 22. A resolution to limit the number of attachees of the Senate.
The consent was granted.
By unanimous consent the President requested all Senators, having bills to introduce, to send them to the Secretary's desk at this time.
The following bills of the Senate were introduced, read the first time and referred to committees:

By Senator Nelson of the 6th District-
Senate Bill No. 41. A bill proposing to amend Article 7, Section 7, Paragraph 1, of the Constitution, to authorize municipalities to issue bonds for public utilities beyond the limits of bonded indebtedness fixed by law.
Referred to Committee on Amendments to the Constitution.

By Senator Knox of the 3rd District-
Senate Bill No. 42. A bill to provide for payment into the common Treasury of all revenues of the State received from all sources; for appropriations therefrom, and for other purposes.
Referred to Committee on Finance.

By Senator Nelson of the 6th District-
Senate Bill No. 43. A bill proposing to amend Paragraph 1, Section 2, Article 7, of the Constitution, so as to

76

JOURNAL OF THE SENATE,

classify property for taxation; to adopt.different rates and methods for taxing different classes of property.
Referred to Committee on Finance.

By Senator Hutcheson of the 44th District, and Senator Turner of the 7th District-
Senate Bill No. 44. A bill to amend Section 3416 of the Civil Code so as to exempt certain personal property from taxation, levy and sale, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Key of the 28th DistrictSenate Bill No. 4 5. A bill to regulate admission to the
practice of law.
Referred to Committee on General Judiciary No. 2.
By Senator Fetzer of the 1st District-
Senate Bill No. 46. A bill to authorize railroad corporations to sell or lease their property, rights and franchises under certain conditions.
Referred to Committee on Railroads.

The following resolution of the Senate was introduced, read the first time and referred to the Committee on Railroads:

By Senator Goldin of the 38th District-
Senate Resolution No. 26. A resolution asking the Public Service Commission of Georgia to reduce passenger rates to two cents per mile, and to make substantial reduction in freight rates.
An invitation to attend services Sunday morning, January 22, inst., at the Druid Hills Baptist Church, of Atlanta,

FRIDAY, JANUARY 13, 1933

77

extended to the officers and members of the Senate by the Reverend Louie D. Newton, pastor of the church, was read and accepted.
The following privileged resolution was read and adopted:

By Senator Jackson of the 21st District-
A resolution extending the privileges of the floor to Miss Azalee Jackson, of Washington, County.

Leave of absence until Monday next was granted Senators Dorminy of the 45th District, and Colson of the 4th District.
The following privileged resolution was read and adopted:

By Senator Knox of the 3rd District-
A resolution extending the privileges of the floor to Honorable J. C. Collier, a former member of this body.
Senator Rivers of the 15th District asked unanimous consent that when the Senate adjourn today, it stand adjourned until eleven o'clock Monday morning, January 16th, next, and the consent was granted.
The following message was received from His Excellency, Governor Eugene Talmadge, and was read:

To the 1\lfembers of the General Assembly of Georgia:
I know that you realize that this session of the Legislature is facing the gravest financial and economical crisis that has ever been faced by any Legislature, at least since the adoption of our present Constitution.
Indeed a parallel of conditions today can hardly be found.
We have had financial panics in the past but the reserve

78

jOURNAL OF THE SENATE,

wealth and resources of the people were never before exhausted as they are today.
I realize that you, who constitute the legislative branch of our Government, are directly responsible to the people and the burden is on you to enact such legislation as will enable the executive branch of the Government to carry out the mandates of the people when you have adjourned and gone home.
Campaign promises and pledges are sacred and every official who comes in office should give his first consideration to carrying out the promises made to the people of the State.
One of the quickest possible remedies from a part of these taxes, which would be enjoyed by people generally of the whole State, is the reduction of the cost of automobile tags. This was one of the principal issues advocated by me in my campaign before the people of the State last summer and bears the endorsement of the people. They expect to buy their tags this year for $3.00 and you can give this to them in a few days. This will allow a poor farmer to drive a $12.00 car without having to pay $11.25 for a tag. The reduction of the automobile tag to $3.00 would leave the people with over three million dollars to supply their needs, to buy gasoline, to help buy school books, to buy clothing and other necessities of life. I do not know of anything that would help the people of Georgia more and help business more than to put three million dollars in the pockets of the people of the State.
It has been the policy of the Revenue Department to extend the time for buying tags each year until the first of March. If you will give us this $3.00 tag this emergency will be met and the automobile owners can get their tags at the reduced prices before many days have passed.
There is another emergency I wish to call to your attention. The county officers of this State are in trouble

FRIDAY, jANUARY 13, 1933

79

about their guaranty bonds, treasurer's bonds, tax collector's bonds, county school superintendent's bonds and other bonds that they are required to give by statute. This trouble arose because of the failure of so many banks over the State. \Vhen the banks failed with county funds in them, the officials and their bondsmen were held responsible for this money.
We had a meeting of county officers and members of the General Assembly, and a committee was appointed at that time to draft legislation to definitely define and limit the liability of the officer's bonds. This is another matter of special importance.
I think if a county designates a. bank as a depository and if the State designates a bank as a depository and the .county officials keep their money in such bank and it fails, that the county officials should not be held accountable for that money.

Under the present law the ordinary of a county can declare the office void if an official has not given bond by the 1Oth of January. I think pending legislation will defer action of the ordinaries and give the General Assembly of the State time to act in this emergency.

Teeth should be put into the law that will force invisible

wealth to pay its fair part of the cost of Government, and

in this way the tax rate on both tangible and intangible

property can be lowered. The present high rate of the

combined State:, county, municipal and local school district

ad valo'rem taxes is confiscatory and is resulting in the loss

of thousands of homes in the State. In order for this to be

effective for the year 1933, it is necessary that you enact

legislation as quickly as possible.



There is another reason for my request that you remain in regular session at this time:
I think in such an emergency the Legislature should pass

80

JoURNAL OF THE SENATE,

legislation this spring that will help the taxpayers, and not wait until August or September when it will not protect the taxpayers for the year 1933.
l\lly countrymen, there is another emergency in this State that needs attention before the winter is over: Ad valorem taxes in a great many instances are not being paid, and in a great many instances the county officers whose duty it is to sell the property for taxes are not doing it. Why are they not doing it? Because they know that they cannot sell it, and if the county bids it in, they will have the property on their hands and will be out the advertising fees. This is a wise business precaution they are exercising.
Due to the non-payment of taxes our schools are in danger; especially is this true of our rural schools. A great many of them are faced with the problem of shortening their terms and closing their doors. We all know that there is scrip in the hands of the teachers in some parts of Georgia where the teachers have been doing their work and have not received their pay.
The first duty of the State, as I see it, after protecting a man in making an honest living, is to provide for our schools and give our children the opportunity of a "common school education in the elementary branches of the English language." Watch our common schools and protect them. During the war when the price of cotton was forty cents a pound, and they paid $3.00 a bushel for corn meal and everything else was high, the cost of government increased, salaries were raised, bureaus and boards were enlarged to give the people jobs because we had plenty of money, and taxes were easily paid.
We must cut the cost of our Government. The only way I know to do it is to abolish every department that we can do without. After you do this, start with the Governor and cut his salary, and follow this all the way down the line.
The people of Georgia unqualifiedly and almost unani-

FRIDAY, JANUARY 13, 1933

81

mously demand substantial reductions in the cost of Government. I recommend that you give close study to determine what activities of the State Government can be discontinued entirely, or continued on a smaller scale.
I also wish to call your attention to the State's unfulfilled obligations to her Confederate pensioners. From what I hear they are very much in need of their pensions and this General Assembly should pass measures providing for the payment of these past due obligations promptly. Lee sur-
rendered at Appomattox in April, 1865, nearly 65 years
ago. You will see from this that even the boys who fought in the Confederate Army at fourteen years of age would be 82 years old now. There are very few surviving Confederate veterans.
I recommend the enactment of legislation, if possible, that will insure the prompt payment of these pensions m future.
I also want to call your attention to the fact that in our State Government there are positions of a subordinate nature where the subordinates working under elective heads have terms extending over and beyond the term of the elective heads of the departments. This should be corrected. No commission of a subordinate should extend beyond that of the elective head of the department appointing him. The head of any department should be given the right to dismiss a subordinate employee of his particular department for cause.
I wish to call your attention to the agitation for a general sales tax. Recently the State of Mississippi placed on a 2 per cent sales tax with a $1,200 exemption. I am also informed that they have not reduced the ad valorem taxes in Mississippi but the sales tax comes as an additional tax. Any sales tax should be approached with extreme caution, as it taxes the bare necessities of life-the coffin, the plow point, the widow's bonnet and the corn meal of hungry children, are not exempt from the general sales tax.

82

JoURNAL OF THE SENATE,

The present State deficit, as of December 31, 1932 (and all figures are as. of December 31, 193 2), according to the State Auditor, is $7,575,231.87 on a cash basis.
It is important to note that the actual collection of ad valorem taxes by the State decreased in round figures one million dollars from 1931 to 1932.
There is due to the common schools on the Barret Rogers fund $932,500.00, and on the general appropriation to the common schools $2,187,817.28.
There are unpaid pensions to Confederate veterans and their wives of $659,520.00 prior to 1932. There is also due these pensioners the December, 1932, check. There is $99,000.00 available to pay the December pensions, and there is also available $63,000.00 to pay on the indebtedness to these Confederate pensioners prior to 1932.
The State is due our charitable institutions for maintenance, for 1932, $663,190.55, and for buildings $547,164.15.
The State is due the University System $1,232,018.28.
The total amount of money expended by the State for all purposes in 1932 was around $30,000,000.00. This is too much. The entire cotton crop of the State for the same year, at the prevailing prices, was around $23,000,000.00. In other words, the expense of our State Government last year was $7,000,000.00 more than our entire cotton crop in Georgia for that year at prevailing prices.
Appropriations made in prior years which have not been expended, and against which no contracts have been made, ate not a legal debt, nor a moral obligation, and I recommend that all unpaid appropriations of prior years, against which no contracts are outstanding, be cancelled.
During the year J 931 the State Highway Department expended $20,776,450.90.

FRIDAY, JANUARY 13, 1933

83

During the year 1932 the State Highway Department expended $15,477,367.97.
The outstanding indebtedness of the Highway Department on December 31, 1932, was $10,.961,000.00. Of this amount $9,000,000.00 was for contracts let in advance.
A partial audit of the State Highway books shows that they have anticipated their revenue until June 30, 1933. Of course this anticipation of revenue can only be speculative.
I am of the opinion that the anticipated revenue by the officials of the Highway Department has been overestimated.
To anticipate revenue and make contracts from six to twelve months before the money.is in the Treasury is bad practice and should be discontinued. In fact, it is a violation of the budget law that was passed by this body at the extra session of 1931.
My interpretation of this law is that no department can act without first submitting its proposed expenses to the budget commission and this cannot be approved for amounts in excess of their income for 90 days. This is a guarantee that the department will have cash on hand to pay for the contract when it is completed.
The people of the State expect as nearly 100 cents out of a dollar of highway money as possible to go into road construction and road maintenance.
I respectfully recommend that serious attention be given the laws controlling the Highway Department, which branch of our Government expends over half of the revenue of the State.
The members of the Highway. Board are appointed for terms of six years, and the people of the State have no direct control over them.

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jOURNAL OF THE SENATE,

The Governor must be elected by the people every two years, and is directly accountable to them. Under our law, it is the duty of the Chief Executive to see that all laws of the State are carried out. I recommend the enactment of clear provisions of law giving the Governor authority to put a stop to extravagance and waste of the State's money in any and all departments, and to see that the State's money is expended in accordance with the wishes of the Legislature.
Another thing I wish to call to your attention, and I am sorry that our General Assembly cannot control this. To my mind the gravest danger which confronts us is the wartime freight rates and transportation rates in this country. In other words, the railroads are persisting in charging war-time rates when everything else has gone down.
They are charging as high rate on a forty-cent bushel of meal as they charged when meal was $3.00 a bushel. They are charging as much for hauling a $35.00 mule as they charged for hauling a $300.00 mule.
Exorbitant transportation rates stifle production. Exorbitant transportation rates in the long run will put the railroads out of business if this is not corrected.
During my term of office as Governor of Georgia, I pledge the people of the Commonwealth my efforts, not only in Georgia, but in the Convention of Governors of the Whole United States, to have our Interstate Commerce Commission and our Public Service Commission wake up to the fact that railroad rates must be proportionate to other things.
With the building of paved highways there has developed in this State transportation by trucks and busses. We need legislation regulating the size and weight of busses and trucks that go over the public highways. This is needed for a twofold purpose: to protect the roadbed and to protect the safety of travelers on the highway.

MONDAY, JANUARY 16, 1933

85

It has been called to my attention that the State Board
of Education has held the adoption of text-books and has entered into contract for new text-books that will make it necessary to discard nearly all of the books now being used in the elementary schools of the State, and will force patrons of the school to purchase new books almost entirely. I think this very unwise, considering the present financial distress of the people.
I understand there is a resolution concerning this before you. It is useless for me to dwell at length upon the condition of this State at this time. I am sure that you members of the Assembly, fresh from the country, have left behind you women and children, barefooted, ragged, ashamed to go to school. Farms are being offered for sale with no bidders. Honest, God-fearing white people are walking the roads looking for jobs and finding none. There are ever-increasing bread lines in our cities.
We need patriotism today as much as we did in the days of the sixties, or in the Revolutionary War.
In every crisis that has confronted the people of the State in the past, we have risen to the emergency.
The people have placed upon you and me the grave responsibility at this time to save the ship of State from foundering in the storm. While men who think are prone to differ in their ideas, I am sure that calm deliberation on the problems we face will result in an agreement on the vital questions and the course to be pursued.
In the interest of the State, I am willing to make every sacrifice necessary, and I know that you are actuated by the same spirit.
In these unusual times it is impossible to be guided by principles of conservatism to the extent that it is wise to be under normal conditions. Let us face conditions as they are, and look for the truth as to the remedy. We cannot

86

JoURNAL OF THE SENATE,

then go far wrong because "Truth cuts through the clouds, shines like the sun, and like the sun, it cannot be hid."

EuGENE TALMADGE, Governor,

Jan. 13, 1933.

State of Georgia.

Senator Carithers of the 27th District, moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned, under a motion adopted earlier in the session, until eleven o'clock, next Monday morning.
The Secretary a.nnounced the appointment of the following assistants :
"'vV. E. Andrews of Fulton County, to be Journal Clerk.
A. T. Harris of DeKalb County, to be Calendar Clerk.
Hugh Skelton of Hart County, to b~ Reading Clerk.
Carter Peterson of Montgomery County, to be Message Clerk.
The President of the Senate adminstered the oath of office to them.

MONDAY, jANUARY 16, 1933

87

SENATE CHAMBER, ATLANTA, GA.
MONDAY, JANUARY 16, 1933.
The Senate met, pursuant to adjournment, at eleven o'clock A. M., this day, and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Key of the 28th District moved that the calling of the roll be dispensed with, and the motion prevailed.
Senator 'Veaver of the 25th District, Chairman of the Committee on Journals, reported that the Journal of the preceding session, of January 13, 1933, had been examined and found correct.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senators Key of the 28th District, Campbell of the 34th District, and Mallett of the 26th District-
Senate Bill No. 47. A bill to amend the Acts to regulate the supervision and inspection of slaughter houses, dairies and dairy products.
Referred to Committee on Agriculture.
By Senator Cail of the 17th District-
Senate Bill No. 48. A bill to amend the Act to regulate the legal rate of interest.
Referred to Committee on General Judiciary No. 2.

88

JOURNAL OF THE SENATE,

By Senator Pottle of the 1Oth District-
Senate Bill No. 49. A bill to amend an Act providing for the revival of the charter of a corporation incorporated by the Superior Court, whose charter has expired, within five years from date of expiration.
Referred to Committee on Corporations.

By Senator Sisk of the 30th District-
Senate Bill No. 50. A bill to fix the annual fees for licensing the operation of motor vehicles, and for other purposes.
Referred to Committee on Motor Vehicles.

Senator Fetzer of the 1st District, moved that the Senate adjourn until eleven o'clock tomorrow morning, and the motion prevailed.
The President announced that the Senate stood adjourned until 11 o'clock A. M., Tuesday, next.

TUESDAY, JANUARY 17, 1933

89

SENATE CHAMBER, ATLANTA, GA.
TUESDAY, JANUARY 17, 1933.
The Senate met, pursuant to adjournment, at eleven o'clock A. M., this day, and was called to order by the President.
Prayer was offered by the Chaplain.
Senator Mallett of the 26th District, moved that the calling of the roll be dispensed with and the motion prevailed.
Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
Senator Howard of the 2nd District, asked unanimous consent that the reading of the Journal be dispensed with, and the consent was granted.
The Journal was confirmed.
Senator Jackson of the 21st District asked unanimous consent that all Senators having bills and resolutions to introduce, send them to the Secretary's desk at this time, and the consent was granted.
Senator Sisk of the 30th District asked unanimous consent to withdraw the following bill introduced at yesterday's session because of typographical errors discovered in it, and to substitute a corrected bill, and the consent was granted:
By Senator Sisk of the 30th District-
Senate Bill No. 50. A bill to fix the annual fees for licensing the operation of motor vehicles.

90

}OlJRNAL OF THE SENATE,

The following privileged resolution was read and adopted:

By Senator Fetzer of the 1st District-
Senate Resolution No. 25. A resolution extending the sympathy of the Senate to Senator Robertson of the 32nd District on account of the death of his brother-in-law, Mr. Dillard Elliott.

The following resolution of the Senate was introduced, read the first time and referred to the Committee on Agriculture:

By Senators Knox of the 3rd District, Tuten of the 46th District, Jackson of the 21st District, Weaver of the 25th District, Carithers of the 27th District, Oliver of the 48th District, and Boyd of the 33rd District-
Senate Resolution No. 27. A resolution directing Judges of State Courts to postpone trail of cases involving the sale of owners' real estate by holders of mortgage, security deed or contract.

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 resolution of the House, to-wit:

By Messrs. Stokes of Twiggs, Rawlins of Telfair, Bargeron of Burke, Hendrick of Muscogee, and Thompson of Muscogee-
House Resolution No. 36. A resolution requesting the General Assembly to cooperate with Governor Talmadge on the question that exists as to the unparalleled economic

TUESDAY, JANUARY 17, 1933

91

condition as effects the business and agricultural interests of this State and Nation.
The following resolution of the Senate was introduced, read the first time and referred to the Committee on Historical Research:

By Senators Jackson of the 21st District, and Sims of the 35th District-

Senate Resolution No. 29. A resolution to make appro-

priation for an exhibit by the State of Georgia. at the Cen-

tury of Progress International Exposition at Chicago, to

open June 1, 1933.

'

Senator Sisk of the 30th District made the point of order that the resolution would appropriate money and could not therefore originate in the Senate.

The President sustained the point of order and the resolution was ruled out of order.

The following resolution of the Senate was introduced, read the first time and referred to the Committee on Finance:

By Senator Hutcheson of the 44th District-
Senate Resolution No. 28. A resolution that the Congress of the United States establish a new system of currency.

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

By Senator Hutcheson of the 44th District-
Senate Bill No. 51. A bill to amend an Act to regulate the rate of interest on loans of $300 or less.
Referred to Committee on General Judiciary No. 1.

92

JoURNAL OF THE SENATE,

By Senators Tuten of the 46th District, Knox of the 3rd District, Sims of the 35th District, and Weaver of the 25th District-

Senate Bill No. 52. A bill to provide that a consolidated bank shall have the right of succession as trustee.
Referred to Committee on .Banks and Banking.

By Senators Cloud of the 19th District, and Jackson of the 21st District-

Senate Bill No. 53. A bill to amend Section 4906 of the Civil Code, to provide for bonds of sheriffs in certain counties.
Referred to Committee on General Judiciary No. 2.

By Senator Pottle of the 1Oth District-
Senate Bill No. 54. A bill to amend an Act to establish the season for hunting game, and for other purposes.
Referred to Committee on Game and Fish.

By Senators Key of the 28th District, Morris of the 5th District, Sims of the 35th District, Cason of the 22nd District, Conner of the 14th District, Mallett of the 26th District, Carithers of the 27th District, Morris of the 39th District, Nelson of the 6th District, Paschall of the 43rd District, and Lewis of the 20th District-
Senate Bill No. 55. A bill to create a Boxing Commtsswn.

Referred to Committee on Halls and Rooms.
The following privileged resolution was read and adopted:

TUESDAY, JANUARY 17, 1933.

93

By Senator Andrews of the 23rd District-
A resolution extending the privilege of the floor to the Honorable C. H. Neisler, former member of this body.

The following bill of the Senate was introduced, read the first time and referred to the Committee on Amendments to the Constitution:

By Senator Howard of the 24th District-
Senate Bill No. 56. A bill to amend Paragraph 2, Section 2, Article 7, of the Constitution, to exempt from taxation for State _purposes, houses and lands to the value of $5,000.

The following resolution of the House was introduced, read the first time and referred to the Committee on Commerce:

By Mr. Stokes of Twiggs, Mr. Bargeron of Burke, Mr. Rawlins, of Telfair, Mr. Hendricks of Muscogee, and Mr. Thompson of Muscogee-

House Resolution No. 36. A resolution that the General Assembly cooperate with Governor Eugene Talmadge on questions concerning the unparalleled economic conditions in the State.

The following privileged resolution was read and adopted:

By Senator Fetzer of the 1st District-
A resolution extending the sympathy of the Senate to Senator Boykin of the 29th District on account of illness, and granting him leave of absence until his recovery and return to the Senate.

94

jOURNAL OF THE SENATE,

The following Resolutions of the House were read the first time and referred to committees:

By Mr. Mixon of Irwin, Mr. Calhoun of Wilkes, and Mr. Davis of Mitchell-
House Resolution No. 28. A resolution asking the State Board of Education to annul its new text-book contract, and make another adoption.
Referred to Committee on Education.

By Mr. Burson of Barrow-
House Resolution No. 26. A resolution favoring a tax on the importation of jute.
Referred to Committee on Agriculture.

Senator Fetzer of the 1st District asked unanimous consent that when the Senate adjourns today it stand adjourned until eleven o'clock tomorrow morning, and the consent was granted.
Senator Key of the 28th District moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until eleven o'clock tomorrow morning.

WEDNESDAY, }A:NUARY 18, 1933.

95

SENATE CHAMBER, ATLANTA, GA.
WEDNESDAY, }ANUARY 18, 1933.
The Senate met, pursuant to adjournment, at eleven o'clock A. M., this day, and was. called to order by the President.
Prayer was offered by the Reverend Mr. T. M. Luke, of the Christian Church.
Senator Nelson of the 6th District moved tha.t the calling of the roll be dispensed with, and the motion prevailed.
Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has adopted by the requlSlte Constitutional majority the following resolution of the House, to-wit:
By Messrs. Watkins of Oglethorpe, Dyer of Coweta, and Rawlins of Telfair-
Hause Resolution No. 39. A resolution: to commend the "Buy American" movement and encourage its continuation.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.
Senator Knox of the 3rd District asked unanimous consent that all Senators having bills and resolutions to intro-

96

JouRNAL OF THE SENATE,

duce, send them to the Secretary's desk at this time, and the consent was granted.
Senator Culpepper of the 36th District asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Education for the purpose of recommitting it with instructions:

By Mr. Mixon of Irwin, Mr. Calhoun of Wilkes and Mr. Davis of Mitchell-
House Resolution No. 28. A resolution asking the State Board of Education to annul its new text-book contract and make another adoption.
Senator Jackson of the 21st District made the point of order that no action could be taken on the resolution under the Constitutional Amendment authorizing the ten day session. The President sustained the point of order.
A sealed communication from His Excellency, Governor Talmadge, was received through his Secretary, Mr. T. M. Linder.
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:

By Mr. Harris of Richmond-
House Resolution No. 4 7. A resolution that the General Assembly adjourn the special ten day session at one o'clock P. M., Jan. 18, 1933, and that the General Assembly reconvene in regular session at 10 :00 o'clock A. M., on January 19, 1933.

WEDNESDAY, JANUARY 18, 1933.

97

By Mr. Harris of Richmond-
House Resolution No. 48. A resolution providing for the appointment of a committee of five, three from the House and two from the Senate, to be appointed by the Speaker and President, respectively, to notify the Governor that the General Assembly is now ready to adjourn the special ten day session, sine die.
The Speaker has appointed as a committee on the part of the House, to notify his Excellency, the following members of the House, to-wit: Messrs. Brunson of Laurens, Jenkins of Dooley, and Rawlins of Ben Hill.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senators Sims of the 35th District, Haralson of the 40th District, Pottle of the 1Oth District, and Key of the 28th District-
Senate Bill No. 57. A bill to aid land titles by limiting actions upon instruments given to secure debt.
Referred to Committee on General Judiciary No. 1.
By Senators Key of the 28th District, Pottle of the lOth District, Sims of the 35th District, and Haralson of the 40th District-
Senate Bill No. 58. A bill to prescribe and fix notice of litigation concerning land titles.
Referred to Committee on General Judiciary No. 1.
By Senators Key of the 28th District, Sims of the 35th District, Pottle of the 1Oth District-
Senate Bill No. 59. A bill to amend Section 4620 of the
Civil Code to regulate the exercise of power of sale in loan deeds and instruments securing debt.
Referred to Committee on General Judiciary No. 1.

98

JOURNAL OF THE SENATE,

By Senator Haralson of the 40th District, Sisk of the 30th District, Sims of the 35th District, Pottle of the lOth District, and Key gf the 28th District-
Senate Bill No. 60. A bill to amend Section 4198 of the Civil Code by adding the words "or grantor" after the word "vendor," in said Section.
Referred to Committee on General Judiciary No. 2.
By Senators Key of the 28th District, Pottle of the lOth District, and Sims of the 35th District-
Senate Bill No. 61. A bill to amend Section 3929 of the Civil Code concerning descent to heirs.
Referred to Committee on General Judiciary No. 1.

By Senators Sims of the 35th District, Key of the 28th District, Sisk of the 30th District, and Pottle of the 1Oth District-
Senate Bill No. 62. A bill to prescribe a limit of time after the record of a deed or probate of a will when a person may not assert a claim to land; to validate certain conveyances.
Referred to Committee on General Judiciary No. 1.
By Senators Pottle of the 1Oth District, Sims of the 35th District, Sisk of the 30th District, and Key of the 28th District-
Senate Bill No. 63. A bill to amend Section 4044 of the Civil Code to provid~ that widow may sell or encumber property set aside for a year's support.
Referred to Committee on General Judiciary No. 1.

By Senators Fetzer of the 1st District, Tuten of the 46th District, and Key of the 28th District-
Senate Bill No. 64. A bill to amend the Act of Au-

WEDNESDAY, jANUARY 18, 1933.

99

gust 17, 1908, concerning the examination of certified public accountants.
Referred to Committee on Special Judiciary.

By Senators Knox of the 3rd District, Tuten of the 46th District, Boyd of the 33rd District; Jackson of the 21st District, 'Veaver of the 25th District; Carithers of the 27th District, and Oliver of the 48th District-
Senate Bill No. 65. A bill to regulate the practice m
all courts in suits to foreclose mortgages.
Referred to Committee on General Judiciary No. 1.

By Senators Knox of the 3rd District, Tuten of the 46th District, Boyd of the 33rd District, Oliver of the 48th District, Carithers of the 27th District, Jackson of the 21st District, and 'Veaver of the 25th District-
Senate Bill No. 66. A bill to regulate the manner of exercising the power of sale as to real estate.
Referred to Committee on General Judiciary No. 1.

By Senator Morris of the 39th District-
Senate Bill No. 67. A bill to enable the State Highway Department to carry out the provisions of the Act approved
August 25, 1931, as to repayment to counties.
Referred to the Committee on Highways.

By Senator Morris of the 39th District-

Senate Bill No. 68. A bill to provide for the disposition of funds awarded as a result of condemnation of private property for public uses.
Referred to the Committee on Highways.

100

JouRNAL OF THE SENATE,

By Senator Baggett of the 51st District-
Senate Bill No. 69. A bill to provide for the opening and closing of polls in elections in certain counties.
Referred to Committee on Counties and County Matters.

By Senators Sims of the 35th District, and Morris of the 5th District-
Senate Bill No. 70. A bill to encourage farm life, relieve unemployment; to create a board therefor.
Referred to the Committee on Agriculture.

By Senator Sims of the 35th District-.-
Senate Bill No. 71. A bill to limit the rate for ad valorem taxes to 75 cents per hundred for county purposes.
Referred to Committee on Finance.

By Senator Sims of the 35th District-
Senate Bill No. 72. A bill to provide for holding primary elections; to repeal the county unit system and substitute majority rule therefor.
Referred to Committee on Privileges and Elections.

By Senator Sims of the 35th District-
Senate Bill No. 73. A bill to amend Paragraph 1, Section 2, Article 7, of the Constitution to limit assessment of real estate for tax purposes to fifty per cent of its cash market value.
Referred to Committee on Amendments to the Constitution.

By Senator Sims of the 35th District-
.Senate Bill No. 74. A bill to amend Section 5202 of
. . . ...

WEDNESDAY, JANUARY 18, 1933.

101

the Civil Code to provide for new trial in petitions for certiorari.
Referred to Committee on Special Judiciary.

By Senators Campbell of the 34th District, and Sims of the 35th_ District-
Senate Bill No. 75. A bill to amend the Charter of the City of Atlanta as to issuing executions for taxes.
Referred to Committee on Municipal Government.
By Senators Sims of the 35th District, Campbell of the 34th District, and Key of the 28th District-
Senate Bill No. 76. A bill to abolish what is known as the second division of the Court of Appeals.
Referred to Committee on General Judiciary No. 2.

By Senators Lester of the 18th District, and Campbell of the 34th District-
Senate Bill No. 77. A bill to amend the Georgia Workmen's Compensation Acts by striking the words "average wages" and substituting therefor "regular weekly wages."
Referred to Committee on Commerce and Labor.
Upon motion of Senator Sims of the 35th District the Senate went into executive session at 11 :40 o'clock, and reconvened in regular session about noon.
The following bills of the Senate were introduced, read the first time and r-eferred to committees:

By Senators Campbell of the 34th District, and Lester of the 18th District-
Senate Bill No. 78. A bill to amend the Georgia Work-

102

JoURNAL OF THE SENATE,

men's Compensation Acts as to compensation to employees of common carriers.
Referred to Committee on Commerce and Labor.

By Senators Lester of the 18th District, and Campbell of the 34th District-
Senate Bill No. 79. A bill to amend the Georgia Workmen's Acts; to strike from Section 15 the reference to common carriers engaged in intra-state trade.
Referred to Committee on Commerce and Labor.

By Senators Campbell of the 34th District, and Lester of the 18th District-
Senate Bill No. 80. A bill to amend the Georgia Workmen's Compensation Acts so as to provide medical expense up to five hundred dollars.
Referred to Committee on Commerce and Labor.

The following resolution of the Senate was introduced, read the first time and referred to the Committee on Highways:
By Senator Moore of the 47th District-
Senate Resolution No. 30. A resolution that the State Highway Department pave a section of road at the Georgia Coastal Plain Experiment Station and the Georgia State College for Men near Tifton.

The following resolutions of the House were read and adopted:
By Mr. Harris of Richmond-
House Resolution No. 47. A resolution that the General Assembly adjourn the special ten day session at one o'clock P. M., January 18, 1933, and that the General

WEDNESDAY, jANUARY 18, 1933.

103

Assembly r'econvene in regular session at ten o'clock A. M., on January 19, 1933.

By Mr. Harr' is of Richmond-
House Resolution No. 48. A resolution providing for the appointment of a committee of five, three from the House and two from the Senate, to be appointed by the Speaker and the President, respectively, to notify the Governor that the General Assembly is now ready to adjourn the special ten day session, sine die.
The President appointed as a committee on the part of the Senate, Senators Nelson of the 6th District and Tuten of the 46th District. Senator Nelson of the 6th District reported that his committee had notified the Governor that the General Assembly was ready to adjourn the ten day session, sine die.

Senator Sims of the 35th District moved that the Senate go into executive session, and the motion prevailed. The senate went into executive session at 11 :40 o'clock, A. M.
The Senate was called to order and recessed until five minutes to one o'clock P. M., when it was again called to order and the following privileged resolution was read and adopted :
By Senators Knox ot' the 3rd District, and Hutcheson of
the 44th District-
A resolution extending the privileges of the floor to Mrs. G. M. Sparks; Miss Marguerite Sparks, and Mrs. J. P. Cason.

The President announced that he had made his appointments of the standing committees of the Senate for the term of 1933-1935. The Secretary read the committees as listed here below:

104

JoURNAL OF THE SENATE,

STANDING COMMITTEES OF THE SENATE FOR THE TERM 1933-1935

ACADEMY FOR THE BLIND

CAIL, Chairman
Andrews Conner Dorminy

CASON, Vice-Chairman
Jackson Morris of the 5th Weaver

FUDGE, Chairman
Alston Andrews Baggett Boyd Boy kin Cail Campbell Carithers Cloud Conner Goldin Groover Hogg

AGRICULTURE
WEAVER, Vice-Chairman
Howard of the 2nd Hutcheson Jackson Knox Lovett Moore Nelson Oliver Rivers Robertson Sims Sparks

AMENDMENTS TO THE CONSTITUTION

LESTER, Chairman

KNox, Vice-Chairman

Boy kin Campbell Cloud Colson Culpepper Fetzer Haralson Hutcheson Jackson

Key Lewis Mallett Nelson Pottle Rivers Sims Terrell

\VEDNESDAY, JANUARY 18, 1933.

105

APPROPRIATIONS

SIMS, Chairman

LESTER, Vice-Chairman

Baggett Boykin Campbell Carithers Cloud. Conner Dean Fudge Groover Howard of the 24th Hubbard

Jackson Moore Nelson Pottle Rivers Sisk Sparks Tate Terrell Turner

RIVERS, Chairman
Boyd Conner

AUDITING
FETZER, Vice-Chairman
Mallett Sisk

BANKS AND BANKING

BOYKIN, Chairman

GROOVER, Vice-Chairman

Carithers Cason Cloud Culpepper Fetzer Fudge Key Knox Lester Lewis Lovett

Mallett Morris of the 39th Nelson Oliver Pottle Rivers Sims Sparks Terrell Turner Tuten

106

JOURNAL OF THE SENATE,

COMMERCE

MoRRIS of the 5th, Chairman

FuDGE, Vice-Chairman

Baggett Boyd Cail Conner Dean Edmondson

Goldin Hogg Howard of the 24th Knox Paschall

CONGRESSIONAL AND LEGISLATIVE REAPPORTIONMENT

TuTEN, Chairman

TERRELL, Vice-Chairman

Andrews Boykin Cason Cloud Colson Culpepper Dean Fetzer Haralson Hutcheson Jackson

Key Knox Lester Lewis Mallett Morris of the 39th Nelson Pottle Rivers Sisk

CONSERVATION

KEY, Chairman

HowARD of the 2nd, Vice-Chairman

Alston Colson Conner Fetzer Fudge Groover Haralson

Hogg Knox Lewis Lovett Moore Morris of the 5th Nelson

WEDNESDAY, JANUARY.18, 1933.

107

Oliver Rivers Sparks

Tate Turner Tuten

CORPORATION

CLOUD, Chairman

BOYKIN, Vice-Chairman

Alston Campbell Carithers Dean Edmondson Haralson Jackson

Key Lewis Mallett Morris of the 39th Nelson Terrell

COUNTIES AND COUNTY MATTERS

RIVERS, Chairman

ANDREWS, Vice-Chairman

Alston Cail Carithers Cason Conner Fetzer Howard of the 2nd Hubbard Hutcheson Jackson Key

Knox Lester Lewis Oliver Paschall Sims Sisk Sparks Tuten Weaver

DRAINAGE

DoRMINY, Chairman

BAGGETT, Vice-Chairman

Cail Colson Groover Hogg

Howard of the 2nd Moore Morris of the 5th

108

JOURNAL OF THE SENATE,

EDUCATION AND PUBLIC SCHOOLS

HUBBARD, Chairman

OLIVER, Vice-Chairman

Alston Baggett Boyd Boykin Campbell Carithers Cason Cloud Colson Conner Dorminy Fetzer Fudge Goldin Howard of the 2nd Howard of the 24th Jackson

Lester Lovett Mallett Moore Morris of the 5th Morris of the 39th Nelson Paschall Rivers Robertson Sims Sisk Sparks Terrell Turner Tuten Weaver

ENGROSSING

ANDREWS, Chairman
Boykin Goldin Hubbard

HARALSON, Vice-Chairman
Paschall Tate Tuten

ENROLLMENT

ALSTON, Chairman
Baggett Cail Campbell

HUTCHESON, Vice-Chairman
Carithers Cason Robertson

WEDNESDAY, jANUARY 18, 1933.

109

FINANCE

CASON, Chairman

KEY, Vice-Chairman

Alston Boyd Colson Culpepper Dorminy Fetzer Haralson Howard of the 2nd Knox

Lewis Lovett Mallett Morris of the 39th Oliver Paschall Robertson Tuten

GAME AND FISH

CoLSON, Chairman
Alston Andrews Cail Carithers Dorminy Fetzer Fudge Haralson Howard of the 2nd Knox Lewis

PoTTLE, Vice-Chairman
Lovett Mallett Morris of the 5th Morris of the 39th Nelson Oliver Rivers Robertson Tate Turner Tuten

GENERAL JUDICIARY NUMBER ONE

LEWIS, Chairman

TUTEN, Vice-Chairman

Alston Cloud Culpepper Fetzer Haralson Howard of the 2nd Key

Knox Mallett Morris of the 39th Oliver Paschall Pottle Rivers

110

JouRNAL OF THE SENATE,

GENERAL JUDICIARY NUMBER TWO

TERRELL, Chairman

JACKSON, Vice-Chairman

Andrews Boyd Boykin Cail Campbell Carithers Colson

Dorminy Fudge Jackson Lester Sims Sparks Turner

HALLS AND ROOMS

EDMONDSON, Chairman

MoORE, Vice-Chairman

Cail Carithers Fetzer Hogg Mallett

Moore Morris of the 5th Rivers Tate

HIGHWAYS AND PUBLIC ROADS

CuLPEPPER, Chairman

CARITHERS, Vice-Chairman

Alston Andrews Boyd Boy kin Cail Campbell Cason Colson Conner Dorminy Fetzer Goldin Haralson Hogg Howard of the 2nd

Howard of the 24th Hubbard Hutcheson Jackson Key Knox
Lester Lewis Lovett Mallett Moore Morris of the 39th Oliver Paschall Pottle

\VEDNESDAY, JANUARY 18, 1933.

111

Rivers Sims Sisk

Tate Turner Tuten

HISTORICAL RESEARCH

HoGG, Chairman

CuLPEPPER, Vice-Chairman

Boykin Campbell Colson Dean Goldin Howard of the 24th Jackson

Moore Oliver Paschall Sisk Terrell Weaver

HYGIENE AND SANITATION

HowARD of the 24th, Chairman

MORRIS of the 5th, Vice-Chairman

Cail Dean Dorminy Edmondson

Goldin Hogg Robertson Sisk

INDUSTRIAL RELATIONS

NELSON, Chairman

HARALSON, Vice-Chairman

Alston Andrews Boyd Campbell Carithers Cason Colson Edmondson Fetzer Hutcheson Key

Lester Lewis Mallett Paschall Rivers Robertson Sims Tate Terrell Weaver

112

JOURNAL OF THE SENATE,

INSURANCE

TURNER, Chairman

COLSON, Vice-Chairman

Alston Andrews Carithers Culpepper Fetzer Haralson Hogg Key

Lewis Mallett Morris of the 39th Nelson Oliver Pottle Rivers Sisk

INTERNAL IMPROVEMENTS

BAGGETT, Chairman

HoGG, Vice-Chairman

Andrews Edmondson Goldin Groover

Howard of the 24th Morris of the 5th Robertson Weaver

WEAVER, Chairman
Andrews Boyd Groover

JOURNALS
RoBERTSON, Vice-Chairman
Hutcheson Moore

MANUFACTURES

LovETT, Chairman

CAMPBELL, Vice-Chairman

Boyd Carithers Cason Conner Edmondson Hubbard Lester

Mallett Pottle Sims Tate Terrell 'Neaver

WEDNESDAY, JANUARY 18, 1933.

113

MILITARY AFFAIRS

CoNNER, Chairman
Cail Carithers Cason Fetzer Hutcheson Lewis

MORRIS of the 39th, Vice-Chairman
Lovett Mallett Nelson Oliver Tate Tuten

MINES AND MINING

RoBERTSON, Chairman

TATE, Vice-Chairman

Boyd

Hutcheson

Edmondson

Jackson

Haralson

Paschall

Hubbard

MOTOR VEHICLES

CAMPBELL, Chairman

MALLETT, Vice-Chairman

Alston Boykin Cason Colson Conner Culpepper Dean Dorminy Fudge Goldin

Haralson Jackson Knox Nelson Oliver Pottle Robertson Sims Weaver

MUNICIPAL GOVERNMENT

HowARD of the 2nd, Chairman

CLOUD, Vice-Chairman

Baggett Boyd Campbell

Carithers Cason Conner

114

JoURNAL OF THE SENATE,

Culpepper

Lester

Edmondson

Nelson

Fetzer

Pottle

Haralson

Rivers

Howard of the 24th

Sims

Hubbard

Sisk

Hutcheson

Weaver

Jackson

PENITENTIARY

MALLETT, Chairman
Alston Andrews Baggett Boyd Cail Carithers Cason Cloud Conner Dean Dorminy Edmondson Fetzer Haralson

RIVERS, Vice-Chairman
Howard of the 2nd Howard of the 24th Hutcheson Key Lewis Morris of the 39th Nelson Oliver Paschall Robertson Sparks Tate Terrell Tuten

PENSIONS

DEAN, Chairman

EDMONDSON, Vice-Chairman

Boykin Campbell Carithers Culpepper Goldin Hogg Howard of the 2nd Hubbard Hutcheson Key

Lester Lewis Lovett Mallett Morris of the 5th Oliver Sims Sisk Sparks Terrell

WEDNESDAY, JANUARY 18, 1933.

115

PRIVILEGES AND ELECTIONS

KNox, Chairman

CoNNER, Vice-Chairman

Baggett Boyd Boykin Cloud Dorminy Fetzer Haralson Hubbard

Lewis Nelson Oliver Rivers Tate Terrell Tuten

PRIVILEGES OF THE FLOOR.

GROOVER, Chairman

CAIL, Vice-Chairman

Dean Dorminy Lovett Moore

Morris of the 5th Robertson Weaver

PUBLIC LIBRARY

MooRE, Chairman
Boykin Campbell Carithers Colson Culpepper Fudge Hogg

DEAN, Vice-Chairman
Hubbard Morris of the 5th Pottle Sparks Turner Weaver

PUBLIC PRINTING

SPARKS, Chairman

SisK, Vice-Chairman

Baggett Colson Conner Fudge Groover

Howard of the 24th Lovett Paschall Sims

116

JOURNAL OF THE SENATE,

PUBLIC PROPERTY

TATE, Chairman

GoLDIN, Vice-Chairman

Alston Andrews Baggett Boyd Campbell Howard of the 2nd

Lovett Morris of the 5th Oliver Rivers Sisk

PUBLIC UTILITIES

HARALSON, Chairman

KEY, Vice-Chairman

Alston Boykin Carithers Culpepper Dean Fetzer Hutcheson Knox

Lester Lewis Mallett Oliver Robertson Terrell Weaver

RULES

THE PRESIDENT, Chairman FETZER, Vice-Chairman

Alston Boykin Campbell Carithers Colson Culpepper Haralson Hogg Howard of the 2nd Hutcheson Jackson Key

Knox Lester Lewis Lovett Mallett Nelson Pottle Rivers Sims Sisk Turner Tuten

WEDNESDAY, JANUARY 18, 1933.

117

SCHOOL FOR THE DEAF

GoLDIN, Chairman

DoRMINY, Vice-Chairman

Cail Dean Edmondson Hutcheson

Morris of the 5th Oliver Paschall

SPECIAL JUDICIARY

SJsK, Chairman

NELSON, Vice-Chairman

Baggett Cason Dean Edmondson Fetzer Goldin Howard of the 24th Hubbard

Hutcheson Lovett Oliver Paschall Sisk Tate Weaver

STATE OF THE REPUBLIC

CARITHERS, Chairman

SIMS, Vice-Chairman

Boykin Cason Cloud Colson Culpepper Fetzer Fudge Haralson Howard of the 2nd Hubbard Jackson Key

Knox Lester Lewis Mallett Morris of the 39th Nelson Pottle Rivers Sisk Terrell Turner Tuten

118

JoURNAL OF THE SENATE,

STATE SANITARIUM

OLIVER, Chairman

LEWIS, Vice-Chairman

Cail Dean Dorminy Groover Hogg Howard of the 24th

Jackson Key Sparks Turner Weaver

TEMPERANCE

JAcKSON, Chairman

BoYD, Vice-Chairman

Andrews Baggett Dean Dorminy Fudge Goldin Groover

Hogg Moore Oliver Robertson Sparks Weaver

TRAINING SCHOOLS

PASCHALL, Chairman

HowARD of the 24th, Vice-Chairman

Andrews Boy kin Campbell Cloud Colson Culpepper Dorminy Goldin

Groover Howard of the 2nd Hubbard Lester Moore Sims Sisk Weaver

TUBERCULOSIS SANITARIUM AT ALTO

BoYD, Chairman
Baggett Carithers

HuBBARD, Vice-Chairman
Dean Dorminy

WEDNESDAY, JANUARY 18, 1933.

119

Haralson Howard of the 24th Moore

Robertson Sisk Sparks

UNIFORM LAWS

PoTTLE, Chairman

TuRNER, Vice-Chairman

Cloud Colson Jackson Key Knox

Lewis Paschall Sims Terrell Tuten

UNIVERSITY SYSTEM OF GEORGIA

MORRIS of the 39th,

SPARKS, Vice-Chairman

Chairman Cail Cason Cloud Fetzer Groover Haralson Howard of the 2nd Hubbard Key Knox Lewis

Lester Lovett Mallett Moore Nelson Oliver Pottle Rivers Sims Tate Tuten

WESTERN AND ATLANTIC RAILROAD

HuTCHESON, Chairman PASCHALL, Vice-Chairman

Alston Baggett Boyd Carithers Cason Cloud

Conner Edmondson Fetzer Fudge Goldin Howard of the 2nd

120

JOURNAL OF THE SENATE,

Lester Lovett Mallett Morris of the 39th Oliver Rivers Robertson

Sims Sisk Sparks Tate Terrell Tuten

The following resolution was read and adopted:

By Senator Fetzer of the 1st District-
Senate Resolution No. 31. Whereas, the name and legal title of the University of Georgia and its branches has been changed and is now known as the University System of Georgia, and
Whereas, the name and title of the Senate Committee named for said system has not been changed but remains the same as before the aforesaid change. Therefore, be it
Resolved, that the name and title of the aforesaid committee appointed by the President of the Senate be and the same is hereby changed from University of Georgia and its Branches to University System of Georgia, and the Secretary of the Senate is hereby authorized and directed to make said change appear on the Journal of the Senate.
Senator Fetzer of the 1st District asked unanimous consent that the Secretary of the Senate be instructed to correct typographical errors and mistakes, and to insert omissions upon direction of the President to the Standing Committees of the Senate. The consent was granted.
At the hour of one o'clock the President announced that the present ten day session stood adjourned, sine die.

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
REGULAR SESSION
OF THE
GENERAL ASSEMBLY
Commenced at Atlanta, Thursday, January 19, 1933
1933 RURALIST PRESS, INC., STATE; PRINTERS
ATLANTA, GA.

THURSDAY, JANUARY 19, 1933.

123

SENATE CHAMBER, ATLANTA, GA. THURSDAY, JANUARY 19, 1933.

The Senate met, pursuant to Joint House Resolution No. 11, adopted by the Senate at the session of Thursday, January 12, 1933. The Secretary read the resolution.

Prayer was offered by the Chaplain.

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

Alston Andrews Baggett
Boyd Boy kin
Cail Campbell Carithers Cason Cloud Colson Conner Culpepper
Dean Dorminy Edmondson Fetzer

Fudge Goldin Groover Haralson Hogg
Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall
Pottle Rivers Rol:rertson Sims Sisk Sparks
Tate Terrell
Turner Tuten Weaver Mr. President

The following resolution of the Senate was read and adopted:

By Senator Fetzer of the 1st District-
Senate Resolution No. 32. A resolution that the Secretary of the Senate notify the House of Representatives that the Senate has reconvened in regular session and is now ready for the transaction of business.

124

}OURNAL OF THE SENATE,

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

Mr. President:
The House has adopted by the reqmstte Constitutional majority the following resolutions, to-wit:

By Mr. Harris of Richmond-
House Resolution No. 49. A resolution that the Clerk of the House be instructed to notify the Senate that the House has convened in regular session and is now ready for the transaction of business.
By Mr. Harris of Richmond-
House Resolution No. 50. A resolution providing for a committee of five, two from the Senate and three from the House, to be named by the President and Speaker, respectively, be appointed to notify His Excellency, the Governor, that the General Assembly has reconvened in regular session and is now ready for the transaction of business.

The Speaker has appointed as a committee on the part of the House the following members of the House, to-wit: Messrs. Minchew of Atkinson, Townsend of Dade, and Boyd of Greene.
The following joint resolution of the House was read and adopted:
House Resolution No. 50. A resolution providing for a committee of five, two from the Senate and three from the House, to be named by the President and Speaker, respectively, to notify His Excellency, the Governor, that the General Assembly has reconvened in regular session and is now ready for the transaction of business.
The President appointed as a committee on the part of

THURSDAY, JANUARY 19, 1933.

125

the Senate under the above resolution, Senators Cloud of the 19th District, and Sisk of the 30th District.
Senator Sisk of the 30th District reported that the joint committee appointed for the purpose had notified His Excellency, the Governor, that the General Assembly had reconvened and was ready for the transaction of business.
The President announced that the General Assembly had reconvened and was now ready for the transaction of business.
Senator Fetzer of the 1st District asked unanimous consent that the following order of business be the order for this session, and the consent was granted:
1. Unanimous consent.
2. Introduction of new matter.
3. Reports of Standing Committees.
4. First reading of House bills.

The following resolution of the Senate was read and adopted:

By Senator Jackson of. the 21st DistrictSenate Resolution No. 33.

A RESOLUTION
Whereas, this being the 126th anniversary of the birth of General Robert Edward Lee, who was not only one of the greatest generals of all time, but was one of the grandest men of all ages or time,
Therefore, be it resolved, that this Senate adjourn 5 minutes before time set for adjournment today in honor of this immortal chieftain of the Confederacy, and this peerless Christian gentleman whose virtues were so great that the tooth of time will never be able to eat away their grandeur.

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JoGRNAL OF THE SENATE,

Be it further resolved, that this resolution be placed upon the Journal of this Senate.
The following resolution of the Sen~te was read and adopted:

By Senator Carithers of the 27th DistrictSenate Resolution No. 34,

A RESOLUTION
Whereas, this date is the anniversary of the birth of the peerless leader of the armies of the Confederate States of America, Robert Edward Lee, characterized by Benjamin H. Hill as "a foe without hate, a friend without treachery, a soldier without cruelty, a victor without oppression, and a victim without murmuring. A public officer without vices; a private citizen without wrong; a neighbor without reproach; a Christian without hypocrisy, and a man without guile. A Caesar without ambition; Frederick without his tyranny; Napoleon without his selfishness, and Washington without his reward. Gentle as a woman in life; modest and pure as a virgin in thought; watchful as a Roman Vestal in duty; submissive to law as Socrates, and grand in battle as Achilles."
Be it resolved by the Senate of the State of Georgia, the House of Representatives concurring, that immediately . upon the adoption of the resolution in each of said branches of the General Assembly, each of said bodies, at their convenience, pause for the period of one minute in silent tribute to the greatest of all Americans whose memory is enshrined in the heart of every Georgian and whose character inspires the respect and admiration of all civilized nations.

Senator Hubbard of the 31st District asked unanimous consent that House Resolution No. 28, a resolution by Mr. Mixon of Irwin, and others, asking the State Board of Ed-

THURSDAY, jANUARY 19, 1933.

127

ucation to annul its new text-book contract a~d make another adoption, be withdrawn from the Committee on Education and taken up for passage.

The President ruled that the resolution, House Resolution No. 28, could not be taken up for consideration at this period under the rules as adopted.

The following privileged resolutions were read and adopted:

By Senator Lewis of the 20th District-
A resolution extending the privileges of the floor to the Honorable H. G. Earnest.

By Senators Howard of the 2nd District, and Lewis of the 20th District-
A resolution extending the privileges of the floor to the Honorable H. H. Elder, former member of this body.
By Senator Carithers of the 27th District-
A resolution extending the privileges of the floor to the
Honorable \Viley L. Moore, of Atlanta; and

A resolution extending the privileges of the floor to the
Honorable L. 0. Moseley, of Fulton County.

By Senator Tuten of the 46th DistrictA resolution extending the privileges of the floor to the
Honorable J. Ira Carlisle, of Grady County.
By Senator Knox of the 3rd DistrictA resolution extending the privileges of the floor to the
Honorable Ira Carlisle, former member of this body.

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JouRNAL OF THE SENATE,

By Senator Baggett of the 51st District-
A resolution extending the privileges of the floor to the Honorable Charles F. Griswell, of Gwinnett.

By Senator Morris of the 39th District-
A resolution extending the privileges of the floor to the Honorable H. G. Vandiviere, Solicitor General of the Blue Ridge Circuit.
The following resolution of the Senate was read and adopted:

By Senator Fetzer of the 1st District-
Senate Resolution No. 35. A resolution that the name
of the Committee on Commerce and Labor be changed to Industrial Relations.

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

By Senator Tuten of the 46th District-
Senate Bill No. 81. A bill to divert $4,014,278.56 from the State Highway Department to the General Treasury.
Referred to Committee on Highways.

By Senator Tuten of the 46th District-
Senate Bill No. 82. A bill to amend Paragraph 15, Section 1, Article 6, of the Constitution, to provide for total divorce upon one verdict.
Referred to Committee on Amendments to the Constitution.

By Senators Key of the 28th District, and Jackson of the 21st District-
Senate Bill No. 83. A bill to prescribe appraisals in

THURSDAY, JANUARY 19, 1933.

129

foreclosures on loan deeds and other instruments to secure debt.
Referred to Committee on General Judiciary No. 2.

By Senator Lewis of the 20th District-
Senate Bill No. 84. A bill to amend an Act of August 17, 1916, to regulate the practice of optometry.
Referred to Committee on Hygiene and Sanitation.

By Senator Lester of the 18th District-
Senate Bill No. 85. A bill to amend an Act to limit the hours of labor in cotton, woolen, rayon and other manufactories; to amend Section 3137 of the Act.
Referred to Committee on Industrial Relations.

By Senator Lester of the 18th District-
Senate Bill No. 86. A bill to prohibit night labor of females and minors under 18 years old in cotton, woolen, rayon and other manufactories.
Referred to Committee on Industrial Relations.

By Senators Cail of the 17th District, and Lester of the 18th District-
Senate Bill No. 87. A bill to provide for licensing of barbers and beauty shops.
Referred to Committee on Hygiene and Sanitation.

By Senators Dean of the 11th District, Oliver of the 48th District, and Baggett of the 51st District-
Senate Bill No. 88. A bill to create a delinquent tax commissiOn.
Referred to Committee on Finance.

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jOURNAL OF THE SENATE,

By Senator Knox of the 3rd District-
Senate Bill No. 89. A bill to amend an Act to amend an Act to abolish the office of County Game Wardens.
Referred to Committee on Game and Fish.

By Senator Knox of the 3rd District-
Senate Bill No. 90. A bill to abolish the State Board of Game and Fish, and office of Tidewater Commissioner.

Referred to Committee on Game and Fish.

By Senator Knox of the 3rd District-
Senate Bill No. 91. A bill to divert $7,500,000 from the State Highway Funds to payment of unpaid appropriations.
Referred to Committee on Highways.

By Senators Sims of the 35th District and Pottle of the 1Oth District-
Senate Bill No. 92. A bill to regulate the use of highways by vehicles.
Referred to Committee on Motor Vehicles.

By Senators Sims of the 35th District and Pottle of the 1Oth District-
Senate Bill No. 93. A bill to provide for the safety and preservation of highways.
Referred to Committee on Highways.

Senator Nelson of the 6th District moved that the Senate go into Executive Session, and the motion prevailed. The Senate went into Executive Session at 11 :25 o'clock A.M.

THURSDAY, JANUARY 19, 1933.

131

The Senate was called to order at 12:50 o'clock P. M.
Senator Lewis of the 20th District moved that the Senate go into Executive Session.
Senator Campbell of the 34th District moved that when the Senate adjourns today, it stand adjourned until 10 :30 tomorrow morning. The motion was lost.
Senator Jackson of the 21st District moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until 10 o'clock tomorrow morning.

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JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
FRIDAY, JANUARY 20, 1933.
The Senate met, pursuant to adjournment, at 10 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 Fetzer of the 1st District reported that he had examined the Journal of yesterday's proceedings and found it correct. By unanimous consent the reading of the Journal was dispensed with. The Journal was confirmed. By unanimous consent the following order of business was adopted for this session as the order of business immediately after 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. First reading of House bills.
The following privileged resolution was read and adopted:
By Senator Pottle of the lOth DistrictA resolution extending the privileges of the floor to Mrs.
W. H. Lovett, wife of the Senator from the 16th District,

FRIDAY, JANUARY 20, 1933.

133

and to Mrs. C. S. Claxton, wife of the Representative from Johnson County.
Senator Culpepper of the 36th District asked unanimous consent that the following resolution of the House be made a special and continuing order, until disposed of, for next Tuesday morning after the period of unanimous consents, and the consent was granted:

By Mr. Mixon of Irwin, Mr. Calhoun of Wilkes, and Mr. Davis of Mitchell-
House Resolution No. 28. A resolution asking the State Board of Education to annul its new text-book contract and to make another adoption.
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, to-wit:
By Mr. Lindsay of DeKalb-
House Resolution No. 53. A resolution authorizing the Treasurer of the State of Georgia to pay mileage for the regular session of the General Assembly to the members thereof.
By Messrs. Epting of Clarke, and Franklin of Lowndes-
House Resolution No. 55. A resolution for the purpose of securing information as to the proper valuation of public utilities in Georgia.
The following resolution of the House was read the first time and put upon its passage:
By Mr. Lindsay of DeKalbHouse Resolution No. 53. A resolution that the State

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JOURNAL OF THE SENATE,

Treasurer be authorized to pay mileage for the regular session of the General Assembly to the members thereof.
The President left the stand, descended to the floor of the Senate, and made an address opposing the passage of the resolution.
Senator Carithers of the 27th District, President Pro Tern., to the Chair.
Senator Turner of the 7th District requested that Rule III be read, and the Secretary read the rule.
The President resumed the Chair.
Senator Culpepper of the 36th District moved that the
resolution, viz., House Resolution No. 53, be tabled.
Senator Lewis of the 20th District moved the previous question on tabling the resolution and the motion prevailed. The main question was ordered and the order was confirmed.
Senator Campbell 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 Senators:

Alston Andrews Baggett Boyd Cail Carithers Cason Cloud Colson Conner Culpepper Dean

Dorminy Fetzer Fudge Haralson Hogg Howard of the 2nd Hubbard Hutcheson Key Knox Lewis Lovett

Mallett Morris,of the 39th Morris of the 5th Nelson Paschall Pottle Rivers Rob-ertson Sims Tate Terrell Turner Tuten

FRIDAY, JANUARY 20, 1933.

135

Those voting in the negative were Senators:

Boykin Campbell Goldin

Howard of the 24th Jackson Lester

The ayes were 37, nays 10.

Moore Oliver Sisk Weaver

The roll call was verified, and the resolution, viz., House
Resolution No. 53, was ordered to lay on the table.

Not voting: Senator Edmondson of the 42nd District, Senator Groover of the 49th District, and Senator Sparks of the 9th District.

The following resolution of the House was read the first time and taken up for passage :

By Mr. Epting of Clarke and Mr; Franklin of Lowndes-

House Resolution No. 55. A resolution to secure infor-
mation as to the proper valuation of public utilities.
Senator Lewis of the 20th District moved that action on
the resolution, viz., House Resolution No. 55, be deferred
until after the close of the Executive Session, and the motion prevailed.
Senator Nelson of the 6th District moved that the Senate go into Executive Session, that the rules as to the time of adjourning be suspended, that the Senate remain in Executive Session until the matters before the session are finally disposed of, and that debate be limited to five minutes to each Senator.
Senator Nelson of the 6th District asked unanimous consent that when the Senate adjourn today it stand adjourned until eleven o'clock A. M., Monday. There was objection.
Senator Nelson of the 6th District moved that when the Senate adjourns today it stand adjourned until eleven o'clock A. M., Monday.

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JOURNAL OF THE SENATE,

Senator Campbell of the 34th District moved to amend the motion of the Senator from the 6th District, that when the Senate adjourns today at one o'clock it stand adjourned until eleven o'clock tomorrow morning.
Senator Rivers of the 15th District called for the previous question on the motion of the Senator from the 6th District and the amendment of the Senator from the 34th District, and the call was sustained, and the main question Wfl.S ordered and the motion prevailed.
The question was on the amendment of the Senator from the 34th District, and the amendment was lost.
The question was on the motion of the Senator from the 6th District, and the motion was adopted.
The question was on the motion of the Senator from the 6th District that the Senate go into Executive Session, that the rules as to adjourning be suspended, that the Senate remain in Executive Session until the matters before the session are finally disposed of, and that debate be limited to five minutes. This motion was adopted and the Senate went into Executive Session at 11 :15 o'clock A. M., and reconvened in regular session at 1 :35 o'clock, immediately after the close of the Executive Session.
The following privileged resolutions were read and adopted:

By Senator Lester of the 18th District-
A resolution extending the privileges of the floor to the Honorable J. R. Lewis, of Jefferson County, and to the Honorable E. J. Stapleton, of the same County.

By Senator Boykin of the 29th District-
A resolution extending the privileges of the floor to the Honorable W. T. Dunaway, of Lincoln County.

FRIDAY, jANUARY 20, 1933.

137

By Senator Fetzer of the 1st District-
If'hereas, it has come to the attention of this body that Senator S. C. Groover is detained at his home on account of the serious illness of his son.
Therefore be it resolved, That the sympathy of this body be extended to Senator Groover, and that the wishes of this body are for the early recovery of hi,s son.
Be it further resolved, That Senator Groover be granted a leave of absence.

Mr. J. A. Setze, Chairman of the Entertainment Committee of the Veterans' Administration of Atlanta, extended through Senator Carithers of the 27th District, President Pro Tern., an invitation to the General Assembly to attend a luncheon at the Ansley Hotel, Atlanta, at 12:15 o'clock today.

The Secretary transmitted the following communication to His Excellency, Governor Eugene Talmadge:

His Excellency, EUGENE TALMADGE, Governor, Executive Department, Atlanta, Georgia.

January 20, 1933.

Sir:

I am directed by the Senate of the State of Georgia to inform Your Excellency that it has this day by a vote of 42 to 1 confirmed the following appointments submitted to the Senate on January 9, 1933, by His Excellency, Richard
B. Russell, Jr., Governor:

Honorable Alvin V. Sellars, of the County of Appling, to be Judge of the City Court of Baxley to fill the unexpired term of Honorable C. H. Parker, deceased, ending January 1, 1935.

138

JoURNAL OF THE SENATE,

Honorable vV. E. Dunwody, Jr., of the County of Bibb,
to be a member of the Board of Regents of the University System of Georgia, for a term ending July 1, 1935, to suc-
ceed Honorable Vv. D. Anderson, resigned.
Honorable E. S. Ault, of the County of Polk, to be a member of the Board of Regents of the University System of Georgia, for a term ending July 1, 1935, to succeed Miss Martha Berry, resigned.
Honorable J. M. Cowart, of the County of Calhoun, to be Judge of the City Court of Morgan, for a term ending October 2, 1936.
Honorable Charles H. Griffin, of the County of Henry, to be Judge of the County Court of Henry County, for a term ending October 28, 1936.
Honorable R. 0. Jackson, of the County of Henry, to be Solicitor of the County Court of Henry County, for a term ending December 1, 1934.
Honorable J. T. Murray, of the County of Madison, to
be Judge of the City Court of Danielsville, for a term ending January 1, 1937.
Honorable R. H. Gordon, of the County of Madison, to be Solicitor of the City Court of Danielsville, for a term ending January 1, 1937.
Honorable Roscoe Luke, of the County of Thomas, to be Judge of the City Court of Thomasville, for a term ending on the first day of January, succeeding the next General Election of County Officers.
Honorable Arthur Lucas, of the County of Fulton, to be a member of the State Board of Control of Eleemosynary Institutions, for a term ending July 1, 1937, to succeed Honorable Shepard Bryan, resigned.
Honorable W. B. Gibbs, of the County of 'ayne, to be
a member of the State Board of Control of Eleemosynary

FRIDAY, JANUARY 20, 1933.

139

Institutions, for a term ending July 1, 1937, to succeed Honorable John T. Brantley, deceased.
Honorable J. Clovis Saxon, of the County of Oconee, to be Judge of the County Court of Oconee County, for a term ending November 18, 1935.
I am further directed by the Senate to inform Your Excellency that in the above recited appointments transmitted by Governor Russell to the Senate for confirmation was
that of the Honorable H. J. Macintyre, of the County of
Thomas, to be Judge of the Court of Appeals, for a term ending at the next regular election, and until his successor shall have been elected and qualified, to succeed Honorable Roscoe Luke, resigned.
The appointment of the Honorable H. J. Macintyre
was not acted on for confirmation because of the following resolution which was adopted by the Senate unanimously:
((Resolved, That in the opinion of the Senate, the Senate has no jurisdiction to act upon the nomination of Honorable H. J. Macintyre, from the County of Thomas, to be a Judge of the Court of Appeals of Georgia, and that the Senate declines for this reason to act upon said nomination."
Respectfully,
JoHN T. BmFEUILLET,
Secretary of the Senate.
By unanimous consent the senate now adjourned.

The President announced that the Senate stood adjourned, under a motion adopted earlier in the session, until eleven o'clock A. M., Monday, next.

\

140

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
MONDAY, JANUARY 23, 1933.
The Senate met, pursuant to adjournment, at eleven o'clock A. M., this day, and was called to order by the President.
Prayer was offered by the Reverend T. M. Luke, of the Christian Church.
By unanimous consent the calling of the roll was dispensed with.
Senator Fetzer of the 1st District reported that he had examined the Journal of the preceding session, viz., of the 20th inst., and found it correct.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.
Senator Fetzer of the 1st District moved that the following order of business be the order of business for this session, following the period of Unanimous Consents, and the motion prevailed:
1. Introduction of new matter.
2. Reports of Standing Committees.
3. Unfinished Business.
4. First reading of House bills.
5. Second reading of Senate and House bills favorably
reported.
The. following bills of the Senate were introduced, read the first time and referred to committees:

MoNDAY, JANUARY 23, 1933.

141

By Senators Lovett of the 16th District, and Lewis of the 20th District-
Senate Bill No. 94. A bill to make it a misdemeanor for undertakers to give rewards or commissions to secure business.
Referred to Committee on General Judiciary No. 2.

By Senator Knox of the 3rd District-
Senate Bill No. 95. A bill to amend the charter of the City of Hazlehurst, authorizing special indebtedness for the improvement of waterworks.
Referred to Committee on Municipal Government.

By Senator Morris of the 39th District-
Senate Bill No. 96. A bill to consolidate the offices of Treasurer and Commissioner of Roads and Revenues of Cobb County.
Referred to Committee on Counties and County Matters.

By Senator Morris of the 39th District-
Senate Bill No. 97. A bill to consolidate the offices of Tax Receiver and Tax Collector of Cobb County, and to create the office of Tax Commissioner.
Referred to Committee on Counties and County Matters.

The following Senate joint resolution was read and adopted:

By Senator Morris of the 39th District-
Senate Resolution No. 36. A resolution to encourage public contributions toward the expenses of the Atlanta Battalion of the United States Naval Reserve in attend-

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JouRNAL OF THE SENATE,

ing the inauguration of President-elect Franklin D. Roosevelt.

Mr. Lester of the 18th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following resolution of the Senate, No. 10, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
A resolution to amend the Constitution of the United States relative to fixing the commencement of the terms of the President, Vice-President, and members of Congress, and fixing the time of the assembling of Congress.
Senator Nelson of the 6th District asked unanimous consent that the following joint resolution of the Senate be taken up for passage at this time, and the consent was granted:

By Senator Jackson of the 21st DistrictSenate Resolution No. 10, to-wit:

A JOINT RESOLUTION
of the General Assembly of the State of Georgia ratifying and approving the proposed amendment to the Constitution of the United States relative to fixing the commencement of the terms of the President, Vice-President, and members of Congress, and fixing the time of the assembling of Congress.
Whereas, the Congress of the United States has, under the Sixth (6th) Article of the Constitution of the United

MONDAY, jANUARY 23, 1933.

143

States, proposed an amendment to the Constitution in the following words, to-wit:

"JOINT RESOLUTION"
proposing an amendment to the Constitution of the United States. Resolved by the Senate imd the House of Representatives of the United States of America, in Congress assembled (two-thirds of each House concurring therein), that the following amendment to the Constitution be, and hereby is, proposed to the States to become valid as a part of said Constitution when ratified by the Legislatures of the several States as provided in the Constitution:

ARTICLE
Section 1 : The terms of the President and Vice-President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the third day of January of the years in which such terms would have ended if this Article had not been ratified; and the terms of their successors shall then begin.
Section 2: The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the third day of January, unless they shall; by law, appoint a different day.
Section 3: If,. at the time fixed for the beginning of the term of the President, the President-elect shall have died, the Vice-President-elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President-elect shall have failed to qualify, then the Vice-President-elect shall act as President until a President shall have qualified; and the Congress may, by law, provide for the case wherein neither a President-elect nor a Vice-President-elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected,

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JouRNAL OF THE SENATE,

and such person shall act accordingly until a President or Vice-President shall have qualified.
Section 4: The Congress may by law provide for the case of the death of any of th~ persons from whom the House of Representatives choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice-President whenever the right of choice shall have devolved upon them.
Section 5 : Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this Article.
Section 6: This Article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution by the Legislatures of three-fourths of the several States within seven years from the date of its submission.
Therefore, be it resolved by the Senate and the House of Representatives of the State of Georgia, in General Assembly met, that the said amendment of the Constitution of the United States be, and the same is, hereby ratified and adopted.
Be it further resolved, that a certified copy of the foregoing preamble and resolution be forwarded by His Excellency, the Governor, to the Secretary of State of the United States, to the presiding officer of the United States Senate, and to the Speaker of the House of Representatives of the United States.
The Secretary read the resolution. Senator Nelson of the 6th District cailed for the previous question and the call was sustained. The main question was ordered and confirmed.
Senator Tuten of the 46th District called for the ayes and nays and the call was sustained.

MONDAY, JANUARY 23, 1933.

145

The roll was called and the vote was as follows:

Alston Andrews Baggett
Boyd Boy kin
Cail Campbell Carithers Cason
Cloud Conner Culpepper
Dean Dorminy Edmondson

Fe~zer
Fudge Goldin Groover Haralson Hogg
Howard of the 24th Howard of the 2nd Hubbard Hutcheson Key Knox Lester Lewis Lovett

Mallett Moore Morris of the 39th Morris of the 5th Nelson Oliver Paschall
Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Tuten

The ayes were 46. Nays 0. The roll call was verified.

Not voting: Senators Colson of the 4th District, Jackson of the 21st District, Weaver of the 25th District, and Turner of the 7th District.

Senator Nelson of the 6th District asked unanimous consent that the resolution be immediately transmitted to the House, and the consent was granted.
Senator Sims of the 35th District asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on Motor Vehicles and recommitted to the Committee on Highways:

By Senators Sims of the 35th District, and Pottle of the 1Oth District-
Senate Bill No. 92. A bill to regulate the use of high-
ways by vehicles.
By Senators Sims of the 35th District, and Pottle of the 1Oth District-

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JOURNAL OF THE SENATE,

Senate Bill No. 93. A bill to provide for the saf~ty of highways.
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 resolution of the Senate, to-wit:

By Mr. Jackson of the 21st-
Senate Resolution No. 10. A resolution ratifying the proposed amendment to the Constitution of the United States, abolishing "Lame Duck" sessions of the Congress, and for other purposes.

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

By Mr. Watkins of Oglethorpe, Mr. Dyer of Coweta, and Mr. Rawlins of Telfair-
Hause Resolution No. 39. A resolution to commend the "Buy American" movement.

The Secretary read the following resolution of the Senate:

By Senator Knox of the 3rd District-
Senate Resolution No. 22. A resolution to limit the attaches of the Senate during the regular session of 1933.
Senators Haralson of the 40th District, Lester of the 18th District, and Fetzer of the 1st District, offered the following amendment :

That Senate Resolution No. 22 be amended by substituting in lieu thereof the following resolution:

MoNDAY, jANUARY 23, 1933.

147

Be it resolved by the Senate, that the following attaches be, and the same are, hereby authorized for the Senate for the sessions of 1933, under the authority given in Part I, Title Ill, Division F, Section 88, Subsection (a), Paragraph 9, Acts of 1931, Page 83, known as the General Appropriation Act for 1931-1933, to-wit:

To be appointed by the President of the Senate: Assistant doorkeepers for the gallery of the Senate, not to exceed four in number, at a per diem not to exceed $4.00 per day each.

One secretary and stenographer to President of the Senate at $5.00 per day.

Assistant doorkeepers, not to exceed 5 in number, at a
per diem not to exceed $4.00 per day each.

Two assistant sergeant-at-arms for Senate at $5.00 per

day.



Assistant messengers, not to exceed 4 in number, at a per diem not to exceed $4.00 per day. One personal messenger to the President at $5.00 per day.

Pages, not to exceed seven, at a per diem not to exceed $2.00 per day each.

Assistant postmistresses, not to exceed 2 in number, at a per diem not to exceed $4.00 per day.

Stenographers for committees, not to exceed 2 in number, at a per diem not to exceed $5.00 per day each.

To be appointed by the Secretary of the Senate:

Two proofreaders to assist the enrolling and engrossing committees at $4.00 per day each.

Four porters at $2.00 per day each. One head porter at $2.50 per day.

Senator Lester of the 18th District called for the prev-

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}OURNA.L OF THE SENATE,

ious question on Senate Resolution No. 22, and the amendment, and the call was sustained.

Senator Oliver of the 18th District moved to table the amendment, and the motion was lost.
The main question was ordered and the motion prevailed.
Senator Dean of the 18th District called for the ayes and the nays, and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Alston Boyd Campbell Carithers Cloud Dorminy

Fetzer Haralson Lester Lewis Mallett Moore

Nelson Oliver Pottle Rivers Sisk Tate Tuten

Those voting in the negative were Senators:

Andrews Baggett Cail Cason Conner Culpepper Dean Edmondson Fudge

Goldin Groover Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key

Knox Lovett Morris of the 39th Morris of the 5th Paschall R o l:Yertson Sims Sparks Terrell Turner

The ayes were 19, nays 28. The roll call was verified. The amendment was lost.

Not voting: Senators Boykin of the 29th District, Colson of the 4th District, 'Veaver of the 25th District.

Senator Jackson of the 21st District asked unanimous consent that the call of the previous question on Senate Resolution No. 22 be reconsidered, and the consent was granted.

MoNDAY, jANUARY 23, 1933.

149

Senator Knox of the 3rd District asked unanimous consent that Senate Resolution No. 22 be referred to the Committee on Rules, and the consent was granted and it was so ordered.
The following joint resolution of the Senate was read and adopted :

By Senators Carithers of the 27th District, Morris of the 39th District, Pottle of the 1Oth District, Lovett of the 16th District, Sims of the 35th District, Culpepper of the 36th District: Senate Resolution No. 37, to-wit:
Whereas, Atlanta's three-million-dollar post office building is nearing completion; and,
Whereas, the cornerstone of this building is ready to be placed within the next week.
Therefore, be it resolved by the Senate, the House concurring that Honorable Franklin Delano Roosevelt, President-elect, be invited to deliver an address before the General Assembly of Georgia any day during next week that will best suit his convenience, and that on the occasion of this visit he be requested to lay the cornerstone of the magnificent new building of the Federal Government now being completed in the capital of the State.
Resolved further, that a joint committee from the Senate and House to be selected by the presiding officers of each body be appointed to personally extend this invitation to our distinguished part-time Georgian at the Little White House at Warm Springs, Georgia.
Senator Carithers of the 27th District asked unanimous consent that Senate Resolution No. 37 be immediately transmitted to the House, and the consent was granted.
Senator Carithers of the 27th District moved that the Senate adjourn until eleven o'clock tomorrow morning, and the motion prevailed.

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JOURNAL OF THE SENATE,

Leave of absence was granted Senator Groover of the 49th District on account of illness in his family
The President announced that the Senate stood adjourned until eleven o'clock tomorrow morning.

TuESDAY, JANUARY 24, 1933.

151

SENATE CHAMBER, ATLANTA, GA.
TUESDAY, JANUARY 24, 1933.
The Senate met, pursuant to adjournment, at eleven o'clock A. M., this day, and was called to order by the President.
Prayer was offered by the Reverend Mr. T. M. Luke, of the Christian Church.
By unanimous consent the calling of the roll was dispensed with.
Senator 'Veaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.
Senator Fetzer of the 1st District asked unanimous consent that the following order of business be adopted for this session following the period of Unanimous Consents, and the consent was granted :
1. Introduction of new matter.
2. Reports of Standing Committees.
3. Unfinished Business.
4. First reading of House bills.
5. Second reading of Senate and House bills favorably
reported.
6. Third reading of House bills ready for passage.

152

JOURNAL OF THE SENATE,

The following invitation from His Excellency, Governor Eugene Talmadge, was received and accepted:
His Excellency, Governor Eugene Talmadge, invites the Senators and their wives to be present at the Mansion at 8 :30 o'clock this evening at an informal reception honoring Governor Pollard, of Virginia.

The following privileged resolution was read and adopted:
By Senator Robertson of the 32nd District-
A resolution extending the privileges of the floor to the Honorable J. 0. Walls, former Representative from Putnam County.
The following bills of the Senate were introduced, read the first time and referred to committees:

By Senator Key of the 28th District-
Senate Bill No. 98. A bill to amend the Act creating a Text-Book Commission; to provide how text-books shall be adopted.
Referred to Committee on Education.

By Senator Terrell of the 37th District-
Senate Bill No. 99. A bill to reduce the salaries of State officials, officers and employees not fixed by the Constitution.
Referred to the Committee on Finance.

By Senator Jackson of the 21st District-
Senate Bill No. 100. A bill to define the words "crops" and "growing crops."
Referred to Committee on General Judiciary No. 2.

TUESDAY, JANUARY 24, 1933.

153

By Senator Cail of the 17th District-
Senate Bill No. 101. A bill to withdraw from the Public Service Commission the right to fix street railway fares; to empower municipalities of 50,000 population or more to fix fares.
Referred to Committee on Public Utilities.

By Senator Lester of the 18th District-
Senate Bill No. 102. A bill to aid minority stockholders of corporations to secure representation on their boards of directors, and for other purposes.
Referred to Committee on Banks and Banking.

By Senators Sims of the 35th District, and Haralson of the 40th District-

Senate Bill No. 103. A bill to enforce parental support of children; to fix penalties, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Senator Sims of the 35th District-
Senate Bill No. 104. A bill to repeal present pension laws for police departments of cities of 15 0,000 population or more; to provide maximum pension of $60 per month, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Campbell of the 34th District-
Senate Bill No. 105. A bill to reduce the expenses of the State and its subdivisions; to reduce salaries of all officials, appointees and employees from April 1st, 1933, to March 31st, 1935.
Referred to Committee on General Judiciary No. 2.

154

JOURNAL OF THE SENATE,

By Senator Fudge of the 8th District-
Senate Bill No. 106. A bill to regulate motor vehicles approaching school buses.
Referred to Committee on Motor Vehicles.

The following joint resolution of the Senate was introduced, read the first time and referred to the Committee on General Judiciary No. 1.

By Seq.ators Cail of the 17th District, and Lovett of the 16th District-
Senate Resolution No. 38. A resolution to prohibit the purchase of automobiles by any State department or subdivision; to require sale of those now owned, and for other purposes.
Senator Cail of the 17th District asked unanimous consent that the above resolution, viz., Senate Resolution No. 38, be withdrawn from General Judiciary No. 1 and recommitted to the Committee on General Judiciary No. 2, and the consent was granted.
Senator Cail of the 17th District asked unanimous consent that the following bills of the Senate, previously referred to committees, be withdrawn from the several committees, as below, and recommitteed to the Committee on General Judiciary No. 2, and the consent was granted.
Senate Bill No. 3, by Senator Cail of the 17th District, to reduce the interest rates on small loans, from the Committee on General Judiciary No. 1; Senate Bill No. 29, by Senator Cail of the 17th District, as to probating defendant in criminal cases, from Committee on Special Judiciary, and Senate Bill No. 32, by Senator Cail of the 17th District, as to valuing properties for rate-making purposes, from the Committee on Finance.
The following joint resolution of the Senate was intro-

TUESDAY, }ANUARY 24, 1933.

155

duced, read the first time and referred to the Committee on Amendments to the Constitution:

By Senator Campbell of the 34th District-
Senate Resolution No. 39. A resolution proposing to amend Article 6, Section 13, Paragraph 2, of the Constitution, to authorize the General Assembly to change salaries of State officers.
Mr. Boykin of the 29th District, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking have had under consideration the following bill of the Senate, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 52. Relative to the consolidation of
banks. BOYKIN of the 29th District,
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 resolutions of the House, to-wit:

By Mr. Moye of Randolph-
House Bill No. 213. A bill to be entitled an Act to amend an Act approved August 9th, 1916, abolishing the office of County Treasurer of Randolph County, Georgia, and for other purposes.

156

JouRNAL OF THE SENATE,

By Messrs. Turner, Lindsey and Hudgins of DeKalb-
House Bill No. 126. A bill to be entitled an Act to amend an Act entitled an Act to create the City Court of Decatur, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 152. A bill to be entitled an Act to punish the breaking and entering an automobile for the purpose of committing a larceny or felony therein as for a felony, and for other purposes.

By Messrs. Robinson and Scott of Thomas-
House Resolution No. 34-131a. A resolution providing for a committee to investigate the salaries of the officials of the State and their employees.

By Messrs. Mixon of Irwin, Harden of Turner, Patten of Tift, and others-
House Bill No. 122. A bill providing that Solicitor General of Tifton Judicial Circuit be placed on salary instead of fees.

By Mr. Fagan of Peach-
House Bill No. 120. A bill to be entitled an Act to change the time for holding the Superior Courts of Peach County from the first Mondays in March and September of each year to the first Mondays in April and October, respectively, and for other purposes.

By Mr. Rogers of Wayne-
House Bill No. 110. A bill to be entitled an Act to provide for holding four terms in each year of the Superior Court of Wayne County, Georgia, and for other purposes.

TUESDAY, JANUARY 24, 1933.

157

By Mr. Defore of Bibb-
House Bill No. 10. A bill to be entitled an Act to authorize Board of Commissioners of Roads and Revenues, or the Ordinaries in certain counties, to fix the salary of County Treasurer, 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 requlSlte Constitutional majority the following bills and resolutions of the House, to-wit:

By Mr. Rogers of Wayne-
House Bill No. 111. A bill to be entitled an Act to provide for the repeal of an Act approved July 31, 1916, establishing the City Court of Jesup, and providing for the abolition of the City Court of Jesup, and for other purposes.

By Mr. Evans of McDuffie-
Hause Bill No. 55. A bill to be entitled an Act to repeal an Act entitled "An Act to establish the City Court of Thomson, in and for the County of McDuffie, and for other purposes," approved August 14, 1920, and amended by Acts of 1923, and for other purposes.

By Messrs. Defore, Park and Gillen of Bibb-
House Bill No. 6. A bill to be entitled an Act to repeal the Act fixing the salary of special criminal bailiff for Solicitor-General, approved August 24th, 1929, and for other purposes.

By Mr. Harris of RichmondHouse Resolution No. 63. A resolution to extend a

158

JoURNAL OF THE SENATE,

special invitation to President-elect Franklin D. Roosevelt to address the General Assembly at any time during the next week suitable to his convenience.

By Mr. Stokes of Twiggs-
Hause Resolution No. 4 5. A resolution asking for
specific information from the Department of Agriculture and the Board of Regents of Georgia.

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

By Mr. Moye of Randolph-
House Bill No. 213. A bill to be entitled an Act to amend an Act approved August 9th, 1916, abolishing the office of County Treasurer of Randolph County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Turner, Lindsey and Hudgins of DeKalb-
House Bill No. 126. A bill to be entitled an Act to amend an Act entitled an Act to create the City Court of Decatur, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 152. A bill to be entitled an Act to punish the breaking and entering an automobile for the purpose of committing a larceny or felony therein as for a felony, and for other purposes.
Referred to Committee on General Judiciary No. 1.

TUESDAY, jANUARY 24, 1933.

159

By Messrs. Mixon of Irwin, Harden of Turner, Patten of Tift, and others-
House Bill No. 122. A bill providing that SolicitorGeneral of Tifton Judicial Circuit be placed on salary instead of fees.
Referred to Committee on General Judiciary No. 1.

By Mr. Fagan of Peach-
House Bill No. 120. A bill to be entitled an Act to change the time for holding the Superior Courts of Peach County from the first Mondays in March and September of each year to the first Mondays in April and October, respectively, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Rogers of Wayne-
House Bill No. 110. A bill to be entitled an Act to provide for holding four terms in each year of the Superior Court of Wayne County, Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Defore of Bibb-
House Bill No. 10. A bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues, or the Ordinaries in certain counties, to fix the salary of County Treasurer, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Evans of McDuffie-
Hause Bill No. 55. A bill to be entitled an Act to re-
peal an Act entitled "An Act to establish the City Court of Thomson, in and for the County of McDuffie, and for

160

JouRNAL OF THE SENATE,

other purposes," approved August 14, 1920, and amended by Acts of 1923, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Defore, Park and Gillen of Bibb-
House Bill No. 6. A bill to be entitled an Act to repeal the Act fixing the salary of special criminal bailiff for Solicitor-General, approved August 24th, 1929, and for other purposes.
Referred to Committee on General Judiciary No. 1.

The following resolution of the House was read the first time and adopted:

By Mr. Harris of Richmond-
House Resolution No. 63. A resolution to extend a special invitation to President-elect Franklin D. Roosevelt to address the General Assembly at any time during the next week suitable to his convenience.
The following resolutions of the House were introduced, read the first time an ordered to lay on the table one day:

By Mr. Stokes of Twiggs-
Hause Resolution No. 45. A resolution asking for specific information from the Department of Agriculture and the Board of Regents of Georgia.

By Messrs. Robison and Scott of Thomas-
House Resolution No. 34-131a. A resolution providing for a committee to investigate the salaries of the officials of the State and their employees.
The following resolution of the House, made a special and continuing order for this session, was taken up for passage and read :

TUESDAY, }ANUARY 24, 1933.

161

By Messrs. Mixon of Irwin, Calhoun of Wilkes-
House Resolution No. 28. A resolution asking the State Board of Education to annul its new text-book contract and to make another adoption.
Senator Campbell of the 34th District made the point of order that the resolution, having been passed by the House at the ten day session, was illegal.
The Chair ruled that the resolution was not properly before the Senate and directed the Secretary to return it to the House.

The following privileged resolutions were read and adopted:

By Senator Lester of the 18th District-
A resolution extending the privileges of the floor to the Honorable Inman Curry, Solicitor of the City Court of Richmond County.

By Senator Morris of the 39th District-
A resolution extending the privileges of the floor to the Honorable Otis A. Brumby.

By Senator Dorminy of the 45th District-
A resolution extending the privileges of the floor to Dr. S. L. McElroy, of Irwin County.

By Senator Dean of the 11th District-
A resolution extending the privileges of the floor to Mrs. Gussie G. Raines, daughter of ex-Congressman Griggs, of the 3rd District.
The following bill of the Senate, favorably reported by the committee, was read the second time:

162

jOURNAL OF THE SENATE,

By Senators Tuten of the 46th District, Weaver of the 25th District, Sims of the 35th District, and Knox of the 3rd District-
Senate Bill No. 52. A bill to provide that a consolidated
bank shall have the right of succession as trustee.
Senator Fetzer of the 1st District moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

WEDNESDAY, JANUARY 25, 1933.

163

SENATE CHAMBER, ATLANTA, GA.
'VEDNESDAY, JANUARY 25, 1933.

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

Prayer was offered by the Reverend Mr. T. M. Luke, of the Christian Church.

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

Alston Andrews Baggett Boyd Boy kin Cail Campbell Caritliers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer

Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.

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

The Journal was confirmed.

Senator Fetzer of the 1st District asked unanimous con-

164

JoURNAL OF THE SENATE,

sent that the following order of business for this session, after the confirmation of the Journal, be adopted, and the consent was granted:
1. Unanimous Consents.
2. Introduction of new matter. 3. Reports of Standing Committees.
4. Unfinished Business. 5. Reading of House bills the first time for reference. 6. Second reading of Senate and House bill favorably
reported.
7. Motions, resolutions, petitions.
Mr. Hubbard of the 31st District, Chairman of the Committee on Education and Public Schools, submitted the following report:

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

By Senators Tuten of the 46th District, and Knox of the 3rd District-
Senate Resolution No. 15. A resolution to investigate School Book Commission.

By Mr. Hubbard of the 31st District-
Senate Resolution No. 20. A resolution asking State Board of Education to annul its new text-book contract and to make another adoption.

WEDNESDAY, JANUARY 25, 1933.

165

Senator Morris of the 39th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Highways for the purpose of making corrections, and that it be recommitted to the same committee, and the consent was granted:

By Senator Morris of the 39th District-
Senate Bill No. 67. A bill to enable the State Highway Department to carry out the provisions of the Act ap-
proved August 25, 1931, as to repayment to counties.

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

By Senator Sims of the 35th District-
Senate Bill No. 107. A bill to amend an Act approved August 22, 1929, so as to exclude property on which ad valorem tax is paid.
Referred to Committee on Finance.

By Senator Colson of the 4th District-
Senate Bill No. 108. A bill to require reports from civil divisions of the State.
Referred to Committee on General Judiciary No. 1.

The following privileged resolution was read and adopted:

By Senator Hutcheson of the 44th District-
A resolution extending the privileges of the floor to the Honorable Claude Clements, Tax Collector, and to the Honorable T. W. Byron, Clerk of the Superior Court of 'Valker County.

166

JOURNAL OF THE SENATE,

The following bill of the House was read the first time and referred to the Committee on Special Judiciary:

By Mr. Rogers of Wayne-
House Bill No. 111. A bill to provide for abolishing the City Court of Jesup.
The following resolutions of the Senate, favorably reported by committees, were read the second time:

By Senator Hubbard of the 31st District-
Senate Resolution No. 20. A resolution asking the State Board of Education to annul its new text-book contract and to make another adoption.

By Senators Tuten of the 46th District, and Knox of the 3rd District-
Senate Resolution No. 15. A resolution that a committee be appointed to investigate the actions of the TextBook Commission.
Senator Hubbard of the 31st District asked unanimous consent that action on Senate Resolution No. 20 be postponed to the period of Unfinished Business at tomorrow's session, and the consent was granted.
Senator Tuten of the 46th District asked unanimous consent that action on Senate Resolution No. 15 be postponed to the period of Unfinished Business, tomorrow morning, following action on Senate Resolution No. 20. Granted.
The following privileged resolutions were read and . adopted:

By Senator Paschall of the 43rd District-
A resolution extending the privileges of the floor to the Honorable A. B. David, former Senator from the 43rd District.

WEDNESDAY, JANUARY 25, 1933.

167

By Senators Turner of the 7th District, and McWhorter of the 5Oth District-
A resolution extending the privileges of the floor to the Honorable W. Henry Duckworth, former member of this body.

By Senators Weaver of the 25th District, and Howard of the 24th District-
A resolution extending the privileges of the floor to the Honorable C. F. McLaughlin, Judge of the Chattahoochee Judicial Circuit.

By Senator Paschall of the 43rd District-
A resolution extending the privileges of the floor to the Honorable Buell Stark, a former member of this body.

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. 'Vilson of Murray-
House Bill No. 139. A bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Revenues for the County of Murray, and for other purposes.

By Mr. Thrasher of Oconee-
House Bill No. 64. A bill to be entitled an Act to abolish County Court of Oconee County, and for other purposes.

168

JoURNAL OF THE SENATE,

By Mr. Rogers of Wayne-

House Bill No. 78. A bill to be entitled an Act to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Wayne, approved February 17, 18 76, and for other purposes, and all amendments thereof.
By Mr. Thrasher of Oconee-
House Bill No. 63. A bill to be entitled an Act to change salary of Chairman of Board of Roads and Revenue of Oconee County from $2,000.00 per annum to $1,500.00 per annum.

By Messrs. Defore, Park and Gillen of Bibb-
House Bill No.9. A bill to be entitled an Act to abolish the Road Board of Bibb County, and for other purposes.

By Mr. King of Clay-
House Bill No. 172. A bill to be entitled an Act to reduce the official bond of the Sheriff of the County of Clay, and for other purposes.

By Mr. Burton of Franklin-
House Bill No. 39. A bill to be entitled an Act to fix the amount of bond for the Sheriff of Franklin 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 bills of the House, to-wit:

WEDNESDAY, jANUARY 25, 1933.

169

By Mr. Mixon of Irwin-
House Bill No. 44. A bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Revenues for the County of Irwin, and for other purposes.

By Mr. Wilson of Murray-
House Bill No. 140. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Murray County, and for other purposes.

By Mr. Rogers of Wayne-
House Bill No. 79. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Wayne, to provide for his election, recall, define duties, powers, and for other purposes.

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 144. A bill to be entitled an Act to amend an Act approved the 16th day of December, 1897 (Acts of 1897, p. 408), to establish the City Court of Albany, and all Acts amendatory thereof, by providing that all cases, civil and criminal, shall be tried by the Judge of said Court alone, 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 reqmsrte Constitutional majority the following resolution of the House, to-wit:
House Resolution No. 68. A resolution authorizing the extension of the time limit of purchasing automobile tags from February 1st to March 1st, 1933, without penalty.

170

JOURNAL OF THE SENATE,

Senator Fetzer of the 1st District, Vice-Chairman of the Committee on Rules, reported that the following resolution of the Senate do pass as amended by the committee:

By Senator Knox of the 3rd District-
Senate Resolution No. 22.. A resolution to limit the attachees of the Senate during the regular session of 1933.

The committee offered the following amendment:
Be it resolved by the Senate, that the following attachees
be, and the same are, hereby authorized for the Senate for the sessions of 1933 under the authority given in Part I, Title II, Division F, Section 88, Subsection (a), Paragraph 9, Acts of 1931, page 83, known as the General Appropriation Act for 1931-1933, to-wit:
To be appointed by the President of the Senate:
Three assistant doorkeepers for gallery of the Senate at $4.00 per day each.
One secretary and stenographer to the President of the Senate at $5.00 per day.
Two assistant sergeant-at-arms for the Senate at $4.00 per day each.
Four assistant doorkeepers at $4.00 per day each.
Three assistant messengers at $4.00 per day each.
One personal messenger to the President at $4.00 per day.
Six pages at $2.00 per day each.
Two assistant postmistresses at $4.00 per day each.
Two stenographers for committees at $5.00 per day each.
To be appointed by the Secretary of the Senate:

WEDNESDAY, JANUARY 25, 1933.

171

Two proofreaders to assist the Enrolling and Engrossing Committees at $4.00 per day each.
Four porters at $1.50 per day each. One head porter at $2.50 per day.
The amendment was adopted.
The resolution, as amended, was adopted.
The following bills of the House were read the first time and referred to committees:

By Mr. Mixon of Irwin-
House Bill No. 44. A bill to repeal an Act creating the office of Commissioner of Roads and Revenues of Irwin County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. vVilson of Murray-
House Bill No. 140. A bill 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. Rogers of Wayne-
House Bill No. 79. A bill to create a Board of Commissioners of Roads and Revenues for Wayne County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 144. To amend an Act approved the 16th day of December, 1897, to establish the City Court of Albany, and all Acts amendatory thereof, by providing that all cases, civil and criminal, shall be tried by the Judge of said Court alone, and for other purposes.

172

JOURNAL OF THE SENATE,

Referred to Committee on Special Judiciary.

By Mr. Wilson of Murray-
House Bill No. 139. A bill to repeal an Act creating the office of Commissioner of Roads and Revenues for the County of Murray, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Thrasher of Oconee-
House Bill No. 64. A bill to abolish County Court of Oconee County, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Rogers of Wayne-
House Bill No. 78. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Wayne, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Thrasher of Oconee-
House Bill No. 63. A bill to change salary of Chairman of Board of Roads and Revenues of Oconee County fron;t $2,000.00 per annum to $1,500.00 per annum.
Referred to Committee on Counties and County Matters.

By Messrs. Defore, Park and Gillen of Bibb-
House Bill No. 9. A bill to abolish the Road Board of Bibb County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. King of Clay-
House Bill No. 172. A bill to reduce the official bond of the Sheriff of Clay County, and for other purposes.

WEDNESDAY, }ANUARY 25, 1933.

173

Referred to Committee on General Judiciary No. 2.

By Mr. Burton of Franklin-
House Bill No. 39. A bill to fix the amount of bond for the Sheriff of Franklin County, and for other purposes.

The following bill of the Senate was read the third time and put upon its passage:
By Senators Tuten of the 46th District, Weaver of the 25th District, Sims of the 35th District, and Knox of the 3rd District-
Senate Bill No. 52. A bill to provide that a consolidated bank have the right of succession as trustee.
Senator Colson of the 4th District asked unanimous consent that further action on the bill be postponed until tomorrow, under the head of Unfinished Business, and the consent was granted.
Senator Jackson of the 21st District asked unanimous consent that the following resolution of the House be taken up at once, and the consent was granted, and the resolution was read and adopted:

By Messrs. Spivey of Emanuel, Harris of Richmond, Crawford of Floyd, and Munday of Polk-
House Resolution No. 68. A resolution to authorize the extension of time for purchasing automobile tags from February 1st to March 1st, 1933.

Senator Turner of the 7th District asked unanimous consent that the following bill of the Senate be introduced at this time, and the consent was granted, and the bill was read the first time and referred to the Committee on Finance:

174

JoURNAL OF THE SENATE,

By Senators Turner of the 7th District, Fudge of the 8th District, Hogg of the 13th District, Howard of the 2nd District, Edmondson of the 42nd District, and Lovett of the 16th District-

Senate Bill No. 109. A bill to provide for an occupation tax on all distributors of motor fuels and kerosene, said tax to be applied to the construction of roads.

The following resolutions of the House, which had been laid on the table for one day at yesterday's session, were read and adopted:

By Mr. Stokes of Twiggs-

House Resolution No. 4 5. A resolution asking for spe-
cific information from the Department of Agriculture and the Board of Regents.

By Messrs. Robinson and Scott of Thomas-
House Resolution No. 34-131a. A resolution providing for a committee to investigate the salaries of officials of the State and their employees.

The following resolution of the House was read and adopted:

By Messrs. Epting of Clarke and Franklin of Lowndes:

House Resolution No. 55. A resolution to secure infor-
mation as to the proper valuation of public utilities.

Senator Fetzer of the 1st District moved that the Senate adjourn, and the motion prevailed.

The President armounced that the Senate stood adjourned until ten o'clock tomorrow morning.

THURSDAY, JANUARY 26, 1933.

175

SENATE CHAMBER, ATLANTA, GA.
THURSDAY, jANUARY 26, 1933.

The Senate met, pursuant to adjournment, at ten 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:

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer

Fudge Goldin Groover Haralson HoggHoward of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator Weaver of the 25th 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.
The Journal was confirmed.
By unanimous consent the following order of business was established for the first part of the period of Unanimous Consent:

176

}OURNAL 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 for reference.
6. Unfinished Business.
7. Special orders and orders of the day: Senate Bill No. 52. Senate Resolution No. 15. Senate Resolution No. 20 .
8. Third reading of bills ready for passage.
9. Motions, resolutions and petitions.
The following resolution of the Senate was introduced read the first time and ordered to lay on the table for one day:

By Senator Culpepper of the 36th District-
Senate Resolution No. 40. A resolution that the State Highway Department furnish the Senate an estimate of revenue for 1933; information as to arrangements with counties for employing county convicts, and the extent to which revenues for 1933 have been anticipated.
The following resolution of the Senate was introduced, read and adopted :

By Senator Cloud of the 19th District-
Senate Resolution No. 41. A resolution that the Senate appoint one Senator as a delegate to the Interstate

THURSDAY, JANUARY 26, 1933.

177

Conference of the American Legislators' Association, to be held in Washington, D. C., on February 3rd and 4th, 1933.
Senator Campbell of the 34th District moved that the Senate reconsider its action in passing Senate Resolution No. 41, and the motion prevailed.
Senator Knox of the 3rd District moved that Senate Resolution No. 41 be laid on the table, and the motion prevailed.
The following resolution of the Senate was introduced, read and referred to the Committee on Pensions:

By Senator Boykin of the 29th District-
Senate Resolution No. 42. A resolution to appropriate a sum not exceeding $1,000, to publish and distribute the records of Georgia Soldier Roster Commission.
Senator Howard of the 2nd District made the point of order that the resolution appropriated money and was not therefore legally before the Senate, and the point was sustained by the Chair, and the resolution was ruled out of order.
Senator Hubbard of the 31st District asked unanimous consent that 300 copies of Senate Bill No. 114, a bill to revise the school laws, be printed, 100 copies for the use of the Senate and 200 for the House, and the consent was granted.
The following bills of the Senate were introduced, read the first time and referred to committees:

By Senator Cail of the 17th District-
Senate Bill No. 110. A bill to create an Ogeechee Judicial Circuit.
Referred to Committee on Congressional and Legislative Reapportionment.

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JoURNAL OF THE SENATE,

By Senator Hubbard of the 31st District, and Senator McWhorter of the 5Oth District-
Senate Bill No. 111. A bill to amend Paragraph 1, Section 2, Article 8 of the Constitution so as to provide for the appointment of State School Commissioner, etc.
Referred to Committee on Amendments to Constitution.

By Senator Cail of the 17th District-
Senate Bill No. 112. A bill to abolish the City Court of Sylvania, Screven County.
Referred to Committee on Special Judiciary.

By Senators Sims of the 35th District, Campbell of the 34th District-
Senate Bill No. 113. A bill to provide for a sewer district for Atlanta and surrounding territory, and for other purposes.
Referred to Committee on Municipal Government.

By Senators McWhorter of the 50th District, Hubbard of the 31st District, Carithers of the 27th District, Tuten of the 46th District, Dorminy of the 45th District, Boyd of the 33rd District, Oliver of the 48th District, Haralson of the 40th District, and Rivers of the 15th District-
Senate Bill No. 114. A bill to revise the school code of Georgia in compliance with the provisions of the resolution approved August 27th, 1931.
Referred to Committee on Education.
By Senators Sims of the 35th District, Campbell of the 34th District-
Senate Bill No. 115. A bill to amend the charter of

THuRSDAY, JANUARY 26, 1933.

179

the City of Atlanta so as to provide a permanent registration of voters.
Referred to Committee on Municipal Government.

By Senator Boykin of the 29th District-
Senate Bill No. 116. A bill to provide for the acceptance of widows of Confederate veterans at the Soldiers' Home of Georgia.
Refei!Ted to Committee on Pensions.

By Senator Sparks of the 9th District-
Senate Bill No. 117. A bill to amend Section 264 of the Code of 1910 so as to provide when a public office shall become vacant and the method of filling vacancies.
Referred to Committee on General Judiciary No. 1.

Senator Colson of the 4th District asked unanimous consent that the Secretary of the Senate cooperate with the Clerk of the House to secure for the use of the Senate and House 300 mimeographed copies of Senate Bill No. 114, instead of the 300 printed copies authorized earlier in the session, and the consent was granted.
Senator Sims of the 35th District asked unanimous consent that Senate Bill No. 52, a bill to provide that a co~ solidated bank shall have succession as Trustee, be withdrawn from the Committee on Banks and Banking and recommitted to the same committee for further study, and 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 requtstte Constitutional majority the following bills, to-wit:

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jOURNAL OF THE SENATE,

By Mr. Mixon of Irwin-
House Bill No. 45. A bill to be entitled an Act to Create a Board of Commissioners of Roads and Revenues for the County of Irwin, and for other purposes.

By Messrs. Scott of Thomas, and Harris of Richmond-
House Bill No. 182. A bill to be entitled an Act to fix the license fees for motor vehicles operated on the public highways of this State, and for other purposes.
Mr. Rivers of 15th District, Chairman of the Committee on County and County Matters, submitted the following report:

Mr. President: Your Committee on County and County Matters have
had under consideration the following bills of the Senate and House and have instructed me as Chairman to report the same back to the Senate with the recommendation that:
Senate Bill No. 5, by Cail of the 17th, do pass.
Senate Bill No. 6, by Cail of the 17th, do pass.
Senate Bill No. 8, by Cail of the 17th, do pass.
Senate Bill No. 10, by Sims of the 35th, do pass. Senate Bill No. 12, by Sims of the 35th, do pass. Senate Bill No. 14, by Sims of the 35th, do pass. Senate Bill No. 37, by Sims of the 35th, do pass. Senate Bill No. 69, by Baggett of the 51st, do pass. House Bill No. 213, by Moye of Randolph, do pass.
Mr. Cloud of 19th District, Chairman of the Committee on Corporations, submitted the following report:

THURSDAY, JANUARY 26, 1933.

181

Mr. PTesident:
Your Committee on Corporations have had under consideration the following bill of the Senate and have instructed me as Chairman to report the same back to the Senate with the recommendation that the same do pass:
CLOUD of the 19th, Chairman.

Senate Bill No. 49. Providing for the revival of the charter of a corporation incorporated by a judgment of the Superior Court whose charter has expired within five years from the date of the expiration.
Mr. Lester of the 18th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following Senate Resolution No. 2 and Senate Biil No. 73 and have instructed me as Chairman to report the same back to the Senate with the recommendation that Senate Resolution No. 2, as amended by the committee, do pass; and that Senate Bill No. 73 do pass. -
Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the House and Senate and have instructed me as Chairman to report the same back to the Senate with the recommendation that the same do pass, to-wit:
House Bill No. 55.

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JOURNAL OF THE SENATE,

Senate Bill No. 74. Senate Bill No. 16.
Sisk of the 30th District, Chairman.

Mr. Howard of the 2nd District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government have had under consideration the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 75, by Campbell of the 34th.
Senate Bill No. 27, by Fudge of the 8th.
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 House, to-wit:

By Mr. Harris of Richmond-
House Resolution No. 78. Providing that when the House and Senate adjourn today that they stand adjourned until 10 o'clock Monday morning, January 30, 1933.
The following bills of the Senate, favorably reported by committees, were read the second time:
By Senator Cail of the 17th DistrictSenate Bill No. 5. A bill to abolish the office of Com-

THURSDAY, jANUARY 26, 1933.

183

missiOners of Roads and Revenues for the County of Screven.

By Senator Cail of the 17th District-
Senate Bill No. 6. A bill to abolish the office of County Treasurer of Screven County.

By Senator Cail of the 17th District-
Senate Bill No. 8. A bill to create Board of Commissioners of Roads and Revenues for the County of Screven.

By Senator Sims of the 35th District-
Senate Bill No. 10. A bill to regulate the salaries of Clerk pf County Commissions in counties of 200,000 population.

By Senator Sims of the 35th District-
Senate Bill No. 12. A bill to fix the salaries of Commissioners of Roads and Revenues in Counties of 200,000 population or more.

By Senator Sims of the 35th District-
Senate Bill No. 14. A bill to provide for the employment of an attorney to represent the County of Fulton, and for other purposes.

By Senator Sims of the 35th District-
Senate Bill No. 16. A bill to amend Section 4424 of the Code of 1910, to provide for survivorship of suits by husband and children for death of wife and mother.

By Senator Fudge of the 8th District-
Senate Bill No. 27. A bill to amend Act creating a Charter for the City of Colquitt, and for other purposes.

184

JOURNAL OF THE SENATE,

By Senator Sims of the 35th District-
Senate Bill No. 3 7. A bill to amend the Act creating a Board of Commissioners of Roads and Revenues of Fulton County, providing for elections to fill such vacancies.

By Senator Pottle of the 1Oth District-
Senate Bill No. 49. A bill providing for the revival of the Charter of a Corporation incorporated by Judgment of the Superior Court, whose charter has expired, within five years from the date of the expiration, and for other purposes.

By Senator Baggett of the 51st District-
Senate Bill No. 69. A bill providing that all precincts in cities having population of not less than 3,357 or more than 3,360, shall keep their polls open on all election days from 7 o'clock A. M. to 6 o'clock P. M.

By Senator Sims of the 35th District-
Senate Bill No. 73. A bill to amend Paragraph 1, Section 2 and Article 7 of the Constitution by reducing assessment of taxes to 50 per cent of market value.

By Senator Sims of the 35th District-
Senate Bill No. 74. A bill to amend Section 5202 of Code of 1910 so as to provide in event of death of Judge or Justice, or where he cannot affirm or deny the allegations in a petition for certiorari, that the same shall be overruled and a new trial granted.

By Senators Campbell of the 34th District, Sims of the 35th District-
Senate Bill No. 75. A bill to amend the Charter of the City of Atlanta as to issuing executions for taxes.

THURSDAY, jANUARY 26, 1933.

185

The following privileged resolutions were read and adopted:

By Senator Key of the 28th District-

A resolution extending the privileges of the floor to the Honorable H. P. Bailey, ex-Chief Warrant Officer of the United States Navy,

By Senator Morris of the 39th District-
A resolution extending the privileges of the floor to Miss Virginia P. Gibbes.

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

By Mr. Evans of McDuffie-
Hause Bill No. 55. A bill to abolish the City Court of
Thomson, and for other purposes.

By Mr. Moye of Randolph-
House Bill No. 213. A bill to abolish the office of County Treasurer of Randolph County.

The following resolution of the Senate, favorably reported by the committee, was read the second time:
Senate Resolution No. 2. A resolution to amend the Constitution by inserting the words Lieutenant Governor in Paragraph 1, Section 1, Article 5, and by repealing paragraphs of Section 1, Article 5, and inserting a section prescribing the qualifications, manner of election, powers, duties, etc.

The following resolution of the senate, postponed from yesterday's session, was taken up for passage:

186

jOURNAL OF THE SENATE,

By Senators Tuten of the 46th District, and Knox of the 3rd District-

Senate Resolution No. 15. A resolution that a committee be appointed to investigate the actions of the School Book Commission.

Senator Key of the 28th District offered the following amendment: Moves to amend Senate Resolution No. 15 by striking the words two and three and substituting three and five in Paragraph 4 in lines two and three of said paragraph on page two.

Senator Oliver of the 48th District called for the pre-

vious question on the resolution and the amendment, and

the call was sustained.



The main question was ordered and the motion prevailed.

The amendment was adopted.

The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.
The question was on the passage of the resolution as amended. Senator Knox of the 3rd 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:

Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Conner Culpepper

Dean Dorminy Edmondson Fetzer Fudge Goldin Groover Haralson Hogg Howard of the 2nd Hubbard

Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore Morris of the 39th Morris of the 5th

THURSDAY, jANUARY 26, 1933.

187

Nelson
Oliver Paschall Pottle Rivers

Robertson Sims Sisk Sparks

Terrell
Turner Tuten Weaver

Those voting in the negative were Senators:

Alston

Colson

Howard of the 24th

On the passage of the resolution as amended the ayes were 46, nays 3. The roll call was verified.

The resolution, as amended, having received the requisite Constitutional majority, was passed. Not voting: Senator Tate of the 41st District.

Senator Sisk of the 30th District asked unanimous consent to introduce a resolution at this time and the following resolution of the Senate was read the first time and ordered to lay on the table one day:

By Senator Sisk of the 30th District-
Senate Resolution No. 43. A resolution that a committee of five, two from the Senate and three from the House, be appointed by the respective officers of each body to make an investigation of the Department of Agriculture and report to the Senate and House at this session.
The following resolution of the Senate, postponed from yesterday's session, was taken up for passage:

By Senator Hubbard of the 31st District-
Senate Resolution No. 20. A resolution asking the State Board of Education to annul its new text book contract and to make another adoption.

Senator Culpepper of the 36th District introduced the following amendment to Senate Resolution No. 20:
Said resolution is amended by adding and inserting at

188

JoURNAL OF THE SENATE,

the end of Paragraph 1 of same the following words, towit:

So far as the same may be done under existing laws and under the terms and conditions of the contracts that may have been signed by the State Board of Education or the Text-Book Commission; and the State Board of Education is called upon to meet at an early date to give consideration to the matters referred to in this resolution; and that said Board of Education is requested to ask and request the holders of such contracts to return the same to said Board for further consideration.

The amendment was adopted.

Senator Tuten of the 46th District called for the previous question on the resolution as amended, and the call was sustained. The main question was ordered and confirmed.

The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.

Senator Oliver of the 48th District called for the ayes and nays, and the call was sustained. The roll was called and the vote was as follows:

Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer Fudge

Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver

THURSDAY, jANUARY 26, 1933.

189.

On the passage of the resolution as amended the ayes were 48, nays 0.
By unanimous consent the verification of the roll call was dispensed with.
Not voting: Senators Alston of the 12th District, and Andrews of the 23rd District.
The resolution as amended having received the requisite Constitutional majority, was passed.
Senator Knox of the 3rd District asked unanimous consent that both of the above resolutions, viz.: Resolutions Nos. 15 and 20, be immediately transmitted to the House, and the consent was granted.
Senator Fetzer of the 1st District asked unanimous consent that the following bills of the House be read the first time and referred to committees, and the consent was granted and the bills were read and referred to committees:

By Mr. Mixon of Irwin-
House Bill No. 45. A bill to create a Board of Commissioners of Roads and Revenues for Irwin County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Scott of Thomas, and Harris of Richmond-
House Bill No. 182. A bill to fix the license fees of motor vehicles operated on the public highways, and for other purposes.
Referred to the Committee on Motor Vehicles.

An invitation from the Honorable James L. Key, Mayor of Atlanta, to the President, officers and members of the Senate to attend his Sunday School Class at the Georgia

190

JouRNAL oF THE SENATE,

Theatre next Sunday morning at 9 :30 o'clock, was received and accepted.
Senator Weaver of the 25th District addressed the Senate on the subject of the Georgia Experiment Station.
The following joint resolution of the House was read and adopted:

By Mr. Harris of Richmond-
House Resolution No. 78. A resolution providing that when the House and Senate adjourn today they stand adjourned until 10 o'clock A. M., Monday, January 30, 1933.
Senator Fetzer of the 1st District moved that the Senate adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until 10 o'clock next Monday morning.

MONDAY, JANUARY 30, 1933.

191

SENATE CHAMBER, ATLANTA, GA.,
MONDAY, JANUARY 30, 1933.
The Senate met, pursuant to adjournment, at ten o'clock A. M. this day and was called to order by the President.
Prayer was offered by the Reverend E. D. Kelly, of the
Baptist Church of Conyers.
Senator Terrell of the 37th District moved that the calling of the roll be dispensed with and the motion prevailed.
Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that the Journal of the previous session, viz., of the 26th instant, had been examined and found correct.
Senator Fetzer of the 1st District moved that the reading of the Journal be dispensed with and the motion prevailed.
The Journal was confirmed.
Senator Fetzer of the 1st District moved that the following be established as the order of business for this session during the first part of the period of unanimous consents, and the motion prevailed:
Introduction of new matter.
Reports of Standing Committees.
Second reading of Senate and House Bills favorably reported.
Third reading and passage of local and uncontested Senate and House Bills.
First reading of House Bills for reference.

192

JOURNAL OF THE SENATE,

Senator Dean of the 11th District asked unanimous consent that the following bill of the Senate be withdrawn, and the consent was granted :

By Senators Dean of the 11th District, Oliver of the 48th District, and Baggett of the 51st District-
Senate Bill No. 88. A bill to create a Delinquent Tax Commission.

The following bill of the Senate was introduced, read the first time and referred to Committee on Highways:

By Senators Howard of the 2nd District, and Rivers of the 15th District-
Senate Bill No. 118. A bill to amend the Act designating the highway mileage so as to add mileage from Lyons through the prison farm at Glenville.

Mr. Colson of the 4th District, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. President:

Your Committee on Game and Fish have had under consideration the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate with the recommendation that the same do pass:

Senate Bill No. 23.

Senate Bill No. 54.

This January 30, 1933.

J. T. COLSON,

Chairman.

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

MoNDAY, jANUARY 30, 1933.

193

Mr. President:
The House has passed by the reqms1te Constitutional majority the following bills and resolutions of the House, to-wit:
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 29. A bill to amend an Act providing for the establishment and maintaining of public schools in and for the municipality of Bainbridge, and for other purposes.
By Mr. Evans of McDuffie-
House Bill No. 40. A bill to be entitled an Act to legalize the suspension of sentences in misdemeanor cases, etc., and for other purposes.

By Mr. Maxwell of Grady-
House Bill No. 48. A bill to amend the Act creating the City Court of Cairo and amendments thereto, and for other purposes.

By Messrs. Mixon of Irwin, Calhoun of Wilkes, and Mitchell Delegation, et. al.-
House Resolution No. 76. A resolution requesting State Board of Education to cancel recent contracts for textbooks, and for other purposes.

By Mr. Calhoun of Wilkes-
House Bill No. 81. A bill to be entitled an Act to repeal an Act entitled "An Act to establish the City Court of Washington, to define powers and duties thereof, and for other purposes."

By Mr. Maxwell of GradyHouse Bill No. 89. A bill to be entitled an Act to

194

JOURNAL OF THE SENATE,

abolish the Act creating the City Court of Whigham, and for other purposes.

By Messrs. Bennett and Westbrook, of Dougherty-
House Bill No. 148. A bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Dougherty County, Georgia; to create the office of Tax Commissioner of the said county, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
M r: President:
The House has passed by the requisite Constitutional majority the following bills and resolutions of the House, to-wit:

By Mr. Brown of Glynn-
House Bill No. 192. A bill to be entitled an Act to repeal an Act of the General Assembly establishing a Board of Commissioners of Roads and Revenues in the County of Glynn, approved December 15, 1898, and for other purposes.

By Mr. Brown of Glynn-
House Bill No. 193. A bill to be entitled an Act to create a Board of Commissioners of Glynn, and for other purposes.

By Mr. Brown of Glynn-
House Bill No. 194. A bill to be entitled an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Glynn County, Georgia, and for other purposes.

MONDAY, JANUARY 30, 1933.

195

By Mr. Brown of Glynn-
House Bill No. 197. A bill to be entitled an Act to abolish the County Police force of Glynn County and substitute in lieu thereof Deputy Sheriffs, and for other purposes.

By Mr. Dixon of Pierce-
House Bill No. 199. A bill to be entitled an Act to amend an Act establishing the City Court of Blackshear, and for other purposes.

By Mr. Barker of Heard-
House Bill No. 217. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenue of the County of Heard, and for other purposes.

By Messrs. Almond and Preston of Vvalton-
House Bill No. 234. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Walton County, and for other purposes.

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

By Senator Howard of the 24th District-
Senate Bill No. 23. A bill to prohibt hunting and killing of deer in certain counties.

By Senator Pottle of the 1Oth District-
Senate Bill No. 54. A bill to establish the season for hunting game.
By unanimous consent the following bills of the Senate were introduced at this period, read the first time and referred to committees:

I

196

JoURNAL OF THE SENATE,

By Senators Morris of the 39th District, Tuten of the 46th District, Knox of the 3rd District, Moore of the 47th District, Lester of the 18th District, Fetzer of the 1st District, Hubbard of the 31st District, Lewis of the 20th District, and Sparks of the 9th District-
Senate Bill No. 119. A bill to provide for further economy and efficiency in conducting the University System of Georgia.

Referred to the Committee on University System of Georgia.
By Senators Morris of the 39th District, Tuten of the 46th District, Knox of the 3rd District, Moore of the 47th District, Lester of the 18th District, Fetzer of the 1st District, Hubbard of the 31st District, Lewis of the 20th District, and Sparks of the 9th District-

Senate Bill No. 120. A bill to give the Regents of the University System of Georgia authority to effect further economies and to increase efficiency.
Referred to the Committee on University System of Georgia.
By Senators Morris of the 39th District, Tuten of the 46th District, Moore of the 47th District, Knox of the 3rd District, Lester of the 18th District, Fetzer of the 1st District, Hubbard of the 31st District, Howard of the 24th District, Sparks of the 9th District, and Rivers of the 15th District-
Senate Bill No. 121. A bill to change the fiscal year of the Regents of the University System of Georgia from a calendar year to the period beginning July 1st and ending June 30th.
Referred to Committee on University System of Georgia.

MoNDAY, jANUARY 30, 1933.

197

The following bills of the senate were read the third time and put upon their passage:

By Senator Cail of the 17th District-
Senate Bill No. 5. A bill to repeal the Acts to revise the laws governing Screven County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Cail of the 17th District-
Senate Bill No. 6. A bill to abolish the office of County Treasurer of Screven County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Cail of the 17th District-
Senate Bill No. 8. A bill to create a Board of County Commissioners of Roads and Revenues of Screven County.
Senator Cail of the 17th District asked unanimous consent that the following amendment be adopted, and the consent was granted: "To strike in its entirety Section 23."
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 40, nays 0.

198

jOURNAL OF THE SENATE,

The bill as amended having received the requisite Constitutional majority, was passed.

By Senator Sims of the 35th District-

Senate Bill No. 10. A bill to fix the salaries of Clerks of Boards of County Commissioners in Counties of 200,000 or more population.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Sims of the 35th District-
Senate Bill No. 12. A bill to fix the salaries of Commissioners of Roads and Revenues in Counties of 200,000 or more population.
The report of the committee, which was favorable to the passage of the hill, was lilgreed to.
On the passage of the bill the ayes were 43, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Sims of the 35th District-
Senate Bill No. 14. A bill to provide for the employment of an attorney to represent 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 44, nays 0.
The bill having received the requisite Constitutional majority, was passed.

MONDAY, jANUARY 30, 1933.

199

By Senator Fudge of the 8th District-
Senate Bill No. 27. A bill to amend the Acts creating the Charter of the City of Colquitt; to fix the salary of Mayor.

The report of the commtttee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 37, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Sims of the 35th. District-
Senate Bill No. 37. A bill to provide for election of members of Board of County Commissioners of Fulton County to fill vacancies thereon.
The report of the committee, which was favorable to the passage of the bill, was agreed .to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Baggett of the 51st District-
Senate Bill No. 69. A bill to amend Section 80 of the Civil Code of 1910 to regulate the hours of opening and closing polls.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 43, nays 0.
The bill having received the requisite Constitutional majority, was passed.

200

JOURNAL OF THE SENATE,

By Senators Howard of the 24th District, and Sims of the 35th District-
Senate Bill No. 75. A bill to provide the manner of issuing tax fi fas in Counties of 200,000 or more population.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following bills of the House were read the third time and put upon their passage:

By Mr. Evans of McDuffie-
Hoose Bill No. 55. A bill to repeal the Act of August 14, 1920, so as to abolish the City Court of Thomson.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Moye of Randolph-
House Bill No. 213. A bill to abolish the office of County Treasurer of Randolph County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority was passed.
Senator Cail of the 17th District asked unanimous con-

MONDAY, JANUARY 30, 1933.

201

sent that the following bills of the Senate be withdrawn from the committees to which they had been referred in order to further perfect them, and the consent was granted:

By Senator Cail of the 17th District-
Senate Bill No. 110. A bill to create the Ogeechee Judicial Circuit; and Senate Bill No. 112, a bill to abolish the City Court of Sylvania.
The following resolution of the Senate was read and adopted:

By Senator Culpepper of the 36th District-
Senate Resolution No. 40. A resolution calling for specific information from the State Highway Board as to revenue for 1933, extent to which revenue has been anticipated, arrangements with Counties for employing convicts, etc.
The following joint resolution of the Senate, which was laid on the table for one day at the previous session, was taken up for passage:

By Senator Sisk of the 30th District-
Senate Resolution No. 43. A resolution that a committee of five, two from the Senate and three from the House, be appointed to investigate the Department of Agriculture.
Senator Sisk of the 30th District moved to amend Senate Resolution No. 43 by adding thereto the following:
Be it further resolved, that the President of the Senate designate one of said members to be Chairman of said committee.
Be it further resolved, that said committee be and it is hereby authorized, empowered and directed to make a thorough investigation and written report of any charges

202

JouRNAL OF THE' SENATE,

along the line indicated involving any other department or agency of the State.

Be it further resolved, that said committee is authorized and empowered to call upon the department of law for counsel in the conduct of said investigation.

Be it further resolved, that said committee shall have authority to subpoena and compel the attendance of witnesses; compel the production of documents; administer oaths to witnesses and examine the records of any department.
Senator Sisk of the 30th District asked unanimous consent to withdraw the amendment. There was objection.
Senator Key of the 28th District offered the following amendment to the amendment: To strike the second paragraph of the amendment.
The amendment of Senator Key to the amendment of Senator Sisk was adopted.
The amendment as amended was adopted.
The question was on the adoption of the resolution as amended. The resolution as amended was adopted.
Senator Sisk of the 30th District asked unanimous consent that Senate Resolution No. 43 be immediately transmitted to the House, and the consent was granted.
Senator Pottle of the 1Oth District called up the following resolution of the Senate, which had been laid on the table at a previous session:

By Senator Cloud of the 19th District-
Senate Resolution No. 41. A resolution that the Senate appoint one Senator as a delegate to the Interstate Conference of the American Legislator's Association to be held in Washington February 3 and 4, 1933.

MoNDAY, JANUARY 30, 1933.

203

The resolution was adopted.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Sims of the 35th District-
Senate Bill No. 16. A bill to amend Section 4424 of the Civil Code to provide for survivorship of suits by husband and children.
Senator Fetzer of the 1st District asked unanimous consent that the above bill, viz,. Senate Bill No. 16, be withdrawn and recommitted, and the consent was granted.

By Senator Pottle of the 1Oth District-
Senate Bill No. 49. A bill to amend the Acts to revive the charter of a corporation so as to extend the time from five to ten years.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Sims of the 35th District-
Senate Bill No. 73. A bill to amend Paragraph 1, Section 2, Article 7, of the Constitution to limit assessment of real estate for tax purposes to 50% of cash market value.

Senator Sims of the 35th District asked unanimous consent that action on Senate Bill No. 73 be postponed and made a special and continuing order under the head of Unfinished Business on Wednesday, next, and the consent was granted.

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JouRNAL OF THE SENATE,

By Senator Sims of the 35th District-
Senate Bill No. 74. A bill to amend Section 5202 of the Civil Code to provide for new trial in petitions of certiorari.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 37, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following Senate joint resolution was read and adopted:

By Senator Key of the 28th District-
Senate Resolution No..45. A resolution invttmg Dr. Charles H. Herty to address the General Assembly on the subject of forests and forest products.
The following resolution of the Senate was read the third time and put upon its passage:

By Senator Jackson of the 21st District-
Senate Resolution No. 2. A resolution to amend the Constitution to provide for a Lieutenant-Governor.
The committee moves to amend Senate Resolution No. 2, as follows:

By adding a subsection to Paragraph 8, to be known as subparagraph No. 6, at the end of said Paragraph, as follows:
( 6) The General Assembly shall have power to prescribe such other duties to be discharged and performed by the Lieutenant-Governor as not inconsistent herewith.
Senators Key of the 28th, and Jackson of the 21st Dis-

MONDAY, JANUARY 30, 1933.

205

trict moved to amend Senate Resolution No. 2 by striking in fourth line of Section 7 the following words, to-wit: "after the fourth Wednesday in June, 1929," and insert in lieu thereof the following words, to-wit: "after the second Monday in January, 1935."

Senator Jackson of the 21st District asked unanimous consent that the above resolution, viz., Senate Resolution No. 2, be made a special and continuing order for Wednesday, next, following action on Senate Bill No. 73, and the consent was granted.

The following privileged resolution was read and adopted:

By Senator Lester of the 18th District-

A resolution extending the privileges of the floor to the Honorable J. R. Lewis, Chairman of the County Commission of Jefferson County.

The following communication from President-elect Franklin D. Roosevelt was received and read:

Hon. Andrew J. Tuten,

January21, 1933.

Senate Chamber,

Atlanta, Ga.

My dear Senator:

Will you please convey to the General Assembly of Georgia my sincere appreciation for the cordial invitation to me to address a Joint Session of the General Assembly of Georgia as contained in the resolution forwarded to me.

It is with sincere regret that I find it impossible at the present time to accept this invitation.

Sincerely yours,

FRANKLIN D. RoosEVELT.

206

JoURNAL OF THE SENATE,

By unanimous consent the following resolution of the House was read at this period the first time and referred to the Committee on Education:

By Messrs. Mixon of Irwin, Calhoun of Wilkes-
House Resolution No. 76. A resolution requesting the State Board of Education to cancel recent contracts for text-books, and for other purposes.
By unanimous consent the following bills of the House were read at this period for the first time and referred to committees:

By Messrs. Griffin and Simmons of Decatur-

House Bill No. 29. A bill to amend an Act providing for the establishment of public schools in Bainbridge, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Evans of McDuffie-
Hause Bill No. 40. A bill to be entitled an Act to legalize the suspension of sentences in misdemeanor cases, etc., and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Mr. Maxwell of Grady-
House Bill No. 48. A bill to amend the Act creating the City Court of Cairo, and amendments thereto, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Calhoun of Wilkes-
House Bill No. 81. A bill to be entitled an Act to repeal an Act entitled "An Act to establish the City Court

MoNDAY, JANUARY 30, 1933.

207

of Washington, to define powers and duties thereof, and for other purposes."
Referred to Committee on Special Judiciary.

By Mr. Maxwell of Grady-
House Bill No. 89. A bill to be entitled an Act to abolish the Act creating the City Court of Whigham, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 148. A bill to be entitled an Act to consolidate the offices of the Tax Receiver and Tax Collector of Dougherty County, Georgia; to create the office of Tax Commissioner of the said County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Brown of Glynn-
House Bill No. 192. A bill to be entitled an Act to repeal an Act of the General Assembly establishing a Board of Commissioners of Roads and Revenues in the County of Glynn, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Brown of Glynn-
House Bill No. 193. A bill to be entitled an Act to create a Board of Commissioners of Glynn, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Brown of Glynn-
House Bill No. 194. A bill to be entitled an Act to consolidate the offices and duties of Tax Receiver and Tax

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JouRNAL OF THE SENATE,

Collector of Glynn County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Brown of Glynn-
House Bill No. 197. A bill to be entitled an Act to abolish the County police force of Glynn County and substitute in lieu thereof Deputy Sheriffs, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Dixon of Pierce-
House Bill No. 199. A bill to be entitled an Act to amend an Act establishing the City Court of Blackshear, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Barker of Heard-
House Bill No. 21 7. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Heard, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Almond and Preston of Walton-
House Bill No. 234. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Walton County, and for other purposes.

By unanimous consent the following notice was ordered to be posted on the bulletin board:

MONDAY, jANUARY 30, 1933.

209

NOTICE

By agreement entered into by the chairmen of the respective committees, the following sche.dule of regular, _weekly and non-conflicting times of meeting have been arranged:
Committee on Appropriations, Mondays, 2 :30 P. M.
Committee on Amendments to the Constitution, Mondays, 3 :30 P. M.
Committee on Finance, Tuesdays, 2.30 P. M.
Committee on Highways, Wednesdays, 2 :30 P. M.
Committee on Motor Vehicles, Wednesdays, 3 :30 P. M.
Committee on General Judiciary No. 1, Thursdays, 2.30
P.M.

Further announcement of these regular meetings, stating the place of meeting and any change in time found necessary, will be made on the days of meeting-on adjournment of the Senate; special meetings, if necessary, will also be announced, as usual.

Sims of the 35th, Chairman, Committee on Appropriations.

Lester of the 18th, Chairman, Committee on Amendments to the Constitution.

Cason of the 22nd, Chairman, Committee on Finance.

Culpepper of the 36th, Chairman, Committee on Highways.

210

JoURNAL OF THE SENATE,

Campbell of the 34th, Chairman, Committee on Motor Vehicles.

Lewis of the 20th, Chairman, Committee on General Judiciary No. 1.

Senator Fetzer of the 1st District moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

TUESDAY, }ANUARY 31, 1933.

211

SENATE CHAMBER, ATLANTA, GA. TUESDAY, ]ANUARY 31, 1933.

The Senate met, pursuant to adjournment, at ten 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:

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer

Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator 'Veaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.

Senator Fetzer of the 1st District gave notice that he would ask that the Senate reconsider its action in passing Senate Bill No. 8, and the consent was granted.

By unanimous consent the reading of the Journal was dispensed with.
Senator Fetzer of the 1st District asked unanimous con-

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JOURNAL OF THE SENATE,

sent that the Senate reconsider its action in passing Senate Bill No. 8, a bill by Senator Cail of the 17th District, to create a Board of County Commissioners for Screven County, and the consent was granted.
The Journal was confirmed.

Senator Fetzer of the 1st District asked unanimous consent that the following order be adopted as the order of business for this session, and the consent was granted:

ORDER OF BUSINESS FOR JANUARY 31, 1933.

1. Prayer by the Chaplain.
2. Roll call.
3. Report of Committee on Journals.
4. Notices of motions to reconsider ( S. B. No. 8, by Cail).
5. Reading of the Journal.
6. Motions to reconsider.
7. Confirmation of the Journals.
8. Unanimous Consents:
The following order of business is established for the first part of the period of unanimous consents:
a. Introduction of new matter. b. Reports of standing committees. c. Second reading of Senate and House bills fa-
vorably reported. d. First reading of House bills for reference.
9. Consideration of motion to reconsider. (By Cail,
s. B. 8).
10. Unfinished Business.

TUESDAY, JANUARY 31, 1933.

213

11. Special order and orders of the day.
12. Reading of bills third time ready for passage.
13. Motions, petitions and resolutions.
Senator Cail of the 17th District, Secretary of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following bills of the Senate and have jnstructed me to report the same back to the Senate with the recommendation that the same be recommitted to the Committee on Amendments to the Constitution:
Senate Bill No. 20.
Senate Bill No. 4 5.
Mr. Lester of the 18th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:

Mr. President:
Your Committee on Amendments to the Constitution have had under consideration Senate Resolution No. 82, and the committee has instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
Mr. Howard of the 2nd District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government have had under consideration the following Senate bills and have in-

214

JouRNAL OF THE SENATE,

structed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:

Senate Bill No. 9. By Mr. Sims of the 35th District.
Senate Bill No. 95. By Knox of the 3rd District.
Senate Bill No. 104. By Sims of the 35th District.
Senate Bill No. 115. By Sims of the 35th District and Campbell of the 34th District.
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-wit:

By Messrs. Johnson of Montgomery, Green of Raburn, Almond of Walton, and Roundtree of Emanuel-
House Resolution No. 79. A resolution extending thanks to the City of Savannah for courtesies shown the Conservation Committees.

By Messrs. Longley of Troup, Peters and Hill of Meriwether-
House Resolution No. 81. A resolution extending af~ fection and great admiration of the General Assembly of Georgia to President-elect Franklin D. Roosevelt.

By Mr. Harris of Richmond-
House Resolution No. 82. A resolution inviting the Honorable Sennett Conner, Governor of the State of Misissippi, to address the General Assembly of Georgia at his pleasure.

TUESDAY, JANUARY 31, 1933.

215

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. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 20. A bill to be entitled an Act to authorize a railroad corporation to sell or lease its property to another railroad corporation, and for other purposes.

By Mr. Lott of Coffee-
House Bill No. 24. A bill to fix the salary of the Judge of the City Court of Douglas, and for other purposes.

By Messrs. Dyer andArnall of Coweta-
House Bill No. 26. A bill to be entitled an Act to amend an Act to create a new charter for the City of Newnan, and for other purposes.

By Messrs. Griffin and Simmons of Decatur-
House Bill No. 31. A bill to be entitled an Act to amend Section 3 of the Charter of the City of Bainbridge, as amended, by increasing the city limits, and for other purposes.

By Mr. Bush of Miller-
House Bill No. 58. A bill to be entitled an Act to repeal an Act entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Colquitt, and for other purposes.

216

JOURNAL OF THE SENATE,

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 68. A bill to be entitled an Act to amend Section 4942 of Georgia, and for other purposes.

By Messrs. Arnall and Dyer of Coweta-
House Bill No. 88. A bill to be entitled an Act to amend an Act entitled an Act to create a new charter for the City of Newnan, 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 requlSlte Constitutional majority the following bills of the House, to-wit:

By Mr. Martin of Jeff Davis-
House Bill No. 200. A bill to be entitled an Act to amend the charter of the City of Hazlehurst, so as to authorize said municipality to create a special indebtedness, and for other purposes.

By Messrs. Peters and Hill of Meriwether-
House Bill No. 243. A bill to be entitled an Act to amend an Act incorporating the City of Manchester, approved August 16th, 1909, and for other purposes.

By Messrs. Lindsey, Turner and Hudgins of DeKalb, Still, Hartsfield and Eckford of Fulton-
House Bill No. 254. A bill to be entitled an Act to amend the charter of the City of Atlanta, and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:

TUESDAY, }ANUARY 31, 1933.

217

By Senator Key of the 28th District-
Senate Bill No. 122. A bill to provide for the construction of waterworks in cities and towns, for the issuance of bonds therefor, and for other purposes.

Referred to Committee on Municipal Government.

By Senators Key of the 28th District and Rivers of the 15th District-
Senate Bill No. 123. A bill to provide for the rights of creditors and beneficiaries in life insurance policies, and for other purposes.
Referred to Committee on Insurance.

By Senators Key of the 28th District and Rivers of the 15th District-
Senate Bill No. 124. A bill to authorize non-residents to solicit life insurance in this State.
Referred to Committee on Insurance.

By Senator Key of the 28th DistrictSenate Bill No. 125. A bill to authorize cities and
towns to construct and own sewage disposal plants. Referred to Committee on Municipal Government.
By Senator Hutcheson of the 44th DistrictSenate Bill No. 126. A bill to regulate the business of
msurance. Referred to Committee on Insurance.

By Senator Sisk of the 30th District-
Senate Bill No. 127. A bill to authorize political subdivisions to maintain highway crossing safety guards.

218

JoURNAL OF THE SENATE,

Referred to Committee on Highways.

By Senator Sisk of the 30th District-
Senate Bill No. 128. A bill to provide for collection and deposit of highway funds, depositories and bonds of officers.
Referred to Committee on General Judiciary No. 1.

By Senator Lester of the 18th District-
Senate Bill No. 129. A bill creating a highway patrol under regulation of the State Revenue Commission.
Referred to Committee on Highways.

By Senator Cail of the 17th District-
Senate Bill No. 130. A bill to abolish the City Court of Sylvania.
Referred to Committee on General Judiciary No. 2.

By Senator Cail of the 17th District-
Senate Bill No. 131. A bill to amend the Act creating the Ogeechee Judicial Circuit.
Referred to Committee on General Judiciary No. 2.

By Senator Sims of the 35th District-
Senate Bill No. 132. A bill making improper relations between certain races a felony.
Referred to Committee on General Judiciary No. 1.

By Senators Fetzer of the 1st District, Lester of the 18th District, Haralson of the 40th District, and Dorminy of the 45th District-
Senate Bill No. 133. A bill to amend the securities laws.
Referred to Committee on Corporations.

TUESDAY, JANUARY 31, 1933.

219

By Senator Sims of the 35th District.
Senate Bill No. 134. A bill to amend Section 5154 of the Code to provide for hearings in bail trover proceedings.

Referred to Committee on General Judiciary No. 1.
By Senator Oliver of the 48th DistrictSenate Bill No. 13 5. A bill to amend the Act establish-
ing the Georgia Board of Pharmacy.

Referred to Committee on Education.
By Senators Fetzer of the 1st District and McWhorter of the 50th District-
Senate Bill No. 136. A bill to provide for the adoption of the Code made under authority of an Act approved August 27, 1929.

Referred to Committee on General Judiciary No. 1.
The following resolution of the Senate was introduced, read the first time and referred to the Committee on Libraries:

By Senator Sims of the 35th District-
Senate Resolution No. 46. A resolution that the State Librarian deliver a copy of the Code of 1910 to J. M. Dodd, Justice of the Peace of Fulton County.

The following joint resolution of the Senate was read and adopted, and by unanimous consent was ordered immediately transmitted to the House:

By Senator Sisk of the 30th DistrictSenate Resolution No. 47. A resolution to invite the

220

JOURNAL OF THE SENATE,

Governor and Chairman of the Tax Commission of the State of Mississippi to address the General Assembly on the subject of a retail sales tax at their earliest convenience.
The following privilege resolutions were read and adopted:
By Senator Knox of the 3rd District-
A resolution extending the privileges of the floor to the Honorable J. C. Collier, a former member of the Senate.
By Senator Groover of the 49th District-
A resolution extending the privileges of the floor to Mr. R. F. Donaldson, of Statesboro, Ga.
By Senator Baggett of the 51st District-
A resolution extending the privileges of the floor to the Honorable W. W. Stark, Judge of the Piedmont Judicial Circuit.

By Senator Turner of the 7th District-
A resolution extending the privileges of the floor to Mrs. Webb, the daughter of Senator Moore, and to her friend, Mrs Sinclair.

By Senator Sisk of the 30th District-
A resolution extending the privileges of the floor to the Honorable B. B. Zellars, of the County of Hart, a former member of the Senate.
The following bills of the House were read the first time and referred to committees:

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 20. A bill to be entitled an Act to authorize a railroad corporation to sell or lease its property to another railroad corporation, and for other purposes.

TUESDAY, jANUARY 31, 1933.

221

Referred to Committee on Corporations.

By Mr: Lott of Coffee-
House Bill No. 24. A bill to fix the salary of the Judge of the City Court of Douglas, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Dyer and Arnall of Coweta--
House Bill No. 26. A bill to be entitled an Act to amend an Act to create a new charter for the City of Newnan, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Griffin and Simmons of Decatur-
House Bill No. 31. A bill to be entitled an Act to amend Section 3 of the Charter of the City of Bainbridge, as amended, by increasing the city limits, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Bush of Miller-
House Bill No. 58. A bill to be entitled an Act to repeal an Act entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Colquitt, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 68. A bill to be entitled an Act to amend Section 4942 of Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 1.

222

JouRNAL OF THE SENATE,

By Messrs. Arnall and Dyer of Coweta-
House Bill No. 88. A bill to be entitled an Act to amend an Act entitled an Act to create a new Charter for the City of Newnan, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Martin of Jeff Davis-
House Bill No. 200. A bill to 'be entitled an Act to amend the charter. of the City of Hazlehurst, so as to authorize said municipality to create a special indebtedness, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Peters and Hill of Meriwether-
Hause Bill No. 243. A bill to be entitled an Act to amend an Act incorporating the City of Manchester, approved August 16th, 1909, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Lindsey, Turner and Hudgins of DeKalb, Still, Hartsfield and Eckford of Fulton-
House Bill No. 254. A bill to be entitled an Act to amend the charter of the City of Atlanta, and for ~ther purposes.
Referred to Committee on Municipal Government.
The following resolution of the House was read and adopted:

By Messrs. Johnson of Montgomery, Green of Raburn, Almond of \Valton-
House Resolution No. 79. A resolution extending thanks to the City of Savannah for courtesies shown the Conservation Committees.

TUESDAY, JANUARY 31, 1933.

223

The following resolution of the House was read and adopted:

By Messrs. Longley of Troup and Peters and Hill of Meriwether-
House Resolution No. 81. A resolution expressing the affection and great admiration of the General Assembly for President-elect Franklin D. Roosevelt.

The following resolution of the House was read:

By Senator Harris of Richmond-
House Resolution No. 82. A resolution inv1tmg the Governor of the State of Mississippi to address the General Assembly.
Senator Sisk of the 30th District moved that the resolution be t.abled, and the motion prevailed.
Senator Lewis of the 20th District asked unanimous consent that the following resolution of the Senate be withdrawn from the Committee on General Judiciary No.2, and recommitted to the Committee on Congressional and Legislative Reapportionment, and the consent was granted:

By Senator Sims of the 35th District-
Senate Resolution No. 16. A resolution to amend the Constitution to reorganize the Judicial System.
Senator Cail of the 17th District asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on General Judiciary No. 2, and recommitted to the Committee on Amendments to the Constitution, and the consent was granted:

By Senator Boykin of the 29th DistrictSenate Bill No. 20. A bill to amend Paragraph 2, Sec-

224

jOURNAL OF THE SENATE,

tion 2, Article 7, of the Constitution, so as to exempt household furniture.

By Senator Key of the 28th District-
Senate Bill No. 45. A bill to regulate admission to the practice of law.
The following bills of the Senate, favorably reported by the committees, were read the second time:

By Senator Sims of the 35th District-
Senate Bill No. 9. A bill to amend the charter of the City of Atlanta so as to permit officers to hold military positions.

By Senator Knox of the 3rd District-
Senate Bill No. 95. A bill to amend the Act creating the charter of the City of Hazlehurst.

By Senator Sims of the 35th District-
Senate Bill No. 104. A bill to repeal an Act approved August 18, 1925, to provide pensions for police departments of certain cities.

By Senators Sims of the 35th District and Campbell of the 34th District-
Senate Bill No. 115. A bill to amend the charter of the City of Atlanta, so as to provide for registration of voters.

By Senator Tuten of the 46th District-
Senate Bill No. 82. A bill to amend the Constitution to provide for total divorce upon one verdict.

Senator Campbell of the 34th District asked unanimous consent that House Bill No. 182, a bill to fix license fees of

TUESDAY, JANUARY 31, 1933.

225

motor vehicles, be withdrawn from the committee, read the second time and recommitted, and the consent was granted and the bill was read the second time.

Senator Morris of the 39th District asked unanimous consent that Senate Bill No. 119, a bill to increase the efficiency of the University System, and Senate Bill No. 120, a bill to change institutions to increase economy and efficiency of the University System, and Senate Bill No. 121, a bill to change from a calendar to a fiscal year, be withdrawn from the committee, read the second time and recommitted, and the consent was granted and the three bills were read the second time.
The following bill of the Senate, action on which was reconsidered by a motion made earlier in the session, was taken up for passage:

By Senator Cail of the 17th District-
Senate Bill No. 8. A bill to create a Board of Commissioners for Screven County.

Senator Cail of the 17th District moved to amend by striking Section 24 in its entirety, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, as amended, the ayes were 37, nays 0.

The bill, 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:

226

jOURNAL OF THE SENATE,

By Senator Howard of the 24th District-
Senate Bill No. 23. A bill to prohibit the shooting and hunting of deer in certain counties.
Senator Weaver of the 25th District offered the following amendment: "By adding to both the Caption and Section 1, after the word 'Stewart,' the word 'Talbot,' so as to include Talbot County in the provisions of the 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 28, nays 0.
The bill, as amended, having received the requisite Constitutional majority, was passed.

By Senator Pottle of the lOth District-
Senate Bill No. 54. A bill to amend the Act establishing the season for hunting game.
Senator Knox of the 3rd District called for the previous question, and the call was sustained. The main question was ordered, and the motion prevailed.
The report 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 2.
The bill having received the requisite Constitutional majority, was passed.

The President announced the appointment of the following committee to invite President Roosevelt to address the General Assembly :

Committee on the Part of the Senate-Culpepper of the

TUESDAY, JANUARY 31, 1933.

227

36th District, Moore of the 47th District, Lester of the 18th District, Sims of the 35th District, Carithers of the 27th District.

Committee on the Part of the House-Harris of Richmond, Spivey of Emanuel, Mundy of Polk, Crawford of Floyd, Griffin of Decatur, Coxon of Long, Tolbert of Muscogee, Hill of Meriwether, Arnall of Coweta, Longley of Troup.

Committee of Citizens-Governor Eugene Talmadge, Hon. Clarke Howell, Hon. Cam D. Dorsey, Hon. Fred B. Wilson, Hon. James L. Key.

The President announced the appointment of the following committee under the resolution, known as the salary cut resolution:

Senator Oliver of the 48th District.
Senator Goldin of the 38th District.
Senator Fetzer of the 1st District moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

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JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
WEDNESDAY, FEBRUARY 1, 1933.
The Senate met, pursuant to adjournment, at ten o'clock A. M. this day and was called to order by the President.
Prayer was offered by the Reverend T. M. Luke of the Christian Church.
The roll was called and the following Senators answered to their names:

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer

Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator Weaver of the 25th District reported that he had read the Journal of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.
Senator Fetzer of the First District asked unanimous consent that during the remainder of this session, or until

'VEDNESDAY, FEBRUARY 1, 1933.

229

otherwise ordered by the Senate, that the following order of business be established for the first part of the period of unanimous consents, to-wit:

UNANIMOUS CONSENTS

First-Introduction of New Matter. Second-Reports of Standing Committees. Third-Reading second time of Senate and House Bills favorably reported. Fourth-Third reading and passage of local uncontested Senate and House Bills. Fifth-Reading House Bills, etc., first time for reference.
The consent was granted.

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

By Senator Dorminy of the 45th District-
Senate Bill No. 13 7. A bill to provide for the qualifications of Judges and Jurors in Civil Cases.
Referred to Committee on General Judiciary No. 1.

By Senator Dorminy of the 45th District-
Senate Bill No. 13 8. A bill to further the granting of new trials on account of relationship of jurors.
Referred to Committee on General Judiciary No. 1.

By Senator Dorminy of the 45th District-
Senate Bill No. 139. A bill to provide for additional exemptions from jury duty.
Referred to Committee on General Judiciary No. 1.

230

JoURNAL OF THE SENATE,

By Senator Fudge of the 8th District-
Senate Bill No. 140. A bill to prohibit the use of convicts sentenced for felonies or misdemeanors, in certain counties.
Referred to Committee on Penitentiary.
By unanimous consent Senate Bill No. 127, a bill by Senator Sisk of the 30th District, to authorize political subdivisions to maintain highway crossing safety guards was withdrawn from the Committee on Highways and recommitted to the Committee on Special Judiciary.
Mr. Terrell of the 37th District, Chairman of the Committee on Judiciary No. 2, submitted the following report:

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

Senate Bill No. 60.
Senate Bill No. 13.
Senate Bill No. 11.
Mr. Morris of the 39th 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 hav:e had under consideration the following bills and have instructed me as Chairman to report the same back to the Senate with the recommendation that the same do pass:

\VEDNESDAY, FEBRUARY 1, 1933.

231

Senate Bill No. 119 by Morris of the 39th and others. Senate Bill No. 120 by Morris of the 39th and others. Senate Bill No. 121 by Morris of the 39th and others.
FRED MORRIS, Chairman.
Mr. Campbell of the 34th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

IYIr. President:
Your Committee on Motor Vehicles have had under consideration House Bill No. 182 and have instructed me as Chairman to report the same back to the Senate with the recommendation that same do pass as amended:
House Bill No. 182 do pass as amended.

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 House, to-wit:

By Mr. Hartsfield of Fulton -
House Bill No. 41. A bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of ChathamHouse Bill No. 15 6. A bill to be entitled an Act to

232

JouRNAL OF THE SENATE,

alter, amend and revise the several laws relating to the City Court of Savannah, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 15 7. A bill to repeal Section 913 of the Code of Georgia, which provides for the time of election of certain city officers in cities of a certain population, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 158. A bill to amend an Act, by providing that the salaries of certain officers in counties of a certain population, shall be fixed by the County Commissioners, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 159. A bill to amend Section 862 of the Code of Georgia of 1910, by providing for an appeal from the decision of the Board of Tax Assessors in counties having a certain population, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 204. A bill to repeal certain Acts applicable to counties having a certain population which fix the salaries of Jailers and Jail Employees, 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, to-wit:

vVEDNESDAY, FEBRUARY 1, 1933.

233

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 205. A bill to repeal certain Acts fixing the salaries of Deputy Sheriffs and Bailiffs of Superior and City Courts in certain counties of the State having a certain population, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 206. A bill to repeal certain Acts in reference to the salaries of two Special Bailiffs in counties of a certain population, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 207. A bill to provide that in all counties having a certain population, that the salaries of certain County Officers shall be fixed by the County Commissioners, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 208. A bill to amend an Act to abolish the fee system in the Eastern Judicial Circuit, as applied to the office of Solicitor General, and for other purposes.

By Mr. Johnston of Upson-
House Bill No. 244. A bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Thomaston, and for other purposes.

By Mr. Daughtry of Wilkinson-
House Bill No. 282. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenue for Wilkinson County, Georgia, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

234

JoURNAL OF THE SENATE,

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

By Mr. Barker of Heard-
House Bill No. 308. A bill to be entitled an Act to reduce the official bond of the Sheriff of Heard County to $3,000.00, and for other purposes.

By Mr. Burson of Barrow-
House Bill No. 318. A bill to abolish the offices of Tax Receiver and Tax Collector of Barrow County, Georgia; to create the office of Tax Commissioner of Barrow County, Georgia, and for other purposes.

By Mr. Kennedy of Chatham-
House Bill No. 184. A bill to amend the several Acts relating to the Board of Public Education of the City of Savannah and County of Chatham, and for other purposes.
Senator Knox of the 3rd District, Chairman of the Committee on Privileges and Elections, submitted the following report, which was read and adopted:

ATLANTA, GA., February 1, 1933.
Your Committee on Privileges and Elections has had under consideration a contest filed by Hon. R. W. Davis, of the County of Vi/are, to the se~t held in the Senate by
Hon. J. S. Morris of the 5th Senatorial District.
In the consideration of this contest your committee gave to each of the parties at interest due notice of the hearing thereon, which was held on January 31, 1933. Both parties appeared before the committee and participated in the hearing. After a consideration of the evidence produced before the Senate, and argument thereon, your committee

WEDNESDAY, FEBRUARY 1, 1933.

235

unanimously recommends that said contest be dismissed
and that Hon. J. S. Morris be declared the duly elected
Senator from said 5th Senatorial District.
KNox, Chairman.

Senator Knox of the 3rd District asked unanimous consent, at the request of the contestant, that the statement of the contestant accompanying the report be read, and the consent was granted and the Secretary read the statement, to-wit:

R. W. DAVIS, Contestant, { Election Contest for the Of-

fice of State Senator, 5th

vs.

Senatorial District of the

J. S. MoRRIS, Contestee. State of Georgia.

Defendant admitted that he had not qualified with the Ordinary and that he had not paid his city taxes for 1930 until one week before the general election.
In spite of the following extracts from the Constitution of the State of Georgia, the committee saw fit to dismiss the Davis-l\1orris contest on motion of the Defendant's attorney.

38. fVhen the books shall be closed.
The tax collector shall in each year in which there is a general election to be held for Governor and members of the General Assembly, close the voters' books for said election six months before the date of the election. (Act, 1908, p. 58.)

39. Taxes must be paid six months before the election.
No one shall be allowed to register for said election unless he shall have paid all taxes due by him at least six months before the date of the election.

236

JoURNAL OF THE SENATE,

13 8 ( 10). Ballots in other than primary elections.
* * * All candidates for district and county officers,
either by themselves, or by the proper authorities of the party nominating them, shall file notice of their candidacy with the Ordinary of the county at least fifteen days before
the regular election. * * *

6420. Par. 7. Eligibility; appointments forbidden.
* * * nor any defaulter for public money or for any
legal taxes required of him shall have a seat in either House; nor shall any Senator or Representative, after his disqualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the
advice and consent of the Senate. * * *
The committee ruled that the word "Shall" was optional and not mandatory. 'Ve contend that it is mandatory regarding a general election and I respectfully request the consideration of this entire Senate body.
R. W. DAVIS,
Contestant.

The following bills of the Senate, favorably reported by committees, were read the second time:
By Senators Haralson of the 40th District, Sisk of the 30th District, Sims of the 35th District, Pottle of the 1Oth District, and Key of the 28th District-
Senate Bill No. 60. A bill to amend Section 4198 of the Civil Code regulating the recording of deeds.
By Senator Sims of the 35th District-
Senate Bill No. 13. A bill to provide for the election of Judges of Municipal Courts by the people in counties of 200,000 population.

'VEDNESDAY, FEBRuARY 1, 1933.

237

By Senator Sims of the 35th District-
Senate Bill No. 11. A bill to provide for bail in habeas corpus proceedings.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Sims of the 35th District-
Senate Bill No. 9. A bill to amend the Act establishing a charter for the City of Atlanta approved February 28, 1874, and Acts amendatory thereof providing that officers may hold military positions.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Sims of the 35th District-
Senate Bill No. 104. A bill to repeal present pension laws for Police Departments in cities of 150,000 population or more; to provide maximum pension of $60 per month, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senators Sims of the 35th District, and Campbell of the 34th District-
Senate Bill No. 115. A bill to amend the Act establish-

238

JoURNAL OF THE SENATE,

ing a new charter for the City of Atlanta; to provide for permanent registration of voters.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Knox of the 3rd District-
Senate Bill No. 95. A bill to amend an Act creating a
new charter for the City of Hazlehurst, so as to authorize a special debt for a water works system.
Senator Knox of the 3rd District, author of the above
bill, viz. Senate Bill No. 95, asked unanimous consent that
the bill be tabled and the consent was granted and the bill was laid on the table.

By Senator Sims of the 35th District-
Senate Bill No. 73. A bill to amend the Constitution so
as to limit the assessment of real estate for taxation to 50
per cent of cash market value, to-wit:

A BILL

To be entitled an Act to amend Paragraph 1, Section 2, Article 7 of the Constitution of this State by adding thereto the following: "Provided that real estate in this State shall not be assessed for tax purposes by any taxing authority at a greater rate than fifty per centum of its cash market value," and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia that Paragraph 1 of Section 2 of Article 7 of the Constitution of this State be, and the same is hereby amended by adding thereto the following words: "Pro-

WEDNESDAY, FEBRUARY 1, 1933.

239

vided that rea'l estate in this State shall not be assessed for tax purposes by any taxing authority at a greater rate than fifty per centum of its cash market value," so that said paragraph as amended will read as follows: "All taxation shall be uniform upon the same class of subjects and ad valorem on all property subject to be taxed within the territorial limits of the authority levying the tax and shall be levied and collected under general laws. The General Assembly may, however, impose a tax upon such domestic animals as from their nature and habits are destructive of other property. Provided that real estate in this State shall not be assessed for tax purposes by any taxing authority at a greater rate than fifty per centum of its cash market value."

Sec. 2. Be it further enacted that whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same has been entered upon their Journals with the "ayes" and "nays" taken thereon, the Governor shall cause said amendment to be published in at least two newspapers in each Congressional District in this State for the period of two months next preceding the time of holding the next general election.
Sec. 3. Be it enacted that the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication, as provided in the second section of this Act in the several election districts of this State at which election every person shall be qualified to vote who is entitled to vote for members of the General Assembly. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: "For amendment of Paragraph 1, Section 2, Article 7, forbidding real estate from being assessed for tax purposes by any taxing authority at a greater rate than fifty per centum of its cash

240

JouRNAL OF THE SE~ATE,

market value," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: "Opposed to amendment of Paragraph 1, Section 2, Article 7, of the Constitution of this State forbidding real estate from being assessed for tax purposes by any taxing authority at a greater rate than fifty per centum of its cash market value."

Sec. 4. Be it further enacted that the Governor be, and he is, hereby authorized and directed to provide for the submission of the amendment proposed in this Act to a vote of the people as required by the Constitution of this State in Paragraph 1, of Section 2, Article 13, and if ratified the Governor shall, when he ascertains such ratification from the Secretary of State to whom the returns shall be referred in the manner as in cases of elections of members of the General Assembly to count and ascertain the result, issue his proclamation to be published for one insertion in one of the daily newspapers in this State announcing such result and declaring the amendment ratified.

Sec. 5. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Senator Key of the 28th District offered the following amendment: "To amend the caption and Section 1 of Senate Bill No. 73 by striking the word 'cash' and substituting the word 'fair' where same appears in said bill."

The amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

The bill, proposing to amend the Constitution, the roll was called and the vote was as follows:

WEDNESDAY, fEBRUARY 1, 1933.

241

Those voting in the affirmative were Senators:

Andrews Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner Dean Dorminy Edmondson Fetzer Fudge

Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver

Those voting in the negative were Senators:
Culpepper

On the passage of the bill as amended the ayes were 45, nays 0.

The roll mil was verified.

The bill as amended, being a proposal to amend the Constitution, received the requisite two-thirds majority and was passed.

Not voting: Senators Alston of the 12th District, Baggett of the 51st District, Oliver of the 48th District, and Lester of the 18th District.

The following resolution of the Senate, continued from last Monday's session, January 30th, was taken up for passage:

By Senator Jackson of the 21st District-
Senate Resolution No. 2. A resolution to amend Para-
graph 1, Section 2, Article 5, of the Constitution so as to
provide for a Lieutenant-Governor.

242

JoURNAL OF THE SENATE,

Senator Knox of the 3rd District and Sims of the 35th District offered to amend as follows: "By striking from
Section 3 of Paragraph 5 the words, 'twenty-five hundred
per annum' and by inserting in lieu thereof the words 'such amounts as shall be fixed by the General Assembly.' "
Senator Howard of the 24th District offered to amend "by striking out salary $2,500 and substituting therefor $1,000."
Senator Turner of the 7th District moved the previous question and the motion prevailed. .

The main question was ordered and confirmed.

The question was on the amendment of Senator Howard of the 24th District.

The ayes and nays were called for but the call was not sustained.
The amendment was lost.
The question was on the amendment of Senators Knox of the 3rd District and Sims of the 35th District.

The amendment was lost.

The question was on the amendment of Senator Key of the 28th District, and the amendment was adopted.

The question was on the amendment by the committee, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the resolution as amended, was agreed to.

The resolution, being a proposal to amend the Constitution, the roll was called and the vote was as follows:

\VEDNESDAY, FEBRUARY 1, 1933.

243

Those voting in the affirmative were Senators:

Boykin Campbell Colson Howard of the 24th

Hubbard Jackson Key Knox

Lester Moore Sims Tuten Weaver

Those voting in the negative were Senators:

Andrews Baggett Boyd Cail Carithers Cason Cloud Conner Culpepper Dean Dorminy

Edmondson Fudge Goldin Groover Haralson Hogg Howard of the 2nd Hutcheson Lewis Lovett Mallett

Morris of the 39th Morris of the 5th Nelson Paschall Pottle Rivers Robertson Sisk Sparks Tate Terrell Turner

On the passage of the resolution as amended the ayes were 13, nays 34.

The roll call was verified.

The resolution as amended, proposing to amend the Constitution, and having failed to receive the requisite twothirds Constitutional majority, was lost.
Not voting: Senators Alston of the 12th District, Fetzer of the 1st District, and Oliver of the 48th District.
Senator Lester of the 18th District asked unanimous consent that the following bill be withdrawn from the Senate and the consent was granted:

By Senators Lester of the 18th District, and Campbell of the 34th District-
Senate Bill No. 78. A bill to amend the Georgia Workmen's Compensation Act.

244

JoURNAL OF THE SENATE,

Senator Lewis of the 20th District asked unanimous consent that House Bill No. 18 2, a bill to license motor vehicles, be made a special and continuing order under the head of Unfinished Business Thursday. The Chair ruled that the motion should be referred to the Committee on Rules.
Senator Howard of the 24th District asked unanimous consent that Senate Bill No. 24, a bill of which he is the author, to amend the Act to reorganize and reconstitute the State Highway Department, be withdrawn from the committee, read the second time and recommitted, and the consent was granted and the bill was read the second time.
Senator Lewis of the 20th District asked unanimous consent to introduce the following bill at this time, and the consent was granted and the bill was read and referred to the Committee on Special Judiciary.
By Senator Lewis of the 20th District-
Senate Bill No. 141. A bill to repeal an Act to create the City Court of Sparta.
The Chairman of Uniform Laws Committee of the American Legislators' Association announced Senator Fetzer of the 1st District as its delegate to the Conference of Legislators to be held in Washington, D. C., February 3rd and 4th, appointed under authority of Senate Resolution No. 41.
The following invitation from Senator Edmondson of the 42nd District, on behalf of the Commissioners of Chattooga County and the Mayor of Summerville, was received and accepted:
ATLANTA, GA., February 1, 1933.
To the Members of the Senate Committee on Game and Fish:
On behalf of the County Commissioners of Chattooga

WEDNESDAY, FEBRUARY 1, 1933.

245

County and the Mayor and Board of Aldermen of Summerville, I have the honor to extend to you a cordial invitation to visit the State Fish Hatchery, near Summerville, on next Sunday, February 5th.

Automobile transportation will be furnished and all Senators who desire to make this trip are requested to meet me in the lobby of the Piedmont Hotel at eight o'clock Sunday morning.
The trip will include an inspection of the State Fish Hatchery and an automobile ride to the top of Lookout Mountain, just a few miles from the hatchery. The Summerville Game and Forestry Club will serve a picnic dinner to the visitors at their Club House near the hatchery.
While this invitation is extended especially to the members of the Committee on Game and Fish, it is open to all Senators and any committee member is welcome to bring any Senator who does not happen to be a member of the committee.
Please try to notify me not later than tomorrow (Thursday) at noon if you can accept this invitation.
Sincerely,
B. H. EDMONDSON,
Senator, 42nd District.

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

By Mr. Hartsfield of Fulton-
House Bill No. 41. A bill to be entitled an Act to amend an Act establishing a new charter for the city of Atlanta approved February 28, 1874, and for other purposes.
Referred to the Committee on Municipal Government.

246

JoURNAL OF THE SENATE,

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 15 6. A bill to be entitled an Act to alter, amend and revise the several laws relating to the City Court of Savanna~, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 15 7. A bill to repeal Section 913 of the Code of Georgia which provides for the time of election of certain city officers in cities of a certain population, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Myrick. Alexander and Kennedy of Chatham-
House Bill No. 15 8. A bill to amend an Act, by providing that the salaries of certain officers in counties of a certain population shall be fixed by the County Commissioners, and for other purposes.
Referred to Committee on County and County Matters.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 159. A bill to amend Section 862 of the Code of Georgia of 1910, by providing for an appeal from the decision of the Board of Tax Assessors in counties having a certain population, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 204. A bill to repeal certain Acts applicable to counties having a certain population which fix the salaries of Jailers and Jail Employees, and for other purposes.
Referred to Committee on Counties and County Matters.

WEDNESDAY, FEBRUARY 1, 1933.

247

By Messrs. Myrick, Alexander and Kennedy of Chatham-

House Bill No. 205. A bill to repeal certain Acts fixing the salaries of Deputy Sheriffs and Bailiffs of Superior and City Courts in certain counties of the State having a certain population and for other purposes.
Referred to Committee on Counties and County Matters;

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 206. A bill to repeal certain Acts in reference to the salaries of two Special Bailiffs, in counties of a certain population, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 207. A bill to provide that in all counties having a certain population, that the salaries of certain County Officers shall be fixed by the County Commissioners, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 208. A bill to amend an Act to abolish the fee system in the Eastern Judicial Circuit, as applied to the office of Solicitor General, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Johnson of Upson-
House Bill No. 244. A bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Thomaston, and for other purposes.
Referred to Committee on Municipal Government.

248

JoURNAL OF THE SENATE,

By Mr. Daughtry of Wilkinson-
House Bill No. 282. A bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenue for Wilkinson County, Georgia, and for other purposes .
. Referred to Committee on Counties and County Matters.

By Mr. Barker of Heard-
House Bill No. 308. A bill to be entitled an Act to reduce the official bond of the Sheriff of Heard County to $3,000.00, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Burson of Barrow-
House Bill No. 318. A bill to abolish the offices of Tax Receiver and Tax Collector of Barrow County, Georgia; to create the office of Tax Commissioner of Barrow County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Kennedy of Chatham-
House Bill No. 184. A bill to amend the several Acts relating to the Board of Public Education of the City of Savannah and County of Chatham, and for other purposes.
Referred to Committee on Education and Public Schools.
The following priviledged resolutions were read and adopted:

By Senator Hutcheson of the 44th District-
A resolution extending the privileges of the floor to the Hon. Joe Wyatt of 'Valker County.

WEDNESDAY, FEBRGARY 1, 1933.

249

By Senator Weaver of the 25th DistrictA resolution extending the privileges of the floor to the
Han. J. 0. McGee of Talbot County.

By Senator Fetzer of the 18th DistrictA resolution extending the privileges of the floor to the
Han. J. D. Dukes of the 1st District of Georgia.

By Senator Baggett of the 51st District-
A resolution extending the privileges of the floor to the Han. Pemberton Coaly of Gwinnett County.

By Senator Carithers of the 27th District-
A resolution extending the privileges of the floor to the Han. Clifford Pratt of Barrow County.

The regular hour for adjourning having arrived, the President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

250

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.

THURSDAY, FEBRUARY 2, 1933.

The Senate met, pursuant to adjournment, at ten 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 :

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer

Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.
Senator Knox of the 3rd District asked unanimous consent that Senate Resolution No. 27, a resolution requiring

THURSDAY, FEBRUARY 2, 1933.

251

Judges of State Courts to postpone trials of cases under foreclosure proceedings, be withdrawn from the Committee on Agriculture and recommitted to the Committee on General Judiciary No. 1, and the consent was granted.

The following resolution of the Senate was read and adopted:

By Senator Weaver of the 25th District-
Senate Resolution No. 48. A resolution recommending to President-elect Franklin Delano Roosevelt the appointment of the Honorable Jesse Isidor Straus as Secretary of Commerce of the United States.

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

By Senators Rivers of the 15th District, Dorminy of the 45th District, Dean of the 11th District, Cail of the 17th District, and Morris of the 5th District-
Senate Bill No. 142. A bill to amend the Acts establishing a Board of Medical Examiners; to establish a Board of Medical Examiners.
Referred to Committee on State of the Republic.

By Senators Culpepper of the 36th District, and Key of the 28th District-
Senate Bill No. 143. A bill to amend the Act creating the Department of Archives and History.
Referred to Committee on General Judiciary No. 1.

Mr. Culpepper of the 36th District, Chairman of the Committee on Highways, submitted the following report:

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jOURNAL OF THE SENATE,

Mr. President:
Your Committee on Highways have had under consideration Senate Bills Nos. 67 and 24 and have instructed me as Chairman to report the same back to the Senate with recommendations as follows:
Senate Bill No. 67 do pass by substitute.
Senate Bill No. 24 do pass.
N. F. CuLPEPPER, Chairman.
W. H. KEY, Secretary.

Mr. Howard of the 2nd District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government have had under consideration the following bills of the House and have instructed me as Chairman to report the same back to the Senate with the recommendation that:
House Bill No. 29, by Griffin and Simmons of Decatur, do pass:
House Bill No. 26, by Dyer and Arnall of Coweta, do pass.
House Bill No. 31, by Griffin and Simmons of Decatur, do pass.
House Bill No. 58, by Bush of Miller, do pass.
House Bill No. 88, by Arnall and Dyer of Coweta, do pass.
House Bill No. 243, by Peters and Hill of Meriwether, do pass.
House Bill No. 200, by Martin of Jeff Davis, do pass.

THURSDAY, FEBRUARY 2, 1933.

253

Mr. Colson of the 4th District, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. President:

Your Committee on Game and Fish have had under consideration the following bills of the Senate and have instructed me as Chairman to report the same back to the Senate with the recommendation that the same do not pass:

Senate Bill No. 89.

Senate Bill No. 90.

This February 2, 1933.

J. T. COLSON,
Chairman, Game and Fish.

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 Senate, to-wit:

By Mr. Key of the 28th-
Senate Resolution No. 45. To invite Dr. Chas. H. Herty to address the General Assembly in joint session.

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:

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}OURNAL OF THE SENATE,

By Messrs. Hartsfield, Still and Eckford of Fulton-
House Bill No. 163. A bill to amend the charter of the City of Mountain Park, and for other purposes.

By Messrs. Epting and vVood of Clarke-
House Bill No. 225. A bill to abolish the office of County Treasurer of Clarke County, Georgia, and for other purposes.

By Mr. Daughtry of Wilkinson-
House Bill No. 273. A bill to create a Board of Commissioners of Roads and Revenues of Wilkinson County, Georgia, and for other purposes.

By Messrs. Park and Sutton of Colquitt-
House Bill No. 283. A bill to abolish the offices of Tax Receiver and Tax Collector of Colquitt County, Georgia, and for other purposes.

By Mr. Kelly of Elbert-
House Bill No. 311. A bill to amend an Act incorporating the City of Elberton, approved December 19, 1896, and the several Acts Amendatory thereof, and for other purposes.

The following report of the Committee on Rules was read and adopted:

Mr. President:
Your Committee on Rules has had under consideration the following resolution of the Senate, to-wit, Senate Resolution by Mr. Lewis of the 20th: A resolution providing that House Bill No. 182, known as the License Tag Bill, be set as a special and continuing order for Thursday, Feb-

THURSDAY, FEBRUARY 2, 1933.

255

ruary 2, 1933, immediately after the period of unanimous consents, and have instructed me as Chairman to report the same back to the Senate with the recommendation that same be adopted and that the bill referred to be made a special and continuing order for Thursday, February 2, 1933, in accordance with the provisions of the resolution.
Respectfully submitted,
GEO. W. FETZER, Vice-Chairman.
W. M. LESTER, Secretary.
Adopted February 2, 1933.

The following bills of the House, favorably ,reported by committees, were read the second time:
By Messrs. Dyer and Arnall of Coweta-
House Bill No. 26. A bill to be entitled an Act to amend an Act to create a new charter for the City of Newnan, and for other purposes.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 29. A bill to amend an Act providing for the establishment of public schools in Bainbridge, and for other purposes.
By Messrs. Griffin and Simmons of Decatur-
House Bill No. 31. A bill to be entitled an Act to amend Section 3 of the Charter of the City of Bainbridge, as amended, by increasing the city limits, and for other purposes.
By Mr. Bush of Miller-
House Bill No. 58. A bill to be entitled an Act to repeal an Act entitled an Act to amend, consolidate and supersede the seven~l Acts incorporating the City of Colquitt, and for other purposes.

256

}OURNAL OF THE SENATE,

By Messrs. Arnall and Dyer of Coweta-
House Bill No. 88. A bill to be entitled an Act to amend an Act entitled an Act to create a new Charter for the City of Newnan, and for other purposes.

By Mr. Martin of Jeff Davis-
House Bill No. 200. A bill to be entitled an Act to amend the Charter of the City of Hazlehurst so as to authorize said municipality to create a special indebtedness, and for other purposes.

By Messrs. Peters and Hill of Meriwether-
Hause Bill No. 243. A bill to be entitled an Act to amend an Act incorporating the City of Manchester, approved August 16, 1909, and for other purposes.
The following bill of the Senate was introduced, read the first time and referred to the Committee on Amendments to the Constitution:

By Senators McWhorter of the 50th District, Knox of the 3rd District, and Pottle of the 1Oth District-
Senate Bill No. 144. A bill to amend Article 6, Section 16, Paragraph 6, of the Constitution relative to damages to persons or property by motor vehicles.

The following bill of the Senate, favorably reported by the committee, was read the second time:
By Senator Morris of the 39th District-
Senate Bill No. 67. A bill to enable the State Highway Department to carry out the provisions of the Act of
August 25, 1931.

THURSDAY, FEBRUARY 2, 1933.

251

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

By Senator Sims of the 35th District-
Senate Bill No. 13. A bill to provide for the election of Judges of Municipal Courts in cities of 200,000 population or more.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On passage of the bill the ayes were 31, nays 0.

The bill having received the requisite Constitutional ma-

jority, was passed.



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

By Messrs. Hartsfield, Still and Eckford of Fulton-
House Bill No. 163. A bill to amend the charter of the City of Mountain Park, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Epting and Wood of Clarke-
House Bill No. 225. A bill to abolish the office of
County Treasurer of Clarke County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Daughtry of Wilkinson-
House Bill No. 273. A bill to create a Board of Commissioners of Roads and Revenues of Wilkinson County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

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jOURNAL OF THE SENATE,

By Messrs. Park and Sutton of Colquitt-
House Bill No. 283. A bill to abolish the offices of Tax Receiver and Tax Collector of Colquitt County, Georgia, and for other purposes.
Referred to Committee on Counties. and County Matters.

By Mr. Kelly of Elbert-
House Bill No. 311. A bill to amend an Act incorporating the City of Elberton, approved December 19, 1896, and the several Acts amendatory thereof, and for other purposes.
Referred to Committee on Municipal Government.

Senator Campbell of the 34th District asked unanimous consent to introduce at this time the following resolution of the Senate, and the consent was granted and the resolution was read the first time and referred to the Committee on Amendments to the Constitution:

By Senators Moore of the 47th District and Campbell of the 34th District-
Senate Resolution No. 49. A resolution to amend Article 5, Section 1, Paragraph 2, of the Constitution, to fix the term of Governor at four years, and for other purposes.
The following bill of the House was read the third time and taken up for passage:

By Messrs. Scott of Thomas and Harris of Richmond-
House Bill No. 182. A bill to fix the license fees of motor vehicles operating on the highways of the State.
The committee offered the following amendment:
By striking the figures $3.00 in Section 1, Sub-paragraph (a), and inserting in lieu thereof the figures $2.00.

THURSDAY, FEBRUARY 2, 1933.

259

And further by striking the figures in Sub-paragraph (b) of said section the figures $2.00 and inserting in lieu thereof the figures $1.00.
Further by striking from Sub-paragraph ( c} of said paragraph the words and figures 2,800 lbs. wherever it appears therein and by striking from said paragraph the words "truck of one ton capacity," and inserting in lieu thereof "one and a half ton capacity,'' and by striking the figures $7.50 and inserting in lieu thereof the figures $3.00.
By further amending said paragraph by adding thereto the following: Dealers' tags for passenger automobiles and trucks up to one and one-half ton capacity, $3.00.
Senator Key of the 28th District moved to amend House Bill No. 18 2 by striking all of Section 1 thereof and inserting in lieu thereof a new section to be numbered Section 1 and to read as follows :
"Section 1. Be it enacted by, the General Assembly of the State of Georgia, that the Act known as the Georgia Motor Vehicle Law, approved November 30, 1915, as amended by an Act approved August 20, 1918, as amended by the Act approved August 16, 1919, and as amended by an Act approved August 15, 1921, and as amended by an Act approved August 23, 1927, be, and the same is, hereby amended by striking all of Section 4 of said Act as amended and inserting in lieu thereof a new section to be numbered Section 4, and to read as follows:
'Section 4. The annual fees for licensing of the operation of vehicles shall be as follows for each vehicle registered:

A. Motor Cycle _____________________ -----------------------------$ 2.5 0
B. Motor Cycle side car---------------------------------------- 1.50 C. Passenger-carrying motor vehicle twenty-five
( 25) cents per one hundred ( 100) pounds (or

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JOURNAL OF THE SENATE,

major fraction thereof), gross weight of vehide, minimum fee -----------------------------------------$
For each non-passenger-carrying motor vehicle or truck of one ton capacity or less ----------------------

5.63 7.50

For each non-passenger-carrying motor vehicle or truck of more than one and not exceeding one and one-half ton capacity -------------------------------- 11.25

For each non-passenger-carrying motor vehicle or truck of one and one-half tons and not exceeding two tons capacity -------------------------------------- 15.00

For each non-passenger-carrying motor vehicle or
truck of more than two tons and not exceeding two and one-half tons capacity ________________ 18.75

For each non-passenger-carrying motor vehicle or truck of more than two and one-half tons capacity and not exceeding three tons capacity____ 22.50

For each non-passenger-carrying motor vehicle or truck of more than three tons capacity and not exceeding three and one-half tons capacity______ 26.25

For each non-passenger-carrying motor vehicle or truck of more than three and one-half tons capacity and not exceeding four tons capacity____ 37.50

For eac.h non-passenger-carrying motor vehicle or truck of more than four tons capacity and not exceeding five tons capacity ---------------------------- 75.00

For each non-passenger-carrying motor vehicle or truck of more than five tons capacity and not exceeding six tons capacity ------------------------------ 187.50

For each non-passenger-carrying motor vehicle or
truck of more than six tons capacity and not exceeding seven tons capacity __________________________ 375.00

THURSDAY, FEBRUARY 2, 1933.

261

For each non-passenger-carrying motor vehicle or truck of more than seven tons capacity__________$5 62.50
H. Trailers (or semi-trailer) when equipped with pneumatic tires, fifty (.50) cents per one hundred ( 100) pounds (or major fraction thereof) gross weight of vehicle.
K. Trailer (or semi-trailer) when equipped with solid tires, seventy-five (. 75) cents per one hundred ( 100) pounds (or major fraction thereof), gross weight of vehicle.
L. Trailer (or semi-trailers) when equipped with metallic tires, one dollar ( $1.00) per hundred ( 100) pounds (or major fraction thereof), gross weight of vehicle.
T. Tractors when equipped with pneumatic tires__ 7.50
V. Tractors equipped with solid or metallic tires or treads --------------------------------------------------------- 15.00
Provided that tractors used exclusively for agricultural purposes shall not be required to register or to pay any fees.
Provided that hearses and ambulances shall pay the rates prescribed for passenger-carrying motor vehicles in Paragraph C.
And said Motor Vehicle Act, approved August 23, 1927, is amended by striking the word "February," in the third section of the Act approved August 23, 1927, occurring in the first and fourth paragraph of said section and substituting therefor the word "March," so that the requirement for registering and obtaining licenses as in said section provided shall, as amended, be required to be done on or before the first day of March instead of the first day of February.
The fees hereinabove prescribed for the registration of

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JoURNAL OF THE SENATE,

motor vehicles shall be paid for all or any part of the year for which such vehicle is registered, and that there shall be no deduction on account of such vehicle being registered later than June 30 of any year, or later than September 30 of any year.'"
Amend the caption of said bill by adding after the word "March," in the last line thereof, the following:
"To provide that no reduction shall be allowed where vehicles are registered for a part of any year."

Senator Boykin of the 29th District offered the following amendment:
Senator Boykin moves to amend House Bill No. 182 by striking out the words and figures "2800" wherever they appear and substituting the words and figures "3000."

The committee offered the following amendment to the committee amendment:

By striking from Section 1, Sub-paragraph A of said bill, after the words "motor cycles" the figures "$3.00," and inserting in lieu thereof the figures $2.00.
Further, by striking from said section and Sub-paragraph B thereof, after the word "car," the figures "$2.00," and inserting in lieu thereof the figures $1.00.
By striking all of Sub-paragraph C of said section after the word "vehicles" in the first line thereof, except the figures $3.00.
Further, by striking from said paragraph the words "One Ton," and inserting in lieu thereof "one and one-half ton," and by striking the figures $7.50 and inserting in lieu thereof the figures $3.00.
Further, by adding to said Sub-paragraph C, Section 1, the following: All dealers' license for passenger-carrying

THURSDAY, FEBRUARY 2, '1933.

263

motor vehicles the sum of $3.00, and all dealers' license tags for motor trucks up to one and one-half ton capacity, $3.00.

Senator Lewis of the 20th District moved that the Senate adjourn, and the motion prevailed, and House Bill No. 182 went over to period of Un'finished Business, tomorrow.

The committee appointed under Senate Resolution No. 37, to invite President-elect Roosevelt to address the General Assembly, reported that he would be unable to accept the invitation.

Captain Irving L. Daniels, construction engineer in charge of building the new Post Office, at Atlanta, invited the officers and members of the Senate to attend the laying of the cornerstone Saturday morning, the eleventh instant, at ten o'clock, and the invitation was accepted.

Mr. Cullen B. Gosnell, of Emory University, extended

an invitation to the Senate to attend the sessions of the

Institute of Citizenship and Georgia Press Association,

February 7-11, at the University, and the invitation was

accepted.



The Honorable Newton D. Baker, Chairman of the N ationa! Citizens Committee, communicated to the Senate a memorandum on the State Relief Association, and the communication was referred to the Committee on the State of the Republic.

The President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

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JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA. FRIDAY, FEBRUARy 3, 1933.

The Senate met, pursuant to adjournment, at ten 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:

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson

Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with.
Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

FRIDAY, FEBRUARY 3, 1933.

265

Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following bill of the House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 39. By Mr. Burton of Franklin.
Mr. John Lewis of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report :

Mr. President: Your Committee on General Judiciary No. 1 have had
under consideration the following, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 143. Senate Bill No. 132 (as amended). Senate Bill No. 28. Senate Bill No. 61. Senate Bill No. 63.
T. W. OLIVER, of the 48th District, Secretary.

Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back

266

}OURNAL OF THE SENATE,

to the Senate with the recommendation that the same do pass:

House Bill No. 126.

Senate Bill No. 141.

House Bill No. 64.

House Bill No. 144.

House Bill No. 89.

House Bill No. 81.

House Bill No. 48.

House Bill No. 24.

SISK, Chairman.

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

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

By Mr. Hartsfield of Fulton-
House Bill No. 42. A bill to amend Article 3, Section 2, Paragraph 1 of the Constitution of the State of Georgra.
By Mr. Watkins of Oglethorpe-
House Bill No. 104. A bill to repeal an Act to establish the City Court of Lexington in and for the County of Oglethorpe, and for other purposes.

By Messrs. Defore, Gillen and Park of BibbHouse Bill No. 128. A bill to merge the governments

FRIDAY, FEBRUARY 3, 1933.

267

of the City of Macon and Bibb County, and for other purposes.

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 147. A bill to consolidate and combine the governmental functions and powers now vested in and exercised by the City of Albany and the authorities thereof, and for other purposes.

By Messrs. Epting and Wood of Clarke-
House Bill No. 226. A bill to abolish and consolidate the offices of Tax Collector and Tax Receiver, and to create the office of County Tax Commissioner of Clarke County, Georgia, and for other purposes.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 284. A bill to be entitled an Act to create the offices of County Tax Commissioner and Assistant County Tax Commissioner of Colquitt County, Georgia,' and for other purposes.

By Messrs. Allen and Manning of Cobb-
House Bill No. 285. A bill to consolidate the offices of Tax Receiver and Tax Collector of Cobb 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 bills of the House, to-wit:

By Messrs. Allen and Manning of CobbHouse Bill No. 286. A bill to consolidate the office of

268

JoURNAL OF THE SENATE,

County Treasurer in and for the County of Cobb, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 347. A bill to amend an Act approved August 3, 1927, appearing on pages 1283 to 1537 of the published Acts of the General Assembly of Georgia of 1927, creating a new charter for the City of Macon, 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 reqmsite Constitutional majority the following resolutions of the House, to-wit:

By Messrs. Lane of Jenkins and Pope of Tombs-
House Resolution No. 86. A resolution recommending that the State Highway Board enter into road contracts with the various counties of the State for the construction of State-aid roads with convict forces.

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 resolution of the House, to-wit:

By Messrs. Harris of Richmond, Arnall of Coweta and Daughtry of Wilkipson-
House Resolution No. 89. A resolution that a committee of three be appointed by the Speaker to confer with a similar committee of two from the Senate to investigate

FRIDAY, FEBRUARY 3, 1933.

269

the practicability of the General Assembly attending the inaugural ceremonies at Washington and participate in same, and to report back to this body at their earliest convemence.
The following bills of the Senate were introduced, read the first time and referred to committees:

By Senator Nelson of the 6th District-
Senate Bill No. 145. A bill to amend Section 1089 of the Code of Georgia, providing where persons are specifically taxed for keeping a billiard or pool table, bagatelle or ten pin alley, they need not give in the values thereof for taxation.
Referred to Committee on Finance.

By Senator Nelson of the 6th District-
Senate Bill No. 146. A bill to amend an Act defining Motor Common Carrier Act.
Referred to Committee on Motor Vehicles.

By Senator Paschall of the 43rd District-
Senate Bill No. 147. A bill to amend an Act to regulate the amounts deposited in the State depositories by the Treasurer of the State.
Referred to Committee on General Judiciary No. 2.

By Senator Nelson of the 6th District-

Senate Bill No. 148. A bill to amend an Act relative to trial of civil and criminal cases in Superior Court terms held in Cook County, Georgia.
Referred to Committee on Special Judiciary.

270

JouRNAL OF THE SENATE,

By Senators Nelson of the 6th District and Lester of the 18th District-
Senate Bill No. 149. A bill to authorize municipalities of Georgia to contribute to a common fund to employ attorney or rate experts to represent such municipalities at rate hearings before Georgia Public Commissions.
Referred to Committee on Public Utilities.

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

By Senator Sims of the 35th District-
Senate Bill No. 28. A bill to provide for tax fi fas against a single owner instead of against several owners.

By Senators Pottle of -the lOth District, Sims of the 35th District, Sisk of the 30th District and Key of the 28th District-
Senate Bill No. 63. A bill to amend Section 4044 of the Civil Code of 1910, so that widows may encumber property set apart for year's support.

By Senators Key of the 28th District, Pottle of the lOth District, and Sims of the 35th District-
Senate Bill No. 61. A bill to amend Section 3929 of the Civil Code of 1910, as to descent to heirs.

By Senators Culpepper of the 36th District and Key of the 28th District-
Senate Bill No. 143. A bill to amend an Act creating the Department of Archives and History.

By Senator Sims of the 35th DistrictSenate Bill No. 132. A bill to make it a felony for a

FRIDAY, FEBRUARY 3, i 933.

271

white person and a person of color to have sexual intercourse.

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

By Mr. Lott of Coffee-
House Bill No. 24. A bill to fix the salary of the Judge of the City Court of Douglas, and for other purposes.

By Mr. Maxwell of Grady-
House Bill No. 48. A bill to amend the Act creating the City Court of Cairo, and amendments thereto, and for other purposes.

By Mr. Thrasher of Oconee-
House Bill No. 64. A bill to be entitled an Act to abolish the County Court of Oconee Co:unty, and for other purposes.

By Mr. Calhoun of Wilkes-
House Bill No. 81. A bill to repeal an Act entitled an Act to establish the City Court of Washington, to define powers and duties thereof, and for other purposes.

By Mr. Maxwell of Grady-
House Bill No. 89. A bill to abolish the Act creating the City of Whigam, and for other purposes.

By Messrs. Turner, Lindsey and Hudgins of DeKalb-
House Bill No. 126. A bill to amend an Act entitled an Act to create the City Court of Decatur; to define the jurisdiction thereof, and for other purposes.

272

JOURNAL OF THE SENATE,

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 144. A bill to amend an Act approved the 16th day of December, 1897, to establish the City Court of Albany, and all Acts amendatory thereof, by providing that all cases, civil and criminal, shall be tried by the Judge of said Court alone, and for other purposes.
By Mr. Burton of Franklin-
House Bill No. 39. A bill to fix the bond of the Sheriff of Franklin County.
The following joint resolution of the Senate was read and adopted :

By Senators Carithers of the 27th District, Lester of the 18th District, Colson of the 4th District, Pottle of the 1Oth District-
Senate Resolution No. 50. A resolution that a joint committee of five be appointed to consider the feasibility of the General Assembly attending the inauguration of President Franklin D. Roosevelt.
The following bill of the Senate, favorably reported by the committee, was read the second time:

By Senator Lewis of the 20th District-
Senate Bill No. 141. A bill to repeal an Act creating the City Court of Sparta.

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

By Messrs. Dyer and Arnall of Coweta-
House Bill No. 26. To amend an Act creating a new charter for the City of Newnan.

FRIDAY, FEBRUARY 3, 1933.

273

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Griffin and Simmons of Decatur-
House Bill No. 29. To amend an Act establishing public schools in the City of Bainbridge.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 38, nays 0.

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

By Messrs. Griffin and Simmons of Decatur-
House Bill No. 31. To amend Section 3 of the charter of the City of Bainbridge.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 37, nays 0.

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

By Mr. Bush of Miller-
House Bill No. 58. A bill to repeal the Acts incorporating the City of Colquitt.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 44, nays 0.

274

JoURNAL OF THE SENATE,

The bill having received the requisite Constitutional majority, was passed.
By Messrs. Arnall and Dyer of CowetaHouse Bill No. 88. A bill to amend an Act creating a
new charter for the City of Newnan. The report of the committee, which was favorable to the
passage of the bill, was agreed to. On the passage of the bill the ayes were 39, nays 0. The bill having received the requisite Constitutional ma-
jority, was passed.
By Messrs. Peters and Hill of MeriwetherHause Bill No. 243. A bill to amend an Act incorporat-
ing 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 43, nays 0. The bill having received the requisite Constitutional ma-
jority, was passed.
By Mr. Martin of Jeff DavisHouse Bill No. 200. A bill to amend the charter of the
City of Hazlehurst. The report of the committee, which was favorable to the
passage of the bill, was agreed to. On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite Constitutional majority, was passed.
Senator Tuten of the 46th District asked unanimous con-

FRIDAY, FEBRUARY 3, 1933.

275

sent that House Bill No. 199, a bill to amend the Act creating the City Court of Blackshear, be withdrawn from the Committee on Special Judiciary and recommitted to the Committee on General Judiciary No. 1, and the consent was granted.

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

By Mr. Hartsfield of Fulton-
House Bill No. 42. A bill to amend Article 3, Section 2, Paragraph 1 of the Constitution of the State of Georgia.
Referred to Committee on Amendments to the Constitution.

By Mr. Watkins of Oglethorpe-
House Bill No. 104. A bill to repeal an Act to establish the City Court of Lexington, in and for the County of Oglethorpe, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Defore, Gillen and Park of Bibb-
House Bill No. 128. A bill to merge the governments of the City of Macon and Bibb County, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 147. A bill to consolidate and combine the governmental functions and powers now vested in and exercised by the City of Albany and the authorities thereof, and for other purposes.
Referred to Committee on Municipal Government.

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}OURNAL OF THE SENATE,

By Messrs. Epting and Wood of Clarke-
House Bill No. 226. A bill to abolish and consolidate the offices of Tax Collector and Tax Receiver, and to create the office of County Tax Commissioner of Clarke County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 284. A bill to be entitled an Act to create the offices of County Tax Commissioner and Assistant County Tax Commissioner of Colquitt County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Allen and Manning of Cobb-
House Bill No. 285. A bill to consolidate the offices of Tax Receiver and Tax Collector of Cobb County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Allen and Manning of Cobb-
House Bill No. 286. A bill to consolidate the office of County Treasurer in and for the County of Cobb, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 347. A bill to amend an Act approved August 3, 1927, appearing on pages 1283 to 1537 of the published Acts of the General Assembly of Georgia of 1927, creating a new charter for the City of Macon, and for other purposes.

FRIDAY, FEBRUARY 3, 1933.

277

Referred to Committee on Municipal Government.
The following privileged resolution was read and adopted:

By Senator Lewis of the 20th District-
A resolution extending the privileges of the floor to the Honorable W. H. Burwell, former Speaker of the House of Representatives.
The following bill of the House, continued from yesterday's session, was taken up:

By Messrs. Scott of Thomas and Harris of Richmond-
House Bill No. 182. A bill to fix the license fees of motor vehicles operating on the highways of the State.
Senator Hutcheson of the 44th District offered the following amendment to the committee amendment:
Senator Hutcheson moved to amend the committee amendment by striking the words and figures "$3.00," and inserting the word and figures "$1.00 (one dollar)" for the tag of all motor vehicles in Georgia.
Senators Howard of the 2nd District, Rivers of the 15th District, Hutcheson of the 44th District, moved to amend Key Amendment, Section 4, by striking Sub-section c, beginning with "For each non-passenger-carrying motor vehicle of one and one-half tons and not exceeding two tons capacity, fifteen dollars," through Section "L," of said Section "Four."
Senator Lovett of the 16th District offered the following amendment to House Bill No. 182:
House Bill No. 182 is hereby amended by striking therefrom in Section One ( 1) of said bill all of sub-section

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marked (c) and inserting in lieu thereof a section to be known as Section (c), the following:
The cost for tags for passenger-carrying vehicles of gross weight not exceeding twenty-six hundred ( 2600) pou!lds shall be the sum of Three ( $3.00) Dollars each.
The cost for tags for passenger-carrying vehicles exceeding in gross weight twenty-six hundred ( 2600) pounds and not exceeding three thousand ( 3000) pounds shall be the sum of Five ($5.00) Dollars each.
The cost for tags for passenger-carrying vehicles exceeding in gross weight three thousand ( 3000) pounds shall be the sum of Five ($5.00) Dollars, and in addition thereto twenty-five cents per hundred weight, or major fractional part thereof, for weight of such cars in excess of three thousand pounds-that is to say, tags for such cars shall cost Five ($5.00) Dollars each, plus twenty-five cents per hundred pounds or major fractional part thereof in excess of three thousand ( 3000) pounds.
Said Section one ( 1) is further amended by striking therefrom the following language, to-wit:
For each non-passenger-carrying vehicle or truck of one ton capacity or less, $7 .50, and inserting in lieu thereof the following:
The cost for tags for e~ch non-passenger-carrying motor vehicle or truck of one and one-half ton capacity, or less, shall be $7.50 each.
Senator Key of the 28th District asked unanimous consent to withdraw his amendment offered yesterday to House Bill No. 182, and the consent was granted.
Senators Key of the 28th District and Lovett of the 16th District offered the following substitute to House Bill No. 182, and all amendments:

FRIDAY, FEBRUARY 3, 1933.

279

A BILL

To be entitled an Act to amend an Act to amend an Act known as the "Georgia Motor Vehicle Laws," approved November 30, 1915, and as amended by an Act approved August 20, 1918, and as amended by an Act approved August 16, 1919, and as amended by an Act approved August 15, 1921; and as amended by an Act approved August 23, 1927; to provide for a Commissioner of Vehicles; to define terms used; to provide for registration of motor vehicles, tractors, trailers, dealers and manufacturers of motor vehicles, and chauffeurs, and to provide fees for said registration; to describe number. plates and provide for fastening them on certain vehicles; to provide for the regulation of lights and brakes to be used; to regulate the use of highways by vehicles registered in another State; to provide traffic regulations; to regulate the size, weight and type of wheels of certain vehicles; to provide for regulation of motor vehicles by municipalities; to provide for the expense of registration and the disbursement of fees received; to prescribe duty and salary of registration clerk and salary of Commissioner of Vehicles; to prohibit throwing certain things on the highways; to provide for the enforcement and penalties for violation of this Act; and to repeal all laws and parts of laws in conflict with this Act," by striking all of Section 4 of said Act as amended and inserting in lieu thereof a new section to be numbered Section 4, reducing the rate of fees by one-half, and to provide that no reduction shall be allowed where vehicles are registered for a part of any year, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Act known as the Georgia Motor Vehicle Law, approved November 30, 1915, as amended by an Act approved August 20, 1918, as amended by an Act approved August 16, 1919, and as amended by an Act approved August 15, 1921, and as amended by an Act ap-

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proved August 23, 1927, be, and the same is, hereby amended by striking all of Section 4 of said Act, as amended and inserting in lieu thereof a new section to be numbered Section Four, and to read as follows:

Section 4. The annual fees for licensing of the operation of vehicles shall be as follows for each vehicle registered:

A. Motor Cycle __ ----------------------------------------------$ B. Motor Cycle side car ------------------------------------

2. 50 1.50

C. Passenger-carrying motor vehicles, twenty-

five ( 25) cents per hundred ( 100) pounds

(or major fraction thereof), gross weight of

vehicle, minimum fee ----------------------------------

5.63

For each non-passenger-carrying motor vehicle or

truck of one and one-half ton capacity or

1ess _______________________________________________:________________

7.50

For each non-passenger-carrying motor vehicle or truck of one and one-half tons and not exceeding two tons capacity ------------------------------

30.00

For each non-passenger-carrying motor vehicle or
truck of more than two tons and not exceeding two and one-half ton capacity________________

37.50

For each non-passenger-carrying motor vehicle or truck of more than two and one-half tons capacity and not exceeding three tons capacity _-----------------------------------------------------------

45.00

For each non-passenger-carrying motor vehicle or truck of more than three tons capacity and not exceeding three and one-half tons capacity _________________-------------------------------------------

52.50

For each non-passenger-carrying motor vehicle or truck of more than three and one-half tons capacity and not exceeding four tons capacity __________________-------------------__---------------------

75.00

FRIDAY, FEBRUARY 3, 1933.

281

For each non-passenger-carrying motor vehicle or truck of more than four tons capacity and not exceeding five tons capacity --------------------------
For each non-passenger-carrying motor vehicle or truck of more than five tons capacity and not exceeding six tons capacity ____________________

15 0.00 3 7 5.00

For each non-passenger-carrying motor vehicle or truck of more than six tons capacity and not exceeding seven tons capacity ________________

7 50 . 0 0

For each non-passenger-carrying motor vehicle or truck of more than seven tons capacity______ 1,125.00

(H) Trailers (or semi-trailers) when equipped with pneumatic tires, One ($1.00) Dollar per one hundred (100) pounds (or major fraction thereof) gross weight of vehicle.

( K) Trailer (or semi-trailer) when equipped with solid tires, One Dollar Fifty ($1.50) Cents per one hundred ( 100) pounds (or major fraction thereof) gross weight of vehicle.

( L) Trailers (or semi-trailers) when equipped with metallic tires, Two ($2.00) Dollars per hundred pounds (or major fraction thereof) gross weight of vehicle.

T. Tractors when equipped with pneumatic tires ______ --------------------------------------------------------$
V. Tractors equipped with solid or metallic tires or treads ________ ----------------------------------------------

15.00 3 0.00

Provided that tractors used exclusively for agricultural purposes shall not be required to register or to pay any fees.

Provided that hearses and ambulances shall pay the rates prescribed for passenger-carrying motor vehicles in Paragraph C.

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Provided further that the fees hereinabove prescribed for the registration of motor vehicles shall be paid for aU or any part of the year for which such vehicle is registered, and that there shall be no deduction on account of such vehicle being registered later than June 30 of any year, or later than September 30 of any year.
Section 2. Be it further enacted by the authority aforesaid, That the provisions of this amendment shall apply to the license tags to be issued and sold for the year 1933, and following years; provided, however, that licenses heretofore issued for the year 1932 shall be valid until March 1, 1933, and the same are hereby extended to said date, and the license tags heretofore issued for 1932 shall be recognized and given full force and effect until March 1, 1933.
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.
Senator Lewis of the 20th District asked unanimous consent that the substitute be adopted. There was objection.
Senator Terrell of the 37th District called for the previous question on the bill and all amendments.
Senator Culpepper of the 36th District offered the following amendment to the committee amendment:
Senator Culpepper of the 36th District move'd to amend committee amendment to House Bill No. 182, as follows:
The committee amendment to House Bill No. 182 is hereby amended by striking all of same and inserting in lieu thereof the following:
The cost of tags for passenger-carrying vehicles of gross weight not exceeding twenty-six hundred pounds shall be the sum of Three ($3.00) Dollars each.
The cost for tags for passenger-carrying vehicles ex-

FRIDAY, FEBRUARY 3, 1933.

283

ceeding twenty~six hundred pounds in gross weight shall be the sum of Three ($3.00) Dollars, and in addition thereto twenty-five cents per hundred weight, or major fractional part thereof, for weight of said cars in excess of twenty-six hundred pounds; that is to say, tags for such cars shall cost Three ($3.00) Dollars each plus twenty-five cents per hundred pounds or major fractional part thereof in excess of twenty-six hundred pounds.

The cost for tags for each non-passenger-carrying motor vehicle or truck of one and one-half ton capacity, or less, shall be the sum of $7.50 each.
The question was on the call for the previous question, and the call was sustained.
By unanimous consent, the following minority report was read:
MINORITY REPORT
On House Bill No. 182.
Mr. President:
We, the undersigned members of this Committee on Motor Vehicles, do hereby submit a minority report, and for the grounds thereof say:
"That the bill as reported is unfair or inequitable to owners and operators of motor vehicles; that loss of revenue to maintenance will increase cost of operation of all motor vehicles; that the amount fixed is in excess of cost by threefold necessary for identification and other grounds."
Respectfully submitt~d,
H. Vv. NELsoN of the 6th.
J. R. POTTLE of the 1Oth. NATHAN F. CULPEPPER of the 36th. JAMES H. BOYKIN of the 29th. JAMES T. CoLSON of the 4th.

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Senator Andrews of the 23rd District asked unanimous consent to offer an amendment at this time. There was objection.

Senator Rivers of the 15th District asked unanimous consent to offer an amendment at this time. There was objection.

Senator Lester of the 18th District asked unanimous consent that when the Senate adjourns today it stand adjourned until eleven o'clock Monday morning, next, and the motion prevailed.

The main question was ordered and the motion prevailed.

The question was on the committee amendment to the committee amendment.

Senator Sisk of the 30th 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:

Campbell Dorminy Goldin Groover Jackson

Knox Lester Moore Sims Sisk

Terrell Turner Tuten Weaver

Those voting in the negative were:

Alston Andrews B3.ggett Boyd Boykin Cail Carithers Cason Cloud Colson Conner

Culpepper Dean Edmondson Fudge Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Key

Lewis Lovett Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sparks Tate

FRIDAY, FEBRUARY 3, 1933.

285

The roll call was verified.

The ayes were 14, nays 34.

The amendment was lost.

Not voting: Senators Fetzer of the 1st District, and Mallett of the 26th District.

The question was on the amendment to the committee amendment offered by Senator Hutcheson of the 44th District.

The call for the ayes and nays was sustained and the roll was called and the vote was as follows :

Those voting in the affirmative were:

Campbell Cason Hutcheson

Key Lester Nelson

Oliver Paschall Sims Turner

Those voting in the negative were:

Alston Andrews Baggett Boyd Boykin Cail Carithers Cloud Colson Conner Culpepper Dean

Dorminy Edmondson Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Knox Lewis

Lovett Moore Morris of the 39th Morris of the 5th Pottle Rivers Robertson Sisk Sparks Tate Terrell Tuten Weaver

The roll call was verified.

The ayes were 10, nays 37.

The amendment was lost.

Not voting: Senators Fetzer of the 1st District, Jackson of the 21st District, and Mallett of the 26th District.

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JOURNAL OF THE SENATE,

The question was on the amendment to the committee amendment offered by Senator Culpepper of the 36th District.

The amendment was lost.

The question was on the amendment offered by the committee.

Senator Knox of the 3rd 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:

Alston Baggett Campbell Dorminy Gordin

Groover Jackson Knox Lester Moore

Morris of the 39th Sims Sisk Terrell Tuten 'Veaver

Those voting in the negative were:

Andrews Boyd Boykin Cail Carithers Cason Cloud Colson Conner Culpepper

Dean Edmondson Fudge Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Key Lewis

Lovett Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sparks Tate Turner

The roll call was verified.

The ayes were 16, nays 32.

The amendment was lost.

Not voting: Senators Fetzer of the 1st District, and Mallett of the 26th District.

The question was on the amendment offered by Senator

FRIDAY, FEBRUARY 3, 1933.

287

Boykin of the 29th District to House Bill No. 182. The amendment was lost.

The question was on the amendment offered by Senator Lovett of the 16th District to House Bill No. 18 2. The amendment was adopted.

The question was on the substitute offered by Senators Key of the 28th District and Lovett of the 16th District.

The call for the ayes and nays was sustained, and the roll was called; and the vote was as follows:

Those voting in the affirmative were:

Alston

Dean

Morris of the 39th

Andrews

Dorminy

Morris of the 5th

Baggett

Edmondson

Nelson

Boyd Boykin

Groover Haralson

Oliver Paschall

Cail Carithers

Howard of the 2nd Hubbard

Pottle Rivers

Cason

Hutcheson

Robertson

Cloud

Key

Sparks

Colson Conner

Lewis Lovett

Tate Turner

Weaver

Those voting in the negative were:

Campbell Culpepper Fudge Goldin

Hogg Howard of the 24th Jackson Knox Lester

Moore Sims Sisk Terrell Tuten

The roll call was verified.

The ayes were 34, nays 14.

The substitute was adopted.

Not voting: Senators Fetzer of the 1st District and Mallett of the 26th District.

The question was on the report of the committee, which was favorable to the passage of the bill by substitute.

288

jOURNAL OF THE SENATE,

Senator Key of the 28th District called for the ayes and nays and the call was sustained.

Senator Knox of the 3rd District asked unanimous consent that the substitute be read and the consent was granted and the substitute was read.

Senator Culpepper of the 36th District asked unanimous consent that the Senate reconsider its action in adopting the substitute. There was objection.

The question was on the passage of the bill by substitute.

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:

Alston Andrews Boyd Boykin Cail Carithers Cason Cloud Colson Dean Dorminy

Edmondson Groover Haralson Howard of the 2nd Hubbard Hutcheson Key Lewis Lovett Morris of the 39th Morris of the 5th

Nelson Oliver Paschall Pottle Rivers Robertson Sparks Tate Turner Weaver

Those voting in the negative were:

Baggett Campbell Conner Culpepper Fudge

Goldin Hogg Howard of the 24th J,ackson Knox

The roll call was verified.

Lester Moore Sims Sisk Terrell Tuten

The ayes were 32, nays 16.

Not voting: Senators Fetzer of the 1st District and Mallett of the 26th District.

FRIDAY, FEBRUARY 3, 1933.

289

The bill, by substitute, having received the requisite Constitutional majority, was passed.
By unanimous consent the bill was ordered transmitted to the House immediately.
Leave of absence for the 6th and 7th insts. was granted Senator Nelson of the 6th District.
A motion to adjourn prevailed and the President announced that the Senate stood adjourned until eleven o'clock Monday morning, next, under the motion adopted earlier in the session.

290

JoURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
MONDAY, FEBRUARY 6, 1933.
The Senate met, pursuant to adjournment, at eleven o'clock A. M., this day, and was called to order by the President.
Prayer was offered by the Reverend T. M. Luke, of the Christian Church.
By unanimous consent the calling of the roll was dispensed with.
Senator \Veaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of the preceding session of February 3rd and found it correct.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.
A communication from the Hon. Lindley W. Camp, Adjutant General, informing the Senate of the rates and arrangement of the special train to take the Governor and members of the General Assembly to Washington for the Inauguration of the President, was received and read.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Tuten of the 46th District-
Senate Bill No. 150. A bill to require insurers to examine property insured.
Referred to Committee on Insurance.

MONDAY, FEBRUARY 6, 1933.

291

By Senator Dean of the 11th District-
Senate Bill No. 151. A bill to furnish hog serum to farmers.
Ref.erred to Committee on Agriculture.

By Senator Morris of the 59th District-
Senate Bill No. 152. A bill to amend Section 1868 of the Civil Code, regarding weights.
Referred to Committee on General Judiciary No. 1.

By Senator Dean of the 11th District-
Senate Bill No. 15 3. A bill to levy a tax on the business of outdoor advertising, and for other purposes.
Referred to Committee on Highways.

By Senator Sisk of the 30th District-
Senate Bill No. 154. A bill to amend the Georgia Workman's Compensation Act.
Referred to Committee on Industrial Relations.

The following resolution of the Senate, favorably reported by the committee, was read the second time:
By Senator Sims of the 35th District-

Senate Resolution No. 46. A resolution to authorize the State Librarian to furnish a copy of the Code to J. M. Dodd, Justice of the Peace, Fulton County.
The following bill of the Senate was read the third time and put upon its passage:

By Senator Lewis of the 20th District-
Senate Bill No. 141. A bill to repeal an Act to create the City Court of Sparta.

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JouRNAL oF THE SENATE,

Senator Lewis of the 20th District asked unanimous consent that further action on the above bill, namely, Senate Bill No. 141, be postponed, and the consent was granted.

The following joint resolution of the Senate was read and ordered to lay on the table one day:

By Senator Jackson of the 21st District-
Senate Resolution No. 51. A resolution that a joint
committee be appointed to investigate the State Highway Department.
Mrs. Moore of the 47th District, Chairman of the Committee on Public Library, submitted the following report:
Mr. President:
Your Committee on Public Library have had under consideration the following resolution ( S. R. 46) and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
To authorize State Librarian to deliver copy of Code of 1910 to J. M. Dodd, Justice of Peace for the 1227th District, G. M., of Fulton County.
SENATOR MRs. SusiE T. MooRE,
Chairman.
Mr. Boykin of the 29th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. President:
Your Committee on Banks and Banking have had under
consideration the following Senate Bill No. 52, and have
instructed me as Chairman, to report the same back to the

MONDAY, FEBRUARY 6, 1933.

293

Senate with the recommendation that the same do pass by substitute:

Senate Bill No. 52. banks.

Providing for consolidation of
BOYKIN of the 29th, 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. Dyer and Arnall of Coweta-
House Bill No. 27. A bill to abolish the office of Tax Receiver and Tax Collector of Coweta County and creating the office of Tax Commissioner, and for other purposes.

By Mr. Duncan of Houston-
House Bill No. 35. A bill to amend "An Act to abolish
the fee system now existing in the Superior Courts of the Macon Judicial Circuit, as applied to the office of SolicitorGeneral of said Circuit, approved August 9, 1922," and for other purposes.

By Mr. Bush of Miller-
House Bill No. 57. A bill to amend an Act approved August 13, 1931, by providing that defendants in criminal cases within the jurisdiction of the City Court of Miller County shall have the right to demand indictments, and for other purposes.

294

JOURNAL OF THE SENATE,

By Messrs. Defore, Park and Gillen of Bibb-
House Bill No. 74. A bill to regulate the preparation and recording of maps or plats of survey of subdivision of tracts of land, and for other purposes.

By Mr. Barrett of White-
House Bill No. 80. A bill to repeal an Act providing for the holding of three terms each year of the Superior Court of White County, in Northeastern Judicial Circuit, and for other purposes.

By Mr. Moore of Haralson-
House Bill No. 113. A bill to repeal an Act of the General Assembly creating the April and October terms of the Superior Courts of Haralson 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 reqmsrte Constitutional majority the following bills of the House, to-wit:

By Messrs. Lindsey, Hudgins and Turner of DeKalb-
House Bill No. 125. A bill to authorize the Commissioner of Roads and Revenues, or other authority having charge of County matters in counties of certain population, to supplement the funds of the County Board of Education from any funds of the County Board of Education, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 160. A bill to alter, revise and amend the several Acts relating to and incorporating the Mayor

MONDAY, FEBRUARY 6, 1933.

295

and Aldermen of the City of Savannah, and for other purposes.

By Mr. Beasley of Tattnall-
House Bill No. 165. A bill to amend Section 1225 of the Civil Code of 1910, so as to provide that all conditions of said Section shall apply to counties in the State with a certain population, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 203. A bill to repeal certain Acts fixing the salary of the stenographic reporter in certain Judicial Circuits having a city therein with not less than 65,000 inhabitants, and for other purposes.

By Mr. Wood of Towns-
House Bill No. 209. A bill to provide that in certain counties of this State, County Superintendents shall be residents and reside in county-site of said county, and for other purposes.

By Messrs. Spivey and Rountree of Emanuel-
House Bill No. 214. A bill to reduce the salaries, fees and compensation of officers and employees of the City Court of Swainsboro, 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 of the House, to-wit:

By Mr. Gaskins of Berrien-
House Bill No. 252. A bill to provide for holding four terms a year of the Superior Court of Berrien County,

296

JoURNAL OF THE SENATE,

Georgia; to prescribe the duration of said terms; to designate the Spring and Fall terms, and for other purposes.

By Messrs. Still, Eckford and Hartsfield of Fulton-
House Bill No. 266. A bill to be entitled an Act under the provisions of Section 6534 of the Code of 1910, to supplement the salaries of the Judge of the Superior Court of Fulton County as paid by the State from the treasury of Fulton County, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 344. A bill to provide for fixing the salaries of all the officers of the Municipal Court of the City of Macon, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 345. A bill t;o provide for fixing the salaries of certain officers of the City of Macon, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 3 75. A bill to amend the several Acts relating to Juvenile Courts in Georgia, and for other purposes.

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

By Mr. Lott of Coffee-
House Bill No. 24. A bill to fix the salary of the Judge of 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 44, nays 0.

MONDAY, FEBRUARY 6, 1933.

297

The bill having received the requisite constitutional majority, was passed.

By Mr. Burton of Franklin-
House Bill No. 39. A bill to fix the bond of the Sheriff of Franklin County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, the nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Maxwell of GradyHouse Bill No. 48. A bill to amend the Act creating
the City Court of Cairo.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, the nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Thrasher of Oconee-
House Bill No. 64. A bill to abolish the City Court of Oconee County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, the nays 0.
The bill having received the requisite Constitutional majority, was passed.

298

JoURNAL OF THE SENATE,

By Mr. Calhoun of Wilkes-
House Bill No. 81. A bill to repeal an Act to establish the City Court of Washington.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, the nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Maxwell of Grady-
House Bill No. 89. A bill to abolish the Act creating the City Court of 'Vhigham.
The report 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. Turner, Lindsay and Hudgins of DeKalb-
House Bill No. 126. A bill to amend an Act to create the City Court of Decatur.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, the nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 144. A bill to amend an Act to establish the City Court of Albany.

MoNDAY, FEBRUARY 6, 1933.

299

The report 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 privileged resolutions were read and adopted:

By Senator Pottle of the 1Oth District-
A resolution ext~nding the privileges of the floor to Mrs. J. Render Terrell, Jr., of LaGrange, wife of the Senator from the 37th.

By Messrs. Knox of the 3rd District, Tuten of the 46th, and Lewis of the 20th District-
A resolution extending the privileges of the floor to Hon. W. Glenn Thomas, of Wayne County.
By Senator Boyd of the 33rd District-
A resolution extending the privileges of the floor to Hon. Hammond Johnson of Hall County.

By Messrs. Carithers of the 27th, and Knox of the 3rd District-
A resolution extending the privileges of the floor to Hon. S. H. Morgan, of Effingham County.

By Senator Morris of the 39th District-
A resolution extending the privileges of the floor to E. M. McCanless, of Cherokee County.
The following bills of the House were read the first time and referred to committees:

300

JOURNAL OF THE SENATE,

By Messrs. Dyer and Arnall of Coweta-
House Bill No. 27. A bill to abolish the offices of Tax Receiver and Tax Collector of Coweta County and creating the office of Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Duncan of Houston-
House Bill No. 35. A bill to amend "An Act to abolish the fee system now existing in the Superior Courts of the Macon Judicial Circuit, as applied to the office of SolicitorGeneral of said Circuit, approved August 9, 1922, and for other purposes."
Referred to Committee on Special Judiciary.

By Mr. Bush of Miller-
House Bill No. 57. A bill to amend an Act approved August 13, 1931, by providing that defendants in criminal cases within the jurisdiction of the City Court of Miller County shall have the right to demand indictments, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Defore, Park and Gillen of Bibb-
House Bill No. 74. A bill to regulate the preparation and recording of maps or plats of survey of subdivision of land, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Barrett of White-
House Bill No. 80. A bill to repeal an Act providing for the holding of three terms each year of the Superior Court of White County, in Northeastern Judicial Circuit, and for other purposes.

MoNDAY, FEBRUARY 6, 1933.

301

Referred to Committee on Special Judiciary.

By Mr. Moore of Haralson-
House Bill No. 113. A bill to repeal the Act of the General Assembly creating the April and October terms of the Superior Courts of Haralson County, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Lindsey, Hudgins and Turner of DeKalb-
House Bill No. 125. A bill to authorize the Commissioners of Roads and Revenues or other authority having charge of county matters in counties of certain population, to supplement the funds of the County Board of Education from the funds of the County Board of Education, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 160. A bill to alter revise and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Beasley of Tattnall-
House Bill No. 165. A bill to amend Section 1225 of the Civil Code of 1910, so as to provide that all conditions of said Section shall apply to counties in the State with a certain population, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Myrick, Alexander and KennedyHouse Bill No. 203. A bill to repeal certain Acts fix-

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JoURNAL OF THE SENATE,

ing the salary of the stenographic reporter in certain Judicial Circuits having a city therein with not less than 65,000 inhabitants, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. \Vood of Towns-
House Bill No. 209. A bill to provide that in certain counties of this State, County Superintendents shall be residents and reside in county-site of said county, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Spivey and Rountree of Emanuel-
House Bill No. 214. A bill to reduce the salaries, fees and compensation of officers and employees of the City Court of Swainsboro, and for other purposes.

Referred to Committee on Special Judiciary.
By Mr. Gaskins of Berrien-
House Bill No. 252. A bill to provide for holding four terms a year of the Superior Court of Berrien County, Georgia; to prescribe the duration of said terms; to designate the Spring and Fall terms, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Still, Eckford and Hartsfield of Fulton-
House Bill No. 266. A bill to be entitled an Act under the provisions of Section 65 34 of the Code of 1910, to supplement the salaries of the Judge of the Superior Court of Fulton County as paid by the State from the treasury of Fulton county, and for other purposes.
Referred to Committee on Special Judiciary.

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303

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 344. A bill to provide for fixing the salaries of all the officers of the Municipal Court of the City of Macon, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 345. A bill to provide for fixing the salaries of certain officers of the City of Macon, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 375. A bill to amend the several Acts relating to Juvenile Courts in Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 2.
The President announced the appointment of the following committee under Senate Resolution No. 50, a resolution that a joint committee be appointed to consider the feasibility of arrangements for attending the inauguration of President-elect Franklin D. Roosevelt: Senators Carithers of the 27th District, Pottle of the lOth District, Haralson of the 40th District, Lovett of the 16th District, and Hubbard of the 31st District.
Senator Campbell of the 34th District asked unanimous consent that Senate Bill No. 92, a bill by Senators Sims of the 35th District, and Pottle of the lOth District, regulating the size and length of motor vehicles, be withdrawn from the Committee on Highways and recommitted to the Committee on Motor Vehicles.
There was objection.

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jOURNAL OF THE SENATE,

Senator Campbell of the 34th District moved that Senate Bill No. 92 be withdrawn from the Committee on Highways and recommitted to the Committee on Motor Vehicles.
The motion was lost.

Senator Carithers of the 27th District asked unanimous consent that Senate Bill No. 93, a bill by Senators Sims of the 35th District and Pottle of the lOth District, regulating motor vehicles, be referred to the Committee on Highways.
The motion was denied, as the time for asking unanimous consent had expired.
The following resolution of the Senate was read and adopted:

By Senator Weaver of the 25th District-
Senate Resolution No. 52. A resolution that an invitation be extended to Dr. Willis A. Sutton, Chairman of the Executive Committee of the Bi-Centennial of Georgia, to address a joint meeting of the House and Senate on February 13th, at 12:30 o'clock, outlining the plans for the BiCentennial.
Senator Weaver of the 25th District asked unanimous consent that the resolution 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 Senator Sims of the 35th District-
Senate Bill No. 11. A bill to provide for bail in habeas corpus proceedings.
Senator Sims of the 35th District asked unanimous consent that the bill, namely, Senate Bill No. 11, be with-

MoNDAY, FEBRGARY 6, 1933.

305

drawn from the committee and recommitted to the Committee on General Judiciary No. 2, for the purpose of further consideration, and the consent was granted.

By Senator Howard of the 24th District-
Senate Bill No. 24. A bill to amend an Act to reorganize and reconstitute the State Highway Department.
Senator Key of the 28th District offered the following amendment:
To amend Senate Bill No. 24, Section 6, by adding the
following punctuation and words at the end of said section: The compensation for right of way shall in no event be greater than double the tax valuation of the land desired for right of way considering improvements sworn to by condemnee in the year such condemnation proceedings are filed.
The hour for adjourning having arrived, the President announced that Senate Bill No. 24 would go over to tomorrow's session as Unfinished Business.
The President announced that the Senate stood adjourned until Tuesday morning, next, at ten o'clock.

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jOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
TuESDAY, FEBRUARY 7, 1933.

The Senate met, pursuant to adjournment, at ten o'clock A. M., this day, and was called to order by the President.
Prayer was offered by the Reverend T. M. Luke, of the Christian Church.
The roll was called and the following Senators answered to their names :

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer

Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett :\loore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator Weaver of the 25th 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.
The Journal was confirmed.
The following bills of the Senate were introduced, read the first time and referred to committees:

TUESDAY, FEBRUARY 7, 1933.

307

By Senator Oliver of the 48th District-
Senate Bill No. 155. A bill to regulate the sale of narcotics.
Referred to Committee on General Judiciary No. 1.

By Senator Boykin of the 29th District-
Senate Bill No. 15 6. A bill to amend Paragraph 1, Section 1, Article 7, of the Constitution, so as to give pensions to widows of Confederate soldiers married before January, 1903.
Referred to Committee on Amendment to the Constitution.

By Senator Cail of the 17th District-
Senate Bill No. 157. A bill to determine the maximum salaries to be paid officials and employees 'of public utilities.
Referred to Committee on Public Utilities.

The following resolution of the Senate was read and adopted:

By Senators Lester of the 18th District and Sims of the 35th District-.
Senate Resolution No. 54. A resolution that the General Assembly favors the passage of a bill limiting the working hours of employees of factories, provided that the States of North Carolina, South Carolina, Florida and Alabama enact a similar bill.
The following resolutions of the Senate were introduced, read the first time and referred to committees: By Senator Hubbard of the 31st District-
Senate Resolution No. 53. A resolution authorizing the

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JouRNAL OF THE SENATE,

State Librarian to furnish a copy of the Code to the Ordinary of Habersham County.

By Senator Terrell of the 37th District-
Senate Resolution No. 55. A resolution authorizing the State Librarian to furnish a copy of the Code to H. G. Thompson, Justice of the Peace, Troup County.

By Senator Terrell of the 37th District-
Senate Resolution No. 56. A resolution authorizing the State Librarian to furnish a copy of the Code to R. J. Guinn, Justice of the Peace of the 655th Militia District.
The following resolution of the Senate was read and adopted:

By Senator Terrell of the 37th District-
Senate Resolution No. 57. A resolution expressing the thanks of the Senate to the Honorable Clifford L. Smith, of LaGrange, for writing a history of Troup County and requesting that he file a copy of his history with the State Librarian.
Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass by substitute, to-wit:
Senate Bill No. 16. A bill to amend Section 4424 of the Code of 1910, to provide for survivorship of suits by husband and children for death of wife and mother.

TUESDAY, FEBRUARY 7, 1933.

309

Mr. Rivers of the 15th District, Chairman of the Committee on County and County Matters, submitted the fol~
lowing report :

Mr. President:
Your Committee on County and County Matters have had under consideration the following bills of the House and have instructed me as Chairman to report the same back to the Senate:
House Bill No. 9, by Messrs. Defore, Parks and Gillen, of Bibb, do pass.
House Bill No. 44, by Mr. Mixon of Irwin, do pass.
House Bill No. 45, by Mr. Mixon of Irwin, do pass.
House Bill No. 63, by Mr. Thrasher of Oconee, do pass.
House Bill No. 158, by Messrs. Myrick, Alexander and Kennedy of Chatham, do pass.
House Bill No. 204, by Messrs. Myrick, Alexander and Kennedy of Chatham, do pass.
House Bill No. 205, by Messrs. Myrick, Alexander and Kennedy of Chatham, do pass.
House Bill No. 206, by Messrs. Myrick, Alexander and Kennedy of Chatham, do pass.
House Bill No. 207, by Messrs. Myrick, Alexander and Kennedy of Chatham, do pass.
House Bill No. 308, by Mr. Barker of Heard, do pass.
House Bill No. 318, by Mr. Burson of Barrow, do pass as amended.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

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JoURNAL OF THE SENATE,

Mr. President:
The House has passed by the reqms1te Constitutional majority the following bill of the Senate, to-wit:
By Mr. Pottle of the lOth District-
Senate Bill No. 54. A bill to be entitled an Act to amend an Act approved August 25, 1931, to establish season for hunting game, 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 Substitute to the following bill of the House, to-wit:

By Messrs. Scott of Thomas, and Harris of Richmond-
House Bill No. 182. A bill to fix the license fees for the operation of motor vehicles on the public highways of this State, and for other purposes.
The House respectfully requests a Committee of Conference to be appointed by the President on the part of the Senate to confer with a like committee on the part of the House to be appointed by the Speaker, on House Bill No. 182.
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. 182, the following members of the House, to-wit:
Messrs. Spivey of Emanuel, Arnall of Coweta, and Rawlins of Telfair.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

TuESDAY, FEBRUARY 7, 1933.

311

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

By Messrs. Lanham, Davis and Crawford of Floyd-
House Bill No. 37. A bill to amend Section 111 of the Penal Code of Georgia of 1910, which fixes the punishment for the offense of kidnaping for ransom to twenty ( 20) years, and for other purposes.

By Messrs. Lanham, Davis and Crawford of Floyd-
House Bill No. 38. A bill to amend Section 260 of the Penal Code of Georgia for 1910, relating to the punishment for the offense of perjury, by reducing the minimum sentence for the offense of perjury from four to two years, and for other purposes.
By Mr. Allen of Jackson-
House Bill No. 62. A bill to amend an Act entitled "An Act to simplify the operations of the executive branch of the State Government by abolishing certain offices, boards, departments, commissions and institutions; creating others;" and for other purposes.

By Messrs. Arnall of Coweta, and Rawlins of Ben Hill-
House Bill No. 138. A bill to provide for special elections where an officer elected shall be declared ineligible, to provide manner such elections shall be held, and for other purposes.

By Mr. Williams of Bacon-
House Bill No. 191. A bill to provide for holding two terms a year of the Superior Court of Bacon County, Georgia; to prescribe the time of the holding of same, and for other purposes.

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JOURNAL OF THE SENATE,

By Messrs. Peters and Hill of Meriwether-
Hause Bill No. 242. A bill to repeal an Act entitled an Act to amend an Act to change the compensation of the Treasurer of l\1eriwether 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 requisite Constitutional majority the following Bills of the House, to-wit:

By Mr. Lott of Coffee-
House Bill No. 302. A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee, and for other purposes.

By Mr. Burson of Barrow-
House Bill No. 320. A bill to provide for holding four (4) terms a year of the Superior Court of Barrow County, and for other purposes.

By Mr. Boyd of Greene -
House Bill No. 349. A bill to authorize the Board of Commissioners of Roads and Revenues of Greene County to pay certain funds known as "The Gwinn Allison School Fund" to the Board of Education of said County, and for other purposes.

By Mr. Vaughn of Rockdale-
House Bill No. 362. A bill to provide for and to allow the use of wire fish baskets, and to permit seining in the streams of Rockdale County during certain months of the year, and for other purposes.

TUESDAY, FEBRUARY 7, 1933.

313

By Mr. Collier of Madison-

House Bill No. 399. A bill to repeal an Act entitled: "An Act to create the City Court of Danielsville, in and



for the County of Madison," 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 resolutions of the House, to-wit:

By Messrs. Longley and Davis of Troup-
House Resolution No. 33-120a. A resolution to relieve surety on bond of Claude Boykin, and for other purposes.

By Mr. Keown of Whitfield-
House Resolution No. 37-182a. A resolution to relieve surety on a bond, and for other purposes.
The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Defore, Park and Gillen of Bibb--
House Bill No. 9. A bill to abolish the Road Board of Bibb County, and for other purposes.

By Mr. Mixon of Irwin-
House Bill No. 44. A bill to repeal an Act creating the office of Commissioner of Roads and Revenues for the County of Irwin, and for other purposes.

By Mr. Mixon of Irwin-
House Bill No. 45. A bill to create a Board of Com-

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JOURNAL OF THE SENATE,

missioners of Roads and Revenues for the County of Irwin, and for other purposes.

By Mr. Thrasher of Oconee-
House Bill No. 63. A bill to change salary of Chairman of Board of Roads and Revenue of Oconee County from $2,000.00 per annum to $1,500.00 per annum.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 158. A bill to amend an Act, by providing that the salaries of certain officers in counties of a certain population, shall be fixed by the County Commissioners, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 204. A bill to repeal certain Acts applicable to counties having a certain population which fix the salaries of jailers and jail employes, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 205. A bill to repeal certain Acts fixing the salaries of Deputy Sheriffs and Bailiffs of Superior and City Courts in certain counties of the State having a certain population, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-

House Bill No. 206. A bill to repeal certain Acts in reference to the salaries of two special bailiffs in counties of a certain population, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 207. A bill to provide that in all counties having a certain population, that the salaries of certain

TUESDAY, FEBRUARY 7, 1933.

315

county officers shall be fixed by the County Commissioners, and for other purposes.

By Mr. Barker of Heard-
House Bill No. 308. A bill to reduce the official bond of the Sheriff ofHeard County to $3,000.00, and for other purposes.

By Mr. Burson of Barrow-
House Bill No. 318. A bill to abolish the office of Tax Receiver and Tax Collector of Barrow County, Georgia; to create the office of Tax Commissioner of Barrow County, Georgia, and for other purposes.
The following resolutions of the House were read the first time and referred to committees:

By Messrs. Longley and Davis of Troup-
House Resolution No. 33-120A. A resolution to relieve surety on bond of Claude Boykin, and for other purposes.

Referred to Committee on Special Judiciary No. 2.

By Mr. Keown of 'Vhitfield -
House Resolution No. 37-182A. A resolution to relieve surety on bond, and for other purposes.

Referred to Committee on Special Judiciary No. 2.
The following bills of the House were read the first time and referred to committees:

By Messrs. Lanham, Davis and Crawford of Floyd-
House Bill No. 3 7. A bill to amend Section 111 of the Penal Code of Georgia of 1910 which fixes the punishment

316

JouRNAL oF THE SENATE,

for the offense of kidnaping for ransom to twenty ( 20) years, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Messrs. Lanham, Davis and Crawford of Floyd-
House Bill No. 38. A bill to amend Section 260 of the Penal Code of Georgia for 1910 relating to the punishment for the offense of perjury, by reducing the minimum sentence for tlie offense of perjury from four to two years, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Mr. Allen of Jackson-
House Bill No. 62. A bill to amend an Act entitled "An Act to simplify the operations of the executive branch of the State Government by abolishing certain offices, boards, departments, commissions and institutions; creating others," and for other purposes.
Referred to Committee on State of Republic.

By Messrs. Arnall of Coweta, and Rawlins of Ben Hill-
House Bill No. 138. A bill to provide for special elections where an officer elected shall be declared ineligible; to provide manner such elections shall be held, and for other purposes.
Referred to Committee on Privileges and Elections.
By Mr. \Villiams of Bacon-
House Bill No. 191. A bill to provide for holding two terms a year of the Superior Court of Bacon County, Georgia; to prescribe the time of the holding of the same, and for other purposes.

TUESDAY, FEBRUARY 7, 1933.

317

Referred to Committee on Special Judiciary.

By Messrs. Peters and Hill of Meriwether-
Hause Bill No. 242. A bill to repeal an Act entitled an Act to amend an Act to change the compensation of the Treasurer of Meriwether County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Lott of Coffee-
House Bill No. 302. A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Burson of Barrow-
House Bill No. 320. A bill to provide for holding four (4) terms a year of the Superior Court of Barrow County, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Boyd of Greene-
House Bill No. 349. A bill to authorize the Board of Commissioners of Roads and Revenues of Greene County to pay certain funds known as "The Gwinn Allison School Fund" to the Board of Education of said County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Vaughn of Rockdale-
House Bill No. 362. A bill to provide for and to allow the use of wire fish baskets, and to permit seining in the

318

JOURNAL OF THE SENATE,

streams of Rockdale County during certain months of the year, and for other purposes.
Referred to Committee on Game and Fish.

By Mr. Collier of Madison-
House Bill No. 399. A bill to repeal an Act entitled: "An Act to create the City Court of Danielsville, in and for the County of Madison," and for other purposes.
Referred to Committee on Special Judiciary.

Senator Pottle of the 1Oth District moved that the President appoint a committee of three on the part of the Senate to confer with the Conference Committee already appointed by the House on House Bill No. 182, and the motion prevailed, and the President appointed Senators Pottle of the 1Oth District, Haralson of the 40th District, and Key of the 28th District.

The following privileged resolutions were read and adopted:

By Senator Alston of the 12th DistrictA resolution extending the privileges of the floor to Miss
Eleanor of Newnan.
By Senator Conner of the 14th District-
A resolution extending the privileges of the floor to Hon. D. D. Pierce of Pulaski County.
By Senator Cason of the 22nd DistrictA resolution extending the privileges of the floor to Hon.
J. E. Guillibeau of Barnesville, Ga.

TUESDAY, FEBRUARY 7, 1933.

319

By Senators Lewis of the 20th District, Tuten of the 46th District-
A resolution extending the privileges of the floor to Hon.
J. R. Walker, Jr., a former member of the General As-
sembly of Georgia.

By Senator Lovett of the 16th District-
A resolution extending the privileges of the floor to Hon. N. L. Thompson of Johnson County.

The following bill of the Senate, continued from yesterday's session, was taken up for passage:

By Senator Howard of the 24th District-

Senate Bill No. 24. A bill to amend the Act to reorganize and reconstitute the State Highway Department.

Senator Key of the 28th District asked unanimous consent that the amendment offered by him yesterday be withdrawn and the consent was granted, and the amendment was withdrawn.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

The ayes and nays were called for and the call was sustained, and the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Alston Andrews Boyd Boykin Cail Campbell Carithers Cason Cloud

Colson Conner Dean Dorminy Edmondson Goldin Groover Haralson Hogg

Howard of the 24th Howard of the 2nd Hubbard Jackson Key Knox Lovett Mallett Moore

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jOURNAL OF THE SENATE,

Morris of the 39th Morris of the 5th Oliver Paschall

Pottle Robertson Sims Tate

Terrell Turner Tuten Weaver

Those voting in the negative w_ere Senators:

Culpepper Fetzer

Fudge Lester Lewis

Rivers Sisk Sparks

On the passage of the bill the ayes were 39, nays 8.

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

Senator Howard of the 24th District moved that the above bill, viz. Senate Bill No. 24, be immediately transmitted to the House, and the motion prevailed.

Senator Fetzer of the 1st District submitted the following report of the conference of the Interstate Conference of the American Legislators' Association, which he recently attended in Washington, D. C., as a delegate from the Senate:

MR. PRESIDENT, MR. SPEAKER:
The undersigned having been appointed to represent the Senate and the House of Representatives at the First Interstate Legislators' Assembly held in Washington, D. C., on the 3rd and 4th days of February, 1933, respectfully submit the following report:
The meeting was called for the purpose of discussing the lack of co-ordination between the taxing systems of the States and that of the Federal Government, and to consider the advisability of establishing a standing committee of legislators to study the problem of conflicting taxation and, after established, to negotiate with the appropriate Congressional committees with a view to arriving at a solution of the problem.

TuESDAY, FEBRuARY 7, 1933.

321

In this connection the Ways and Means Committee of the National House of Representatives has had a sub-committee working on the question of double taxation and this sub-committee, headed by Congressman Vinson of Kentucky, has made an elaborate report to the vVays and Means Committee of the National House, and this report was submitted to the Conference for consideration and information.
The Conference met at 9 :30 o'clock on the 3rd of February and remained in session continuously until ten o'clock that night and reconvened again at ten o'clock on the 4th of February and did not adjourn until nearly ten o'clock on the night of the 4th.
During this time the Conference had the pleasure of hearing the President of the United States discuss the subject matter in person and to hear a message read from President-elect Franklin D Roosevelt.
Among the tax authorities addressing the Conference
was the Hon. Clyde L. King, former Secretary of Revenue
and Finance of Pennsylvania; Hon. Henry F. Long, Commissioner of Corporations and Taxation of :Massachusetts; Prof. Robert Murray Haig, of Columbia University; Hon. Franklin S. Edmunds, former Chairman of the Tax Commission of Pennsylvania; Hon. Mark Graves, Budget Commissioner of New York State, and the Hon. Seabury C. Mastick, presiding Chairman of the New York Commission on the revision of State tax laws.
Three different methods of relieving the situation were discussed at the Conference, to-wit:
( 1) The possibility of segregating certain sources of revenue for the exclusive uses of the Federal Government and other sources for the exclusive use of the State Governments.
( 2) The possibility of extending to State fields the cred-

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JouRNAL OF THE SENATE,

iting device now used by the Federal Government m connection with inheritance and estate taxes.
(3) The possibility of having certain taxes collected by the Federal Government and a share of the proceeds paid to the states.
For instance, it was urged by some that the states be prohibited from levying taxes on the sale of cigarettes and that the Federal Government allocate one cent per package of the six cents now levied on cigarettes to the different states and thereby there would be a uniform tax on cigarettes throughout the United States and that the states would receive by this method as much money on an average from the sale of cigarettes as they are receiving at the present time. It was proposed that the allocation be made on a basis of population and facts were submitted showing that under this system Georgia would receive approximately the same amount of revenue as she does at the present time from the tax on cigars and cigarettes.
It was finally decided by the Conference that this first Conference should take no definite action so far as the adoption of a policy on the subject was concerned for the reason that it would be impossible within a period of only two days to reach an intelligent conclusion and that the varying conditions in the forty-eight states would have to be taken into consideration and an effort made to harmonize the different systems of taxation so that as near as possible a uniform system might be adopted in all the states to prevent overlapping and duplication.
It seemed to be the sentiment of the delegates assembled that as the Federal, State and local governments were extracting from the pockets of the people nine and one-half billion dollars annually for taxes and that this amount equalled almost one-fourth of the entire gross income of the people of the nation and that a slashing reduction in taxes levied was necessary in order to prevent the confisca-

TUESDAY, FEBRUARY 7, 1933.

.323

tion of property and invested capital and that after the reduction in the amount of taxes now levied, that there should be a general revamping of the tax laws in the states so as to relieve real estate from the burden of taxes.

During the discussion touching on the various problems there were two papers delivered by speakers which your representatives consider of material value and of considerable interest to the General Assembly of Georgia. The line of thought and the discussion of the problems as expressed in the two papers by Messrs. King and Edmonds of Pennsylvania as condensed, apparently covered the field which the Conference had been called to consider. The recognized problems along with some suggested .reforms as contained in those two papers give a fairly good picture of the common thought of those who had assembled to attempt to solve problems recognized as being an emergency throughout the entire country. It is no intention on the part of your representatives to approve, disapprove, criticize or confirm the contents of the two papers which were introduced into the discussion by the above mentioned speakers, but on the other hand it is our earnest desire to place before the General Assembly of Georgia a fair, unbiased and unprejudiced estimate of such information as was gained as a result of this Conference. In order that the General Assembly of the State of Georgia might have an opportunity to observe and consider these matters we are attaching to and making a part of this report copies of these two papers and have marked them as follows, towit:

Exhibit (A)-The lack of co-ordination between the taxing systems of the States and that of the Federal Government.
By Hon. Clyde L. King, former Secre-
retary of Revenue and Finance of Pennsylvania.

324

}Ol;RNAL OF THE SENATE,

Exhibit (B) -The possibility of extending to other fields the crediting device now used py the Federal Government in connection with inheritance taxes.
By Hon. Franklin S. Edmonds, former Chairman of the Pennsylvania State Tax Commission.
The Conference authorized the Chairman to appoint a committee numbering from ten to fifteen to study the question and submit to the delegates from the various states their findings. This committee was instructed when twothirds of them agree upon a plan to submit the plan to the delegates from the states and when the delegates from a majority of the states agree to the plan, to treat with Congress and see if a definite agreement can be reached as to the policy of the Federal Government.
Unfortunately the question of financing the work of this committee necessarily came into consideration and the Conference, by resolution, requested each state to make an appropriation in an amount not less than one thousand dollars to finance the work for the next two years, and to provide expenses for at least one delegate from the Senate and one from the House to attend a future assembly of the delegates from the various states.
The American Legislators' Association has conducted an extensive research concerning the problem of duplication and double taxation over a period of several months and they were able to furnish the delegates to the First Interstate Legislators' Assembly valuable information. This research has been financed by contributions made to the American Legislators' Association by the Rosenwald Fund, the Spellman Foundation and individuals interested in eliminating duplication, overlapping and double taxation. The movement in the future can be financed by corporations and individuals who are interested in the prob-

TUESDAY, FEBRUARY 7, 1933.

325

lems. It was the opinion of the delegates to the First In-
terstate Legislators' Assembly that this movement should be financed from sources disinterested in the levying of taxation. The only method or manner of financing the research and the efforts of the committee to be named which would be disinterested is by appropriations from the various states. Therefore the resolution was adopted providing for this method of financing the committee and its activities.
It is our opinion that this movement has such force behind it that it will be able to materially influence legislation in Congress. The State of Georgia is vitally concerned in this question because the policy eventually adopted may effect the revenues of this State and its system of taxation.
Therefore, we recommend that the State of Georgia, through the General Assembly and the Governor, cooperate in this movement in order to see that the interest of the State of Georgia is properly protected.
Respectfully submitted,
GEO. \V. FETZER, ]R., Of the First District.
On the part of the Senate.
RoY V. HARRIS, Of Richmond County,
On the part of the House.
The following resolution of the Senate was taken from the table and put upon its passage:

By Senators Jackson of the 21st District, and Knox of the 3rd District-
Senate Resolution No. 51. A resolution to investigate the State Highway Department.

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JoURNAL OF THE SENATE,

Senator Knox of the 3rd District offered the following substitute:
A RESOLUTION

Whereas, It is publicly charged that the State Highway
Commission of this State is pledging contracts for the building of roads far in excess of any reasonable expectation of fulfillment. Said pledges being made for political purposes.
And whereas, it is likewise charged that the State Highway Board, in violation of the law, is unreasonably anticipating their revenue and is illegally letting contracts for road construction, the payment of which they cannot hope to meet within any reasonable time.
And whereas, it is charged that the Highway Department is showing favoritism to cel,"tain counties of the State in the matter of road construction.
And whereas, it is charged that a certain bank or banks owned or controlled by a member of the Highway Board has discounted obligations of the Highway Department aggregating vast sums of money. Said obligations being discounted at rates ranging as high as 12 per cent.
And whereas, the report filed by the State Auditor for the year 1931 discloses the expenditures of vast sums of money by the Highway Department for salaries and expenses of engineers and other employees which compels the presumption of waste, inefficiency and extravagance.
And whereas, it is desirable and necessary that all the charges aforesaid be promptly and thoroughly investigated by a Joint Committee of the General Assembly.

Therefore be it resolved, by the General Assembly of Georgia that a committee composed of three members of the Senate, to be appointed by the President of the Senate,

TUESDAY, FEBRUARY 7, 1933.

327

and five members of the House of Representatives to be appointed by the Speaker, be appointed to make a prompt and thorough and impartial investigation of all the a<:tivities of the Highway Department of this State, and the said committee be fully authorized and empowered to summons witnesses and compel their attendance; to compel the production of books, records and other documentary evidence and to do all other things necessary to complete the thorough investigation of the affairs and activities of said Highway Department.

Senator Hutcheson of the 44th District offered the following amendment to the substitute:
Moved to amend substitute for Senate Resolution No. 51 by adding after the words "Highway Department" appearing in said resolution and the words "State Veterinarian's Office" so that. the resolution as amended will provide that all of the terms of the original resolution relating to the investigation of the Highway Department and the methods to be employed in making such investigation shall apply to and include the office of the State Veterinanan.

This motion to amend is made upon the ground that it is charged that there are certain irregularities connected with the office of the State Veterinarian and its administration, and the unlawful expenditure of funds allocated to the office of State Veterinarian.

Senator Knox of the 3rd District moved that action on the resolution, the substitute and the amendment to the substitute be postponed to the period of Unfinished Business tomorrow, and the motion prevailed.

The following bill of the Senate, which had been recommitted at a previous session in order to perfect the bill, was read the third time and put upon its passage:

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JouRNAL oF THE SENATE,

By Senator Sims of the 35th District-
Senate Bill No. 16. A bill to amend Section 4424 of the Civil Code so as to provide for survivorship of suits by husband and children for death of wife and mother.
The committee offered the following substiute:

A BILL
To be entitled an Act to amend Section 4424 of the Code of Georgia of 1910 relating to recovery for homicide, by striking out certain language as to the right of the husband to recover for the homicide of his wife and as to the rights of surviving children where the husband survives the homicide of his wife, and by substituting other language therefor, and to regulate the rights of husband and children in the event of the homicide of the wife, and to strike out the language "upon whom she or he is dependent, or who contributes to his or her support, unless said child leave a wife, husband or child," and to substitute other language therefor, and to regulate the :!mount of recovery in such cases and to regulate the procedure, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act Section 4424 of the Code of Georgia of 1910 relating to recovery for homicide be amended by striking out the following language from said section, to-wit:
"The husband may recover for the homicide of his wife,
and if she leaves child or children surviving, said husband and children shall sue jointly and not separately, with the right to recover the full value of the life of the deceased, as shown by the evidence, and with the right of survivorship as to said suit if either die pending the action,"

TuESDAY, FEBRUARY 7, 1933.

329

and by substituting in lieu of said stricken language the following language:
"A husband may recover for the homicide of the wife, but if the husband die before any action is brought, then any children of such wife, whether under twenty-one years of age or over twenty-one years of age, may recover for the homicide of the wife, and if suit be brought by the husband, or by the children in the event the husband dies after the death of the wife, and the former or one of the latter dies pending the action, the same shall survive in the first case to the children and in the latter case to the surviving child or children, and wherever the word child or children is used in this section the same shall apply to persons under twenty-one years of age as well as persons over twenty-one years of age. In the event of a recovery by the husband or child or children, or either of them, they shall hold the amount subject to the law of descents as if it were personal property descending to the husband and children from the deceased. The amount recovered shall be the full value of the life of the deceased without deduction for necessary or other personal expenses of the deceased had she lived. The right of action here given shall not in any way interfere with the right of action now existing in favor of children, whether under twenty-one years of age or over twenty-one years of age, for the death of a . father or a mother,"
and also that said Section 4424 be amended by striking therefrom the following language, to-wit:

"upon whom she or he is dependent, or who contributes to his or her support, unless said child leave a wife, husband or child,"
and by substituting in place of said stricken language just quoted the following language, to-wit:
"but if said child is over twenty-one years of age the

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JoURNAL OF THE SENATE,

mother or father, as the case may be, must show that the child either contributed to the parent's support, or, disjunctively, that the parent was wholly or partially dependent upon the child for support. But neither the mother nor father shall have a right of action if the child shall leave surviving a wife, husband or child,"
so that said section when amended shall read as follows:
"A widow, or, if no widow, a child or children, minor or sui juris, may recover for the homicide of the husband or parent; and if suit be brought by the widow or children, and the former or one of the latter dies pending the action, the same shall survive in the first case to the children, and in the latter to the surviving child or children. A husband may recover for the homicide of the wife, but if the husband die before any action is brought, then any children of such wife, whether under twenty-one years of age or over twenty-one years of age, may recover for the homicide of the wife, and if suit be brought by the husband, or by the children in the event the husband dies after the death of the wife, and the former or one of the latter dies pending the action, the same shall survive in the first case to the children and in the latter case to the surviving child or children, and wherever the word child or children is used in this section the same shall apply to persons under twentyone years of age as well as persons over twenty-one years of age. In the event of a recovery by the husband or child or children, or either of them, they shall hold the amount subject to the law of descents as if it were personal property descending to the husband and children from the deceased. The amount recovered shall be the full value of the life of the deceased without deduction for necessary or other personal expenses of the deceased had she lived. The right of action here given shall not in any way interfere with the right of action now existing in favor of children, whether under twenty-one years of age or over twenty-one years of age, for the death of a father or a

TuEso.w, FEBRUARY 7, 1933.

331

mother. A mother, or, if no mother, a father, may recover for the homicide of a child minor or sui juris, but if said child 'is over twenty-one years of age the mother or father, as the case may be, must show that the child either contributed to the parent's support, or, disjunctively, that the parent was wholly or partially dependent upon the child for support But neither the mother nor father shall have a right of action if the child shall leave surviving a wife, husband or child. Said mother or father shall be entitled to recover the full value of the life of said child. In cases where there is no person entitled to sue under the foregoing provisions of this section, the administrator of the deceased person may sue for and recover for the benefit of the next of kin, if dependent upon the deceased, or to whose support the deceased contributed, in which event the amount of the recovery shall be determined by the extent of the dependency or the pecuniary loss sustained by the next of kin."
Sec. 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Senator Campbell of the 34th District called for the previous question on the bill and substitute, and the call was sustained:
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill by substitute the ayes were 39, nays 0.

The bill by substitute having received the requisite Constitutional majority, was passed.

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

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JouRNAL OF THE SENATE,

By Senator Sims of the 35th District-

Senate Resolution No. 46. A resolution authorizing the
State Librarian to furnish J. M. Dodd, Justice of the
Peace, Fulton County, a copy of the Code.

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, nays 0.

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 Sims of the 35th District-

Senate Bill No. 28. A bill to provide for issuing tax fi fas against a single person instead of against several.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 32, nays 0.

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

By Senators Tuten of the 46th District, Weaver of the 25th District, Sims of the 35th District, and Knox of the 3rd Disrict-

Senate Bill No. 52. A bill to provide that a consolidated bank shall have the right of succession as Trustee.

TUESDAY, FEBRF.'\RY 7, 1933.

333

The committee o'ffered the following substitute:

A BILL
To provide that upon the consolidation of two or more banks incorporated under the laws of this State and/or upon the consolidation of a national bank with a bank incorporated under the laws of this State and under the State Banks charter and/or upon the consolidation of a bank incorporated under the laws of this State with a national bank under the N ational Banks charter, and upon the consolidation of two national banks, the consolidated bank shall have the right of succession as trustee, executor or in any other fiduciary capacity and in the same manner and to the same extent as was held and enjoyed by the bank so consolidated into or with it, and for other purposes connected therewith.
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that upon the consolidation or merger of two or more banks incorporated under the laws of this State, and/or upon the consolidation of a national bank with a bank incorporated under the laws of this State and under the charter of the State bank and/or upon the consolidation of a bank incorporated under the laws of this State with a national bank under the National Bank's charter, and upon the consolidation of two national banks, the consolidated bank in either case shall hold and enjoy the right of succession as trustee, executor, administrator, registrar of stocks and bonds, guardian of estates and of persons, or in any other fiduciary capacity in the same manner and to the same extent as was held and enjoyed prior to the consolidation by the bank or banks consolidated into or with it. In all trusts being administered by the merged bank in which a bond is required and has been given, the bank into which it is merged shall likewise give a like bond.
Sec. 2. Be it further enacted that the consolidated bank

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JouRNAL OF THE SENATE,

in any case provided for in Section 1 of this Act, shall have the right to act in any such trust or fiduciary capacity without any further order or action of the Court of Ordinary or any other court in all cases where the merged bank at the time of the consolidation shall not have completed the performance of any trust in which it was engaged at the time of the consolidation.
Sec. 3. To the extent of its rights, obligations and liabilities as trustee, executor, administrator, registrar of stocks and bonds, guardians of estates and of persons, and in every other fiduciary capacity, the identity of the bank so consolidated into or with another shall be preserved and shall continue in the consolidated bank.
Sec. 4. Be it further enacted, that nothing herein contained shall relieve the consolidated bank from taking the qualifying oath and giving bond to the same extent and under the same rules as were applicable to the bank consolidated into or with it.
Sec. 5. Be it further enacted that the consolidated bank into which others shall be merged or consolidated, as provided in this Act, shall be liable to beneficiaries of all such trusts and all persons interested therein to the same extent as the bank merged or consolidated into it would have been liable if the merger or consolidation had not taken place.
Sec. 6. Be it further enacted that the duties and liabilities hereby imposed and the rights and privileges herein conferred on banks into which others shall hereafter be consolidated, are hereby imposed and conferred on all banks into which others have been heretofore consolidated.
Sec. 7. Be it further enacted that wherever the word "bank" is used in that Act, it shall be taken and held to include trust companies, savings banks, state banks or other corporation or institution carrying on a banking business under the authority of the laws of this State, except that the phrase "national bank" shall be held as meaning a

TUESDAY, FEBRUARY 7, 1933.

335

bank organized under the laws of the United States and doing business in this State.
Sec. 8. Be it further enacted that if any part of this Act shall be held invalid by any court of last resort, the remainder thereof shall not be affected by such holding.
Sec. 9. Be it further enacted that 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 by substitute, was agreed to.
On the passage of the bill by substitute the ayes were 38, nays 0.
The bill, by substitute, having received the requisite Constitutional majority, was passed.
By Senators Haralson of the 40th District, Sisk of the 30th District, Sims of the 35th District, Pottle of the lOth District, and Key of the 28th District-
Senate Bill No. 60. A bill to amend Section 4198 of the Civil Code as to recording deeds.
Senator Colson of the 4th District asked unanimous consent that further action on the bill be postponed, as the author of the bill was absent, and the consent was granted.
Senator Fetzer of the 1st District moved that Senate Bills No. 119, No. 120 and No. 121 be made a special and continuing order for vVednesday, the 8th instant, immediately following the period of unanimous consents, and the motion prevailed and the resolution was referred to the Committee on Rules.
Senator Turner of the 7th District moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

336

JoURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
vVEDNESDAY, FEBRUARY 8, 1933.

The Senate met, pursuant to adjournment, at ten 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:

Alston Andrews Baggett BQyd Boy kin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer

Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th :\iorris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator Weaver of the 25th 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.

The Journal was confirmed.
Senator Terrell of the 37th District asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on General Judiciary No. 1 and re-

W.ED~ESDAY, FEBRUARY 8, 1933.

337

committed to the Committee on General Judiciary No. 2, and the consent was granted:
By Senator Colson of the 4th District-
Senate Bill No. 108. A bill to require reports from Civil Divisions of the State.
The following resolution of the Senate was read and referred to Committee on General Judiciary No. 1:

By Senator Tuten of the 46th District-
Senate Resolution No. 59. A resolution to relieve Oliver
Williams as surety on bond.
The President announced the appointment of Senator Cloud of the 19th District, under Senate Resolution No. 4 7, a resolution by Senator Sisk of the 30th District, inviting the Governor and the Chairman of the Tax Commission of Mississippi, to address the General Assembly on Retail Sales Tax.

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

By Senator Morris of the 5th DistrictSenate Bill No. 159. A bill to amend the charter of
Willacoochee.
Referred to Committee on Municipal Government.

By Senators Jackson of the 21st District, Sisk of the 30th District, and Knox of the 3rd District-
Senate Bill No. 158. A bill to amend the Act to reorganize and reconstitute the State Highway Department.
Referred to Committee on Highways.

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JoURNAL OF THE SENATE,

By Senators Howard _of the 2nd District, and Rivers of the 15th District-
Senate Bill No. 160. A bill to amend an Act approved August 26, 1925, for the protection of birds, etc.
Referred to Committee on Game and Fish.

By Senators Lester of the 18th District, and Weaver of the 25th District-

Senate Bill No. 161. A bill to amend the Georgia

'Norkman's Compensation Act.



Referred to Committee on Industrial Relations.

By Senator Sims of the 35th District-
Senate Bill No. 162. A bill to require pensioners to waive pensions when put on the payrolls of the State.
Referred to Committee on Industrial Relations.

By Senator Sims of the 35th District-
Senate Bill No. 163. A bill to prohibit officials and employees from holding more than one job or receiving more than one salary.
Referred to Committee on General Judiciary No. 1.
The Committee on Rules submitted the following report, which was read and adopted:

Mr. President:
Your Committee on Rules has had under consideration the following resolution of the Senate, and have instructed me to report the same back to the Senate with the recommendation that the same do pass, and that the bills referred to in said resolution be made a special and continuing order for Wednesday, February 8th, 1933, immedi-

'iVEDNESDAY, FEBRUARY 8, 1933.

339

ately following the consideration of the Senate resolution providing for an investigation of the State Highway Department:

By Mr. Fetzer of the 1st District-
Senate Resolution No. 58. A resolution requesting a special and continuing order for Senate Bills Nos. 119, 120 and 121.
GEORGE W. FETZER,
Vice-Chairman.
w. M. LESTER,
Secretary.

The Committee on Conference on House Bill No. 182, a bill to fix the license fees for motor vehicles, submitted the following report, which was read and adopted:

Mr. President:
Mr. Speaker:
Your Committee on Conference appointed to consider the differences between the House and Senate on House Bill No. 182, after carefully considering the differences and after making a diligent effort to agree, beg leave to report that the Committee on Conference has disagreed, and respectfully request the appointment of another Conference Committee on the part of the House and Senate.
This the 8th day of February.
J. R. PoTTLE,
Of the 1Oth District.
w. H. KEY,
Of the 28th District.

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JouRNAL OF THE SENATE,

PAT HARALSON,
Of the 40th District.
On the part of the Senate.

JNO. B. RIVERS, Of Emanuel.
ELLIS G. ARNALL, Of Coweta.
PRESTO::-< RAWLI::-<S,
Of Telfair.
On the part of the House.

Mr. Mallet of the 26th District, Chairman of the Committee on Penitentiary, submitted the following report:

AIr. President:
Your Committee on Penitentiary have had under consideration the following Senate bill and Senate resolution, Senate Bill No. 140 and Senate Resolution No. 18, as amended by the committee, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same and each of them do pass:
JOEL B. MALLET,
Chairman.

Mr. Jno. C. Lewis of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report :

Mr. President:
Your Committee on General Judiciary No. 1 have had under consideration the following bill of the Senate, and have instructed me as Chairman, to report the same back

~7 ED~ESDAY, FEBRUARY 8, 1933.

341

to the Senate with the recommendation that the same do pass:
Senate Bill No. 31.
Senate Bill No. 30. Do not pass.
Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

1\1.r. President:
Your Committee on General Judiciary No. 2 have had under consideration the following bill of the Senate and the committee has instructed me as Chairman, to report the same back to the Senate with the recommendation that:

Senate Bill No. 10 8 do pass.
Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:
Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following bills and resolutions and the committee has instructed me as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 53 do pass. Senate Bill No. 134 do pass. Senate Bill No. 13 0 do pass. Senate Bill No. 131 do pass. House Bill No. 375 do pass. House Bill No. 40 do pass.
Committee substitute to House Resolution No. 38 do pass.

342

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 requisite Constitutional majority the following resolutions of the Senate, to-wit:

By Mr. Weaver of the 25th District-
Senate Resolution No. 52. A resolution to provide a proper celebration for the Bi-Centennial of the State of Georgia.

By Messrs. Carithers of the 27th District, Lester of the 18th District, Colson of the 4th District, and Pottle of the 1Oth District-
Senate Resolution No. 50. A resolution to appoint a committee of five to confer with similar committee from the House to consider whether or not it would be feasible to attend the inauguration of Hon. Franklin D. Roosevelt as President of the United States, and to work out feasibility of same.

By Mr. Sisk of the 30th District-
Senate Resolution No. 47. A resolution to invite the Governor and the Chairman of the Tax Commission of the State of Mississippi to address the General Assembly in joint session on the retail sales tax question, 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 resolution of the House, to-wit:

WEDNESDAY, FEBRUARY 8, 1933.

343

By Mr. Simmons of Decatur-
House Resolution No. 100. A resolution proposing that our Senators and Representatives in the United States Congress appear before the Tariff Commission and oppose the reduction of tariff on imported fruits and vegetables.
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 Mr. Sisk of the 30th-
Senate Resolution No. 43. A resolution that a committee of five be appointed to make a careful and complete investigation of the Department of Agriculture and report their findings to the Senate and the House of Representatives.
The Speaker has appointed as a committee on the part of the House, under the provisions of Senate Resolution No. 43, the following members of the House, to-wit:

Messrs. Myrick of Chatham, Johnson of Montgomery, and Strickland of Douglas.
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 resolution of the House, to-wit:

By Mr. Johnson of MontgomeryHouse Resolution No. 96. That the Senate and House

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}Ol.JRNAL OF THE SENATE,

of Representatives meet in joint session in the hall of the House of Representatives at one o'clock, Thursday, February 9, 1933, for the purpose of hearing an address by the Hon. Chas. H. Herty.
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 Messrs. Comas of Appling, Burton of Franklin, Myrick of Chatham and Davis of Mitchell-
House Bill No. 1. A bill to carry into effect the amendment to the Constitution ratified Nov. 8, 1932, providing for repayment to counties of funds advanced for highway construction, and for other purposes.

By Mr. Defore of Bibb-
House Bill No. 5. A bill to amend an Act approved
August 17, 1920, by changing the rate of interest therein provided, to repeal all laws in conflict therewith, and for other purposes.

By Mr. Childs of Taylor-
House Bill No. 82. A bill to provide for a better distribution of Commissioners of Roads and Revenues of Taylor County, so as to provide more equal representation, and for other purposes.

By Mr. Childs of Taylor-
House Bill No. 83. A bill to abolish the office of County Treasurer of Taylor County, and for other purposes.

\VEDNESDAY, FEBRUARY 8, 1933.

345

By Mr. Childs of Taylor-
House Bill No. 85. A bill to abolish the office of Tax Receiver and Tax Collector of County of Taylor and to create office of Tax Commissioner for said County of Taylor, and for other purposes.

By Mr. Crawford of Union-
House Bill No. 189. A bill to authorize the Ordinary or Commissioners of Roads and Revenues of certain counties in this State to use funds prorated to such counties from the allocation gasoline taxes in retiring road bonds, 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 of the House, to-wit:

By Mr. \Vatson of Paulding-
House Bill No. 272. A bill to repeal Section 695 (uu-23), Volume I of the Code of Georgia, relating to road taxes in counties of a certain population, and for other purposes.

By Mr. Littlefield of Charlton-
House Bill No. 322. A bill to abolish the County Court of Charlton County, to provide for referendum on same, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 341. A bill to provide for the appointment of a County Probate Officer in counties having a certain population, and for other purposes.

346

JoURNAL OF THE SENATE,

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 343. A bill to provide for the fixing of the compensation of official court reporter of the Superior Courts and City Courts in counties of a certain population, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 346. A bill to provide that in counties of the State with a certain population, the number of probation officers and other officers of juvenile courts shall be subject to the approval of the County Board of Commissioners, and for other purposes.

By Mr. Vaughn of Rockdale-
House Bill No. 361. A bill to reduce the official bond of the Sheriff of Rockdale County from ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars, 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 Messrs. Hudgins, Lindsey and Turner of DeKalb-
House Bill No. 370. A bill to amend Section 695 of the Civil Code of Georgia as to vest a discretion in the Commissioners of Roads and Revenues of certain counties pertaining to requiring road duty performed and road taxes paid, and for other purposes.

By Mr. Lott of CoffeeHouse Bill No. 371. A bill to amend an Act entitled

WEDNESDAY, FEBRUARY 8, 1933.

347

an Act to abolish the office of Tax Collector and Tax Receiver of Coffee County, Georgia, and for other purposes.

By Mr. Dickerson of Clinch-
House Bill No. 378. A bill to repeal an Act creating Board of Commissioners of Roads and Revenues in and for the County of Clinch, 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 reqmsrte Constitutional majority the following resolutions of the House, to-wit:

By Messrs. Longley and Davis of Troup-
House Resolution No. 42b-222a. A resolution to provide a library for Honorable Lee B. Wyatt, Judge Superior Court of Coweta Circuit.

By Mr. Johnston of Upson-
House Resolution No. 22-75a. A resolution that the Board of Commissioners of Roads and Revenues of Upson County are hereby authorized and directed to employ the present Ordinary, J. M. Middlebrooks, 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 second Committee of Conference on the part of the House, to confer with a like

348

JOURNAL OF THE SENATE,

committee on the part of the Senate on House Bill No. 182 the following members of the House, to-wit:

Messrs. Keown of Whitfield, Rawlins of Ben Hill, and Dyer of Coweta.
The following privileged resolution was read and adopted:

By Senator Lewis of the 20th District-
A resolution extending privileges of the floor to the Hon.
E. D. Clary, of Harlem, Georgia.

Senator Knox of the 3rd District submitted the following minority report on Senate Bill No. 30:

Mr. President:
General Judiciary Committee No. 1 having had under consideration Senate Bill No. 30, and having adopted a report recommending that said bill do not pass, I desire to file this a minority report to the action of the committee, the same being based upon the following grounds, to-wit:
The bill in question is a proposal to reduce the per diem and mileage now received by the members of the General Assembly, and may be properly classified as an economy measure. I do not believe the sums now allowed members of the General Assembly is adequate compensation for the services rendered, loss of time and business sacrifices necessary in the performance of our duties.
However, in my opinion the position of a member of the General Assembly does not carry with it a question of salary, the position being purely an honorary one, and the compensation now allowed contemplating only the necessary expense connected therewith. For this reason, I believe the sums provided in the bill are amply sufficient to

WEDNESDAY, FEBRUARY 8, 1933.

349

cover the legitimate expenses necessary in the performance of our duty.
In this connection I call attention to the fact that this administration is committed to a policy of economy and retrenchment, and I know of no place where such a policy can be more consistently and appropriately put into effect than by the adoption of this bill.
For this reason, I am not in accord with the majority action of the committee, and I believe that its action should not be concurred in.

The President appointed as a second Committee of Conference on House Bill No. 182, to confer with a like committee to be appointed by the House the following Senators:

Senator Lewis of the 20th District, Senator Nelson of the 6th District, and Senator Lovett of the 16th District.

By unanimous consent the following bill of the Senate was withdrawn from the Committee on Finance and recommitted to the Committee on General Judiciary No.2.

By Senator Terrell of the 37th District-
Senate Bill No. 99. A bill to reduce the salaries of officials and employees of State departments.

Senator Culpepper of the 36th District asked unanimous consent that the Secretary read the reply submitted by the State Highway Department giving the information asked for in Senate Resolution No. 40, adopted January 26th, ultimo., and the consent was granted, and the Secretary read the communication from the Highway Department, to-wit:

350

JouRNAL OF THE SENATE,

January 30, 1933.
To the State Senate of Georgia.
GENTLEMEN:
In compliance with your resolution of January 26, 1933, I am pleased to submit in behalf of the Highway Board the information called for in said resolution.
Question ( 1) -\Vhat is the estimated revenue of the Highway Department for the year 1933, from all sources -stating the amount of revenue anticipated from each source separately? What was the revenue-stated similarly-for the years 1930, 1931 and 1932?
Answer-The estimated revenue for the Highway Department for 1933 from all sources is as follows:
Gasoline Tax __________________________ _____$ 7,925,000.00 Motor Vehicle License________________ 3,500,000.00 Federal Aid ________________________________ 71,463.52 Other participation ______________________ 27,514.69

Total ------------------------------------$11,5 23,97 8.21 Revenue for 1930________________________$16,806,493.67 Revenue for 193 !________________________ 21,426,000.31 Revenue for 1932________________________ 15,643,65 2.3 6

Question ( 2) -vVhat contracts or arrangements have been made by the Highway Board, or are in process of being made, with the counties of this State, looking toward the employment of convicts in 1933 and 1934, upon road construction work?

Answer-No new contracts have been made for 1933 and 1934 with counties of the State looking toward the employment of convicts. In response to a request from the County Commissioners' Association of Georgia for as-

WEDNESDAY, FEBRUARY 8, 1933..

351

sistance, the following resolution was passed by the Highway Board at its meeting on November 25, 1932:

"Whereas, the economic condition prevailing at this time has created in the several counties of the State a financial crisis heretofore unknown threatening the entire structure of county government; and
"Whereas, one of the causes contributing to this condition is the expense incident to the caring for and maintenance of convicts that under the law are wards of the counties; and
"TVhereas, the convict question as relates to the State has found no solution thus far, other than that of county absorption of felony convicts, along with misdemeanors, in county units in road construction.
Therefore be it resolved, that the Highway Board express its desire to aid, as far as possible, in the solution of the difficulties confronting the counties employing convicts in road construction by awarding to counties contracts on an equitable basis for grading highways that are a part of the State System; the forces so employed being composed entirely of convicts and of at least fifty per cent felony convicts.
"Resoh:ed further, that the State Highway Engineer be directed to proceed at once, through his division engineers, to interview County Commissioners of the counties affected by this resolution and submit as early as practicable a list of the projects desired to be improved and the estimated cost thereof. Upon receipt of said information the Highway Board is to allot from its present and anticipated revenue (on present basis) for the period indicated in the communication above referred to a sum sufficient to execute the projects and set up and on the terms and conditions to be agreed to.
"Resohed further, that in determining the amount to be

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JouRNAL OF THE SENATE,

set up for county work first consideration shall be given to cost of maintenance, administration, State forces and matching of Federal Aid, and construction to be placed under contract."
The estimated revenue of the Highway Department given in the foregoing statement plus that of the first half of 1934 will enable the Department to assist the counties and the State in caring for the misdemeanor and felony convicts ( 7,3 60 in number) over the period of time indicated provided the funds allotted to the Department are not materially reduced.
Question (3 )-To what extent has the revenue of the Highway Department been anticipated for 1933? vVhat authority has the Highway Board for anticipating the revenue and why is this done?
Answer-The revenue of the Highway Department has been anticipated for 1933 in the sum of $2,928,036.33 in outstanding obligations, all of which mature within the fiscal year of the Highway Department ending June, 1933.
The finances of the department have been planned as to enable the department to continue to function on the present basis, discharge all outstanding obligations, leaving a substantial monthly balance for each remaining month of the fiscal year, and have on hand July 1, 1933 $1,342,793.30 with which to continue construction. No reference is made in the foregoing to outstanding Federal Aid contracts since State funds are in no way involved.
These contracts have been made in accordance with instructions of the State's Attorney and mature within our fiscal year. Relying on this and the Court decision that the department has authority to anticipate its revenue, these contracts have been made. No other course certainly could be employed in the use of Federal Aid, since the work must be performed before payment will be authorized by Washington. In addition to the agreements above noted, con-

WEDNESDAY, FEBRUARY 8, 1933.

353

tracts were let during 1932 on competitive bidding amounting to $9, 146,000.00. All budgets submitted in behalf of this department prior to 1933 have been approved in their entirety without question.

Qlilestion (4 )-State in detail the purposes for which the revenue of the department has been expended, together with the percentage of the aggregate revenue expended for each purpose.
Answer-The purposes for which the revenue of the department has been expended for the past three years are indicated in the following tabulated statement:

1930
For Administration ---------------------------,------ 2.8% Lands, buildings and equipment________ 5.2% Maintenance ------------------------------------ 17.2% Construction ------------------------------------ 74.8%

1931

For Administration -------------------------------- 2.4%

Lands, buildings and equipment________ 3.5%

Maintenance ------------------------------------ 10.4%

Construction

83.7%

1932
For Diversion ------------------------------------------ 7.4% Administration -------------------------------- 3.1% Land, buildings and equipment__________ 1.6% Maintenance ------------------------------------ 11.5% Construction ------------------------------------ 76.4%

The legal permissible expenditure for administration of the department is 6% of the revenue. For the last three

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years this item has been less than 2.8% average. The amount expended for construction and maintenance in 1930 was 92.0% of the total expenditure-in 1931 94.1% and in 1932 87.9%. I know of no Highway Department reporting a better performance.
Question (5)-What reduction, if any, in the expenses of the department has been made? If such reductions have been made, please state to what extent they were made, when they were made, and for what purpose or purposes they have been made.
Answer-Realizing the e~tent to which the revenue of the department was being reduced in 1932 by the falling off of gas and tag tax and the inability to sell the W. & A. rental notes purchased under Legislative instruction, the Board proceeded to curtail expenditures by a 15% reduction in salaries and reduction of personnel in all branches of the department in 1932. A comparison of the payrolls of this department with those of other departments requiring equal skill and responsibility, will reveal the fact that they compare favorably with any.
Every possible effort has been made to eliminate waste and extravagance on the part of the employees of the department.
Trusting that the foregoing answers to the questions propounded by your honorable body are in accordance with your wishes, I have the honor to be
Respectfully yours,
STATE HIGHWAY BoARD OF GEORGIA.
By J. W. BARNETT, Chairman.

Senator Turner of the 7th District asked unanimous consent that the State Highway Department be requested to furnish 100 copies of the reply just read, and the consent was granted.

\VEDNESDAY, FEBRUARY 8, 1933.

355

The following bills of the Senate, favorably reported by committees, were read the second time.
By Senator Groover of the 49th District-
Senate Bill No. 31. A bill to be entitled an Act to fix court costs in certain counties.

By Senators Cloud of the 19th, and Jackson of the 21st District-
Senate Bill No. 53. A bill to be entitled an Act to amend Section 4906 of Code of Georgia relating to bonds for Sheriffs.

By Senator Cail of the 17th District-
Senate Bill No. 131. A bill to be entitled an Act to amend an Act creating the Ogeechee Judicial Circuit.

By Senator Colson of the 4th District-
Senate Bill No. 108. A bill to be entitled an Act to require reports from civil divisions of the State.

By Senators Sims of the 35th, and Morris of the 5th District-
Senate Bill No. 134. A bill to be entitled an Act to amend Section 5154, Code of Georgia, to permit defendants in bail trover to make bond without being held for five days.

By Senator Fudge of the 8th District-
Senate Bill No. 140. A bill to be entitled an Act to prohibit the use of convicts for felonies or misdemeanors.

By Senator Cail of the 17th District-
Senate Bill No. 130. A bill to be entitled an Act to abolish the City Court of Sylvania.

356

JOURNAL OF THE SENATE,

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

By Senator Knox of the 3rd District-
Senate Resolution No. 18. A resolution that a committee be appointed to investigate conditions in prison camps.
The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Evans of McDuffie-
Hause Bill No. 40. A bill to be entitled an Act to authorize Judges to suspend sentence in misdemeanor cases.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 375. A bill to be entitled an Act to amend the several Acts relating to Juvenile Courts.
Senator Lester of the 18th District moved that the Senate remain in session until two o'clock. The motion was lost.
The following joint resolution of the Senate was read and adopted:

By Senators McWhorter o{ the 50th District, Fetzer of the 1st District, and Nelson of the 6th District-
Senate Resolution No. 60. A resolution that the Senate and House meet in joint session in the hall of the House of Representatives at one o'clock P. M. on the 9th instant to hear an address by Dr. Charles H. Herty, and that a committee of two from the Senate and three from the House be appointed by the presiding officers of each body as an honorary escort to Dr. Herty.
By unanimous consent the resolution was ordered immediately transmitted to the House.

'VEDNESDAY, FEBRUARY 8, 1933.

357

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

By Messrs. Defore, Park and Gillen of Bibb-
House Bill No. 9. A bill to abolish the Road Board of Bibb 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 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Mixon of Irwin-
House Bill No. 44. A bill to repeal an Act creating the office of Commissioner of Roads and Revenues for the County of Irwin, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Mixon of Irwin-
House Bill No. 45. A bill to create a Board of Commissioners of Roads and Revenues for the County of Irwin, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

358

JouRNAL OF THE SENATE,

By Mr. Thrasher of Oconee-
House Bill No. 63. A bill to change the salary of the Chairman of Board of Roads and Revenues of Oconee County from $2,000.00 per annum to $1,500 per annum.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Myrick, Alexander and Kennedy of Chatham-.-
House Bill No. 158. A bill to amend an Act by providing that the salaries of certain officers in counties of a certain population shall be fixed by the County Commissioners, and for other purposes.
The report of the c'ommittee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 204. A bill to repeal certain Acts applicable to counties having a certain population which fix the salaries of jailers and jail employees, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

WEDNESDAY, FEBRUARY 8, 1933.

359

By Messrs. Myrick, Alexander and Kennedy of Chatham-

House Bill No. 205. A bill to r.epeal certain Acts fixing the salaries of Deputy Sheriffs and Bailiffs of Superior and City Courts in certain counties of the State having a certain population, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 206. A bill to repeal certain Acts in reference to the salaries of two special bailiffs in counties of a certain population, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 207. A bill to provide that in all counties having a certain population that the salaries of certain County Officers shall be fixed by the County Commissioners, 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 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.

360

JoURNAL OF THE SENATE,

By Mr. Barker of Heard-
House Bill No. 308. A bill to reduce the official bond of the Sheriff of Heard County to $3,000.00, 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 3 5, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Burson of Barrow-
House Bill No. 318. A bill to abolish offices of Tax Receiver and Tax Collector of Barrow County, and create office of 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 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.
Senator Carithers of the 27th District gave notice that at the proper time he would move that the Senate reconsider its action in passing House Bill No. 318.

Senator Moore of the 47th District asked unanimous consent that the following bill be withdrawn from the committee and recommitted in order that further public hearings might be held, and the consent was granted :

By Senators Culpepper of the 36th District, and Key of the 28th District-
Senate Bill No. 143. A bill to repeal the Act creating a Department of Archives and History.

WEDNESDAY, FEBRUARY 8, 1933.

361

The following resolution of the Senate, continued from yesterday's session, was taken up:

By Senators Jackson of the 21st District, and Knox of the 3rd District-
Senate Resolution No. 51. A resolution to investigate
the State Highway Department.
Senator Lewis of the 20th District moved to table the resolution, the substitute and the amendment to the substitute.

Senator Knox of the 3rd District called for the ayes and nays, and the call was sustained, and the roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Andrew's Cail Carithers Cason Cloud Colson Culpepper Fudge

Haralson Howard of the 2nd Hubbard Key Lewis Lovett Mallett Morri.s of the 5th Nelson

Oliver Paschall Pottle Rivers Robertson Sparks Tate Turner Weaver

Those voting in the negative were Senators:

Baggett Boyd Boykin Campbell Conner Dean Dorminy

Edmondson Goldin Groover Hogg Hutcheson Jackson Knox

Lester Moore Morris of the 39th Sims Sisk Terrell Tuten

The ayes were 27, nays 21, and the motion to table Senate Resolution No. 51 prevailed and the resolution was laid on the table.

362

JOURNAl. OF THE SENATE,

The following resolutions of the House were read the first time and referred to committees:

By Messrs. Longley and Davis of Troup-
House Resolution No. 42B-222A. A resolution to provide a library for Hon. Lee B. Wyatt, Judge of Superior Court of Coweta Circuit.
Referred to Committee on Public Library.

By Mr. Johnston of Upson-
House Resolution No. 22-75A. A resolution that the Board of Commissioners of Roads and Revenues of Upson County are hereby authorized and directed to employ the
present Ordinary, J. M. Middlebrooks, and for other pur-
poses.
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. Comas of Appling, Burton of Franklin, Myrick of Chatham, and Davis of Mitchell-
House Bill No. 1. A bill to carry into effect the amendment to the Constitution ratified November 8, 1932, providing for repayment to counties of funds advanced for highway construction, and for other purposes.
Referred to Committee on Highways-

By Mr. Defore of Bibb-
House Bill No. 5. A bill to amend an Act approved August 17, 1920, by changing the rate of interest therein provided, to repeal all laws in conflict therewith, and for other purposes.
Referred to Committee on Industrial Relations.

WEDNESDAY, FEBRUARY 8, 1933.

363

By Mr. Childs of Taylor-
House Bill No. 82. A bill to provide for a better distribution of Commissioners of Roads and Revenues of Taylor County, so as to provide more equal representation, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Childs of Taylor-
House Bill No. 83. A bill to abolish the office of County Treasurer of Taylor County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Childs of Taylor-
House Bill No. 85. A bill to abolish the office of Tax Receiver and Tax Collector of County of Taylor, and to create office of Tax Commissioner for said County of Taylor, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Crawford of Union-
House Bill No. 189. A bill to authorize the Ordinary or Commissioners of Roads and Revenues of certain counties in this State to use funds prorated to such counties from the allocation gasoline taxes in retiring road bonds, and for other purposes.
Referred to Committee on Highways.

By Mr. Watson of Paulding-
House Bill No. 272. A bill to repeal Section 695 (uu.23), Volume I, of the Code of Georgia, relating to road taxes in counties of a certain population, and for other purposes.
Referred to Committee on Counties and Comity Matters.
/

364

JoURNAL OF THE SENATE,

By Mr. Littlefield of Charlton:
House Bill No. 322. A bill to abolish the County Court of Charlton County, to provide for referendum on same, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 341. A bill to provide for the appointment of a County Probate Officer in counties having a certain population, and for other purposes.
. Referred to Committee on Counties and County Matters.
By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 343. A bill to provide for the fixing of the compensation of official court reporter of the Superior and City Courts in counties of certain population, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No.. 346. A bill to provide that in counties of the State with certain population, the number of probation officers and other officers of Juvenile Courts shall be subject to the approval of the County Board of Commissioners, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Vaughn of Rockdale-
House Bill No. 361. A bill to reduce the official bond of the Sheriff of Rockdale County from ten thousand ( $10,000.00) dollars to five thousand ( $5,000.00) dollars, and for other purposes.

\VEDNESDAY, FEBRUARY 8, 1933.

365

Referred to Committee on Counties and County Matters.

By Messrs. Hudgins, Lindsay and Turner of DeKalb-
House Bill 370. A bill to amend Section 695 of the Civil Code of Georgia as to vest a discretion in the Commissioners of Roads and Revenues of certain counties pertaining to requiring road duty performed and road taxes paid, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Lott of Coffee-
House Bill No. 3 71. A bill to amend an Act entitled an Act to abolish the office of Tax Collector and Tax Receiver of Coffee County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Dickerson of Clinch-
House Bill No. 378. A bill to repeal an Act creating Board of Commissioners of Roads and Revenues in and for the County of Clinch, and for other purposes.
Referred to Committee on Counties and County Matters.

The following resolutions of the House were read and adopted:

By Mr. Johnson of Montgomery-
House Resolution No. 96. A resolution that the Senate and House meet in joint session at one o'clock Thursday, the 9th inst., in the Hall of the House of Representatives to hear an address by Dr. Charles H. Herty.
By Mr. Simmons of Decatur-
House Resolution No. 100. A resolution that our Rep-

366

JoURNAL OF THE SENATE,

resentatives in Congress oppose the reduction of tariff on imported fruits and vegetables.
The hour of adjournment having arrived the President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

THURSDAY, FEBRUARY 9, 1933.

367

SENATE CHAMBER, ATLANTA, GA.

THURSDAY, FEBRUARY 9, 1933.

The Senate met, pursuant to adjournment, at ten o'clock
A. M., this day, and was called to order by the President.
Prayer was offered by Reverend T. M. Luke, of the Christian Church.

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

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer

Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th. Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator Weaver of the 25th 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.
The Journal was confirmed.
Senator Sims of the 35th District asked unanimous consent that the following bill of the Senate be withdrawn from

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JoURNAL OF THE SENATE,

the Committee on General Judiciary No. 2 and recommitted to the Committee on General Judiciary No. 1, and the consent was granted:

By Senator Sims of the 35th District-
Senate Bill No. 40. A bill to regulate practice and procedure in criminal cases.
The following resolution of the Senate was read and adopted unanimously by a rising vote of the Senate:

By Senator Jackson of the 21st DistrictSenate Resolution No. 61, to-wit:

A RESOLUTION
Whereas, we learn with regret that Senator Knox of the 3rd Senatorial District of Georgia, is contemplating resigning his seat as Senator on account of ill health; and,
Whereas, on account of his great ability, his sincerity of purpose, his purity of motive, and the great help he is capable and willing to do for the people of Georgia, we the entire membership of this body, respectfully request Senator Knox not to resign his seat, but to retain his membership, and that the Senate will excuse him from his duties in order that he may go to a hospital and have such medical attention as he sees fit.
Therefore, be it resolved, That this Senate unanimously excuses Senator Knox from the deliberation of this body until his physical condition will permit him to return to continue the great services, which he has been rendering to his County, to his District, and to his State.
Therefore, be it resolved further, That Senator Knox has the love and respect of each and every member of this Senate.

THURSDAY, FEBRUARY 9, 1933.

369

Senator Paschall of the 43rd District asked unanimous consent that the following bill of the Senate be withdrawn from the committee, and the consent was granted:

By Senator Paschall of the 43rd District-
Senate Bill No. 147. A bill to amend an Act to regulate the amounts deposited in State depositories by the Treasurer of the State.
The following Bill of the Senate was introduced, read the first time and referred to the Committee on Game and Fish:
By Senator Terrell of the 37th District-
Senate Bill No. 164. A bill to repeal an Act to prohibit the use of steel traps in trapping birds, animals and game.
Mr. Howard of the 2nd District, Chairman of the Committee on Municipal Government, submitted the following report:

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

House Bill No. 344, by Park, Gillen and Defore, do pass. House Bill No. 345, by Park, Gillen and Defore, do pass.
House Bill No. 163, by Hartsfield, Still and Eckford, do pass.
House Bill No. 311, by Kelly of Elbert, do pass.
House Bill No. 244, by Johnson of Upson, do pass. House Bill No. 157, by Myrick, Alexander & Kennedy, do pass.

370

JouRNAL OF THE SENATE,

House Bill No. 147, by Bennett and Westbrook, do pass.
House Bill No. 160, by Myrick, Alexander and Kennedy, do pass as amended.
Mr. Campbell of 34th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. President:
Your Committee on Motor Vehicles have had under consideration the following bills, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 50.
Senate Bill No. 106.
Mr. Rivers, of the 15th District, Chairman of the Committee on County and County Matters, submitted the following report :

Mr. President:
Your Committee on County and County Matters have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 10. By Mr. Defore of Bibb, do pass.
House Bill No. 125. By Messrs. Lindsey, Hudgins and Turner of DeKalb, do pass.
House Bill No. 140. By Mr. Wilson of Murray, do pass.
House Bill No. 165. By Mr. Beasley of Tattnall, do pass.
House Bill No. 242. By Messrs. Peters and Hill of Meriwether, do pass.

Tm;RsDAY, FEBRUARY 9, 1933.

371

House Bill No. 285. By Messrs. Allen and Manning of Cobb, do pass.
House Bill No. 286. By Messrs. Allen and Manning of Cobb, do pass as amended.
House Bill No. 349. By Mr. Boyd of Greene, do pass.
House Bill No. 139. By Mr. Wilson of Murray, do pass.
Mr. Hubbard of the 31st District, Chairman of the Committee on Education and Public Schools, submitted the following report :

Mr. President:
Your Committee on Education and Public Schools have had under consideration the following bills of the Senate and House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass :
Senate Bill No. 13 5. By Senator Oliver of the 4th District, amending an Act to establish the Georgia Board of Pharmacy; to define its duties and powers, etc.
House Bill No. 184. By Mr. Kennedy of Chatham, being an Act relating to the Board of Public Education of the City of Savannah.
Mr. Culpepper of the 36th District, Chairman of the Committee on Highways, submitted the following report:

Mr. President:
Your Committee on Highways have had under consideration the following bills and resolutions, and have instructed me as Chairman, to report the same back to the Senate with the recommendation as follows:
House Bill No. 1. do pass.

372

JoURNAL OF THE SENATE,

House Resolution No. 86, do pass.

Senate Resolution No. 30, do pass as amended.

2/9/33

CuLPEPPER, Chairman.

Mr. Knox of the 3rd District, Chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. President:
Your Committee on Privileges and Elections have had under consideration House Bill No. 138, by Arnall of Coweta and Rawlins of Ben Hill, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
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. Bryan and Donaldson of Bulloch-
House Bill No. 95. A bill to be entitled an Act to amend an Act approved July 28, 1923, entitled an Act to provide payment by counties in this State having a certain population of actual cost incurred in Superior and City Courts for trial and conviction of misdemeanor convicts worked by said County, and for other purposes.

By Mr. Evans of McDuffie-
House Bill No. 56. A bill making it a misdemeanor for
any person engaged in life or natural insurance to receive any compensation or commission on account of employment of an undertaker, etc., and for other purposes.

THURSDAY, FEBRUARY 9, 1933.

373

By Mr. Wood of Towns-
House Bill No. 167. A bill to authorize the County Board of Registrars and the Ordinary in certain counties to assist the Tax Collector in registering voters, and for other purposes.

By Mr. Holt of Wilcox-
House Bill No. 221. A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, consisting of five members, and for other purposes.

By Messrs. Teasley of Cherokee, Tate of Pickens, Hampton of Gilmer, and others-
House Bill No. 319. A bill to amend an Act approved August 18, 1918, and the several Acts amendatory thereof, relative to the fee system in Blue Ridge Judicial Circuit, and for other purposes.

By Mr. Crawford of Union-
House Bill No. 372. A bill to abolish the office of County Treasurer in and for the County of Union, to prescribe additional duties for the Ordinary of Union 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 requisite Constitutional majority the following resolution of the House, to-wit: By Mr. Vaughn of Rockdale-
House Resolution No. 51-2 57 a. A resolution to provide certain volumes of the Reports of the Supreme Court and Court of Appeals of Georgia to the Commissioners of

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Rockdale County, for the use of the Judge and other officers of the Superior Court.
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 and resolutions of the Senate, to-wit:

By Mr. Sims of the 35th District-
Senate Bill No. 9. A bill to amend the Charter of City of Atlanta so as to permit officers to hold military positions and offices.

By Messrs. Nelson of the 6th District, Fetzer of the 1st District, and others-
Seriate Resolution No. 60. A resolution that the Senate and House of Representatives meet in joint session in the Hall of the House of Representatives at one o'clock Thursday, February 9th, 1933, for the purpose of hearing an address by the Hon. Charles H. Herty.
Senator Culpepper of the 36th District asked unanimous consent that the following resolution of the Senate be withdrawn from the Committee on Highways and recommitted to the same committee, by request of the author, for the purpose of holding further public hearings, and the consent was granted:
By Senator Moore of the 47th District-
Senate Resolution No. 30. A resolution authorizing the State Highway Department to pave a stretch of road near the Georgia Coastal Plains Experiment Station.
Senator Culpepper of the 36th District asked unanimous

THLTRSDAY, FEBRUARY 9, 1933.

375

consent to use the Senate Chamber at 2 :30 o'clock P. M., Wednesday, next, for public hearings on motor vehicle bills, and the consent was granted.
The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Comas of Appling, Burton of Franklin, Myrick of Chatham, and Davis of Mitchell-
House Bill No. 1. A bill to be entitled an Act to carry into effect the amendment to the Constitution ratified Nov. 8, 1932, providing for repayment to counties of funds advanced for highway construction, and for other purposes.

By Mr. Defore of Bibb-
House Bill No. 10. A bill to be entitled an Act to authorize Board of Commissioners of Roads and Revenues, or the Ordinaries in certain counties, to fix the salary of County Treasurer, and for other purposes.

By Messrs. Lindsay, Hudgins and Turner of DeKalb:
House Bill No. 125. A bill to be entitled an Act to authorize the Commissioners of Roads and Revenues, or other authority having charge of county matters in counties of certain population, to supplement the funds of the County Board of Education from any funds of the County Board of Education, and for other purposes.

By Mr. Wilson of Murray-
House Bill No. 140. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues of Murray County, and for other purposes.

By Messrs. Arnall of Coweta and Rawlins of Ben HillHouse Bill No. 138. A bill to be entitled an Act to pro-

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JoURNAL OF THE SENATE,

vide for special elections where an officer elected shall be declared ineligible, and for other purposes.

By Mr. Wilson of Murray-
House Bill No. 139. A bill to be entitled an Act torepeal an Act creating the office of Commissioner of Roads and Revenues for the County of Murray, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 15 7. A bill to repeal Section 913 of the Code of Georgia, which provides for the time of election of certain city officers in cities of a certain population, and for other purposes.
By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 147. A bill to be entitled an Act to consolidate and combine the governmental functions and powers now vested in and exercised by the City of Albany and the authorities thereof, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 160. A bill to be entitled an Act to alter, revise and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.

By Messrs. Hartsfield, Still and Eckford of Fulton-
House Bill No. 163. A bill to be entitled an Act to amend the charter of the City of Mountain Park, and for other purposes.

By Mr. Beasley of Tattnall-
House Bill No. 165. A bill to be entitled an Act to amend Section 1225 of the Civil Code of 1910, so as to pro-

THURSDAY, FEBRUARY 9, 1933.

377

vide that all conditions of said section shall apply to counties in the State with a certain population, and for other purposes.

By Mr. Kennedy of Chatham-
House Bill No. 184. A bill to be entitled an Act to amend the several Acts relating to the Board of Public Education of the City of Savannah and County of Chatham, and for other purposes.

By Messrs. Peters and Hill of Meriwether-
Hause Bill Nd. 242. A bill to be entitled an Act to repeal an Act entitled an Act to amend an Act to change the compensation of the Treasurer of Meriwether County, Georgia, and for other purposes.

By Mr. Johnston of Upson-
House Bill No. 244. A bill to be entitled an Act to amend, consolidate and supersede the several Acts incorporating the City of Thomaston, and for other purposes.

By Messrs. Allen and Manning of Cobb-
House Bill No. 285. A bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Cobb County, Georgia; to create the office of Tax Commissioner of Cobb County, Georgia, and for other purposes.

By Messrs. Allen and Manning of Cobb-
House Bill No. 286. A bill to be entitled an Act to consolidate the office of County Treasurer in and for the County of Cobb, and for other purposes.
By Mr. Kelly of ElbertHouse Bill No. 311. A bill to be entitled an Act to

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amend an Act incorporating the City of Elberton, approved December 19, 1896, and the several Acts amendatory thereof, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 344. A bill to be entitled an Act to provide for fixing the salaries of all the officers of the Municipal Court of the City of Macon, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 345. A bill to be entitled an Act to provide for fixing the salaries of certain officers of the City of Macon.

By Mr. Boyd of Greene-
House Bill No. 349. A bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of Greene County to pay certain funds known as "The Gwinn Allison School Fund," to the Board of Education of said County, and for other purposes.

The following privileged resolutions were read and adopted:

By Senators Terrell of the 37th District, and Morris of the 39th District-
A resolution extending the privileges of the floor to Hon. Jack Williams, of Waycross, and Hon. Milton Fleetwood, of Cartersville.

By Senator Oliver of the 48th District-
A resolution extending the privileges of the floor to Hon. W. H. Dorris, of Crisp County.

THURSDAY, FEBRUARY 9, 1933.

379

By Senator Fudge of the 8th DistrictA resolution extending the privileges of the floor to Dr.
W. C. Hays, of the 8th District.
The following resolution of the House, favorably reported by the committee, was read the second time:

By Messrs. Lane of Jenkins and Pope of Tombs-
House Resolution No. 86. A resolution that the State Highway Board enter into road contracts with certain counties.
The following bills of the Senate, favorably reported by committees, were read second time:

By Senator Sisk of the 30th District-
Senate Bill No. 50. A bill to fix annual fees for licensing the operation of motor vehicles.

By Senator Fudge of the 8th District-
Senate Bill No. 106. A bill to regulate motor vehicles approaching school buses.

By Senator Oliver of the 48th District-
Senate Bill No. 13 5. A bill to amend an Act to establish the Georgia Board of Pharmacy.
By unanimous consent the Senate reconsidered its action in passing the following bill of the House:

By Mr. Burson of Barrow:
House Bill No. 318. A bill to abolish the offices of Tax Receiver and Tax Collector; to create the office of Tax Commissioner of Barrow County.
Senator Pottle of the 1Oth District asked unanimous consent that House Bill No. 147, a bill by Messrs. Bennett

380

jOURNAL OF THE SENATE,

and Vvestbrook, to combine and consolidate the govern-
mental functions and powers of the City of Albany, be withdrawn from the committee, read the second time and recommitted, and the consent was granted.
The following bill of the House, action on which had been reconsidered earlier in the session, was taken up for passage:

By Mr. Burson of Barrow-
House Bill No. 318. A bill to abolish the offices of Tax Collector and Tax Receiver of Barrow County; to create the office of Tax Commissioner.
Senator Carithers of the 27th District moved to amend the bill by striking Section 13 thereof in its entirety and renumbering the remaining sections properly.
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, nays 0.
The bill having received the requisite Constitutional majority, was passed:

By Senator Groover of the 49th District-
Senate Bill No. 31. A bill relative to court costs m certain counties.

By unanimous consent action on Senate Bill No. 31 was postponed until tomorrow, following the period of passage of local and uncontested Senate and House bills.

By Senator Cail of the 17th District-
Senate Bill No. 130. A bill to abolish the City Court of Sylvania.

THURSDAY, FEBRUARY 9, 1933.

381

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite constitutional majority, was passed.

By Senator Cail of the 17th District-
Senate Bill No. 131. A bill to amend an Act creating the Ogeechee Judicial Circuit.
The repC?rt of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite constitutional majority, was passed.

By Senator Fudge of the 8th District-
Senate Bill No. 140. A bill to prohibit the use of convicts sentenced for felonies or misdemeanors on roads 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By unanimous consent the bill was ordered immediately transmitted to the House.

By Senators Morris of the 39th District, Tuten of the 46th District, Moore of the 47th District, Lester of the 18th District, Fetzer of the 1st District, Hubbard of

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JoURNAL OF THE SENATE,

the 31st District, Lewis of the 20th District, Sparks of the 9th District-

Senate Bill No. 119. A bill to provide for further economy and efficiency in the University System by making Regents responsible for distribution of State appropriations.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 42, nays 0.

The bill having received the requisite Constitutional majority was passed.

By Senators Morris of the 39th District, Tuten of the 46th District, Knox of the 3rd District, Moore of the 47th District, Lester of the 18th District, Fetzer of the 1st District, Hubbard of the 31st District, Lewis of the 20th District, and Sparks of the 9th District-
Senate Bill No. 120. A bill to authorize Regents of the University System to change institutions, where necessary, to effect further economies, 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, nays o.
The bill havirfg received the requisite Constitutional majority, was passed.

By Senators Morris of the 39th District, Tuten of the 46th District, Moore of the 47th District, Knox of the 3rd District, Lester of the 18th District, Fetzer of the 1st District, Hubbard of the 31st District, Lewis of the 20th District, and Sparks of the 9th District-
Senate Bill No. 121. A bill to change the fiscal year of the Board of Regents of the University System.

THURSDAY, FEBRUARY 9, 1933.

383

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite Constitutional maJority, was passed.
By unanimous consent Senate Bills Nos. 119, 120 and 121 were ordered immediately transmitted to the House.
The following bill of the House was read the third time and put upon its passage:

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 375. A bill to amend the several Acts relating to Juvenile 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 42, nays 0.
The bill having received the requisite Constitutional mapority, was passed.
The following resolution of the Senate was read the third time and put upon its passage:

By Senator Knox of the 3rd District-
Senate Resolution No. 18. A resolution that a committee be appointed to investigate conditions in prison camps.
The committee offered the following amendment:
Senate Resolution No. 18 is amended by striking the sixth word of line five, page two, Paragraph "A," which is the word "two" ( 2), and substituting in lieu thereof the word "five," and also amended by striking the first word of line seven, Paragraph "A," page two, which is the word "three," and substituting in lieu thereof the word "seven,"

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JouRNAL OF THE SENATE,

so that Paragraph "A," page two, when thus amended, shall read as follows:
(a) That a committee consisting of five members of the Senate, to be appointed by the President of the Senate, and seven members of the House, to be appointed by the Speaker of the House, be appointed for the purpose of making a prompt, thorough and impartial investigation of conditions now existing in the various prison camps of the State of Georgia.

Senators Sims of the 35th District, and Turner of the 7th District, offered the following amendment:
Senate Resolution No. 18 is amended by adding thereto the following:
Section 1. That the sale of the book entitled "Georgia Nigger," by one John L. Spivak, is hereby declared to be slanderous, libelous, incendiary in its nature, and the sale of said book in the State of Georgia is hereby made a misdemeanor, and any person, firm or corporation selling said book or offering the same for sale in said State shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor.
Section 2. Be it further resolved by the Senate and the House of Representatives of said State, That we request the Representatives from said State in the United States Congress to institute such measures as shall be necessary to bar the sending of said book through the mails and by having the same transported in interstate commerce.

Senators Nelson of the 6th District, and Connor of the 14th District, offered the following amendment :
By adding at the end of the resolution a new paragraph, known as Paragraph (d).
That immediately after the investigation and hearings

THURSDAY, FEBRUARY 9, 1933.

385

are completed by the committee, that a copy of the report be filed with the Governor of Georgia for the benefit of the public and the press.

Senator Key of the 28th District offered the following amendment to the amendment of Senators Nelson of the 6th District, and Connor of the 14th District:
Moves to amend amendment to Senate Resolution No. 18, by Senators Nelson of the 6th and Connor of the 14th, by adding the following paragraph, to be known as Paragraph (e):
"That the investigation by the joint committee of Senate and House of the General Assembly provided this resolution, be in lieu of the usual and regular bi-ennial inspection of the convict camps in the several counties by the Penitentiary Committees of said bodies."
Senator Howard of the 2nd District called for the previous question on the resolution, the amendments to the resolution and the amendment to the amendment of the Senators from the 6th and 14th Districts, and the call was sustained.
The main question was ordered and the motion prevailed.
The committee amendment to the resolution was adopted.
The amendment of the Senator from the 28th District to the amendment of Senators Nelson of the 6th District and Connor of the 14th District was adopted.
The amendment of Senators Nelson and Connor was adopted.
Senators Turner of the 7th District and Sims of the 35th District asked unanimous consent to withdraw the amendment offered by them, and the consent was granted.

386

jOURNAL OF THE SENATE,

Senator Howard of the 24th District offered the following substitute:

Whereas, false and slanderous reports have been circulated in the book known as "Georgia Nigger," and by publications of articles in many newspapers attacking the prison system of Georgia; therefore be it
Resolved, That we condemn said publications as untrue.
Resolved further, That we express our confidence in the Prison Commission of Georgia and we are confident that the unfortunate prisoners in our penitentiary will be as fairly and humanely treated as circumstances will authorize.
The substitute offered by the Senator from the 24th District failed of adoption.
The question was on the adoption of Senate Resolution No. 18, as amended. The call for the ayes and nays was sustained and the roll was called and the vote was as follows:

Those voting in the affirmative were:

Alston Andrews Baggett
Boyd Boykin Cail Campbell Carithers Cason Cloud Conner Dean Dorminy

Edmondson Fetzer Groover Haralson
Howard Of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Mallett
Moore

Those voting in the negative were:

Morris of the 39th Morris of the 5th Nelson Oliver Rivers Robertson Sims Sisk Sparks Tate Terrell
Turner Tuten
Weaver

Fudge

Goldin Hogg

Lovett Paschall

On the passage of the resolution, as amended, the ayes were 40, nays 5.

THURSDAY, FEBRUARY 9, 1933.

387

The resolution, as amended, having received the requisite Constitutional majority, was passed.
By unanimous consent the resolution was ordered immediately transmitted to the House.
Senator Fetzer of the 1st District moved that when the joint session of the Senate and House adjourns today, that the Senate stand adjourned until ten o'clock tomorrow morning, and the motion prevailed.
Leave of absence was granted Senator Howard of the 2nd District for a few days.
The hour having arrived for the joint session of the Senate and House, called to hear an address by Dr. Charles H. Herty, the President of the Senate, accompanied by the Secretary of the Senate and Senators, repaired to the Hall of the House of Representatives.
The President of the Senate announced that the General Assembly was now in joint session. The Secretary of the Senate read the resolution convening the joint session. The honorary committee, appointed for the purpose, escorted Dr. Herty, who was accompanied by His Excellency, Governor Eugene Talmadge, officials of the State and distinguished guests, to the Speaker's stand. The Speaker of the House introduced Dr. Herty, who addressed the General Assembly on the subject of his experiments in making paper and other products from Georgia pine. Upon the conclusion of the address, Senator Key of the 28th District, moved that the joint session be dissolved, and the motion prevailed.
Under a motion adopted earlier in the session, the Senate stood adjourned until ten o'clock tomorrow morning.

388

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
FRIDAY, FEBRUARY 10, 1933.
The Senate met, pursuant to adjournment, at ten o'clock A. M., this day, and was called to order by the President.
Prayer was offered by the Reverend T. M. Luke, of the Christian Church.
By unanimous consent the calling of the Roll was dispensed with.
Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed wth.
The Journal was confirmed.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senators Mallett of the 26th District and Haralson of the 40th District-
Senate Bill No. 165. A bill to be entitled an Act regulating peddlers of fish.
Referred to Committee on Game and Fish.
By Senator Fetzer of the 1st District-
Senate Bill No. 166. A bill to be entitled an Act to amend Section 1087 of the Civil Code of Georgia to exempt interest in property of the State or any political subdivision from ad valorem taxes.
Referred to Committee on General Judiciary No. 1.

FRIDAY, FEBRUARY 10, 1933.

389

By Senator Oliver of the 48th District-
Senate Bill No. 167. A bill to be entitled an Act to provide for bonds of Sheriffs in certain counties.
Referred to Committee on Counties and County Matters.
The following resolution of the Senate was read and adopted:

By Senator Boykin of the 29th District-
Senate Resolution No. 63. A resolution requesting the State Auditor to furnish information relating to salaries and employees of the Department of Agriculture.

The following resolution of the Senate was read and referred to the Committee on General Judiciary No. 1:
By Senators Carithers of the 27th District, and Knox of the Third District:
Senate Resolution No. 64. A resolution requesting that committees be appointed to make a survey of all institutions supported by State Funds.
The following resolution of the Senate was read the first time and referred to the Committee on Historical Research:
By Senator Terrell of the 37th District-
Senate Resolution No. 62. A resolution requesting the State Librarian to furnish Hon. Sam P. Jones, Justice of the Peace of Troup County with a Code of Georgia.
Mr. Turner of the 7th District, Chairman of the Committee on Insurance, has submitted the following report:

Mr. President: Your Committee on Insurance, have had under consid-

390

JouRNAL OF THE SENATE,

eration the following bills of the Senate, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
Senate Bills Nos. 123 and 124.
Mr. J. G. Dean of the 11th District, Chairman of the Committee on Pensions, submitted the following report:

Mr. President:

Your Committee on Pensions have had under consideration the following bill of the Senate, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:

Senate Bill No. 3 6.

J. G. DEAN,

Chairman.

Mr. John C. Lewis of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report :

Mr. President:
Your Committee on General Judiciary No. 1 have had under consideration the following bills and resolution and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:

House Bills Nos. 37, 208, 234, 120, 110, 6, 122, 74, 159, 152, 172, 37.
House Bill No. 78 as amended.
Senate Bill No. 155.
Senate Resolution No. 59.

FRIDAY, FEBRGARY 10, 1933.

391

Mr. Sisk, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bills Nos. 203, 113, 252, 35, 111, 322, 343, 214, 191, 320, 80, 156 and 57.
Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

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

House Resolution No. 33. Senate Bill No. 99, by substitute.

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 resolution of the Senate to-wit:

By Messrs. Tuten of the 46th District, and Knox of the 3rd District-
Senate Resolution No. 15. A resolution to investigate the School Book Commission.

392

JoURNAL OF THE SENATE,

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 Mr. Hubbard of the 31st District-
Senate Resolution No. 20. A resolution asking State Board of Education to annul its new text-book contract and to make another adoption.
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. Vaughn of Rockdale-
House Resolution No. 1os. A resolution memorializ-
ing Congress to enact legislation providing for the reasonable and controlled inflation and expansion of currency and credit.

By Messrs. Simmons and Griffin of Decatur-
House Bill No. 129. A bill to amend an Act approved November 27, 1900, establishing the City Court of Bainbridge, and for other purposes.

By Messrs. Hartsfield and Eckford of Fulton-
House Bill No. 27 6. A bill providing that in all counties having a population of 200,000 or over, the County

FRIDAY, FEBRUARY 10, 1933.

393

Police therein shall serve during good behavior and efficient service under civil service rules, and for other purposes.

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 339. A bill to amend an Act to create the office of Commissioner of Roads and Revenues in and for Dodge County, and for other purposes.

By Mr. Dickerson of Clinch-
House Bill No. 379. A bill to create a Board of County Commissioners for the County of Clinch, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 433. A bill to provide that in counties of the State with a certain population the Commissioners of Roads and Revenues shall have a right to appoint Wardens, Deputy vVardens, Guards, to fix their salaries, and for other purposes.

By Messrs. Park and Defore of Bibb-
House Bill No. 434. A bill to consolidate the offices of Tax Collector and Tax Receiver of Bibb County, to create the office of Tax Commissioner of said County, and for other purposes.
The following Resolution of the Senate, favorably reported by the committee, was read the second time:

By Senator Tuten of the 46th District-
Senate Resolution No. 59. A resolution to relieve Oli-
ver Williams as surety on bond.
The following bills of the Senate, favorably reported by the committees, were read the second time:

394

JoURNAL OF THE SENATE,

By Senator Sims of the 35th District-
Senate Bill No. 3 6. A bill to exempt certain soldiers' pensions from garnishment.

By Senator Terrell of the 37th District:
Senate Bill No. 99. A bill to reduce the salaries of State officials, officers and employees, not fixed by the Constitution.

By Senators Key of the 28th District and Hogg of the 13th District-
Senate Bill No. 123. A bill relative to rights of creditors and beneficiaries under policies of life, endowment and accident insurance.

By Senators Key of the 28th District and Rivers of the 15th District-
Senate Bill No. 124. A bill to authorize non-residents to be licensed to solicit life insurance in this State; to provide for payment of a fee by any non-resident.

By Senator Oliver of the 48th District-
Senate Bill No. 155. A bill to regulate the manufacture, sale, possession, control, prescribing, administering, dispensing, cultivation and growth of narcotic drugs in Georgia.
The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Defore, Park and Gillen of Bibb-
House Bill No. 6. A bill to be entitled an Act to repeal the Act fixing the salary of special criminal bailiff for Solicitor-General approved August 24, 1929, and for other purposes.

FRIDAY, FEBRUARY 10, 1933.

395

By Mr. Duncan of Houston:
House Bill No. 35. . A bill to be entitled an Act to amend "An Act to abolish the fee system now existing in the Superior Courts of the Macon Judicial Circuit, as applied to the office of Solicitor-General of said Circuit"; approved August 9, 1922, and for other purposes.

By Messrs. Lanham, Davis and Crawford of Floyd-
House Bill No. 3 7. A bill to be entitled an Act to amend Section III of the Penal Code of Georgia of 1910 which fixes the punishment for the offiense of kidnapping for ransom to twenty ( 20) years, and for other purposes.

By Mr. Bush of Miller-
House Bill No. 57. A bill to be entitled an Act to amend an Act approved August 13, 1931, by providing that defendants in criminal cases within the jurisdiction of the City Court of Miller County shall have the right to demand indictments, and for other purposes.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 68. A bill to be entitled an Act to amend Section 4942, Code of Georgia, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 74. A bill to be entitled an Act to regulate the preparation and recording of maps or plats of survey of subdivision of tracts of land and for other purposes.

By Mr. Barrett of White-
House Bill No. 80. A bill to be entitled an Act to repeal an Act provding for the holding of three terms each

396

JoURNAL OF THE SENATE,

year of the Superior Court of White County in Northeastern Judicial Circuit; and for other purposes.

By Mr. Rogers of Wayne-
House Bill No. 110. A bill to be entitled an Act to provide for holding four terms in each year of the Superior Court of Wayne County, Georgia, and for other purposes.

By Mr. Rogers of Wayne-
House Bill No. 111. A bill to be entitled an Act to repeal an Act establishing the City Court of Jesup and for other purposes.

By Mr. Moore of Haralson-
House Bill No. 113. A bill to be entitled an Act to repeal the Act of the General Assembly creating the April and October terms of the Superior Courts of Haralson County, and for other purposes.

By Mr. Fagan of Peach-
House Bill No. 120. A bill to be entitled an Act to change the times for holding,the Superior Courts of Peach County from the first Mondays in March and September of each year to the first Mondays in April and October respectively, and for other purposes.

By Messrs. Mixon of Irwin, Hardin of Turner, Patten of Tift, Sumner and Tipton of Worth-
House Bill No. 122. A bill to provide that the SolicitorGeneral of the Tifton Judicial Circuit be placed on a salary instead of a fee basis, and for other purposes.

By Messrs. Defore, Park and Gillen of Bibb-
House Bill No. 152. A bill to punish the breaking and entering of an automobile for the purpose of committing a

FRIDAY, FEBRUARY 10, 1933.

397

larceny or felony therein as for a felony, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 15 6. A bill to be entitled an act to alter, amend and revise the several laws relating to the City Court of Savannah, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 159. A bill to amend Section 862 of the Code of Georgia of 1910, by providing for an appeal from the decision of the Board of Tax Assessors, in counties having a certain population, and for other purposes.

By Mr. King of Clay-
House Bill No. 172. A bill to be entitled an Act to reduce the official bond of the Sheriff of the County of Clay, and for other purposes.

By Mr. Williams of Bacon-
House Bill No. 191. A bill to be entitled an Act to provide for holding two terms a year of the Superior Court of Bacon County, Georgia, to prescribe the time of the holding of the same, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 203. A bill to be entitled an Act to repeal certain Acts fixing the salary of the Stenographic Reporter in certain Judicial Circuits having a city therein with not less than 65,000 inhabitants and for other purposes.
By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 208. A bill to amend an Act to abol-

398

JouRNAL OF THE SENATE,

ish the fee system in the Eastern Judicial Circuit, as applied to the office of Solicitor-General, and for other purposes.

By Messrs. Spivey and Rountree of Emanuel-
House Bill No. 214. A bill to be entitled an Act to reduce the salaries, fees and compensation of officers and employees of the City Court of Swainsboro, and for other purposes.

By Messrs. Almond and Preston of Walton:
House Bill No. 234. A bill to be entitled an Act to fix the amount of the bond of the Sheriff of Walton County, and for other purposes.

By Mr. Gaskins of Berrien-
House Bill No. 252. A bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Berrien County, Georgia; to prescribe the duration of said terms; to designate the Spring and Fall terms; and for other purposes.

By Mr. Burson of Barrow-
House Bill No. 3 20. A bill to be entitled an Act to provide for holding four ( 4) terms a year of the Superior. Court of Barrow County, and for other purposes.

By Mr. Littlefield of Charlton-
House Bill No. 322. A bill to be entitled an Act to abolish the County Court of Charlton County, to provide for referendum on same, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 343. A bill to provide for the fixing of the compensation of official court reporters of the Superior

FRIDAY, FEBRUARY 10, 1933.

399

and City Courts in counties of a certain population, and for other purposes.
Senator Tuten of the 46th District asked unanimous consent that the following bill of the House be withdrawn from the committee and recommitted to the Committee on General Judiciary No. 1, and the consent was granted:

By Mr. Williams of Bacon-
House Bill No. 191. A bill to provide for holding two terms of the Superior Court of Bacon County.
Senator Sisk of the 30th District asked unanimous consent that the following bill of the House be withdrawn from the committee and recommitted to the Committee on Special Judiciary:

By Mr. Rogers of Wayne-
House Bill No. 111. A bill to amend an Act establishing the City Court of Jesup.
The following resolution of the Senate was read and adopted unanimously by a rising vote :

By Senator Terrell of the 37th District-
Whereas, Hon. Gordon Knox must temporarily depart from our body due to physical infirmity;
Therefore, be it resolved that the entire membership of the Senate hereby express our regrets over his departure and that we hereby express the hope that he will soon experience a full return of his wonted health and strength.
Senator Knox of the 3rd District rose to a point of personal privilege and addressed the Senate expressing his regret at having to absent himself on account of his physical condition, and sever for a while the friendly ties that bound him to the membership; and to acknowledge their high

400

JouRNAL OF THE SENATE,

regard as evidenced by the unanimous resolutions passed by the Senate at this and the preceding session.
Senator Tuten of the 46th District rose to a point of personal privilege and spoke of the distinguished qualities and splendid abilities and high character of the Senator from the 3rd District.
The following bills of the House were read the third time and put upon their passage:

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 160. A bill to be entitled an Act to alter, revise, and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah.
Senator Fetzer of the 1st District moved to amend House Bill No. 160 as follows:
1st. By striking Section 26.
2nd. By striking from Section 22 the following language: "In the event of a discontinuance of any such penswn in its the said Mayor and Aldermen shall refund to such employee the amount which he may have contributed to said pension fund."
3rd. By adding another section to be known as Section 26 as follows:
Section 26. Be it further enacted by the authority aforesaid that Section 20 of the Act of the General Assembly of Georgia adopted and approved August 18, 1919, and found in Georgia Laws 1919, page 1307 entitled "An Act to alter and amend the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes as amended by an Act of the General Assembly of Georgia, adopted and approved August 16, 1920, and found in Georgia Laws 1920, page

FRIDAY, FEBRUARY 10, 1933.

401

1483," be and is hereby amended by adding at the end thereof the following:
In case of the sale of any real property liable for such assessments the owner of said property shall have the right to redeem the same in the manner and during the time now provided by existing laws for the redemption of property sold under execution for city taxes.
4th. By adding another section to be known as Section 27 as follows:

Section 27. 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.
Senator Fetzer of the First District moved to amend House Bill No. 160 by adding at the end of Section 2 thereof the following proviso:
"Provided however that nothing contained herein shall effect or apply to the office of Recorder of the Police Court of Savannah."
Amendment No. 1 offered by Senator Fetzer of the 1st District was adopted. Amendment No. 2 offered by Senator Fetzer of the 1st District 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Peters and Hill of Meriwether-
Hause Bill No. 242. A bill to be entitled an Act to repeal an Act entitled an Act to amend an Act to change the

402

JouRNAL OF THE SENATE,

compensation of the Treasurer of Meriwether County, Georgia, and for other purposes.

Mr. Culpepper of the 36th District moved to amend House Bill No. 242 by adding thereto paragraph four (4) providing that the salary of Treasurer of Meriwether County shall be fifty dollars per month payable monthly by Meriwether County after the passage of this Act.
Amend the caption of the bill by adding the words: to provide for change of salary of Treasurer of Meriwether 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 38, nays 0.
The bill as amended having received the requisite Constitutional majority, was passed.

By Mr. Johnston of Upson-
House Bill No. 244. A bill to be entitled an Act to amend, consolidate, and supersede several Acts incorporating the City of Thomaston, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By unanimous consent House Bill No. 242 and House Bill No. 244 were ordered immediately transmitted to the House.

FRIDAY, FEBRUARY 10, 1933.

403

By Messrs. Allen and Manning of Cobb-
House Bill No. 285. A bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Cobb County, Georgia; to create the office of Tax Commissioner of Cobb County, 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 36, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Allen and Manning of Cobb-
House Bill No. 286. A bill to be entitled an Act to consolidate the office of County Treasurer in and for the County of Cobb, and for other .purposes.
The committee offered the following amendment which was adopted.
By inserting in the caption of same in the last line of said caption after the word "Bond" the words "to provide referendum for same."
And also to further amend said bill by striking from the caption and the body of said bill in each and every paragraph thereof wherever the word "Consolidate" appears and inserting in lieu thereof the word "Abolish."
Further amend by striking the word "Consolidation" wherever it shall appear in each and every paragraph of said bill and inserting the word in lieu thereof "Abolition" so that said caption shall read as follows when so amended:
An Act to abolish the office of County Treasurer in and for the County of Cobb; to prescribe additional duties of the Commissioner of Roads and Revenues of Cobb County with reference to the performance of duties hereto-

404

JOURNAL OF THE SENATE,

fore imposed upon the Treasurer of said county; to make provisions for the handling and disbursement of all county funds; to provide for giving bond; to provide referendum for same; and for other purposes.
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, nays 0.
The bill as amended having received the requisite Constitutional majority, was passed.

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 147. A bill to consolidate and combine the Governmental functions and powers now vested in the City of Albany, and for other purposes:
Senator Pottle of the 1Oth District offered the following amendment to House Bill No. 147 :
Amend said Bill by inserting in the 16th section thereof, immediately after the words: "and then shall not be effective unless a majority of the qualified voters" the words: "of Dougherty County";
Also, by inserting in said section immediately after the words: "and shall a majority of the votes cast on said subject" the words: "in Dougherty County."
The amendment was adopted.
The report of the committee which was favorable to the passage of the bill as amended, was agreed to.
The ayes and nays were called for and the call was sustained, and the Roll was called and the vote was as follows :

Alston Andrews Baggett

Boyd Boykin Cail

Campbell Carithers Cason

FRIDAY, FEBRUARY 10, 1933.

405

Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer Fudge Goldin Groover Haralson Hogg

Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lovett Mallett Morris of the 39th Morris of the 5th Nelson

Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver

On the passage of the bill as amended the ayes were 48, nays 0.

The Roll Call was verified.

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

Not voting: Senator Lewis of the 20th District and Moore of the 47th District.

By Messrs Lindsay, Hudgins and Turner of DeKalb-
House Bill No. 125. A bill to authorize the Commissioners of Roads and Revenues in counties of certain population to supplement the funds of the County 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 41, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Wilson of Murray-
House Bill No. 139. A bill to abolish the office of Commissioner of Roads and Revenues of Murray County.

406

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 44, nays 0.
The bill having received the requisite constitutional majority, was passed.

By Mr. \Vilson of Murray-
House Bill No. 140. A bill to create a Board of Commissioners of Roads and Revenues of Murray County.
The report of the committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 157. A bill to repeal section 913 of the Code as to city elections.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Hartsfield, Still and Eckford of Fulton-
House Bill No. 163. 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 41, nays 0.

FRIDAY, FEBRUARY 10, 1933.

407

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

By Mr. Beasley of Tattnall-
House Bill No. 165. A bill to amend section 1225 of the Civil Code so that said section shall apply to counties of certain population.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Kennedy of Chatham-

House Bill No. 184. A bill to amend the several Acts relating to the Board of Public Education of the City of Savannah and County of Chatham.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 344. A bill to fix the salaries of officers of the Municipal Court of Macon.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

408

JouRNAL OF THE SENATE,

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

By Mr. Kelley of Elbert-
House Bill No. 311. A bill to amend an Act incorporating the City of Elberton.
The report of the committee which was. favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 345. A bill to provide for fixing the salaries of the officers 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 35, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Boyd of Greene-

House Bill No. 349. A bill to authorize the Board of Commissioners of Greene County to pay the Gwinn Allison School Fund.

The report of the committee which was favorable to the passage of the bill was agreed to.

On the passage of the bill the ayes were 34, nays 0.

The bill having received the requisite Constitutional ma-

jority, was passed.



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

FRIDAY, FEBRUARY 10, 1933.

409

By Mr. Evans of McDuffie-
Hause Bill No. 56. A bill to be entitled "An Act making it a misdemeanor for any person engaged in life or natural insurance to receive any compensation or commission on account of employment of an undertaker, etc., and for other purposes.
Referred to Committee on Insurance.

By Messrs. Bryan and Donaldson of Bulloch-
Hause Bill No. 9 5. A bill to be entitled an Act to amend
an Act approved July 28, 1923, entitled an Act to amend an Act to provide payment by Counties in this State having a certain population of actual cost incurred in Superior and Citv Courts for trial and conviction of misdemeanor convicts worked by said County; and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Wood of Towns-
House Bill No. 167; A bill to be entitled an Act to authorize the County Board of Registrars and the Ordinary in certain counties to assist the Tax Collector in registering voters, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Holt of Wilcox-
House Bill No. 221. A bill to be entitled an Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, consisting of five members, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Teasley of Cherokee, Tate of Pickens, Hamp-

410

JouRNAL oF THE SENATE,

ton of Gilmer, Black of Forsyth, Kiker of Fanning, and Allen of Cobb-
House Bill No. 319. A bill to be entitled an Act to amend an Act approved August 18, 1918, and the several Acts amendatory thereof, so as to abolish the fee system in Blue Ridge Judicial Circuit as to Solicitor General and substitute a salary in lieu thereof, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Crawford of Union-
House Bill No. 372. A bill to abolish the office of County Treasurer in and for the County of Union, to prescribe additional duties for the Ordinary of Union County, and for other purposes.
Referred to Committee on Counties and County Matters.
The following Resolutions of the House were read the first time and referred to Committee:

By Mr. Vaughn of Rockdale-
House Resolution No. 51-257A. A resolution to provide certain volumes of the Reports of the Supreme Court and Court of Appeals of Georgia to the Commissioners of Rockdale County, for the use of the Superior Court.
Referred to Committee on Historical Research.

By Mr. Vaughn of Rockdale-
House Resolution No. 105. A resolution memorializing Congress to enact legislation providing for the reasonable and controlled inflation and expansion of currency and credit.
Referred to Committee on Banks and Banking.
The following Bills of the House were read the first time and referred to Committees :

FRIDAY, FEBRUARY 10, 1933.

411

By Messrs. Simmons and Griffin of Decatur-
House Bill No. 129. A bill to amend an Act approved November 27, 1900, establishing the City Court of Bainbridge, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Hartsfield and Eckford of Fulton-
House Bill No. 27 6. A bill providing that in all counties having a population of 200,000 or over, the County Police therein shall serve during good behavior and efficient service under civil service rules, and for other purposes.
~eferred to Committee on Counties and County Matters.

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 339. A bill to amend an Act to create the office of Commissioner of Roads and Revenues in and for Dodge County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Dickerson of Clinch:
House Bill No. 379. A bill to create a Board of County Commissioners for the County of Clinch, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 433. A bill to provide that in Counties of the State with a certain population the Commissioners of Roads and Revenues shall have a right to appoint Wardens, Deputy Wardens, Guards, to fix their salaries, and for other purposes.

412

JoURNAL OF THE SENATE,

Referred to Committee on Counties and County Matters.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 434. A bill to consolidate the offices of Tax Collector and Tax Receiver of Bibb County, to create the office of Tax Commissioner of said County, and for other purposes.

Referred to Committee on Counties and County Matters.
The following Resolution of the House was read and referred to the Committee on Banks and Banking.

By Mr. Vaughn of Rockdale-
House Resolution No. 105. A resolution to memorialize Congress to provide for the reasonable and controlled expansion and inflation of currency and credit.
The Senate agreed to the following House amendment to Senate Resolution No. 20, a resolution by Senator Culpepper of the 36th District, asking the State Board of Education to annul its new text-book contract and make another adoption:
"The Committee amends Senate Resolution No. 20 by adding to the end thereof a new paragraph to be numbered "Fourth" and to read as follows: "Fourth: That if it is ascertained that said contracts cannot be legally recalled by the State Board of Education and the text-book companies affected decline to surrender their contract for cancellation, then the said State Board of Education be hereby requested to permit the use of the text-books now in use in the schools of this State as long as the supply on hand shall last, and that. it permit the recently adopted textbooks to be put into the schools gradually and only as new books are necessary."

FRIDAY, FEBRUARY 10, 1933.

413

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

By Senators Cail of the 17th District, and Lovett of the 16th District-
Senate Resolution No. 3 8. A resolution to prohibit the purchasing of automobiles by State Departments.
By unanimous consent, the above resolution, viz. Senate Resolution No. 38, was recommitted to the Committee on General Judiciary No. 2.
The following Bills of the Senate were read the third time and put upon their passage:

By Senator Sisk of the 30th District-
Senate Bill No. 50. A bill to amend the Motor Vehicle Law.
Senator Sisk of the 30th District asked unanimous consent that further action on the bill be postponed, and the consent was granted.
The following bill of the Senate was read the third time and put upon its passage:
By Senators Cloud of the 19th District and Jackson of the 21st District-
Senate Bill No. 53. A bil~ to amend Section 4906 of the
Civil Code relative to bonds of sheriffs.
The report of the committee which was favorable to the
passage of the bill was agre,ed to.
On the passage of the bill the ayes were 45, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By unanimous consent, Senate Bill No. 53, was ordered
immediately transmitted to the House.

414

jOURNAL OF THE SENATE,

The following privileged resolutions were read and adopted:

By Senator Mallett of the 26th District-
A resolution extending the privileges of the floor to the Honorable W. E. Watkins of Butts County, a former member of the General Assembly.

By Senator Knox of the 3rd District-
A resolution extendi;~g the privileges of the floor to the Honorable Newton Gaskins.

By Senator Boyd of the 33rd District-
A resolution extending the privileges of the floor to the Honorable R. Banks of Gainesville.
Leave of absence was granted Senator Moore of the 47th District until Monday, next.
Se:~ator Rivers of the 15th District moved that when the Senate adjourn today, it stand adjourned until eleven o'clock Monday morning, next.
Senator Hutcheson of the 44th District moved that the Senate adjourn and the motion prevailed.
The President announced that the Senate stood adjourned until eleven o'clock Monday morning, next.

MONDAY, FEBRUARY 13, 1933.

415

SENATE CHAMBER, ATLANTA, GA.
MoNDAY, FEBRUARY 13, 1933.
The Senate met, pursuant to adjournment, at eleven 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 Weaver of the 25th District, Chairman of the Committee on Journals reported that he had examined the Journal of the preceding session viz. the tenth inst., and found it correct.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.
The following joint resolution of the Senate was read and adopted and by unanimous consent was ordered immediately transmitted to the House:
By Senator Fetzer of the 1st District-
Senate Resolution No. 65. A resolution that a joint session of the Senate and House be held at one o'clock P. M. this day to hear an address by Dr. Willis A. Sutton, Superintendent of the public schools of Atlanta; and that a committee of two from the Senate and three from the House act as an honorarv escort to Dr. Sutton.
Senators Paschall of the 43rd District and Dean of the 11th District were appointed by the Chair as the committee of escort.

416

JouRNAL OF THE SENATE,

The following bill of the Senate was introduced, read the first time, and referred to the Committee on General Judiciary No. 2.

By Senator Terrell of the 37th District-
Senate Bill No. 168. A bill to regulate the purchase of materials, goods, and wares by departments of the State, and for other purposes.
The following bills of the House, favorably reported by the committees were read the second time:

By Messrs. Dyer and Arnall of Coweta-
House Bill No. 27. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Coweta County and creating the office of Tax CommissiOner.

By Mr. watson of Paulding-
House Bill No. 272. A bill to be entitled an Act to repeal section 695 (uu-23) volume 1 of the Code of Georgia, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 341. A bill to be entitled an Act to provide for the appointment of a County Probation Officer in counties having a certain population.
By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 346. A bill to be entitled an Act to provide that in counties of the State with a certain population, the number of Probation Officers and other officers of juvenile courts shall be subject to the approval of the County Board of Commissioners.

. MONDAY, FEBRUARY 13, 1933.

417

By Mr. Vaughn of Rockdale-
House Bill No. 361. A bill to be entitled an Act to reduce the official bond of the Sheriff of Rockdale County.

By Messrs. Hudgins, Lindsey and Turner of DeKalb-
House Bill No. 370. A bill to be entitled an Act to amend Section 695 of the Civil Code of Georgia, and for other purposes.
The following resolution of the House, favorably reported by committee was read the second time:

By Mr. Johnston of Upson-
House Resolution No. 22-7 5a. A resolution authorizing
and directing the Commissioners of Roads and Revenues to
employ the present Ordinary, J. M. Middlebrooks, of Up-
son County, to record wills, and for other purposes.
Mr. Rivers, of 15th District, Chairman of the Committee on County and County Matters, submitted the following report :

Mr. President:
Your Committee on County and County Matters have had under consideration the following bills and resolutions of the House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 27. By Messrs. Dyer and Arnall of Coweta, do pass.
House Bill No. 272. By Mr. Watson of Paulding, do pass.
House Bill No. 341. By Messrs. Park, Gillen and Defore of Bibb, do pass.

418

JOURNAL OF THE SENATE,

House Bill No. 346. By Messrs. Park, Gillen and Defore of Bibb, do pass.

House Bill No. 361. By Mr. Vaughn of Rockdale, do pass.

House Bill No. 370. By Messrs. Hudgins, Lindsey and Turner of DeKalb, do pass.
House Resolution No. 22-75a. By Mr. Johnston of Upson, do pass.

Mr. President:
Your Committee on Engrossing has read and approved
the following Senate Bill No. 53, and reports the same
back as being ready for transmission to the House.
Respectfully submitted,
w. F. ANDREWS,
Chairman.

Mr. President:
Your Committee on Enrollment has read and examined the following Acts and Resolutions originating in the Senate and report the same back as being correctly enrolled and ready for transmission by the Secretary of the Senate to the Governor:
Act No.9. Resolutions No. 15 and No. 20.
G. c. ALSTON,
Chairman.

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

MoNDAY, FEBRUARY 13, 1933.

419

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

By Mr. Childs of Taylor-
House Bill No. 84. A bill creating a County Depository in and for the County of Taylor and for keeping records relative thereto, and for other purposes.

By Messrs. Burson of 'Barrow and Allen of Jackson-
House Bill No. 171. A bill to require certain county officers in counties having a certain population to make and deliver to the Ordinary of the county monthly financial statements reflecting the financial condition and affairs of the offices held by them, and for other purposes.

By Mr. Holt of Wilcox-
House Bill No. 222. A bill to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, and for other purposes.

By Messrs. Sumner and Tipton of vVorth-
House Bill No. 249. A bill to consolidate the offices, duties and powers of the Tax Receiver and Tax Collector of the County of Worth, State of Georgia, and for other purposes.

By Messrs. Sumner and Tipton of Worth-
House Bill No. 250. A bill to amend the act entitled "An Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County;" and for other purposes.

By Mr. Dixon of PierceHouse Bill No. 316. A bill to repeal an Act entitled:

420

JouRNAL oF THE SENATE,

"An Act to regulate the shooting of quail in Pierce County, Georgia, and for other purposes.

By Messrs. Still, Eckford and Hartsfield of Fulton-
House Bill No. 317. A bill to repeal an Act approved August 18, 1925, providing a pension system for members of Police Departments in cities of a certain population, 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 Bills of the House, to-wit:

By Mr. Courson of Brantley-
House Bill No. 334. A bill to amend an Act entitled an Act to abolish the office of County Treasurer of Brantley County, Georgia; to provide the manner of appointment of some bank or banks or person to whom County funds shall be turned over, and for other purposes.

By Mr. Hodges of Liberty-
House Bill No. 364. A bill to repeal Section 34 of an Act of the General Assembly of Georgia, approved August 8, 1924, entitled an Act to revise and amend the Game and Fish laws of the State of Georgia, and for other purposes.

By Mr. Dickerson of Clinch-
House Bill No. 3.82. A bill to amend Charter of the City of Homerville, and for other purposes.

By Mr. Dixon of PierceHouse Bill No. 410. A bill to allow the qualified electors

MONDAY, FEBRUARY 13, 1933.

421

residing in Blackshear, Georgia, Pierce County, to vote for the County Superintendent of Schools, and for other purposes.

By Mr. Dixon of Pierce-
House Bill No. 411. A bill to provide that in the counties of this State having a certain population the residents of independent school systems shall have the right to vote in primaries and elections for County School Superintendent, and for other purposes.

By Mr. Rabun of Jefferson-
House Bill No. 413. A bill to amend an Act approved December 18, 1900, entitled an Act to consolidate, amend and supersede the several Acts incorporating the Town of Louisville, 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!Slte Constitutional majority the following Bills of the House, to-wit:
By Mr. Lane of Jenkins-
House Bill No. 412. A bill to reduce the Official Bond of the Sheriff of Jenkins County, and for other purposes.

By Mr. Minchew of Atkinson-
House Bill No. 41 7. A bill to provide for the employment of County Agricultural Agent and Home Demonstration Agent, for County of Atkinson, to provide for their pay, and for other purposes.

422

JoURNAL OF THE SENATE,

By Mr. Patten of Tift-
House Bill No. 424. A bill to amend Section 11 of an Act approved August 15, 1927, entitled an Act to abolish the office of Tax Receiver and Tax Collector of Tift County and to create the office of Tax Commissioner and for other purposes.

By Mr. Patten of Tift-
House Bill No. 425. A bill to abolish the office of County Treasurer of Tift County, Georgia, and to provide in what manner the funds of said County shall be deposited and disbursed, and for other purposes.

By Mr. Montgomery of Webster-
House Bill No. 428. A bill to amend an Act approved August 28, 1931, entitled an Act to create the office of Commissioner of Roads and Revenue of the County of Webster, and for other purposes.

By Mr. Clements of Wheeler-
House Bill No. 438. A bill to amend an Act entitled an Act to incorporate the town of Alamo, by amending Section 4 and Section 18, 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 of the House, to-wit:

By Mr. Comas of Appling-
House Bill No. 440. A bill to amend an Act to create a new charter for the City of Baxley, approved August 21, 1911, and for other purposes.

MoNDAY, FEBRUARY 13, 1933.

423

By Mr. Courson of Brantley-
Hause Bill No. 443. A bill to amend an Act approved August 14, 1931, providing for a Tax Commissioner for Brantley County, Georgia, and for other purposes.

By Mr. Courson of Brantley-
Hause Bill No. 444. A bill to amend an Act approved July 19, 1927, entitled an Act to create the office of Commissioners of Roads and Revenues of the County of Brantley; and for other purposes.

By Mr. Rawlins of Telfair-
Hause Bill No. 445. A bill to amend Section 695 of the Civil Code of Georgia of 1910, and all Acts amendatory thereof, so as to vest a discretion in the Commissioners of Roads and Revenues of certain counties, pertaining to road duty and road taxes; and for other purposes.
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 Mr. Fetzer of the 1st-
Senate Resolution No. 65. Providing a joint session of the General Assembly at 1 :00 o'clock Monday afternoon, February 13, 1933 for the purpose of hearing an address by Dr. Willis A. Sutton.
The Speaker has appointed as a Committee of Escort on the part of the House the following members of the House, to-wit:
Messrs. Edwards of Stephens, Martin of Jeff Davis, and Persons of Talbot.


424

JouRNAL OF THE SENATE,

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

By Mr. Childs of Taylor-
House Bill No. 84. A bill creating a County Depository in and for the County of Taylor and for keeping records relative thereto, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Burson of Barrow and Allen of Jackson-
House Bill No. 171. A bill to require certain county officers in counties having a certain population to make and deliver to the Ordinary of the county monthly financial statements reflecting the financial condition and affairs of the offices held by them, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Holt of Wilcox-
House Bill No. 222. A bill to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Sumner and Tipton of Worth-
House Bill No. 249. A bill to consolidate the offices, duties and powers of the Tax Receiver and Tax Collector of the County of Worth, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Sumner and Tipton of Worth-
House Bill No. 250. A bill to amend the act entitled "An Act to create and establish a Board of Commissioners of Roads and Revenues of \Vorth County;" and for other purposes.

MoNDAY, FEBRUARY 13, 1933.

425

Referred to Committee on Counties and County Matters.

By Mr. Dixon of Pierce-
House Bill No. 316. A bill to repeal an Act entitled "An Act to regulate the shooting of quail in Pierce County, Georgia;" and for other purposes.
Referred to Committee on Game and Fish.

By Messrs. Still, Eckford and Hartsfield of Fulton-
House Bill No. 317. A bill to repeal an Act approved August 18, 192 5, providing a pension system for members of police departments in cities of a certain population, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Courson of Brantley-
House Bill No. 334. A bill to amend an Act entitled an Act to abolish the office of County Treasurer of Brant ley County, Georgia; to provide the manner of appointment of some bank or banks or person to whom County funds shall be turned over, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Hodges of Liberty-
House Bill No. 364. A bill to repeal Section 34 of an Act of the General Assembly of Ge.orgia, approved August 8, 1924, entitled an Act to revise and amend the Game and Fish laws of the State of Georgia, and for other purposes.
Referred to Committee on Game and Fish.

By Mr. Dickerson of Clinch-
House Bill No. 382. A bill to amend Charter of the City of Hometville, and for other purposes.

426

JOURNAL OF THE SENATE,

Referred to Committee on Municipal Government.

By Mr. Dixon of Pierce-
House Bill No. 410. A bill to allow the qualified electors residing in Blackshear, Georgia, Pierce County, to vote for the County Superintendent of Schools, and for other purposes.
Referred to Committee on Education.

By Mr. Dixon of Pierce-
House Bill No. 411. A bill to provide that in the counties of this State having a certain population the residents of independent school systems shall have the right to vote in primaries and elections for County School Superintendent, and for other purposes.
Referred to Committee on Education.

By Mr. Rabun of Jefferson-
House Bill No. 413. A bill to amend an Act approved December 18, 1900, entitled an Act to consolidate, amend and supersede the several Acts incorporating the Town of Louisville, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Lane of Jenkins-
House Bill No. 412. A bill to reduce the Official Bond of the Sheriff of Jenkins County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Minchew of Atkinson-
House Bill No. 41 7. A bill to provide for the employment of County Agricultural Agent and Home Demon-

MoNDAY, FEBRUARY 13, 1933.

427

stration Agent, for County of Atkinson, to provide for their pay, and for other purposes.
Referred to Committee on Agriculture.

By Mr. Patten of Tift-
House Bill No. 424. A bill to amend Section 11 of an Act approved August 15, 1927, entitled an Act to abolish the office of Tax Receiver and Tax Collector of Tift County and to create the office of Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Patten of Tift-
House Bill No. 425. A bill to abolish the office of County Treasurer of Tift County, Georgia, and to provide in what manner the funds of said County shall be deposited and disbursed, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Montgomery of Webster.
House Bill No. 428. A bill to amend an Act approved August 28, 1931, entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Webster, and. for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Clements of Wheeler-
House Bill No. 438. A bill to amend an act entitled an Act to incorporate the town of Alamo, by amending Section 4 and Section 18, and for other purposes.
Referred to Committee on Municipal Government.

428

JoURNAL OF THE SENATE,

By Mr. Comas of Appling-
House Bill No. 440. A bill to amend an Act to create a new charter for the City of Baxley, approved August 21, 1911, and for other purposes.
Referred to Committee on Municipal GovernmenL

By Mr. Courson of Brantley-
House Bill No. 443. A bill to amend an act approved August 14, 1931, providing for a Tax Commissioner for Brantley County, Georgia, and for other purposes.

Referredto Committee on Counties and County Matters.

By Mr. Courson of Brantley-
Hause Bill No. 444. A bill to amend an Act approved July 19, 1927, entitled an Act to create the office of Commissioners of Roads and Revenues of the County of Brantley, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Rawlins of Telfair-
Hause Bill No. 445. A bill to amend Section 695 of the Civil Code of Georgia of 1910, and all Acts amendatory \thereof, so as to vest a discretion in the Commissioners of Roads and Revenues of certain Counties, pertaining to road duty and road taxes, and for other purposes.
Referred to Committee on Counties and County Matters.
The following bills of the House were read the third time and put upon their passage :

By Mr. Duncan of Houston-
House Bill No. 35. A bill to amend an Act to abolish the fee system now existing in the Superior Courts of the

MoNDAY, FEBRUARY 13, 1933.

429

Macon Judicial Circuit, as applied to the office of SolicitorGeneral of said Circuit; approved August 9, 1922, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Barrett of White-
House Bill No. 80. A bill to repeal an Act providing for the holding of three terms each year of the Superior Court of White County in Northeastern Judicial Circuit, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Moore of Haralson-
House Bill No. 113. A bill to repeal the Act of the General Assembly creating the April and October terms of the Superior Courts of Haralson 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 45, nays 0.
The bill having received the requisite Constitutional majority, was passed.

430

JOURNAL OF THE SENATE,

By Mr. Fagan .of Peach-

House Bill No. 120. A bill to change the times for holding the Superior Courts of Peach County from the first Mondays in March and September of each year to the first Mondays in April and October respectively, 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, nays 0.

The bill having received the requisite Constitutional ma-

jority, was passed.



By Messrs. Mixon of Irwin, Hardin of Turner, Patten of Tift, Sumner and Tipton of Worth-

House Bill No. 122. A bill to provide that the Solicitor-General of the Tifton Judicial Circuit be placed on a salary instead of a fee basis, 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, nays 0.

The bill having received the requisite Constitutional ma-

jority, was pas.sed.

'

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 15 6. A bill to alter, amend and revise the several laws relating to the City Court of Savannah, 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 46, nays 0.
The bill having received the requisite Constitutional majority, was passed.

MONDAY, FEBRUARY 13, 1933.

431

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 159. A bill to amend Section862 of the Code of Georgia of 1910, by providing for an appeal from the decision of the Board of Tax Assessors, in counties having a certain population, 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. King of Clay-
House Bill No. 172. A bill to reduce the official bond of the Sheriff of the County of Clay, 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 203. A bill to repeal certain Acts fixing the salary of the stenographic reporter in certain Judicial Circuits having a city therein with not less than 65,000 inhabitants, 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

432

JoURNAL OF THE SENATE,

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 208. A bill to abolish the fee system in the Eastern Judicial Circuit, as applied to the office of Solicitor-General, 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 45, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Spivey and Rountree of Emanuel-
House Bill No. 214. A bill to reduce the salaries, fees and compensation of officers and employees of the City Court of Swainsboro, 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Almond and Preston of Walton-
House Bill No. 234. A bill to fix the amount of the Bond of the Sheriff of Walton 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 44, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

:ay Mr. Gaskins of BerrienHouse Bill No. 252. A bill to provide for holding four

MoNDAY, FEBRUARY 13, 1933.

433

terms a year of the Superior Court of Berrien County, Georgia; to prescribe the duration of said terms; to designate the Spring and Fall 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 45, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Burson of Barrow-
House Bill No. 320. A bill to provide for holding four terms a year of the Superior Court of Barrow 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 44, nays 0.
The bill, having received the requisite Constitutional majority, was passed.
By Mr. Littlefield of Charlton-
House Bill No. 322. A bill to abolish the County Court of Charlton County; to provide for referendum on same, 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 45, 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 Senators Pottle of the 1Oth District, Sims of the 35th

434

JoURNAL OF THE SENATE,

District, Sisk of the 30th District, and Key of the 28th District-
Senate Bill No. 63. A bill to amend Section 4044 of the Civil Code relative to title to property set apart.
Senator Lewis of the 20th District called for the Previous question and the call was sustained. The main question was ordered and the motion prevailed.
The question was on agreeing to the report of the Committee, which was favorable to the passage of the bill, and the ayes were 18, nays 12. The bill failed to receive the requisite Constitutional majority and was lost.
The following resolution of the Senate was read and adopted:

By Senator Jackson of the 21st DistrictSenate Resolution No. 66, as follows, to-wit:

A RESOLUTION

Whereas, On Saturday, February 11, 1812, Alexander Hamilton Stephens was born near Crawfordville, Taliaferro County, Georgia, and
Whereas, he graduated at the University of Georgia, in 1832, and having taught school for eighteen months and studying law, was admitted to the bar at Crawfordville, Georgia in 1834, and
Whereas, he was elected to the Legislature in 1836, and remained in the House until 1843, at which time he was elected to Congress, in which place he remained until March 4, 1859, and
Whereas, after the Confederate Government was organized at Montgomery, Alabama, he was elected for VicePresident of the Confederate States and remained in that position for four years, and

MoNDAY, FEBRUARY 13, 1933.

435

Whereas, after serving ten years in Congress after 'the War Between the States, he was elected Governor of Georgia, and after serving a few months died on March 4, 1883, loved not only by the Southern people but by thousands of people throughout the country, and
Whereas, the late United States Senator, Honorable
Thomas E. Watson, who was a member of the Georgia
House of Representatives at that time, as one of the Legislative Memorial Committee said:
"He fell asleep like a child weary and worn. Great nature the common mother holds him tenderly to her bosom. When he shall awaken it is inspiring to believe that he shall greet the morning in a land where there is no night, where the skies are undimmed by a cloud, where the feet bleed upon no pathway of stones, and the head wears no crown of thorns," and
Whereas, his impetuous and brilliant friend of a life time, the Hon. Robert Toombs, standing by Mr. Stephens' grave said:
"His acts are written in letters of gold. He was the child of the State, the child of the Republic; yes, the child of humanity; and his was one of the few immortal names that were not born to die. He took his mission from his conscience-The voice of God," and
Whereas, The statue of Alexander Hamilton Stephens was unveiled in the United State's Capitol at Washington, D. C. on December 8, 1927, therefore
Be it Resolved, That this Senate adjourn out of respect for this illustrious statesman, five minutes before one o'clock today and reconvene at one o'clock in order to meet in Joint session in the Haq of the House of Representatives to hear an address by Dr. Sutton.
Be it Further Resolved that this preamble and resolution be entered on the Journal of the Senate.

436

JouRNAL OF THE SENATE,

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

By Senator Tuten of the 46th District-
Senate Resolution No. 59. A resolution to relieve Oliver Williams 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, nays 0.
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 Sims of the 35th District-
Senate Bill No. 36. A bill to exempt the penswns of certain veterans from garnishment.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 33, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senators Haralson of the 40th District, Sisk of the 30th District, Sims of the 35th District, Pottle of the lOth District, and Key of the 28th District-
Senate Bill No. 60. A bill to amend Section 4198 of the Civil Code relative to recording deeds.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.

MONDAY, FEBRUARY 13, 1933.

437

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

By Senators Key of the 28th District, Pottle of the lOth District, and Sims of the 35th District-
Senate Bill No. 61. A bill to amend Section 3929 of the Civil Code relative to descent to heirs.
Senator Sisk of the 30th District offered the following amendment:
Amend Senate Bill No. 61 by adding thereto the following: That any executor who shall fail or refuse to probate a will within 7 years from the death of the testator shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law for the punishment thereof.
The amendment was adopted.
The question was on agreeing to the report of the committee, which was favorable to the passage of the bill.
The ayes were 2, nays 35, and the report of the committee was not agreed to, and the bill was lost.
The following bills of the House were read the third time and put upon their passage:

By Messrs. Defore, Park and Gillen of Bibb-
House Bill No. 6. A bill to repeal 'the Act fixing the salary of special bailiff for Solicitor-General.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 44, nays 0.
The bill having received the requisite Constitutional majority, was passed.

438

JoURNAL OF THE SENATE,

By Mr. Defore of Bibb-
House Bill No. 10. A bill to authorize the Commissioners or Ordinaries in certain counties to fix the salary of County Treasurer.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 44, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 343. A bill to fix the salary of the official court reporter in Superior and City Courts in counties of certain population.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 44 nays 0.
The bill having received the requisite Constitutional majority was passed.

By unanimous consent it was moved that when the Senate adjourns today at the conclusion of the joint session of the Senate and House, that the Senate stand adjourned until 10 :00 o'clock tomorrow morning.
Senator Hubbard of the 31st District asked unanimous consent that the following bill of the Senate be. postponed until after consideration of House Bill No. 1, a similar bill now on the Senate calendar for passage, and the consent was granted:

Senate Bill No. 67. By Senator Morris of the 39th District, providing that the State. Highway Department repay its indebtedness to counties.

MONDAY, FEBRUARY 13, 1933.

439

Senate Bill No. 82. By Senator Tuten of the 46th District, a hill to amend the Constitution to provide for a total divorce by one verdict, was read the third time and put upon its passage, hut the hour of adjournment arrived, and the hill went over to the period of Unfinished Business, tomorrow.
Senator Tuten of the 46th District asked unanimous consent that House Bill No. 110, a hill by Mr. Rogers of Wayne, to provide for holding four terms of Superior Court in Wayne County, he recommitted to the Committee on General Judiciary No. 1, and the consent was granted.

The hour having arrived for the joint session of the Senate and House, called to hear an address by Dr. Willis A. Sutton, Superintendent of the Atlanta schools, the Presi dent of the Senate, accompanied by the Secretary of the Senate and the Senators, repaired to the Hall of the House of Representatives. The President of the Senate announced that the General Assembly was now in joint session and the Secretary of the Senate read the resolution convening the joint session. The honorary committee, appointed for the purpose, escorted Dr. Sutton, accompanied by Governor Talmadge and distinguished guests, to the Speaker's stand. The President of the Senate introduced Dr. Sutton, who addressed the General Assembly.

Under a motion adopted earlier in the session the Senate stood adjourned until ten o'clock tomorrow morning.

440

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
TuESDAY, FEBRUARY 14, 1933.
The Senate met, pursuant to adjournment, at ten 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.
Senate Weaver of the 25th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
' Senator Paschall of the 43rd District gave notice that he would move that the Senate reconsider its action in failing to pass Senate Bill No. 63, a bill to amend Section 4044 of the Code relative to property set apart for year's support.
Senator Jackson of the 21st District gave notice that he would move that the Senate reconsider its action in passing House Bill No. 122, a bill to place the Solicitor-General of the Judicial Circuit of Tifton on a salary basis.
By unanimous consent the reading of the Journal was dispensed with.
The following resolution of the Senate was read and referred to the Committee on Education:
Bv Senators McWhorter of the 50th District, and Hubbard of the 31st District-
Senate Resolution No. 68. A resolution to amend the Constitution to authorize counties to levy taxes in independent school districts.

TUESDAY, FEBRUARY 14, 1933.

441

The following resolution of the Senate was read and adopted:

By Senator Fetzer of the 1st District-
Senate Resolution No. 67. A resolution that the Senate and House meet in joint session in the Hall of the House of Representatives at 12:30 o'clock on the 15th instant to hear an address by the Honorable Sennett Conner, Governor of Mississippi; that the President of the Senate and the Speaker of the House, respectively, appoint a committee of nine on the part of the Senate and nine on the part of the House as an honorary escort to Governor Conner.

The President appointed on the part of the Senate:
Senators Fetzer of the 1st District, Key of the 28th District, Paschall of the 43rd District, Rivers of the 15th District, Carithers of the 27th District, Tate of the 41st District, Tuten of the 46th District, Sisk of the 30th District, and Conner of the 14th District.
By unanimous consent Senate Resolution No. 67 was ordered immediately transmitted to the House.
The following bills of the Senate were introduced, read the first time and referred to committees:

By Senator Boyd of the 33rd District-
Senate Bill No. 169. A bill to consolidate the office of Tax Collector of Hall County; to create the office of Tax Commissioner.
Referred to Committee on Counties and County Matters.

By Senator Hubbard of the 31st District-
Senate Bill No. 170. A bill to define Building and Loan Associations; to provide for incorporating same.

442

JoURNAL OF THE SENATE,

Referred to Committee on Industrial Relations.

By Senator Sims of the 35th District-
Senate Bill No. 171. A bill to amend Section 1036 of the Criminal Code to permit defendant in criminal cases to testify in his own behalf.
Referred to Committee on General Judiciary No. 2.
Senator Fetzer of the 1st District asked unanimous consent that House Bill No. 20, a bill to authorize railroads to sell or lease their property to other railroads, be withdrawn from the Committee on Corporations and recommitted to the Committee on Public Utilities as a Senate bill of the same tenor, viz. Senate Bill No. 46, is in the latter committee, and the consent was granted.
Mrs. Susie T. Moore of the 47th District, Chairman of the Committee on Public Library, submitted the following report:

Mr. President:
Your Committee on Public Library have had under consideration the following Resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 42.
SENATOR SusiE T. MooRE.

Mr. Carithers of the 27th District, Chairman of the Committee on State of the Republic, submitted the following report:

Mr. President:
Your Committee on State of the Republic have had under consideration the following bill of the Senate and House

TUESDAY, FEBRUARY 14, 1933.

443

bill and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 62 do pass by substitute.
Senate Bill No. 142 do pass.
Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

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

House Resolution No. 37-182a do pass.
House Bill No. 38 do pass. Senate Bill No. 11 do pass. Senate Bill No. 22 do pass. Substitute for Committee Substitute for Senate Resolution No. 38 do pass. Committee Substitute for Senate Bill No. 40 do pass.

Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 36 and 60 and Senate Resolution No. 59, and report the same back as being ready for transmission to the House.
Respectfully submitted,
W. F. ANDREWS, Chairman.

Mr. Rivers of the 15th District, Chairman of the Com-

444

jOURNAL OF THE SENATE,

mittee on Counties and County Matters, submitted the following report:

!vir. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 95, by Messrs. Bryan and Donaldson of Bulloch, do pass.
House Bill No. 433, by Messrs. Park, Gillen and Defore of Bibb, do pass.
House Bill No. 434, by Messrs. Park and Defore of Bibb, do pass.

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

!vir. President:
The House has agreed to the Senate amendments to the following bills of the House, to-wit:

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 147. A bill to be entitled an Act to consolidate and combine the governmental functions and powers now vested in and exercised by the City of Albany and the authorities thereof, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 160. A bill to be entitled an Act to alter, revise and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.

TUESDAY, FEBRUARY 14, 1933.

445

By Messrs. Peters and Hill of Meriwether-
Hause Bill No. 242. A bill to be entitled an Act to repeal an Act entitled an Act to amend an Act to change the compensation of the Treasurer of Meriwether County, Georgia, and for other purposes.

By Messrs. Allen and Manning of Cobb-
House Bill No. 286. A bill to be entitled an Act to consolidate the office of County Treasurer in and for the County of Cobb, and for other purposes.

By Mr. Burson of Barrow-
House Bill No. 318. A bill to be entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Barrow County, Georgia; to create the office of Tax Commissioner of Barrow 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 requtstte Constitutional majority the following bills of the House, to-wit:

By Mr. Burson of Barrow-
House Bill No. 321. A bill to be entitled an Act to abolish the office of County Treasurer of Barrow County, Georgia; to provide for the selection of a County Depository, ~nd for other purposes.

By Mr. Hudgins of DeKalb-
House Bill No. 34. A bill to be entitled an Act to extend period of redemption of lands sold by Counties and

446

}OURNAL OF THE SENATE,

Municipalities as provided in Section 1169, Civil Code of Georgia, and for other purposes.

By Mr.. Dobbins of Morgan-
House Bill No. 59. A bill to be entitled an Act to regu-
late the expenses of all State employees, and for other purposes.

By Mr. Eckford of Fulton-
House Bill No. 115. A bill to be entitled an Act to provide safeguards for workmen on building construction in counties with a certain population, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

J,fr. President:
The House has agreed to the Senate substitute, as amended, to the following bill of the House, to-wit:

By Messrs. Harris of Richmond, and Scott of Thomas-
House Bill No. 182. A bill to be entitled an Act to fix the license fees for motor vehicles operated on the public . highways of this State, and for other purposes.

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 resolution of the Senate, to-wit:

By Mr. Fetzer of the 1st DistrictSenate Resolution No. 67. A resolution providing for

TuESDAY, FEBRUARY 14, 1933.

447

a joint session of the Senate and House of Representatives on Wednesday, February 15, 1933, to hear an address by Han. Sennett Conner, Governor of Mississippi, and for other purposes.
The Speaker has appointed as a Committee of Escort on the part of the House, the following members of the House, to-wit:
Messrs. Flynt of Spalding, Ennis of Baldwin, Mundy of Polk, Spivey of Emanuel, Arnall of Coweta, Harris of Richmond, Beasley of Tattnall, Tipton of Worth, and Dickey of Gordon.
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 Seriate, to-wit:

By Mr. Sims of the 35th District-
Senate Bill No. 104. A bill to repeal the present pension law for police department in cities of 15 0,000 population and to provide a new pension law with a maximum pension of $60.00 per month, and for other purposes.
By Mr. Fudge of the 8th District -
Senate Bill No. 27. A bill to amend an Act creating- a Charter for the City of Colquitt, and to be found in the Acts of the General Assembly of August 7, 1915, as amended by an Act found in the Acts of the General Assembly for the year 1924 which was approved on July 18, 1924, by prescribing the salary of the Mayor of the City of Colquitt, Georgia, and for other purposes.
The following bills of the House, favorably reported by committees, were read the second time:

448

JoURNAL OF THE SENATE,

By Messrs. Lanham, Davis and Crawford of Floyd-
House Bill No. 38. A bill to amend Section 260 of the Penal Code of Georgia for 1910 relating to the punishment for the offense of perjury.

By Mr. Allen of Jackson-
House Bill No. 62. A bill to amend an Act entitled "An Act to simplify the operations of the executive branch of the State Government by abolishing certain offices, boards, departments, commissions and institutions; creating others."

By Messrs. Bryan and Donaldson of Bulloch-
House Bill No. 95. A bill to amend an Act approved July 28, 1923, entitled an Act to amend an Act to provide payment by counties in this State having a certain population of actual cost incurred in Superior and City Courts for trial and conviction of misdemeanor convicts worked by said County, and for other purposes.

By Messrs. Park, Gillen and DeFore of Bibb-
House Bill No. 433. A bill to provide that in counties of the State with a certain population the Commissioners of Roads and Revenues shall have a right to appoint Wardens, Deputy Wardens, Guards, and fix their salaries, and for other purposes.

B"'y Messrs. Park and Defore of Bibb-
House Bill ]\To. 434. A bill to consolidate the offices ol Tax Collector and Tax Receiver of Bibb County, and to create the office of Tax Commissioner of said County, to fix the term of said officers and provide for his election in November of 1934, and for other purposes.
The following bills of the Senate, favorably reported by committees, were read the second time:

TUESDAY, FEBRUARY 14, 1933.

449

By Mr. Jackson of the 21st District, and Mr. Terrell of the 37th District-
Senate Bill No. 22. A bill to amend Section 5265 of
the Civil Code relative to exemption from garnishment.

By Mr. Sims of the 35th District-
Senate Bill No. 40. A bill to regulate the practice and procedure in trials of criminal cases in this State, and for other purposes.

By Mr. Rivers of the 15th District, Mr. Dorminy of the 45th District, Dean of the 11th District, Cail of the 17th District, and Morris of the 5th District-
Senate Bill No. 142. A bill to amend an Act establishing a State Board of Medical Examiners approved August 18, 1913, as amended by an Act entitled an Act to abolish the present State Board of Medical Examiners and to establish a composite Board of Medical Examiners for the State of Georgia, defining its duties and powers; to protect the people from illegal and unqualified practitioners of medicine and surgery, as approved August 20, 1918, so as to amend the caption of said Act, and for other purposes.

The following resolutions of the House, favorably reported by committees, were read the second time:

By Mr. Keown of Whitfield-
House Resolution No. 37-182a. A re~olution to relieve surety on a bond, and for other purposes.

By Messrs. Longley and Davis of Tro_up-
House Resolution No. 42B-222A. A resolution to provide a Library for Hon. Lee B. Wyatt, Judge of Superior Court of Coweta Circuit.

450

JoURNAL OF THE SENATE,

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

By Mr. Burson of Barrow-
House Bill No. 321. A bill to be entitled an Act to abolish the office of County Treasurer of Barrow County, Georgia; to provide for the selection of a County Depository, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Hudgins of DeKalb-
House Bill No. 34. A bill to be entitled an Act to extend period of redemption of lands sold by Counties and Municipalities as provided in Section 1169, Civil Code of Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Dobbins of Morgan-
House Bill No. 59. A bill to be entitled an Act to reg-
ulate the expenses of all State employees, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Mr. Eckford of Fulton-
House Bill No. 115. A bill to be entitled an Act to
provide safeguards for workmen on building construction in counties with a certain population, and for other purposes.

Referred to Committee on Industrial Relations.
The following resolution of the House was read the third time and put upon its passage:

TUESDAY, FEBRUARY 14, 1933.

451

By Mr. Johnston of Upson-
House Resolution No. 22-75A. Authorizing Commissioners of Upson County to employ Ordinary to put unrecorded wills on record.
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, nays 0.
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 Lewis of the 20th District-

Senate Bill No. 141. A bill to be entitled an Act to

repeal an Act entitled ~n Act to create the City Court 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 39, 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. Dyer and Arnall of Coweta-
House Bill No. 27. A bill to abolish the office of Tax Receiver and Tax Collector of Coweta County; to create County Commissioners.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 49, nays 0.

452

JoURNAL OF THE SENATE,

The bill having received the requisite Constitutional rna jority, was passed.

By Mr. Watson of Paulding-
House Bill No. 272. A bill to repeal Section 69 5 of
the Code relating to road taxes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite Constitutional rna jority, was passed.

By Mr. Vaughn of Rockdale-
House Bill No. 361. A bill to reduce the bond of the Sheriff of Rockdale County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 49, nays 0.
The bill having received the requisite Constitutional rna jority, was passed.

By Messrs. Hudgins, Lindsay and Turner of DeKalb-
House Bill No. 370. A bill to amend Section 695 of the Civil Code as 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 38, nays 0.
The bill having received the requisite Constitutional rna jority, was passed.
The following privileged resolution was read and adopted:

TuESDAY, FEBRUARY 14, 1933.

453

By Senator Alston of the 12th District-
A resolution extending the privileges of the floor to Mrs. D. G. Bland and Miss Harriett Bland, wife and daughter of a distinguished member of the House from Stewart County and to Miss Elizabeth Hobbs of Stewart County.
Senator Paschall of the 43rd District moved that the Senate reconsider its action in failing to pass the following bill of the Senate:

By Senators Pottle of the lOth District, Sims of the 35th District, Sisk of the 30th District, and Key of the 28th District-

Senate Bill No. 63. A bill to amend Section 4044 of the Code relative to property set apart for year's support.

The call for the ayes and nays was sustained and the roll was called and the vote was as follows:

Those voting in the affirmative were:

Alston

Howard of the 2nd Oliver

Andrews

Hubbard

Paschall

Cail

Hutcheson

Pottle

Cason

Key

Robertson

Edmondson

Lewis

Sims

Goldin

Lovett

Sisk

Groover

Moore

Terrell

Hogg

Nelson

Turner

Tuten

Those voting in the negative were :

Baggett Boyd Boykin Carithers Cloud

Culpepper Dorminy Fudge Howard of the 24th Jackson

Lester Morris of the 39th Sparks Weaver

The ayes were 25, nays 14. The roll call was verified.
The motion to reconsider prevailed and the bill, viz. Senate Bill No. 63, was restored to its place at the foot of the calendar of bills for third reading.

454

JOURNAL OF THE SENATE,

Not voting: Senators Campbell of the 34th District, Colson of the 4th District, Conner of the 14th District, Dean of the 11th District, Fetzer of the 1st District; Haralson of the 40th District, Knox of the 3rd District, Mallett of the 26th District, Rivers of the 15th District, Morris ofthe 5th District, and Tate of the 41st District.
Senator Jackson of the 21st District asked unanimous consent that the Senate reconsider its action in passing House Bill No. 122, a bill to place the Solicitor-General of the Tifton Judicial Circuit on a salary basis, for the purpose of inserting an amendment which was inadvertently omitted, and the consent was granted.
Senator Jackson of the 21st District moved that the rules be suspended and that House Bill No. 122 be taken up for passage, and the motion prevailed.
Senator Moore of the 47th District offered the following amendment: By striking out $3,250.00 in Section 2, and wherever the same appears in said bill, and inserting in lieu thereof $3,000.00.
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, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By unanimous consent the bill was ordered immediately transmitted to the House.
The Committee of Conferente on House Billl No. 182 submitted the following report, which was read and adopted:

TUESDAY, FEBRUARY 14, 1933.

455

MR. PRESIDENT, MR. SPEAKER:
Your Committee on Conference has had under consideration House Bill No. 182, known as the Tag Tax Bill, and beg leave to report that the committee is unable to agree and beg leave to be discharged from further consideration of the bill. This February 13, 1933.
On the part of the Senate:
W. H. LOVETT of 16th. LEWIS of 20th. NELSON of 6th.
On the part of the House:
STONEWALL DYER of Coweta. RAWLINS of Ben Hill. KEOWN of Whitfield.
The following bill of the Senate, continued from yesterday's session, was taken up for passage:

By Senator Tuten of the 46th District-
Senate Bill No. 82. A bill to amend Paragraph 1, Section 15, Article 6, of the Constitution to provide for total divorce upon one verdict, as follows, to-wit:

A BILL

Proposing to the people of Georgia an amendment to the Constitution amending Section 15, Paragraph 1, Article 6, of the Constitution of the State of Georgia, so as to authorize the granting of a total divorce upon one verdict of a jury, 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:

456

JoURNAL OF THE SENATE,

Section 1. That Paragraph 1, Section 15, Article 6 of the Constitution of the State of Georgia be amended by striking therefrom the words "No total divorce shall be granted except on the concurrent verdicts of two juries at different terms of the court," and inserting in lieu thereof the words, "A total divorce shall be granted upon one verdict of the jury," so that said paragraph when amended shall read as follows: "A total divorce shall be granted upon one verdict of the jury."

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 1, Section 15, Article 6 of the Constitution providing that a divorce shall be granted upon one verdict of the jury." And the persons opposed to such amendment shall have written or printed on their ballots: "Aganist ratification of amendment to Paragraph 1, Section 15, Article 6 of the Constitution, authorizing that a total divorce shall be granted upon one verdict of the jury."

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.

The bill proposed to amend the Constitution and the roll was called and the vote was as follows:

Alston Andrews Boyd Boykin Cail Campbell

Cason Cloud Colson Conner Culpepper Dean

Edmondson Fetzer Fudge Groover
. Haralson Hogg

TUESDAY, FEBRUARY 14, 1933.

457

Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Lewis Lovett

Moore Morris of the 39th Nelson Oliver Paschall Pottle Rivers Robertson

Sims Sisk Sparks Tate Terrell Tuten Weaver

On the passage of the bill the ayes were 41, nays 0. The roll call was verified.

The bill having received the requisite two-thirds Constitutional majority, was passed.

Not voting: Senators Baggett of the 51st District, Carithers of the 27th District, Dorminy of the 45th District, Goldin of the 19th District, Knox of the 3rd District, Lester of the 18th District, Mallett of the 26th District, Morris of the 5th District, Turner of the 7th District..

By unanimous consent the bill was ordered immediately transmitted to the House.

By Senator Sims of the 35th District-
Senate Bill No. 11. A bill to provide for bail in proceedings for Habeas Corpus.
The committee offered the following substitute:

A BILL
To be entitled an Act to permit bail in cases where a de'fendant is incarcerated under and by virtue of a warrant or information and where the defendant petitions for the writ of Habeas Corpus and where the same is issued, the court may in its discretion permit the defendant to be released on bail pending a hearing on the writ of Habeas Corpus, and in the event the defendant is remanded after hearing on said writ, the court may in its discretion permit the defendant to be released on bail pending an ap-

458

JOURNAL OF THE SENATE,

peal on said petition for Habeas Corpus; and to provide for the forfeiture of such bond and the collection of the same in the event the same is forfeited, and for other purposes.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, whenever any person shall be placed in custody by virtue of any warrant or information by any officer, and such person desires to obtain a writ of Habeas Corpus, the Judge to whom the petition for Habeas Corpus is presented, in the event the writ of Habeas Corpus is granted, may in the discretion of the court, permit bail to the defendant who claims to be illegally detained and restrained of his liberty, pending a hearing on the petition for the writ of Habeas Corpus.

Sec. 2. That in the event the Judge to whom such petition is presented, as aforesaid, orders the writ of Habeas Corpus to issue, such Judge may in his discretion at the same time include in his order that the person alleged to be illegally detained and restrained of his liberty, may be released on bond pending the hearing on the petition for Habeas Corpus, which said order shall provide the amount of bond to be given by the person whose liberty it is claimed is denied and who is illegally restrained, which said bond shall be payable to the Governor of said State in such sum as the court may designate, and shall be approved by the Sheriff of the court in which the petition for Habeas Corpus is filed and in which court the same is returnable for a hearing; and said bond shall be conditioned for the appearance of the person named in the petition for Habeas Corpus whose liberty is restrained and who claims to be illegally. detained; and condition further to answer the judgment that shall be made by the court upon the petition for writ of Habeas Corpus, as aforesaid.

Sec. 3. Be it further enacted by the authority aforesaid,

TUESDAY, FEBRUARY 14, 1933.

459

that if such person who claims to be illegally detained and who claims that his liberty is restrained illegally, shall make the bond and give the security as herein provided, and in the event such person who shall be the principal in said bond fails to appear an.d to abide the judgment that shall be made on said petition for the writ of Habeas Corpus, that then and in that event the Sheriff of said county shall forfeit said bond as in other criminal proceedings, and the proceedings thereon for the collection of the amount of said bond against the principal and security or securities thereon, shall be the same as is now provided for the collection of other bonds of defendants in criminal cases in this State; and in the event the amount of said bond is collected, the same shall be paid into the treasury of the county in which the court is located to which the writ of Habeas Corpus is returnable.

Sec. 4. Be it further enacted by the authority aforesaid, that in the event the court after hearing is had upon the petition for writ of Habeas Corpus, shall remand the prisoner to the custody of the law, and in the event such prisoner desires to appeal said proceedings for writ of Habeas Corpus to the Appellate Court of this State for review, that then and in that event the court that heard said petition for writ of Habeas Corpus and remanded the prisoner, as aforesaid, may in its discretion permit the person whose liberty is alleged to be illegally restrained, to give bond and security for his appearance to answer the judgment that shall be made on said proceedings in the Appellate Court; and such bond shall be conditioned as herein set forth, and shall be in such sum as the court may designate, and shall be approved by the Sheriff of the County in which the proceedings are had; and in the event the person so admitted to bail shall fail to appear and answer the judgment that shall be made by the Appellate Court on such proceedings for the writ of Habeas Corpus, as aforesaid, that then the bond shall be forfeited and the



460

JoURNAL OF THE SENATE,

proceedings thereon shall be had as herein enacted the same as other bonds in criminal cases are forfeited and collected.
Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill by substitute the ayes were 33, nays 0.
The bill by substitute 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 Cail of the 17th District, Lovett of the 16th District, and Terrell of the 37th District-
Senate Resolution No. 38. A resolution to prohibit the purchase of automobiles by any departments of the State Government, and for other purposes.
The committee offered the following amendment to Senate Resolution No. 38: That said five cents travel expense be the only travel expense account permitted or allowed to any employee of any Department, Agency, Institution or Bureau of this State Government, except such as may be provided in the General Appropriation Bill. Be it further resolved, that false sworn statements of said employees as to places visited or mileage travelled automatically terminates the services of said employees, and is punishable as for a misdemeanor as provided by the laws of Georgia.
The committee offered a substitute to Senate Resolution No. 38.
The committee offered a substitute for the resolution and the substitute.

TUESDAY, FEBRUARY 14, 1933.

461

By unanimous consent further action on the resolution was postponed, as a House bill of like purport was expected to reach the Senate in a few days.
The following bill of the Senate was read the third time and put upon its passage:

By Senator Terrell of the 37th District-
Senate Bill No. 99. A bill to reduce the salaries of State officers, officials and employees.
The committee offered a substitute to Senate Bill No. 99.
Senator Colson of the 4th District moved that the Senate Bill No. 99 and the substitute be withdrawn from further consideration and recommitted to the Committee on Finance.
Senator Lester of the 18th District moved to amend the motion of the Senator from the 4th District by recommitting the bill and substitute to the Committee on Appropriations.
Both motions were lost.

Senator Campbell of the 34th District offered a substitute for the committee substitute.
Senator Pottle of the 1Oth District offered the following amendment: To amend the substitute to Senate Bill No. 99 by striking the words "one thousand five hundred (1,500) and not in excess of" appearing after the words "upon a basis in excess of," in Section 1 of said bill.
The hour of adjournment having arrived, the President announced that the bill would go over until tomorrow as Unfinished Business.
The Chair announced that the Senate stood adjourned until ten o'clock tomorrow morning.

462

JOURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
'VEDNESDAY, FEBRUARY 15, 1933.
The Senate met, pursuant to adjournment, at ten 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 Weaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of the preceding session viz., the 14th instant, and found it correct.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.
The following resolutions were read and referred to Committee on Rules:
By Senator Fetzer of the 1st District-
Be it resolved, that House Bill No. 138 by Messrs. Arnall of Coweta and Rawlings of Ben Hill, and Senate Bills Nos. 135 and 155 by Senator Oliver of the 48th District, be made a special and continuing order of business for Wednesday February 15th, immediately following the period of unanimous consents.
By Senator Fetzer of the 1st District-
Be it resolved, that House Bill No. 182, known as the license tag bill, be made a special and continuing order of business for Wednesday February 15, 1933, immediately following Senate Bill No. 15 5, which has heretofore been made a special order for the same date.

WEDNESDAY, FEBRUARY 15, 1933.

463

The Committee on Rules submitted the following reports, which were read and adopted:

Mr. President:
Your Committee on Rules has had under consideration the following resolution of the Senate, to-wit, by Mr. Fetzer of the 1st, a resolution to make House Bill No. 138 and Senate Bills Nos. 135 and 155 a special and continuing order for Wednesday, February 15th, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass, and that the bills referred to be made special and continuing orders immediately following the consideration of House Bill 182.
Respectfully submitted,
McWHORTER, Chairman.
GEO. w. FETZER, JR.,
Vice-Chairman.
w. M. LESTER,
Secretary.
Mr. President:
Your Committee on Rules has had under consideration a resolution by Mr. Fetzer of the 1st making House Bill N o.182 a special and continuing order of business under the head of Unfinished Business, and have instructed me as Chairman to report the same back with the recommendation that the resolution be adopted, and that the said House Bill No. 18 2 be made a special and continuing order in conformity with the resolution.
Respectfully submitted,
THE PRESIDENT,
Chairman.

464

JouRNAL OF THE SENATE,

GEo. W. FETZER, JR.,
Vice-Chairman.
w. M. LESTER OF 18,
Secretary.
Adopted February 15, 1933.
The following bills of the Senate were introduced, read the first time and referred to committees:

By Senators Carithers of the 27th District, Nelson of the 6th District, Key of the 28th District, Sisk of the 30th District, Lovett of the 16th District, Haralson of the 40th District, Boykin of the 29th District, Culpepper of the 36th District-
Senate Bill No. 174. A bill to amend. an Act to regulate banking.
Referred to Committee on Banks and Banking.

By Senator Tuten of the 46th District-
Senate Bill No. 172. A bill to amend Section 5553 of Code as to service on non-residents.
Referred to Committee on General Judiciary No. 2.

By Senator Tuten of the 46th DistrictSenate Bill No. 173. A bill to amend Section 3298 of
Code as to bills of sale to secure debt.
Referred to Committee on General Judiciary No. 1.

By Senator Sisk of the 30th District-
Senate Bill No. 176. A bill to provide uniform bonds for County Officers.
Referred to Committee on Counties and County Matters.

WEDNESDAY, FEBRUARY 15, 1933.

465

By Senator Sims of the 35th District-.
Senate Bill No. 175. A bill to fix the time of holding primary elections for City Officers in cities of 200,000 population.
Referred to Committee on Municipal Government.

By Senator Pottle of the 1Oth District-
Senate Bill No. 177. A bill to amend an Act approved August 21, 1922, relative to growing crops.
Referred to Committee on General Judiciary No. 1.

By Senator Sims of the 35th District-
Senate Bill No. 178. A bill to amend Paragraph 2-a, Section 1, Article 11, regulating consolidation of State and County Governments.
Referred to Committee on Amendments to Constitution.

The following privileged resolutions were read and adopted:

By Senator Dorminy of the 45th District-
A resolution extending the privileges of the floor to Hon. Alan C. Garden and Hon. J. C. Walker, of Ben Hill County.

By Senator Terrell of the 37th District-
A resolution extending the privileges of the floor to Judge W. T. Tuggle, of LaGrange.
Senator Cail of the 17th District asked unanimous consent that the following resolution of the Senate, all amendments and substitutes, be withdrawn from further consideration and recommitted to Committee on General Judiciary No. 2, and the consent was granted:

466

JOURNAL OF THE SENATE,

By Senator Cail of the 17th District-
Senate Resolution No. 38. A resolution to prohibit the purchase of automobiles by any departments of the State Government, and for other purposes.
Mr. Turner of the 7th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. President:
Your Committee on Insurance have had under consideration the following and have instructed me as Chairman, to report the same back to the Senate with the recommendation as follows:
House Bill No. 56, do pass.
Senate Bill No. 17, do not pass.
S.M. TuRNER,
Chairman.
Mr. Howard of the 2nd District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government have had under consideration the following House and Senate Bills and have instructed me as Chairman, to report the same hack to the Senate with the recommendation that:
House Bill No. 347, by Park, Gillen and Defore, do pass.
House Bill No. 128, by Defore, Gillen and Park, do pass.
House Bill No. 41, by Hartsfield of Fulton, do pass.
House Bill No. 254, by Fulton and DeKalb Delegations, do pass.

WEDNESDAY, FEBRUARY 15, 1933.

467

Senate Bill No. 125, by Key of the 28th, do pass by substitute.
Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under considera~ion the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 25.
Senate Bill No. 64.
SISK,
of the 30th District, Chairman.
Mr. Colson of the 4th District, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. President:

Your Committee on Game and Fish havehad under consideration the following bills of the Senate and House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 160.

House Bill No. 364.

House Bill No. 316.

COLSON,

Chairman.

Mr. Cloud of the 19th District, Chairman of the Committee on Corporations, submitted the following report:

468

JoURNAL OF THE SENATE,

Mr. President:
Your Committee on Corporations have had under consideration the following bill of the Senate, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 133.

Mr. President:

CLOUD,
of the 19th, Chairman.

Your Committee on Enrollment has read and examined the following Acts originating in the Senate and report the same back as being enrolled and ready for transmission by the Secretary of the Senate to the Governor:

No. 27.

No. 104.

Respectfully submitted,

JoHN M. HuTCHESON,

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. Twitty and Stanton of Ware-
House Bill No. 401. A bill to confer upon Tax Collectors in all counties in this State having a certain population all the powers of Sheriffs of their counties in respect to the levy of tax fi. fas. ; and for other purposes.

WEDNESDAY, FEBRUARY 15, 1933.

469

By Mr. Pound of Hancock-
House Bill No. 419. A bill to provide for the holding of three terms each year of Hancock Superior Court, to prescribe and fix the time for holding the same, and for other purposes.

By Messrs. Hill and Peters of Meriwether-
Hause Bill No. 421. A bill to repeal an Act establishing the City Court of Greenville approved December 13, 1899, as amended; and for other purposes.

By Mr. Rawlins of Telfair-
Hause Bill No. 446. A bill to consolidate the office of Tax Receiver and Tax Collector of Telfair County; to fix the compensation for the officer performing the duty of said office when so consolidated; 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 bills of the Senate, to-wit:

By Mr. Howard of the 24th-
Senate Bill No. 23. A bill to be entitled an Act to prohibit the shooting, hunting or killing of deer for a period of 10 years in certain counties in this State, and for other purposes.
The following bills of the Senate, favorably reported by committees, were read the second time :

By Senator Terrell of the 37th District-
Senate Bill No. 25. A bill to amend Workmen's Compensation Act.

470

JoURNAL OF THE SENATE,

By Senators Fetzer of the 1st District, Tuten of the 46th District, Key of the 28th District-
Senate Bill No. 64. A bill to amend an Act approved August 17, 1908, providing for granting certificates to certified public accountants.

By Senator Key of the 28th District-
Senate Bill No. 125. A bill to authorize cities and towns to own, maintain and operate sewage disposal plants; to provide bonds.
By Senators Lester of the 18th District, Haralson of the 40th District, Dorminy of the 45th District-
Senate Bill No. 133. A bill to amend the securities law.
By Senators Howard of the 2nd District and Rivers of the 15th District-
Senate Bill No. 160. A bill to amend Acts providing for the protection of birds, fish, game and fur bearing animals, etc.
The following bills of the House, favorably reported by committees, were read the second time:
By Messrs. Defore, Gillen and Park of Bibb-
House Bill No. 128. A bill to merge the governments of the City of Macon and County of Bibb.

By Messrs. Lindsay, Turner and Hudgins of DeKalb, Still, Eckford and Hartsfield of Fulton-
House Bill No. 254. A bill to amend the charter of the City of Atlanta relative to school fund.

WEDNESDAY, FEBRUARY 15, 1933.

471

By Mr. Dixon of Pierce-
House Bill No. 316. A bill to amend an Act regulating the shooting of quail in Pierce County.
By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 347. A bill to amend an Act approved August 3, 1927, of the General Assembly creating a new charter for the City of Macon.
By Mr. Hodges of Liberty-
House Bill No. 364. A bill to repeal Section 34 of an Act, approved August 8, 1924, to revise and amend the Game and Fish laws.
By Mr. Hartsfield of Fulton-
House Bill No. 41. A bill to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874.
The following bills of the House were read the third time, and put upon their passage :
By Messrs. Bryan and Donaldson of Bulloch-
Hause Bill No. 9 5. A bill to be entitled an Act to amend an Act approved July 28, 1923, entitled an Act to amend an Act to provide payment by counties in this State having a certain population of actual cost incurred in Superior and City Courts for trial and conviction of misdemeanor convicts worked by 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 39, nays 0.

472

JoURNAL OF THE SENATE,

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

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 341. A bill to be entitled an Act to provide for the appointment of a County Probation Officer in counties having a certain population, 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 346. A bill to be entitled an Act to provide that in counties of the State with a certain population, the number of probation officers and other officers of Juvenile Courts shall be subject to the approval of the County Board of Commissioners; 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 45, nays 0.

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

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 433. A bill to be entitled an Act to provide that in counties of the State with a certain population the Commissioners of Roads and Revenues shall have the right to appoint vVardens, Deputy Wardens, Guards, and fix their salaries, and for other purposes.

WEDNESDAY, FEBRUARY 15, 1933.

473

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 44, nays 0.

The bill having received the requisite Constitutional ma-

jority was passed.



The Senate took up Senate Bill No. 23, a bill by Senator Howard of the 24th District to prohibit hunting and killing of deer in certain counties, to consider the following House amendment thereto :

Messrs. Robertson and Scott of Thomas move to amend Senate Bill No. 23 by adding thereto the following section just before the repealing clauses: "From and after the passage of this Act the open season for hunting, shooting and killing wild turkeys in this State shall be from N ovember 20th to March 1st of each year." Amend further by amending the caption of said bill by inserting the following words immediately before the words "and for other purposes;" "to extend the open season for hunting, shooting and killing wild turkeys in this State."

The Senate agreed to the House amendment.

Senator Campbell of the 34th district moved that Senate Bill No. 99, a bill by Senator Terrell of the 37th District, to reduce the salaries of all State officers, officials and employees be withdrawn from further consideration and recommitted to the Committee on Appropriations, and the motion prevailed.
The Senate took up House Bill No. 182, a bill by Messrs. Scott of Thomas, and Harris of Richmond, to license motor vehicles for the purpose of considering the House amendment to the Senate substitute.
Senator Colson of the 4th District moved that the bill, the substitute and the House amendment be tabled. The ayes and nays were called on the motion of the Senator

474

JouRNAL OF THE SENATE,

from the 4th District and the call was sustained. The Roll was called and the vote was as follows :

Those voting in the affirmative were:

Alston Andrews Boykin Cail Carithers Cason Cloud Colson Culpepper Dean Dorminy

Edmondson Fetzer Fudge Haralson Hogg Howard of the 2nd Hubbard Hutcheson Key Lewis Lovett

Morris of the 39th Morris of the 5t.h Nelson Oliver Paschall Pottle Rivers Robertson Sparks Tate Turner

Those voting in the negative were:

Baggett Boyd Campbell Conner Goldin

Groover Jackson Lester Moore Sims

Sisk Terrell Tuten Weaver

The ayes were 33, nays 14 and the motion to table the House Bill No. 182, the substitute and the House amendment prevailed.

The roll call was verified. Not voting: Senators How-

ard of the 24th District, Knox of the 3rd District, Mallett

of the 26th District.

.

The President asked to be excused in order to join the honorary committee to welcome the Governor of Mississippi, and requested Senator Colson of the 4th District to take the Chair.

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

By Messrs. Arnall of Coweta and Rawlins of Ben Hill: House Bill No. 13 8. A bill to provide for special elec-

WEDNESDAY, FEBRUARY 15, 1933.

475

tions of county officers; to provide manner- of such elections, 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 40, nays 0.
The bill having received the requisite Constitutional majority, was passed.
Senator Sparks of the 9th District askedunanimous consent that the bill, viz., House Bill No. 138, 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 Senator Oliver of the 48th District-
Senate Bill No. 135. A bill to amend an Act establish.ing the Georgia Board of Pharmacy.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 1.
The bill having received the requisite Constitutional majority, was passed.

By Senator Oliver of the 48th District-
Senate Bill No. 15 5. A bill to regulate the sale, manufacture, possession, dispensing, etc., of narcotic drugs.

Senator Dean of the 11th District moved that Senate Bill No. 15 5 be withdrawn from further consideration and recommitted to the Committee on Hygiene and Sanitation, and the motion prevailed.

Senator Jackson of the 21st District moved that when

476

JOURNAL OF THE SENATE,

the Senate adjourns at the conclusion of the joint session, that it stand adjourned until ten o'clock tomorrow morning, and the motion prevailed.
The following bills of the Senate were read the third time and put upon their passage:

By Senators Jackson of the 21st District and Terrell of the 37th District-
Senate Bill No. 22. A bill to amend section 5265 of the Civil Code as to garnishment.
By unanimous consent, further action on the bill was postponed.

By Senator Sims of the 35th District-
Senate Bill No. 40. A bill to regulate practice in trial of criminal cases.
By unanimous consent, further action on the bill was postponed.

By Senator Fudge of the 8th District-
Senate Bill No. 106. A bill to regulate motor vehicles approaching school buses.
Senator Lovett of the 16th District asked unanimous consent that the Senate recess until 12:25 P. M. and the consent was granted, and the Senate went into recess, and Senate Bill No. 106 went over until tomorrow as Unfinished Business.
The hour having arrived for the joint session of the Senate and House called to hear an address by Governor Sennett Connor of Mississippi, the President of the Senate accompanied by the Secretary of the Senate and the Senators repaired to the Hall of the House of Representatives. The President of the Senate announced that the General

WEDNESDAY, FEBRUARY 15, 1933.

477

Assembly was in joint session and the Secretary of the Senate read the resolution convening the joint session.
The honorary committee appointed for the purpose, escorted Governor Connor, accompanied by Governor Talmadge and distinguished guests to the Speaker's stand. The President of the Senate presented Governor Talmadge who introduced the Governor of Mississippi. Governor Connor addressed the General Assembly on the subject of a retail sales tax, at the conclusion of which the joint session was dissolved on the motion of the Senator from the 43rd District.

Under a motion adopted earlier in today's session of the Senate, the Senate stood adjourned until ten o'clock tomorrow mormng.

478

JoURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.,
THURSDAY, FEBRUARY 16, 1933.
The Senate met pursuant to adjournment at ten 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 Weaver of the 25th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
The following bills of the Senate were introduced, read the first time and referred to committees :
By Senator Haralson of the 40th DistrictSenate Bill No. 179. A bill to reduce the official bond
of the Sheriff of Union County.
Referred to Committee on Counties and County Matters.
By Senator Howard of the 2nd DistrictSenate Bill No. 180. A bill to authorize the Commis-
sioners of certain counties to acquire and own land for parks, historic sites, erection of monuments, and for other purposes.
Referred to Committee on Counties and County Matters. Mr. Hogg of the 13th District, Chairman of the Committee on Historical Research, submitted the following report:
Mr. President: Your Committee on Historical Research have had un-

THURSDAY, FEBRUARY 16, 1933.

479

der consideration the following bills and resolutions of the Senate and House, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 53, by Senator Hubbard of the
31st.
Senate Resolution No. 62, by Senator Terrell of the 37th.
Senate Resolution No. 56, by Senator Terrell of the 37th.
House Resolution Nos. 51-257A, by Mr. Vaughn of Rockdale, do pass as amended.

Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 11, 82, 135, 141, and reports the same back as being ready for transmission to the House.
Respectfully submitted,
w. F. ANDREWS,
Chairman.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report :

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 84, by Mr. Childs of Taylor, do pass.
House Bill No. 217, by Mr. Barker of Heard, do pass.

480

}OURNAL OF THE SENATE,

House Bill No. 273, by Mr. Daughtry of Wilkinson, do pass.
House Bill No. 27 6, by Messrs. Hartsfield and Eckford of Fulton, do pass.
House Bill No. 282, by Mr. Daughtry of Wilkinson, do pass.
House Bill No. 283, by Messrs. Parker and Sutton of Colquitt, do pass.
House Bill No. 284, by Messrs. Parker and Sutton ot Colquitt, do pass.
House Bill No. 371, by Mr. Lott of Coffee, do pass.
House Bill No. 209, by Mr. \Vood of Towns, do pass.
Mr. Nelson of the 6th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. President:
Your Committee on Industrial Relations have had under consideration the following House Bills and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 5, do not pass.
Respectfully submitted,
NELSON,
Chairman.

Mr. Lester of the 18th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report :

THURSDAY, FEBRUARY 16, 1933.

481

Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following bills and resolutions, and the committee has instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 15 6, do pass.
Senate Bill No. 33, do pass by substitute.
Senate Resolution No. 39, do pass by substitute.
Mr. Culpepper of the 36th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads have had under consideration the following bills and resolutions of the Senate, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation as follows:
Resolution No. 30, by Senator Moore of the 47th District, do pass.
Senate Bill No. 2, as amended by committee, do pass.
N. F. CULPEPPER,
Chairman Committee on Highways and Public Roads.
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:

482

JouRNAL OF THE SENATE,

By Messrs. Sammon of Gwinnett, Black of Forsyth and others-

House Bill No. 94. A bill to provide for the use of wire baskets and seines in the waters of certain counties of the State, and for other purposes.

By Mr. Johnson of Seminole-
House Bill No. 295. A bill to amend Section 695 of the Political Code of Georgia, 1910, enumerating who is subject to road duty or commutation tax in lieu thereof, as amended by the Act approved August 15, 1922, related to road taxes in certain counties, and for other purposes.

By Mr. Kelly of Elbert-
House Bill No. 313. A bill to amend the charter of the City of Elberton, Georgia, approved December 19, 1896, and all acts amendatory thereof, abolishing the offices of Mayor and Councilmen and providing for a Commission and City Manager form of government for said city, and for other purposes.

By Mr. Reiser of Effingham-
House Bill No. 390. A bill to create a new charter for the City of Guyton, 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 Senate, to-wit:

By Mr. Howard of the 24th DistrictSenate Bill No. 24. A bill to amend an Act approved

THURSDAY, FEBRUARY 16, 1933.

483

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.

By Mr. Morris of the 39th District, Mr. Tuten of the 46th District, Mr. Knox of the 3rd District, Mr. Lester of the 18th District, and others-
Senate Bill No. 119. A bill to provide for further economy and efficiency in the University System of Georgia by placing the responsibility for the allocation and/or distribution of State Appropriations upon Regents of the University System of Georgia for use of the institutions under their control, and for other purposes.

By Mr. Morris of the 39th District, Mr. Tuten of the 46th District, and others-
Senate Bill No. 120. A bill giving Regents of the U niversity System of Georgia authority to make such changes in institutions under their control as will make possible further economies and will increase efficiency and promote the educational interests of this State, and for other purposes.

By Mr. Morris of the 39th District, Mr. Tuten of the 46th District, and others-
Senate Bill No. 121. A bill to change the fiscal year of Regents of the University System of Georgia, and all institutions in the University System of Georgia from a calendar year basis to a scholastic year basis, to-wit: July 1st in each year through June 30th the following year, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

484

JouRNAL OF THE SENATE,

Mr. President:
The House has agreed to the Senate amendment to the following bill of the House, to-wit:

By Mr. Mixon of Irwin-
House Bill No. 122. A bill to be entitled an Act providing that the Solicitor-General of Tifton Judicial Circuit be placed on a salary basis, and for other purposes.
The following resolutions of the Senate were read and adopted:

By Senator Terrell of the 37th District-
Senate Resolution No. 70. A resolution directing the committee now engaged in canvassing the salaries of all State employees to report to the Committee on Appropriations.

By Senators Sims of the 35th District, and Morris of the 39th District-
Senate Resolution No. 71. A resolution to authorize the Adjutant General of the State to expend $500 of the Riot Fund toward defraying the expenses of the Atlanta Battalion of Naval Reserves and the band of the 122nd Infantry, National Guard, to the inauguration of President-elect Franklin D. Roosevelt.

By Senator Jackson of the 21st District-
A resolution that the editorial in the Atlanta Georgian of the fifteenth instant, entitled "An Open Letter to the Georgia Legislature," be read.
The Secretary read the editorial.
The following resolutions of the Senate, favorably reported by committees, were read the second time:

THURSDAY, FEBRUARY 16, 1933.

485

By Senator Moore of the 47th District-
Senate Resolution No. 30. A resolution authorizing the Highway Department to pave a certain stretch of road through the Coastal Plain Experiment Station and the Georgia State College for Men, near Tifton, Georgia.

By Senator Campbell of the 34th District-
Senate Resolution No. 39. A resolution proposing to the people of the State of Georgia an amendment to Article 6, Section 13, Paragraph 2 of the Constitution of Georgia, regarding the regulation of salaries of Officers of the State.

By Senator Hubbard of the 31st District-
Senate Resolution No. 53. A resolution requiring the State Librarian to furnish a Code of 1910 to the Ordinary of Habersham County.
The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator Terrell of the 37th District-
Senate Bill No. 2. A bill to be entitled an Act to establish and define the Franklin D. Roosevelt Highway.

By Senators Sisk of the 30th District, Jackson of the 21st District, Key of the 28th District, and Knox of the 3rd District-
Senate Bill No. 33. A bill to be entitled an Act to amend Paragraph 2, Section 6, Article 7 of the Constitution, and for other purposes.

By Senator Boykin of the 29th District-
Senate Bill No. 15 6. A bill to be entitled an Act to amend Paragraph 1, Section 1 of Article 7 of the Constitution of the State of Georgia, and for other purposes.

486

JoURNAL OF THE SENATE,

The following bills of the House, favorably reported by Committees, were read the second time:

By Mr. Evans of McDuffie-
Hause Bill No. 56. A bill to be entitled an Act making it a misdemeanor for any person engaged in life or natural insurance to receive compensation on account of employment of an undertaker, etc., and for other purposes.

By Mr. Childs of Taylor-
House Bill No. 84. A bill to be entitled an Act creating a County Depository for Taylor County, Georgia.
By Mr. Wood of Towns-
House Bill No. 209. A bill to be entitled an Act providing that County School Superintendents in certain counties shall be residents of the County site.

By Mr. Barker of Heard-
House Bill No. 217. A bill to be entitled an Act creatin the office of Commissioner of Roads and Revenues of the County of Heard.

By Mr. Daughtry of Wilkinson-
House Bill No. 273. A bill to be entitled an Act creating a Board of Commissioners of Roads and Revenues of Wilkinson County.
By Messrs. Hartsfield and Eckford of Fulton-
House Bill No. 27 6. A bill to be entitled an Act providing that County Police in counties of over 200,00 population shall serve during good behavior and under civil service rules.

THURSDAY, FEBRUARY 16, 1933.

487

By Mr. Daughtry of Wilkinson-
House Bill No. 282. A bill to be entitled an Act abolishing the Board of Commissioners of Roads and Revenues.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 283. A bill to he entitled an Act abolishing the offices of Tax Receiver and Tax Collector of Colquitt County, Georgia.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 284. A bill to be entitled an Act creating the office of Tax Commissioner and Assistant County Tax Commissioner of Colquitt County, Georgia.

By Mr. Lott of Coffee-
House Bill No. 371. A bill to be entitled an Act abolishing the offices of Tax Collector and Tax Receiver and creating the office of County Tax Commissioner of Coffee County.
The following bills of the House were read the third time and put upon their passage:

By Mr. Hartsfield of Fulton-
House Bill No. 41. A bill to amend an Act establishing a new Charter for the City of Atlanta and Acts amendatory thereof.
The report of the committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the bill the ayes were 45, nays 0.
The bill having received the requisite Constitutional majority, was passed.

488

JouRNAL oF THE SENATE,

By Messrs. Lindsay, Turner and Hudgins of DeKalb, and Still, Hartsfield, and Eckford of Fulton-
House Bill No. 254. A bill to amend the Charter of the City of Atlanta and Acts amendatory thereof.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Dixon of Pierce-
House Bill No. 316. A bill to be entitled an Act to repeal an Act entitled: "An Act to regulate the shooting of quail in Pierce County, 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 45, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Hodges of Liberty-
House Bill No. 364. A bill to be entitled an Act to repeal Section 34 of an Act of the General Assembly of Georgia, approved August 8, 1924, entitled an Act to revise and amend the game and fish 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 47, nays 0.
The bill having received the requisite Constitutional majority, was passed.

THURSDAY, FEBRUARY 16, 1933.

489

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

By Messrs. Twitty and Stanton of Ware-
House Bill No. 401. A bill to confer upon Tax Collectors in all counties in this State having a certain population all the powers of Sheriffs of their counties in respect to the levy of tax fi fas, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Pound of Hancock-
House Bill No. 419. A bill to provide for the holding of three terms each year of Hancock Superior Court, to prescribe and fix the time for holding the same, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Hill and Peters of Meriwether-
Honse Bill No. 421. A bill to repeal an Act establishing the City Court of Greenville approved December 13, 1899, as amended, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Rawlins of Telfair-
Honse Bill No. 446. A bill to consolidate the office of Tax Receiver and Tax Collector of Telfair County; to fix the compensation for the officer performing the duty of said office when so consolidated, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Sammons of Gwinnett, Black of Forsyth, and others-
House Bill No. 94. A bill to provide for the use of wire

490

JoURNAL OF THE SENATE,

baskets and seines in the waters of certain counties of the State, and for other purposes.
Referred to Committee on Game and Fish.

By Mr. Johnson of Seminole-
House Bill No. 295. A bill to amend Section 695 of the Political Code of Georgia, 1910, enumerating who is subject to road duty or commutation tax in lieu thereof, as amended by the Act approved August 15, 1922, related to road taxes in certain counties, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Kelley of Elbert-
House Bill No. 313. A bill to amend the charter of the City of E.lberton, Georgia, approved December 19, 1896, and all Acts amendatory thereof, abolishing the offices of Mayor and Councilmen and providing for a Commission and City Manager form of government for said city, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Reiser of EffinghamHou~e Bill No. 390. A bill to create a new charter for
the City of Guyton, and for other purposes.
Referred to Committee on Municipal Government.
The following privileged resolutions were read and adopted:
By Senator Terrell of the 37th District-
A resolution extending the privileges of the floor to the Mayor of Atlanta.

THURSDAY, FEBRUARY 16, 1933.

491

By Senator Culpepper of the 36th District-
A resolution extending the privileges of the floor to Hon. 0. W. Hill and Hon. Edward Gill, of Meriwether County.

By Senator Terrell of the 36th District-
A resolution extending the privileges of the floor to Hon. W. B. Jones of Fairburn.

By Senator Hubbard of the 31st District-
A resolution extending the privileges of the floor to Hon.
J.P. Brown of Habersham County.
Senate Bill No. 106. A bill by Senator Fudge of the 8th District, to regulate motor vehicles approaching school buses, continued from yesterday's session, was read and put upon its 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 50, nays 0.
The bill having received the requisite Constitutional majority, was passed.

Senate Bill No. 22, a bill by Senators Jackson of the 21st District and Terrell of the 37th District to amend Section 5265 of the Civil Code as to garnishment, postponed at yesterday's session, was taken up for passage.
Senator Pottle of the 1Oth District moved that the bill, viz., Senate Bill No. 22, be postponed indefinitely and the motion prevailed.
The following bills of the Senate were read the third time and put upon their passage :

492

JouRNAL OF THE SENATE,

By Senator Terrell of the 37th District-
Senate Bill No. 25. A bill to amend Section 71 of the
Georgia Workmen's Compensation Act.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senators Fetzer of the 1st District, Tuten of the 46th District and Key of the 28th District-
Senate Bill No. 64. A bill to amend the Act establishing a Board for the examination of Accountants.
The report 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 7, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Colson of the 4th District-
Senate Bill No. 108. A billto require reports from civil divisions of the State.
The report of the committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Key of the 28th District-
Senate Bill No. 123. A bill to protect the rights of creditors and beneficiaries under life insurance policies.

THURSDAY, FEBRUARY 16, 1933.

493

By unanimous consent further consideration of the bill was postponed until tomorrow under the head of Unfinished Business.
By unanimous consent Senate Bills No. 64 and No. 108, were ordered immediately transmitted to the House.

By Senators Key of the 28th District and Rivers of the 15th District-
Senate Bill No. 124. A bill to provide for licensing nonresident life insurance solicitors.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Sims of the 35th District-
Senate Bill No. 132. A bill to make it a felony for a person of color to have sexual intercourse with a white person.
Senator Sims of the 35th District offered the following amendment to Senate Bill No. 132:
By adding the following to Section One of said bill:
1. Provided, however, that the Court trying the case or the jury upon the trial of the same may treat the offense at his or their discretion as a misdemeanor and fix the punishment as for such.

2. By striking the words and figures 5 years and ten years in the last line of Paragraph 1 of said bill and insert-

494

JOURNAL OF THE SENATE,

ing in lieu thereof two years instead of 5 years and 5 years
instead of ten 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 32, nays 0.
The bill as amended having received the requisite Constitutional majority, was passed.

By Senators Lester of the 18th District, Haralson of the 40th District, Dorminy of the 45th District, and Fetzer of the 1st District-
Senate Bill No. 133. A bill to amend the Act creating the 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 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senators Sims of the 35th District, and Morris of the 5th District-
Senate Bill No. 134. A bill to amend Section 5154 of the Civil Code to permit defendant in bail trover proceedings to make bond.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 33, nays 0.
The bill having received the requisite Constitutional majority, was passed.

THURSDAY, FEBRUARY 16, 1933.

495

By Senators Rivers of the 15th District, Dorminy of the 45th District, Dean of the 11th District, Cail of the 17th District, and Morris of the 5th District-
Senate bill No. 142. A bill to amend the Act creating the State Board of Medical Examiners.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By unanimous consent Senate Bills No. 124, No. 132, No. 133, No. 134 and No. 142 were ordered immediately transmitted to the House.
The following bills of the Senate were read the third time and put upon their passage :
Senate Bill No. 160. A bill to amend the Act to protect birds, fish and animals.

By Senators Rivers of the 15th District, and Howard of the 2nd District-
Senator Colson of the 4th District moved to postpone further consideration of the bill and that it be made a special and continuing order for tomorrow under the head of Unfinished Business, and the motion prevailed.
Senator Fetzer of the 1st District asked unanimous consent that the Senate remain in session for 30 minutes after the usual hour of adjournment, and the consent was granted.
The following bill of the Senate, reconsidered and restored to the calendar on the 13th inst., was taken up for passage:
By Senators Pottle of the lOth District, Sims of the 35th

496

JouRNAL OF THE SENATE,

District, Sisk of the 30th District, and Key of the 28th District-
Senate Bill No. 63. A bill to amend Section 4044 of the Civil Code so as to encumber property set aside for year's support.
By unanimous consent, further action on the bill was postponed.
The following resolution by Senator Fetzer of the 1st District was read and referred to the Committee on Rules:

Senate Resolution No. 72, to-wit:

A RESOLUTION
By Senator Fetzer of the 1st District.
Be it resolved, That House bill No. 68, known as the bill regulating admission to the Bar, be established as a special and continuing order of business immediately following the period of unanimous consents on Friday, February 17;
Be it further resoh;ed, That House Bill No. 1, known as the repayment bill, be established as a special and continuing order of business immediately after the period of uninimous consents on Monday, February 20;
And that House Resolution No. 86 be established as a special and continuing order of business immediately following the consideration of House Bill No. 1 on Monday, February 20;
And be it further resolved, That Senate Bill No. 15 6, known as the pension bill, be established as a special and continuing order of business immediately following the period of unanimous consents on Tuesday, February 21.

THURSDAY, FEBRUARY 16, 1933.

497

It was now 30 minutes past one o'clock. Senator Howard of the 24th District was addressing the Senate on the subject of licensing motor vehicles, but five minutes addi~ tiona! time was given him by unanimous consent.
The President announced at 1 :35 o'clock that the Senate stood adjourned until ten o'clock tomorrow morning.

498

JoURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
FRIDAY, FEBRUARY 17, 1933.
The Senate met, pursuant to adjournment, at ten o'clock A. M., this day, and was called to order by the President.
Prayer was offered by Senator Goldin of the 38th District.
By unanimous consent the calling of the roll was dispensed with.
Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with.
The Journal was confirmed.
Senator Nelson of the 6th District asked unanimous consent that the adverse report of the committee on the following bill of the House, be agreed to, and the consent was granted and the bill was therefore lost:
By Mr. Defore of Bibb-
House Bill No. 5. A bill to amend the Act approved
August 17, 1933, as to rates of interest.
The following bills and resolution of the Senate, were introduced, read the first time, and referred to committees:
By Senator Fetzer of the 1st District-
Senate Bill No. 181. A bill to regulate the issuing and distribution of propaganda; to provide a penalty therefor, and for other purposes.
Referred to Committee on Judiciary No. 1.

FRIDAY, FEBRUARY 17, 1933.

499

By Senator Sims of the 35th District-
Senate Bill No. 182. A bill to amend the pension law applicable to police department of the City of Atlanta.
Referred to Committee on Municipal Government.

By Senators Jackson of the 21st District, Boyd of the 33rd District and Terrell of the 37th District-
Senate Bill No. 183.. A bill to regulate the sale of poultry eggs, to define what is a marketable fresh egg, to provide penalties for violation of the same and for other purposes.
Referred to Committee on Agriculture.

By Senators Hubbard of the 31st District, Jackson of the 21st District, and Cloud of the 19th District-
Senate Bill No. 184. A bill to amend an Act entitled "The Act to codify the school laws of the State of Georgia" by specifying the amount which may be borrowed by County Boards of Education for the operation of schools.
Referred to Committee on Education.

By Senator Sims of the 35th District-
Senate Bill No. 185. A bill to amend an Act creating municipal court of Atlanta.
Referred to Committee on Special Judiciary.

By Senator Lovett of the 16th District-
Senate Resolution No. 73. A resolution to exempt from ad valorem taxation every head of the family, the guardian or trustee of the family of minor children, every aged or infirm person, or persons having the care and support of dependent females of any age, wearing apparel and not exceeding $300.00 worth of household and kitcnen furniture

500

JOURNAL OF THE SENATE,

and also dwelling house and lot and acreage used in connection therewith of the value not exceeding $1,500.00 when actually occupied by the owner.
Referred to Committee on Amendments to Constitution.

By Senators Baggett of the 51st District and Morris of the 39th District-
Senate Bill No. 187. A bill to repeal Article 4 of Chapter 2 of Second Title of the Civil Code of 1910, providing for appointment and qualification of County Registrars and to transfer powers and duties devolving upon County Registrars to Tax Collectors of Counties of this State, and for other purposes.
Referred to Committee on Special Judiciary.

By Senators Groover of the 49th District and Cail of the 17th District-
Senate Bill No. 188. A bill to abolish the fee system now existing in the Superior Courts of the Ogeechee Judicial Circuit, as applied to the office of Solicitor-General, and all fees now, heretofore, and hereafter accruing to the office of Solicitor-General in said Circuit, and for other purposes.
Referred to Committee on County and County Matters.

By Senator Fudge of the 8th District and Lovett of the 16th District-
Senate Bill No. 189. A bill to prohibit the collection of any taxes upon sales of Agricultural products under the Act approved August 29, 1929, commonly known as the Sales Tax Act of 1929 and the amendments thereof, said Act being published in Georgia laws 1929, pages 103 to 11 7 ; and for other purposes.
Referred to Committee on Agriculture.

FRIDAY, FEBRUARY 17, 1933.

501

Mr. J. C. Lewis of the 20th District, Chairman of the
Committee on General Judiciary No. 1, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 1 have had under consideration the following and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 138, Senate Resolution No. 64, Senate Resolution No. 13, Senate Bill No. 34, Senate Bill No. 26, Senate Bill No. 103, House Bill No. 34, do not pass.
Senate Bill No. 163, Senate Bill No. 152, Senate Bill No. 117, Senate Bill No. 177, Senate Bill No. 137, House Bill No. 110, do pass.
House Bill No. 199 do pass by substitute.
Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the Senate and House, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 319, House Bill No. 129, Senate Bill No. 148.
SISK, 30th Dist. CHAIRMAN.
Mr. J. M. Fudge of the 8th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President: Your Committee on Agriculture have had under con-

502

}OURNAL OF THE SENATE,

sideration the following and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 70, Senate Bill No. 151, do pass.
Mr. J. G. Dean of the 11th District, Chairman of the
Committee on Pensions, submitted the following report:

Mr. President:
Your Committee on Pensions have had under consideration the following Bill No. 116 and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
J. G. DEAN,
CHAIRMAN.
Mr. Hubbard of the 31st District, Chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:
Your Committee on Education and Public Schools have had under consideration the following House Bills and the Committee of Education and Public Schools have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
House Bill No. 410 and House Bill No. 411, the same being local bills affecting Pierce County.
Mr. Rivers of the 15th District, Chairman of the Com mittee on Counties and County Matters, submitted the following report:

Mr. President: Your Committee on Counties and County Matters have

FRIDAY, FEBRUARY 17, 1933.

503

had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:

Senate Bill No. 167. By Mr. Oliver of the 48th Dis trict, do pass.

Senate Bill No. 169. By Mr. Boyd of the 33rd District, do pass.

House Bill No. 82. By Mr. Childs of Taylor, do pass.

House Bill No. 83. By Mr. Childs of Taylor, do pass.

House Bill No. 85. By Mr. Childs of Taylor, do pass.

House Bill No. 167. By Mr. Wood of Towns, do pass.

House Bill No. 171. By Mr. Burson of Barrow and Mr. Allen of Jackson, do pass.

House Bill No. 221. By Mr. Holt of Wilcox, do pass.

House Bill No. 222. By Mr. Holt of Wilcox, do pass.

House Bill No. 249. By Messrs. Sumner. and Tipton of Worth, do pass as amended.

House Bill No. 250. By Messrs. Sumner and Tipton of Worth, do pass.

House Bill No. 372. By Mr. Crawford, of Union, do pass.

House Bill No. 378. pass.
House Bill No. 379. pass.

By Mr. Dickerson of Clinch, do By Mr. Dickerson of Clinch, do

House Bill No. 401. By Messrs. Twitty and Stanton of Ware, do pass.

504

JoURNAL OF THE SENATE,

Mr. President:

Your Committee on Engrossing has read and approved the following Senate Bills: Nos. 25, 64, 108, 124, 132, 134, 106, 144, 133, and reports the same back as being ready for transmission to the House.

Respectfully submitted,
w. F. ANDREWS,

Mr. President

Chairman.

Your Committee on Enrollment has read and examined the following Acts originating in the Senate and report the same back as being correctly enrolled and ready for transmission by the Secretary of the Senate to the Governor:

No. 24, No. 119, No. 120, No. 121.

Respectfully submitted,

c. G.

ALSTON,

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 Senate, to-wit:
By Mr. Sims of the 35th District-
Senate Bill No. 37. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Fulton County, so as to provide for elections to fill such vacancies, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

FRIDAY, FEBRUARY 17, 1933.

505

Mr. President:
The House has passed as amended by the requisite Constitutional majority the following bill of the Senate, to-wit:

By Mr. Campbell of the 34th District, and Mr. Sims of the 35th District-
Senate Bill No. 75. A bill to amend the Charter of the City of Atlanta as to issuing Executions for taxes.
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. Gaskins of Berrien, Bruton of Cook, and others-
House Bill No. 380. A bill to abolish the fee system now existing in the Superior Courts of the Alapaha Ju dicial Circuit as applied to the office of Solicitor-General and to provide for the payment of salaries to said SolicitorGeneral in lieu of Fees, and for other purposes.
By Messrs. Scruggs and Goodwin of Washington-
House Bill No. 464. A bill to provide that the Solicitor of the City Court of Sandersville, Washington County, Georgia, shall be Ex-Officio County Attorney for the County of Washington; to prescribe his duties as such, and for other purposes.
By Mr. Scruggs of Washington-
House Bill No. 467. A bill to amend an Act to create the City Court of Sandersville in and for the County of Washington, to prescribe the powers and duties thereof; and for other purposes.

506

JoURNAL OF THE SENATE,

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 516. A bill to reduce the salary of the Solicitor-General of the Macon Judicial Circuit, paid by Bibb County, and for other purposes.
By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 51 7. A bill to authorize Counties having a certain population to establish and operate on fiscal year basis; and for other purposes.
By Messrs. Park, Defore and Gillen of Bibb-
House Bill No. 534. A bill to regulate the time and manner of holding primary elections in Counties with certain population; and for other purposes.
The following report of the Committee on Rules was read and adopted :
Mr. President:
The Committee on Rules has had under consideration a resolution by Mr. Fetzer which was referred to this co~ mittee establishing as a special order of business House Bill No. 68, House Bill No. 1, House Resolution No. 86, and Senate Bill No. 15 6.
The committee, by proper resolution, has authorized and instructed me to report that the committee has unanimously adopted the aforesaid resolution establishing the House and Senate Bills named therein as special order of business as therein specified.
This 17th day of February, 1933.
GEO. \V. FETZER, JR., Vice-Chairman.
w. H. LESTER,
Secretary.

FRIDAY, FEBRUARY 17, 1933.

507

The following bills of the Senate, favorably reported by committees, were read the second time:
By Senator Sims of the 35th District-
Senate Bill No. 70. A bill to encourage farm life, relieve unemployment, rehabilitate farms and people of this State, and to create a Board to supervise the provisions of this Act.
By Senator Boykin of the 29th District-
Senate Bill No. 116. A bill to amend "An Act to alter, amend and revise the several Acts for the acceptance, creating management and governing. of the Confederate Soldiers' Home of Georgia and for other purposes, by providing for the acceptance of widows of ex-Confederate Veterans, and for other purposes.

By Senator Sparks of the 9th District-
Senate Bill No. 117. A bill to amend Section 264 of the Code, which section provides when a public office becomes vacant, by providing that an office shall become vacant when the term of the incumbent has expired .and no person qualified to hold such office has been elected to succeed him, and providing the method of appointment and election to fill such vacancy, and for other purposes.
By Senator Dorminy of the 45th District-
Senate Bill No. 13 7. A bill to further provide for the qualification of Judges and Jurors in the trial of civil cases, and for other purposes.
By Senator Nelson of the 6th District-
Senate Bill No. 148. A bill to amend an Act entitled "An Act to provide for holding four terms in each year of the Superior Court of Cook County, Georgia; to provide

508

JoURNAL OF THE SENATE,

for the time of holding the same, and for other purpose!!, approved July 31, 1923 and the Act amendatory thereof providing for both civil and criminal business to be triable on any day during any week of, etc.

By Senator Dean of the 11th District-
Senate Bill No. 151. A bill to authorize the State of Georgia to obtain and furnish to the farmers of the State what is known as "Hog Serum" to be used in the treatment and prevention of hog cholera at a price not more than actual cost to the State, to have farmers at the expense of the State instructed as to its application, or introduction into the hog; to prescribe penalty for violation of.

By Senator Morris of the 39th District-
Senate Bill No. 15 2. A bill to amend Section 1868 of the Code of 1910, regarding weights in barrels and sacks for flour, grits, etc., by providing that sacks may contain the pounds of flour, grits, or corn-meal clearly designated on said sack or sacks, and for other purposes.

By Senator Sims of the 35th District-
Senate Bill No. 163. A bill to aid in relieving unemployment, to prohibit officials and employers from holding more than one job or receiving more than one salary from the State and for other purposes.

By Senator Oliver of the 48th District-
Senate Bill No. 167. A bill to provide for the amount of official bonds to be given by the Sheriffs of the Counties in those counties having a population, according to the United States census of 1930, or any future census, of not less than 21,590 and not more than 21,605 persons; and to provide that the expenses of premiums on such bonds shall be borne by such counties.

FRIDAY, FEBRUARY 17, 1933.

509

By Senator Boyd of the 33rd District-
Senate Bill No. 169. A bill to consolidate the offices of Tax Collector of Hall County, Georgia; to create in lieu of the same the office of County Tax Commissioner of Hall County, Georgia; to fix the term and compensation of said office; to provide that the force and effect as to county Tax Commissioners, so far as the same are applicable; to provide that all taxes now due, and all fi fas heretofore issued, shall have full force and effect, and be collective by the Tax Collector as issued, and for other purposes.

By Senator Pottle of the 1Oth District-
Senate Bill No. 177. A bill to amend a bill approved August 21, 1922, entitled "An Act to declare that growing crops shall be personalty; to provide that mortgages or other liens or conveyances thereof shall be attested and recorded as chattel mortgages, to provide that no levy on unmatured crops shall be made out and for other purposes.
The following bills of the House, favorably reported by committees, were read the second time:
By Mr. Childs of Taylor-
House Bill No. 82. A bill to provide for a better distribution of Commissioners of Roads and Revenues of Taylor County, so as to provide more equal representation, and for other purposes.
By Mr. Childs of Taylor-
House Bill No. 83. A bill to abolish the office of County Treasurer of Taylor County and for other purposes.
By Mr. Childs of Taylor-
House Bill No. 85. A bill to abolish office of Tax Receiver and Tax Collector of County of Taylor and to create office of Tax Commissioner for said County of Taylor, and for other purposes.

510

JOURNAL OF THE SENATE,

By Messrs. Simmons and Griffin of Decatur-
House Bill No. 129. A bill to amend an Act approved November 27, 1900, establishing the City Court of Bainbridge, and for other purposes.

By Mr. Wood of Towns-
House Bill No. 167. A bill to authorize the County Board of Registrars and the Ordinary in certain counties to assist the Tax Collector in registering voters, and for other purposes.

. By Messrs. Burson of Barrow and Allen of Jackson-
House Bill No. 171. A bill to require certain county officers in counties having a certain population to make and deliver to the Ordinary of the county monthly financial statements reflecting the financial condition and affairs of the offices held by them, and for other purposes.
By Mr. Dixon of Pierce-
House Bill No. 199. A bill to amend an Act establishing the City Court of Blackshear and for other purposes, approved August 15, 1911, and all other Acts amendatory thereof, and for other purposes.

By Mr. Holt of Wilcox-
House Bill No. 221. A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, consisting of five members, and for other purposes.

By Mr. Holt of Wilcox-
House Bill No. 222. A bill to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, and for other purposes.

FRIDAY, FEBRUARY 17, 1933.

511

By Messrs. Sumner and Tipton of Worth-
House Bill No. 249. A bill to consolidate the offices, duties and powers of the Tax Receiver and Tax Collector of the County of Worth, and for other purposes.

By Messrs. Sumner and Tipton of Worth-
House Bill No. 250. A bill to amend the Act entitled "An Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County;" and for other purposes.

By Messrs. Teasley of Cherokee, Tate of Pickens, Hampton of Gilmer, Black of Forsyth, Kiker of Fanning and Allen of Cobb-

House Bill No. 319. A bill to amend an Act approved August 18, 1918, and the several Acts amendatory thereof, so as to abolish the fee system in Blue Ridge Judicial Circuit as to Solicitor-General and substitute a salary in lieu thereof, and for other purposes.

By Mr. Crawford of Union-
House Bill No. 372. A bill to abolish the office of County Treasurer in and for the County of Union; to prescribe additional duties for the Ordinary of Union County, and for other purposes.

By Mr. Dickerson of Clinch-
House Bill No. 378. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Clinch, and for other purposes.

By Mr. Dickerson of ClinchHouse Bill No. 379. A bill to create a Board of County

512

JOURNAL OF THE SENATE,

Commissioners for the County of Clinch, and for other purposes.

By Messrs. Twitty and Stanton of Ware-
House Bill No. 401. A bill to confer upon Tax Collectors in all counties in this State having a certain population all the powers of Sheriffs of their counties in respect to the levy of tax fi fas; and for other purposes.

By Mr. Dixon of Pierce-
House Bill No. 410. A bill to allow the qualified electors residing in Blackshear, Georgia, Pierce County, to vote for the County Superintendent of Schools, and for other purposes.
By Mr. Dixon of Pierce-
House Bill No. 411. A bill to provide that in the Counties of this State having a certain population the residents of independent school systems shall have the right to vote in primaries and elections for County School Superintendent, and for other purposes.
The following resolution of the House, favorably reported by the committee, was read the second time:

By Mr. Vaughn of Rockdale-
House Resolution No. 51-257a. A resolution that the State Librarian furnish certain law books to the Commissioners of Rockdale County.
The following resolutions of the Senate, favorably reported by the committees, were read the second time:
By Senator Terrell of the 37th District-
Senate Resolution No. 55. A resolution that the State
Librarian furnish a copy of the Code to H. G. Thompson, Justice of the Peace, Troup County.

FRIDAY, FEBRUARY 17, 1933.

513

By Senator Terrell of the 37th District-
Senate Resolution No. 56. A resolution that the State Librarian furnish a copy of the Code to R. J. Guinn, Justice of the Peace, 65 5th District.

By Senator Terrell of the 37th District-
Senate Resolution No. 62. A resolution that the State Librarian furnish a copy of the Code to Sam D. Jones, Justice of the Peace, at LaGrange.
Senator Cason of the 22nd District, moved that the following bill of the Senate be withdrawn from the Committee on Finance and recommitted to the Committee Amendments to the Constitution, with the consent of the Author, and the consent was granted.

By Senator Nelson of the 6th District-
Senate Bill No. 43. A bill to amend the Constitution classifying property for taxation, to adopt different rates and methods for taxing different classes of property.
The following bills of the House were read the first time and referred to committees:

By Messrs. Gaskins of Berrien, Bruton of Cook, and others-
House Bill No. 380. A bill to abolish the fee system as applied to the office of Solicitor-General of the Alapaha Judicial Circuit, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Scruggs and Goodwin of Washington-
House Bill No. 464. A bill to be entitled an Act that City Court Solicitor of Sandersville, shall be Ex-Officio County Attorney for Washington County, Georgia.

514

JouRNAL OF THE SENATE,

Referred to Committee on Special Judiciary~

By Mr. Scruggs of Washington-
House Bill No. 467. A bill to amend the Act creating the City Court of Sandersville, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 516. A bill to reduce the salary of the Solicitor-General of the Macon Judicial Circuit, paid by Bibb County, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 517. A bill to authorize Counties of certain population to establish and operate on fiscal year basis, and for other purposes.
Referred to Committee on Counties arid County Matters.

By Messrs. Park, Defore and Gillen of Bibb-
House Bill No. 534. A bill to regulate the time and manner of holding primary elections in Counties of certain population.
Referred to Committee on Counties and County Matters.

The following bills of the House favorably reported by committees, were read the third time, and put upon their passage:

By Mr. Barker of Heard-
House Bill No. 217. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Heard, and for other purposes.

FRIDAY, FEBRUARY 17, 193'3.

515

The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By 'Mr. Daughtry of \Vilkinson-
House Bill No. 273. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Wilkinson.
The report 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Messrs. Hartsfield and Eckford of Fulton-
House Bill No. 27 6. A bill to be entitled an Act providing that County Police in certain Counties shall serve during good behavier under civil service rules.
The report 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. Daughtry of Wilkinson-
House Bill No. 282. A bill to be entitled an Act abolishing the Board of Commissioners of Roads and Revenues for Wilkinson 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 37, nays 0.

516

JouRNAL OF THE SENATE,

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

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 283. A bill to be entitled an Act abolishing the offices of Tax Receiver and Tax Collector of Colquitt 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 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 284. A bill to be entitled an Act creating the offices of Tax Commissioner and Assistant County Tax Commissioner of Colquitt County, 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 36, nays 0.
The bill having received the requisite Constiutional majority, was passed.

By Mr. Lott of Coffee-
House Bill No. 371. A bill to be entitled an Act abolishing the offices of Tax Receiver and Tax Collector and creating a County Tax Commissioner for Coffee County.
The report of the committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

FRIDAY, FEBRUARY 17, 1933.

517

Senator Cason of the 22nd District, moved that the following three bills of the House be tabled, and the motion prevailed; and the bills were ordered to lay on the table.

By Messrs. Defore, Gillen and Park of Bibb-
House Bill No. 128. A bill to be entitled an Act to merge the Governments of the City of Macon and Bibb County.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 347. A bill to be entitled an Act to amend Act creating a new charter for the City of Macon, and for other purposes.

By Messrs. Park and Defore of Bibb-
House Bill No. 434. A bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner of Bibb County.
A telegram from Senator Knox of the 3rd District was received by President McWhorter and read by the Secretary, in which he informed the Senate of the decided improvement in his physical condition. Senator Nelson of the 6th District asked unanimous consent that the Secretary of the Senate telegraph Senator Knox expressing their great pleasure in learning of his marked improvement and earnest hopes for his rapid recovery, and the consent was granted.
The committee appointed to look into the feasibility of attending the inauguration at Washington of the Presidentelect, submitted a report as to railroad rates and schedules and recommending that the proposition of the Seaboard Air Line be given preference, was read and adopted.
The following privileged resolution was read and adopted:

518

jOURNAL OF THE SENATE,

By Senators Morris of the 5th District and Nelson of the 6th District-
A resolution extending the privileges of the floor to Mrs. R. G. Dickerson, President of the Eighth District Federation of Woman's Clubs.
The following Bill of the Senate continued from yesterday's session was taken up for passage:

By Senators Howard of th.e 2nd District and Rivers of the 15th District-
Senate Bill No. 160. A bill to be entitled an Act to amend Act protecting birds, fish, game and fur bearing animals, and for other purposes; Senators Rivers of the 15th District and Howard of the 2nd District, moved to amend Senate Bill No. 160, Section 1, by striking from the 1Oth line of said Section the following figures and words, to-wit: "15th to February 15th" and insert in lieu thereof the following "20th to March 1st."
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.
The following bill of the Senate which was made a special and continuing order for today was read the third time and put upon its passage:

By Senator Key of the 28th District-
Senate Bill No. 123. A bill to protect the rights of creditors and beneficiaries under certain insurance policies.

FRIDAY, FEBRUARY 17, 1933.

519

The report 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 7, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following bill of the Senate which was reconsidered on the 14th instant, was put upon its passage :

By Senators Pottle of the lOth District, Sims of the 25th District, Sisk of the 30th District and Key of the 28th District-
Senate Bill No. 63. A bill to amend Section 4044 of the Civil Code providing for sale or encumbering property set aside for year's support.
Senator Paschall of 43rd offered to amend said bill by adding at the end of Section One thereof the following words : Providing such sale, contract conveyance or incumbrance shall have been approved by order of Ordinary of the County in which such widow resides.
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 as amended having received the requisite Consti-
tutional majority, was passed.
The following bill of the House was read the third time and put upon its passage:

By Messrs. Lanier, Cartledge and Harris of Richmond-
House Bill No. 68. A bill to amend Section 4942 of the Civil Code relative to admission to the Bar.

520

JoURNAL OF THE SENATE,

The committee moved to amend House Bill No. 68, 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 are now pursuing the study of law and have completed at least one year of study in a law school operating under the provisions of Section 4942 of the Code of Georgia on or before the first day of July, 1933."
Senator Hutcheson of the 44th District, moved to amend as follows:

By adding the following at the end of section 1, of said bill: "No person shall be permitted to take said Bar examination unless he shall have studied law for two years either in a law school or in the office of a practicing ~ttor ney."
Senator Cloud of the 19th District moved that each Senator be limited to 10 minutes for debate, and the motion prevailed.
The amendment offered by the Committee was adopted.
The ayes and nays were called on the amendment offered by the Senator of the 44th District.

The roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Andrews Baggett Boyd Boykin Cail

Carithers Conner Haralson Hogg Hubbard Hutcheson

Lewis Lovett Nelson Robertson Tate Tuten

Those voting in the negative were Senators:

Campbell Cason Cloud

Colson Culpepper Dean

Fetzer Goldin Groover

FRIDAY, FEBRUARY 17, 1933.

521

Howard of the 24th Howard of the 2nd Key Morris of the 39th Morris of the 5tJ:J.

Oliver Paschall Pottle Rivers Sims

Sisk Terrell Turner Weaver

The ayes were 18, nays 23, and the amendment was lost. The roll call was verified.
Not voting: Senators Dorminy of the 45th District, Edmondson of the 42nd District, Fudge of the 8th District, Jackson of the 21st District, Knox of the 3rd District, Lester of the 18th District, Mallett of the 26th District, Moore of the 47th District and Sparks of the 9th District.

The question was on the passage of the bill as amended.
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 for and the call was sustained, and the main question was ordered and the motion prevailed. The roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Boykin Cail Campbell Cason Cloud Colson Culpepper Dean Fetzer Goldin

Groover Howard of the 24th Howard of the 2nd Hubbard Key Lewis Lovett Moore Morris of the 39th Morris of the 5tJ:J. Nelson Oliver

Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver

Those voting in the negative were Senators:

Andrews Baggett

Boyd Carithers Conner

Haralson Hogg Hutcheson

522

jOURNAL OF THE SENATE,

The ayes were 35, nays 8. The roll call was verified.
The bill as amended having received the requisite Constitutional majority, was passed.
By unanimous consent the following bills were ordered immediately transmitted to the House, Senate Bill No. 160, Senate Bill No. 123, Senate Bill No. 63, and House Bill No. 68.
The following resolutions of the Senate were read the third time and put upon their passage:

By Senator Moore of the 47th District-
Senate Resolution No. 30. A resolution that the Highway Department pave a stretch of road in the vicinity of The Georgia Coastal Plain Experiment Station.
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, nays 0.
The resolution having received the requisite Constitutional majority, was passed.

By Senator Hubbard of the 31st District-
Senate Resolution No. 53. A resolution that State Librarian furnish copies of the Code to the Ordinary of Habersham 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 30, nays 0.
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:

FRIDAY, FEBRUARY 17, 1933.

523

By Senator Terrell of the 37th District-
Senate Bill No. 2. A bill to establish the Franklin D. Roosevelt Highway.

The Committee offered the following amendment:
Senate Bill No. 2 is amended as follows:
By striking from Section 1 the following words, to-wit: "To Warm Springs, Georgia, thence along State Highway No. 85 from Warm Springs, Georgia, to Columbus, Georgia, and to the point where said State Highway No. 85 touches the border line of the States of Georgia and Alabama;" and inserting in lieu thereof the following words:
"To Greenville, Georgia, thence along State Highway No. 18 to Chipley, Georgia, thence along State Highway No. 1 to Columbus, Georgia; it is further provided that a branch of said Franklin D. Roosevelt Highway shall be along State Highway No. 41 to Warm Springs, Georgia," from Harris, Ga.
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 0.
The bill as amended having received the requisite Constitutional majority, was passed.
By unanimous consent the above bill, Senate Bill No. 2,
and Senate Resolution No. 53 were ordered immediately
transmitted to the House.
Senator Lovett of the 16th District moved that when the Senate adjourns today it stand adjourned until eleven o'clock Monday morning next, and the motion prevailed.
The President appointed the following committee under

524

jOURNAL OF THE SENATE,

Senate Resolution No. 15, a resolution that a committee be appointed to investigate the contracts for the purchase of school books made by the Text-Book Commission:
Senator Tuten of the 46th District, Senator Key of the 28th District and Senator Colson of the 4th District.
An invitation from the ladies of the Emergency Relief Committee inviting the officers and members of the Senate to be their guests at an entertainment at the Paramount Theatre in Atlanta, at three o'clock next Sunday afternoon, was received and accepted.
The hour of adjournment having arrived, the President announced that the Senate stood adjourned until eleven o'clock next Monday morning.

MONDAY, FEBRUARY 20, 1933.

525

SENATE CHAMBER, ATLANTA, GA.,
MONDAY, FEBRUARY 20, 1933.
The Senate met, pursuant to adjournment, at eleven o'clock A. M., this day, and was called to order by the President.
Prayer was offered by the Reverend T. M. Luke, of the Christian Church.
By unanimous consent the calling of the roll was dispensed with.
Senator Nelson of the 6th District reported that he had examined the Journal of the preceding session and found it correct.
Senator Terrell of the 37th District, at the request of the Senator .from the 47th District, gave notice that he would move at the proper time that the Senate reconsider its action in passing House Bill No. 284, last Friday.
By unanimous consent the reading of the Journal was dispensed with.
Senator Terrell of the 37th District rose to a point of personal privilege.
The Journal was confirmed.
The following joint resolutions of the Senate were read and adopted :
By Senator Culpepper of the 36th District-
Senate Resolution No. 74. A resolution that the General Assembly approve a bill introduced in the Congress of the United States by Senator E. D. Smith, of South Carolina, providing for restricting the production of cotton.

526

JOURNAL OF THE SENATE,

By Senators McWhorter of the 50th District, Lester of the 18th District, and Fetzer of the 1st District-
Senate Resolution No. 75, as follows, to-wit:

A JOINT RESOLUTION

Whereas, by unanimous invitation of the Senate and House of the Legislature of this State, His Excellency, Martin Sennett Conner, Governor of Mississippi, addressed the General Assembly of Georgia in joint session on the fifteenth day of February, 1933, on the absorbing question of taxation; and
H7 hereas, Governor Conner appeared before us as a native son of Georgia's fair daughter-the historic and patriotic State of Mississippi-the home of Jefferson Davis, that grand type of a mighty past, and the central sun of a splendid constellation in which shone with resplendent luster, L. Q. C. Lamar, Sergeant S. Prentiss, Robert J. Walker, James Zachariah George, and other brilliant luminaries whose light has guided the footsteps of countless thousands of Southerners; and
Whereas, Governor Conner came to' Georgia with the nation-wide reputation of a successful leader in real constructive legislation, and as one who has labored ardently and unceasingly to solve the financial problems of Mississippi, and relieve her citizens of the burden of their harassed and anxious times; and

Whereas, his illuminating, eloquent and comprehensive

address marks a new epoch in the legislative annals of

Georgia, and will be helpful in our study and consideration

of the great problem of taxation-a wise solution of which

will enable Georgians to press forward to new heights of

glory and progress, and again rejoice in the prosperity of

the land and of happy homes; and



MoNDAY, FEBRUARY 20, 1933.

527

IVhereas, the personality of the Governor of Mississippi was as delightful as his eloquence was refreshing.
Therefore be it resolved, That the members of the General Assembly of Georgia hereby express their warm appreciation of Governor Conner's visit to them, and tender to him their sincere thanks for his highly entertaining and informing address, which breathed the spirit of patriotism and was the essence of statesmanship. His presentation of his subject was like a brilliant panorama-everything had been made visible and clear to the vision and understanding.
Be it further resolved, That the Secretary of the Senate forward a copy of these resolutions to His Excellency, Governor Conner.

By Senators McvVhorter of the 50th District, Fetzer of the 1st District, and Lester of the 18th District-
Senate Resolution No. 76. A resolution thanking Adjutant General Lindley W. Camp and his staff for courtesies shown the Governor of Mississippi on his recent visit to Atlanta.

By Senators McWhorter of the 50th District, Fetzer of the 1st District, and Lester of the 18th District-
Senate Resolution No. 77. A resolution thanking the Honorable M. Shelby Pickett, Chairman of the Tax Commission of the State of Mississippi, for suggestions and interest shown in Georgia's tax problems.

By Senators McWhorter of the 50th District, Fetzer of the 1st District, Lester of the 18th District-

Senate Resolution No. 78. A resolution thanking the Honorable A. L. Belle Isle, of Atlanta, for arranging transportation for the committee of escort on the occasion of the visit of the Governor of Mississippi.

528

JoURNAL OF THE SENATE,

By Senator Fetzer of the 1st District-
Senate Resolution No. 79. A resolution to provide for refund of license taxes on tags purchased prior to passage of proposed legislation to reduce fees for registration of motor vehicles.

The following resolution of the Senate was read and referred to the Committee on Public Library:

By Senator Nelson of the 6th District-
Senate Resolution No. 80. A resolution to provide law books for Cook County.
The following bills of the Senate were introduced, read the first time and referred to committees:

By Senators Sims of the 35th District and Terrell of the 37th District-
Senate Bill No. 186. A bill to abolish the State Revenue Commission.
Referred to Committee on State of the Republic.

By Senator Boyd of the 33rd District-
Senate Bill No. 190. A bill to amend an Act approved August 17th, 1932, to require quarterly statements of fees to be filed in the office of the Clerk of the Superior Court.
Referred to Committee on Counties and County Matters.

By Senator Robertson of the 32nd District-
Senate Bill No. 191. A bill to amend an Act to create the office of County Treasurer of White County.
Referred to Committee on Counties and County Matters.

MoNDAY, FEBRUARY 20, 1933.

529

By Senators Sims of the 35th District and Terrell of the 37th District-
Senate Bill No. 192. A bill to create an Inspection Department in the office of the Comptroller General, and for other purposes.
Referred to Committee on State of the Republic.
By unanimous consent Senate Resolutions No. 74, No. 75, No. 76, No. 77, No. 78, and No. 79, were ordered immediately transmitted to the House.
Mr. Lester of the 18th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration Senate Resolution No. 49, and the committee has instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
Mr. Hubbard of the 31st District, Chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:
Your Committee on Education and Public Schools have had under consideration the following bills, and the Committee on Education and Public Schools have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:

Senate Bill No. 98. By Senator Key, being an Act entitled an Act to amend Text-Book Commission Bill No. 296 of the Acts of 1931, page 136, etc.

530

JOURNAL OF THE SENATE,

Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consideration the following bill of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass, to-wit:
Senate Bill No. 127.

Mr. J. C. Lewis of the 20th District, submitted the following report :

Mr. President:
Your committee have had under consideration the following and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass by substitute:
Senate Bill No. 7.
Mr. Colson of the 4th District, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. President:

Your Committee on Game and Fish have had under consideration the following bill of the House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass as amended:

House Bill No. 362.

CoLSON, Chairman.

Mr. J. 1\1. Fudge of the 8th District, Chairman of the
Committee on Agriculture, submitted the following report:

MoNDAY, FEBRUARY 20, 1933.

531

Mr. President:

Your committee on Agriculture have had under consideration the following bills of the Senate, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:

Senate Bill No. 183. Senate Bill No. 189.

Mr. Rivers of the 15th District, Chairman of the Com-

mittee on Counties and County Matters, submitted the fol-

low~ng report:



Mr. President:

Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:

House Bill No. 295. By Mr. Johnson of Seminole, do pass.

House Bill No. 412. By Mr. Lane of Jenkins, do pass.

House Bill No. 424. By Mr. Patten of Tift, do pass as amended.

House Bill No. 425. By Mr. Patten of Tift, do pass.
House Bill No. 445. By Mr. Rawlins of Telfair, do pass.
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills: Nos..2, 63, 123, 160, and Senate Resolutions Nos. 30, 53, and reports the same back as being ready for transmission to the House.
Respectfully submitted,
w. F. ANDREWS,
Chairman.

532

JoURNAL OF THE SENATE,

Mr. President:
Your Committee on Enrollment has read and examined the following Acts originating in the Senate and report the same back as being correctly enrolled and ready for transmission by the Secretary of the Senate to the Governor:
No. 37.
Respectfully submitted,
c. G. ALSTON,
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 resolution of the House, to-wit:

By Mr. Longley of Troup-
House Resolution No. 115. Memorializing Congress relative to the manufacture of cotton duck by Federal Prison labor, 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 of the Senate, to-wit:

By Mr. Sims of the 35th District-
Senate Bill No. 74. A bill to amend Section 5202 of the Civil Code of 1910, so as to provide; in event of death of Judge or Justice, or where he cannot affirm or deny the allegation in a petition for certiorari, that the same shall be overruled and a new trial granted.

MoNDAY, FEBRUARY 20, 1933.

533

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. Flynt and Rogers of Spalding-
House Bill No. 70. A bill to be entitled an Act to amend an Act to authorize the Commissioners of Roads and Revenues of Spalding County to designate a banking institution in said county to act as county depository, and for other purposes.

By Messrs. Flynt and Rogers of Spalding-
House Bill No. 71. A bill to be entitled an Act to propose an amendment to Article 7, Section 7, Paragraph 1 of the Constitution, so as to authorize Spalding County to make temporary loans, and for other purposes.

By Messrs. Chappell and Stukes of Sumter-
House Bill No. 408. A bill to be entitled an Act to provide a salary in lieu of the fee system for the Clerk of the Superior Court and other Courts served by the Clerk of the Superior Court in counties of a certain population, and for other purposes.

By Mr. Williams of Bacon-
House Bill No. 426. A bill to be entitled an Act to amend the amending Act which amended the Act approved August 6, 1915, making the office of City Marshall and Clerk of Council of City of Alma elective by the Councilmen, and for other purposes.

By Mr. Dixon of PierceHouse Bill No. 427. A bill to be entitled an Act to

534

JOURNAL OF THE SENATE,

amend the charter of the City of Blackshear, 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 Mr. Comas of Appling-
House Bill No. 441. A bill to amend an Act approved August 1, 1929, entitled an Act to vest in the Tax Collectors of such counties of the State of Georgia having a certain population, all the powers of sheriffs in their respective counties, and for other purposes.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 456. A bill to be entitled an Act to amend an Act to abolish the office of County Treasurer of Colquitt County; to provide for the selection of a County Depository, and for other purposes.

By Messrs. Scruggs and Goodwin of Washington-
House Bill No. 459. A bill to be entitled an Act to amend the Act creating the Board of County Commissioners of Washington County, approved August 30,1913, fixing compensation of County Commissioners at $600 per annum, and for other purposes.
By Messrs. Scruggs and Goodwin of Washington-
House Bill No. 465. A bill to abolish the offices of Tax Receiver and Tax Collector and to create the office of County Tax Commissioner of Washington County, Georgia, and for other purposes.

MONDAY, FEBRUARY 20, 1933.

535

By Messrs. Scruggs and Goodwin of Washington-
House Bill No. 466. A bill to be entitled an Act to establish a County Council for Washington County, Georgia, and for other purposes.

By Messrs. Scott and Robison of Thomas-
House Bill No. 512. A bill to be entitled an Act to amend an Act approved October 3rd, 1899, entitled an Act to incorporate the Town of Thomasville as the City of Thomasville, and for other purposes.

By Messrs. Park, Defore and Gillen of Bibb-
House Bill No. 518. A bill to abolish the Board of Tax Equalizers in counties of a certain population and creating permanent Tax Assessors and Board of Tax Appeals.
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. Park, Defore and Gillen of Bibb-
House Bill No. 519. A bill to amend an Act creating the County Board of Commissioners for the County of Bibb, approved February 6, 1873, as amended, and for other purposes.

By Mr. Ansley of Lee-
House Bill No. 540. A bill to be entitled an Act to amend the Act granting corporate authority to the Town of Leesburg; to confer certain powers upon the Mayor and City Council of Leesburg, and for other purposes.

536

JouRNAL OF THE SENATE,

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

By Senator Key of the 28th District-
Senate Bill No. 7. A bill to prevent the fraudulent operation of slot machines and coin receptacles and to provide for the violation hereof.

By Senator Key of the 28th District-
Senate Bill No. 98. A bill to amend the Act creating a Text-Book Commission.

By Senator Sisk of the 30th District-
Senate Bill No. 127. A bill to authorize counties, municipalities, political subdivisions or other public boards or bodies to install, purchase, operate and/or maintain highway crossing safety guards as herein defined and specified, or any similar devices installed or used at or near any place of public travel for purposes of safety, warning or protection, and for other purposes.

By Senators Jackson of the 21st District, Boyd of the 33rd District and Terrell of the 37th District-
Senate Bill No. 183. A bill to regulate the sale of poultry eggs, to define what is a marketable fresh egg, to provide penalties for violation of the same, and for other purposes.

By Senator Fudge of the 8th District-
Senate Bill No. 189. A bill to prohibit the collection of any taxes upon sales of agricultural products under the Act approved August 29, 1929, commonly known as the Sales Tax Act of 1929, and the amendments thereof, said Act being published in Georgia Laws, 1929, pages 103 to 117, and for other purposes.

MONDAY, FEBRUARY 20, 1933.

537

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

By Senators Moore of the 47th District and Campbell of the 34th District-
Senate Resolution No. 49. A resolution proposing to the people of the State of Georgia an amendment to Ar-
ticle 5, Section 1, Paragraph A of the Constitution of this
State to fix the term of office of the Gove.rnor at four years; to provide that he shall not succeed himself; to authorize the General Assembly, by a majority vote of each branch thereof, to change the salary of the Governor; to fix the terms of office of State house officers whose terms run concurrently with that of the Governor at four years, and for other purposes.
The following bills of the House, favorably reported by the committees, were read the second time:

By Mr. Johnson of Seminole-
House Bill No. 295. A bill to amend Section 695 of the Political Code of Georgia, 1910, relating to road taxes in certain counties.

By Mr. Vaughn of Rockdale-
House Bill No. 362. A bill to provide for and to allow the use of wire fish baskets, and to permit seining in the streams of Rockade County during certain months of the year, and for other purposes.

By Mr. Lane of Jenkins-
House Bill No. 412. A bill to reduce the official bond of the Sheriff of Jenkins County, and for other purposes.

By Mr. Patten of TiftHouse Bill No. 424. A bill to amend Section 11 of an

538

}OURNAL OF THE SENATE,

Act approved August 15, 1927, entitled an Act to abolish the office of Tax Receiver and Tax Collector of Tift County and to create the office of Tax Commissioner, and for other purposes.
By Mr. Patten of Tift-
House Bill No. 4 25. A bill to abolish the office of County Treasurer of Tift County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, and for other purposes.
By Mr. Rawlins of Telfair-
House Bill No. 445. A bill to amehd Section 695 of the Civil Code of Georgia of 1910, and all Acts amendatory thereof, so as to vest a discretion in the Commissioners of Roads and Revenues of certain counties, pertaining to road duty and road taxes, and for other purposes.
Senator Howard of the 24th District rose to a point of personal privilege.
The following bills of the House were read the third time and put upon their passage:
By Mr. Childs of Taylor-
House Bill No. 82. A bill to be entitled an Act to provide for a better distribution of Commissioners of Roads and Revenues of Taylor 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Mr. Childs of Taylor-
House Bill No. 83. A bill to abolish the office of County Treasurer of Taylor County.

MONDAY, FEBRUARY 20, 1933.

539

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Childs of Taylor-
House Bill No. 84. A bill creating a County Depository for the County of Taylor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 44, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Childs of Taylor-
House Bill No. 85. A bill abolishing the offices of Tax Receiver and Tax Collector of Taylor County and creating the office of Tax Commissioner for 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 46, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Simmons and Griffin of Decatur-
House Bill No. 129. A bill amending the Act establishing the City Court of Bainbridge, 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, nays 0.

540

jOURNAL OF THE SENATE,

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

By Mr. Wood of Towns-
House Bill No. 167. A bill authorizing the County Board of Registrars and the Ordinary in certain counties to assist the Tax Collector in registering 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 44, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Mr. Wood of Towns-
House Bill No. 209. A bill providing that in certain counties the County Superintendent shall reside in the county-site, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Mr. Holt of Wilcox-
House Bill No. 221. A bill abolishing the Board of Commissioners of Roads and Revenues for the County of Wilcox, 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, nays 0. The bill having received the requisite Constitutional majority, was passed.

MONDAY, FEBRUARY 20, 1933.

541

By Mr. Holt of Wilcox-
House Bill No. 222. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 37, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Sumner and Tipton of Worth-
House Bill No. 250. A bill to be entitled an Act amending the Act establishing the Board of Commissioners of Roads and Revenues of Worth 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 3 7, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Crawford of Union-
House Bill No. 372. A bill to abolish the office of County Treasurer for Union 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 37, nays 0.
The bill having received the requisite Constitutional majori~y, was passed.

542

}OURNAL OF THE SENATE,

By Mr. Dickerson of Clinch-
House Bill No. 378. A bill abolishing the Board of Commissioners of Roads and Revenues for the County of Clinch, 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 45, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Dickerson of Clinch-
House Bill No. 379. A bill creating a Board of County Commissioners for Clinch County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Twitty and Stanton of Ware-
House Bill No. 40 1. A bill conferring the powers of the Sheriffs upon Tax Collectors in certain counties, in respect to the levy of tax fi. fas., 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Dixon of PierceHouse Bill No. 410. A bill allowing the qualified voters

MONDAY, FEBRUARY 20, 1933.

543

of Blackshear, Georgia, to vote for the County Superintendent of Schools, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Dixon of Pierce-
House Bill No. 411. A bill providing that residents of independent school systems shall have the right to vote in primaries and elections for County School Superintendents in counties of certain population, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Dixon of Pierce-
House Bill No. 199. A bill to amend an Act to establish the City Court of Blackshear.
The committee offered the following substitute:
A BILL
To be entitled an Act to amend an Act entitled an Act to establish the City Court of Blackshear in and for the County of Pierce, approved August 15, 1911, and all Acts amendatory thereof, and to reduce the salary of the Judge and Solicitor of the said City Court of Blackshear, and for other purposes.

544

JoURNAL OF THE SENATE,

Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act that the Act of the General Assembly of Georgia, approved August 15, 1911, and set out in the laws of 1911, pages 210-229, inclusive, creating the City Court of Blackshear, referred to in the caption of this Act, and all Acts amendatory thereof, and particularly the Acts of the General Assembly of Georgia of 1929, set out on pages 371 and 377, inclusive, to be, and the same is, hereby amended as follows, to-wit:

Section 1 of the Acts of 1929 is hereby amended by striking from said Section 1 the following words and figures, to-wit: "Twenty-four Hundred Dollars ($2,400.00)" wherever the same appears in Section 1 of said Act of 1929, on pages 372 and 373, and inserting in lieu thereof the following words and figures: "Eighteen Hundred Dollars ($1,800.00)," so that when that part of said Section 1 of the Act of 1929 is amended the same shall read as follows, to-wit: "The Solicitor of the said City Court of Blackshear shall not be entitled to receive any fees whatsoever for his services in said City Court of Blackshear, but instead of said fees he shall be paid Eighteen Hundred Dollars ( $1,800.00) per year in the form of a salary, said salary to be paid monthly in equal installments by the Treasurer or County depository of said County on the order of the Ordinary, Commissioner of Roads and Revenues, or other persons in said county charged by law with the paying out of money of the County of Pierce, and it shall be the duty of such person to make provision annually for the payment of said salary by levying and collecting taxes for this purpose."
Section 2. Section 2 of said Act of 1929 is hereby amended by striking the following words, to-wit: "Twentyfour Hundred ( $2,400.00) dollars," wherever th~ same appears in Section 2 of said Act of 1929, pages 374, and inserting in lieu thereof the following words, to-wit:

MONDAY, FEBRUARY 20, 1933.

545

"Eighteen Hundred ( $1,800.00) Dollars," so that said Section 2 of said Act, when amended, shall read as follows, to-wit:
"Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that Section 2 of the original Act created in the City Court of Blackshear, approved August 15, 1911, is amended by Acts approved August 16, 1918, as amended by Acts approved August 17, 1929, be and the same is, hereby amended by striking the words 'Twenty-four Hundred ( $2,400.00) Dollars," found in the 32nd line of said paragraph, and inserting in lieu thereof the words 'Eighteen Hundred ($1,800.00) Dollars,' so that said Section as a whole as amended, shall read as follows: 'Be it enacted by the authority aforesaid, that there shall be a judge of the City Court of Blackshear who shall be elected by the qualified voters of the County of Pierce, that the next general election to be held by the election of the General Assembly of Georgia in the same manner as the county officers for the County of Pierce are now elected and may hereafter be elected, and in whose time of office shall be for a period of four ( 4) years beginning the first day of January, 193 5, and until his successor is elected and qualified, and thereafter the term of office of said Judge shall be for four ( 4) years and he shall be elected by the qualified voters of Pierce County every four (4) years from said election herein provided under the provisions of this section at the same time and in the same manner of county officers of Pierce County are now elected or may be hereafter elected, and all persons elected under the provisions of this section shall be commissioned by the Governor as county officers are commissioned. Should there be a vacancy in the office of said Judge from any cause whatsoever, the said vacancy shall be filled in the same manner as vacancy in the office of the Judge of Superior Court. The Judge of the City Court shall receive a salary of Eighteen Hundred ($1,800.00) Dollars per annum, which shall be paid in equal monthly

546

JoURNAL OF THE SENATE,

installments, which shall so remain until changed by law and shall be paid monthly in equal installments by the Treasurer of county depository of said County on the order of the Ordinary, Commissioner of Roads and Revenues, or other person in" said county charged by law with the paying out of money in the County of Pierce, and it shall be the duty of said person to make provisions annually for the payment of said salary by levying and collecting taxes for this purpose. The Judge of said Court shall receive no other compensation, but may practice law in any Court except his own.' "
Section 3. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the salary of the Judge of the City Court of Blackshear shall be reduced from Twenty-four Hundred ( $2,400.00) Dollars per year to Eighteen Hundred ( $1,800.00) Doll~rs per year, and the salary of the Solicitor of the Court of the City of Blackshear shall be reduced from Twenty-four Hundred ($2,400.00) Dollars per year to Eighteen Hundred ($1,800.00) Dollars per year, to take effect immediately upon the passage of this Act.
Section 4. 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 all laws and parts of laws in conflict shall 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 44, nays 0.
The bill, by substitute, having received the requisite Constitutional majority, was passed.

MoNDAY, FEBRUARY 20, 1933.

547

By Messrs. Sumner and Tipton of Worth-
House Bill No. 249. A bill to consolidate the offices of Tax Receiver and Tax Collector of Worth County, and for other purposes.
Senator Pottle of the 1Oth District offered the following amendment :
By striking Section 5 of the said bill as introduced in its entirety and substituting in lieu thereof a new section, to read as follows :
Section 5. This Act shall be, and is hereby made, effect-
ive and of force immediately upon its passage and approval and it is accordingly hereby declared and provided that the offices of Tax Receiver and Tax Collector of the said County of Worth shall end and become merged into the office of Tax Commissioner as of the date this Act becomes law; and that upon this Act becoming law and the office of County Tax Commissioner created hereby thereby coming into existence, the same shall be treated as being vacant, and it shall thereupon be, and is hereby made, the duty of the Ordinary of said County of Worth to appoint to the said office of Tax Commissioner some person resident in the said county, possessing the qualifications required under the general laws of the State of Georgia as to the offic.e of Tax Collector, and being in the judgment of the said Ordinary competent and well qualified to fill the said office and efficiently perform the service required by law of such officer, the appointment to be made by said Ordinary within thirty days from the date this Act becomes law, by order passed and signed by him and entered upon the Minutes of the Court of Ordinary; and the said Ordinary shall immediately upon passing and entering said order, make two certified copies thereof and transmit one certified copy to the Governor of Georgia, and another to the Secretary of State of Georgia, and thereupon it shall be the duty of the Governor, and he is hereby empowered, to commission the

548

JoURNAL OF THE SENATE,

said appointee, upon qualification as in this Act required, for the time beginning on the date of the qualification and receiving the commission by such appointee and the election and qualification of the successor of said appointee, as hereinafter provided for, the appointee thus appointed and commissioned to hold and exercise the said office for said time; and in the event the said appointment shall not for any reason be made by the Ordinary of the said county within the time above stipulated, it shall then be, and is hereby made, the duty of the Judge of the Superior Courts of the Tifton Judicial Circuit to make said appointment within the following thirty days after the expiration of the first thirty days after this Act becomes law, and said Judge of Superior Court is hereby, in such event, so empowered, the appointment to be made by signing and filing written order with the Clerk of the Superior Court of the said County of \Vorth, who shall thereupon enter the same on the Minutes of the Superior Court of said county and make two certified copies thereof and transmit one to the Governor of Georgia and another to the Secretary of State, the appointee to be commissioned thereupon in the same way and for the same time as above provided with reference to appointment by the Ordinary.
No one shall be eligible or qualified to hold the said office of County Tax Commissioner of said county who does not possess the qualifications required by the general law of the State of Georgia as to the office of Tax Collector, until otherwise provided by law.
It is further hereby enacted and provided that the successor to the person appointed and commissioned as hereinabove provided, shall be, and is hereby required to be, elected at the next regular general election to be held in the said County of Worth on Tuesday after the first Monday in November, 1934, at the same time the Governor, members of the General Assembly and other officers of the said State are elected, the said election as to this office of Tax

MoNDAY, FEBRUARY 20, 1933.

549

Commissioner to be held in the same way as is provided by the general laws of said State with reference to the county officers of the said county, the Ordinary of said county to provide and furnish the necessary blanks for the purpose, and the returns to be made and the result determined and certified in the same manner as in case of the regular general election of county officers of said county; and the person duly elected at said election on Tuesday after the first Monday in November, 1934, shall be permitted to qualify in the same manner as is required of Tax Collectors, and thereupon shall be commissioned by the Governor for the remaining unexpired part of the present four year term, that 1s to say, from the date of qualification to January 1, 1937, and until the successor shall be elected and qualified; and the successor to the person elected for this unexpired term shall be elected in the usual and regular manner provided by general laws as to county officers at the regular election on Tuesday after the first Monday in November in the year 1936, and the successors in order at the regular quadrennial elections thereafter, until changed by law; and said officers shall be commissioned for the terms to which they shall be elected ~fter the manner of Tax Collectors under the general laws applicable.
The existing general laws of the State of Georgia applicable to vacancies in the offices of the Clerks of the Superior Courts (also governing as to vacancies in the offices of Tax Receivers and Tax Collectors) shall apply and govern as to the matter of filling vacancies that may hereafter occur in this office of Tax Commissioner of the said County of '\Vorth.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, a'S amended, the ayes were 37, nays 0.

550

JoURNAL OF THE SENATE,

The bill, as amended, having received the requisite Constitutional majority, was passed.
The Senate reconsidered its action on House Bill No. 284, on the 17th inst., and the bill was taken up for passage:

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 284. A bill to create the offices of Tax Commissioner and Assistant Tax Commissioner of Colquitt County.

Senator Moore of the 47th District moved to amend House Bill No. 284 by adding at the end of Section 12 (B) the following provision:
"And provided further that the expenses of said Assistant Tax Commissioner, incurred in the performance of his duties, shall be l:>orne by said county as a part of the cost of County Government." .
Senator Moore of the 47th District moved to amend House Bill No. 284 further by adding after the word "determined," in line 6 of Section 12 (a) of said bill the following words : "and paid."
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, nays 0.
The bill, as amended, having received the requisite Constitutional majority, was passed.
The Senate concurred in the following resolution of the House:

MONDAY, FEBRUARY 20, 1933.

551

By Mr. Longley of Troup-
House Resolution No. 115. A resolution to memorialize Congress relative to the manufacture of cotton duck by Federal prisoners.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Nelson of the 6th District-
Senate Bill No. 148. A bill providing for four terms each year of the Superior Court of Cook 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 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Oliver of the 48th District-
Senate Bill No. 167. A bill providing for the official bonds of sheriffs in counties of a certain population, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Boyd of the 33rd District-
Senate Bill No. 169. A bill abolishing the offices of Tax Collector and Tax Receiver of Hall County and creating in lieu thereof a Tax Commissioner for said county.

552

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 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following privileged resolutions were read and adopted:

By Senator Hogg of the 13th District-
A resolution extending the privileges of the floor to Mrs. C. C. Jordan, of Schley County.

By Senator Lester of the 18th District-
A resolution extending the privileges of the floor to Hon. Hamilton Phinizy, of Augusta.
The following bills of the House were read the first time and referred to committees:

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 519. A bill to amend an Act creating the County Board of Commissioners for the County of Bibb, approved February 6, 1873, as amended, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Ansley of Lee-
House Bill No. 540. A bill to be entitled an Act to amend the Act granting corporate authority to the Town of Leesburg; to confer certain powers upon the Mayor and City Council of Leesburg, and for other purposes.
Referred to Committee on Municipal Government.

MoNDAY, FEBRUARY 20, 1933.

553

By Mr. Comas of Appling-
House Bill No. 441. A bill to amend an Act approved August 1, 1929, entitled an Act to vest in the Tax Collectors of such counties of the State of Georgia having a certain population, all the powers of Sheriffs in their respective counties, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 456. A bill to be entitled an Act to amend an Act to abolish the office of County Treasurer of Colquitt County; to provide for the selection of a county depository, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Scruggs and Goodwin of Washington-
House Bill No. 459. A bill to be entitled an Act to amend the Act creating the Board of County Commissioners of vVashington County, approved August 30, 1913, fixing compensation of County Commissioners at $600 per an.num, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Scruggs and Goodwin of Washington-
House Bill No. 465. A bill to abolish the offices of Tax Receiver and Tax Collector and to create the office of County Tax Commissioner of Washington County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Scruggs and Goodwin of WashingtonHouse Bill No. 466. A bill to be entitled an Act to es-

554

JoURNAL OF THE SENATE,

tablish a County Council for Washington County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Scott and Robison of Thomas-
House Bill No. 512. A bill to be entitled an Act to amend an Act approved October 3, 1889, entitled an Act to incorporate the Town of Thomasville as the City of Thomasville, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Park, Defore and Gillen of Bibb-
House Bill No. 518. A bill to abolish the Board of Tax Equalizers in counties of a certain population and creating permanent Tax Assessors and Board of Tax Appeals.
Referred to Committee on Counties and County Matters.

By Messrs. Flynt and Rogers of Spalding-
House Bill No. 70. A bill to be entitled an Act to amend an Act to authorize the Commissioners of Roads and Revenues of Spalding County to designate a banking institution in said county to act as county depository, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Flynt and Rogers of Spalding-
House Bill No. 71. A bill to be entitled an Act to propose an amendment to Article 7, Section 7, Paragraph 1 of the Constitution, so as to authorize Spalding County to make temporary loans, and for other purposes.
Referred to Committee on Counties and County Matters.

MoNDAY, FEBRUARY 20, 1933.

555

By Messrs. Chappell and Stukes of Sumter-
House Bill No. 408. A bill to be entitled an Act to provide a salary in lieu of the fee system for the Clerk of Superior Court and other Courts served by the Clerk of the Superior Court in counties of a certain population, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. \Villiams of Bacon-
House Bill No. 426. A bill to be entitled an Act to amend the amending Act which amended the Act approved August 6, 1915, making the office of City Marshall and Clerk of Council of City of Alma elective by the Councilmen, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Dixon of Pierce-
House Bill No. 427. A bill to be entitled an Act to amend the charter of the City of Blackshear, and for other purposes.
Referred to Committee on Municipal Government.
The following bill of the House was read the third time and put upon its passage:

By Messrs. Comas of Appling, Burton of Franklin, Myrick of Chatham and Davis of Mitchell-
House Bill No. 1. A bill to carry into effect the amendment to the Constitution ratified November 8th, 1932, providing for repayment to counties of funds expended for State-aid roads.
Senators Carithers of the 27th District and Conner of the 14th District moved to amend House Bill No. 1 by adding the following to Paragraph 13, change period to comma:

556

jOURNAL OF THE SENATE,

Provided that in event of sale or pledge that same shall not be discounted at a rate not exceeding eight per cent.
The amendment was lost.
Senator Culpepper of the 36th District asked unanimous consent that the Senate continue in session until House Bill No. 1 was disposed of, and the consent was granted.
By unanimous consent the Senate reconsidered its action in failing to adopt the above amendment and the amendment was adopted.
Senator Key of the 28th District moved to amend the amendment of Senators Carithers and Conner by striking the words "or pledge." Also moved to amend said amendment by striking the last "not" in last line of the amendment.
The amendment to 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, nays 0.
The bill, as amended, having received the requisite Constitutional majority, was passed.
By unanimous consent the bill was ordered immediately transmitted to the House.
A communication from Mayor Thomas Gamble of Savannah acknowledging the receipt of the resolution thanking him for courtesies shown the Conservation Committees, was received and read.
A communication from President-elect Franklin D. Roosevelt expressing his appreciation of the resolution of the General Assembly felicitating him upon the occasiOn of his fifty-first birthday, was received and read.

MONDAY, FEBRUARY 20, 1933.

557

The hour of adjournment, as fixed by a previous motion, having arrived, the President announced that the Senate stood adjourned until ten o'clock tomorrow morning.
Miss Irene Hill, of Barrow County, and T. F. Dixon,
of \Vilkinson County, served as proofreaders from Janu-
ary 31 to February 20th, both dates inclusive. They commenced on February 21st to serve as Engrossing and En-
rolling clerks, and were succeeded as proofreaders by J. C.
Puett, of Towns County, and S. N. Manning, of Fulton County.

558

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GEORGIA,
TUESDAY, FEBRUARY 21, 1933.
The Senate met pursuant to adjournment at' 10 o'clock A. M., this day, and was called to order by the President.
An unexpected and delightful prelude to the day's session were several songs by the following members of the House of Representatives, accompanied by Miss Webster: Messrs. Donaldson of Bulloch, Claxton of Johnson, Barker of Heard, and Bland of Stewart.
Prayer was offered by the Reverend M. N. Maxwell, Pastor of the First Methodist Church of Covington, Georgia.
By unanimous consent the calling of the roll was dispensed with.
Senator W,.eaver of the 25th District, Chairman of the
Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with. The Journal was confirmed.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Cail of the 17th District-
Senate Bill No. 193. A bill to amend the "Act to revise the Health Laws."
Referred to the Committee on State of the Republic.
By Senator Knox of the 3rd District-
Senate Bill No. 194. A bill to provide for compensation of certain public officers not now compensated.

TUESDAY, FEBRUARY 21, 1933.

559

Referred to the Committee on State of the Republic.

By Senator Dean of the 11th District-
Senate Bill No. 195. A bill to establish a Delinquent
Tax Commission.
Referred to the Committee on State of the Republic.

By Senator Hutcheson of the 44th District-
Senate Bill No. 196. A bill to require the Highway Department to employ convicts in construction and maintenance of State Aid roads.
Referred to the Committee on Highways.
Mr. Howard of the Second District, Chairman of the Committee on Municipal Government, submitted the following report :
Mr. President:
Your Committee on Municipal Government have had under consideration the following bills of the Senate and House, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 175. By Sims of the 35th District, do pass.
Senate Bill No. 182. By Sims of the 35th District, do pass.
House Bill No. 382. By Dickerson of Clinch, do pass.
Senate Bill No. 159. By Morris of the 5th District, do pass.
House Bill No. 413. By Robinson of Jefferson, do pass.
House Bill No. 428. By Montgomery of Webster, do pass.

560

JouRNAL OF THE SENATE,

House Bill No. 438. By Clements of Wheeler, do pass.
House Bill No. 427. By Dixon of Pierce, do pass.
House Bill No. 540. By Ansley of Lee, do pass.
House Bill No. 440. By Comas of Appling, do pass.
House Bill No. 512. By Scott and Robinson of Thomas, do pass.
Mr. Haralson of the 40th District, Chairman of the Committee on Public Utility, submitted the following report:

Mr. President:
Your Committee on Public Utility have had under consideration the following bills of the House and Senate, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 20. To authorize a railroad corporation to sell or lease its property to another railroad corporation, do pass.

Senate Bill No. 46. To authorize a railroad corporation to sell or lease its property to another railroad corporation, do pass.
PAT HARALSON,
Chairman.
Mr. Sims of the 35th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:
Your Committee on Appropriations have had under consideration the following, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:

TUESDAY, FEBRUARY 21, 1933.

561

Senate Bill No. 99. Do pass by substitute bill, of this committee.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report :

Your Committee on Counties and County Matters have had under consideration the following bills of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 104. By Mr. Watkins of Oglethorpe, do pass.
House Bill No. 334. By Mr. Courson of Brantley, do pass.
House Bill No. 443. By Mr. Courson of Brantley, do pass.
House Bill No. 444. By Mr. Courson of Brantley, do pass.
Senate Bill No. 179. By Mr. Haralson of the 40th District, do pass.

Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills: Nos. 148, 167 and 169, and Senate Resolution No. 79, and reports the same back as being ready for transmission to the House.
Respectfully submitted,
w. F. ANDREWS,
Chairman.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

562

JOURNAL OF THE SENATE,

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

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 107. A bill to amend Section 4831 ( 1) of Code of Georgia of 1910 so as to provide for increase or decrease of salary of Judge of City Court in counties having a certain population, and for other purposes.

By Mr. Holland of Chattooga-
House Bill No. 330. A bill to abolish the office of County Treasurer of Chattooga County, Georgia; to provide the manner of handling the funds of said County, and for other purposes.
By Mr. Bush of Miller-
House Bill No. 476. A bill to amend an Act designating the number of Trustees for the several school districts of .Miller County, and -for other purposes.

By Mr. Herndon of HartHouse Bill No. 490. A bill to fix the amount of Bond
for Sheriff of Hart County, and for other purposes.
By Mr. Williams of Bacon-
House Bill No. 509. A bill to provide for the exclusion of certain lands from the corporate limits of the City of Alma in Bacon County, State of Georgia, and for other purposes.
By Mr. Dixon of PierceHouse Bill No. 510. A bill to amend an Act entitled an
Act to abolish the offices of Tax Receiver and Tax Col-

TUESDAY, FEBRUARY 21, 1933.

563

lector in Pierce County and to create the office of County Tax Commissioner of Pierce 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 reqmstte Constitutional majority the following bills and resolution of the House, to-wit:

By Mr. Dixon of Pierce-
House Bill No. 511. A bill to amend an Act to abolish the office of County Treasurer of Pierce County; to dispose of the money and property belonging to said office; and for other purposes.

By Mr. Williams of Bacon-
House Bill No. 523. A bill to amend an Act creating
the County Criminal Court of Bacon County, Georgia, and for other purposes.

By Mr. Dobbins of Morgan-
House Bill No. 544. A bill to reduce the bond of the Sheriff of Morgan County, and for other purposes.

By Mr. Gaskins of Berrien-
House Bill No. 547. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Berrien, and all Acts amendatory thereof, and for other purposes.

By Mr. Courson of BrantleyHouse Resolution No. 113-529a. A resolution request-

564

JOURNAL OF THE SENATE,

ing that State Librarian furnish certain books to the Clerk of Superior Court of Brantley County, Georgia.

The following bills of the Senate, favorably reported, by committees, were read the second time:
By Senator Fetzer of the 1st District-
Senate Bill No. 46. A bill to authorize any railroad corporation which has heretofore leased its property which lease has terminated and the lessor is not a going concern to sell or lease its property rights and franchise to another railroad corporation, and for other purposes.
By Senator Morris of the 5th District-
Senate Bill No. 159. A bill to amend an Act approved August 15, 1904, entitled an Act to create a new charter for the town of Willacoochee, and the County of Coffee, and for other purposes.

By Senator Sims of the 35th District-
Senate Bill No. 17 5. A bill to fix the times of holding primaries for city officials in the cities of 200,000 population, or over, and for other purposes.

By Senator Haralson of the 40th District-
Senate Bill No. 179. A bill to reduce the penalty of the official bond of the Sheriff of Union County, Georgia.

By Senator Sims of the 35th District-
Senate Bill No. 182. A bill to amend the pension law applicable to police department of the City of Atlanta.
The following bills of the House, favorably reported by committees, were read the second time:
By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 20. A bill to authorize a railroad cor-

TUESDAY, FEBRUARY 21, 1933.

565

poration to sell or lease its property to another railroad corporation, and for other purposes.

By Mr. Watkins of Oglethorpe-
House Bill No. 104. A bill to repeal an Act to e$tablish the City Court of Lexington in and for the County of Oglethorpe, and for other purposes.

By Mr. Courson of Brantley-
Hause Bill No. 334. A bill to amend an Act entitled an Act to abolish the office of County Treasurer of Brantley County, Georgia; to provide the manner of appointment of some bank or banks or person to whom County funds shall be turned over to, and for other purposes.

By Mr. Dickerson of Clinch-
House Bill No. 382. A bill to amend Charter of the City of Homerville, and for other purposes.

By Mr. Rabun of Jefferson-
House Bill No. 413. A bill to amend an Act approved December 18, 1900, entitled an Act to consolidate, amend and supersede the several Acts incorporating the town. of Louisville, and for other purposes.

By Mr. Dixon of Pierce-
House Bill No. 427. A bill to amend the Charter of the City of Blackshear; and for other purposes.

By Mr. Montgomery of Webster-
House Bill No. 428. A bill to amend an Act approved August 28, 1931, entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Webster, and for other purposes.

566

JoURNAL OF THE SENATE,

By Mr. Clements of Wheeler-
House Bill No. 438. A bill to amend an Act entitled an Act to incorporate the town of Alamo, by amending Section 4 and Section 18, and for other purposes.

By Mr. Comas of Appling-
House Bill No. 440. A bill to amend an Act to create a new charter for the City of Baxley, approved August 21, 1911, and for other purposes.

By Mr. Courson of Brantley-
House Bill No. 443. A bill to amend an Act approved August 14, 1931 providing for a Tax Commissioner for Brantley County, Georgia, and for other purposes.

By Mr. Courson of Brantley-
House Bill No. 444. A bill to amend an Act approved July 19, 1927, entitled an Act to create the office of Commissioners of Roads and Revenues of the County of Brantley, and for other purposes.

By Messrs. Scott and Robison of Thomas-
House Bill No. 512. A bill to amend an Act approved October 3, 1889, entitled an Act to incorporate the Town of Thomasville, as amended by an Act approved August 9, 1904, and the several Acts amendatory thereof, and for other purposes.
By Mr. Ansley of Lee-
House Bill No. 540. A bill to amend the Act granting corporate authority to the town of Leesburg; to confer certain powers upon the Mayor and City Council of Leesburg, and for other purposes.
The following bills of the House were read the third time and put upon their passage :

TUESDAY, FEBRUARY 21, 1933.

567

By Mr. Vaughn of Rockdale-
House Bill No. 362. A bill to provide for the use of wire fish baskets, in certain streams of Rockdale County.
Senator Campbell of the 34th District moved to amend House Bill No. 362 as follows:
By adding the words "and Newton" immediately following the word Rockdale wherever same appears in said Bin, and the caption thereof.
And to further amend said Bill by changing the word "County" wherever said word appears in said bill, to the word "Counties," and amend the caption accordingly.
The amendment was adopted.
The report of the committee which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill the ayes were 33, nays 0.
The bill as amended having received the requisite Constitutional majority was passed.

By Mr. Patten of Tift-
House Bill No. 424. A bill to amend an Act to abolish the office of Tax Receiver and Tax Collector of Tift County; to create a Tax Commissioner.
Senator Moore of the 47th District moved to amend House Bill No. 424 by striking from Section One thereof the following:
"Or by personal sureties to be approved by the said Board of Commissioners" and at all places where said words appear in said section and 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.

568

JoURNAL OF THE SENATE,

On the passage of the bill the ayes were 43, nays 0.
The bill as amended having received the requisite Constitutional majority, was passed.
The following resolutions of the Senate were read the third time and put upon their passage:

By Senator Terrell of the 37th District-
Senate Resolution No. 55. A resolution that the State Librarian furnish a copy of the Code to H. G. Thompson of Troup 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 41, nays 0.
The resolution having received the requisite Constitutional majority, was passed.

By Senator Terrell of the 37th District-

Senate Resolution No. 56. A resolution that the State Librarian furnish a copy of the Code to R. J. Guinn, Justice of the Peace, LaGrange, Ga.
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 43, nays
0.
The resolution having received the requisite Constitu tional majority, was passed.

By Senator Terrell of the 37th District-
Senate Resolution No. 62. A resolution that the State Librarian furnish a copy of the Code to Sam D. Jones, Justice of the Peace, Troup County.

TUESDAY, FEBRUARY 21, 1933.

569

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 nays 0.
The resolution 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. Longley and Davis of Troup-
House Resolution No. 33-120A. A resolution to relieve surety on bond of Claude Boykin.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0. The bill, having received the requisite Constitutional majority, was passed.

By Mr. Keown of Whitfield-
House Resolution No. 37-182A. A resolution to relieve surety on a bond, 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Longley and Davis of Troup-
House Resolution No. 42B-222A. A resolution to provide a Library for Hon. Lee B. Wyatt, Judge Superior Court of Coweta Circuit.

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 45, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Vaughn of Rockdale-
House Resolution No. 51-257A. A resolution to provide certain volumes of the Reports of the Supreme Court and Court of Appeals of Georgia to the Commissioners of Rockdale County, for the use of the 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 4 7, 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. Johnson of Seminole-
House Bill No. 295, A bill to amend Section 695 of the Political Code of Georgia, 1910, enumerating who is subject to road duty or commutation tax in lieu thereof as amended by the Act approved August 15, 1922, related to road taxes in certain 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 38, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

TuEsDAY, FEBRUARY 21, 1933.

571

By Messrs. Teasley of Cherokee, Tate of Pickens, Hampton of Gilmer, Black of Forsyth, Kiker of Fanning and Allen of Cobb-
House Bill No. 319. A bill to amend an Act approved August 18, 1918, and the several Acts amendatory thereof, so as to abolish the fee system in Blue Ridge Judicial Circuit as to Solicitor-General and substitute a salary in lieu thereof, 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Lane of Jenkins-
House Bill No. 412. A bill to reduce the official bond of the Sheriff of Jenkins County, and for other purposes.
The report of the committee, which was favorable to the passage of t:he bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Patten of Tift-
House Bill No. 425. A bill to abolish the office of County Treasuer of Tift County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, 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 45, nays 0.

572

JoURNAL OF THE SENATE,

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

By Mr. Rawlins of Telfair-
Hause Bill No. 445. A bill to amend Section 695 of the Civil Code of Georgia of 1910, and all Acts amendatory thereof, so as to vest a discretion in the Commissioners of Roads and Revenues of certain Counties, pertaining to road duty and road taxes; 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.
Senator Lewis of the 20th District asked unanimous consent that House Bill No. 419, a bill by Mr. Pound of Hancock to provide for holding three terms of Court, of Hancock Superior Court, be withdrawn from the committee, read the second time and recommitted, and the consent was granted.
Senator Sisk of the 30th District asked unanimous consent that House Bill No. 313, a bill by Mr. Kelley of Elbert to amend the charter of the City of Elberton, be withdrawn from the committee, read the second time and recommitted, and the consent was granted.
The Senate took up Senate Bill No. 75, a bill by Senators Sims of the 35th District and Campbell of the 34th District to amend the charter of the City of Atlanta, for the purpose of considering the following House amendment:
By Mr. Hartsfield of Fulton-
Amend Senate Bill No. 75, by adding to Section 2, line 2, after the words "United States Census" the words: "Or any future, United States Census."

TuESDAY, FEBRUARY 21, 1933.

573

And by amending line 7 of said section by inserting immediately after the words "assessed against the taxpayers," the words "plus a prorata part of the fi fa costs, based upon the number of parcels of real estate covered by said fi fa."
The Senate agreed to the House amendment.
Senator Colson of the 4th District moved that House Bill No. 182 and all amendments and substitutes thereto be taken from the table and the motion prevailed and the bill was placed at the foot of the calendar of third reading bills.
The following resolution of the Senate was read and referred to the Committee on Rules:

By Senator Fetzer of the 1st District-
Senate Resolution No. 81. A resolution that House Bill No. 18 2 be made a special and continuing order for February 22nd, immediately following the period of unanimous consents.
The following resolution of the House was read the third time and put upon its passage:

By Messrs. Lane of Jenkins and Pope of Toombs-
Hause Resolution No. 86. A resolution that the State Highway Department enter into contracts with certain counties to build State Aid roads with convicts.
Senator Key of the 28th District moved to amend House Resolution No. 86 as follows :
By adding to last paragraph the following: Provided that in the letting of any contract, preference shall be given a county desiring said contract, provided said bid by said county is the lowest bid or equal to that of any other bidder.
The amendment was adopted.

574

JoURNAL OF THE SENATE,

The report of the committee which was favorable to the passage of the resolution as amended was agreed to.
On the passage of the resolution as amended, the ayes were 36, nays 0.
The resolution as amended having received the requisite Constitutional majority, was passed.
By unanimous consent the above resolution was ordered immediately transmitted to the House.
The following resolution of the Senate was read and referred to the Committee on Rules:

By Senator Terrell of the 37th District-
Senate Resolution No. 82. A resolution to place Senate Bill No. 99 on the calendar for today.
The following bill of the Senate was read the third time and put upon its passage:

By Senator Boykin of the 29th DistrictSenate Bill No. 156.

A BILL
To be entitled an Act to amend Paragraph 1, Section 1 of Article 7 of the Constitution of the State of Georgia, as amended by amendment thereto approved August 20, 1918, and contained in Georgia Laws of 1918, pages 98 and 99, by striking therefrom the figures, "1881" and inserting in lieu thereof "1903" so as to provide for widows of ex-Confederate soldiers to be paid pensions, who were married to ex-Confederate soldiers prior to January 1, 1903, instead of 1881, as now provided, 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

TuEsDAY, FEBRUARY 21, 1933.

575

of the same, that Paragraph 1, Section 1, Article 7 of the Constitution of the State of Georgia, as amended by Amendment approved August 20, 1918, as contained in Georgia Laws of 1918, on pages 98 and 99, by striking the figures "18 81" following the clause, "who were married prior to January 1," and inserting in lieu thereof the figures "1903," so that said Paragraph 1, Section 1, Article 7 of the Constitution of the State of Georgia shall read as follows:

"The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes, to make provisions for the payment of pensions to any ex-Confederate soldier now residing in this State who enlisted in the military service of the Confederate States during the War Between the States and who performed actual military services in the armies of the Confederate or of the organized militia of this State, and was honorably discharged therefrom, and to the widows now resident of this State of ex-Confederate soldiers who enlisted in the military service of the Confederate States, and who performed actual service in the armies of the Confederate States, or of the organized militia of this State who died in said military service or was honorably discharged therefrom, who were married prior to January 1, 1891. No. widow of a soldier killed during the war shall be deprived of her pension by reason of having subsequently married another veteran who is dead, unless she is receiving a pension on account of being the widow of such first husband."

Sec. 2. Be it enacted by the authority aforesaid, that if this Constitutional amendment shall be agreed to by a twothirds vote "for ratification of the amendment of Paragraph 1, Section 1, Article 7 of the Constitutional amendment (which strikes the figures "18 81" following the clause "who were married prior to January 1," and inserting in lieu thereof the figures "1903," so that said widows of ex-Confederate soldiers who married prior to January 1,

576

JoURNAL OF THE SENATE,

"1903," will be entitled to pensions, or "Against ratification of the amendment of Paragraph 1, Section 1, Article 7, of the amendment (which strikes the figures "1881" following the clause "who were married prior to January 1," and inserting in lieu thereof the figures "1903," so that widows of ex-Confederate soldiers who married prior to January 1, 1903, will be entitled to pensions)," as they may choose and if a majority of the electors qualified to vote for members of the next General Assembly voting shall vote in favor of ratification, then said amendment shall become a part of Paragraph 1, Section 1, of Article 7 of the Constitution of this State and the Governor shall make proclamation thereof.

Senator Culpepper of the 36th District offered an amendment which was lost.

The report of the committee which was favorable to the passage of the bill, was agreed to.

The bill proposing to amend the Constitution, the roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Baggett Boyd Boykin Cail Campbell Carithers Cason Colson Conner Culpepper Dean Dorminy Edmondson

Fetzer Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Lester Mallett

Moore Morris of the 39th Nelson Oliver Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver

Those voting in the negative were Senators:

Andrews

Lewis

Morris of the 5th

Knox

Lovett

Paschall

TUESDAY, FEBRUARY 21, 1933.

577

On the passage of the bill the ayes were 43, the nays 6.
The bill having received the requisite two-thirds Constitutional majority, was passed.
By unanimous consent the above bill was ordered immediately transmitted to the House.

By Senator Key of the 28th District-
Senate Bill No. 7. A bill to prohibit the fraudulent operation of coin slot machines and other vending devices, and for other purposes :
The Committee offered the following substitute:

A B1LL

To be entitled an Act to prevent the fraudulent operation of slot machines and coin receptacles and to provide penalties for the violation thereof.
Section 1. Be it enacted by the General Assembly of Georgia, and is hereby enacted by authority of the same, That from and after the passage of this Act any person who shall operate, or cause to be operated, or who shall attempt to operate, or attempt to cause to be operated any automatic vending machine, slot machine, coin-box telephone or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, by means of a slug or any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever not lawfully authorized by the owner, lessee or licensee of such machine, coin-box telephone or receptacle, or who shall take, obtain or receive from or in connection with any automatic vending machine, slot machine, coin-box telephone or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, any goods, wares, merchandise, gas,

578

JoURNAL OF THE SENATE,

electric current, article of value, or the use or enjoyment of any telephone or telegraph facilities or service, or any musical instrument, phonograph or other property, without depositing in and surrendering to such machine, coin-box telephone or receptacle lawful coin of the United States of America to the amount required therefor by the owner, Jessee or licensee of such machine, coin-box telephone or receptacle, shall be fined as for a misdemeanor.
Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that any person who, with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of any vending machine, coin-box telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or connection with the sale, use or enjoyment of property or service or the use or enjoyment of any telephone, telegraph or other facilities or service, or whoever, knowingly or having cause to believe that the same is intended for fraudulent or unlawful use on the part of the purchaser, donee or user thereof, shall manufacture for sale, sell or give away any token, slug, false or counterfeited coin or any device or substance whatsoever intended or calculated to be placed, deposited or used in any such vending machine, coin-box telephone or other receptacle, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Sec. 3. Be it further enacted that by authority aforesaid, all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
Senator Culpepper of the 36th District moved to table the bill and the motion was lost.
The substitute was adopt_ed.
The report of the committee which was favorable to the passage of the bill by substitute, was agreed to.

TUESDAY, FEBRUARY 21, 1933.

579

On the passage of the bill by substitute, the ayes were 34, the nays 0.
The bill by substitute having received the requisite Constitutional majority, was passed.
By unanimous consent the above bill was ordered immediately transmitted to the House.
The following prvilege resolutions were read and adopted:

By Senator Boykin of the 29th District-
Whereas, it has been brought to the attention of the Senate that some of the officers of the U. D. C., Georgia Division, are in the Capitol,
Therefore be it resolved by the Ser:tate that the following ladies who are officers of the U. D. C., Georgia Division, to-wit: Mrs. Forrest Kibler, Chairman of Legislation; Mrs. Frank Matthews, Recorder of Crosses; Mrs. John
A. Perdue, Honorary President; Mrs. J. Lawrence Mc-
Cord, Publicity Chairman; Mrs. I. Bashinski, President; Mrs. Frank Davenport, Registrar Atlanta Chapter; Mrs. I. Homer Sutton, Treasurer Georgia Division, and Mrs. Marshall Holsenbeck, Treasurer Atlanta Chapter, be extended the privileges of the floor of this body during their stay in the city.

By Senator Fetzer of the 1st District-
A resolution extending the privileges of the floor to Hon. Wiley Stalter of Savannah, Ga.

By Senator Pottle of the lOth District-
A resolution extending the privileges of the floor to Mrs. C. W. Pidcock of Moultrie, and Mrs. P. M. Feltham of Edgefield, S. C.

580

JoURNAL OF THE SENATE,

Senator Lester of the 18th District moved that when the Senate adjourns today, it stand adjourned until 10 o'clock tomorrow morning and remain in session until 2 P.M., that day.
The motion prevailed.
The following bills of the House were read the first time and referred to committees:

By Messrs. Lanier, Harris and Cartledge of Richmond-

House Bill No. 107. A bill to amend Section 4831 ( 1) of Code of Georgia of 1910 so as to provide for increase or decrease of salary of Judge of City Court in counties having a certain population, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Holland of Chattooga-
House Bill No. 330. A bill to abolish the office of County Treasurer of Chattooga County, Georgia, to provide the manner of handling the funds of said county, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Bush of Miller-
House Bill No. 4 76. A bill to amend an Act designating the number of Trustees for the several school districts of Miller County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Herndon of Hart-
House Bill No. 490. A bill to fix the amount of bond for Sheriff of Hart County, and for other purposes.
Referred to Committee on Counties and County Matters.

TuESDAY, FEBRUARY 21, 1933.

581

By Mr. 'Villiams of Bacon-
,
House Bill No. 509. A bill to provide f9r the exclusion of certain lands from the corporate limits of the City of Alma, in Bacon County, State of Georgia, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Dixon of Pierce-
House Bill No. 510. A bill to amend an Act entitled an Act to abolish the offices of Tax Receiver and Tax Collector in Pierce County and to create the office of County Tax Commissioner of Pierce County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Dixon of Pierce-
House Bill No. 511. A bill to amend an Act to abolish the office of County Treasurer of Pierce County, to dispose of the money and property belonging to said office, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Williams of Bacon-
House Bill No. 523. A bill to amend an Act creating the County Criminal Court of Bacon County, Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Dobbins of Morgan-
House Bill No. 544. A bill to reduce the bond of the Sheriff of Morgan County, and for other purposes.
Referred to Committee on Counties and County Matters.

582

JOURNAL OF THE SENATE,

By Mr. Gaskins of Berrien-
House Bill No. 547. A bill to amend an'Act creating a Board of Commissioners of Roads and Revenues for the County of Berrien, and all acts amendatory thereof, and for other purposes.
Referred to Committee on Counties and County Matters.
The following House resolution was read the first time and referred to a committee:

By Mr. Courson of Brantley-
Hause Resolution Nos. 113-529A. A resolution requesting that State Librarian furnish certain books to the Clerk of Superior Court of Brantley.
Referred to Committee on Public Library.
Senator Lester of the 18th District moved that the Senate adjourn.
The motion prevailed and the Chair announced that the Senate stood adjourned until 10 o'clock tomorrow morning.

WEDNESDAY, FEBRUARY 22, 1933.

583

SENATE CHAMBER, ATLANTA, GA.
WEDNESDAY, FEBRUARY 22, 1933.

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

Prayer was offered by the Reverend Doctor Faust, of the Gordon Street Baptist Church.
The roll was called and the following Senators answered to their names.

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson Fetzer

Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it 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:

584

JOURNAL OF THE SENATE,

By Senator Sims of the 35th District-
Senate Bill No. 197. A bill to regulate the sale of white flour, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Jackson of the 21st District-
Senate Bill No. 198. A bill to prohibit the collection of a service charge by manufacturers and distributors of electricity, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senators Lewis of the 20th District, and Lovett of the 16th District-
Senate Bill No. 199. A bill to authorize the sale of beer, ale and porter.
Referred to Committee on General Judiciary No. 1.
The Committee on Rules submitted the following report, which was read and adopted:

Mr. President:
The Committee on Rules has had under consideration the following resolutions of the Senate, to-wit: By Mr. Terrell of the 37th, a resolution to make Bill No. 99 a special and continuing order for Tuesday, February 21; and resolutions by Mr. Fetzer of the 1st to make House Bill No. A182 a special and continuing order immediately following the period of unanimous consents on Wednesday, February 22, and have instructed me as Chairman to report the same back to the Senate with the following recommendations, to-wit:
That Senate Resolution No. 81, by Mr. Fetzer, do pass, and that House Bill No. A182 be made a special and con-

vVEDNESDAY, FEBRUARY 22, 1933.

585

tinuing order in accordance with the terms of the resolution.
That Senate Resolution No. 82, by Mr. Terrell of the 37th, do not pass.
Respectfully submitted,
FETZER of the 1st, Vice-Chairman.
LESTER of the 18th, Secretary.

Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills: No. 7 and No. 15 6, and reports the same back as being ready for transmission to the House.
Respectfully submitted,
w. F. ANDREWS,
Chairman.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

NIr. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:

Senate Bill No. 191. By Mr. Robertson of the 32nd, do pass.
House Bill No. 70. By Messrs. Flynt and Rogers of Spalding, do pass.
House Bill No. 408. By Messrs. Chappell and Stukes of Sumter, do pass.

586

JOURNAL OF THE SENATE,

House Bill No. 441. By Mr. Comas of Appling, do pass.
House Bill No. 456. By Messrs. Parker and Sutton of Colquitt, do pass.
House Bill No. 459. By Messrs. Scruggs and Goodwin of Washington, do pass.
House Bill No. 465. By Messrs. Scruggs and Goodwin of Washington, do pass.
House Bill No. 466. By Messrs. Scruggs and Goodwin of Washington, do pass.
House Bill No. 517. By Messrs. Park, Gillen and DeFore of Bibb, do pass.
House Bill No. 518. By Messrs. Park, Gillen and DeFore of Bibb, do pass.
House Bill No. 519. By Messrs. Park, Gillen and DeFore of Bibb, do pass.
Mr. Howard of 2nd District, Chairman of the Committee on Municipal Government, submitted the following report:

Afr. President:
Your Committee on Municipal Governmept have had under consideration the following bills and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 390. By Mr. Reiser of Effingham, do pass.
House Bill No. 313. By Mr. Kelley of Elbert, do pass.
Senator Moore, Chairman of the Committee on Library, submitted the following report:

WEDNESDAY, FEBRUARY 22, 1933.

587

Mr. President:
Your Committee on Library have had under consideration the following and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
House Resolution No. 113-529A, do pass.
Mr. Howard of the 24th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

Mr. President:
Your Committee on Hygiene and Sanitation have had under consideration the following bills of the Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 87, do not pass.
Senate Bill No..84, do pass.
Senate Bill No. 15 5, do pass.
CHAS. N. HowARD,
Chairman.
Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

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

Senate Bill No. 100, do pass.

588

JoURNAL OF THE SENATE,

House Bill No. 59, do pass by Committee Substitute. Senate Bill No. 171, do not pass. Senate Bill No. 29, do pass. Senate Bill No. 4, do pass. Senate Bill No. 48, do not pass. 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 Messrs. McWhorter of the 50th District, Fetzer of the 1st District, and Lester of the 18th District-
Senate Resolution No. 75. A resolution expressing appreciation of Governor Conner's visit to Georgia and his address before joint session of the General Assembly.
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 and resolutions of the House, to-wit:

By the Troup Delegation-
House Bill No. 481. A bill to amend an Act to create a new Charter for the City of LaGrange, in the County of Troup, approved December 16, 190____ ; to fix the methods of zoning said city, and for other purposes.

WEDNESDAY, FEBRUARY 22, 1933.

589

By Messrs. Stanton and Twitty of Ware-
House Bill No. 498. A bill to amend Section 824 of the Penal Code of 1910, so as to provide further qualifications of Grand and Traverse Jurors, and for other purposes.
By Mr. Ham of Echols-
Hause Bill No. 50 1. A bill to amend an Act entitled an Act providing for abolishing the office of County Treasurer of Echols County, Georgia, the creation and establishment of a County Depository for said County, and for other purposes.

By Messrs. Sumner and Tipton of Worth-
House Bill No. 526. A bill to amend the Act entitled an Act to establish a City Court in the City of Sylvester, County of Worth, and for other purposes.
By Mr. Bland of Stewart-
House Bill No. 532. A bill to abolish the offices of Tax Receiver and Tax Collector of Stewart County, Georgia; to create the office of County Tax Commissioner, and for other purposes.
By Messrs. Scott and Robison of Thomas-
House Resolution No. 146. A resolution that the Georgia delegation in Congress be requested to take whatever steps that may be necessary to assure passage of pending Federal Aid Authorization for roads covering the fiscal years 1934 and 1935 at the present session of Congress.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President: The House has passed by the requisite Constitutional

590

JouRNAL o.F THE SENATE,

majority the following bills and resolution of the House, to-wit:

By Mr. Franklin of Ashley-
House Bill No. 51. 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 so as to authorize the General Assembly to classify property for taxation, and for other purposes.

By Messrs. Lindsay of DeKalb, Tate of Pickens, Flynt of Spalding, Harris of Richmond, and Davis of Mitchell-
House Bill No. 100. A bill to adopt and make of force the Code of Laws approved by the Code Commission appointed under resolution approved August 27, 1929, and for other purposes.

By Mr. Lott of Coffee-
House Bill No. 303. A bill to create a Commissioner of Roads and Revenues for Coffee County, Georgia, and for other purposes.

By Mr. Bush of Miller-
House Bill No. 449. A bill to reduce the bond of the Sheriff of Miller County, and for other purposes.

By Mr. Freeman of Monroe-
House Bill No. 458. A bill to provide for the use of wire baskets in the waters of Monroe County, and for other purposes.
By Mr. Moore of HaralsonHouse Bill No. 472. A bill to repeal an Act of the Gen-
eral Assembly of Georgia creating a Board of Commis-

WEDNESDAY, FEBRUARY 22, 1933.

591

sioners of Roads and Revenues for the County of Haralson, and for other purposes.

By Mr. Dixon of Pierce-
House Bill No. 474. A bill to amend an Act to abolish the offices of Tax Collector and Tax Receiver in and for the County of Pierce, and to create instead a County Tax Commissioner, and for other purposes.
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 Senate, to-wit:

By Mr. Culpepper of the 36th District-
Senate Resolution No. 74. A resolution endorsing a bill
introduced in Congress of the United States by E. D.
Smith of South Carolina, providing for reduction in the production of cotton.

By l\Iessrs. McWhorter of 50th District, Lester of 18th District, and Fetzer of 1st District-
Senate Resolution No. 76. A resolution extending thanks of the General Assembly of Georgia to Adjutant General Lindley W. Camp and his staff for courtesies shown His Excellency, Governor Sennett Conner.

By Messrs. MeWhorter of 5Oth District, Lester of 18th District, and Fetzer of 1st District-
Senate Resolution No. 77. A resolution extending thanks of the General Assembly to Hon. M. Shelby Pickett, Chairman of the Tax Commission of the State of Mississippi.

592

JouRNAL OF THE SENATE,

By Messrs. McWhorter of 50th District, Lester of 18th District, and Fetzer of 1st District-
Senate Resolution No. 78. A resolution extending thanks of the General Assembly to Hon. A. L. Belle Isle of At lanta, Georgia, for arranging tr~nsportation for the Escort Committee on the occasion of the visit of Governor Conner of Mississippi to the General Assembly of this State.
The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Dobbins of Morgan -
House Bill No. 59. A bill to regulate expenses of State employees.

By Messrs. Flynt and Rogers of Spalding-
House Bill No. 70. A bill to amend an Act to authorize the Commissioners of Roads and Revenues of Spalding County to designate a banking institution in said County to act as County Depository, and for other purposes.
By Mr. Reiser of Effingham-
House Bill No. 390. A bill to create a new Charter for the City of Guyton, and for other purposes.

By Messrs. Chappell and Stukes of Sumter-
House Bill No. 408. A bill to provide a salary in lieu of the fee system for the Clerk of the Superior Court and other Courts served by the Clerk of the Superior Court in counties of a certain population, and for other purposes.

By Mr. Comas of Appling-
House Bill No. 441. A bill to amend an Act of the General Assembly of Georgia, approved August 1, 1929 (Ga.

WEDNESDAY, FEBRUARY 22, 1933.

593

L. 1929, p. 327 to 329, inclusive), entitled an Act to vest in the Tax Collectors of such counties of the State of Georgia having a certain population all the powers of Sheriffs in their respective counties, and for other purposes.

By Messrs. Sutton and Parker of Colquitt-
House Bill No. 456. A bill to amend an Act to abolish the office of County Treasurer of Colquitt County; to provide for the selection of a County Depository, and for other purposes.

By Messrs. Scruggs and Goodwin of Washington-
House Bill No. 459. A bill to amend the Act creating the Board of County Commissioners of Washington County, approved August 30, 1913, fixing compensation of County Commissioners at $600 per annum, and for other purposes.

By Messrs. Scruggs and Goodwin of Washington-
House Bill No. 465. A bill to abolish the offices of Tax Receiver and Tax Collector and to create in lieu of the same the office of County Tax Commissioner, and for other purposes.

By Messrs. Scruggs and Goodwin of Washington-
House Bill No. 466. A bill to establish a County Council for Washington County, Georgia; to provide for Councilmanic Districts, to provide compensation, and for other purposes.

By Messrs. Park, Gillen and DeFore of Bibb-
House Bill No. 517. A bill to authorize counties having a certain population to establish and operate on fiscal year basis, and for other purposes.

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JouRNAL oF THE SENATE,

By Messrs. Park, Gillen and DeFore of Bibb-
House Bill No. 518. A bill to abolish the Board of Tax Equalizers in counties of 75,000 to 100,000 population and creating permanent Tax Assessor and Board of Tax Appeals, and for other purposes.

By Messrs. Park, Gillen and DeFore of Bibb-
House Bill No. 519. A bill to amend an Act creating the County Board of Commissioners for the County of Bibb, approved February 6, 1873, as amended, and for other purposes.
The following resolution of the Senate, favorably reported by the committee, was read the second time:

By Senator Nelson of the 6th District -
Senate Resolution No. 80. A resolution that the State Librarian furnish certain law books to Cook County.
The following resolution of the House, favorably reported by the committee, was read the second time :

By Mr. Courson of Brantley-
House Resolution No. 113-5 29a. A resolution that the State Librarian furnish certain laws books to the Clerk of the Superior Court of Brantley County.
The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator Haralson of the 40th District-
Senate Bill No. 1. A bill to define the offense of kidnaping for extortion, ransom, or robbery and prescribing the punishment for the same, and for other purposes.

\VEDNESDAY, FEBRUARY 22, 1933.

595

By Senator Cail of the 17th District-
Senate Bill No. 29. A bill to provide that the suspension of the execution of sentence by the trial judge when a defendant in a criminal case is found guilty or enters a plea of guilty, shall have the effect of probating such defendant as provided in Section 1081 (a)- (d) of Parks Code of Georgia, and to provide that all parties under sentence, the execution of which has been suspended, be deemed probated offenders.

By Senator Lewis of the 20th District -
Senate Bill No. 84. A bill to amend an Act creating the State Board of Examiners in Optometry, and for other purposes.

By Senator Jackson of the 21st District-
Senate Bill No. 100. A bill to define the words crops and growing crops as now used in existing statutes relating to bills of sale, mortgages and liens to secure debt, so that said words crops and growing crops shall include and embrace the fruits and products of all plants, trees, and shrubs whether the same be annual or perennial plants, trees and shrubs.

By Senator Robertson of the 32nd District-
Senate Bill No. 191. A bill to amend an Act entitled an Act to create the office of County Treasurer of White County, Georgia; to define and prescribe the powers, duties and responsibilities of said County Treasurer; to fix the salary of said Treasurer; to provide for said Treasurer's bond; to provide how the premium on said bond shall be paid; to provide for a County Treasurer until the next general election, and for other purposes.

596

JoURNAL OF THE SENATE,

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

By Mr. Watkins of Oglethorpe-
House Bill No. 104. A bill to repeal an Act to establish the City Court of Lexington in and for the County of Oglethorpe, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Kelley of Elbert-
House Bill No. 313. A bill to amend the Charter of the City of Elberton, Georgia, approved December 19, 1896, and all Acts amendatory thereof; abolishing the offices of Mayor and Councilmen and providing for a Commission and City Manager form of government for said city, 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 40, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Courson of Brantley-
Hause Bill No. 334. A bill to amend an Act entitled an Act to abolish the office of County Treasurer of Brantley County, Georgia; to provide the manner of appointment of some bank or banks or person to whom county funds shall be turned over to, and for other purposes.

WEDNESDAY, FEBRUARY 22, 1933.

597

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Dickerson of Clinch-
House Bill No. 382. A bill to amend the Charter of the City of Homerville, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Rabun of Jefferson-
House Bill No. 413. A bill to amend an Act approved December 18, 1900, entitled an Act to consolidate, amend and supersede the several Acts incorporating the Town of Louisville, 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 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Dixon of Pierce-
House Bill No. 427. A bill to amend the Charter of the City of Blackshear, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

598

JouRNAL OF THE SENATE,

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. Montgomery of Webster-
House Bill No. 428. A bill to amend an Act approved August 28, 1931, entitled an Act to create the office of Commissioner of Roads and Revenue for the County of Webster, 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 45, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Clements of Wheeler-
House Bill No. 438. A bill to amend an Act entitled an Act to incorporate the town of Alamo, by amending Section 4 and Section 18, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Comas of Appling-
House Bill No. 440. A bill to amend an Act to create a new Charter for the City of Baxley, approved August 21, 1911, 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, nays 0.

\-VEDNESDAY, FEBRUARY 22, 1933.

599

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

By Mr. Courson of Brantley-
Hause Bill No. 443. A bill to amend an Act approved August 14, 1931, providing for a Tax Commissioner for Brantley County, 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 35, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Courson of Brantley-
Hause Bill No. 444. A bill to amend an Act approved July 19, 1927, entitled an Act to create the office of Commissioners of Roads and Revenues of the County of Brantley, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Scott and Robison of Thomas-
House Bill No. 512. A bill to amend an Act approved October 3, 1889, entitled an Act to incorporate the Town of Thomasville as the City of Thomasville, as amended by an Act approved August 9, 1904, and the several Acts amendatory thereof, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

600

JouRNAL OF THE SENATE,

On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Ansley of Lee-
House Bill No. 540. A bill to amend the Act granting corporate authority to the Town of Leesburg; to confer certain powers upon the Mayor and City Council of Leesburg, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.
Senator Cason of the 22nd District asked unanimous consent that House Bill No. 347, a bill to amend the Act creating a new Charter for the City of Macon, be taken from the table, and the consent was granted.
The following bill of the House was read the third time and put upon its passage:

By Messrs. Park, Gillen and DeFore of Bibb--
House Bill No. 347. A bill to amend the Act creating a new Charter for the City of Macon.
Senator Cason of the 22nd District, moved to amend House Bill No. 347, as follows:
1. By inserting the word "hereafter" between the words "be" and "elected" in the ninth line of Section 3; and between the words "Macon" and "appoint" in the fifteenth line of said Section; and, also, between the words "be" and "appointed" in the eighteenth line of said Section.

WEDNESDAY, FEBRUARY 22, 1933.

601

2. By striking in lines 4 and 5 of Section 4 the words "first grand jury of Bibb County convened after this Act goes into effect and who" and substituting in lieu thereof the following: "The grand jury of Bibb County drawn for the November, 1932, term of the Superior Court thereof, and if said grand jury shall have adjourned for the term the Judge presiding in said Superior Court shall recall said grand jury for service at the February, 1933, term of said court as provided by the Act approved August 21, 1905, providing for four terms of the Superior Court of Bibb County, for the purpose of electing the members of said Board. The members of said Board when elected by said grand jury." And by adding at the end of said Section 4 the following: "This section shall go into effect immediately upon the passage and approval of this Act, and shall apply to tax returns for the year 1933."
3. By adding at the end of Paragraph A of Section 6 the following: "except Section 4, creating a Board of Tax Appeals, which section shall go into effect immediately upon approval of this Act."

Senator Cason of the 22nd District moved to amend House Bill No. 347, as follows:
Be it further enacted by the authority aforesaid, that said Act be further amended by striking Sections 6, 7 and 8 thereof and substituting in lieu thereof the following sections, to be numbered 6, 7 and 8, respectively:

Sec. 6. Voters' Book-Duty of Registrars: In addition to keeping such voters' book open for signature during the usual hours of business daily from January 1st, as hereinbefore required, the City Treasurer of the City of Macon, for a period of thirty days immediately prior to the second Tuesday in May, 1929, and in each second year thereafter (same being the dates of the general city election), shall keep said voters' book open for signatures at his office in

602

}OURNAL OF THE SENATE,

the City Hall from 9 o'clock A. M. until 6 o'clock P. M. each day, Sundays only excepted. That for the period of thirty days immediately prior to the second Tuesday in May, 1929, and in each second year thereafter, the Mayor of the City of Macon shall appoint a Deputy Registrar, subject to confirmation by Council. The City Treasurer of the City of Macon shall always keep such voters' book for signatures at his office at the City Hall at any and all times when his office is open for the payment of taxes, or other business. Said Treasurer of the City of Macon and, also, said Deputy Registrar during the period of his service, as hereinbefore provided for, is authorized and empowered to take charge of S".id voters' book and to administer said oath. \Vhen the signature of any person is not clearly legible, the officer in charge of the voters' book shall, at the time such signatur ~ is made, write out the same in clearly legible letters opposite said signature. Any person desiring to be registered as a voter, and qualified to register as hereinafter provided, may apply to said Treasurer of the City of M aeon, or to the Deputy Registrar during the period of his service, and after reading said oath, or having same read to him, shall subscribe the same by signing his name in such voters' book underneath the written or printed oath above described; a memorandum or entry of the district or ward (giving the name of the street and the number of his residence, if any, his age and occupation) in which affiant lives being first made by the officer in charge of the book, or by the affiant, opposite the place of signature of affiant. And when affiant is not twenty-one years old, at the date of taking oath, a similar entry or memorandum shall in like manner be made, showing the date in that year when he will reach twenty-one; and where the affiant has not resided in the State one year, or in the county six months, or in the city three months, at the date of taking the oath, a similar entry or memorandum shall be made, showing the date in that year when he will have resided in the State one year, in the county six months, and in the city three months.

WEDNESDAY, FEBRUARY 22, 1933.

603

Upon request of the applicant, or in any case ~n the dis-

cretion of the officer in charge of said book, such officer

shall read or repeat said oath distinctly to the applicant;

and if the applicant cannot sign his name, said officer shall

sign for him, the applicant making his mark thereto. The

signatures so made in said voters' book shall be evidence

that the person so signing swears or affirms the truth of

every statement contained in said oath, and also to the

written memoranda entries opposite his signature. That

for the purpose of more easily identifying the voters, the

officer in charge of the voters' book shall note thereon, in

connection with each signature, the race of the person sign-

ing-that is to say, whether white or colored. Any person

swearing falsely under this section shah be liable to indictment and punishment as in other case~ of false swearing

under the laws of this State; and the act of signing said

registration book shall, in any prosecut'ion hereunder, be

held and deemed equivalent to taking the oath therein

printed. Six months before the general November elec-

tion, said Treasurer of the City of Macon shall close the

registration books for the general election and party pri-

mary of that year, and shall proceed to make up and file

with the City Clerk of the City of Macon a list to be desig-

nated as "Registered Voters" in alphabetical order of

names, in each ward, distinguishing in said list between

white and colored voters.



Sec. 7. Qualified Voters-All persons qualified to vote for members of .the General Assembly in the County of Bibb, who remain so qualified on the day of the general election in November, and who shall have resided six months within the jurisdictional limits of the city, and have registered as hereinafter provided, shall be qualified to vote in any city election.

Sec. 8. Registration-The following shall be the qualifications necessary for registration:

(a) The person must be a citizen of the United States,

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JouRNAL OF THE SENATE,

who has resided in the State one year, in the county six months, and in the city six months, next preceding the time of the election.
(b) He must be twenty-one years of age, or must become so by the date of election.
(c) He must have paid all poll tax due by him since the adoption of the present State Constitution, which payment must have been made at" least six months before the date of the election at which he proposes to vote, unless such election comes within six months from the date fixed by law for the payment of such poll tax. No person shall be entered on the registry who does not apply to the Treasurer or the Deputy Registrar during his period of service in person on the days and within the hours fixed for registration; such Deputy Registrar to serve from the time of his appointment until the close of the registration books, unless otherwise ordered by the Mayor and Council of the City of Macon.
Sec. 9. Be it further enacted by the authority aforesaid, that the three preceding Sections of this Act shall become effective upon the passage and approval of this Act.
Both amendments were adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended the ayes were 39, nays 0.
The bill 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 Morris of the 5th DistrictSenate Bill No. 159. A bill amending the Act creating

WEDNESDAY, FEBRUARY 22, 1933.

605

a new Charter for the town of Willacoochee, 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.

By Senator Sims of the 35th District-
Senate Bill No. 17 5. A bill fixing the time for elections of City Officials 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 Senator Haralson of the 40th District-
Senate Bill No. 179. A bill reducing the official bond of the Sheriff of Union 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 Senator Sims of the 35th District-
Senate Bill No. 182. A bill amending the pension law applicable to the Police Department of Atlanta.
The report of the committee, which was favorable to the passage of the bill, was agreed to.



606

JouRNAL OF THE SENATE,

On the passage of the bill the ayes were 45, the nays 0.
The bill having received the requisite Constitutional majority, was passed.
House Bill No. 182, a bill to license Motor Vehicles
which had been set for today as a special and continuing
order, was taken up for the purpose of considering the House amendments to the Senate substitute.
Senator Colson of the 4th District moved that the Senate disagree to the House amendments and that the President appoint a Committee of Conference of three on the part of the Senate to confer with a like committee of the House, and the motion prevailed.
During the discussion of the above motion the President left the Chair and President Pro Tern Carithers presided.
Senator Tuten of the 46th District asked unanimous consent that the Senate ris.e and remain standing for two minutes in silent tribute to the first President of the United States on this the anniversary of his birthday, and the consent was granted.

The President resumed the Chair.
Senator Key of the 28th District moved that debate be limited to five minutes to each speaker, and the motion prevailed.
Senator Turner of the 7th District moved that the Senate remain in session until 2 :30 P. M. today and that the previous question be called at that time, and the motion prevailed.

At 1 :50 P. M. Senator Lester of the 18th District called for the previous question as all Senators who wished to speak had done so and the call was sustained, the roll was called and the vote was as follows:

WEDNESDAY, FEBRUARY 22, 1933.

607

Those voting in the affirmative were Senators:

Alston Andrews Boyd Boykin Cail Carithers Cason Colson Conner Culpepper Dean Dorminy

Edmondson Fetzer Fudge Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Key Lewis Lovett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Turner

Those voting in the negative were Senators:

Baggett Campbell Goldin

Groover Jackson Knox

Lester Mallett Terrell Tuten

The motion of the Senator from the 4th District that the Senate disagree to the House amendments prevailed, the ayes being 37, nays 10, and the President appointed as a committee on the part of the Senate Senators Colson of the 4th District, Carithers of the 27th District, and Lovett of the 16th District.

By unanimous consent the use of the Senate Chamber was granted to the Committee on Highways for a public hearing this afternoon.

The Senate agreed to the following House amendment to Senate Resolution No. 75, a resolution expressing appreciation to Governor Conner:

By Mr. Harris of Richmond-
Amend Senate Resolution No. 75 by adding thereto the
following new section properly numbered, to-wit:

"And be it further resolved that there be paid from the

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JoURNAL OF THE SENATE,

contingent fund of the Governor's Office to Governor Conner, the sum of $86.88, expenses for making the trip to Georgia and return for himself and Hon. M. Shelby Pickett of the Mississippi Insurance Commission.
The following resolutions were read and adopted:
By Senator Turner of the 7th District-
A resolution extending the privileges of the floor to Captain F. M. Feltham of the Veterans' Administration Department.

By Senator Turner of the 7th District-
A resolution extending the privileges of the floor to Hon. Louis Moon of Thomasville.

By Senator Turner of the 7th District-
A resolution extending the privileges of the floor to Mrs. A. B. Sheffield of Quitman.

By Senator Howard of the 2nd District-
A resolution extending the privileges of the floor to Hon. L. R. Tillman of Tattnall County.
The following resolution of the House was read and adopted:

By Messrs. Scott and Robison of Thomas-
House Resolution No. 146. A resolution that the Georgia delegation in Congress be requested to take whatever steps that may be necessary to assure passage of pending Federal Aid Authorization for roads covering the fiscal years 1934 and 1935 at the present session of Congress.
The following bills of the house were read the first time and referred to committees:

WEDNESDAY, FEBRUARY 22, 1933.

609

By the Troup Delegation-
House Bill No. 481. A bill to amend an Act to create a new charter for the City of LaGrange, in the County of Troup; to fix methods of zoning said city, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Stanton and Twitty of Ware-
House Bill No. 498. A bill to amend Section 824 of the Penal Code of 1910, so as to provide further qualifications of Grand and Traverse Jurors, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Ham of Echols-
Hause Bill No. 50 1. A bill to amend an Act entitled an Act providing for abolishing the office of County Treasurer of Echols County, Georgia; the creation and establishment of a County Depository for said County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Sumner and Tipton of Worth-
House Bill No. 526. A bill to amend the Act entitled "An Act to establish a City Court in the City of Sylvester, County of Worth, and for other purposes."
Referred to Committee on Special Judiciary.

By Mr. Bland of Stewart-
House Bill No. 532. A bill to abolish the offices of Tax Receiver and Tax Collector of Stewart County, Georgia; to create the office of County Tax Commissioner, and for other purposes.

610

}O~RNAL OF THE SENATE,

Referred to Committee on Counties and County Matters.

By Mr. Franklin of Ashley-
House Bill No. 51. 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 so as to authorize the General Assembly to classify property for taxation, and for other purposes.
Referred to Committee on Amendments to the Constitution.

By Messrs. Lindsay of DeKalb, Tate of Pickens, Flynt of Spalding, Harris of Richmond, and Davis of Mitchell-
House Bill No. 100. A bill to adopt and make of force the Code of Laws approved by the Code Commission appointed under resolution approved August 27, 1929, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Lott of Coffee-
House Bill No. 303. A bill to create a Commissioner of Roads and Revenues for Coffee County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Bush of Miller-
House Bill No. 449. A bill to reduce the bond of the Sheriff of Miller County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Freeman of MonroeHouse Bill No. 458. A bill to provide for the use of

WEDNESDAY, FEBRUARY 22, 1933.

611

wire baskets in the waters of Monroe County, and for other purposes.
Referred to Committee on Game and Fish.

By Mr. Moore of Haralson-
House Bill No. 472. A bill to repeal an Act of the General Assembly of Georgia creating a Board of Commissioners of Roads and Revenues for the County of Haralson, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Dixon of Pierce-
House Bill No. 474. A bill to amend an Act to abolish the offices of Tax Collector and Tax Receiver in and for the County of Pierce, and to create instead a County Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.
Senator Lester of the 18th District moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

612

JoURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
THURSDAY, fEBRUARY 23, 1933.
The Senate met pursuant to adjournment, at 10:00
A. M., this date, 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 Weaver of the 25th District, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been examined and found correct.
The Journal was confirmed.
Senator Knox asked unanimous consent to withdraw Senate Bill No. 194, a bill to fix compensation for officers not now compensated by the State, from the Committee on The State of the Republic and recommit it to the Committee on General Judiciary No. 1, and the consent was granted.
Senator Groover of the 49th District asked unanimous consent that Senate Bill No. 188, a bill to abolish the fee system in Ogeechee Judicial Circuit, be withdrawn from the Senate, and the consent was granted.
The following resolution was read and adopted, Senate Resolution No. 83, to-wit:
Whereas, A leading Georgia educator, in the person of Dr. Gordon G. Singleton, has been endorsed by many outstanding groups and individuals identified with the educational interests of the nation for appointment in the administration of the new President as United States Commissioner of education; and

THURSDAY, FEBRUARY 23, 1933.

613

Whereas, Dr. Singleton has had a long and varied experience in school affairs, serving as a practical school teacher, principal and school superintendent, and now performs as Director of the Division of Information and Statistics in the Georgia school administration, the same type of experienced services that are required of the Commissioner of Education, thereby furnishing him a broad grasp of the functions, problems and aspirations of public education throughout the nation, to the highest conception of which he has zealously dedicated his life and talents; and

lFhereas, This native Georgian has won for himself a deserved prestige among leaders of the educational profession, who recognize his scientific fitness to fill this important position and to become the recognized spokesman for the common school interests of America; and

Whereas, The appointment of this eminent Georgian would not only redound to the advancement of the educational interests of Georgia, but would also strengthen the school program of the country as a whole.

Therefore, be it resolved by the Senate of the State of Georgia, That we commend to the favorable consideration of President-elect Franklin D. Roosevelt, the name of Gordon G. Singleton as one admirably qualified to hold this important position of trust and responsibility in a manner worthy of the best traditions of the nation.

J. DR. G. DEAN.
G. M. SPARKS.

CosBY S. HuBBARD.
J. B. jACKSON.
T. L. HowARD.

FRED MORRIS.

w. R.

CAMPBELL.

PAT HARALSON.
A. G. BOYD.

B. H. EDMONDSON.

614

jOURNAL OF THE SENATE,

J. E. RoBERTSON.

J. ANDREW

TUTEN.

SIDNEY M. GoLDIN,

38th District.
T. w. OLIVER.

R. E. RIVERS.

w. H.

NELSON.

J. E. DORMINY..

45th District.

GORDON KNOX.

3rd District.
H. W. HoGG,

13th District.
J. S. MoRRis,

5th District.
J. M. FUDGE,

8th District.

S.M. TuRNER,

7th District.

Senator Oliver of the 48th District, asked unanimous consent that Senate Bill No. 15 5, a bill to regulate the sale, possession and use of narcotics, be withdrawn from the committee and recommitted to the Committee on General Judiciary No. 1, and the consent was granted.

Senator Sims of the 35th District, asked unanimous consent that Senate Bill No. 55, a bill to create a boxing commission, be withdrawn from the committee and be recommitted to Committee on General Judiciary No. 2, for further consideration and the consent was granted.

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

By Senator Howard of the 2nd District-
Senate Bill No. 200. A bill vesting the sole r.ight in any county to fix the license fees for hunting and fishing in said county.

THURSDAY, FEBRUARY 23, 1933.

615

Referred to Committee on Game and Fish.

By Senators Turner of the 7th District, and Key of the 28th District-
Senate Bill No. 201. A bill to amend an Act regulating fire and casualty insurance.
Referred to Committee on Insurance.

By Senators Turner of the 7th District, Culpepper of the 36th District, and Fudge of the 8th District-
Senate Bill No. 202. A bill to regulate radio broadcasting stations in Georgia.
Referred to General Judiciary No. 1.

By Senator Sims of the 35th District-
Senate Bill No. 203. A bill to fix the limitations of actions for overcharge on intra-state shipments.
Referred to Committee on Public Utilities.

By Senator Lewis of the 20th District-
Senate Bill No. 204. A bill to amend Section 97 6 of Penal Code, relating to pleas of insanity.
Referred to Committee on State Sanitarium.

By Senator Lewis of the 20th District-
Senate Bill No. 205. A bill to amend Section 1591 of the Code of Georgia, authorizing Trustees of the State Sanitarium to appoint a Marshall, and for other purposes.
Referred to Committee on State Sanitarium.

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

616

JOURNAL OF THE SENATE,

Mr. President:
The House has passed by the requisite Constitutional majority the following bills and resolutions of the House towit:

By Messrs. Franklin and Ashley of Lowndes-
House Bill No. 52. A bill to propose to the qualified
voters of Georgia, an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, and for other purposes.

By Mr. Epting of Clarke-
House Bill No. 96. A bill to provide for rules of evidence in determining valuations for rate making purposes for public utilities in the State of Georgia, by the Public Service Commission of Georgia, and for other purposes.

By Messrs. Dyer and Arnall of Coweta-
House Bill No. 97. A bill to amend the Motor Vehicles Laws, Act of 1927 (Acts 1927, pp. 226 et seq.), and for other purposes.

By Mr. Kennedy of Chatham-
House Bill No. 392. A bill to amend an Act fixing salaries of Clerk and Associate Judges of Municipal Court of Savannah, and for other purposes.

By Messrs. Stanton and Twitty of Ware-
House Bill No. 499. A bill to amend Section 811 of the Penal Code of 191 0, so as to provide further qualifications of Grand Jurors, and for other purposes.

By Mr. Ham of EcholsHonse Bill No. 502. A bill to amend an Act entitled

THURSDAY, FEBRUARY 23, .1933.

617

"An Act to establish a Board of Commissioners of Roads and Revenues for the County of Echols to define their duties, and for other purposes," so that said Act will provide for an increase in the per diem of Commissioners, and for other purposes.

By Messrs. Hill and Peters of Meriwether-
Hause Bill No. 506. A bill to consolidate the offices of Tax Collector and Tax Receiver of Meriwether County, and to create the office of Tax Commissoners, etc., 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 and resolutions of the House, to-wit:

By Messrs. Bargeron and Jones of Burke-
House Bill No. 52 5. A bill to change the method of compensating certain county officers in all counties of this State having a certain population, and for other purposes.

By Mr. Bruton of Cook-
House Bill No. 545. A bill to abolish the Board of Commissioners of Roads and Revenues of Cook County and to create in lieu thereof a new Board of Commissioners in and for Cook County, and for other purposes.

By Messrs. Beasley of Tattnall, and Twitty of Ware-
House Resolution No. 151. A resolution inviting the Hon. Huey P. Long to address the General Assembly of Georgia on the National Prohibition issue.

618

JoURNAL OF THE SENATE,

By Messrs. Johnson of Montgomery, and Strickland of Douglas-
House Resolution No. 152. A resolution providing for payment of per diem and expenses of non-resident witnesses in the investigation of the Department of Agriculture.
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 resolutions of the Senate, to-wit:

By Messrs. Morris of the 39th District, and Sims of the 35th District-
Senate Resolution No. 71. A resolution authorizing the Adjutant-General of this State to expend the sum of $500.00 from the Riot Fund, previously appropriated, to in part defray the expenses of the Atlanta Battalion Naval Reserves and the band of the 122nd Infantry National Guard to the inauguration of Hon. Franklin D. Roosevelt, and for other purposes.
The following message was received from the Senate 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. Comas of Appling, Burton of Franklin, Myrick of Chatham, and Davis of Mitchell-
House Bill No. 1. A bill to carry into effect the amendment to the Constitution ratified November 8, 1932, providing for repayment to counties of funds advanced for highway construction, and to provide for the issue and de-

THURSDAY, FEBRUARY 23, 1933.

619

livery of refunding certificates by the State Highway Department.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 68. A bill to amend Section 4942; Code of Georgia, requiring all law school graduates to stand State Bar Examination before admission to the bar, and for other purposes.

By Messrs. Sumner and Tipton of Worth-
House Bill No. 249. A bill to consolidate the offices, duties and powers of the Tax Receiver and Tax Collector of the County of Worth, State of Georgia, and to create the office of Tax Commissioner in and for the said County of "'vVorth, and for other purposes.

By Messrs. Parker and Sutton of Colquitt-
House Bill No, 284. A bill to create the offices of County Tax Commissioner and Assistant County Tax Commissioner of Colquitt County, Georgia; to fix their compensation; to prescribe their duties, 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 Substitute to the following bill of the House, to-wit:

By Mr. Dixon of Pierce-
House Bill No. 199. A bill to amend an Act entitled "An Act to establish the City Court of Blackshear in and for the County of Pierce; to define its jurisdictions, and for other purposes," and to reduce the salary of the Judge and Solicitor of said court, and for other purposes.

620

JoURNAL OF THE SENATE,

Under the provisions of Senate Resolution No. 15, providing for the appointment of a Committee to investigate the School Book Commission, the Speaker appointed the following members of the House, on the part of the House, to-wit:
Messrs. Mixon of Irwin, Tipton of Worth, Turner of DeKalb, Black of Forsyth, Kelley of Elbert.
Under the provisions of Senate Resolution No. 18, providing for the appointment of a committee to investigate the conditions existing in the prison camps of Georgia, the Speaker appointed the following members of the House, on the part of the House, to-wit:
Messrs. Johnson of Seminole, Beasley of Tattnall, Pope of Toombs, Groves of Lincoln, Townsend of Dade.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House insists upon its amendments to the Senate substitute to House Bill No. 182, known as the Tag Act, and 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. Harris of Richmond, Scott of Thomas, Dickey of Gordon.
Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following Senate substitute and

THURSDAY, FEBRUARY 23, 1933.

621

have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Committee Substitute, Senate Bill No. 32, do pass by substitute.
J. R. TERRELL,
Chairman.
Mr. Colson of the 4th District, Chairman of the Committee on Game and Fish, submitted the following report

Mr. President:

Your Committee on Game and Fish have had under consideration the following bills of the House and Senate and have instructed me as Chairman to report same back to the Senate with the recommendation that same do not pass:

House Bill No. 94.

Senate Bill No. 164.

Do pass: No. 165.

J. T. COLSON,

Chairman.

Mr. Culpepper of the 36th District, Chairman of the Committee on Highways and Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads have had under consideration the following bills and have instructed me as Chairman, to report same back to the Senate with the following recommendations:
Senate Bill No. 118. Do pass as amended by committee (two amendments) .

622

JouRNAL oF THE SENATE,

Senate Bill No. 129. Do pass. (300 copies requested printed).
Senate Bill No. 68. Do pass. House Bill No. 189. Do pass.
N. F. CULPEPPER, Chairman.

Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and Senate and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 476. By Mr. Bush of Miller, do pass.
House Bill No. 534. By Messrs. Park, DeFore and Gillen of Bibb, do pass.
House Bill No. 544. By Mr. Dobbins of Morgan, do pass.
Senate Bill No. 180. By Mr. Howard of the Second, do pass.
Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

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

THURSDAY, FEBRUARY 23, 1933.

623

Senate Bill No. 185, by Sims of the 35th District, do pass.
House Bill No. 266, by Still, Eckford and Hartsfield, do pass by substitute.
House Bill No. 191, by Williams of Bacon, do pass.
House Bill No. 516, by Park, Gillen and Defore, do pass.
House Bill No. 421, by Hill and Peters of Meriwether; do pass.
House Bill No. 467, by Scruggs of Washington, do pass.
House Bill No. 107, by Lanier, Harris and Cartledge, do pass.
House Bill No. 380, by Gaskins, et al., do pass.
House Bill No. 464, by Scruggs and Goodwin, do pass.
House Bill No. 419, by Pound of Hancock, do pass.
Senate Bill No. 187, by Baggett and Morris, do pass by substitute.
Mr. B. H. Edmondson of the 42nd District, Chairman of the Committee on Hall and Rooms, submitted the following report :
Mr. President:
Your Committee on Halls and Rooms have had under consideration the following bills of the Senate, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 55, by Key of the 28th District, and others do pass.
Mr. Turner of the 7th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. President:
Your Committee on Insurance have had under consider-

624

JoURNAL OF THE SENATE,

ation Senate Bill No. 35 and have instructed me as Chair-
man, to report the same back to the Senate with the recommendation that the same do pass.
TURNER, Chairman.

Mr. President:

Your Committee on Enrolling has read and examined the following Acts originating in the Senate and report the same back as being correctly enrolled and ready for transmission by the Secretary of the Senate to the Governor:

No. 74

No. 75.

Respectfully submitted,
G. c. ALSTON,

Chairman.

Mr. President:

Your Committee on Engrossing has read and approved

the following Senate Bills: Nos. 75, 159, 175, 179, 182,

and report the same back as being ready for transmission

to the House.

Respectfully submitted,

w. F. ANDREWS,

Chairman.

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

By Senator Cail of the 17th District-
Senate Bill No. 32. A bill to provide for the manner and method of fixing rates, establishing and fixing the valuation of properties of certain businesses and enterprises; to provide for the ascertainment of the value of capital invest-

THURSDAY, FEBRUARY 23, 1933.

625

ments and properties of certain businesses, for rate making purposes.

By Senators Terrell of the 37th District and Sims of the 35th District :
Senate Bill No. 35. A bill to amend an Act approved August 17, 1920, an Act amendatory thereof known as the Georgia Workmen's Act to provide that insurance companies writing compensation insurance in Georgia shall be required to give bond in the sum of $50,000 or deposit satisfactory securities with the State Treasurer; provide for suit and that knowledge of injury to employee by employer sufficient notice, and for other purposes.

By Senator Morris of the 39th District-
Senate Bill No. 68. A bill to alter and amend the Act of 1894, page 98, now contained in Sections 5229 and 5230 of Parks Code of Georgia, providing for disposition of funds tendered or awarded as a result of condemnation of property of private parties for public purposes. Also to amend Act of the General Assembly of Georgia of 1919, page 252 now contained in Section 828, Sup. 1922 of Park's annotated Code of Georgia authorizing the power of eminent domain, in condemnation of rights of way for State Aid System of Highways, and for other purposes.

By Senators Howard of the 2nd District and Rivers of the 15th District-
Senate Bill No. 118. A bill to amend an Act approved August 20, 1929, designating the Highway mileage, by adding additional mileage from Lyons, Georgia, through the new prison farm to Glenville, Georgia, and for other purposes.

By Senator Lester of the 18th DistrictSenate Bill No. 129. A bill to create a highway patrol

626

JOURNAL OF THE SENATE,

for the State of Georgia; to define their powers and duties; to provide for rules and regulations by the State Revenue Commission, and for other purposes.

By Senators Mallett of the 26th District and Haralson of the 40th District-
Senate Bill No. 165. A bill to amend an Act approved August 24, 1931, being "An Act repealing Section 23 of Act number 427, approved August 28, 1925, to allow fishing with hook and line devices, etc.", and for other purposes.

By Senator Howard of the 2nd District-
Senate Bill No. 180. A bill to authorize the Board of County Commissioners or other administrative authority of all the Counties in this State having a population of not less than five thousand, five hundred nor more than six thousand, five hundred according to the United States census for the year 1930, and without regard to their subsequent variations in population, to acquire, own, hold and administer lands for the purposes of creating public parks, the reservation of historic sites, land marks and places, the erection of monuments or memorials and other similar public purposes; and to grant to such counties authorities the right of eminent domain for such purposes, and for other purposes.
By Senator Sims of the 35th District-
Senate Bill No. 18 5. A bill to amend an Act creating Municipal Court of Atlanta.

By Senators Baggett of the 51st District and Morris of the 39th District-
Senate Bill No. 187. A bill to repeal Article 4 of chapter 2 of second title of the Civil Code of 1910, providing for appointment and qualification of County Registrars

THURSDAY, FEBRUARY 23, 1933.

627

and to transfer powers and duties devolving upon County Registrars to Tax Collectors Qf Counties of this State, and for other purposes.
The following bills of the House, favorably reported by committees, were read the second time :

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 107. A bill to amend Section 4831 ( 1) of Code of Georgia of 1910 so as to provide for increase or decrease of judge of City Court salaries in counties having a certain population, and for other purposes.

By Mr. Crawford of Union-
House Bill No. 18 9. A bill to authorize the Ordinary or Commissioners of Roads and Revenues of certain cou~ties in this State to use funds prorated to such counties from the allocation of gasoline taxes in retiring road bonds, and for other purposes.

By Messrs. Still, Eckford and Hartsfield of Fulton-
House Bill No. 266. A bill to supplement the salaries of the Judges of the Superior Court of Fulton County as paid by the State from the treasury of Fulton County, and for other purposes.

By Messrs. Gaskins of Berrien, Bruton of Cook, Minchew of Atkinson and Dickerson of Clinch-
House Bill No. 380. A bill to abolish the fee system now existing in the Superior Courts of the Alapaha Judicial Circuit as applied to the office of Solicitor-General and to provide for the payment of salaries to said SolicitorGeneral in lieu of fees, and for other purposes.

By Messrs. Hill and Peters of MeriwetherHause Bill No. 421. A bill to repeal an Act establishing

628

JOURNAL OF THE SENATE,

the City Court of Greenville approved December 13, 1899, as amended; and for other purposes.

By Messrs. Scruggs and Goodwin of Washington-
House Bill No. 464. A bill to provide that the Solicitor of the City Court of Sandersville, Washington County, Georgia, shall be ex-officio County Attorney for the County of Washington; to prescribe his duties as such, and for other purposes.

By Mr. Scruggs of Washington-
House Bill No. 467. A bill to create the City Court of Sandersville in and for the County of Washington; to prescribe the powers and duties thereof, and for other purposes.

By Mr. Bush of Miller-
House Bill No. 476. A bill to amend an Act designating the number of Trustees for the several school districts of Miller County, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 516. A bill to reduce the salary of the Solicitor-General of the Macon Judicial Circuit, paid by Bibb County, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 534. A bill to regulate the time and manner of holding primary elections in counties with a certain population, and for other purposes.
By Mr. Dobbins of Morgan-
House Bill No. 544. A bill to reduce the bond of the Sheriff of Morgan County, and for other purposes.

THURSDAY, FEBRUARY 23, 1933.

629

The following bills of the House were read the third time, and put upon their passage:

By Messrs. Flynt and Rogers of Spalding-
House Bill No. 70. A bill to amend an Act to authorize the Commissioners of Roads and Revenues of Spalding County to designate a banking institution in said county to act as County Depository; 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Burson of Barrow, Allen of Jackson-
House Bill No. 171. A bill to require certain county officers in counties having a certain population to make and deliver to the Ordinary of the county monthly financial statements reflecting the financial condition and affairs of the offices held by them, and for ~ther purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Reiser of Effingham-
House Bill No. 390. A bill to create a new Charter for the City of Guyton, 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, nays 0.

630

JoURNAL OF THE SENATE,

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

By Messrs. Chappell and Stukes of Sumter-
House Bill No. 408. A bill to provide a salary in lieu of the fee system for the Clerk of Superior Court and other Courts served by the Clerk of the Superior Court in counties of a certain population; 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 42, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Comas of Appling-
House Bill No. 441. A bill to amend an Act approved August 1, 1929, entitled an Act to vest in the Tax Collectors of such counties of the State of Georgia having a certain population, all the powers of Sheriffs in their respective 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 45, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 456. A bill to amend an Act to abolish
the office of County Treasurer of Colquitt County; to provide for the selection of a County depository; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 23, 1933.

631

On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Scruggs and Goodwin of Washington-
House Bill No. 459. A bill to amend the Act creating the Board of County Commissioners of Washington County, approved August 30, 1913, fixing compensation of County Commissioners at $600 per annum; 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Scruggs and Goodwin of Washington-

House Bill No. 465. A bill to abolish the offices of Tax Receiver and Tax Collector and to create in lieu of the same the Office of County Tax Commissioner, of Washington 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 34, nays 0.

The bill, having received the requisite Constitutional ma-

jority, was passed.



By Messrs. Scruggs and Goodwin of \Vashington-
House Bill No. 466. A bill to establish a county council for Washington County; to provide for councilmanic districts; to provide compensation for members, and for other purposes.

632

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 39, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 51 7. A bill to authorize Counties having a certain population to establish and operate on fiscal year basis, 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, nays 0.
The bill, having received the requisite Constitutional mapority, was passed.

By Messrs. Park, Defore and Gillen of Bibb-
House Bill No. 518. A bill to abolish the board of tax equalizers in counties of 7 5,000 to 100,000 population and creating permanent Tax Assessor and Board of Tax Appeals, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Messrs. Park, Defore and Gillen of Bibb-
House Bill No. 519. A bill to amend an Act creating the County Board of Commissioners for the County of Bibb approved February 6, 18 73 as amended, and for other purposes.

THURSDAY, FEBRUARY 23, 1933.

633

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite Constitutional majority, was passed.
The following bill of the Senate was read the third time and put upon its passage:

By Senator Robertson of the 32nd District-
Senate Bill No. 191. A bill to amend the Act 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 44, nays 0.
The bill, having received the requisite Constitutional majority, was passed.
The following resolution of the Senate was read i:he third time and put upon its passage:

By Senator Nelson of the 6th District-
Senate Resolution No. 80. A resolution that the State Librarian furnish Cook County with certain law books.
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 44, nays 0.
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:

634

JOURNAL OF THE SENATE,

By Mr. Courson of Brantley-
House Resolution No. 113-529a. A resolution that the State Librarian furnish certain law books to the Clerk of the Superior Court of Brantley 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 44, 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. Franklin and Ashley of Lowndes-
House Bill No. 52. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, and for other purposes.
Referred to Committee on Finance.

By Mr. Epting of Clarke-
House Bill No. 96. A bill to provide for rules of evidence in determining valuations for rate making purposes for Public Utilities in the State of Georgia, by the Public Service Commission of Georgia, and for other purposes.
Referred to Committee on Public Utilities.
By Messrs. Dyer and Arnall of Coweta-
House Bill No. 97. A bill to amend the Motor Vehicles Laws, Act of 1927, (Acts 1927, pp. 226 et seq.), and for other purposes.
Referred to Committee on Motor Vehicles.

THURSDAY, FEBRUARY 23, 1933.

635

By Mr. Kennedy of Chatham-
House Bill No. 392. A bill to amend an Act fixing salaries of Clerk and Associate Judges of Municipal Court of Savannah, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Messrs. Stanton and Twitty of Ware-
House Bill No. 499. A bill to amend Section 811 of the Penal Code of 1910, so as to provide further qualifications of Grand Jurors, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Mr. Ham of Echols-
House Bill No. 502. A bill to amend an Act entitled, "An Act to establish a Board of Commissioners of Roads and Revenues for the County of Echols; to define their duties, and for other purposes," so that said Act will provide for an increase in the per diem of Commissioners, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Hill and Peters of Meriwether-
House Bill No. 506. A bill to consolidate the offices
of Tax Collector and Tax Receiver of Meriwether County, and to create the office of Tax Commissioner, etc., and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Bargeron and Jones of Burke-
House Bill No. 52 5. A bill to change the method of compensating certain county officers in all counties of this state having a certain population, and for other purposes.
Referred to Committee on Counties and County Matters.

636

JoURNAL OF THE SENATE,

By Mr. Bruton of Cook-
House Bill No. 545. A bill to abolish the Board of
Commissioners of Roads and Revenues of Cook County and to create in lieu thereof a new Board of Commissioners in and for Cook County, and for other purposes.
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. Beasley of Tattnall and Twitty of Ware-
House Resolution No. 151. A resolution inviting the Hon. Huey P. Long to address the General Assembly of Georgia on the National Prohibition issue.
By Messrs. Johnson of Montgomery and Strickland of Douglas-
House Resolution No. 152. A resolution providing for payment of per diem and expenses of non-resident witnesses in the investigation of the Department of Agriculture.
Referred to Committee on Finance.
The following bill of the House was read and referred to committee:

By Mr. Lott of Coffee-
House Bill No. 303. A bill creating a Commissioner of Roads and Revenues for Coffee County.
Referred to Committee on Counties and County :Matters.
The following privileged resolutions were read and adopted:

By Senator Dean of the 11th DistrictA resolution extending the privileges of the floor to Dr.
J. W. Palmer of Montgomery County.

THURSDAY, FEBRUARY 23, 1933.

637

By Senator Carithers of the 27th District-
A resolution extending the privileges of the floor to Hon. Erastus Roberts and Hon. Gus Stark of Walton County.

By Senator Boykin of the 29th District-
A resolution expressing the sympathy of the Senate on account of the illness of Senator Hawes Cloud.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Haralson of the 40th DistrictSenate Bill No. 1. A bill to define the offense of kid-
naping for extortion, ransom, or robbery.
The report 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 unanimous. consent, Senate Bill No. 1 was ordered immediately tranmitted to the House.

By Senator Cail of the 17th District-
Senate Bill No. 29. A bill to provide for suspension of sentences in certain cases.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On 'the passage of the bill, the ayes were 33, nays 0.
The bill, having received the requisite Constitutional majority, was passed.
By unanimous consent Senate Bill No. 29 was ordered immediately transmitted to the House.

638

JouRNAL OF THE SENATE,

By Senator Sisk of the 30th District, Jackson of the 21st District-

Senate Bill No. 33. A bill to amend Paragraph 2, Section 6, of Article 1 of the Constitution so as to limit County Tax to ten mills except for educational purposes, interest and principal on the public debt, and for other purposes.

The committee offered a substitute.

The President introduced Hon. J. Randolph Anderson, a former President of this body, to the Senate. Mr. Anderson responded to the introduction in a few well chosen words.

The President left the Chair and Senator Fetzer of the 1st District presided.

As Senator Culpepper of the 36th District was concluding his argument, the President resumed the Chair.

Senator Key of the 28th District called for the previous question on the bill and the substitute. The call was sustained and the main question was ordered and confirmed.

The substitute was adopted.

On the passage of 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:

Andrews

Goldin

Morris of the 39th

Baggett

Groover

Robertson

Boyd

Howard of the 24th Sims

Cail

Jackson

Sisk

Campbell

Knox

Sparks

Dorminy

Lovett

Terrell

Fudge

Moore

Tuten

Weaver

Those voting in the negative were Senators:

Boykin Carithers

Cason Conner-

Culpepper Dean

THURSDAY, FEBRUARY 23, 1933.

639

Edmondson Fetzer Haralson Howard of the 2nd Hubbard

Hutcheson Key Lester Lewis Morris of the 5th

Oliver Paschall Pottle Rivers Tate Turner

The ayes were 22, the nays were 22.

The bill, having failed to receive the requisite two-thirds Constitutional majority, was lost.

The following resolution of the House was read and failed of adoption:

By Messrs. Beasley of Tattnall and Twitty of Ware-
House resolution No. 151. A resolution inviting the Hon. Huey P. Long to address the General Assembly of Georgia on the National Prohibition Issue.
A communication was received from His Excellency, Governor Eugene Talmadge, transmitting a communication from Hon. Henry L. Stimson, Secretary of State of the United States, enclosing a certified copy of A Joint Resolution passed by the Second Session of the Seventy-second Congress of the United States, proposing an amendment to the Constitution of the United States, relative to the repealing of the Eighteenth Amendment.
The communication was read by the Secretary, and referred to Committee on Privileges and Elections.
The following resolution of the Senate was read the third time and put upon its passage:

By Senators Moore of the 47th District and Campbell of the 34th District-
Senate Resolution No. 49. A resolution to amend Para-
graph 2, Section 1, Article 5, of the Constitution, making
the term of office of the Governor four years, fixing his salary, and for other purposes.

640

JoURNAL OF THE SENATE,

Senator Nelson of the 6th District moved that individual speeches be limited to ten minutes and the motion prevailed.

Senator Moore of the 47th District moved to adjourn and the motion prevailed.

The President announced that the Senate stood adjourned until 10 :00 A. M. tomorrow.

FRIDAY, FEBRUARY 24, 1933.

641

SENATE CHAMBER, ATLANTA, GA. FRIDAY, FEBRUARY 24, 1933.
The Senate met, pursuant to adjournment, at 10 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 Weaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.
Senator Sisk of the 30th District gave notice that he would ask for reconsideration of Senate Bill No. 33 at the proper time.
By unanimous consent the reading of the Journal was dispensed with and the Journal was confirmed.
The following resolutions of the Senate were read the first time and referred to committees:
By Senator Hubbard of the 31st DistrictSenate Resolution No. 85. A resolution to authorize
payment of pensions accrued to Confederate veterans and their widows or to the transferees.
Referred to Committee on Pensions.
By Senator Morris of the 39th DistrictSenate Resolution No. 84. A resolution that the State
Librarian furnish certain law books to the Judge of the Blue Ridge Circuit.

642

JouRNAL OF THE SENATE,

Referred to Committee on Public Library.
The following bill of the Senate was introduced, read the first time and referred to Committee on Special Judiciary.

By Senator Culpepper of the 36th District-
Senate Bill No. 206. A bill to provide for four terms each year of the Superior Court of Meriwether County.
The following privileged resolutions were read and adopted:

By Senator Boykin of the 29th District-
A resolution extending the privileges of the floor to the Honorable W. F. Sims of Lincoln County.

By Senator Boykin of the 29th District-
A resolution extending the privileges of the floor to the Honorable J. W. vVhitely of Warren County.

By Senator Andrews of the 23rd District-
A resolution extending the privileges of the floor to the Honorable C. H. Neisler, a former member of this body.
Leave of absence until Monday was granted Senator Hubbard of the 31st District.
The following privileged resolution was read and adopted:
By Senator Howard of the 24th District-
A resolution extending the privileges of the floor to Mr. H. G. Molder, of Meansville.
Mr. J. C. Lewis of the 20th District, Chairman of the Committee on General Judiciary No. l, submitted the following report :

FRIDAY, FEBRUARD 24, 1933.

643

Mr. President:
Your Committee on General Judiciary No. 1 have had under consideration the following, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:

Senate Bill No. 44, do pass. Senate Bill No. 199, do pass. Senate Bill No. 202, do pass. House Bill No. 100, do pass as amended. Senate Bill No. 143, do pass as amended. Senate substitute for No. 143, do not pass. Senate Bill No. 128, do pass by substitute. Senate Bill No. 15 5, do pass. Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters have had under consideratiop the following bills of the House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:

House Bill No. 71. By Messrs. Flynt and Rogers of Spalding, do pass.
House Bill No. 474. By Mr. Dixon of Pierce, do pass. House Bill No. 490. By Mr. Herndon of Hart, do pass. House Bill No. 510. By Mr. Dixon of Pierce, do pass. House Bill No. 511. By Mr. Dixon of Pierce, do pass.

644

J0URNAL OF THE SENATE,

House Bill No. 525. By Messrs. Bargeron and Jones
of Burke, do pass.
Mr. H. A. Carithers of the 27th District, Chairman of the Committee on State of the Republic, submitted the following report :

Mr. President:
Your Committee on State of the Republic have had under consideration the following, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do not pass:
Senate Bill No. 186.
Senate Bill No. 194. Be recommitted to General Judiciary No. 1.
Senate Bill No. 192. Be withdrawn by author.
Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills, Nos. 1, 29, 191, and Senate Resolution No. 80, and report the same back as being ready for transmission to the House:
Respectfully submitted,
w. F ANDREWS,
Chairman.
The following bills of the Senate, favorably reported by committees, were read second time.

By Senators Hutcheson of the 44th District and Turner of the 7th District-
Senate Bill No. 44. A bill to amend Section 3416 of the Civil Code of the State of Georgia, so as to exempt certain

FRIDAY, FEBRUARY 24, 1933.

645

personal property from taxation, levy and sale, and for other purposes.

By Senator Sisk of the 30th District-
Senate Bill No. 128. A bill to provide for the collection, accounting and deposit of public funds; to provide for bonds of officers and depositories, and for other purposes.

By Senator Lewis of the 20th District-
Senate Bill No. 199. A bill to authorize sale of beer, three and two-tenths per cent alcohol, and for other purposes.
By Senators Turner of the 7th District, Culpepper of the 36th District and Fudge of the 8th District-
Senate Bill No. 202. A bill to grant the right and privilege to any regularly and duly licensed broadcasting station or company operating within the State of Georgia, and for other purposes.
The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Flynt and Rogers of Spalding-
House Bill No. 71. A bill to propose an amendment to Article 7, Section 7, Paragraph 1 of the Constitution, so as to authorize Spalding County to make temporary loans, and for other purposes.

By Messrs. Lindsay of DeKalb, Tate of Pickens, Flynt of Spalding, Harris of Richmond and Davis of Mitchell-
House Bill No. 100. A bill to adopt and make of force the Code of Laws approved by the Code Commission appointed under resolution approved August 27, 1929, and for other purposes.

646

JouRNAL OF THE SENATE,

By Mr. Dixon of Pierce-
House Bill No. 474. A bill to amend an Act to abolish the offices of Tax Collector and Tax Receiver in and for the County of Pierce, and to create in their stead a County Tax Commissioner, and for other purposes.

By Mr. Herndon of Hart-
House Bill No. 490. A bill to fix the amount of bond for Sheriff of Hart County, and for other purposes.

By Mr. Dixon of Pierce-
House Bill No. 510. A bill to amend an Act entitled an Act to abolish the offices of Tax Receiver and Tax Collector in Pierce County and .to create the office of County Tax Commissioner of Pierce County, and for other purposes.

By Mr. Dixon of Pierce-
House Bill No. 511. A bill to amend an Act to abolish the office of County Treasurer of Pierce County, to dispose of the money and property belonging to said office, and for other purposes.

By Messrs. Bargeron and Jones of Burke-
House Bill No. 525. A bill to change the method of compensating certain county officers in all counties in this State having a population of 29,000 or more inhabitants and less than 29,800 inhabitants according to the 1930 census, or any future census, and for other purposes.
The following bills of the House were read the third time and put upon their passage :
By Messrs. Gaskins of Berrien, Bruton of Cook, Minchew of Atkinson and Dickerson of Clinch-
House Bill No. 380. A bill to abolish the fee system

FRIDAY, FEBRUARY 24, 1933.

647

now existing in the Superior Courts of the Alapaha Judicial Circuit as applied to the office of Solicitor-General and to provide for the payment of salaries to said Solicitor-General in lieu of fees, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Hill and Peters of Meriwether-
Hause Bill No. 421. A bill to repeal an Act establishing the City Court of Greenville, approved December 13, 1899, as amended, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Goodwin and Scruggs of Washington-
House Bill No. 464. A bill to provide that the Solicitor of the City Court of Sandersville, Washington County, Georgia, shall be ex-officio County Attorney for the County of Washington; to prescribe his duties as such, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

648

JoURNAL OF THE SENATE,

By Mr. Scruggs of Washington-
House Bill No. 467. A bill to amend an Act to create the City Court of Sandersville in and for the County of Washington; to prescribe the powers and duties thereof, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Bush of Miller-
House Bill No. 476. A bill to amend an Act designating the number of trustees for the several school districts of Miller 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 36, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Park, Gillen and DeFore of Bibb-
House Bill No. 516. A bill to reduce the salary of Solicitor-General of the Macon Judicial Circuit, paid by Bibb 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 37, nays 0.
The bill having received the requisite Constitutional majority, was passed.

FRIDAY, FEBRUARY 24, 1933.

649

By Messrs. Park, Gillen and DeFore of Bibb-
House Bill No. 534. A bill to regulate the time and manner of holding primary elections in counties with a certain population, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Mr. Dobbins of Morgan-
House Bill No. 544. A bill to reduce the bond of the sheriff of Morgan 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 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following Senate bills were read the third time and put upon their passage:

By Senator Howard of the 2nd District-
Senate Bill No. 180. A bill to authorize certain counties to acquire land for public parks, monuments and historic sites.
Senator Howard of the 2nd District moved to amend Senate. Bill No. 180, as follows:
By striking the words "five thousand five hundred, nor more than six thousand five hundred," in the third and fourth lines of said bill, and inserting in lieu thereof the words "five thousand seven hundred sixty, nor more than five thousand seven hundred sixty-five."

650

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
45, nays 0.
The bill, as amended, having received the requisite Constitutional majority, was passed.

By Senator Sims of the 35th District-
Senate Bill No. 18 5. A bill to amend an Act creating 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 46, 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. Crawford of Union-
House Bill No. 189. A bill to authorize certain counties to use funds accrued from gasoline taxes to retire outstanding bonds.
Committee moved to amend House Bill No. 189 as follows:
By adding a caption to this line as follows: A bill to be entitled an Act to authorize the Ordinary and Commissioners of Roads and Revenues of certain counties in this State to use funds prorated to such counties from the allocation of gasoline taxes in retiring road bonds, and for other purposes.

FRIDAY, FEBRUARY 24, 1933.

651

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, nays 0.
The bill, as amended, having received the requisite Constitutional majority, was passed.

By Messrs. Still, Eckford and Hartsfield of Fulton-

House Bill No. 266. A bill to amend Section 65 34 of

the Civil Code, relating to the salaries of Judges of the

Superior Court of certain counties.



Committee moved to amend House Bill No. 266 as follows:

The title of said Act is hereby amended by adding the following: Also, a bill to amend an Act approved August 11, 1924, and contained in the Acts of the General Assembly of 1924, pages 25 5 to 261, inclusive, which said Act abolishes the system in Atlanta Judicial Circuit, and fixes the fee of the Solicitor-General of said Circuit at $12,000 per annum.

Also, to amend an Act approved July 15, 1927, and reported in Georgia Laws for 1927, page 3 80, which said Act of the Legislature fixes the salaries of Judges of the City Courts in Counties having a population of not less than 175,000 inhabitants, which said Act fixes the annual salary of said Judges at $12,000.00 per annum.

Also, to amend an Act approved July 15, 1927, and reported in Georgia Laws for 1927, pages 382-383, which said Act fixes the salary of the Judge of the Criminal Court of Atlanta at the sum of $12,000 per annum.

Also, to amend an Act establishing the City Court of Atlanta, passed December 15, 18 71, and Acts amendatory

652

JoURNAL OF THE SENATE,

thereto, and for other purposes, approved September 6, 1891, and the several Acts amendatory thereof.
Also, to amend an Act approved August 13, 1924, and reported in the Acts of the General Assembly of Georgia for 1924, pages 221-222, which said Act, in Section ( 14)
provides for the salary of the Solicitor-General of the
Criminal Court of Atlanta, to be fixed by the Commissioners of Roads and Revenues of Fulton County, at not less than $10,000 per annum.

Also, to amend an Act establishing in certain counties, Juvenile Courts, providing for the selection of Judges thereof; and providing that the Judges of the s~veral circuits shall fix the salaries of such Judges, which said Act was approved August 16, 1915, and reported in Acts of the General Assembly for said City for 1915, on pages 35 to 49, inclusive, and by adding to section ( 21) of said Act a provision that in counties of 200,000 population or more the salary of the Judge of the Juvenile Court shall not exceed the sum of $5,000 per annum.
Also, to amend an Act approved August 20, 1913, and reported in the Acts of the Legislature for 1913, pages 145 to 177, inclusive, and by striking Section ( 16) of said Act and by substituting another section in lieu thereof to provide that the salaries of Judges of Municipal Courts in counties of this State of 200,000 population or more shall not exceed the sum of $500 per month, and for other purposes.
Amendment to House Bill No. 266, by striking Paragraph (4) of said bill in its entirety, and by substituting therefor the following, to be known as Section 4:
Section 4. Be it further enacted by authority aforesaid, that the salary of the Solicitor-General of the Atlanta Judicial Circuit, as fixed by Act of the General Assembly, approved August 11, 1924, and contained in Acts of the Gen-

FRIDAY, FEBRUARY 24, 1933.

653

eral Assembly for 1924, pages 25 5 to 261, inclusive, be, and
the same is, hereby amended as follows:

The above Act of the General Assembly, which is entitled "An Act to abolish the fee system now existing in the Superior Court of the Atlanta Judicial Circuit, as applied to the office of Solicitor-General, and all fees now, heretofore or hereinafter accruing to the office of Solicitor-General in said Circuit, in so far as the same constitutes compensation attached to said office; to provide for the payment of a salary to the Solicitor-General in addition to the salary prescribed in Paragraph ( 1) of Section 13 of Article 6 of the Constitution of this State; to provide for the appointment of Assistants to the Solicitor-General; to provide for the payment of salaries to the said Assistants, Clerks, and other employees; to provide for the disposition of fines, forfeitures and fees, including insolvent costs, accruing to the office of the Solicitor-General in the said Atlanta Judicial Circuit; to impose certain duties on the Solicitor-General of said Circuit in reference to the collection, payment and disposition of all funds, monies and emoluments accruing to the office of Solicitor-General; to provide for an incidental and contingent fund for the use of the Solicitor-General of said Circuit; to provide for the establishment of a Commission of Grand Jurors, and to prescribe the duties of same," be, and the same is hereby amended by striking therefrom in Section ( 2) of said Act the words "twelve thousand" wherever it may appear in said section of said Act, and inserting in lieu thereof the words "nine thousand," so that said section of said Act, after being so amended, shall read as follows:
"The statutory salary of the Solicitor-General for the said Judicial Circuit shall be the sum of nine thousand dollars per annum, which shall be in addition to the salary of two hundred and fifty dollars per annum prescribed by Paragraph 1, Section 13, of Article 6 of the Constitution of this State, and the said statutory salary shall be paid

654

JoURNAL OF THE SENATE,

out of the general treasury of Fulton County, and it shall be, and it is hereby made the duty of the Commissioners of Roads and Revenues of Fulton County, or such other board or persons as may from time to time exercise the same or similar powers as are now exercised by said Commissioners, to cause said statutory salary to be paid to the Solicitor-General in monthly installments of seven hundred and fifty dollars per month, which shall begin to accrue immediately when this Act shall become effective. The funds for the payment of the salary of said Solicitor-General shall be provided by the Commissioners of Roads and Revenues in the same manner and from the same source as the operating expenses of Fulton Superior Court, and as a part thereof. The said statutory salary shall be in full payment for all of the services of the said Solicitor-General in criminal cases except as to service in the Supreme Court and the Court of Appeals of Georgia, which latter services shall be compensated as now provided by the general laws of this State."
Also, by adding the following amendment, to be known as Section ( 5) of said Act:
Section 5. Be it further enacted by the authority aforesaid, that an Act of the General Assembly of said State, approved July 15, 1927, and reported in Georgia laws for 1927, page 380, fixing the salaries of Judges of the City Courts of the State in counties having therein a city with a population of not less than 17 5,000 inhabitants, and providing for the payment of such salaries so as to provide an annual salary of $12,000.00, and for other purposes be, and the same is, hereby amended as follows :
"By striking from Section ( 1) of said Act the words and figures 'twelve thousand,' and by inserting in lieu thereof the figures 'seven thousand five hundred,' so that said Act, when so amended, shall read as follows: 'Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from

FRIDAY, FEBRUARY 24, 1933.

655

and after the passage of this Act, the Judge of th.t! City Court in all counties having therein a city with a population of not less than 17 5,000, according to the latest U. S. Census, shall have an annual salary of $7,5 00.00 from and after the passage of this Act, payable in monthly installments out of the treasury in such counties, in the same manner as Judges of such counties are now paid."
Also by adding to said Act a further amendment, to be known as Section ( 6) , to read as follows:
Section 6. That an Act to amend an Act approved July
15, 1927, and reported in Georgia Laws for 1927, pages 382 and 383, which said Act fixes the salary of the Judge of the Criminal Court of Atlanta and amends an Act establishing the Criminal Court of Atlanta, approved September 6, 1891, and Acts amendatory thereto be, and the same is, hereby amended as follows:
By striking the words and figures where it appears in Sections ( 1) and (3) of said Act, as reported aforesaid, the words and figures "twelve thousand," and by inserting in lieu thereof the words and figures "seven thousand five hundred," so that after this amendment is' adopted, Section ( 3) of said Act shall read as follows: "The salary of said Judge shall be $7,500.00 per annum, payable monthly out of the treasury of Fulton County. Said Judge, before entering on the duties of his office, shall take and subscribe before the Governor an oath faithfully and impartially to discharge such duties to the best of his ability and understanding, and agreeable to the Constitution of this State and of the United States, and to support said Constitution."
Also by adding the following amendment, to be known as Section ( 7) , by amending an Act entitled "An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act establishing the City Court of Atlanta, passed December 15, 1871, and Acts amendatory

656

JouRNAL OF THE SENATE,

thereof and for other purposes, approved September 6, 1891, and the several Acts amendatory thereof, by changing the method of compensating the Solicitor-General of the Criminal Court of Atlanta by fees, and substituting therefor and in lieu thereof a salary for said officer; and to provide for a Deputy Solicitor of said Court, and Clerks and other employees in the office of said Solicitor-General, and to provide for the payment of salaries, and to provide for the payment of all other legal costs not herein provided for, and for other purposes." Which said Act above referred to and which is herein amended, was approved on August 13, 1924, and reported in the Acts of the General Assembly on pages 221-222.
Section 7. Be it further enacted by the authority aforesaid, that the above entitled Act last above referred to is hereby amended by striking therefrom in Section ( 14) of said Act the following: "at not less than ten {10) thousand dollars," and inserting in lieu thereof the following: "not more than seven thousand five hundred dollars," so that said section, when amended, will read as follows :
"That all money arising from fines, forfeitures and from forfeited recognizances in said Court shall be collected by the Sheriff and remitted to the general treasury of said county.
"The annual salary of said Solicitor-General of the Criminal Court of Atlanta shall be fixed by the Commissioners of Roads and Revenues of Fulton County at not more than seven thousand five hundred dollars, same to be paid monthly out of the county treasury; provided, however, nothing contained shall be construed to work a forfeiture of the accrued legal fees due to the said officer for work done by said officer before the time said Act became effective."
By further amending said House Bill No. 266 as follows:
Section 8. By amending an Act to establish in certain counties Juvenile Courts with jurisdiction to adjudicate upon

FRIDAY, FEBRUARY 24, 1933.

657

all children under sixteen years of age, who are delinquent, neglected or otherwise subject to the discipline, or in need of the care and protection of the State; to regulate the procedure in such cases, including the establishment of a detention home and a probation system, and the appointment of guardians for such children; to provide for the appointment, qualifications, duties, powers and compensation of the Judge, the Probation Officer, and other officers of said Court; to punish any adult who may encourage, aid, cause, abet, or connive at such state of delinquency or neglect, and for other purposes, which said Act was approved August 16, 1915, and is contained in the Acts of the General Assembly for said State for 1915, on pages 35 to 49, inclusive.
Section 9. By amending said Act of the General Assembly by adding to Section ( 21) of said Act the following:
"Provided, however, that in counties of 200,000 population or more, according to the last census of the United States, the salary of the Judge of the Juvenile Court of such county shall not exceed the sum of five thousand ($5,000.00) dollars per annum."
Be it further enacted that said House Bill No. 266 be further amended as follows : By adding thereto a section to be known as Section ( 10) , as follows :
Section 10. That Section ( 16) of an Act approved August 20, 1913, and reported in the Act of the Legislature for 1913, pages 145 to 177, inclusive, be stricken in its entirety and in lieu thereof the following, to be known as Section ( 16), substituted therefor:
Be it further enacted by the authority aforesaid, that the salary of each of the Judges of the Municipal Court of Atlanta shall be paid monthly in installments upon warrants approved by the Chairman of the Board of Commissioners of Roads and Revenues of Fulton County, and shall be

658

JOURNAL OF THE SENATE,

drawn upon the County Treasurer of Fulton County; and that such salary of each of the Judges of the Municipal Court of Atlanta shall not exceed the sum of five hundred ($500.00) dollars per month; and that the Commissioners of Roads and Revenues of Fulton County may, in their discretion, reduce the same.

Section 11. 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 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, nays 0.

The bill, as amended, having received the requisite Constitutional majority, was passed.

Senator Sisk of the 30th District moved that the Senate reconsider its action yesterday in failing to pass Senate Bill No. 33, a bill to limit tax levy in counties to 10 mills.

The call for the ayes and nays were sustained, the roll was called and the vote on the motion to reconsider was as follows:

Those voting in the affirmative were Senators:

Alston Andrews Baggett Boyd Cail Campbell Dean Dorminy

Edmondson Fudge Goldin Howard of the 24th Howard of the 2nd Hutcheson Jackson Knox

Mallett Moore Morris of the 39th Robertson Sims Sisk Terrell Tuten Weaver

FRIDAY, FEBRUARY 24, 1933.

659

Those voting in the negative were Senators:

Boykin Cason Conner Culpepper Fetzer Haralson

Hogg Key Lester Lewis Morris of the 5th Nelson

Oliver Paschall Pottle Rivers Sparks Tate Turner

'The ayes were 25, and the nays 19, and the motion pre-
vailed and Senate Bill No. 33 was restored to its place at the foot of the calendar of bills for third reading.

Senator Culpepper of the 36th District moved that when the Senate adjourn today, it stand adjourned untillO o'clock Monday morning, next, and the motion prevailed.

The following resolution of the Senate continued from yesterday's session was taken up for passage:

By Senators Moore of the 47th District and Campbell of the 34th District-
Senate Resolution No. 49. A resolution to amend Paragraph 2, Section 1, Article 5 of the Constitution to provide that the term of Governor shall be four years and for other purposes.
Senator Sims of the 35th District and Morris of the 39th District offered to amend Senate Resolution No. 49, and the amendment was adopted, to-wit: By striking in the caption and in the body of the resolution the word "four" wherever same appears in the caption and body of the resolution and by substituting in lieu thereof the word "two."
Senator Boykin of the 29th pistrict moved that the resolution and amendment be tabled. The motion was lost.
The report of the committee, which was favorable to the passage of the resolution, as amended, was agreed to.
The resolution proposing to amend the Constitution, the roll was called and the vote was as follows:

660

JoURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Dean

Goldin

Those voting in the negative were Senators:

Alston Andrews Baggett Boyd Boykin Cail Campbell Cason Conner Culpepper Dorminy Edmondson

Fetzer Fudge Howard of the 24th Howard of the 2nd Hutcheson Jackson Key Knox Lester Lewis Mallett Moore

Morris of the 39th Morris of the 5th Nelson Paschall Pottle Rivers Robertson Sims Sparks Tate Terrell Turner Weaver

The ayes were 2 and the nays were 3 7, and the resolution was lost.

The roll call was verified.

Not voting: Senators Cloud of the 19th District, Colson of the 4th District, Groover of the 49th District, Haralson of the 40 District, Hogg of the 13th District, Hubbard of the 31st District, Lovett of the 16th District, Oliver of the 48th District, Sisk of the 30th District, Tuten of the 46th District, and Carithers of the 27th District.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Cail of t~e 17th District-
Senate Bill No. 32. A bill to provide for the method of fixing rates and ascertaining the valuation of properties and capital investment, of certain businesses.
Senator Cail of the 17th District moved that further action on Senate Bill No. 32 be postponed until Tuesday next, and that the bill be made a special and continuing

FRIDAY, FEBRUARY 24, 1933.

661

order following the period of unanimous consents, and the motion prevailed.

By Senators Terrell of the 37th District and Sims of the 35th District-
Senate Bill No. 35. A bill to amend the Georgia Workman's Compensation Act relating to insurance.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 32, nays 1.
The bill having received the requisite Constitutional majority, was passed.
By unanimous consent Senate Bill No. 35 was ordered transmitted immediately to the House.
The following resolution of the Senate was read the third time and taken up for passage:

By Senators Terrell of the 37th District, Cail of the 17th District and Lovett of the 16th District-
Senate Resolution No. 3 8. A resolution to prohibit all State departments from purchasing automobiles, and for other purposes.
By unanimous consent the above resolution was not taken
up at this time and House Bill No. 59, a bill of similar
tenor, was placed upon its passage.
The committee offered a substitute to House bill No. 59.
Senator Nelson of the 6th District moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until 10 o'clock next Monday morning.

662

}OURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GEORGIA. MONDAY, FEBRUARY 27, 1933.
The Senate met pursuant to adjournment at 10 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 Fetzer of the 1st District reported that he had examined the Journal of the preceding session and found it correct.
Senator Campbell of the 34th District gave notice that he would move that the Senate reconsider its action in failing to pass the Senate Resolution No. 49 at the proper time.
By unanimous consent the reading of the Journal was dispensed with and the Journal was confirmed.
The following bills of the Senate were introduced and read the first time and referred to committees.
By Senator Lewis of the 20th DistrictSenate Bill No. 207. A bill to repeal an Act to pro-
hibit the use of steel traps; to define fur-bearing animals, and for other purposes.
Referred to Committee on Game and Fish.
By Senator Morris of the 39th District-
Senate Bill No. 208. A bill to amend an Act to incorporate the town of Canton.
Referred to Committee on Municipal Government.

MONDAY, FEBRU.(\RY 27, 1933.

663

By Senator Cail of the 17th District-
Senate Bill No. 209. A bill to authorize prosecuting officers to prefer accusations in Felony cases returnable to Superior Court.
Referred to Committee on General Judiciary No. 2.
The following resolution of the Senate was read and referred to Committee on Highways:

By Senator Conner of the 14th District-
Senate Resolution No. 86. A resolution that the State Highway Department pave a stretch of road from Cochran to the Middle Georgia College.
The following resolution of the Senate was read and adopted:

By Senator Cail of the 17th DistrictSenate Resolution No. 88, as follows, to-wit:

A RESOLUTION
Whereas, Almighty God in His Infinite love and wisdom and mercy has seen fit to take from our midst one of our cherished friends and distinguished Legislators in the person of the Honorable Eugene S. Lane, of Jenkins County, and
Whereas, in his demise his county and his State has lost much,
Therefore, Be it Resolved, that this Senate, the House concurring, stand in silent prayer for one minute at high noon today in memory of our friend and fellow legislator.
Be it Further Resolved, that a copy of this resolution be furnished the bereaved widow and children of the deceased.

664

JOURNAL OF THE SENATE,

Be it Further Resolved, that a copy of this resolution be spread on and made a part of the Journal of the State Senate and House of Representatives.
The following resolution of the Senate was read and adopted:

By Senator Fetzer of the 1st DistrictSenate Resolution No. 87, as follows, to-wit:

A RESOLUTION
Whereas, the Honorable Eugene S. Lane, from Jenkins County, a member of the House of Representatives, came to an untimely death on Sunday, February 26, as a result of an automobile accident which occurred on Friday afternoon, February 24th, and
Whereas, the General Assembly of Georgia feels deeply and keenly this unfortunate loss,
Therefore Be it Resoh;ed by the Senate that we are not unappreciative of the noble service rendered the State of Georgia and the General Assembly of Georgia by this honorable and outstanding public servant, and
Be it Further Resolved, that we bow in humble submission to him that doeth all things for good, and
Be it Further Resolved, that our sympathy be extended to the family of the deceased in this their sad hour of grief, and
Be it Further Resolved, that an escort of five from this body be named and designated by the President of the Senate to accompany the body of our deceased friend to its last resting place, and
Be it Further Resolved, that a copy of these resolutions be entered upon the Journal of the Senate and that the

MONDAY, FEBRUARY 27, 1933.

665

Secretary of the Senate be directed to send a copy to the family of the deceased.
The President appointed, under the above resolution, as a Committee of Escort, Senators Cail of the 17th District, Lovett of the 16th District, Fetzer of the 1st District, Lewis of the 20th District and Rivers of the 15th District.
By unanimous consent the above resolution was ordered immediately transmitted to the House.

The following resolution of the Senate was read and adopted:

By Senator Rivers of the 15th District-
Senate Resolution No. 89. A resolution expressing the
sympathy of the Senate to the Honorable J. Ellis Pope,
Representative from Toombs County, relative to the serious injuries received in a recent automobile accident, towit:

A RESOLUTION
By Senator Rivers of the 15th District-
Whereas, the Honorable J. Ellis Pope, of Toombs
County, a member of the House of Representatives, is critically ill as a result of an automobile accident on Friday afternoon, February 24, and
Whereas, the General Assembly of Georgia will greatly miss the services of this honorable and outstanding public servant during his illness.
Therefore Be it Resolved by the Senate that our sympa-

666

JoURNAL OF THE SENATE,

thy be extended to him and to his family during his illness and that the wishes of this body are that he may have a speedy and complete recovery.
Be it Further Resolved that a copy of this resolution be
mailed to the Hon. J. Ellis Pope by the Secretary of the
Senate.
Mr. Turner, of the 7th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. President:
Your Committee on Insurance have had under consideration the following bill of the Senate, No. 126, and have instructed me, as Chairman, to report the same back to the Senate, with the recommendation that the same do pass by Committee Substitutes.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County 1\tfatters have had under consideration the following bills of the House and have in"structed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 501. By Mr. Ham of Echols, do pass.
House Bill No. 502. By Mr. Ham of Echols, do pass.
House Bill No. 506. By Messrs. Hill and Peters of Meriwether, do pass.
House Bill No. 532. By Mr. Bland of Stewart, do pass as amended.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

MoNDAY, FEBRUARY 27, 1933.

667

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

By Mr. Cail of the 17th District-
Senate Resolution No. 88. In memory of Hon. Eugene S. Lane, Legislator of Jenkins County.

Mr. President:
Your Committee on Engrossing has read and approved
the following Senate Bills, Nos. 35, 180, 185 and report
the same back as being ready for transmission to the House.
Respectfully submitted,
w. F. ANDREWS,
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. Almand of Walton-
House Bill No. 77. A bill making it unlawful for any person, firm or corporation to advertise, sell or barter any planting seed in the State of Georgia differing in variety from that so advertised; and for other purposes.

By Mr. Eckford of Fulton-
House Bill No. 101. A bill to amend Section 2 of the Workmen's Compensation Act approved August 17th, 1920, and acts amendatory thereof by designating police-

668

JOURNAL OF THE SENATE,

men and those connected with the fire departments as employees, and for other purposes.

By Mr. Mixon of Irwin-
House Bill No. 102. A bill providing for service of notice by County Board of Registrars upon persons whose names are on the voters book by posting same in the United States Mail, and for other purposes.

By Mr. Middlebrooks of Jones-
House Bill No. 263. A bill to amend an Act approved July 15, 1924, entitled an Act to extend the lien of mortgages on crops before the same are planted or growing; and for other purposes.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 363. A bill to provide that in certain counties in Georgia taxpayers shall have the option of paying certain amounts upon their school taxes before due and receive a five per cent discount on same, and for other purposes.
By Messrs. Hartsfield, Eckford and Still of Fulton-
House Bill No. 381. A bill to provide that the salaries of certain county officers in counties of a certain population be fixed by the Commissioners of Roads and Revenues, 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 of the House, to-wit:

By Mr. Mixon of IrwinHouse Bill No. 103. A bill to provide for serv1ce of

MONDAY, FEBRUARY 27, 1933.

669

notice upon taxpayers by Assessors through the United States mail, and for other purposes.

By Messrs. Evans of McDuffie and Cartledge of Richmond-
House Bill No. 112. A bill to amend an Act approved August 17, 1920, and Acts amendatory thereof known as the Georgia "Vorkmen's Compensation Act so as to provide that insurance companies writing compensation insurance in Georgia shall be required to give bond in the sum of $50,000.00, and for other purposes.

By Mr. Eckford of Fulton-
House Bill No. 11 7. A bill to amend the Code of Georgia of 1910, by adding to Section 5268 of Article One ( 1) Chapter Eleven ( 11) of the Second ( 2) Title, 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 of the House, to-wit:
By Mr. Bruton of Cook-
House Bill No. 495. A bill to abolish the offices of Tax Receiver and Tax Collector of Cook County, Georgia; to create the office of Tax Commissioner of Cook County, Georgia; to fix the term and compensation of said officers, and for other purposes.

By Mr. Holland of Chattooga-
House Bill No. 524. A bill to abolish the Board of Commissioners of Roads and Revenue of Chattooga County, Georgia, and for other purposes.

670

JouRNAL OF THE SENATE,

By Mr. Black of Forsyth-
House Bill No. 566. A bill to amend an Act approved August 6, 1927 entitled an Act to provide for holding three terms a year of the Superior Court in Forsyth County; and for other purposes.

By Mr. Crawford of Union-
House Bill No. 579. A bill to reduce the penalty of the official bond of the Sheriff of Union County, Georgia, and for other purposes.

By Mr. Patten of Tift-
House Bill No. 581. A bill to amend an Act to create a new charter for the City of Tifton, approved August 14, 1920, and for other purposes.

By Messrs. Park, Gillen and Defore of Bibb--
House Bill No. 636. A bill to authorize and empower the Board of Commisisoners of Roads and Revenues, or other fiscal agent in counties of a certain population to fix the compensation of certain county officers, and for other purposes.
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 resolutions of the House, to-wit:

By Mr. Mixon of Irwin-
House Resolution No. 102-503b. A resolution to provide Codes and Form Books for Justices of the Peace in Irwin County.

MONDAY, FEBRUARY 27, 1933.

671

By Mr. Townsend of Dade-
House Resolution No. 119-569a. A resolution directing the State Librarian to furnish to the Ordinary and Clerk of the Superior Court of Dade County certain books, to which said officers are entitled under the laws of Georgia.

By Messrs. Turner, Lindsay and Hudgins of DeKalb-
House Resolution No. 155. A resolution requesting Federal Authorities to consider Georgia Marbl'e and Granite for use in constructing Federal Buildings.
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. Still, Eckford and Hartsfield of Fulton-
House Bill No. 266. A bill to be entitled an Act under the provisions of Section 6534 of the Code of 1910 to supplement the salaries of the Judges of the Superior Court of Fulton County as paid by the State from the Treasury of Fulton 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 requisite Constitutional majority the following resolution and bills of the Senate, towit:

By Mr. Fetzer of the 1st District-
Senate Resolution No. 79. A resolution that date set for final purchase of automobile tags be fixed as formerly

672

JOURNAL OF THE SENATE,

provided in joint resolution of General Assembly of Georgia, viz., March 1, 1933, and for other purposse.

By Messrs. Rivers of the 15th District, Dean of the 11th District, and others-
Senate Bill No. 142. A bill to amend an Act establishing a State Board of Medical Examiners approved August 18, 1913, as amended by an Act entitled an Act to abolish the present State Board of Medical Examiners and to establish a composite Board of Medical Examiners for the State of Georgia, defining its duties and powers; and for other purposes.
The following bills of the Senate, favorably reported by committees, were read the second time:
By Senators Knox of the 3rd District, Tuten of the 46th District, Boyd of the 33rd District, Oliver of the 48th District, Carithers of the 27th District, Jackson of the 21st District and Weaver of the 25th District-
Senate Bill No. 66. A bill to regulate the manner and conditions under which persons, firms, or corporations claiming to have a power of sale as to real estate in any instrument given to secure an indebtedness shall exercise that power, and for other purposes.
By Senator Hutcheson of the 44th District-
Senate Bill No. 126. A bill to further regulate the business of fire, storm, hurricane, tornado, theft and lightning insurance in this State, and for other purposes.
The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Ham of Echols-
House Bill No. 50 1. A bill to amend an Act entitled an Act providing for abolishing the office of County Treasurer

MONDAY, FEBRUARY 27, 1933.

673

of Echols County, Georgia, the creation and establishment of a County depository for said County, and for other purposes.

By Mr. Ham of Echols-
House Bill No. 502. A bill to amend an Act entitled "An Act to establish a Board of Commissioners of Roads and Revenues for the County of Echols, to define their duties, and for other purposes" approved December 9, 1893, so that said Act will provide for an increase in the per diem of Commissioners, and for other purposes.

By Messrs. Hill and Peters of Meriwether-
House Bill No. 506. A bill to consolidate the offices of Tax Collector and Tax Receiver of Meriwether County, and to create the office of Tax Commissioners, etc., and for other purposes.

By Mr. Bland of Stewart-
House Bill No. 532. A bill to abolish the offices of Tax Receiver and Tax Collector of Stewart County, to create the office of County Tax Commissioner, and for other purposes.
The following bills of the House were read the third time and put upon their passage-

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 107. A bill to amend Section 4931 ( 1) of Code of Georgia of 1910 so as to provide for increase or decrease of Judge of City Court salaries in counties having a certain population, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.

674

JOURNAL OF THE SENATE,

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

By Mr. Dixon of Pierce-
House Bill No. 474. A bill to amend an Act to abolish the offices of Tax Collector and Tax Receiver in and for the County of Pierce, and to create in their stead a 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 31, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Herndon of Hart-
House Bill No. 490. A bill to fix the amount of Bond for Sheriff of Hart County, and for other purp9ses.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0. The bill, having received the requisite Constitutional majority, was passed.

By Mr. Dixon of Pierce-
House Bill No. 510. A bill to amend an Act entitled an Act to abolish the offices of Tax Receiver and Tax Collector in Pierce County and to create the office of County Tax Commissioner of Pierce County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

MoNDAY, FEBRUARY 27, 1933.

675

By Mr. Dixon of Pierce-
House Bill No. 511. A bill to amend an Act to abolish the office of County Treasurer of Pierce County, to dispose of the money and property belonging to said office; 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 28, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Bargeron and Jones of Burke-
House Bill No. 525. A bill to change the method of compensating certain county officers in all counties in this State having a population of 29,000 or more inhabitants and less than 29,800 inhabitants according to the 1930 U. S. Census or any future census, 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.
The following privileged resolutions were read and adopted:

By Senator Tate of the 41st District-
A resolution extending the privileges of the floor to Hon. Roy Cobb of Ball Ground, Georgia.
By Senators Hutcheson of the 44th District, Tuten of the 46th District, and Lewis of the 20th District-
A resolution extending the privileges of the floor to Miss

676

JOURNAL OF THE SENATE,

Frances Knox, daughter of Senator Knox, of the 3rd District.

By Senator Conner of the 14th District-
A resolution extending the privileges of the floor to Hon. D. D. Pearce of Pulaski County.
The following bill of the House was read the third time and put upon its passage:

By Messrs. Flynt and Rogers of SpaldingHouse Bill No. 71, as follows, to-wit:

A BILL

To be entitled an Act to propose to the qualified voters of Georgia an amendment to Article Seven, Section Seven, Paragraph One, of the Constitution of Georgia, so as to authorize Spalding County to make temporary loans; to limit the aggregate amount of said loans outstanding at any one time; to provide that said loans must be paid off out of the taxes received by the County in the year in which loans are made; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article Seven, Section Sev~n, Paragraph One, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new sub-paragraph in the following words, to-wit: "And except that Spalding County may, in addition to the debts hereinbefore allowed, make temporary loans between March 1st and December 1st in each year, to be paid out of the taxes received by the County in that year, said loans to be evidenced by promissory notes signed by the Chairman and Clerk of the board having charge of the levying of taxes in said County and previously authorized by resolution by a majority vote at a regular monthly meet-

MoNDAY, FEBRUARY 27, 1933.

677

ing of such board entered on the minutes. The aggregate amount of said loans outstanding at any one time shall not exceed fifty per cent, of the total gross income of the County from taxes and other sources in the preceding year, and no new loans shall be made in one year until all loans made in the previous year have been paid in full."

Section 2. Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by twothirds vote of the members elected to each House, it shall be entered upon the Journal by each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article Seven, Section Seven, Paragraph One, of the Constitution, authorizing Spalding County to make temporary loans," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against ratification of amendment of Article Seven, Section Seven, Paragraph One, of the Constitution authorizing Spalding County to make temporary loans," and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in elections for members of the General Assembly, the said amendment shall become a part of Article Seven, Section Seven, Paragraph One of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law; provided that this special amendment to the Constitution shall not become effective if, at the same general election in which this special amendment is submitted to the qualified voters of the State, a general amendment to the Constitution of Georgia shall be

678

JOURNAL OF THE SENATE,

adopted by the qualified voters of the State, authorizing all that is authorized by this amendment.

Section 3. All laws and parts of laws in conflict herewith

are hereby repealed.



The report of the committee which was favorable to the passage of the bill, was agreed to.

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:.

Alston Baggett Boyd Boykin Call Campbell Carithers Cason Cloud Conner Culpepper Dean Dorminy

Edmondson Fetzer Fudge Goldin Groover Haralson Hogg Hubbard Hutcheson Key Knox Lewis Lovett

Mallett Moore Morris of the 39th Nelson Oliver Pottle Rivers Robertson Sims Sparks Terrell Tuten Weaver

The ayes were 39, nays 0.
The roll call was verified.
The bill, having received the requisite two-thirds Constitutional majority, was passed.
Not voting: Senators Andrews of the 23rd District, Colson of the 4th District, Howard of the 24th District, Howard of the 2nd District, Jackson of the 21st District, Lester of the 18th District, Morris of the 5th District, Paschall of the 43rd District, Sisk of the 30th District, Tate of the 41st District.

Senator Campbell of the 24th District moved that the

MoNDAY, FEBRUARY 27, 1933.

679

Senate reconsider its adverse action on Senate Resolution No. 49 at the preceding session. The Senator from the 34th District was given five minutes by unanimous consent, to speak in the interest of his motion.
The motion was lost, the ayes being 19, the nays 20.
Senator Cason of the 22nd District asked unanimous consent that House Bill No. 51, a bill to classify property for taxation, be withdrawn from the Committee on Amendments on the Constitution and recommitted to the Committee on Finance, and the consent was granted.
The following bill of the House continued from the previous session was taken up for passage:

By Mr. Dobbins of Morgan-
House Bill No. 59. A bill to regulate the expenses of all State Empolyees and for other purposes.
The committee offered the following substitute:

A BILL

To be entitled an Act to prohibit the purchase of any passenger automobile by any department, institution, bureau or agency of this State; to provide for disposition of state-owned automobiles; to provide for payment for mileage for officers, officials and employees of the State and of various departments thereof for the operation on official business of automobiles belonging to such officers, officials or employees; to provide for the fixing of such mileage rate; to provide penalties for violation of this Act and for other purposes.
Sec. 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the passage and approval of this act no funds appropriated to any department, institution, board, bureau or agency of this State shall be used for the purchase of any passenger carrying automobile what-

680

JoURNAL OF THE SENATE,

soever, and it shall be unlawful to expend any funds appropriated to any such department, institution, board, bureau or agency of this State or any State funds otherwise coming into the possession of any such department, institution, board, bureau or agency of the State for the purchase of any passenger carrying automobile, except one passenger automobile for use of the Governor of Georgia.

Sec. 2. Be it further enacted that on, or before, April 1, 1933, each department, institution, board, bureau or agency of the State shall deliver to the State Purchasing Agent at such place as may be designated by him all passenger carrying automobiles held or owned by any such department, institution, board, bureau or agency of the State, which have been purchased with funds of the State, or with funds appropriated or allocated to any such department or institution of the State. The said State Purchasing Agent shall proceed to sell said automobiles at public or private sale, as may deemed proper by him, provided, however, that the State Purchasing Agent may sell any such automobile to an employee or official of the State or of any department, institution, bureau, board or agency thereof, at such price as may be deemed fair and reasonable by the State Purchasing Agent on deferred payments; 20% of the purchase price shall be paid in cash and the remainder in ten equal monthly installments, which deferred payments shall bear interest at the rate of 8% per annum. In the event of any such sale on deferred payments, title to the automobile sold shall be reserved in the State and the purchaser shall insure the same against fire and theft, making the loss payable to the State. Before selling such automobile to any employee of the State, or any department, institution, bureau or agency thereof, the said State Purchasing Agent shall have the same appraised by some competent authority, and such automobile shall not be sold for less than its appraised value to any such official, agent or employee. Provided, that every such automobile so delivered to said State Purchasing Agent shall be sold by him within three ( 3)

MOND.W, FEBRUARY 27, 1933.

681

weeks after the same are delivered to him, and in the event the same, or any part thereof, are sold at public outcry, notice of such public sale shall be published in at least one, or more, newspapers having a general circulation in the State, and such public sales shall be for cash.
Sec. 3. Be it further enacted that it shall be the duty of the State Purchasing Agent with the heads of the several departments, on or immediately after April first of this year, by proper executive or instructive order, to fix the amount or rate per mile, not to exceed five cents per mile, to be paid to officers, officials or employees of the various departments, institutions, boards, bureaus and agencies as traveling expense, when traveling in the service of the State or any agency thereof by automobile. The said rate per mile shall be uniform and of general application to all departments, agencies and institutions of the State. Said rate shall be subject to change by the State Purchasing Agent, who shall consult with the heads of the several departments, agencies, boards, bureaus and institutions interested therein and such mileage allowance shall be fixed in such manner as will reasonably cover the cost of operating such automobile, but the same shall not exceed five cents per mile.
Sec. 4. Be it further enacted from and after the passage of this Act, all officers, officials or employees of the State and of the various departments, institutions, boards, bureaus and agencies of the State required to travel by automobile in the performance of their official duties shall themselves furnish out of their own personal funds such automobile as may be necessary for their official use, and shall receive for the use of such automobile and as expense of operating the same such mileage allowance as is fixed by the State Purchasing Agent.
Sec. 5. Be it further enacted by the authority aforesaid that the State Purchasing Agent, assisted by the heads of the departments, agencies, bureaus or institutions, shall be

682

JoURNAL OF THE SENATE,

charged with the duty of the enforcement of this Act, and he shall supply such department, agency, bureau, or institution with suitable blanks for the purpose of carrying into effect the purpose and intent of this Act, including tickets to be known as mileage tickets, which shall be in triplicates consecutively numbered to show the date any trip was made, origin and destination of trip, miles traveled on the trip and purpose for which the trip is made. No ticket shall cover more than one day's travel and shall be signed by the officer or employee making such trip who shall keep one copy thereof and forward the other two copies of said mileage ticket to the head of such department, hoard, bureau, agency or institution in which he is employed, at the end of the week filing a weekly report to the head of the said department, agency or bureau. And the head of such agency, board, bureau or institution, or his authorized agent, shall within five days after receipt of such weekly report, audit the same and place thereon his approval or disapproval of the same, and promptly forward copy of each ticket to the State Purchasing Agent for his records. The State Purchasing Agent shall have authority to inquire into the correctness and legality of such mileage tickets, and it shall be his duty to do so. When any mileage ticket has been approved by the head of such department, agency or bureau, the same shall be paid to the officer or employee making the same from the general funds appropriated for such department or institution.

Sec. 6. Be it further enacted by the authority aforesaid that upon the approval of this Act the head of each department, board, agency or institution of this State shall file with the State Purchasing Agent a list of all officials and employees who are entitled to receive compensation under the provision of this Act, said list to be approved by the State Purchasing Agent, and no employees or officials of any department or institution of this State shall receive any compensation under the provsion of this Act whose name has not been so enrolled.

MONDAY, FEBRUARY 27, 1933.

683

Sec. 7. Be it further enacted by the authority aforesaid, that it shall be unlawful for any officer of this State or any employee of any department, bureau, agency, board or institution while traveling in vehicles upon which the State is paying transportation mileage to transport any political campaign literature or matter or to engage in soliciting votes or the transportation of any person or persons soliciting votes in any election or primary.
Sec. 8. Be it further enacted that all funds derived under this Act from the sale of said State-owned automobiles shall be paid into the treasury of the State, and allocated to the use and for the benefit of the common schools of Georgia.
Sec. 9. Be it further enacted that nothing herein shall affect or relate to trucks, tractors or trailers.
Sec. 10. Be it enacted further that any person, or persons, violating any provision of this Act shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law, and shall be removed from office.
Sec. 11. Should any part of this Act be dedared Unconstitutional or otherwise inoperative, the remaining portions hereof shall not be invalidated.
Sec. 12. Be it further enacted that all laws and parts of laws in conflict in provision with this Act be., and the same are, hereby repealed.

Senator Culpepper of the 36th District, offered to amend
the substitute to House Bill No. 59 as follows:
The substitute for House Bill No. 59 is hereby amended
by adding the words "and motorcycles" after the words "passenger automobiles" in Section 1, Paragraph 1 of said substitute.
Senator Jackson of the 21st District, asked unammous

684

JOURNAL OF THE SENATE,

consent that debate be limited to ten minutes to each speaker, and the consent was granted.
Senator Morris of the 39th District and Culpepper of the 36th District offered to amend the substitute to House
Bill No. 59, as follows:
By adding after the word "Georgia" in Section No. 1 and at the end of said section the following: "And one passenger automobile for the Adjutant-General of Georgia."
Senator Terrell of the 37th District offered to amend the
substitute to House Bill No. 59, as follows:

By striking therefrom wherever the same appears the words "State Purchasing Agent" and substitute in lieu thereof the following: "State Supervisor of Purchases."
Senator Key of the 28th District offered to amend the
substitute to House Bill No. 59, as follows:
By adding between the words "State Purchasing Agent" and the word "Shall" in line 7, Section 2, the following words: "In conjunction with head or heads of departments, departments or bureaus."
Senator Key of the 28th District offered to amend the
substitute to House Bill No. 59, as follows:
By adding after the words "Purchasing Agent" in line 7, the following words in conjunction with head or heads of various departments and bureaus."
Senator Cail of the 17th District, offered to amend the
substitute to House Bill No. 59, as follows:
By adding thereto the following to be known as Section
9 0 : Section 9 0. All officials and employes of State and
departments thereof shall not under any conditions be paid any subsistence and hotel or board allowance in excess of $2.50 per day when actually away from his place of abode and when in actual service of the State.

MoNDAY, FEBRUARY 27, 1933.

685

Senator Terrell of the 37th District offered to amend
the substitute to House Bill No. 59, as follows:

By adding thereto the following paragraph to be known
as Section 8Yz : "Section 8Yz. The Supervisor of Pur-
chases shall have authority to prepare contracts representing sales of automobiles on deferred payment plan and to incorporate therein such provisions as will protect the State's interest, including retention of title, interest rate, insurance and right of repossessing automobiles upon default in payment of purchase money or any part thereof."

Senator Cason of the 22nd District offered to amend the
substitute to House Bill No. 59, as follows:

By ending after the word "Georgia" in Section No. 1 and at the end of said section the following: "And one Passenger Automobile .for the Chairman of the State Highway Board of Georgia."

The call for the previous question on the substitute and amendments was sustained and the main question was ordered and confirmed.

The question was on the amendment of the Senator from the 22nd 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:

Alston Baggett Boykin Carithers Cason Cloud Colson

Conner Dean Dorminy Edmondson Haralson Hubbard Mallett

Morris of the 39th Pottle Rivers Sparks Tate Turner Weaver

Those voting in the negative were Senators:

Andrews Boyd Cail

Campbell Culpepper Fetzer

Fudge Groover Hogg

686

}OURNAL OF THE SENATE,

Howard of the 24th Howard of the 2nd Hutcheson Jackson Key Knox

Lewis Lovett Moore Morris of the 5th Nelson Oliver

The ayes were 21, nays 26.

The amendment was lost.

Robertson Sims Sisk Terrell Tuten

The question was on the amendment of the Senator from the 37th District, and the amendment was adopted.

The question was on the amendment on the Senator from the 17th District, the amendment was adopted.

The question was on the last amendment offered by the Senator from the 28th District, the amendment was adopted.

The question was on the first amendment offered by the Senator from the 28th District, the amendment was adopted.

The question was on the amendment of the Senator of the 37th District, relating to the State Purchasing Agent. The amendment was adopted.

The question was on the amendment of the Senator of the 36th District, the amendment was adopted.

The question was on the amendment of Senators Morris and Culpepper relating to the Adjutant-General; the ayes and nays were called and the call was sustained and the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Alston Cloud Conner Culpepper Dean Edmondson

Goldin Howard of the 2nd Hubbard Lester Mallett Moore

Morris of the 39th Oliver Rivers Tuten Weaver

MONDAY, FEBRUARY 27, 1933.

687

Those voting in the negative were Senators:

Andrews Baggett Boyd Boykin Cail Campbell Carithers r,ason Dorminy Fetzer Fudge

Groover Haralson Hogg Howard of the 24th Hutcheson Jackson Key Knox Lewis Lovett Morris of the 5th

Nelson Pottle Robertson Sims Sisk Sparks Tate Terrell Turner

The ayes were 17, the nays 31, and the amendment was lost. The roll call was verified.

The question was on the adoption of the substitute, as amended. The roll was called and the vote was as follows:

Those voting 10 the affirmative were Senators:

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cason Cloud Conner Culpepper Dean Dorminy Edmondson I<'etzer

Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver

Those voting in the negative were Senators:
Hubbard

The ayes were 47 and the nays 1, and the substitute, as amended, was adopted.

The question was on the passage of the bill by substitute

688

JouRNAL OF THE SENATE,

as amended. The call for the ayes and nays was sustained, the roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Andrews Baggett Boyd Boykin Cail Campbell Carithers Cloud Conner Culpepper Dean Dorminy Edmondson

Fetzer Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hutcheson Jackson Knox Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver

Those voting in the negative were Senators:

Cason Hubbard

Key Lester Lewis

Pottle Rivers

The ayes were 41, the nays 7. The roll call was verified.

The bill by substitute as amended having received the requisite Constitutional majority, was passed.

Not voting: Senators Colson of the 4th District, Paschall of the 43rd District.

The following resolution of the House was read and adopted:

By Messrs. Turner, Lindsay and Hudgins of DeKalb-
House Resolution No. 15 5. A resolution requesting
Federal authorities to consider the use of Georgia marble and granite in constructing Federal buildings.
The following bills of the House were read the first time, and referred to committees:

MmmAY, FEBRUARY 27, 1933.

689

By Mr. Almand of Walton-
House Bill No. 77. A bill making it unlawful for any person, firm or corporation to advertise, sell or barter any planting seed in the State of Georgia differing in variety from that so advertised, and for other purposes.
Referred to Committee on Agriculture.

By Mr. Eckford of Fulton-
House Bill No. 101. A bill to amend Section 2 of the Workmen's Compensation Act approved August 17, 1920, and Acts amendatory thereof by designating policemen and those connected with the fire departments as employees, and for other purposes.
Referred to Committee on Industrial Relations.

By Mr. Mixon of Irwin-
House Bill No. 102. A bill providing for service of notice by County Board of Registrars upon persons whose names are on the voters book by posting same in the United States rnail, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Middlebrooks of Jones-
House Bill No. 263. A bill to amend an Act approved July 15, 1924, entitled an Act to extend the lien of mortgages on crops before the same are planted or growing, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 363. A bill to provide that in certain counties in Georgia taxpayers shall have the option of paying certain amounts upon their school taxes before due

690

JoURNAL OF THE SENATE,

and receive a five per cent discount on same, and for other purposes.
Referred to Committee on Education.

By Messrs. Hartsfield, Eckford and Still of Fulton-
House Bill No. 381. A bill to provide that the salaries of certain county officers in counties of a certain population be fixed by the Commissioners of Roads and Revenues, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Mixon of Irwin-
House Bill No. 103. A bill to provide for service of notice upon taxpayers by assessors through the United States mail, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Messrs. Evans of McDuffie and Cartledge of Richmond-
House Bill No. 112. A bill to amend an Act approved August 17, 1920, and Acts amendatory thereof known as the Georgia Workmen's Compensation Act so as to provide that insurance companies writing compensation insurance in Georgia shall be required to give bond in the sum of $50,000.00, and for other purposes.
Referred to Committee on Industrial Relations.

By Mr. Eckford of Fulton-
House Bill No. 117. A bill to amend the Code of Georgia of 1910, by adding to Section 5268 of Article 1, Chapter 11 of the second title, and for other purposes.
Referred to Committee on General Judiciary No. 1.

MoNDAY, FEBRUARY 27, 1933.

691

By Mr. Bruton of Cook-
House Bill No. 495. A bill to abolish the offices of Tax Receiver and Tax Collector of Cook County, Georgia; to create the office of Tax Commissioner of Cook County, Georgia, to fix the term and compensation of said officers, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Holland of Chattooga-
House Bill No. 524. A bill to abolish the Board of
Commissioners of Roads and Revenue of Chattooga County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Black of Forsyth-
House Bill No. 566. A bill to amend an Act approved
August 6, 1927, entitled an Act to provide for holding three terms a year of the Superior Court in Forsyth County, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Crawford of Union-
House Bill No. 579. A bill to reduce the penalty of the official bond of the Sheriff of Union County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Patten of Tift-
House Bill No. 581. A bill to amend an Act to create
a new charter for the City of Tifton, approved August 14, 1920, and for other purposes.
Referred to Committee on Municipal Government.

692

JoURNAL OF THE SENATE,

By Messrs. Park, Gillen and Defore of Bibb-
House Bill No. 636. A bill to authorize and empower the Board of Commissioners of Roads and Revenues, or other fiscal agent in counties of a certain population to fix the compensation of certain county officers, and for other purposes.
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. Mixon of Irwin-
House Resolution No. 102-SOJB. A resolution to provide Codes and Form Books for Justices of the Peace in Irwin County.
Referred to Committee on Public Library.

By Mr. Townsend of Dade-
House Resolution No. 119-569A. A resolution directing the State Librarian to furnish to the Ordinary and Clerk of the Superior Court of Dade County certain books to which said officers are entitled under the laws of Georgia.
Referred to Committee on Public Library.
Senator Fetzer of the 1st District moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until 10 :00 tomorrow morning.

TuESDAY, FEBRUARY 28, 1933.

693

SENATE CHAMBER, ATLANTA, GA.

TUESDAY, FEBRUARY 28, 1933.

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

Prayer was offered by the Rev. T. M. Luke, of, the Christian Church.

By unanimous consent the calling of the roll was dis-

pensed with.



Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that he examined the Journal of yesterday's proceedings and found it correct.

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

Senator Knox of the 3rd Dist:,rict asked unanimous consent that House Bill No. 111 be withdrawn from Committee on Special Judiciary and recommitted to the Committee on General Judiciary No.1, and the consent was granted.

Senator Lester of the 18th District asked unanimous consent that Senate Bill No. 102 be withdrawn from Committee on Banks and Banking and be withdrawn from consideration of the Senate, and the consent was granted.

Senator Tuten of the 46th District asked unanimous consent that Senate Bill No. 150 be withdrawn from the Senate, and the consent was granted.
Senator Dean of the 11th District asked unanimous consent that Senate Bill No. 153 be withdrawn from the Senate, and the consent was granted.

The Committee on Rules submitted the following report, which was read and adopted :

694

JoURNAL OF THE SENATE,

A RESOLUTION
Mr. President:
Your Committee on Rules met in Executive Session and has adopted the following resolution:
Be it Resolved, that the following rules be established governing and limiting debate on all general Senate and House bills for today, February 28th, and tomorrow, Wednesday, March 1st. Each proponent of any general bill shall be limited to ten minutes' time in debate upon a bill; any one selected opponent on a bill shall be limited to ten minutes' time for debate; any Senator desiring to be heard upon any general bill shall be limited to five minutes' time for debate.
Be it further resolved, that the President of the Senate be, and he is, hereby requested to invoke, enforce and keep enforced, Rule No. 111 of the rules of this body.
Be it further resqlved,' that all doorkeepers and messengers be requested and directed to remain at their post of duty and refrain from entering upon the floor of the Senate at any time except when actually engaged in the performance of their duties.
Be it further resolved, that all pages be requested and directed to station themselves in the front of the Senate Chamber in order that they may be at the call of the Senators who desire their services.
Be it further resolved, that the Senate remain in session on the two days aforesaid until two o'clock P. M.
GEo. FETZER, JR., Vice-Chairman.
WM. H. LESTER, Secretary.

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

TuEsDAY, FEBRUARY 28, 1933.

695

By Senator Culpepper of the 36th District-
Senate Bill No. 210. A bill to amend Section 4016 of the Code of 1910, relating to making titles on bond of intestate by adding to the said section a provision provided that any administrator or executor of any estate, if satisfied that the conditions of the bond of the intestate have been complied with may, in his discretion, execute the title according, etc.
Referred to Committee on Judiciary No. 1.

By Senator Sims of the 35th District-
Senate Bill No. 211. A bill to reduce salaries and costs in Municipal Court of Atlanta.
Referred to Committee on Special Judiciary.
By Senator Sims of the 35th District-
Senate Bill No. 213. A bill to regulate the issuing of tax fi. fas. in counties of 200,000 population, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senators Knox of the 3rd District and Lewis of the 20th District-
Senate Bill No. 214. A bill to provide for convention to pass on amendments to the Constitution of the United States which may have been proposed or which may hereafter be proposed by the Congress for ratification by conventions in the several States, and for other purposes.
Referred to Committee on Privileges and Elections.

By Senator Rivers of the 15th District-
Senate Bill No. 212. A bill to reduce the bond of the Sheriff of Wheeler County from the amount of $10,000 to $5,000, and for other purposes.

696

JoURNAL OF THE SENATE,

Referred to Committee on Counties and County Matters.

By Senator Sims of the 35th District-
Senate Bill No. 215. A bill to provide for practice and procedure in criminal cases by permitting the filing of a Bill of Particulars.
Referred to Committee on General Judiciary No. 2.

By Senator Sims of the 35th District-
Senate Bill No. 216. A bill to provide for joinder of several cases against same defendant.
Referred to Committee on General Judiciary No. 2.

By Senator Sims of the 35th District-
Senate Bill No. 217. A bill to provide for joint trial of defendants jointly indicted.
Referred to Committee on Judiciary No. 2.

By Senator Sims of the 35th District-
Senate Bill No. 218. A bill to provide for appeals by the State in certain criminal cases.
Referred to Committee on Judiciary No. 2.

By Senator Sims of the 35th DistrictSenate Bill No. 219. A bill to provide for amendment
of indictments in criminal cases.
Referred to Committee on Judiciary No. 2.

By Senator Cason of the 22nd District-
Senate Bill No. 220. A bill to provide for the nomination of candidates for county offices in Lamar County, and for other purposes.

TUESDAY, FEBRUARY 28, 1933.

697

Referred to Committee on Counties and County Matters.

By Senator Lester of the 18th District-
Senate Bill No. 221. A bill to incorporate the village of Forest Hills, in the County of Richmond, and for other purposes, etc.
Referred to Committee on Municipal Government.

By Senator Sims of the 35th District-
Senate Bill No. 222. A bill to provide for waiver of indictment in criminal cases.
Referred to Committee on General Judiciary No.2.
Senator Lewis of the 20th District asked unanimous consent that the Secretary be authorized to correct the caption on two amendments attached to the committee substitute of Senate Bill No. 128, and the consent was granted.
Senator Lewis of the 20th District asked unanimous consent that 300 copies of the substitute and amendments to Senate Bill No. 128 be printed for the use of the Senate and the House, and the consent was granted.
Senator Sims of the 35th District moved that the Senate insist on its amendment to House Bill No. 266, a bill to amend Section 65 34 of the Code relative to salaries of the Judges of Superior Court of Fulton County, and the motion prevailed.
The following privileged resolutions were read and adopted:

By Senator Lester of the 18th District-
Resolution extending the privileges of the floor to the
Honorable R. E. Elliott, former member of the City Coun-
cil of Augusta.

698

JoURNAL OF THE SENATE,

By Senator Cloud of the 19th District-
A resolution extending the privileges of the floor to the
Honorable J. A. Beazley, former Representative from
Taliaferro County.

By Senator Cloud of the 19th District-
A resolution extending the privileges of the floor to Dr.
E. T. Portwood, County School Superintendent of Talia-
ferro County.

By Senator Hubbard of the 31st District-
A resolution extending the privileges of the floor to Judge T. W. Harbin, of Calhoun, Georgia, a former member of this body.

By Senator Turner of the 7th DistrictA resolution extending the privileges of the floor to Mr.
J. H. Saxon, Public School Superintendent of Quitman.

By Senator Nelson of the 6th District-
A resolution extending the privileges of the floor to the
Honorables W. M. Evarts, B. Powell, J. W. Wells and P. J. Castleberry, of Cook County.
The following resolution of the Senate was read and adopted:

By Senator Fudge of the 8th District-
Senate Resolution No. 91. A resolution requesting States, which have not done so, to memorialize Congress to pass United States Senate Bill No. 1197, relating to agriculture, and that copies of this resolution be sent to the presiding officers of the Legislatures of those States.
Leave of absence was granted Senator Howard of the 24th District on account of illness in his family.

TUESDAY, FEBRUARY 28, 1933.

699

Mr. Culpepper of the 36th District, Chairman of the Committee on Highways arid Public Roads, submitted the following report:

Mr. President:
Your Committee on Highways and Public Roads have had under consideration the following Senate bill, No. 153, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the author, Senator J. G. Dean of the 11th District, be requested to withdraw it for the reason that the bill appears to be a revenue measure, and as such must originate in the House of Representatives.
N. F. CuLPEPPER, Chairman,
Committee on Highways and Public Roads.

Mrs. Moore, Chairman of the Committee on Library, submitted the following report:

Mr. President:
Your Committee on Library have had under consideration the following, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Resolution No. 84.

Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following, and the committee has

700

JoURNAL OF THE SENATE,

instructed me as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 55, do not pass.
Mr. Boykin of the 29th District, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking have had under consideration the following Senate Bill, No. 174, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
BOYKIN of the 29th District,
Chairman.

Mr. President:
Your Committee on Enrollment has read and approved the following Act 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. 142.
Respectfully submitted,
G. C. ALSTON, Chairman.
Mr. Howard of the 2nd District, Chairman of the Com~ mittee on Municipal Government, submitted the following report:

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

TUESDAY, FEBRUARY 28, 1933.

701

House Bill No. 481. By Troup delegation, do pass.
Senate Bill No. 208. By Morris of the 39th, do pass.
Senate Bill No. 113. By Sims of the 35th and Campbell of the 34th, do pass by substitute.
House Bill No. 581. By Patten of Tift, do pass by substitute.
Mr. Lester of the 18th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report :

Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following bills, and the committee have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 20 and Senate Bill No. 56, do pass by substitute, to be known as substitute for Senate Bill No. 56.
Senate Resolution No. 1, do pass.
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. Jordan of Schley-
House Bill No. 635. A bill to amend an Act approved December 13th, 1871, creating a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, so as to provide for compensation for the Commissioners of Schley County, and Clerk of the Board, and for other purposes.

702

JoURNAL OF THE SENATE,

By Messrs. Eckford and Hartsfield of Fulton-
House Bill No. 663. A bill to amend an Act establishing a new charter for the City of Atlanta, and for other purposes.

By Messrs. Still, Eckford and Hartsfield of Fulton-
House Bill No. 664. A bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, 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 bills of the House, to-wit:

By Mr. Culpepper of Fayette-
House Bill No. 118. A bill to provide a special fund of $600,000.00 for the payment of the past due and unpaid appropriations for the year 1930 for pensions to Confederate Soldiers and their widows, and for other purposes.

By Mr. Evans of McDuffie-
Hause Bill No. 251. A bill prohibiting life insurance companies, industrial life insurance and burial associations, fraternal organizations and other similar organizations from agreeing to settle or settling losses under its contracts or certificates, and for other purposes.

By Mr. Townsend of Dade-
House Bill No. 560. A bill to abolish the Board of
Commissioners of Roads and Revenues of Dade County, and for other purposes.

TUESDAY, FEBRUARY 28, 1933.

703

By Mr. Pope of Toombs-
House Bill No. 592. A bill to create the office of Commissioner of Roads and Revenues in and for the County of Toombs, and for other purposes.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 613. A bill to amend an Act entitled an Act to establish the City Court of Richmond County, and to repeal an Act entitled an Act to alter and amend an Act to alter and amend the laws relating to the City Court of Richmond County, so as to reduce the salary of the Judge of said Court, and for other purposes.

By Mr. Trapnell of Candler-
House Bill No. 627. A bill to provide for the creation of a Board of Road and Revenue Commissioners in and for the County of Candler, 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 bills of the House, to-wit:

By Mr. Dobbins of Morgan-
House Bill No. 483. A bill to provide for the use of wire baskets in the waters of Morgan County, and for other purposes.

By Mr. Townsend of Dade-
House Bill No. 557. A bill to provide that the alternative four-days road law, as passed by certain Acts of the Georgia Legislature, shall not be operative in Dade County, and for other purposes.

704

JoURNAL OF THE SENATE,

By Messrs. Rountree and Spivey of Emanuel-
House Bill No. 562. A bill to amend the Act abolishing the office of County Treasurer of Emanuel County, and for other purposes.

By Mr. Miller of Calhoun-
House Bill No. 563. A bill to amend an Act creating ,the City Court of Morgan County, so as to reduce the salary of the Judge, and for other purposes.

By Messrs. Turner, Lindsay and Hudgins of DeKalb-
House Bill No. 583. A bill to amend an Act establishing a new charter for the City of Lithonia, and for other purposes.

By Mr. Courson of Brantley-.-
House Bill No. 590. A bill to reduce the penalty on bond of the sheriff of Brantley County, Georgia, and for other purposes.

By Mr. Pope of Toombs-
Hause Bill No. 591. A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in Toombs County; to provide for their election, 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 of the House, to-wit:

By Messrs. Lane of Jenkins, Rabun of Jefferson, and others-

TUESDAY, FEBRUARY 28, 1933.

705

House Bill No. 602. A bill requiring a license to fish in the Ogeechee River, and for other purposes.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 605. A bill to repeal an Act entitled an Act to extend the Civil jurisdiction of certain Justices of Peace in the County of Richmond over the City of Augusta, approved December 22, 1834, and for other purposes.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 606. A bill to repeal an Act approved August 27, 1931, entitled an Act to amend an Act approved August 17, 1925, entitled an Act to amend an Act approved July 31, 1923, entitled an Act to amend the charter of the City of Augusta, and for other purposes.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 607. A bill to amend an Act approved August 17, 1925, entitled an Act to amenfl the Act approved July 31, 1923, entitled an Act to amend the Charter of the City of Augusta, and for other purposes.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 608. A bill to amend the Charter of the City of Augusta, Inc., as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part pay any employee of the City of Augusta, and for other purposes.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 612. A bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues of Richmond County, and for other purposes.

706

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 reqms1te Constitutional majority the following bills of the House, to-wit:

By Mr. Allen of Cobb-
House Bill No. 614. A bill to provide that in counties of this State having a certain population, certain County Officers shall be named and their salaries fixed by the Commissioner of Roads and Revenues, and for other purposes.

By Mr. Barrett of White-
House Bill No. 625. A bill to amend an Act entitled an Act to create the office of County Treasurer of White County; to prescribe his powers and duties;, and for other purposes.

By Mr. Trapnell of Candler-
House Bill No. 626. A bill to repeal an Act entitled an Act to create a Board of Commissoners of Roads and Revenues for Candler County, and for other purposes.
The following resolution of the Senate, favorably reported by the committee, was read the second time:

By Senator Morris of the 39th District-
Senate Resolution No. 84. A resolution directing the State Librarian to furnish to the Judge of the Superior Courts of the Blue Ridge Circuit certain volumes of the Court of Appeals and certain volumes of the Supreme Court and certain volumes of Park's Annotated Code.
The following bills of the Senate, favorably reported by the committees, were read the second time:

TuEsDAY, FEBRUARY 28, 1933.

707

By Senator Boykin of the 29th District-
Senate Bill No. 20. A bill to ~mend Paragraph 2, Section 2, Article 7 of the Constitution of Georgia of 1877, so as to exempt wearing apparel and three hundred dollars worth of household and kitchen furniture and provisions, and for other purposes.
By Senator Howard of the 24th District-
Senate Bill No. 56. A bill to submit to the qualified voters of the State of Georgia an amendment to Paragraph 2 of Section 2 of Article 7 of the Constitution of the State of Georgia by adding thereto a provision authorizing and empowering the General Assembly of the State of Georgia to exempt from taxation for State purposes only not exceeding five thousand dollars in value of house and land when occupied by owner, and for other purposes.

By Senators Sims of the 35th District, and Campbell of the 34th District-
Senate Bill No. 113. A bill creating a Sewer District for Atlanta and surrounding territory. To provide for a Board of Sewer Commissioners; to provide that bonds may be issued by vote of the people to build said sewage system, and for other purposes.

By Senators Carithers of the 27th District, and Nelson of the 6th District-
Senate Bill No. 174. A bill to amend an Act entitled "An Act to regulate banking in the State of Georgia; to create the department of banking. in the State of Georgia; to provide for the incorporation of banks, and the amendment, renewal and surrender of Charters; to provide penalties for violation of laws with reference to banking business, and for other purposes," approved A!lgust 19, 1919, and the several Acts amendatory thereof, and for other purposes.

708

JoURNAL OF THE SENATE,

By Senator Morris of the 34th District-
Senate Bill No. 208. A bill to amend an Act incorporat-
ing the Town of Canton, Georgia, Acts of the General Assembly of Georgia, 1922, page 604, et seq., and for other purposes.
The following bills of the House, favorably reported by the committee, were read the second time:

By Messrs. Davis, Harrison, and Longley of Troup-
House Bill No. 481. A bill to amend an Act to create a new Charter for the City of LaGrange, in the County of Troup, approved December 16, 190____ ; to fix methods of zoning said city, and for other purposes.

By Mr. Patten of Tift-
House Bill No. 581. A bill to amend an Act to create a new Charter for the City of Tifton, approved August 14, 1920, and for other purposes.
The following bills of the House were read the third time and put upon their passage:

By Mr. Ham of Echols-
Hause Bill No. 501. A bill providing for abolishing the office of County Treasurer of Echols County, Georgia; the creation and establishment of a County Depository for 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 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.

TUESDAY, FEBRUARY 28, 1933.

709

By Mr. Ham of Echols-
House Bill No. 502. A bill to amend an Act entitled "An Act to establish a Board of Commissioners of Roads and Revenues for the County of Echols; to define their duties, and for other purposes," approved December 9, 1893, so that said Act will provide for an increase in the per diem of Commissioners, 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 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Hill and Peters of Meriwether-
Hause Bill No. 506. A bill to consolidate the offices of
Tax Collector and Tax Receiver of Meriwether County, and to create the office of Tax Commissioner, etc., and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Bland of Stewart-
House Bill No. 532. A bill to abolish the offices of Tax Receiver and Tax Collector of Stewart County, Georgia; to create the office of County Tax Commissioner, and for other purposes
The committee moved to amend House Bill No. 532 as follows: "By striking the words 'The security on said bonds shall be a Bonding Company legally authorized to

710

]OURNAL OF THE SENATE,

do business in the State of Georgia, and the premiums on said bonds shall be paid out of the County Treasury of Stewart County, Georgia, as a part of the expenses of the County Government,' as they appear in Section 11 of said Act and substituting in lieu thereof the following language, to-wit: 'The security on said bonds shall be either a Bonding Company legally authorized to do business in the State of Georgia or other good and solvent sureties that shall be approved by the Ordinary or such other officers with whom it may be necessary to file such bonds. The premiums on said bonds shall be paid out of the County Treasury of Stewart County, Georgia, as part of the expense of the County Government.' "
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, nays 0. ,
The bill as amended 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. Dobbins of Morgan-
House Bill No. 483. A bill to provide for the use of wire baskets in the waters of Morgan County, and for other purposes.
Referred to Committee on Game and Fish.

By Mr. Townsend of Dade-
House Bill No. 55 7. A bill to provide that the alter-
native four days road law, as passed by certain Acts of the Georgia Legislature, shall not be operative in Dade County, and for other purposes.

TuESDAY, FEBRUARY 28, 1933.

711

Referred to Committee on Counties and County Matters.

By Messrs. Rountree and Spivey of Emanuel-
House Bill No. 562. A bill to amend the Act abolishing the office of County Treasurer of Emanuel County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Miller of Calhoun-
House Bill No. 563. A bill to amend an Act creating the City Court of Morgan, so as to reduce the salary of the Judge, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Turner, Lindsay and Hudgins of DeKalb-
House Bill No. 583. A bill to amend an Act establishing a new Charter for the City of Lithonia, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Courson of Brantley-
Hause Bill No. 590. A bill to reduce the penalty on bond of the Sheriff of Brantley County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Pope of Toombs-
Hause Bill No. 591. A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in Toombs County; to provide for their election, and for other purposes.
Referred to Committee on Counties and County Matters.

712

JoURNAL OF THE SENATE,

By Messrs. Land of Jenkins, Rabun of Jefferson, and others-
House Bill No. 602. A bill requiring a license to fish in Ogeechee River, and for other purposes.
Referred to Committee on Game and Fish.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 605. A bill to repeal an Act entitled an Act to extend the civil jurisdiction of certain Justices of the Peace in the County of Richmond over the City of Augusta, approved December 22, 1834, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Lanier, Harris and Cartledge of Richmond-

House Bill No. 606. A bill to repeal an Act approved

August 27, 1931, entitled an Act to amend an Act ap-

proved August 17, 1925, entitled an Act to amend an Act

approved July 31, 1923, entitled an Act to amend the Char-

ter of the City of Augusta.



Referred to Committee on Municipal Government.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 613. A bill to amend an Act entitled an Act to establish the City Court of Richmond County, and to repeal an Act entitled an Act to alter and amend an Act to alter and amend the laws relating to the City Court of Richmond County, so as to reduce the salary of the Judge of said Court, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Trapnell of CandlerHouse Bill No. 627. A bill to provide for the creation

TUESDAY: FEBRUARY 28, 1933.

713

of a Board of Road and Revenue Commissioners in and for the County of Candler, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Jordan of Schley-
House Bill No. 635. A bill to amend an Act approved December 13, 1871, creating a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, so as to provide for compensation for the Commissioners of Schley County, and Clerk of the Board, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Eckford and Hartsfield of Fulton-
House Bill No. 663. A bill to amend an Act establishing a new Charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Still, Eckford and Hartsfield of Fulton-
House Bill No. 664. A bill to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 607. A bill to amend an Act approved August 17, 1925, entitled an Act to amend the Act approved July 31, 1923, entitled an Act to amend the Charter of the City of Augusta, and for other purposes.
Referred to Committee on Municipal Government.

714

JOURNAL OF THE SENATE,

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 608. A bill to amend the Charter of the City of Augusta, Inc., as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part pay any employee of the City of Augusta, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 612. A bill to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for Richmond County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Allen of Cobb -
House Bill No. 614. A bill to provide that in counties of this State having a certain population, certain county officers shall be named and their salaries fixed by the Commissioners of Roads and Revenues, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Barrett of White-
House Bill No. 625. A bill to amend an Act entitled an Act to create the office of County Treasurer of White County; to prescribe his powers and duties, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Trapnell of Candler-
House Bill No. 626. A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for Candler County, and for other purposes.
Referred to Committee on Counties and County Matters.

TuEsDAY, FEBRUARY 28, 1933.

715

By Mr. Culpepper of Fayette-
House Bill No. 118. A bill to provide a special fund of $600,000.00 for the payment of the past due and unpaid appropriations for the year 1930 for pensions to Confederate Soldiers and their Widows, and for other purposes.
Referred to Committee on Finance.

By Mr. Evans of McDuffie-
House Bill No. 251. A bill prohibiting life insurance companies, industrial life insurance and burial associations, fraternal organizations and other similar organizations from agreeing to settle or settling losses under its contracts or certificates, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Townsend of Dade-
House Bill No. 560. A bill to abolish the Board of Commissioners of Roads and Revenues of Dade County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Pope of Toombs-
House Bill No. 592. A bill to create the office of Commissioner of Roads and Revenue in and for the County of Toombs, and for other purposes.
Referred to Committee on Counties and County Matters.
The following communication from His Excellency, Governor Eugene Talmadge was received and read.

FEBRUARY 27, 1933. To the President and }}fembers of the Senate:
I am returning herewith Senate Bill No. 75, an Act to

716

JoURNAL OF THE SENATE,

amend the Charter of the City of Atlanta as to issuing execution for taxes, etc., without my approval.
I am doing this because the authors of the bill requested me to do so in a letter dated February 24, 1933. This letter is enclosed herewith.
I am glad to accede to their wishes as this is a local bill, and it is hereby vetoed and returned to your body.
Respectfully,
EuGENE TALMADGE,
Governor.

Senator Sims of the 35th District and Senator Campbell of the 34th District, moved that the Senate sustain the veto of the Governor, and the motion prevailed.
By unanimous consent a message was immediately transmitted to the House apprising it of the Senate's action on the veto of Senate Bill No. 75.
The Senate took up for passage the following bill of the Senate, continued from the session of the 24th inst. :
By Senator Cail of the 17th District-
Senate Bill No. 32. A bill to provide for fixing rates and valuations on public utilities.
Senator Carithers of the 27th District, moved that the bill be withdrawn from further consideration and recommitted to the Committee on General Judiciary No. 2, for the purpose of perfecting the bill, and the motion was adopted.
The following bills of the Senate were read the third time and put upon their passage :
By Senator Pottle of the 1Oth District, Sims of the 35th Dis-

TUESDAY, FEBRUARY 28, 1933.

717

trict, Carithers of the 27th District, and Terrell of the 37th District-

Senate Bill No. 39. A bill to create a Judicial Commission to alter rules relating to legal practice and procedure.

The President left the Chair. Senator Fetzer of the 1st District presided.

The committee offered a substitute to Senate Bill No. 39. 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, being an amendment to the Constitution, the roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Andrews Boyd Cail Campbell Culpepper Dean Edmondson Goldin

Groover Howard of the 24th Howard of the 2nd Hutcheson Jackson Knox Lovett Mallett Moore

Morris of the 5th Oliver Rivers Robertson Sims Sisk Terrell Tuten

Those voting in the negative were Senators:

Boykin Carithers Cason Cloud Conner Dorminy

Fetzer Fudge Haralson Key Lewis Morris of the 39th

Nelson Paschall Pottle Sparks Turner Weaver

The President resumed the Chair.

The ayes were 26, nays 18. The roll call was verified.

As the bill by substitute failed to receive the requisite Constitutional majority, it was lost.

718

JOURNAL OF THE SENATE,

Not Voting: Senators Colson of the 4th District, Hogg of the 13th District, Lester of the 18th District, Tate of the 41st District, Baggett of the 51st District, and Hubbard of the 31st District.

By Senators Hutcheson of the 44th District, and Turner of the 7th District-
Senate Bill No. 44. A bill to amend Section 3416 of the Civil Code so as to exempt certain personal property from taxation, levy, sale, and for other purposes.
Senators Knox of the 3rd District, and Tuten of the 46th District, offered the following amendment :
To amend Senate Bill No. 44, by adding the following words after the words "purchase money" in line 5 of Section 1 "or where the same is used as collateral."
Senator Terrell of the 37th District, offered the following amendment :
To amend Senate Bill No. 44 by striking the words brood sows in line 10 of Section 1 and inserting the words "two hogs."
The amendment of Senators Knox and Tuten was adopted. The amendment of Senator Terrell 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, and nays 2.
The bill having received the requisite Constitutional majority was passed.
By unanimous consent Senate Bill No. 44 was ordered immediately transmitted to the House.
Senator Fetzer of the First District asked unanimous consent that House Bill No. 20 be taken up for passage in place of Senate Bill No. 46 of the same subject-matter,

TUESDAY, FEBRUARY 28, 1933.

719

and the consent was granted, and House Bill No. 20 was read the third time and put upon its passage:

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 20. A bill to authorize railroads to lease or sell property to other railroads.
The report of the committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority was passed.
Senator Fetzer of the 1st District moved that Senate Bill No. 46 be tabled, and the motion prevailed.
The following report of the Committee of Conference on House Bill No. 182, was read and adopted:

Mr. President:
Mr. Speaker:
Your conferees on the part of the House and the Senate to consider the differences between the House and the Senate on House Bill 182 the substitute and amendments, beg leave to report that we are unable to agree, and request the appointment of another Conference Committee.
This the 27th day of February, 1933.
w. H. LOVETT,
Of 16th District.
CARITHERS, Of 27th District.
J. T. COLSON,
Of 4th District.
On the part of the Senate.

720

jOURNAL OF THE SENATE,

On the part of the House.

DICKEY,
Of Gordon County.
ScoTT,
Of Thomas County. RoY V. HARRis, Of Richmond County.

Senator Carithers of the 27th District rose to a question of personal privilege and addressed the Senate.
Senator Lovett of the 16th District rose to a question of personal privilege and addressed the Senate.
Senator Colson of the 4th District rose to a question of personal privilege and addressed the Senate.
Senator Hutcheson of the 44th District rose to a question of personal privilege and requested the Secretary to read a newspaper publication.
The following bill of the Senate was read the third time and put upon its passage:

By Senator Knox of the 3rd District-
Senate Bill No. 66. A bill to regulate sales of real estate under power of sale, and for other purposes.
Senator Knox of the 3rd District asked unanimous consent that further action on the bill be postponed until tomorrow under the head of Unfinished Business, and the consent was granted.

By Senator Morris of the 39th District-
Senate Sill No. 68. A bill to amend the Act providing for disposition of funds awarded in condemnation proceedmgs.

TUESDAY, FEBRUARY 28, 1933.

721

The report of the committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 44, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Senator Sims of the 35th District, and Morris of the 5th District-.-
Senate Bill No. 70. A bill to encourage farm life, relieve unemployment, rehabilitate farms and people, 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 47 and nays 2.
The bill having received the requisite Constitutional majority was passed.
By unanimous consent Senate Bill No. 70 was ordered immediately transmitted to the House.

By Senator Lewis of the 20th District-
Senate Bill No. 84. A bill to amend an Act creating State Board of Examiners in Optometry, 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 and nays 0.
The bill having received the requisite Constitutional majority was passed.
By unanimous consent Senate Bill No. 84 was ordered immediately transmitted to the House.
Senate Bill No. 98, by Senator Key of the 28th District,

722

JoURNAL OF THE SENATE,

a. bill to amend the Act creating the Text Book Commis-
SIOn.
Senator Culpepper of the 36th District, asked unanimous consent that further action on the bill be postponed and that it be made a special and continuing order for tomorrow following action on Senate Bill No. 66, and the consent was granted.
The following bill of the Senate was read the third time and put upon its passage:

By Senator Terrell of the 37th District-

Senate Bill No. 99. A bill to reduce salaries of officials and employees of the State, and for other purposes.

The committee offered a substitute.

Senator Pottle of the 1Oth District moved to amend the substitute.

Senator Sisk of the 30th District moved to amend the substitute.

Senator Lester of the 18th District moved that the bill, the substitute and amendments be laid on the table. On this motion the ayes and nays were called for and the call was sustained and the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Andrews Cason Colson Culpepper Fetzer

Hogg Hubbard Key Lester Lewis

Morris of the 5th Paschall Sparks Turner

Those voting in the negative were Senators:

Alston Baggett Boyd Cail

Carithers Cloud Conner Dean

Dorminy Edmondson Fudge Groover

TUESDAY, FEBRUARY 28, 1933.

723

Haralson Howard of the 2nd Hutcheson Jackson Knox Mallett

Moore Morris of the 39th Nelson Oliver Pottle Rivers

Robertson Sims Sisk Terrell Tuten Weaver

The ayes were 14, nays 30, and the motion to table was lost. The roll call was verified.

Senator Jackson of the 21st District called the previous question on the bill, substitute and amendments. On this motion the ayes and nays were called for and the call was sustained and the roll was called, and the vote was as follows:

Those voting in the affirmative were Senators:

Baggett Boyd
Cail Carithers Cloud Colson Conner Dean Dorminy
Edmondson Fetzer Fudge

Goldin Groover Haralson Hogg
Howard of the 2nd Hutcheson Jackson Knox Moore Morris of the 39th Morris of the 5th Nelson

Oliver Paschall Rivers Robertson Sims Tate Terrell Turner Tuten Weaver

Those voting in the negative were Senators:

Alston
Andrews Cason Culpepper

Key Lester Lewis Pottle

Sisk Sparks

The ayes were 34, nays 10, and the call for the previous question prevailed.

The hour of adjournment as fixed by a motion adopted earlier in the session having arrived, the President announced that the Senate stood adjourned until 10:00 o'clock tomorrow morning, and Senate Bill No. 99 went over as unfinished business.

724

JoURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
WEDNESDAY, MARCH 1, 1933.
The Senate met pursuant to adjournment at 10 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 Weaver of the 25th District, Chairman of the Committee on Journal reported that he examined the Journal of yestreday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message from His Excellency, Governor Eugene Talmadge, was received and read by the Secretary:
STATE OF GEORGIA.
To the Members of the General Assembly of Georgia:
I wish to commend the members of the General Assembly for the efforts they have made on the $3.00 tag bill.
This bill has been pending before the Legislature for more than 40 days.
In the gubernatorial campaign last summer, I stated to the people that I would advocate a $3.00 flat rate on all tags for automobiles and trucks, and I did this for the reason that I consider that an automobile tag is for the purpose of identificaton only.
Several other states of the Union have a $3.00 tag for motor vehicles, including California, which has the second

WEDNESDAY, MARCH 1, 1933.

725

largest number of motor vehicles of any State, and more miles of pavement than any state in the Union.
The $3.00 flat rate would leave over three million dollars in the hands of the people of Georgia to be used in the channels of trade for the necessities of life.
The State of Georgia is now receiving Federal aid for the relief of the unemployed in the State of Georgia. This money goes to the people who are not taxpayers. My recommendation of the $3.00 tag was to help the taxpayers of the State.
The Senate has passed a bill cutting the price of automobile tags in half and lowering the price of lighter truck tags, but maintaining the price of the heavier trucks. This is on the idea of raising revenue for the maintenance of the Highway Department.
The House has passed a bill of $3.00 for tags on all automobiles up to 3,000 pounds in weight, and 50 cents additional for the heavier cars.
The House bill agrees with the Senate bill on the tags for trucks, and disagrees only on tags for passenger carrying autom9biles.
You will see from the above two bills that there are two schools of thought.
One agrees with the campaign pledges and the Democratic platform adopted at the Macon Convention-that the tag should be for the purpose of identification only. The other school of thought contends that the tag should be a measure for the raising of revenue.
The House amendment to the Senate substitute showed an effort to compromise these two positions.
I still think we should have and wish to recommend to the General Assembly that they pass the $3.00 flat rate for all motor vehicles. But if this cannot be done, and in view

726

JOURNAL OF THE SENATE,

of the fact that this measure has been before the Legislature for more than forty days and is now affecting other legislation vital to the people of Georgia, I wish to recommend to the members of the General Assembly and earnestly request that both Houses agree to the House amendment to the Senate substitute as a compromise measure to the campaign promises made to the people and the Democratic platform on this subject.

EuGENE TALMADGE,

March 1, 1933.

Governor.

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

By Senator Cloud of the 19th District-
Senate Bill No. 223. A bill to abolish the offices of Tax Receiver and Tax Collector of Taliaferro County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Sims of the 35th District-
Senate Bill No. 224. A bill to amend section 1000 of Penal Code of Georgia.
Referred to Committee on General Judiciary No. 1.

By Senator Cason of the 22nd DistrictSenate Bill No. 225. A bill to regulate settlement by
Tax Collector of Lamar County with the State, and for other purposes.
Referred to Committee on Counties and County Matters.
Mr. H. C. Carithers of the 27th District, Chairman of

WEDNESDAY, MARCH 1, 1933.

727

the Committee on State of the Republic, submitted the following report :

Mr. President:
Your Committee on State of the Republic have had under consideration, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 194, do pass.
Senate Bill No. 193, do pass.
Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2 submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following 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. 197, do pass.

Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills, Nos. 44, 68, 70, 84, and report the same back as being ready for transmission to the Hous'e.
Respectfully submitted,
H. E. ANDREWS,
Chairman.
Mr. Knox of the 3rd District, Chairman of the Committee on Privileges and Elections, submitted the following report:

728

jOURNAL OF THE SENATE,

Mr. President:
Your Committee on Privileges and Elections have had under consideration the following bill of the Senate, to-wit:
Senate Bill No. 72, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do not pass.
Mr. Cason of the 22nd District, Chairman of the Committee on Finance, submitted the following report:

Mr. President:
Your Committee on Finance have had under consideration the following bill of the House, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 51, do pass.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report :

Mr. President: Your Committee on Counties and County Matters have
had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 190. By Mr. Boyd of the 33rd, do pass.
House Bill No. 579. By Mr. Crawford of Union, do pass.
House Bill No. 636. By Messrs. Park, Gillen and Defore of Bibb, do pass.
House Bill No. 591. By Mr. Pope of Toombs, do pass.
House Bill No. 592. By Mr. Pope of Toombs, do pass.

'VEDNESDAY, MARCH 1, 1933.

729

House Bill No. 614. By Mr. Allen of Cobb, do pass.
House Bill No. 612. By Messrs. Cartledge, Lanier and Harris, do pass.
Mr. J. C. Lewis of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 1 have had under consideration the following bill and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 392, do pass as amended.
J. c. LEWIS,
Chairman.

Mr. Knox of the 3rd District, Chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. President:
Your Committee on Privileges and Elections have had under consideration a communication from Honorable
Harry L. Stimson, Secretary of State of the United States,
the same being addressed to the Chief Executive of Georgia, and being a certified copy of the proposal of Congress to repeal the Eighteenth Amendment to the Constitution of the United States. This proposal contemplates that said amendment shall be passed upon by the several states by constitutional conventions, and your committee instructs me, as chairman, to report on said communication by recommending that the General Assembly take appropriate action to provide for the holding of a constitutional convention in Georgia to pass upon said constitutional amendment.

730

JOURNAL OF THE SENATE,

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

1\11r. President:
The House has passed by the reqmsrte Constitutional majority the following Bills of the Senate, to-wit:

By Mr. Lewis of the 20th District-
Senate Bill No. 141. A bill to repeal an Act entitled "An Act to create the City Court of Sparta, to prescribe the powers and duties thereof, to provide for officers thereof, to provide for compensation of said officers, 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 of the House, to-wit:

By Mr. Rawlins of Ben Hill-
House Bill. No. 647. A bill to amend an Act to fix the salary and prescribe the duties of the Chairman of the Board of County Commissioners of Ben Hill County, and for other purposes.

By Mr. Jordan of Schley-
House Bill No. 648. A bill to amend Code Section 4906 of the Georgia Code of 1910, to provide for the amount of bond for the Sheriff of Schley County, Georgia, and for other purposes.

By Mr. Daughtry of WilkinsonHouse Bill No. 651. A bill to repeal an Act to establish

WEDNESDAY, MARCH 1, 1933.

731

the City Court of Irwinton in and for the. County of Wilkinson, and for other purposes.
By Mr. Trapnell of Candler-
House Bill No. 65 6. A bill to amend an Act to establish the City Court of Metter, in the County of Candler, and for other purposes.
By Mr. Martin of JacksonHouse Bill No. 658. A bill to amend an Act to incorpo-
rate the City of Commerce in the County of Jackson, 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 of the House, to-wit:
By Mr. Robison of Thomas-
House Bill No. 290. A bill to amend the Act for the protection of birds, fish, game and fur-bearing animals, and for other purposes.

By Messrs. Myrick and Kennedy of Chatham-
House Bill No. 48 6. A bill to repeal all existing laws and sections of the Code of 1910 relative to Pilotage and Pilotage Commissions, and for other purposes.
By Mr. Batchelor of Putnam-
House Bill No. 53 5. A bill to amend an Act to create and establish a new charter for the City of Eatonton, and for other purposes.

732

JoURNAL OF THE SENATE,

By Mr. Goolsby of Jasper-
House Bill No. 564. A bill to consolidate the office of Tax Collector and Tax Receiver; and to create the office of County Tax Commisisoner of Jasper County, Georgia, and for other purposes.

By Mr. Goolsby of Jasper-
House Bill No. 565. A bill to abolish the off!ce of County Treasurer of Jasper County, Georgia, and for other purposes.

By Mr. Crawford of Union-
House Bill No. 578. A bill providing for and requiring an annual audit of the finances of Union County; to require certain officers of the county to file financial statements; and for other purposes.

By Messrs. Parrymore of Bleckley and Lee of Pulaski-
House Bill No. 580. A bill to abolish the fee system now existing in Oconee Circuit; 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 of the House, to-wit:

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 609. A bill to amend an Act to combine the Board of Health of the City of Augusta with the Board of Health of Richmond County and said combined body to be known as the Richmond County Department of Health; and for other purposes.

WEDNESDAY, MARCH 1, 1933.

733

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 610. A bill to amend an Act entitled "An Act to regulate public instruction in the County of Richmond, so as to make a certain Act entitled 'An Act to create a Text-Book Commission for the State of Georgia, etc.,'" applicable to Richmond County, and for other purposes.

By Mr. Thrasher of Oconee-
House Bill No. 628. A bill to incorporate the Town of North High Shoals, in the County of Oconee and State of Georgia, and for other purposes.

By Mr. Sammon of Gwinnett-
House Resolution No. 131-634a. A resolution to relieve surety on bond of Sam Green, and for other purposes.

By Messrs. Stanton and Twitty of Ware-
House Bill No. 640. A bill to amend an Act to provide a new charter for the City of Waycross, and for other purposes.

By Mr. Rawlins of Telfair-
Hause Bill No. 646. A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Telfair County, Georgia, and for other purposes.
The following resolution of the Senate was read:
Senate Resolution No. 92.

By Senator Lester of the 18th District-
That Senate Bill No. 128 be made a special and continuing order of the day following unfinished business. The resolution was referred to the Committee on Rules.

734

JouRNAL OF THE SENATE,

The following privileged resolutions were read and adopted:

By Senator Carithers of the 27th District-
A resolution extending the privileges of the floor to Mrs. T. W. Oliver, wife of the distinguished Senator of the 48th district.

By Senator Hutcheson of the 44th District-
A resolution extending the privileges of the floor to Honorable E. H. Wyatt of Walker County.

By Senator Rivers of the 15th District-
A resolution extending the privileges of the floor to Honorable Hugh Peterson, former Senator of the 15th District.

By Senator Hubbard of the 31st District-
A resolution extending the privileges of the floor to Honorable F. E. Gables, Ordinary of Habersham County.

By Senator Goldin of the 38th District -
A resolution extending the privileges of the floor to Honorable Hal Hutchins, a former distinguished member of this body.
The President left the stand.
Senator Carithers of the 27th District presided.
The following Resolution of the House favorably reported by the Committee, was read the second time:

By Mr. Mixon of Irwin-
House Resolution No. 102-503b. A resolution that the State Librarian furnish certain law books to the Justices of the Peace of Irwin County.

vVEDNEsDAY, MARcH 1, 1933.

735

The following bills of the House, favorably reported by Committees, were read the second time:

By Messrs. Franklin and Ashley of Lowndes:
House Bill No. 51. 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 so as to authorize the General Assembly to classify property for taxation, and for other purposes.

By Mr. Kennedy of Chatham-
House Bill No. 392. A bill to amend an Act fixing salaries of Clerk and associate Judges of Municipal Court of Savannah, and for other purposes.

By Mr. Pope of Toombs-
House Bill No. 591. A bill to repeal an Act entitled "An Act to create a. Board of Commissioners of Roads and Revenues in and for the County of Toombs; to provide for their election, and for other purposes."
By Messrs. Park, Gillen and Defore of Bibb:
House Bill No. 63 6. A bill to authorize and empower the Board of Commissioners of Roads and Revenues, or other fiscal agent in counties of a certain population to fix the compensation of special criminal bailiffs of the Solicitors-General and Solicitors of the City Court in such counties, and for other purposes.
By Mr. Crawford of Union:
House Bill No. 579. A bill to reduce the penalty of the official bond of the Sheriff of Union County, Georgia, and for other purposes.
By Mr. Pope of Toombs-
Hause Bill No. 592. A bill to create the office of Com-

736

}OURNAL OF THE SENATE,

mtsswner of Roads and Revenues in and for the County of Toombs, and for other purposes.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 612. A bill to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Richmond, and also to amend an Act relating to public instruction in said County, and for other purposes.

By Mr. Allen of Cobb-
House Bill No. 614. A bill to provide that in counties of this State having a certain population, certain county officers shall be named and their salaries fixed by the Commissioner of Roads and Revenues, and for other purposes.
The following Bills of the Senate, favorably reported by Committees, were read the second time:

By Senator Boyd of the 33rd District-
Senate Bill No. 190. A bill to amend an Act approved August 17, 1912, by requiring itemized statements of the fees of county officers to be filed quarterly in the office of the Clerk of the Superior Court, to be available for examination by the grand jury, and for other purposes.

By Senator Cail of the 17th District:
Senate Bill No. 193. A bill to amend an Act to revise the Health Laws of the State of Georgia and for other purposes, approved August 17, 1914; to provide for the number, appointment, compensation and powers of County Board of Health in counties of this State having a population of from 26,550 to 26,750; to provide for appropriations for sanitation, quarantine and health purposes and to provide for the appointment of a Commissioner of Health,

\VEDNESDAY, MARCH 1, 1933.

737

his assistants, their compensation, qualifications, terms of office in such counties; and for other purposes.

By Senator Knox of the 3rd District-
Senate Bill No. 194. A bill to amend by substitution an Act approved September 28, and amendatory Act approved August 29, 1929, and to consolidate the Acts relating to and providing for the compensation of certain public officers of this State for whom no compensation is now provided, and for other purposes.

By Senator Sims of the 35th District-
Senate Bill No. 197. A bill to regulate the sale of wheat flour; to prohibit the sale of such flour containing more than one-half of one per centum as unless marked "Low Quality Flour;" to provide for the enforcement of this Act; to provide penalties for violations of this Act; to provide the effective date of this Act, and for other purposes.
The followings Bills of the Senate were read the third time and put upon their passage:

By Senators Sims of the 35th District and Campbell of the 34th District:
Senate Bill No. 113. A bill to provide a sewer district for Atlanta.
The Committee offered the following Substitute:

A BILL

An Act creating The Atlanta Sewer District, describing its boundaries, providing officers for same, giving them power to exercise the right of eminent domain, provide for the collection of a sewer service fee, for payment of same; for the expenses of said District and the officers thereof, and the construction and maintenance of sewers

738

JoURNAL OF THE SENATE,

and sewage disposal plants, and giving said officers or trustees power generally to pass rules and regulations especially with reference to connection with sewers, and with reference to the service charge and the collection of same; to create said District as a political division of the State; to grant to the officers or trustees of said District authority to issue "Revenue Bonds," defining same, payable only from the income of the districts arising from service charges and not a liability on the District or the property therein; prescribing form, interest, sinking fund, re-payment, and for resolutions governing same, and similar provisions, and for other purposes:
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows:
Section 1. A political division is hereby created, to be called The Atlanta Sewer District, and including all the territory within the boundaries described as follows:
(a) Beginning on the east bank of the Chattahoochee River, north of the mouth of Peachtree Creek, at a point where the north line of land lot 231 of the 17th district of originally Henry, now Fulton County, intersects the river bank, and running thence east along the north line of land lot 231 to its intersection with a line parallel with and two hundred ( 200) feet west of the center of Ridgewood or Mt. Perian Road; thence running in a generally northeasterly direction parallel with and two hundred ( 200) feet northwesterly from the center of Ridgewood Road to a line parallel with and two hundred ( 200) feet north of the center of Paces Ferry Road; thence east along a line parallel with and two hundred ( 200) feet north of the center of Paces Ferry Road to a line parallel with and two hundred feet west of the center M t. Perian Road; thence northerly and northeasterly along a line parallel with and two hundred ( 200) feet westerly and northwesterly from the center of Mt. Perian Road to a line parallel with and two hundred

"VEDNESDAY, MARCH 1, 1933.

739

feet west of the center of Roswell Road; thence in a northeasterly direction parallel with and two hundred ( 200) feet northwesterly from the center of Roswell Road to a line parallel with and two hundred ( 200) feet northwesterly from the center of Chamblee Road at its intersection with Roswell Road; thence northeasterly parallel with and two hundred ( 200) feet northwesterly from the center of Chamblee Road to the extension of a line parallel with and two hundred ( 200) feet northerly from the center of the southeasterly fork of Johnson Ferry Road at its intersection with Chamblee Road; thence in a general southeasterly direction parallel with and two hundred ( 200) feet northeasterly from the center of Johnson Ferry Road to the county line between Fulton and DeKalb counties. (All land lot lines and numbers referred to being in the 17th District of originally Henry, now Fulton County, Georgia.)
(b) Thence southeasterly parallel with and two hundred ( 200) feet northeasterly from the center of Johnson Ferry Road to the intersection with a line parallel with and two hundred ( 200) feet north of the north line of land lot 278; thence east along a line parallel with and two hundred ( 200) feet north of the north line of land lots 278 and 279 to the extension of a line parallel with and two hundred ( 200) feet east of the center of Clairmont Road; thence south along a line parallel with and two hundred ( 200) feet east of the center of Clairmont Road to a line parallel with and two hundred ( 200) feet north of the center of Emory-Tucker Road; thence parallel with and two hundred ( 200) feet north of the center of Emory-Tucker Road to the intersection of a line parallel with and two hundred ( 200) feet northwesterly from the center of Shallowford Road; thence northeasterly parallel with and two hundred ( 200) feet northwesterly from the center of ShallowfordEmory-Tucker Road to where it intersects the east line of land lot 209; thence south along the east line of land lots
209, 190, 164, 145, 117, 98, 65, 46 and 10 to the district
line between the 18th and 15th Districts. (All land lot

740

jOURNAL OF THE SENATE,

lines and numbers referred to being in the 18th District of originally Henry, now DeKalb County, Georgia.)
(c) Thence west along the district line between the 18th and 15th Districts to the northeast corner of land lot 250; thence south along the east line of land lot 250 to a line parallel with and two hundred ( 200) feet north of the center of Memorial Highway; thence east parallel with and two hundred ( 200) feet north of the center of Memorial Highway to the extension of a line two hundred ( 200) feet east of the center of Midway Road; thence south parallel with and two hundred ( 200) feet east of the center of Midway Road (north and south) to the intersection of the extension of a line parallel with and two hundred ( 200) feet south of the center of Midway Road (east and west) ; thence west parallel with and two hundred ( 200) feet south of the center of Midway Road (east and west) to the east line of land lot 200; thence south along the east line of land lots 200, 185, 168 and 153 to the southeast corner of land lot 153; thence west along the south line of land lots 153, 152 and 151 to its intersection with a line parallel with and two hundred ( 200) feet southeasterly from the center of White's Mill Road; thence southwesterly along a line parallel with and two hundred ( 200) feet southeasterly from the center of White's Mill Road to its intersection with the south line of land lot 118; thence west along the south line of land lots 118, 117 and 116 to the southwest corner of land lot 116; thence south along the east line of land lots 110 and 83 to a line parallel with and two hundred ( 200) feet easterly from the center of East McDonough Road; thence south along a line parallel with and two hundred ( 200) feet easterly from the center of East McDonough Road, and a continuation of East McDonough Road, to a line parallel with and two hundred ( 200) feet south of the south bank of South River; thence westerly along a line parallel with and two hundred ( 200) feet south of the south bank of South River and its southern-
most lagoons to the county line between DeKalb and Ful-

WEDNESDAY, MARCH 1, 1933.

741

ton Counties. (All land lot lines and numbers referred to being in the 15th District of originally Henry, now DeKalb County, Georgia.)
(d) Thence continuing in a westerly direction along a line parallel with and two hundred ( 200) feet southerly from the south bank of South River and its southernmost lagoons to the northwesterly line of the right-of-way of the Southern Railway; thence southwesterly along the northwesterly line of the right-of-way of the Southern Railway to the east line of land lot 66 ; thence south along the east
line of land lots 66 and 65 to the county line between Ful-
ton and Clayton Counties. (All land lot lines and numbers referred to being in the 14th District of originally Henry, now Fulton County, Georgia.)
(e) Thence east along the county line between Fulton and Clayton Counties to the east line of land lot 12; thence south along the east line of land lots 12 and 21 to a point two hundred ( 200) feet south of the southeast corner of land lot 12 thence west along a line parallel with and two hundred ( 200) feet south of the center of Mountain View Road to a line two hundred ( 200) feet east of the center of Barnesville Road; thence southerly along a line parallel with and two hundred ( 200) feet easterly from the center of Barnesville Road to the south line of land lot 23; thence east along the south line of land lots 23, 24 and 25 to the southwest corner of land lot 25; thence north along the west line of land lots 25 and 8 to the county line between Clayton and Fulton Counties. (All land lot lines and numbers referred to being in the 13th District of originally Henry, now Clayton County, Georgia.)
(f) Thence north and continuing along the City Limit line of College Park and East Point to a point on the City Limit line of East Point two hundred ( 200) feet south of the north line of land lot 163; thence west and northwesterly along a line parallel with and two hundred ( 200) feet south and southwesterly from the center of Childress

742

JouRNAL OF THE SENATE,

Drive to a line parallel with and two hundred ( 200) feet north of Cascade Road; thence east parallel with and two hundred ( 200) feet north of the center of Cascade Road to a line parallel with and two hundred ( 200) feet west of the center of Sewell Road or Hemphill Road; thence northerly parallel with and two hundred ( 200) feet west of the center of Sewell or Hemphill Road to the south line of the right-of-way of the A. B. & C. Railroad; thence easterly along the south line of the right-of-way of the A. B. & C. Railroad to a line parallel with and two hundred ( 200) feet west of the center of Hightower Road; thence northerly parallel with and two hundred ( 200) feet westerly from the center of Hightower Road to a line parallel with and two hundred ( 200) feet southerly from the center of Bankhead Highway; thence northwesterly parallel with and two hundred ( 200) feet southwesterly from the center of Bankhead Highway to the district line between the 14th and 17th Districts. (All land lot lines and numbers referred to being in the 14th District of originally Henry, now Fulton County, Georgia.)
(g) Thence continuing northwesterly along a line parallel with and two hundred ( 200) feet southwesterly from the center of Bankhead Highway to the district line between the 17th District of originally Henry, now Fulton County, and the 14th District of originally Fayette, now Fulton County, Georgia. (All land lot lines referred to being in the 17th District of originally Henry, now Fulton County, Georgia.)

(h) Thence continuing northwesterly along a line parallel with and two hundred ( 200) feet southwesterly from the center of Bankhead Highway to the easterly bank of the Chattahoochee River; thence northeasterly along the easterly bank of the Chattahoochee River to its intersection with the district line between the 14th District of originally Fayette, now Fulton County, and the 17th District of originally Henry, now Fulton County. (All land lot lines and

WEDNESDAY, MARCH 1, 1933.

743

numbers referred to being in the 14th District of originally Fayette, now Fulton County, Georgia.)
( i) Thence continuing northeasterly along the easterly bank of the Chattahoochee River to its intersection with the north line of land lot 231 and being the point of beginning. (All land lot lines and numbers referred to being in the 17th District of originally Henry, now Fulton County, Georgia.)
Section 2. (a) The Atlanta Sewer District shall be governed by a Board of Eight ( 8) Trustees, each of whom shall live in the District and be a registered voter. Two ( 2) of said Trustees shall be elected by the Grand Jury of DeKalb County and two ( 2) Trustees by the Grand Jury of Fulton County, and shall include, ex-officio, the Chairman of the Board of Commissioners of Roads and Revenues of Fulton County and the Commissioner of Roads and Revenues of DeKalb County, the Mayor of the City of Atlanta, and the Chairman of the Sewer Committee thereof. The two Trustees, elected by the Grand Juries, as above provided, shall serve for a term of four (4) years from date of election. Any vacancy occurring among them shall be filled by the election of a new Trustee by the succeeding Grand Jury wherein the vacancy occurred.
(b) The Board shall elect from its membership a President and a Vice-President, who shall hold such offices until they resign or the offices are otherwise vacated. The duties of such positions are those ordinarily performed by such' officers.
(c) The Board shall hold at least one set meeting per month, and such others as the President may call, upon request of two other members, four members present shall constitute a quorum. Members must be given notice by mail at least two days before any called meeting. In case of emergency, the President may call a meeting without previous notice at which meeting no business may be transacted

744

jOURNAL OF THE SENATE,

except that relating directly to the emergency. At other called meetings, any matter brought before the Board may be acted upon.
(d) In addition to the President and Vice-President the Board shall elect an Engineer-Secretary who shall not be a Trustee, but who shall represent the Board except when it is in session and who shall have no authority of his own to bind the Board.

Section 3. The Board of said Sewer District is empowered to:
(a) Pass suitable by-laws and regulations.
(a-a) It is hereby made mandatory upon the Board, provided for under this Act, to assess and collect "a ready to serve charge," or "a service fee," against property in any way served by the sewer system under the control of said Board, for connecting with or in any way having the use or benefit of any sewers, plants, etc., which fee or service charge shall be fixed by said Board, not exceeding twenty ( 20c) cents per month for each fixture, carrying refuse or discharging excrement, or anything of that sort, into the sewers controlled by the Board. The sum so collected shall be used for the expense of constructing, operating and maintaining the sewers, plants and other necessary equipment used or owned or under the control of said Board, the payment of salaries, office and other necessary expenses, interest and sinking fund that may be due for the revenue bonds provided for by this Act, and any other indebtedness.
(b) Call upon the engineer, or other officers, of either Fulton or DeKalb Counties, or of any municipality located within said District, to aid in carrying into effect the purposes of this Act, or to employ, in addition to such aid, such sanitary experts, surveyors, counsel and other persons as may be necessary to advise them, to carry into effect the full scope and purposes of this Act.

WEDNESDAY, MARCH 1, 1933.

745

(c) Acquire and own real and personal property and rights of way in the name of said District, necessary or convenient for the construction and maintenance of sewers, sewerage systems, disposal plants, and any other treatment which may be helpful for the complete sanitation of said Sewer District, and likewise to construct and maintain sewers, sewage disposal or treatment plants, or any form of treatment of sewage which may be adopted by them, for the sanitation of said District and elimination of nuisances from the presence of sewers or sewage therein.
(d) Said sewers, sewerage systems, disposal plants, treatment plants, or any other plants or construction desired or deemed necessary by them in the conduct of the business or carrying into effect the purposes and provisions of this Act may be secured and held either within or outside the limits of the District.
(e) Said District is hereby created a political division of the State of Georgia, and is given authority to issue bonds, hereinafter provided for, for the purpose of raising money by which sewers may be constructed, sewage disposal plants may be built, maintained, sewerage systems established, rights of way and easements acquired, and any other necessary or advisable treatment secured whereby the sewage arising within said District may be treated and discharged in such manner as not to be a nuisance, and any and all other power and authority necessary to secure the complete sanitation of said District.
(f) Charge and collect a sewer service fee for connection to or the use of any sewers, plants, etc., which fee shall be fixed for the next and succeeding year, at the first meeting of the Board.
(g) The Board shall each year cause an estimate to be made of the amount to be received during such year from all sources of income, and, also, make an estimate of the amount to be expended during the same year, and in no

746

jOURNAL OF THE SENATE,

event shall they undertake to spend more than the amount estimated to be received. Said estimate of expenditures shall be based upon the investigation which fairly sets out the possibility of the sum estimated to be received during said year. If said Board makes bills in excess of, said estimated receipts, they shall individually be liable for same, and shall likewise be subject to removal from office on account of a violation of this provision.
(h) The Board shall have full charge of the business, affairs, empolyees, property, plans, maps, and any and all other things connected with the affairs, business and work of said Sewer District, under the authority of this Act.
( i) In all this work said Board shall have the benefit of the advice and recommendations of the Chief of Construction of the City of Atlanta and the engineers of other municipalities affected.
( j) Negotiate temporary loans for the conduct of the work of the District on such terms as may seem best to the Board, especially to negotiate with the Reconstruction Finance Corporation, United States of America, for loan or loans, the proceeds of which to be used for the construction of sewers, disposal plants, and other necessary erections, for the use of or connected with sewage disposal in said District, and to give such papers, execute such bonds, such contracts as may be required by said Corporation, in order to secure said loan.
(k) The Board in the name of and acting for the Atlanta Sewer District, shall have the authority to condemn a right-of-way or easement through any private property in order to secure same for a sewer or for a system of sewerage or for a disposal plant or treatment plant, or any other system or plant needed for the sanitation of said District. The necessity therefor is to be adjudged by said Board, and their decision shall be judicial.
(I) The Board, by agreement with any city or county

WEDNESDAY, MARCH 1, 1933.

747

or any other public agency, may take possession of or acquire by condemnation, or in any other manner allowed by law; any sewers or sewerage systems, or sewage disposal or treatment plant, or similar methods of rendering sewage innocuous, which it may deem necessary or convenient to carry out the objects and purposes of this Act, or may acquire, in the same manner, the right to use any of said construction, or to combine therewith, or do any other act necesary to secure and carry out the purposes of this Act, giving them full discretion thereon.
( m) Require a reasonable pre-treatment of industrial waste which would be injurious to the sewers or plants, and in case of failure of proper pre-treatment by property owner, agent or tenant, to have such work done and assessed to property on which injurious waste originates.
(n) The Board of said District are especially empowered to elect the President, Vice-President and EngineerSecretary with the usual powers granted to such officials and such other powers as may be particularly granted them by ordinance or rules of said Board.
( o) Said District is authorized to make and use a corporate seal of a design to be approved by the Board.
Section 4. The Board shall have necessary inspections of the District made to see that sanitary conditions are kept good and shall have any bad condition remedied as promptly as possible and wherever necessary the Board shall construct, at the expense of the District, such treatment plants, works, outfall and trunk sewers as may be nesessary, and shall operate and maintain all of them. Inspections shall be made by men appointed by the Board, who shall have the same authority as Police Officers.

Section 5. Said District is hereby authorized, in its discretion, in addition to the other powers herein conferred, to issue what are known as "Revenue Bonds" in such amount

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as may be necessary to pay the costs and carry out the other purposes of this Act, which bonds shall be signed by the President and Engineer-Secretary of the Board.
Funds for the payment of the entire cost of the work provided under this Act may therefore be provided by the issuance of revenue bonds of said District, the principal and interest of which revenue bonds shall be payable solely from the special fund herein provided for such payments, and said revenue bonds shall not, in any respect, be corporate indebtedness of such District within the meaning of constitutional limitations thereon. All the details of such revenue bonds shall be determined by resolution or resolutions of said District.

Section 6. Said Revenue Bonds, if issued as herein provided, shall bear interest at a rate not more than six per cent per annum, payable annually or at shorter intervals, and shall mature at such time or times as may be determined by resolutions of the Board of Trustees of said District. They may be redeemed or matured at the option of the Trustees of said District, at not more than the par value thereof and at a premium of not more than five per cent, under such conditions as may be fixed by the resolution authorizing the issuance of such revenue bonds. The principal and interest of said revenue bonds may be made payable in any lawful medium. The resolution for same shall determine the form of the revenue bonds, including the interest coupons to be attached thereto and shall fix the denomination or denominations of such revenue bonds, the place or places of payment of the principal and interest, at any Bank or Trust Company within the State. Said revenue bonds shall contain a statement on their face that said District shall not be obligated to pay the same or the interest thereon except from the special fund provided from the net proceeds of the works constructed thereunder and service charges provided for the use of sewers within said District. All of said revenue bonds shall be and have all the qualities

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749

as obtain under the negotiable law of this state. Said revenue bonds shall be exempt from all taxation, state, county and municipal.
Provision may be made for registration of same in the name of the owner as to principal alone.
Said bonds shall be sold by the Trustees in such manner as may be determined for the best interests of the District, but not at a price so low as to require the District to pay more than six per cent of the amount received therefor, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values. Any surplus of bond proceeds over and above the cost of the works shall be paid into the sinking fund hereinafter provided. If the proceeds of the bonds, by an error of calculation or otherwise, shall be less than the cost of the works, additional bonds may in like manner be issued to provide the amount of such deficit, and unless otherwise provided in said resolutions authorizing the issuance of the bonds first issued, they shall be deemed of the same issue and shall be entitled to payment without preference or priority of the bonds first issued.

Section 7. Said District may provide by resolution that additional bonds may thereafter be authorized and issued, at one time or from time to time, under such limitations and restrictions as may be set out in said resolution for the purpose of extending, improving or bettering the works when deemed necessary in the public interest, such additional bonds to be secured and to be payable from the revenues of the works equally with all other bonds issued pursuant to said resolution, without preference or distinction between any bond or any other bond by reason of priority of issuance or otherwise.
All money received from any bonds issued pursuant to the provisions of this Act providing for revenue bonds, after reimbursement and repayment to said District of all

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amounts advanced for preliminary expenses; shall be applied solely to the payment of the cost of the works, extensions, improvements or betterments or to the appurtenant sinking fund, and there shall be and there is hereby created and granted a lien on said moneys, until so applied, in favor of the holders of the bonds.
Section 8. At or before the issuance of said bonds, the T-rustees of said District shall by resolution create a sinking fund for the payment of the bonds and the interest thereon, and the payment of the charges of banks for making payment of such bonds or interest, and shall set aside and pledge a sufficient amount of the net revenues of the works, hereby defined to mean the revenues of the works remaining after the payment of the reasonable expense of operation, repair and maintenance, such amounts to be paid . by said Board into a fund at intervals, to be determined by resolution prior to the issuance of the bonds; (a) the interest upon such bonds as such interest shall fall due, and (b) necessary fiscal agency charges, and (c) the payment of the bonds as they fall due or if all fall due at one time, the proper maintenance of a sinking fund sufficient for the payment thereof at such time; and (d) a margin for safety and for the payment of premiums of bonds retired by call or purchase as herein provided, which margin, together with any unused surplus of such margin carried forward from the preceding year, shall equal ten per cent of all amounts so required to be paid into the sinking fund; such required payments shall constitute a first charge upon all the net revenues of the works. Prior to the issuance of the bonds, the Board may, by resolution, authorize the Trustees of the sinking fund to use such sinking fund or any part thereof in the purchase of any of the outstanding bonds payable therefrom at the market price thereof, and not exceeding the price, if any, at which the same shall in the same year be payable or redeemable, and all bonds redeemed or purchased shall forthwith be cancelled and shall not again be issued. After the payments into the sink-

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751

ing fund, as herein required, the Trustees of said District may, at any time in their discretion, transfer all or any part of the balance of the net revenues. After reserving an amount deemed by said Board sufficient for operation, repair and maintenance for an ensuing period of not less than twelve months and for depreciation into the sinking fund or into a fund for extensions, betterments and additions to the works.
Section 9. The works covered by this portion of this Act mean the construction and maintenance of sewers, trunk and lateral, and sewage disposal plants, and the purchase and condemnation of land, plants, easements or any interest in land necessary for the construction and maintenance of sewers and sewer disposal plants and appurtenances thereof, and the income from the operation of said works means that which is derived from service charges, meaning a charge against each person (whose house is served by a sewer) of a sewer charge thereon, which in some part bears a relation to the cost of service. This service charge to be fixed by the Trustees of said District and it constitutes the revenues from which these bonds are to be paid.

Section 10. The Board shall select one or more of the National Banks located within said District as depository of funds received by it from the sale of bonds, taxes, or otherwise, which shall be deposited in said selected depository in the name of the Atlanta Sewer District and no funds shall be withdrawn from said depository except on check signed by the President and Engineer-Secretary of said Board, and said check shall show not only the name of the payee but the purpose of the payment and to what account it goes.
If for any reason said officials cannot act, then said Board shall, by resolution, designate other officials to act for them pro-tempore.

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Section 11. All work undertaken by the Board in any municipality shall be done in co-operation with the Engineer of such municipality in order that there may be uniformity throughout the entire construction.
Section 12. Said Board shall have authority to provide rules and regulations governing the purchase of materials, the employment of labor and any other matters connected with carrying into effect the purposes of this Act, and securing the sanitation of said District and relieving same from nuisances of open sewers or offensive sewage.
Section 13. Said Board shall have authority to permit any person owning property in said District to connect any improvement on his property with the sewers constructed by virtue of this Act, provided said person shall pay to the credit of the Atlanta Sewer District a sum of money proportionate to the cost of construction. This may apply to lateral and trunk lines in the discretion of said Board.
Section 14. Every city, county or political division within said District is hereby authorized to enter into an agreement or agreements with said District for the use of, or entire possession and operation by the District of any sewers or sewerage systems, or sewage disposal or treatment plant or similar construction owned by said city or county or governmental agency.
Section 15. The entire question of Sewerage and Sewage Disposal for the area designated in this Act is turned over to the Board of the Atlanta Sewer District and it is charged with the duty of constructing new sewers and sewage disposal plants where needed and with the duty of seeing that the old sewers and plants are properly maintained and operated.

Section 16. The meaning of the following words used in the foregoing Act shall be:
Fixture-A plumbing convenience or necessity discharg-

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753

ing into a sewer or drain, as a sink, wash basin, bath tub, water closet, floor drain, etc.
Service-Each business division of a building, store, dwelling, apartment in a building, or other premises connected to the sewer, whether the connection be in the structure itself or by the use of a connection in common, shall be service.
Sewer-A sewer is a conduit for carrying off sewage and shall include relief sewers where present combination sewers are inadequate.
A lateral sewer is a sewer which is designed to receive the sewage from one or more house connections.
A branch sewer is a sewer into which the sewage from two or more lateral sewers is discharged. A trunk sewer is a sewer into which the sewage from two or more branch sewers is discharged.
Section 17. The foregoing provisions are designed to give to the Board of the Atlanta Sewer District full power and authority to secure the sanitation thereof, insofar as same is effected by sewers or disposal plants or like construction. But, if the language used is not ample enough, it is hereby further enacted that it is the purpose and intention of this Act to give ample power to this said District to effectuate the purposes of this Act, and supply any
OmiSSIOnS.
Section 18. The salary of a member of the Board of Trustees is hereby fixed at the sum of Twenty-five Dollars ( $2 5.00) per month, same to be paid from apportionment to expense made therefor annually in the budget set up by the Board.
Section 19. If any clause, sentence, paragraph, section or part of this Act shall for any reason be adjudged or

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decreed to be invalid by any court of competent jurisdiction, such judgment or decree shall not effect, impair or invalidate the remainder of this Act, but shall be confined in operation to the part directly involved in the controversy in which the judgment or decree shall have been rendered.

Section 20. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill by substitute, the ayes were 44, nays 0.
The bill, by substitute, having received the requisite Constitutional majority, was passed.

By Senator Morris of the 39th District-
Senate Bill No. 208. A bill to amend the charter of the Town of Canton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By unanimous consent Senate Bill No. 208 was ordered immediately transmitted to the House.
The following bills of the House were read the third time and put upon their passage:

By Troup Delegation-
House Bill No. 481. A bill to amend the Act to create a new charter for the City of LaGrange.

'WEDNESDAY, MARCH 1, 1933.

755

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Patten of Tift-
House Bill No. 581. A bill to amend the Act to create the new charter for the City of Tifton.
The committee offered a substitute which was adopted.

A BILL
To be entitled an Act to repeal the present charter of the City of Tifton; to provide a new charter for the City of Tifton; to define its limits; to provide for a Mayor and Council form of government, and other offices for the City of Tifton; to prescribe their powers and duties, and the manner of their election; to provide for streets and sidewalks, and the working or paving of same; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a Board of Health; to declare and define police powers of said city; to provide for the condemnation of private, public and semi-public property for the use of said city, and to define a method of arriving at the value of such property and compensating the owner therefor; to authorize the City of Tifton to establish a public school system, a system of waterworks, and a system of electric lights, under such restrictions as are provided by State law, whenever in the judgment of the Mayor and Council of said city such course may be deemed advisable, and to provide for the issuing of bonds for any and all these purposes under such restrictions as are provided by State law; to provide for taxation and the granting of licenses to all kinds of business, trade, callings or professions, and to grant

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a charter to said city under the corporate name of the City of Tifton, and for other purposes.
Section 1. Be it enacted by the General Assembly of Georgia, and it is enacted by the authority of the same, that from and after the passage of this Act, an Act entitled an Act to Tifton, New Charter for City of, approved Aug. 14, 1920, and all Acts amendatory thereof be, and the same are, hereby consolidated into and superseded by this Act, and all provisions of former Acts, inconsistent with or at variance with this Act or any provision hereof are hereby expressly repealed, and all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed.
Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the City of Tifton, in the County of Tift, is hereby incorporated. Its corporate limits shall embrace and include all the territory within the following described boundaries: Beginning at the center of the railroad crossing of the Georgia, Southern & Florida Railroad and the Atlantic Coast Line Railroad, in said city, and running south threequarters ( ;Y4) of a mile, thence due east three-quarters
( ;Y4) of a mile, then due north one and one-half ( 10 ) of a mile, thence due west one and one-half ( 10 ) of a mile, thence due south one and one-half ( 10 ) of a mile, thence
due east three-quarters ( :}4 ) of a mile to the point on the south side of said city, three-quarters ( ;Y4) of a mile due south from the beginning point, or at the crossing of the Georgia, Southern & Florida Railroad and the Atlantic Coast Line Railroad. The said defined territory is incorporated under the name and style of the "City of Tifton," and the City of Tifton is hereby chartered and given all the privileges and benefits conferred on cities by the Constitution and laws of Georgia, arid by same is established and may have perpetual succession, and hereby invested with all the rights, powers and privileges incident to municipal cor-

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757

porations in this State, or in cities thereof, and all rights, powers, privileges, titles, property, easements or hereditaments now belonging or in anywise appertaining to the City of Tifton, or to Board of Commissioners of the City of Tifton, as heretofore incorporated, shall be, and are, hereby vested in the City of Tifton as created by this Act and the City of Tifton, in Tift County, Georgia, created, established and declared by this Act, may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its Mayor and Councilmen hereafter provided for, such ordinances, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said city as said Mayor and Councilmen may deem best and not inconsistent with the laws of Georgia, and of the United States, and the City of Tifton shall be capable in law to purchase, hold, receive, possess and retain in perpetuity lands, tenements or hereditaments of any kind whatsoever, within and without the corporate limits of said city for corporate purposes, and to sell, alien and convey, exchange or lease the same, or any part thereof.
Section 3. Be it further enacted, that the municipal government of the City of Tifton shall consist of a Mayor and four Councilmen, and that said Councilmen shall be elected, one from Ward No. 1, as hereinafter set out and defined; one from Ward No. 2, as hereinafter set out and defined; one from Ward No. 3, as hereinafter set out and defined, and one elected from the city at large. And that the Mayor shall be elected from the city at large. The said City of Tifton be divided into three wards, as herein specified, to-wit: Ward No. 1 shall include and comprise all the territory in said city limits west of Love Avenue, and north of the Atlantic Coast Line Railroad in said city. \Vard No. 2 shall include and be comprised of all the territory in said city east of Love Avenue, to where said Love Avenue crosses the Atlantic Coast Line Railroad in said city, thence

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running said Atlantic Coast Line Railroad west to where same crosses the Georgia Southern & Florida Railroad, thence running said Georgia, Southern & Florida Railroad south to the city limits, and including the territory east of said railroad. \Vard No. 3 shall include and be comprised of all the territory in said city west of the Georgia, Southern & Florida Railroad, and south of the Atlantic Coast Line Railway in said city. And that there shall be a Board of Trustees for the schools of the City of Tifton, consisting of four, and that one member of the Board of Trustees shall be elected from Ward No. 1, one member shall be elected from Ward No.2, and one member shall be elected from \Vard No.3, and one member elected from the city at large. And said four members of said Board of Trustees, together with the Mayor of the City of Tifton, shall constitute the Board of Education of the City of Tifton, and that the Mayor shall be chairman of said board. And that for the purpose of electing a Mayor and four Councilmen and four members of the Board of Trustees of the city schools of the City of Tifton, there shall be called an election by the City Commissioners of Tifton within ten days from the ratification of this Act, at which election a Mayor shall be elected by the voters from the city at large, and one Councilman shall be elected by the voters from the city at large, and one member of the Board of Trustees for the city schools of the City of Tifton shall be elected by the voters of the city at large, and one Councilman and one member of the Board of Trustees for the city schools for the City of Tifton shall be elected from each of the several wards by voters of such ward. And that Councilmen and members of the Board of Trustees of the city schools of the City of Tifton, from Wards No. 1 and 2 shall hold office until Jan. 1, 1935, and that the Mayor and Councilmen and members of the Board of Trustees of the city schools of the City of Tifton, from Ward No.3, and from the city at large shall hold office until Jan. 1, 1936. And that on the first Wednesday in December, 1934, an election shall be

WEDNESDAY, MARCH 1, 1"933.

759

held for the election of two Councilmen and two members of the Board of Trustees of the city schools of the City of Tifton, and from Wards No. 1 and 2, who shall be elected for a term of two years each. And that on the first Wednesday in December, 1935, there shall be held an election in said city at which time there shall be elected a Mayor and two Councilmen and two members of the Board of Trustees of the city schools, one being elected from Ward No. 3, and one from the city at large, for a term of two years each, and that there shall be held an election on the first \Vednesday in December each year thereafter for the purpose of electing officers to take the place of such officers whose term of office will expire January 1st. thereafter. In all of said elections the polls shall open at such place or places as the l\1ayor and Councilmen shall determine at least three days notice being given of the place or places of holding such election, and that the polls shall open at 8 o'clock A. l\1., Standard Time, and close at 3 o'clock P. M., Standard Time. Saio election shall be under the management and control of the Justice of the Peace and two freeholders resident of said city, or of three freeholders resident of said city, which said Justice of the Peace and freeholders shall be selected by the Mayor and Councilmen of said city then in office. The managers of said election shall appoint two clerks and shall, together with said clerks, receive such compensation as may be agreed upon by said Mayor and Council, not exceeding three dollars per day each. Said elections, together with all other elections held in said city for any purpose, shall be held under the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of Georgia, in so far as said rules and regulations are applicable and are not in conflict with the Act.
Section 4. Be it further enacted, that the managers of elections in said city shall take before some officer authorized to administer oaths, or administer to each other the following oath: "!, ________________________________, do solemnly swear

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that I will faithfully perform the duties of manager of this election to the best of my ability, prevent fraudulent and illegal voting, without fear or favor, so help me God."
Section 5. Be it further enacted, that immediately after
the polls are closed said managers shall count the ballots cast, and after the ballots have been counted, the tally sheets and list of voters shall be certified in writing by said managers in the following language, to-wit: "We do certify that the foregoing pages or sheets constitute the tally sheets (or lists of voters, as the case may be) of an election for _____________________________, held by us this__________day oL_________________, 19___ , and that they are an accurate and faithful record of the named and number of voters at said election. This day of____________________________, 19---- ________________ ]\;! anager ______________ Manager ______________Manager."
The tally sheets and lists of voters shall then be sealed up together in an envelope, delivered to the clerk of the city and filed of record in his office. The ballot shall likewise be sealed in an envelope, delivered to the clerk and filed of record in his office.
Section 6. Be it further enacted, that on the day next succeeding the election the managers thereof shall file a written report of the results with the clerk showing the number of votes cast and for whom cast. Upon filing of said report the Mayor and Council, at their next regular meeting thereafter, shall declare the result of such election, and such declaration shall be entered of record by the city clerk on his minutes of said meeting.
Section 7. Be it further enacted, that after 30 days from the day of said election, if no notice of contest has been given as to result of said election, the clerk aforesaid shall destroy the ballots. Should any person, except under an order of court of competent jurisdiction, for any cause whatsoever, inspect either the tally sheets, lists of voters or ballots of said election after they have been filed by the

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761

clerk of the city as aforesaid, he shall be liable to fine and imprisonment, or both, in the discretion of the Police Court of said city.

Section 8. Be it further enacted, that any person who has resided in the City of Tifton six months and is a qualified voter under Section 34 of the Code of Georgia, 1910, and who will have registered his name in the registration book hereinafter provided for, shall be a qualified voter in the City of Tifton.
Section 9. Be it further enacted, that immediately after the passage of this Act the clerk of said City of Tifton shall open a book to be designated as the "Voters' Book" for the City of Tifton, containing on the first page thereof the following oath, to-wit: "I do swear or affirm that I am a citizen of the United States; that I am 21 years of age, or will be on the________________day oL______________________ of this calen-
dar year; that I have resided in this State for one year and within the corporate limits of the City of Tifton for six months immediately preceding the date of this oath, or will have so resided on the ________________day of______________________, of this calendar year; I have paid all poll taxes which, since the adoption of the Constitution of 1877, have been required of me; that I possess the qualifications of an elector required by the Constitutional amendment adopted 1908, and that I am not disqualified from voting by reason of any offense committed against the laws of this State. I further swear that I reside at number____________________________street, in the City of Tifton. My age is ____________years. My occupation
IS------------------------------------
Section 10. Be it further enacted, that the city clerk of Tifton shall always keep said registration book open for signatures at his office at any time and at all times when his office is open for payment of taxes or other business. The electors who are thus qualified and have signed the voters' book shall not thereafter be required by the Board

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of Registrars, provided that no person shall remain registered longer than he retains the qualifications under which he is registered. No person shall be allowed to register unless he shall have paid all poll taxes due by him except taxes for the current year. The clerk of the City of Tifton, or any clerk employed by him and authorized by him to receipt for taxes in the usual course of his employment, is required to take charge of said voters' book and administer the oath. When the signature of any person is not clearly legible the officer in charge of the voters' book shall at the time the signature is made, write out the name in clearly legible letters opposite or under said signature.
Section 11. Be it further enacted, that any person desiring to register as a voter may apply to the clerk of the City of Tifton, or his deputy as above described, and after reading said oath, or having same read to him, shall evidence the same by signing his name in said voters' book underneath the written or printed oath above described, or on th~ same page following the page on which the oath is written or printed. A memorandum of entry of the voter's name, his street, number or place of residence, his age and occupation, shall be made by the officer in charge of said book. \iVhen the applicant is not 21 years old at the date of taking the oath a similar entry or memorandum shall be likewise made showing the date in that year when he will have reached the age of twenty-one, and when the applicant has not resided in the State one year, or in the city six months at the date of taking such oath, a similar entry or memorandum shall be made showing the date in that year when he will have resided in this State one year and in the city of Tifton six months.
Section 12. Be it further enacted, that upon request of the applicant the officer in charge of the voters' book shall read or repeat such oath, before signing his name, and if the applicant can not sign his name, said officer shall sign it for him, the applicant making his "mark" thereto. Signa-

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763

tures as made in said voters' book shall be prima facie evidence that the person so signing his name swears or affirms the truth of every material fact contained in said oath; also said written memorandum or entry preceding his signature.
Section 13. Said clerk of council, or his deputy, shall not allow any person to sign his name in the voters' book unless he states at the time that all poll taxes by said voter are paid.
Section 14. Be it further enacted, that the clerk of council, or his deputy, shall in no instance permit a person to sign his name in the voters' book unless such person shall have actually made the oath before him thereon contained.

Section 15. Be it further enacted, that at the first meeting of the City Council after the passage of this Act, said Mayor and Council shall appoint three upright and intelligent freeholders, who are qualified electors, as a Board of Registrars for the City of Tifton, one of whom shall be appointed to hold from the date of his qualification until the first regular meeting of council in January, 1934, or until his successor is appointed and qualified; one shall be appointed to hold from the date of his qualification until the first regular meeting of the council in January, 1935, or until his successor shall have been appointed and qualified; and the one shall be appointed to hold from the date of his qualification until the regular meeting of council in January, 1936, or until his successor shall have been appointed and qualified; one member of said Board shall be thereafter elected by council annually for a term of three years; vacancies shall be filled as they occur by appointments made by the Mayor and Council. Before entering upon the discharge of his duties of his office each and every member of the Board of Registrars shall take the following oath, which may be administered by the clerk of council, the Mayor or any officer authorized under the laws of

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said State to administer oaths: "I do solemnly swear that I will faithfully and impartially discharge to the best of my ability the duties imposed upon me by law as a city registrar."
Section 16. Be it further enacted, that thirty days previous to any and every election held within the corporate limits of said municipality, the clerk shall prepare from the voters' book and file with the City Registrars an accurate and complete list of all the names signed in the voters' book, from each ward, up to and including the date upon which said list is finally completed; the names thereon shall be arranged in alphabetical order and shall show the dates in that year when persons who are minors shall arrive at full age, or will have resided in the State and city the requisite time as sworn to in the voter's book; the list shall also show the voter's age, occupation and place of residence. When such list is placed in their hands, said Registrars shall then meet and begin work of perfecting a true and correct list of the qualified voters of the City of Tifton. In any case where the Registrars question the right of any party whose name is furnished by the clerk of council, to register, such person shall be notified of that fact and be given the opportunity to appear before the Registrars and contest the removal of his name from the voters' list. The decision of the Registrars on the subject of qualification of his right to vote shall be final. The names appearing on the list after same shall have been examined and purged by the Registrars shall constitute the list of the registered voters in and for the City of Tifton. The Registrars in all cases, whether the approaching election be general or special, shall complete their list ten days prior to the date set for holding such election and shall file the same immediately with the clerk of council, who shall at the proper time and in ample time place the same in the hands of the election managers.
Section 17. Be it further enacted, that should any con-

WED~ESDAY, MARCH 1, 1933.

765

test arise over the result of any election for Mayor and Councilmen the same shall be heard and determined under the rules and laws as prescribed by the general laws of the State in such cases.
Section 18. Be it further enacted, that during the pendency of said contest the persons who have been declared elected as heretofore provided, shall exercise the duties and receive the salary and emoluments of said offices.
Section 19. Be it further enacted, that the Mayor and Council shall fix all salaries, including that of the Mayor, at their first meeting in January of each year, for that year, provided, however, that the salary of the Mayor shall not exceed $100.00 per month.
Section 20. Be it further enacted that the Mayor shall act as recorder for said city, provided, however, that in the absence of the Mayor the Mayor Pro Tern. may so act.
Section 21. Be it further enacted, that whenever a vacancy shall occur in the office of Mayor or Councilmen the remaining members at its regular meeting thereafter shall order an election to be held within fifteen days after said meeting for the purpose of filling said vacancy, which said election shall be held under the same registration list as the last election and rules and regulations as provided under this Act for the election of Mayor and Council.
Section 22. Be it further enacted. that in case of a tie between two or more candidates in any election for Mayor and Council, or either of them, or other elective officers, a new election as between the candidates thus tied shall be ordered within ten days after the result has been declared under the same registration list, and the person receiving a majority of votes cast in said election shall be declared duly elected.
Section 23. Be it further enacted, that the Mayor and

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Council of the City of Tifton shall have the power and authority to enact such ordinances, from time to time, as they may deem necessary to enforce the provisions of this charter, to suppress disorderly conduct, to protect life and property, to maintain the public peace, and to protect the public health, which are not repugnant to the laws of the United States or of this State.
Section 24. Be it further enacted, that the Mayor or Mayor Pro Tern., and two Councilmen or three Councilmen (who may elect one of their number to preside) shall for all purposes under this charter constitute a quorum for the transaction of any and all business, whether legislative or judicial, though a small number may adjourn from day to day, provided, however, that when there are no mote than three members present, it shall require at least three affirmative votes to pass any ordinance or resolution; but a quorum, as above provided, shall be sufficient to try any and all cases pending before said council on appeal from the police or Recorder's Court, and in all such cases on appeal the majority of the members present shall be sufficient to find a legal verdict in said cause, however the Mayor shall not have a vote in any matter except in a tie he may cast a vote, voting off the tie. The Mayor and Councilmen shall hold monthly, semi-monthly or weekly meetings as they may decide upon, and the Mayor or Mayor Pro Tern. in the absence of the Mayor, may order such call meetings as emergencies may, in his judgment, require.
Section 25. Be it further enacted, that said Mayor and
Council shall have the power .to pass such ordinances, bylaws, rules and regulations as may, in their discretion, be necessary to carry out the purpose of the Act not in conflict with the provisions hereof or of the Constitution or laws of the State of Georgia, and to provide penalties for their violation. They shall have general and exclusive jurisdiction over the streets, alleys, by-ways, sidewalks, commons and public squares of said city, and may provide against

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767

obstructions and nuisances thereupon. They may lay such drains and gutters therein a~ are necessary and proper means for keeping the corporate limits of said city, or the limits of its police jurisdiction, free from garbage and filth of all kinds. They shall have the power to summarily abate all nuisances whenever in their judgment such nuisance is injurious to the health, comfort or convenience of the inhabitants of said city, either with or without complaint against such nuisance. They may regulate the running of locomotives or cars, whether run by steam, electricity or other power. They may provide against obstructions in the streets, alleys or sidewalks therein, and may prevent the placing thereon of any grass, stones, sticks, fruits, vegetables or anything calculated to cause inconvenience to individuals or to make such streets, alleys or sidewalks unclean or unsightly. They may have such regulations as they deem proper relative to the keeping, storage or sale of gunpowder and explosive or inflammable oils, chemicals or powders in said city. They may prohibit the commission of nuisances in said city and provide punishment thereof.

Section 26. Be it further enacted, that said Mayor and Council shall have the power and authority to elect a city marshal, who shall be the chief of police of said city, two or more policemen, as in their judgment may seem necessary, a surveyor and engineer, street overseer, attorney, city clerk, city physician and a recorder, together with such other officer or officers as the necessities of the city may demand. They may prescribe the duties of said officers and fix their salaries, provided, however, that the salary of the Mayor shall not exceed $100.00 per month. The terms of all officers elected by said Mayor and Council, except as otherwise provided herein, shall expire with the first meeting of Mayor and Council in the calendar year next succeeding their said election by said Mayor and Council; provided, their successors have been elected and qualified. The Mayor and Council or the Mayor Pro Tern., may appoint

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such extra policemen as may be necessary in cases of emergency, and such extra policemen shall receive such compensation as may be agreed upon or as may be fixed by Mayor and Council. Either or all of said officers elected by the said 1\hyor and Council may be dismissed from office at any time by a two-thirds vote of the Mayor and Council, and all of them shall take oath to faithfully perform the duties of their respective offices, and give such bond and security as may be required by the Mayor and Council. The Mayor Pro Tern. shall be elected by the Mayor and Council from among their own number.
Section 27. Be it further enacted, that for the purpose of raising revenues to defray the ordinary current expenses incident to the proper support and maintenance of the city government the said Mayor and Council shall have full power and authority to levy and collect ad valorem tax upon all property, both real and personal, in the corporate limits of said city and which is not exempt by State law, not to exceed one-half of one percentum, but where that amount is deemed insufficient, said Mayor and Council shall have authority and power to levy and collect an additional tax in the mode and manner prescribed by the Constitution and laws of Georgia.
Section 28. Be it further enacted, that every male person between the ages of sixteen and fifty years, who has resided in said city thirty days, shall be liable and subject to work on the streets of said city not to exceed fifteen days in each year, at such time or times as the Mayor and Council may require, or to pay a commutation tax in lieu thereof, not to exceed five dollars, in any one year, as said Mayor and Council shall determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do as said Mayor and Council may require, shall be deemed guilty of a violation of this section, and on conviction in the Police Court of said city shall

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769

be fined any sum not exceeding twenty-five dollars .or imprisoned in the guard-house or by labor in the chain-gang of said city not exceeding thirty days. Said Mayor and Council may pass such ordinances as they may deem proper for the purpose of enforcing this section.
Section 29. Be it further enacted, that said Mayor and Council shall have the right to establish a guard-house and chain-gang in said city, provide for the confinement of prisoners therein during the hours they are not engaged in labor; provide for their maintenance during the period of their imprisonment; provide for furnishing said prisoners with convict suits; employ guards and convict bosses, and generally provide for the control and proper government of sa.id convicts. The employees of said city in charge of said convicts shall have the right to administer such reasonable discipline to said convicts as may be necessary to enforce proper obedience to the rules and regulations which may be established. The Mayor and Council of said city shall have the right to lease or hire said convicts as may be confined in the chain-gang of said city, under the provisions of this charter, to the county authorities of Tift County, and shall have the right to make such charge against said county authorities as they may be able to agree upon; provided, however, that said convicts shall be kept and provided for by said county authorities, in the same manner as the county convicts are kept and provided for.
Section 30. Be it further enacted, that the Mayor and Council of said city shall have full power and authority to license, regulate and control by ordinance all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sales of creams, ices, etc., livery stables, sale stables, and lots, hacks, drays, and other vehicles; auctioneers, vendue masters, itinerant traders, theatres and theatrical performances, dummy or street railroads, oil mills, ice works, laundries, waterworks, shows, circuses and exhibitions of all kinds, itinerant lightning-rod dealers, emigrant agents, book

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jOURNAL OF THE SENATE,

agents, peddlers of clocks, peddlers of stoves, machines or any articles of merchandise whatever, itinerant venders of any and all kinds of goods, wares, merchandise or other things, pool and bagatelle tables kept for public play, every keeper of shooting gallery, ten-pin alley, upon the keeper of any table, device, stand or place for the performance of any game or play, whether played with sticks, balls or rings or other contrivances; upon flying horses or other contrivances, bicycles, velocipedes or skating rinks, insurance agents, life, fire, accident or other insurance companies, loan agents for any and all kinds of business; banks and bankers, brokers and commission merchants of all kinds, and dealers in futures, keepers of slaughter houses, beef markets, green grocers, dealers in fresh oysters, vegetables, fruits, breads and other articles of food; contractors and builders, and all merchants or artisans, barber shops, junk shops, pawn brokers, and upon all and every other establishment, business, calling, trade or avocation not hereto mentioned, and which, under the Constitution and laws of Georgia, are subject to license or specific tax.
Section 31. Be it further enacted, that the Mayor and Council of said city may demand payment of any and all licenses or specific taxes authorized by this Act or by the laws of Georgia in the amount fixed by ordinances, as a condition precedent to beginning or continuing in any business in said city for which a license is required. Should any person engage or continue in any business, trade, professional calling, for which a specific tax or license is required by said city ordinance and shall fail or refuse to pay the same on demand of the proper authority of the said city, shall be liable to prosecution in the Police Court of said city and may be fined in a sum double the amount of the tax or license fee required, or imprisoned in the common guardhouse of said city not exceeding thirty days, in the discretion of the Court. The provisions of this section shall apply to all persons, whether natural or artificial.

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771

Section 32. Be it further enacted, that the Mayor and Council of said city shall have the power and authority to make and establish by ordinance a fiscal year from which and to which all license shall date. Should any person apply for a license for any business in said city for which a license is required at any time after the fiscal year has begun, the Mayor and Council shall have authority to require from such person the same amount as required for license for a full year, and in no case shall the Mayor and Council be compelled to prorate the amount of license for a term less than a full year; provided, that no change in the fiscal year shall operate to the injury to any person who has once paid the amount of license required of him.
Section 33. Be it further enacted, that said Mayor and Council shall have the power and authority to enforce by execution the collection of any debt or claim due to said city for taxes, license, rents, impounding fees, fines and forfeitures, for laying sewers or drains, for cleaning and repairing privies, or for abating nuisances, and for any and all levies, assessments, debts and demands due to said city. Said executions shall be issued by the clerk of said city and bear test in the name of the Mayor against the property, person, corporation or firm against which or upon whom any such debt or demand is owing; such execution to be directed to all and singular, marshal, deputy marshal and policemen of the City of Tifton, who are authorized to levy the same upon the property of the person against whom such execution shall have issued, and the same shall be sold by the marshal or his deputy at public outcry, under the laws for the sheriff sales to the highest bidder, before the door of the council chamber, or at such other places as the Mayor shall determine, notice of which place shall be stated in the advertisement of the sale of such property; if property so levied upon shall be personal property, it shall be advertised by posting notices in three public and conspicuous places in said city for ten days before the day of said sale; if

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JouRNAL OF THE SENATE,

the property levied upon is real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales are advertised, or in some other nawspaper published in the City of Tifton before selling the same. All sales as above provided shall be at public outcry to the highest bidder and for cash. Said marshal or his deputy making such sale shall execute title to the purchaser and shall have the same power to place the purchaser in possession as the sheriffs of the State have.
Section 34. Be it further enacted, that when any execution shall be issued and levied, as provided in the preceding section, claim, or illegality may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax fi. fas. or other fi. fas. issuing from the various courts of this State. Such claim or illegality to be returned to and heard in Tift Superior Court or the Justice Court of the 1314th District G. M., according as the jurisdiction thereof may be.
Section 3 5. Be it further enacted, that the Mayor and
Council of the City of Tifton shall elect at their first or second meeting in each calendar year three upright, discreet and intelligent persons who shall be freeholders and residents of said city, as Tax Assessors, who shall hold qualified. Said Tax Assessors shall not be elected from among the members of the City Council and should any vacancies occur in said Board of Assessors, by death, resignation, removal or refusal to serve, such vacancy shall be immediately filled by said Mayor and Council. Before entering upon the duties of the office each Assessor shall take and subscribe the following oath: "!,____________________________, do solemnly swear that I will faithfull perform the duties of Tax Assessor of the City of Tifton, and will make a just and true valuation of all property therein subject to taxation according to the fair market value thereof, so help me God."
Section 36. Be it further enacted, that the city Tax

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773

Assessors may hear during the progress of their investigation such evidence as to the value of the property of said city as they deem advisable, and to this end may compel the attendance of witnesses or the production of documents as now provided by the laws of Georgia. If any person is dissatisfied with the valuation of his property as fixed by the Assessors he shall have the right of appeal to a Board of Abritrators, and he may within the days of receiving the notice of assessment in case of resident of the city, ten and in case of non-resident, twenty days, give notice, in writing to said board, demanding an arbitration, giving the name of his arbitrator, and the Board of Assessors shall name its arbitrator within three days thereafter, and the two arbitrators shall select a third arbitrator, and the decision of the said Board of Arbitrators shall be final. Said arbitrators shall be bona fiue taxpayers and voters of the said City of Tifton (and any member of council may be elected by either party), and must render their decisions within ten days after the naming by the Board of Assessors of its arbitrators; also the decision of the board shall stand affirmed and shall be binding in the premises. Said arbitrators shall receive for their services the sum of two dollars per day while actually engaged in the discharge of their duties, which amount shall be taxed as costs against the party losing in the arbitration, and in the event of a compromise decision by said arbitrators, said cost shall be taxed one-half ( _0) against each party.
Section 37. Be it further enacted, that immediately after the report of Tax Assessors filed with the clerk it shall be the duty of the clerk to serve a written or printed notice on every person the value of whose property, as returned for taxation, has been raised by the Assessors, advising such person of the Assessors' action and specifying the property, the valuation of which has been increased.
Section 38. Be it further enacted, that there shall be in the City of Tifton a court known as the Police Court of

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JouRNAL OF THE SENATE,

the City of Tifton, and the same shall have a seal and shall be a court of record. The jurisdiction of said court shall extend to all offenses herein provided for, together with all other, of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said offenses are committed within the limits of the corporate limits of said city, or within two miles of the said corporate limits, it being the intent of this charter to give said city as full and complete jurisdiction over said territory within two miles of the corporate lirp.its of said city as though the offense had been committed within the said corporate limits of said city. The sessions of said police court shall be held by the mayor or by the Recorder of said city, at such times and at such places in said city, as in the judgment of either may be necessary. Said Police Court shall have power and jurisdiction to try all offenses against the ordinances of said city within the above defined territory and upon conviction may punish said offenders by a fine of not more than three hundred and fifty dollars, by confinement in the chain-gang of said city for a term of not more than six months, or by confinement in the guard-house or jail of said city for a term of not more than ninety days, either or all in the discretion of said Police Court; all persons convicted in sai"d court may be hired to the county authorities of Tift County for a like term as herein provided.
Section 39. Be it further enacted, that in no case shall the marshall or any policeman of said city make any arrest of any person charged with the violation of any of the ordinances of said city without first having procured from the city clerk or other person authorized to issue the same, a warrant for the arrest of said offender, unless said offense is committed in the immediate presence of said officer and the offender is about to escape, in which event he may arrest and detain such person until a proper warrant can be secured authorizing the offender's further detention.
Section 40. Be it further enacted, that all trials in the

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Police Court of said city shall be held under and by virtue of an affidavit and warrant, which affidavit may be made by any person before the clerk of the city and warrant issued by the presiding officer of said Police Court; said affidavit and warrant shall be in form prescribed for criminal affidavits and warrants in the Code of Georgia; upon aforesaid affidavit warrant shall issue as aforesaid and shall be directed "To all and singular, the marshal, deputy mar&hal or any policeman of the City of Tifton." Upon said affidavit issue shall be joined and plea of guilty or not guilty entered. Should the warrant be dismissed on account of informality in the affidavit or warrant, it shall be the duty of the court to order another drawn, and another, until it shall meet the requirements of the law.
Section 41. Be it further enacted, that said Police Court shall have power to punish for contempt against its lawful authority, whether in its presence or otherwise, to issue summons for witnesses, books and papers in as full and complete manner as the Justice Court of this State may do; to punish as for contempt failure to obey its legal summonses; to grant continuances under rules of law; and to take bond and recognizances for the appearances at its sessions, and to forfeit the same under the same rules and regulations as are not applicable in like procedure in Superior Courts of this State, and to do all other acts and things necessary for the proper enforcement of its authority as a court of record; provided, that no fine for contempt , shall exceed the sum of fifty dollars or imprisonment in guard-house for more than thirty days.
Section 42. Be it further enacted, that any person convicted in the Police Court of said city for the violation of any of the ordinances or by-laws thereof shall have the right of certiorari to the Superior Court of Tift County, or he may have the right of appeal to the Mayor and Council of said city if said Mayor and Council shall see fit by ordinance to provide for such appeal; otherwise certiorari

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JouRNAL OF THE SENATE,

as aforesaid shall be the only remedy. In carrying cases from the Police Court of said city to the Superior Court of said county by certiorari, the same rules shall be observed as are applicable in carrying criminal cases to the Superior Court of this State.

Section 43. Be it further enacted, that the Mayor and Council of said City of Tifton may, whenever in their judgment they see fit, create the office of Recorder for said city, and to elect some upright and intelligent person, reasonably skilled in law, resident of said city, to perform the duties of that office, and to fix his compensation therefor. Said Recorder may be elected at any time that in the judgment of the Mayor and Council his services may be necessary, and he shall hold office for a term of one year or until the qualification of the Mayor and Council, following the next city election, and until his successor has been elected and qualified. It shall be the duty of said Recorder to preside in the Police Court in said city in all cases, except when providentially hindered or when absent from the city or when he may be disqualified, in which case the Mayor or Mayor Pro T em. shall preside.

Section 44. Be it further enacted, that the Mayor and Council, Mayor Pro Tern., or Recorder of said city, shall have, in addition to the jurisdiction hereinbefore conferred, the criminal jurisdiction of the Justice of Peace over all of the territory embraced in their jurisdiction as municipal officers. 'Vhenever it shall appear that an offense against the laws of the State has been committed within the limits of the said city's police jurisdiction, it shall be the duty of the Mayor, Mayor Pro Tern., or Recorder, as the case may be, after inyestigation, to commit the offender or offenders to jail or to bail to answer to the court having jurisdiction of the offense.
Section 45. Be it further enacted, that the Mayor and Councilmen of said city shall have power and authority to

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777

prevent horses, mules, cattle, hogs, sheep, dogs, goats, and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs within the city limits or to regulate the manner in which they must be kept, if allowed kept, and shall have full power and authority to take up and impound any such animals and fowls and punish all owners of such fowls or animals who refuse to obey any ordinance passed by such Mayor and Council, carrying this authority into effect.
Section 46. Be it further enacted, that in order to give effect to the foregoing section said Mayor and Council shall have authority to establish a pound, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owner of such impounded animals before they are released from the pound, to regulate the mode or manner of sale or disposition of impounded animals or fowls where no owner appears, or where payment of impounding fees charged, penalties or costs is refused; to provide for the dispositoin of the proceeds of the sale of an impounded animal and to provide for the punishment of all persons who, without authority, break or enter the pound.
Section 47. Be it further enacted, that said Mayor and Council shall have the authority, in their discretion, to establish and put in operation a Board of Health, and to pass all ordinances and regulations prescribing penalties for violation of the same necessary for the purpose of maintaining such Board of Health, and prescribing penalties for such violation; to prevent the spread of any infectious or contagious disease; also to pass and enforce an ordinance to compel the vaccination of all persons within the police jurisdiction of said city; also, isolate any person or persons affiicted with any infectious or contagious disease by confining such person within the limits of the premises provided by the Mayor and Council; either within or without the corporate limits of said city; to isolate any person or

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jOURNAL OF THE SENATE,

persons who have been exposed to any infectious or contagious disease during the usual period of incubation of such disease by confining such person or persons during such period within premises provided by the Mayor and Council, either within or without the corporate limits of the city. Provided that no person shall be so isolated who, if able and willing to pay the hire of proper persons to be selected by Mayor and Council to guard the premises in which they are, so as to prevent ingress and egress to and from such premises during the time which there is probability of the spread of any infectious or contagious disease from such person or persons.
Section 48. Be it further enacted, that said Mayor and Council shall have exclusive jurisdiction over all cemeteries belonging to said city. They may elect such employees to superintend and care for the same as they may deem proper. They may make such appropriations out of the city treasury as to them may seem proper for the care and supervision of same. They may enact ordinances and provide penalties for the purpose of preventing trespass thereon. They may regulate and charge for grave digging, hearse fees, and any and everything pertaining to the care and operation of such cemetery. They may charge such fees for burial as to them may seem proper and enforce the collection of such fees as provided under Section 34 of this Act, and this provision shall relate to cemeteries located either within or without the corporate limits of said city.
Section 49. Be it further enacted, that said Mayor and Council shall have the right to exercise supervision over all buildings within the corporate limits of said city, and whenever in their judgment any structure or building is dangerous to life or health Gf citizens, on proper cases made in terms of the laws of the State of Georgia, they shall have the right to condemn such buildings as a nuisance and call on the owner or tenants in possession to immediately abate same; and in the event said owner or tenant in possession

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779

fails or refuses to abate such nuisance in a reasonable time, such time to be determined by the Mayor and Coun~il, then said lYiayor and Council may cause the same to be done, and issue execution against said premises for the cost of abating such nuisance. Said Mayor and Council may likewise pass and enforce an ordinance fixing a penalty to be assessed against any party failing or refusing to abate a nuisance after such party has had notice to abate same.
Section 50. Be it further enacted, that the Mayor and Council of said city shall have the power and authority to open, lay out, widen, straighten or otherwise change the streets, alleys, or lanes, of said city, and shall have the power to lay off, vacate, close up, open, curb or pave the roads, streets, bridges, alleys, sidewalks, cross-drains, crosswalks, drains or gutters for the use of the public or the use of any citizen of said city, to grant right-of-ways to railroads, streets, bridges, alleys, sidewalks, cross-walks, drains, or gutters for the use of the public, or the use of laying wires, or lines, throughout the streets and alleys of said city, upon such terms and conditions and restrictions as said Mayor and Council, in the exercise of the authority herein conferred, to open, lay out, straighten or otherwise change the streets or alleys of said city, shall find it necessary to take private property for such purpose and cannot agree with the owners thereof, they may take such private property upon the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use as contained in Article I, Chapter 9 of the Code of Georgia, 1910, beginning with Section 5206 and embracing all sections following the same having references to the condemnation of private property for public uses.
Section 51. Be it further enacted, that said Mayor and Council shall have the power and authority, upon recommendation of the Board of Health, to cause the owner of lots or parcels of land in the city to drain the same or to

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JoURNAL OF THE SENATE,

drain any pond or pool of water thereon; also to compel the owner or owners of cellars occasionally holding water to cause the same to be emptied of water or filled up, if necessary, and in case the owner of such parcels or lots of land or cellars shall fail, or refuse, after reasonable notice (such notice to be judged by the Mayor and Council) to him or his agent to comply with the requirements of the Mayor or Council, it shall be lawful for said Mayor and Council to employ proper persons to perform such services; and for all expenses incurred in so doing the clerk of the city shall issue execution against said property or the owner or owners thereof; and a sale under such execution by the city marshal or his deputy shall pass the title to said property as completely to the purchaser as a sale under judgment and execution from the Superior Courts of this State.

Section 52. Be it further enacted, that said Mayor and Council shall have the authority and power to establish and maintain such quarantine and other regulations as in their judgment may be necessary to prevent the introduction or spread of any and all contagious and infectious disease of said city.
Section 53. Be it further enacted, that said Mayor and
Council shall have the power and authority to compel the owners of property, their tenants or lessees, to grade, pave and otherwise to keep in good order and condition, as said Mayor and Council may direct, the sidewalks in front and abutting on their property. They may restrict the operation of any ordinance passed in pursuance of the power conferred in this section to any designated part of the city or any way that they may deem best. Should any owner or lessee fail or refuse to comply with any ordinance or resolution passed in pursuance of this section, the work may be done by the city and the expense attending the same collected by execution against said owner of property.
Section 54. Be it further enacted, that said Mayor and

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781

Council shall have the power and authority to create and establish a fire department in said city, provide for the pay and equipment thereof, purchase any necessary apparatus, and make all needful regulations for its proper maintenance.
Section 55. Be it further enacted, that said Mayor and
Council shall have power and authority to provide against hazards and damage by fire and to that end may declare any portion of said city a "fire district," and may define the limits thereof. They may prescribe what material may or may not be used in the erection of buildings in such "fire district," and may punish, in their discretion, any person violating the provisions of their ordinances in this behalf. Whenever it shall appear that any building, shed or structure of any sort is being erected within said fire district contrary to the ordinances covering such subject, the Mayor and Council shall have authority to summarily direct the owner of such structure to immediately tear down and remove the same, or to so change the material as to make it comply with the ordinances for such cases provided. Should said owner fail or refuse to comply with such order, they may summarily have same removed, and execution shall issue against such owner for expenses so incurred by the city. The owner or person in charge of such structures, and so refusing to comply with the order of the Mayor and Council may likewise be punished as for a misdemeanor under the ordinances of the city.
Section 56. Be it further enacted, that said Mayor or
Council shall have the power and authority to provide for the erection and maintenance in said city of gas works, electric light works, and waterworks, and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said city, under such regulations and restrictions as they may deem proper. They are hereby authorized to make contracts with individuals or corporations erecting gas, electric light and waterworks plants

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JouRNAL OF THE SENATE,

for the furnishing said city with lights and water, and may pay such amounts as purchase or rental as they may deem proper. They may make such regulations and pass such ordinances as they may deem necessary for the protection of the owners of such works and shall have exclusive jurisdiction over them. Whenever said Mayor and Council shall contract for water and lights for the use of said city, they may by ordinance limit the rates to individual consumers. They may regulate the operation of light or waterworks and impose upon their owners such duties, obligations and liabilities as they may deem just and reasonable for the proper protection of the citizens of the city and the municipal government.

Section 57. Be it further enacted, that said Mayor and

Council shall, in the exercise of their police powers, have

power and authority to pass all ordinances they may think

necessary to more effectually prevent the illegal sale of in-

toxicating liquors within the police jurisdiction of said City

of Tifton, and to that end may provide ordinances punish-

ing any persons keeping in said police jurisdiction any in-

toxicating liquors for the purpose of selling same; and

likewise ordinances providing for the punishment of any

person or persons purchasing liquors from persons who

are selling the same illegally. The marshal or any police-

man of said city shall have full power and authority to

enter, and if necessary, to break open and enter, any place

within the police jurisdiction under the proper search war-

rant which may be issued upon the affidavit of any person

that he has reasonable cause to believe there is a "blind

tiger," or place where intoxicating liquors are being kept

for the purpose of illegal sale, and to seize and hold as

evidence all intoxicating liquors found therein. And after

such liquors so seized have answered the purpose of evi-

dence, they may, on order of the Mayor, Recorder, or

other officer trying such offender, in addition to the other

penalties provided for, be destroyed.



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783

Section 58. Be it further enacted, that should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he may be apprehended whenever he may be found in this State, and the warrant of the Mayor, Mayor Pro Tern., or Recorder of said city, shall be sufficient authority for his return and trial upon the charge resting against him, and should any person, after trial and conviction of a violation of an ordinance of said city, escape, he may be apprehended wherever found in this State and the warrant of the Mayor, Mayor Pro Tern., or Recorder of said city, shall be sufficient authority for his arrest and return; and all persons escaping from the custody of the city may again be tried for such escape and punishment not exceeding penalties hereinbefore provided.
Section 59. Be it further enacted, that said Mayor and
Council shall have full power and authority to require the owner of any improved property, his agent or tenant in possession, to provide suitable privy or water closet accommodations upon such premises to be located at such places on said premises as said Mayor and Council shall by ordinance prescribe.
Section 60. Be it further enacted, that said Mayor and Council shall have the power and authority by resolution or ordinances to provide suitable regulations on the subject of drainage, sewerage and plumbing, and all and everything else that may be necessary for the improving of the sanitary condition of said city. Said Mayor and Council are authorized to lay down sewers through private property in said city; provided, however, that before so doing they regularly condemn such private property by the method hereinbefore laid down for the taking of private property by the said city.
Section 61. Be it further enacted, that said Mayor and Council shall have the power and authority to issue bonds of said city in such sums and at such times as they shall see

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proper within the limits provided by the Constitution and laws of this State and of such denominations and in such amounts as they see fit; such bonds not to bear interest in excess of 5 per cent per annum, and not to run for a period of longer than thirty (30) years from the date of issue, but may bear a less rate of interest and run for a shorter period from their date of issue, in the discretion of the Mayor and Council. Said bonds to be issued, hypothecated and sold for the purpose of establishing, maintaining, extending and operating a system of waterworks, a system of sanitary sewerage, a crematory, a system of street lighting, either gas or electricity, or both; a system of public schools, paving or macadamizing streets, erection of necessary public buildings and adequate fire department, and drainage. Said bonds shall be signed by the Mayor and City of Tifton, and shall be negotiated in such manner as countersigned by the clerk under the corporate seal of the Mayor and Council may determine to be for the best interest of the city; provided, however, that said bonds shall not be issued for any of the above said purposes until the same shall have been submitted to the qualified voters of said city at an election held for that purpose under and in conformity with the general laws of this State embodied in Chapter 3, Article 1, and Sections 440, 441, 442 and 433 of the Code.
Section 62. Be it further enacted, that the Mayor and Council shall have the power and authority to levy and collect annually in addition to that already provided for in this charter, a tax not exceeding one-half of one per cent on all the taxable property of said city for the purposes of establishing and maintaining a system of public schools in said city, said fund not to be used for any other purpose.
Section 63. Be it further enacted, that in the event a vacancy should occur in the Mayor's office of said city, that the Mayor Pro Tern. shall act as Mayor until January 1st, following such vacancy, and that on the first Wednesday

WEDNESDAY, MARCH 1, 1933.

785

in December, at the next regular election held in said city, a Mayor shall be elected to fill out the unexpired term of said Mayor; provided, however, that should said term extend beyond January 1st, following such vacancy. And that should there occur a vacancy in the council of said city or members of Board of Trustees of the city schools of the City of Tifton, that the Mayor and Council shall appoint someone from the ward in which said vacancy occurred, who shall serve until January 1st, following said vacancy, and that at the regular election held on the first Wednesday in December, there shall be a person elected to fill out the unexpired term caused by such vacancy; provided, however, said term extends beyond January 1st, next following said vacancy.
Section 64. Be it further enacted, that said Board of Education provided for in this charter, shall have power to design and adopt a system of public schools for said city; to appoint or elect a superintendent and elect teachers for same; to suspend or remove such superintendent or teachers; to fix the compensation of teachers and superintendent; to provide school houses by rent, building, purchase or otherwise, but the title to all school property shall be and remain in the City of Tifton; to make rules and regulations for the government of themselves and said schools as they may see proper and not in conflict with the laws of the State. No white child shall be admitted into any school established by said board for colored children, and no colored child shall be admitted into any school established for white children. All children who are entitled to the benefits of public schools under the laws of this State and whose parents, guardians, or neutral protectors bona fide reside within the corporate limits of said city, shall be admitted in said schools upon the payment of such incidental fee only as said board may deem necessary. Children of non-residents, and such others as may be entitled to the benefits of these schools shall be admitted upon such terms as may

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be prescribed by said Board of Education not in conflict with the laws of this State; it shall be the duty of said Board of Education to have prepared and to furnish the State School Commissioner by the first day of December each year, a list or census of pupils residing in said city entitled to the school funds, in which shall be included those pupils residing outside the City of Tifton, but who attend the city schools. And it shall be the duty of the State School Commissioner to pay to the clerk and treasurer of Tifton such portions of the public school fund as its number of pupils, as above defined, entitled it to.
Section 65. Be it further enacted, that the Board of Education of said city shall determine what amount of money it will be necessary to raise by taxation to defray the expenses of said school for ensuing year, and shall lay the same before the Mayor and Council, who shall be required to levy and collect the same, and the amount so levied and collected shall be used for no other purposes, and shall be paid out only on the order of the Board of Education.
Section 66. Be it further enacted, that the educational authorities of Tift County shall not grant any license to nor contract with any person or persons to teach any school of any character in said city, nor shall any of the State School Fund be paid to any school in said city other than the public school contemplated by this act.
Section 67. Be it further enacted, That the Mayor and Council of said city shall have power and authority to grade, pave, macadamize or otherwise improve the drainage and condition of the streets, sidewalks, squares, public roads, or lanes and alleys in said city. In order to carry into effect the above the said Mayor and Council shall have the power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and sidewalks, including two-thirds of the cost of curbing necessary, on the real estate abutting on such streets or sidewalks. Said Mayor and Council shall have power and authority to

\tVEDNESDAY, MARCH 1, 1933.

787

assess one-third of the cost of the grading, paving, or macadamizing, constructing side drains, crossings, or otherwise improving the roadway or street proper on the real estate abutting on one side of the street improved and onethird on the real estate abutting on the other side of the street improved. The real estate abutting on the street shall pay not more than two-thirds of the entire cost, in the discretion of the Mayor and Council, and any street, railroad company or other railroad company having tracts running through or across the streets of said city, shall be required to pave or macadamize or otherwise improve said streets in such proportion as the Mayor and Council may prescribe. Said Mayor and Council shall have full power and authority to equalize, by an ordinance passed for that purpose, the assessment against all real estate for above purposes, as to them may seem just and proper, estimating the total cost of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved, or according to area or value of said property either or all, as may be determined by ordinance passed for that purpose. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. The Mayor and Council shall have power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execu... tions issued by the City Clerk against the real estate improved and assessed, for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or any policeman of said city on such real estate, and after advertising and other proceeding as in case of tax sales the same shall be sold at public outcry to the highest bidder, Such sale shall vest absolute title in purchaser. Said city marshal or policeman, acting for him, shall have authority to eject, occupants and put purchasers in possession; provided,

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}OURNAL OF THE SENATE,

the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, together with all cost, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Tift County, and there tried and the ~ssue determined, as in cases of illegality subject to penalties provided as in case of illegality filed for delay only. The Mayor and Council shall have authority to pave and contract to pave the whole surface of the street, without giving any railroad or street railroad company or other property holder occupant of the street the option of having the space to be paved by themselves, or by contract at his or its instance, the object being to prevent delay and to secure uniformity. The lien for assessment on abutting property and on street railroad and other railroad companies for street or sidewalks paving, curbing, macadamizing, grading, or draining shall have rank and priority of payment next in point of dignity of liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each instance. Said Mayor and Council shall have power and authority to prescribe by ordinance such rules as they may in their discretion think necessary to grade, pave, drain, macadamize, or curb the streets, sidewalks, and alleys of said city and to collect the cost thereof by execution against the adjacent property, owner and railroad companies or other occupants of the streets or alleys of said city.
Section 68. Be it further enacted, that said Mayor and Council shall have full power and authority to acquire, on behalf of the City of Tifton, by gift, purchase or otherwise, grounds suitable for such park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep the same, and to that end may appoint such officers and employees as in their judgment may be necessary and compensate them therefor. They shall have the right to

\VEDNESDAY, MARCH 1, 1933.

789

draw on the ordinary expense fund of said city for said purpose, or upon any other fund not otherwise appropriated according to law.
Section 69. Be it further enacted, that said Mayor and Council shall have power and authority, whenever in their judgment they see fit, to secure for said city one or more deep wells in said city for the purpose of supplying the city with a plentiful supply of good, wholesome water, and to this end they may contract with such party or parties as they may see fit. For the said purpose they may draw on the ordinary fund of the town or upon any other fund not otherwise appropriated according to law.
Section 70. Be it further enacted, that should the Mayor and Council determine in accordance with provision hereinbefore made, to issue bonds for the purpose hereinbefore set out, then they shall have the power and authority, in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax, not to exceed one per centum per annum, sufficient to pay off the said bonds with all interest and charges on the same within the period which said bonds have to run; and it shall be the duty of the said Mayor and Council, in the published notice of any election for the insurance of any bonds for any of the purposes herein provided, to state the amount of annum tax it will be necessary to levy and collect to pay same.
Section 71. Be it further enacted, that from and after the passage of this act, that the City Commissioners of the City of Tifton, shall call an election to be held in said city, within ten days after the passage of this act, at which election there shall be referred to the qualified voters of said city, as to whether or not this Act shall be adopted by the City of Tifton, and that there shall be prepared tickets and furnished to the polls in said election as follows: For ratification of new charter for the City of Tifton, against ratification of new charter for the City of Tifton. And if the majority of the votes polled should be for ratification of the

790

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new charter of the City of Tifton, then this charter shall become operative and effective for the said city. And if the majority of the votes polled at said election should be against the ratification of the new Charter of the City of Tifton, then this charter and Act shall not become effective for said City of Tifton, in case of a tie then another election for the same purpose shall be called in the same manner, to be held within ten days, at which time the question shall be again voted upon to determine the question as above described. The voters list used at election in the City of Tifton in the December, 1932 election shall be the list used in the referendum election above referred to.

Section 72. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same is hereby repealed, provided this Act is ratified as provided herein.

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.

The President resumed the Chair.

The following report of the Committee or Rules was read and adopted:
Mr. President:
Your Committee on Rules met in Executive Session and adopted the following resolution, amending Senate Resolutino No. 92 as follows: That Senate Bill No. 128 be set as a special and continuous order of business for Wednesday,

'VEDNESDAY, MARCH 1, 1933.

791

March 1, 1933, immediately following the disposition of Senate Bill No. 99, which is now under consideration.
GEORGE w. FETZER,
Vice-Chairman.
WM. H. LESTER,
Secretary.

The following bill of the Senate continued from yesterday's session was taken up for passage:

By Senator Terrell of the 37th District-
Senate Bill No. 99. A bill to reduce the salaries of officials and employees of the State, to-wit:

A BILL
To be entitled an Act to reduce the salaries, wages, compensation or other remuneration of the State Officers, or the employees or any one paid salary, wages, compensation, or other remuneration for services not compensated upon a percentage basis, by the State of Georgia, or any insti.tution, department, or agency thereof, whose compensation is not fixed by the Constitution of this State, to prevent and prohibit increases of the salaries of such wage or compensation earners, to provide for the carrying out of said purposes, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the first of the month next after the approval of this Act, the salaries, wages, compensation, or other remuneration of any and all State officials of this State, and of all assistants, deputies, special officials, agents, employees, and any other person or persons drawing, receiving, or being paid any remuneration or other emolument from the funds of this State, or of any institution, department or agency thereof, for services, be and the

792

JouRNAL OF THE SENATE,

same are hereby reduced as to that part of such remuneration which is paid by the State of Georgia or any institution, department, or agency thereof, as follows:
(a) The compensation, fees or salaries of all persons above described, in excess of $100.00 per month and up to and not exceeding ( $166.66 2/3) One Hunderd Sixty-six and two-thirds dollars per month, shall be reduced ten percentum of the excess above $100.00 per month.
(b) The compensation, fees or salaries of all persons above described, in excess of One Hundred Sixty-six and two-thirds dollars per month and up to and not exceeding $250.00 per month shall, in addition to the reduction made in sub-head (a), be reduced by twenty percentum of the excess above One Hundred Sixty-six and two-thirds dollars per month.
(c) The compensation, fees or salaries of all persons above described, in excess of $250.00 per month, shall, in addition to the reductions made in sub-head (a) and (b), be reduced thirty percentum of the excess above $250.00 per month.
Section 2. Be it further enacted, that no present official, appointee, employee, or any person whomsoever, whose compensation or salary is paid in whole or in part out of the State Funds, or from fees, commissions or special funds, shall receive a compensation or salary in excess of $416.66 per month.
Section 3. Be it further enacted, that no office, position or employment of this State, or of any institution, department, or agency thereof shall have its salary, wage, compensation, or remuneration increased over that of the calendar year 1932 without specific legislative enactment permitting such increase.
Section 4. Be it further enacted, that none of the provisions of this Act shall apply to any office, position, or em-

WEDNESDAY, MARCH 1, 1933.

793

ployment of this State or of any institution, department, or agency thereof the compensation for which is now paid or payable upon the basis of a certain percentage of the collections effected by the holder of such office, position, or employment.
Sec. 5. Be it further enacted that the above and fore-
going provisions of this Act shall apply and relate to all offices, positions, or employments of this State or of any institution, department, or agency thereof, the salaries, wages, remuneration or compensation for which is not fixed by the Constitution of this State.
Sec. 6. Be it further enacted that the provisions of this Act shall be effective and operative from the first day of the month next after the approval of this Act, and shall continue to be operative and effective until April 1, 1935.
Sec. 7. Be it further enacted that all Laws and parts of Laws in conflict with this Act be and the same are hereby repealed.
Sec. 8. Be it further enacted that if any part, section or provision of this Act is unconstitutional, the validity of the other sections or provisions thereof shall not be affected.

Senator Fetzer of the 1st District asked unanimous consent that the Senate reconsider its action yesterday in calling the previous question and the consent was granted.

Senator Sisk of the 30th District moved to amend substitute for Senate Bill No. 99 by adding at the end of Section A the following: That the provisions of this bill shall not apply to County or Municipal officers or employees, or to school teachers.
Senator Fetzer of the 1st District moved to amend the substitute as follows:
.
Sec. II. (a) Provided, that the foregoing scale, or sched-

794

JoURNAL OF THE SENATE,

ule, of reductions in compensation shall be applied against the basis of compensation of all persons affected by this Act existing and in effect on January 1st, 193 2, and shall apply to all offices and positions since created.
Senator Pottle of the 1Oth District moved to amend the amendment of Senator Sisk as follows:
By adding after the word "School teachers" the words "professors, officers, and employees connected with the U niversity system of Georgia."
The question was on the amendment of the Senator from the 1Oth District to the amendment of the Senator from the 30th District. The roll was called on the adoption of this amendment and the vote was as follows:

Those voti'ng in the affirmative were Senators:

Boykin Carithers Cason Cloud Colson Culpepper Dorminy Edmondson

Fetzer Haralson Hutcheson Key Knox Lester Lewis Moore Morris of the 39th

Morris of the 5th Oliver Pottle Sisk Sparks Tate Turner Tuten Weaver

Those voting in the negative were Senators:

Alston Andrews Baggett Boyd Campbell Conner

Dean Fudge Goldin Groover Hogg Howard of the 2nd

Hubbard Jackson Paschall Rivers Robertson Sims Terrell

The ayes were 26, and the nays 19 and the amendment was adopted.
The question was on the amendment of the Senator of the 30th District and the amendment was adopted.

I

WEDNESDAY, MARCH 1, 1933.

795

The question was on the amendment of the Senator of the 1st District and the amendment was adpoted.
The question was on the committee substitute as amended and the substitute as amended was adopted.
The report of the committee which was favorable to the passage of the bill by substitute as amended was agreed to.
On the passage of the bill by substitute as amended the ayes and nays was called for and the call was sustained, the roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Baggett Boyd Boykin Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Edmondson

Fetzer Fudge Goldin Groover Haralson Hogg Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Tuten Weaver

Those voting in the negative were Senators:
Turner

The ayes were 44, the nays 1.

By unanimous consent the verification of the roll call was dispensed with.

The bill by substitute as amended having received the requisite Constitutional majority, was passed.

By unanimous consent Senate Bill No. 99 was ordered immediately transmitted to the House.

796

jOURNAL OF THE SENATE,

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

By Senator Sisk of the 30th District-
Senate Resolution No. 93. That Senate Bill No. 128 be set as a special and continuing order, immediately after the period of unanimous consents on Tuesday, March 7, 1933.

Senate Bill No. 66, a bill by Senator Knox of the 3rd District, to regulate sales under power, was taken up for passage.

Senator Tuten of the 46th District moved that further action on the bill be postponed and the motion prevailed.
The following bill of the Senate was read the third time and put upon its pasasge.

By Senator Key of the 28th District -
Senate Bill No. 98. A bill to amend the Act creating the Text-Book Commission.

Senator Culpepper of the 36th District moved to amend Senate Bill No. 98 as follows:
By adding a new section to the bill to be numbered as Section 2.
Section 2. Be it further enacted that all schools in the various counties of the State of Georgia, including independent schools, districts and systems, shall be permitted to have and use during the year 1933, and in the future, and until this Act is changed and/or amended all such books as are now in use in such schools, provided however, that any and/or all of such schools may have the privilege and/or option of purchasing and/or using such books as may have been adopted and/or recommended by the Text-Book

\VEDNESDAY, MARCH 1, 1933.

797

Commission for the State of Georgia according to the terms and conditions as fixed by said Commission, but none of such schools shall be under compulsion so to do, and/or shall not suffer any penalty or forfeiture for failing or declining so to do.
Amends further by adding a new paragraph to be numbered Section 3.
Section 3. The caption of the bill is amended by adding the following words: To provide for the use of school books in the schools in the various counties of the State of Georgia and to provide for the option of the use of such school books without compulsion and for other purposes.
Amends further by adding a new paragraph to be numbered 4.
Section 4. Section 2 shall be renumbered and shall be known as Section 4, of said bill.
The amendments were adopted.

The report of the committee which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill the ayes and nays was called for and the call was sustained, the roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Andrews Baggett Boyd Boykin Campbell Carithers Cason Cloud Colson Conner Culpepper

Dean Dorminy Edmondson Fudge Goldin Groover Hogg Howard of the 2nd Hubbard Jackson Key Knox

Lester Lewis Moore Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims

798

JouRNAL OF THE SENATE,

Sisk Sparks

Terrell Turner

The ayes were 42, the nays 0.

Tuten Weaver

The bill as amended having received the requisite Constitutional majority, was passed.
By unanimous consent Senate Bill No. 98 was ordered immediately transmitted to the House.
Senators Lester of the 18th District and Boykin of the 19th District asked unanimous consent to table Senate Bill No. 20, a bill to amend the Constitution to exempt certain personal property from taxation and the consent was granted and the bill was tabled.
Senator Lester of the 18th District asked unanimous consent that Senate Bill No. 56 be withdrawn as Senate Bill No. 20 was identical with this bill and the consent was granted, and the bill was withdrawn from the Senate.
The following bill of the Senate was read the third time and put upon its passage:

By Senator Boykin of the 29th District-
Senate Bill No. 116. A bill to amend the Acts relating to the Confederate Soldiers' Home.
The President left the Chair and Senator Key of the 28th District presided.
The report ofthe 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.
The President resumed the Chair.

WEDNESDAY, MARCH 1,1933.

799

By unanimous consent Senate Bill No. 116 was ordered immediately transmitted to the House.
Senator Campbell of the 34th District rose to a question of Personal Privilege and addressed the Senate.
Senate Bill No. 100, by Senator Jackson of the 21st District, a bill to define the words "crop" and "growing crops" was taken up for passage. Senator Jackson of the 21st District asked unanimous consent that further action on the bill be postponed and that House Bill No. 563 be substituted for the said bill, viz., Senate Bill No. 100, the latter bill being of similar purport and the consent was granted.
Senator Colson of the 4th District asked unanimous consent that action on Senate Bill No. 117, a bill by Senator Sparks of the 19th District, a bill to provide for the filling of vacancies in certain offices, be postponed until tomorrow and the consent was granted.
The following bill of the Senate was read the third time and put upon its passage:

By Senators Howard of the 2nd District and Rivers of the 15th District-
Senate Bill No. 118. A bill to amend the N eil-Traylor Highway Act so as to add additional mileage from Ly~ns, Georgia to Glenville.
The committee moved to amend Senate Bill No. 118 by adding thereto the following proviso, to-wit: that said bill shall not have the effect of certifying said proposed road into the now State-Aid System of Georgia until so certified by the State Highway Board of Georgia as provided in said Act of 1929.
The committee moved to amend Senate Bill No. 118 by adding after the word Glenville in caption the words, "and Monticello to Forsyth, Georgia."

800

JouRNAL OF THE SENATE,

Also moved to amend Section One after figures No. 23, "and from Monticello to_ Forsyth, Georgia."
Also moved to amend Section Two by changing the period at end of Section 2 to comma and adding the words, "and from Monticello to Forsyth, Georgia."
Both amendments of the committee were adopted.
The report of the committee which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 38, the nays 0.
The bill as amended having received the requisite Constitutional majority, was passed.
By unanimous consent, Senate Bill No. 118 was ordered immediately transmitted to the House.
The President left the Chair and Senator Weaver of the 25th District presided.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Key of the 28th District-
Senate Bill No. 125. A bill to authorize cities and towns to construct sewerage and water systems and for other purposes.
The committee offered a substitute.
Senator Key of the 28th District asked unanimous consent to substitute a substitute for the Committee substitute and the consent was granted.
Senator Culpepper of the 36th District asked unanimous consent that Senate Bill No. 125 and the substitutes be withdrawn from further consideration and recommitted to the Committee on Municipal Government and the consent was granted.

\VEDNESDAY, MARCH 1, 1933.

801

By Senator Hutcheson of the 44th District-

Senate Bill No. 126. A bill to further regulate the business of insurance.

The committee offered a substitute.

Senator Howard, of the 2nd District, offered to amend the substitute.

The President resumed the Chair.

The amendment of the Senator of the 2nd District was adopted, the substitute as amended, was adopted.

The report of the committee which was favorable to the passage of the bill by substitute as amended, was agreed to.

On the passage of the bill by substitute as amended, the ayes and nays was called for and the roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Baggett Boyd Campbell Conner Culpepper Dean Dorminy

Goldin Haralson Howard of the 2nd Hubbard Hutcheson Knox Morris of the 39th

Paschall Rivers Robertson Sims Sisk Terrell Tuten

Those voting in the negative were Senators:

Andrews Carithers Cason Cloud Colson

Fetzer Groover Hogg Key Lewis

Morris of the 5th Nelson Oliver Pottle Sparks Weaver

The verification of the roll call was dispensed with.
The ayes were 21, the nays 16. And the bill by substitute as amended failed to receive the requisite Constitutional majority and was lost.

802

JoURNAL OF THE SENATE,

Leave of absence was granted Senator Cail of the 17th District to attend the inauguration at Washington, D. C.
The following bills of the House were read the first time, and referred to committees:

By Mr. Rawlins of Ben Hill-
House Bill No. 647. A bill to amend an Act to fix the salary and prescribe the duties of the Chairman of the Board of Commissioners of Ben Hill County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Jordan of Schley-
House Bill No. 648. A bill to amend Code Section 4906 of the Georgia Code of 1910, to provide for the amount of bond for the Sheriff of Schley County, Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Mr. Daughtry of Wilkinson-
House Bill No. 651. A bill to repeal an Act to establish the City Court of Irwinton in and for the County of Wilkinson, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Trapnell of CandlerHouse Bill No. 656. A bill to amend an Act to establish
the City Court of Metter, in the County of Candler, and for other purposes.
Referred to Committee on Special Judiciary.
By Mr. Martin of JacksonHouse Bill No. 658. A bill to amend an Act to incorpo-

'VEDNESDAY, MARCH 1, 1933.

803

rate the City of Commerce in the County of Jackson, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Robertson of Thomas-
House Bill No. 290. A bill to amend the Act for the protection of birds, fish, game, and fur-bearing animals, and for other purposes.
Referred to Committee on Game and Fish.

By Messrs. Myrick and Kennedy of <;hatham-
House Bill No. 48 6. A bill to repeal all existing laws and sections of the Code of 1910 relative to Pilotage and Pilotage Commissions, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Batchelor of Putnam-
House Bill No. 535. A bill to amend an Act to create and establish a new charter for the City of Eatonton, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Goolsby of Jasper-
House Bill No. 564. A bill to consolidate the offices of Tax Collector and Tax Receiver; and to create the office of County Tax Commissioner of Jasper County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Crawford of Union-
House Bill No. 578. A bill providing for and requiring an annual audit of the finances of Union County; to re-

804

JoURNAL OF THE SENATE,

quire certain officers of the county to file financial statements; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Parramore of Bleckley and Lee of Pulaski-
House Bill No. 580. A bill to abolish the fee system now existing in Oconee Circuit; and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Cartledge, Lanier and Harris of Richmond-
Hou.se Bill No. 609. A bill to amend an Act to combine the Board of Health of the City of Augusta with the Board of Health of Richmond County and said combined body to be known as the Richmond County Department of Health; and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 610. A bill to amend an Act entitled "An Act to regulate public instruction in the County of Richmond, so as to make the certain Act entitled 'An Act to create a Text-book Commission for the State of Georgia, etc.' ", applicable to Richmond County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Thrasher of Oconee-
House Bill No. 628. A bill to incorporate the Town of North High Shoals, in the County of Oconee and State of Georgia, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Stanton and Twitty of WareHouse Bill No. 640. A bill to amend an Act to provide

WEDNESDAY, MARCH 1, 1933.

805

a new charter for the City of Waycross, and for other purposes.
Referred to Committee on Municipal Government-

By Mr. Rawlins of Telfair-
Hause Bill No. 646. A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Telfair County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.
The following resolution of the House was read the first time and referred to Committee on General Judiciary No. 1.

By Mr. Sammon of Gwinnett-
House Resolution No. 131-634a. A resolution to relieve surety on bond of Sam Green, and for other purposes.
Referred to Committee on General Judiciary No. 1.
The following bill of the House was read the first time and referred to committee:

By Mr. Goolsby of Jasper-
House Bill No. 565. A bill to abolish the office of County
Treasurer of Jasper County, Georgia; and for other purposes.
Referred to Committee on Counties and County Matters.
The hour of adjournment having arrived the President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

806

JoURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GEORGIA.
THURSDAY, MARCH 2, 1933.
The Senate met, pursuant to adjournment, at ten 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 Fetzer of the 1st District, reported that the Journal of yesterday's proceedings had been examined and found correct.
Senator Hutcheson of the 44th District gave notice that he would move that the action of the Senate on Senate Bill No. 126 be reconsidered.
The reading of the Journal was dispensed with by unanimous consent and the Journal was confirmed.
Senator Dean of the 11th District asked unanimous con-
sent that Senate Bill No. 19 5, a Bill to establish a delin-
quent Tax Commission, be withdrawn from the Committee on State of the Republic and recommitted to the Committee on General Judiciary No. 2. The consent was granted.
The following report of the Committee on Rules was read and adopted :
Mr. President:
Your Committee on Rules establishes the following order of business for today's session, immediately following the period of Unanimous Consents, to-wit:
Senate Bill No. 117.
Senate Bill No. 128.

THURSDAY, MARCH 2, 1933.

~iJ7

Senate Bill No. 137.
Senate Bill No. 151.
Senate Bill No. 155.
Senate Bill No. 163.
Senate Bill No. 165.
Senate Bill No. 177.
Senate Bill No. 183.
Senate Bill No. 190.
Senate Bill No. 197.
Senate Bill No. 202.
House Bill No. 37.
House Bill No. 38.
House Bill No. 152.
The foregoing bills to be taken up as they appear in their order in this calendar.
Each proponent of any General Bill shall be limited to ten minutes time for debate; any one selected opponent of a bill shall be limited to ten minutes time for debate; any Senator desiring to be heard upon any General Bill shall be limited to five minutes time for debate.
Respectfully submitted,
GEORGE w. FETZER,
Vice Chairman.
WM. M. LESTER,
Secretary.
Senator Key of the 28th District asked unanimous consent that Senate Bill No. 125, a bill authorizing Cities and Towns to construct and operate Water Plants, and for other purposes, be withdrawn from the Committee on Municipal

808

JoURNAL OF THE SENATE,

Government and recommitted to the Committee on General Judiciary No. 1. The consent was granted.
The following bills of the Senate were introduced, read the first time and referred to committees.

By Senator Hutcheson of the 44th District-
Senate Bill No. 230. A bill amending the Act approved August 8, 1931, to reduce the number of Assistant AttorneyGenerals, and for other purposes.
Referred to Committee on Special Judiciary.

By Senator Groover of the 49th District-
Senate Bill No. 226. A bill to reduce Professional Taxes, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Senator Groover of the 49th District-
Senate Bill No. 227. A bill to amend the Act regulating Banking in this State.
Referred to Committee on Banks and Banking.

By Senator Cail of the 19th District-
Senate Bill No. 228. A bill to provide for election of Marshal of City of Crawfordville.
Referred to Committee on Municipal Government.

By Senator Lester of the 18th District-
Senate Bill No. 229. A bill to amend the Charter of the City of Augusta and for other purposes.
Referred to Committee on Municipal Government.
Senator Carithers of the 27th asks unanimous consent that the following Senators be granted a leave of absence

THURSDAY, MARCH 2, 1933.

809

for the remainder of this week to enable them to attend the Inauguration at Washington, and the consent was granted:
Campbell of the 34th District. Lewis of the 20th District. Walter A. Sims of the 35th District. Lovett of the 16th District. Fetzer of the 1st District. Lester of the 18th District. Mrs. Susie T. Moore of the 47th District. Cason of the 22nd District. Conner of the 14th District. Baggett of the 51st District. Tuten of the 46th District. Dorminy of the 45th District. Oliver of the 48th District. Nelson of the 6th District. Carithers of the 27th District. Mr. Knox, of the 3rd District, Chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. President:
Your Committee on Privileges and Elections have had under consideration the following bills and resolutions of the Senate, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 72, do not pass.
Resolution be referred to people for ratification re-

810

JOURNAL OF THE SENATE,

garding Prohibition Amendment and Resolution of Congress.
Mr. Colson, of the 4th District, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. President:
Your Committee on Game and Fish have had under consideration the following bill, House Bill No. 602, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
COLSON,
Chairman.
Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the House and Senate, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 206, do pass.
House Bill No. 613, do pass.
House Bill No. 605, do pass.
Mr. Howard of the 2nd District, Chairman of the Committee on Municipal Government, submitted the following report:

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

THURSDAY, MARCH 2, 1933.

811

Senate Bill No. 221, by Lester of the 18th District, do pass.
House Bill No. 606, by Cartledge, Lanier and Harris of Richmond, do pass.
House Bill No. 607, by Cartledge, Lanier and Harris of Richmond, do pass.
House Bill No. 608, by Cartledge, Lanier and Harris of Richmond, do pass.
House Bill No. 509, by Williams of Bacon, do pass. House Bill No. 583, by DeKalb delegation, do pass.
House Bill No. 658, by Martin of Jackson, do pass.
House Bill No. 535, by Batchelor of Putnam, do pass.
House Bill No. 628, by Thrasher of Oconee, do pass.
House Bill No. 610, by Richmond delegation, do pass.
House Bill No. 609, by Richmond delegation, do pass.

Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report :

A;Jr. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 225. By Mr. Cason of the 22nd District, do pass.
House Bill No. 449. By Mr. ,Bush of Miller, do pass.
House Bill No. 647. By Mr. Rawlins of Ben Hill, do pass.

812

JoURNAL OF THE SENATE,

House Bill No. 578. By Mr. Crawford of Union, do pass.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

1\tir. President:

Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and House, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:

Senate Bill No. 213. By Mr. Sims of the 35th District, do pass.
Senate Bill No. 220. By Mr. Cason of the 22nd District, do pass.
Senate Bill No. 223. By Mr. Cloud of the 19th District, do pass.
House Bill No. 381. By Messrs. Hartsfield, Eckford and Still of Fulton, do pass as amended.

House Bill No. 495. By Mr. Bruton of Cook, do pass.
House Bill No. 545. By Mr. Bruton of Cook, do not
pass.

House Bill No. 547. pass.
House Bill No. 557.
pass.
House Bill No. 560. pass.

By Mr. Gaskins of Berrien, do By Mr. Townsend of Dade, do By Mr. Townsend of Dade, do

House Bill No. 590. By Mr. Courson of Brantley, do pass.
House Bill No. 625. By Mr. Barrett of White, do pass.

THURSDAY, MARCH 2, 1933.

813

House Bill No. 626. By Mr. Trapnell of Candler, do pass.
House Bill No. 627. By Mr. Trapnell of Candler, do pass.
House Bill No. 635. By Mr. Jordan of Schley, do pass.
House Bill No. 562. By Messrs. Rountree and Spivey of Emanuel, do pass.
Mr. Culpepper of the 36th District, Chairman of the Committee on Highways and Public Roads, submitted the following report :

Mr. President:
Your Committee on Highways and Public Roads have had under consideration the following Senate Bill No. 92, and Senate Bill No. 196 and Senate Resolution No. 86, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 92, do pass by substitute as amended by the committee.
Senate Bill No. 196, do pass.
Senate Resolution No. 86, do pass.
N. F. CULPEPPER, Chairman, Committee on Highways and Public Roads.

Mr. Lewis, of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 1, have had under consideration the following bills of the House, and

814

JouRNAL OF THE SENATE,

have instructed me as Chairman, to report the same back to the Senate with the recommendation that:

House Bill No. 110, do pass as amended.

House Bill No. 111, do pass as amended.

JNO. C. LEWIS,



Chairman.

Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President: Your Committee on General Judiciary No. 2 have had
under consideration the following Senate bills, and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 222, do pass. Senate Bill No. 219, do pass. Senate Bill No. 218, do pass. Senate Bill No. 217, do pass.
Senate Bill No. 216, do pass. Senate Bill No. 215, do pass. Senate Bill No. 263, do pass. Senate Bill No. 166, do pass.

Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills, Nos. 98, 99, 113, 116, 118, 208,

THURSDAY, MARCH 2, 1933.

815

and report the same back as being ready for transmission to the House.
Respectfully submitted,
w. A. ANDREWS,
Chairman.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

1\4r. President:
The House has passed by the requisite Constitutional majority the following bills of the Senate, to-wit:

By M. Sims of the 35th District-
Senate Bill No. 182. A bill to amend the pension law applicable to Police Department of the City of Atlanta, 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 Substitute as amended, to the following bill of the House, to-wit:

By Mr. Dobbins of Morgan-
House Bill No. 59: A bill to regulate the expenses of all
State Employees, and for otherpurposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House insists on its position on House Bill No. 182, known as Tag Bill, and respectfully requests the appoint-

816

jOURNAL OF THE SENATE,

ment of a Fourth Committee of Conference, on the part of the Senate, to confer with a like committee on the part of the House, on House Bill No. 182.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House has adopted by the reqmsite Constitutional majority the following resolution of the House, to-wit:

By Mr. Hand of Mitchell-
House Resolution No. 172. A resolution that when the General Assembly adjourns today, it stand adjourned until Monday morning at 10:00 o'clock.
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. Robison and Scott of Thomas-
House Bill No. 660. A bill to amend an Act of December 21, 1898, and all Acts amendatory thereof, providing for a Board of Commissioners of Roads and Revenues of the County of Thomas, describing their authority; and for other purposes.

By Mr. Claxton of Johnson-
House Bill No. 662. A bill to amend the Charter of the City of Wrightsville, in Johnson County; so as to provide that all elections shall be held at the City Hall; and for other purposes.

By Mr. Strickland of DouglasHouse Bill No. 708. A bill to repeal an Act incorporat-

THURSDAY, MARCH 2, 1933.

817

ing the Town of Lithia Springs, amending Act creating Town of Salt Springs, Douglas County; and for other purposes.

By Mr. Boyd of Greene-
House Resolution No. 125-576d. A resolution to require the State Librarian to furnish the Clerk of Superior Court and Ordinary of Greene County, missing volumes of the Court of Appeals and Supreme Court reports.

By Mr. Townsend of Dade-
House Bill No. 55 6. A bill to amend, codify, consolidate
and establish a new charter for the Town of Trenton in the County of Dade, 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 House, towit:

By Mr. Hartsfield of Fulton-
House Bill No. 559. A bill to amend an Act establishing
a new charter for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.

By Mr. Sammon of Gwinnett-
House Bill No. 572. A bill to alter and amend, revise and consolidate the several Acts of the General Assembly of Georgia, granting corporate authority to the Town of Lawrenceville; and for other purposes. '

818

JouRNAL oF THE SENATE,

By Messrs. Twitty and Stanton of Ware-
House Bill No. 639. A bill to amend an Act to revise the Health Laws of the State of Georgia, and for other purposes.

By Mr. Lane of Jenkins-
House Resolution No. 13 7-645a. A resolution authorizing and directing the State Librarian to furnish the Ordinary of Jenkins County with certain reports, and for other purposes.

By Mr. Brown of Glynn-
House Bill No. 649. A bill to amend an Act to create the office of Commissioner of Roads and Revenue in and for Gordon County, Georgia, and for other purposes.

By Mr. Brown of Glynn-
House Bill No. 650. A bill to abolish the office of Tax Receiver and the office of Tax Collector of Gordon County, Georgia, and for other purposes.

By Messrs. Thompson, Tolbert and Hendricks of Muscogee-
House Bill No. 659. A bill to amend an Act to abolish the office of County Treasurer of Muscogee 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 reqms1te Constitutional majority the following bills of the House, to-wit:

THURSDAY, MARCH 2, 1933.

819

By Mr. Rivers of Lanier-
House Bill No. 600. A bill to be entitled an Act to repeal the Act of the General Assembly of the State of Georgia approved August 26, 1931, creating the office of Lanier Commissioner and providing for his appointment, election, and recall; and for other purposes.

By Mr. Rivers of Lanier-
House Bill No. 601. A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia; to provide and qualify methods of elections, terms of office, power, authority and liability; and for other purposes.
The following resolution of the Senate, favorably reported by the committee, was read the second time:

By Senator Conner of the 14th District-
Senate Resolution No. 86. A resolution requesting the State Highway Department to pave a mile of road from Cochran to Middle Georgia College.
The following bills of the Senate, favorably reported by committees were read the second time:

By Senators Sims of the 35th District and Pottle of the 1Oth District-
Senate Bill No. 92. A bill regulating the use of highways in this State by Motor Vehicles and for other purposes.

By Senator Hutcheson of the 44th District-
Senate Bill No. 196. A bill to require the Highway Department to employ convicts in the construction and maintenance of State Aid Highway System.

820

}OURNAL OF THE SENATE,

By Senator Culpepper of the 36th District-
Senate Bill No. 206. A bill providing for four terms of the Superior Court, each year, in Meriwether County.

By Senator Sims of the 35th District-
Senate Bill No. 213. A bill regulating the issuing of Tax fi. fas. in certain counties.

By Senator Lester of the 18th District-
Senate Bill No. 221. A bill to incorporate the Village of Forest Hills, and for other purposes.

By Senator Cason of the 22nd District-
Senate Bill No. 220. A bill providing for the nomination of officers in Lamar County.

By Senator Cloud of the 19th District-
Senate Bill No. 223. A bill abolishing the offices of Tax Collector and Tax Receiver for Taliaferro County and for other purposes.

By Senator Cason of the 22nd District-
Senate Bill No. 225. A bill regulating settlements of Tax Collector of Lamar County with the State, and for other purposes.

By Senator Sims of the 35th District-
Senate Bill No. 215. A bill relating to criminal cases in permitting the filing of a Bill of Particulars in aid of indictment.

By Senator Sims of the 35th District-
Senate Bill No. 216. A bill providing for joinder of several cases against same defendant.

THURSDAY, MARCH 2, 1933.

821

By Senator Sims of the 35th District-
Senate Bill No. 217. A bill providing for joint trials of defendant jointly indicted.

By Senator Sims of the 35th District-
Senate Bill No. 218. A bill to provide for appeals by the State in certain cases.

By Senator Sims of the 35th District-
Senate Bill No. 219. A bill providing amendments to indictments in Criminal Cases.

By Senator Sims of the 35th District-
Senate Bill No. 222. A bill to provide for waiver of indictments in Criminal Cases.
The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Hartsfield, Eckford, and Still of Fulton-
House Bill No. 381. A bill to provide that the salaries of certain county officers in counties of a certain population be fixed by the Commissioners of Roads and Revenues, and for other purposes.

By Mr. Bush of Miller-
House Bill No. 449. A bill to reduce the bond of the Sheriff of Miller County, and for other purposes.

By Mr. Bruton of Cook-
House Bill No. 495. A bill to abolish the offices of Tax Receiver and Tax Collector of Cook County, Georgia, and . to create the office of Tax Commissioner of Cook County, Georgia, to fix the term and compensation of said offices; and for other purposes.

822

JouRNAL OF THE SENATE,

By Mr. Williams of Bacon-
House Bill No. 509. A bill to provide the exclusion of certain lands from the corporate limits of the city of Alma in Bacon County, Georgia, and for other purposes.
By Mr. Batchelor of Putnam-
House Bill No. 535. A bill to amend an Act to create and establish a new charter for the City of Eatonton, and for other purposes.
By Mr. Gaskins of Berrien-
House Bill No. 547. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Berrien, and all Acts amendatory thereof and for other purposes.
By Mr. Townsend of Dade-
House Bill No. 560. A bill to abolish the Board of Com-
missioners of Roads and Revenues of Dade County, and for other purposes.
By Messrs. Rountree and Spivey of Emanuel-
House Bill No. 562. A bill to amend the Act abolishing the office of County Treasury of Emanuel County, and for other purposes.
By Mr. Townsend of Dade-
House Bill No. 557. A bill to provide that the alternative four-days road law as passed by certain Acts of the Georgia Legislature, shall not be operative ~n Dade County, and for other purposes.
By Mr. Crawford of Union-
House Bill No. 578. A bill to create an Act providing

THURSDAY, MARCH 2, 1933.

823

for and requiring an annual audit of the finances of Union County; to require certain officers of the county to file financial statements; and for other purposes.

By Messrs. Turner, Lindsay, and Hudgins of DeKalb-
House Bill No. 583. A bill to amend an Act establishing a new charter for the City of Lithonia, and for other purposes.

By Mr. Courson of Brantley-
Hause bill No. 590. A bill to reduce the penalty on bond of the Sheriff of Brantley County, Georgia, and for other purposes.

By Messrs. Lane of Jenkins, Rabun of Jefferson, and others-
House Bill No. 602. A bill to require a license to fish in the Ogeechee River, and for other purposes.

By Messrs. Lanier, Harris, an.d Cartledge of Richmond-
House Bill No. 60 5. A bill to repeal an Act entitled an
Act to extend the Civil jurisdiction of certain Justices of Peace in the County of Richmond over the City of Augusta approved December 22, 1834, and for other purposes.

By Messrs. Cartledge, Lanier, and Harris of Richmond-
House Bill No. 606. A bill to repeal an Act approved August 27, 1931, entitled an Act to amend an Act approved August 17, 1925 (ACts 1925, pages 867-872), entitled an Act to amend the Act approved July 31, 1923 (Acts 1923, pages 443 and 444), entitled an Act to amend the charter of the City of Augusta, and for other purposes.

By Messrs. Cartledge, Lanier, and Harris of RichmondHouse Bill No. 607. A bill to amend an Act approved

824

}OURNAL OF THE SENATE,

August 17, 1925 (Acts 1925, pages 867-872), entitled an Act to amend the Act approved July 31, 1923 (Acts 1923, pages 443 and 444), entitled an Act to amend the Charter of the City of Augusta, and for other purposes.

By Messrs. Cartledge, Lanier, and Harris of Richmond-
House Bill No. 608. A bill to amend the Charter of the City of Augusta, Inc., as the City Council of Augusta, Georgia, so as to provide a way by which may be retired from active service on part pay an employee of the City of Augusta, Georgia, and for other purposes.

By Messrs. Cartledge, Lanier, and Harris of Richmond-
House Bill No. 609. A bill to amend an Act to combine the Board of Health of the City of Augusta with the Board of Health of Richmond County, and for other purposes.

By Messrs. Cartledge, Lanier, and Harris of Richmond-
House Bill No. 61 0. A bill to amend an Act to regulate public instruction in the County of Richmond, so as to make a certain Act entitled an Act to create a Text-Book Commission for the State of Georgia, applicable to Richmond County, and for other purposes.

By Messrs. Lanier, Harris, and Cartledge of Richmond-
House Bill No. 613. A bill to amend an Act to establish the City Court of Richmond County and to amend the laws relating to the City Court of Ri.:-hmond County, so as to reduce the salary of the Judge of said Court from $7,500.00 to $6,000.00, and for other purposes.

By Mr. Barrett of vVhite-
House Bill No. 625. A bill to amend an Act to create the office of County Treasurer of White County, to pre. scribe the powers and duties, and for other purposes.

THURSDAY, MARCH 2, 1933.

825

By Mr. Trapnell of Candler-
House Bill No. 626. A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for Candler County, and for other purposes.

By Mr. Trapnell of Candler-
House Bill No. 627. A bill to provide for the creation of a Board of Road and Revenue Commissioners in and for the County of Candler, and for other purposes.

By Mr. Thrasher of Oconee-
House Bill No. 628. A bill to incorporate the town of North High Shoals, in the County of Oconee, and for other purposes.

By Mr. Jordan of Schley-
House Bill No. 635. A bill to amend an Act approved December 13, 1871, creating a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to provide for compensation for the Commissoners of Schley County, Georgia, as well as the Clerk of said Board, and for other purposes.

By Mr. Rawlins of Ben Hill-
House Bill No. 647. A bill to amend an Act to fix the salary and prescribe the duties of the Chairman of the Board of County Commissioners of Ben Hill, and for other purposes.

By Mr. Martin of Jackson-
House Bill No. 658. A bill to amend an Act to incorporate the City of Commerce in the County of Jackson, and for other purposes.

826

JouRNAL OF THE SENATE,

Leave of absence for tomorrow was granted Senators Howard of the 2nd District, and Howard of the 24th District.
The following privileged resolutions were read and adopted:

By Senator Turner of the 7th District-
A resolution extending the privileges of the floor to Mrs. Junius A. Cason and Miss Evelyn Cason, wife and daughter of the Senator from the 22nd District.

By Senator Sparks of the 9th District-
A resolution extending the privileges of the floor to the Honorable Henry Haddock of Damascus, and to the Honorable A. Dozier of Colquitt.
The following resolutions of the House were read the third time and put upon their passage:

By Mr. Mixon of Irwin-
House Resolution No. 102-503b. A resolution that the State Librarian furnish law books to Justices of the Peace in 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 39, nays 0.
The resolution having received the requisite Constitutional majority, was passed.
By Mr. Townsend of Dade-
House Resolution No. 119-5 69a. A resolution that the State Librarian furnish law books to the Ordinary and Superior Court of Dade County.

THURSDAY, MARCH 2, 1933.

827

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, 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:

By Mr. Crawford of Union-
House Bill No. 579. A bill to reduce the p~nalty of the official bond of the Sheriff of Union County.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Park, Gillen and DeFore of Bibb-.
House Bill No. 636. A bill to fix the compensation of special criminal bailiffs of certain city 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 31, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Allen of Cobb-
House Bill No. 614. A bill to provide that salaries of certain county officers in certain counties be fixed by the Commissioner of Roads and Revenues.

828

JoURNAL OF THE SENATE,

The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, the nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Pope of Toombs-
Hause Bill No. 591. A bill abolishing the Board of Commissioners of Roads and Revenues for the county of Toombs.
The report of the commitee, 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. Pope of Toombs-
Hause Bill No. 592. A bill creating the office of Commissioner of Roads and Revenues for the County of Toombs.
The report 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. Cartledge, Lanier, and Harris of Richmond-
House Bill No. 612. A bill amending the Act creating the Board of Commissioners of Roads and Revenues for the County of Richmond, and for other purposes.
The report of the committee which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 2, 1933.

829

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. Rogers of Wayne-
House Bill No. 110. A bill to provide for holding four terms of the Superior Court of Wayne County, each year.
The committee moved to amend as follows:
No. 1. By striking from said bill Section 6 thereof and by inserting in lieu of such stricken section a new section to be numbered Section 6 which shall read as follows:
Provided that this Act shall not become effective unless a certain Act known as House Bill No. 111 and which provides that the City Court of Jesup shall be abolished is approved and ratified by the people of Wayne County, Georgia, in a special election to be held for that purpose, the said House Bill No. 111 providing that it shall not become effective until the same has been ratified and approved in said special election. In the event that said bill providing for the abolishment of said City Court of Jesup is ratified and approved at said special election then this bill shall immediately become effective, but in the event that said House Bill No. 111 is not ratified and approved at said special election then this Act becomes void and is not effective.
No. 2. Said committee further amends said House Bill No. 110 by adding a new section thereto to be numbered Section 7 and which shall read as follows:
Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the Act be and the same are hereby repealed.
Amendments were adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.

830

JOURNAL OF THE SENATE,

On the passage of the bill as amended the ayes were 40, the nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Rogers of Wayne-
House Bill No. 111. A bill abolishing the City Court of Jesup.
The committee moved to amend as follows:
No. 1. By striking from Section 3 of said bill the following words, to-wit: "and all laws in conflict herewith be in the same are hereby repealed."

No. 2. By adding a new section to said bill numbered Section 4 which shall read as follows: this Act shall not become effective until the same has first been approved and ratified by the qualified voters of Wayne County, Georgia, in a special election to be called for the purpose of submitting to the voters of said county the question as to whether or not this Act shall be approved or rejected. Within fifteen ( 15) days from the approval of the Act by the Governor the Ordinary of said County of Wayne is required to call a special election at which the qualified voters of said county shall approve or reject this Act. In said election all voters of said County of Wayne qualified to vote for members of the General Assembly shall be qualified to participate in said special election and said election shall be held under the same rules and regulations now governing elections for members of the General Assembly. It shall be the duty of the Ordinary of said County to likewise give notice of said election by publishing such notice for a period of thirty ( 30) days prior to said election in the County Gazette of said County of \Vayne and by posting a written or printed copy of said notice at the Court House door of said County. It shall be the further duty of said Ordinary to provide for the holding of said election and for managers and clerks

THURSDAY, MARCH 2, 1933.

831

to hold the same and to provide the ballots to be used in said election. The ballots used in said election shall have printed thereon the following words, to-wit: "in favor of abolishing the City Court of Jesup" and "Against abolishing the City Court of Jesup." In the event this Act is approved or ratified by a majority of voters participating in said election then the same shall become effective immediately upon such ratification or approval, but in the event this Act should not be approved or ratified by a majority of voters participating in said election then in such event the same becomes void and is not effective.
No. 3. By adding a new section numbered Section 5,
said section reading as follows:
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 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 40, the nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Mr. Kennedy of Chatham-
House Bill No. 392. A bill to amend Act fixing the salaries of Clerk and associate Judges of Municipal Court of Savannah.
The committee moved to amend as follows:
1st. By striking Section 3 of said bill.
2nd. By adding another section to said bill to be kr:wwn as Section 3, as follows:
Section 3. Be it further enacted by the authority aforesaid that Section 5 of that certain Act adopted and approved August 16, 1916, and found in Georgia Laws 1916,

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JOURNAL OF THE SENATE,

pages 292 and following, referring to the Municipal Court of Savannah, the caption of which is stated in the caption of the Act, be and the same is hereby repealed, and in lieu of said Section 5 hereby repealed another section is hereby enacted to be known as Section 5, as follows:
Section 5. Be it further enacted by the authority aforesaid, that in the event of the death or resignation of the Chief Judge of the Municipal Court of Savannah and exofficio Judge of the City Court of Savannah, his successor for the unexpired term shall be elected and appointed by the County Commissioners and ex-officio Judges of Chatham County. In the event of the death or resignation of any associate Judge of the Municipal Court of Savannah his successor for his unexpired term shall likewise be elected and appointed by the County Commissioners and ex-officio Judges of Chatham County.
3rd. By adding another section to said House Bill No. 392 to be known as Section 4, as follows:
Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same is hereby repealed.
The amendment was adopted.
The report of the committee which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended the ayes were 39, nays 0.

The bill as amended having received the requisite Constitutional majority, was passed.
Senator Hutcheson of the 44th District moved that the Senate reconsider its action yesterday in failing to pass Senate Bill No. 126, a bill to regulate the business of insurance, and the motion prevailed and the bill was restored to its place on the calendar.

THuRSDAY, MARCH 2, 1933.

833

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

By Senator Morris of the 39th District-
Senate Resolution No. 84. A resolution that the State Librarian furnish law books to the Judge of the Blue Ridge Judicial Circuit.
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, nays 0.
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 Sparks of the 9th District-
Senate Bill No. 117. A bill to provide for filling vacancies in public offices.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Sisk of the 30th District-
Senate Bill No. 128. A bill to provide for the collection, accounting and deposit of public funds, and for other purposes.
The committee offered the following substitute:
Committee Substitute for Senate Bill No. 128.

834

}OUR~AL OF THE SENATE,

A BILL
To be entitled an Act to make provtswns as to public moneys of the State and of its political sub-divisions and departments, bureaus and commissions; as to how they shall be collected, kept and accounted for by officers who in the course of their duties are required to collect, hold or account for such moneys; and as to depositories of such moneys; to make provisions as to bonds of such officers and depositories; to fix, regulate and prescribe the liabilities and rights of principals and sureties on such bonds and the basis for contribution as among them; to provide for liens as to such funds; to provide for accountings as to such funds and to provide procedures for the recovery of such funds or for the breaches of such bonds; and to give jurisdiction to the authorities of the State and its political sub-divisions over accountings and remedies for the recovery of such funds and the establishment of the liability of principal and sureties on such bonds; to prescribe penalties in connection therewith; and for other purposes.
Section 1. This Act is intended to relate to each and every public officer in this State, who by any law is required as one of the duties of his office to collect any tax, money, or other revenue for the State, or any of its political subdivisions, and for any board, commission, bureau or department thereof or to have, hold, keep or account for any tax or any other revenue or money for the State, or any of its political sub-divisions or for any board, bureau or department thereof.
Section 2. Unless the context clearly discloses a different meaning, the following words and phrases as used in this Act shall have the following meanings:
The words "collecting officer" shall include not only State and county tax-collectors and revenue agents, but also each and every other person who shall be either generally

THURSDAY, MARCH 2, 1933.

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or specially elected, appointed or employed, in whole or in part, to collect on behalf of the State or any of its political sub-divisions, or any board, commission, bureau or department thereof, any tax, revenue or other moneys.
The word "Tax-collector" shall include a tax-commissioner or other officer who performs the duties of taxcollector.
The words "officer to hold public funds" shall include not only the State Treasurer, county treasurers, the State Superintendent of Schools, county school superintendents, treasurers of school districts, but also each and every other person, by whatever name or title called, who shall be either generally or specially elected, appointed or employed, with duty, in whole or in part, to receive, hold and/or disburse on behalf of the State or any of its political sub-divisions, or of any board, commission, bureau or department, any public money or revenue.
The words "Public body" shall include not only the State, counties, school districts, drainage districts, other districts created for special purposes, but also each and every other political sub-division of the State and each and every board, bureau, commission and department of the State or any sub-division thereof, accordingly as the context may require.
The words "state authority" shall mean the officers or officers or board, bureau, commission or other person or persons who in their official capacity shall have, according to the laws of this State, the duty or jurisdiction to act on behalf of the State in the particular matter.
The words "county authority" shall mean the ordinary or the board of county commissioners or other tribunal, body or officer, having jurisdiction over the fiscal affairs of the county.
The words "proper authority" shall mean the officer,

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jOURNAL OF THE SENATE,

board, commission or other tribunal or body having the jurisdiction to act in the particular matter.
Section 3. The State authorities shall require of all collecting officers and all officers to hold public money, so far as relates to moneys or revenues of the State, to give on or before entering on the duties of their office, appointment or employment bond with good security for the faithful performance of the duties of their office and faithfully to account for all moneys coming into their hands; together with such other conditions as the laws of this State may require as to the official bond of the particular officer in question. If the State authority having supervision or control over the officer or the conduct of his office shall deem at any time that the bond given by such officer is insufficient in amount or is inadequate as to security, he shall notify such officer to give an additional bond or to increase the security and if within the time required by such State authority the officer shall fail to give the additional bond or to make adequate the security, the State authority shall, if the same be an office as to which such State authority has the jurisdiction or power to remove the incumbent, declare the office vacant, and, if it be an office as to which such State authority does not have the power to remove the incumbent, shall report the same to the Governor and thereupon, if it be an officer as to which the Governor shall have the power of removal for cause, the Governor, after giving such officer opportunity to be heard, shall have the power to declare the office vacant; or if it relate to an officer who can be removed only by impeachment proceedings, the Governor shall report the same to the General Assembly. The Governor shall have concurrent jurisdiction with all other proper authorities to require any collecting officer or any officer to hold public money to give additional bond or security. As to all tax-collectors, so far as relates to State money, the Comptroller-the purview of this section. The Governor and/or other proper State authority shall have the jurisdiction and authority to allow any collecting

THURSDAY, MARCH 2, 1933.

837

officer of the State or any officer to hold public money of the State to reduce his bond, but not below the amount required of such officer as a minimum by the laws of this State, by an order discharging the existing bonds of such officer of future liability and the giving of a new bond in the reduced amount. The Governor and/or other proper State authority shall have the jurisdiction and authority to allow any such officer to substitute a new bond for his existing bond or bonds and to discharge the existing bond or bonds as to future liability by an order to that effect.
(a) All county authorities and all other proper authorities shall, as to collecting officers and officers to hold public money, other than those dealt with in the next preceding section, have the jurisdiction and authority to require bonds of such officers, of the same kind as is prescribed in the next preceding section, and shall have the same power and authority to require such officers to increase their bonds or the security thereon, and to permit the reduction of such bonds and to give discharge to existing bonds as to future liability upon new bond being given, all in like manner as is set forth in the preceding section.
Section 4. If any such officer, upon being required to give additional bond or security, shall fail to do so within the time required, the proper authority shall, if the office be one as to which such proper authority has the power of removal, declare the office vacant; and if it be an office as to which such proper authority does not have the power of removal, the proper authority shall report the same to the Governor, or the officer having power of removal who after giving the delinquent officer opportunity to be heard, shall have the power to declare the office vacant.
Section 5. The amount of bonds of collecting officers and
officers to hold public moneys shall be in the amount fixed by the proper authority, unless the amount be fixed by existing general law, and shall be approved by the proper authority and filed as required by law. Except as herein

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JouRNAL OF THE SENATE,

otherwise stated, the proper authority to fix the amount of bonds and to approve the same is the officer or officers upon whom those duties are imposed by existing laws and where the law does not designate what officer shall perform these duties, the proper authority is the officer, board, bureau, or commission having supervision over the particular office or officer. County authorities shall be deemed the proper authorities as to fixing the amount and approving bonds of tax-collectors as to county taxes, and as to county treasurers and those acting as substitutes for county treasurers under local laws, and all other collecting officers and officers holding public funds, so far as relates to county taxes or revenue, and shall be deemed the proper authority as to requiring additional bonds or strengthening security on bonds and as to allowing reduction and/or substitution of bonds and as to discharging bonds of future liability, so far as relates to such officers.
Section 6. It shall be the duty of each and every collecting officer and each and every officer to hold public money, upon any money belonging to any public body coming into his hands, promptly to deposit the same in a bank or depository as hereinafter stated. All funds belonging to the State or any of its bureaus, commissions, boards, and/or departments shall be deposited in some designated state depository. The county authorities shall designate one or more solvent bank or banks as depositories of all county moneys and moneys belonging to the school funds of the county and of school districts therein, and of other districts therein organized for any purpose; and if the county authorities shall not have provided for such a depository, the county board of education or the trustees of any school district or the proper authorities having supervision over any other public fund may designate such a depository as to their funds; and if there be no applicable depository selected, the officer collecting or holding any public funds may select a depository. The aepository to be selected must be a National Bank or chartered bank of this State. The proper

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839

authorities shall require the depository to give bond or make deposit of securities in trust to secure such deposits as may be made in it. Any bank in this State is authorized to give such bond and/or to secure deposits of public funds by deposits of securities; and the proper authorities are authorized to make contracts with depositories as to interest or compensation of the depository. Upon any deposit of public funds being made in any bank, whether designated as a depository or not, there shall arise in favor of the public body to which such fund belongs a lien all the assets of said bank superior to all other liens for the amount of such funds. All funds of any public body upon being deposited in any bank shall be deemed to be held as a trust fund. Money of any public body deposited in any bank by any collecting officer or officer to hold public funds, though deposited in his own name, shall, if the account stand in his name in his official capacity or be marked with words or abbreviations showing his olficial title, or if the bank otherwise knows that it is public money, be deemed to be funds of a public body within the purview of this Act.
Section 7. Neither the principal nor the surety on any bond of any collecting officer or any officer to hold public funds shall be liable for the failure of such officer to account for any public money coming into his hands which he shall have deposited in any designated depository or if the proper authority shall have failed to designate a depository in any bank selected by him, if \t be deposited in the name of the public body to which it belongs or in his own name in his official title, or with his official capacity disclosed or if the bank receiving the same shall otherwise have notice of the public nature of the deposit.
Section 8. Jurisdiction to cite defaulting collecting officers, officers to hold public money, depositories and/or the sureties on their bonds, for an accounting and to issue executions against them, is conferred and vested as follows:
(a) As to statehouse officials and their sureties, assis-

840

JouRNAL OF THE SENATE,

tants and employees of any statehouse office, and their sureties, and depositories of the funds of the State or any of its bureaus, commissions, boards or departments, and their sureties-in the Governor;
(b) As to other collecting officers and officers to hold public money, so far as relates to taxes, revenues, or funds of the State or any of its bureaus, commissions, boards or departments-in the Comptroller-General;
(c) As to collecting officers and officers to hold public money, so far as relates to taxes, revenues or funds of a tounty, or any board, bureau or other tribunal or body exercising jurisdiction solely in such county, or of any school district, drainage district, or any other district in such county, and as to banks or depositories in which the taxes, revenues, or other funds or any of these have been deposited, and as to the sureties on the bonds of any of said officers, banks or depositories-in the county authority of said county;
(d) In any case not covered by the foregoing provisions-in the Comptroller-General.
Section 9. (a) Upon its coming to the attention of the official or authority having jurisdiction to cite for accounting, that a collecting officer or officer to hold public funds has been guilty of any default or breach of duty as to any tax, revenue or other public funds, or that any bank or depository in which any tax, revenue or other public funds have been deposited has failed in business or has failed to pay over on demand any such fund so deposited with it, or, whether default be alleged or not, upon the surety upon any bond of the kind dealt with in this Act, whether of an officer or of a bank or depository, filing with such official or authority having jurisdiction to cite for accounting a petition asking for the settlement of the accounts of such principal, it shall be the duty of such official or authority to cite such officer or such bank or depository and/or their

THURSDAY, MARCH 2, 1933.

841

sureties to come before the official or authority having jurisdiction over the accounting, on a day named, to make an accounting or settlement and to show cause why execution shou~d not issue, if any default be found; and shall cause such citation to be served at least ten days before the hearing; unless such service be waived, or the respondents consent in writing to shorter notice. It shall not be necessary to issue or serve citation or notice to or upon any principal or surety who has filed or has joined in filing the petition for citation, nor shall it be necessary personally to serve such citation upon any officer or other person who by absconding, absence from the State or otherwise, prevents personal service, but it shall be sufficient in such cases to perfect service by leaving a copy of the citation at the most notorious place of abode of such absconding or absent person.
(b) Any citizen or taxpayer or any public body interested in the fund in question may appear and be heard before the official or authority, at the time and place of hearing.
(c) At the time and place fixed for the hearing, or at an adjournment or continuance thereof, the officer, bank or depository cited shall file under oath a statement of his or its accounts; and if such officer, bank or depository shall fail to submit such a statement, the official or county authority shall nevertheless proceed to state it from the best information at hand. After giving opportunity to the parties at interest to be heard, the official or county authority shall proceed to render a judgment or order in the nature of a judgment, in which if no default be found it shall be so stated and if default be found, stating the amount of the same and ordering execution to issue therefor. If the officer whose accounts are under review is a tax-collector, the procedure in the judgment or order thereunder shall be in accordance with the provisions hereinafter specially made as to settling accounts of tax-collectors.

842

JoURNAL OF THE SENATE,

(d) Jurisdiction is hereby conferred upon the official or county authority having jurisdiction in the matter to issue subpoenas and to compel the attendance of witnesses and production of books and documents in behalf of any party and if any person shall disobey any such subpoena or order to produce, the official or county authority shall certify the refusal to the judge of the superior court of the county where the hearing is had, who shall punish the offender as for contempt of the superior court.
(e) Unless an appeal be taken, as herein provided, such judgment or order shall be conclusive on the public bodies interested, and on the officer, bank or depository and their privies, and upon the sureties on their bond, if cited and notified, as to the existence, amount and extent of such liabi'lity.

(f) Any public body interested in the fund or the alleged defaulting officer, bank or depository or a surety on the bond shall have the right to appeal to the superior court of the county, if the judgment or order be by the county authorities or relate to taxes or funds local to that county, or to the Superior Court of Fulton County if the judgment or order be by the Governor or Comptroller-General (except as to taxes or funds local to a county) by filing within 20 days from the date of judgment with the official or county authority rendering the judgment or order an appeal, accompanied (except in case of appeals by a public body) by bond with good security conditioned to pay the eventual condemnation money; and such official or county authority shall transmit the appeal to the clerk of the superior court of the proper county, as stated above, who shall docket the same; and the superior court shall proceed to try the issues de novo; the procedure after the 1iling of the appeal with the clerk of the superior court being the same as in appeals to the superior court from justice courts, with similar right to motion for a new trial and writ of error to the Supreme Court or Court of Appeals as ordi-

THURSDAY, MARCH 2, 1933.

843

narily exists in appeal cases tried in the superior courts; and the costs in the superior court and in the appellate courts shall be the same as in other appeal cases. The filing of the appeal with bond, when herein required, with the official or county authority shall operate as a supersedeas as in other cases of appeal.
(g) When any officer, to whom this Act relates, shall succeed himself in office or within one year prior to the date this Act goes into effect has succeeded himself in office, or has been elected to succeed himself for a subsequent term, such officer or the surety on his bond either for the current term or for the term which has or shall have expired, or for a term about to begin, may file with the official or the county authority having jurisdiction to cite for accounting a petition asking that an accounting be had as to the acts and doings of such officer during the term which has ended or is about to end, and thereupon such official or county authority shall cause citation to issue and be served on the officer and the sureties on his bonds, for both terms, except such of them as shall be party to or join in the petition, and such further proceedings shall be had as are provided for herein in cases of citation for accounting. In the order or judgment rendered by the official or county authority conducting the accounting or, in case of appeal, in the judgment of the court, the condition of the accounts of such officer shall be stated as between the two terms and as between the sureties for the respective terms, and the order or judgment shall set the terms upon compliance with which the sureties on the bond for the expired or expiring term shall be discharged of liability as to taxes, revenues and public moneys, and shall also settle and determine between the sureties in the respective bonds the matters for which each are or may be liable. The judgments or orders in the nature of a judgment rendered by the official or the county authority having the jurisdiction in any such proceeding, unless changed on appeal, and the final judgment in case of appeal, shall have the con-

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JouRNAL OF THE SENATE,

elusive effect of judgments of a court of competent JUriSdiction.
(h) The official or county authority having jurisdiction to cite for accounting may without issuing or serving citation or notice, issue or cause to be issued an execution against any defaulting collecting officer, or officer to hold public funds or any bank or depository, in which public funds have been deposited, and/or the sureties on the bonds of any of them, for default as to any of the matters as to which such officer, bank depository or surety might be cited, and for the amount of the loss sustained by the public body or public bodies alleged in such execution to be sustained through such default; and such execution shall be prima facie evidence of the facts, including the amount of loss sustained, therein recited, and shall be enforceable as an execution for said amount; provided, nevertheless, that as to such an execution its enforcement may be arrested by proceedings in equity or, after levy, by affidavit of illegality, in which the defendant in fi. fa. whose property has been levied on shall deny liability for the amount set out in such execution or some part thereof. The affidavit of illegality shall be returned by the levying officer to the superior court of the county in which the alleged defaulting officer resides, except illegalities to such executions issued for delinquency as to state funds, other than an alleged default by a tax-collector, shall be returned to the Superior Court of Fulton County. On the trial of the case, whether in equity or on affidavit of illegality, the burden of proof shall be on the official o:r authority issuing the execution. At least twenty days prior to the trial, if the defendant in execution shall so demand, at the time of filing the affidavit of illegality, or his action in equity, the officer or authority issuing the execution shall file in the court a bill of particulars showing in detail the nature of the default or delinquency claimed. Any other person, corporation or public body at interest may on his or its own motion or on motion of either party to the cause be made a party thereto, and

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845

be bound by the final judgment. Such an execution shall become final process against any defendant in execution named therein who shall endorse thereon, in writing, his admission of the correctness of the same and an agreement that the same shall proceed against him as final process; but such admission shall not be binding on any one except the person or corporation signing the same.
( i) Nothing herein shall be construed as preventing the obligee in any such bond from maintaining an action at law or in equity thereon, when the official or county authority having jurisdiction to issue citation shall not have begun a proceeding thereon by ordering citation or execution to
ISSUe.
Section 10. Annually on or before April 20th of each year, unless the time be extended by the Comptroller-General for cause which said Comptroller-General shall deem to be sufficient, each tax-collector shall make and file an accounting with the Comptroller-General as to State taxes and with the county authority of his county as to county taxes for the preceding year, in which the accounts of said tax-collector are fully stated, and uncollected items on the digest of such preceding year shall be listed in detail; and the tax-collector shall set opposite each item the reason why the same has not been collected and the name of the officer in whose hands the tax-execution is, or if no execution has been issued, the reason why it has not been issued, and such further information as the Comptroller-General or the county authority, as the case may be, shall require. If the Comptroller-General or the county authority, as the case may be, shall find that all collections made to the date of the accounting have been properly accounted for by the tax-collector, an order to that effect shall be entered by the Comptroller-General or the county authority as the case may be; but if it appear that there is any default in accounting for collections made, the tax-collector and his sureties shall be promptly cited, as in this Act provided for, to make

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JoURNAL OF THE SENATE,

good such default. The Comptroller-General and the county authority shall have the jurisdiction and power to correct all errors in digest, and to order abatement or cancellation of taxes erroneously assessed and to make other adjustments in the digests of similar nature and to reflect the same in the account as stated. As to uncollected items not relieved against, in the manner stated, the ComptrollerGeneral or the county authority, as the case may be, shall proceed to ascertain whether failure to collect the same or any part of the same has been due to negligence or bad faith on the part of the tax-collector, and if the ComptrollerGeneral or the county authority be of the opinion that there is sufficient evidence of negligence or bad faith to justify a citation as for a default, citation shall be ordered against the tax-collector and his sureties; otherwise, and unless a default in properly accounting for collections made appears, the accounts of the tax-collector shall be approved; and though the account be disapproved in part, if there be uncollected items as to the failure of collection of which no negligence or bad faith on the part of the tax-collector appears, the Comptroller-General or county authority shall approve as to them and in detail shall state wherein the account is approved and wherein, and for what reasons, the same is not approved. An approved account or approved part of an account shall be prima facie conclusive, as of the date of the approval of its correctness; and unless its correctness be challenged in some citation or in some action in law or in equity brought within two years from the date of such approval, shall be absolutely conclusive of the correctness of the account or the approved parts thereof, as of the date of the approval.
(a) If the tax-collector fails to submit his account for settlement by April 20th or within such further time, not exceeding four months, as shall be allowed by the Comptroller-General, or if on examination of the account, defaults are ascertained, which are not promptly cured by the tax-collector, the Comptroller-General or the county author-

THURSDAY, MARCH 2, 1933.

847

ity shall report the same to the Governor, who, after giving the tax-collector opportunity to be heard (unless the taxcollector absconds or absents himself from the State or otherwise cannot be given notice) shall have the power to suspend him or remove him from office; and the Comptroller-General and/or the county authority shall proceed to cite the delinquent tax-collector and his surety.
(b) The surety on the bond of the tax-collector shall also have the right to report the failure to account or the default alleged by the Comptroller-General or the county authority to the Governor and to demand a release from future liability on the bond of such tax-collector. The Governor shall thereupon order the tax-collector to make a new bond or bonds within a time to be set not exceeding thirty days; and upon his default in so doing the Governor shall declare the officer removed and the office vacant. Upon the office being declared vacant or upon the new bond being given, the moving surety shall be discharged from all future liability. Unless the Governor shall require that the sureties on the new bond shall assume concurrent liability with the sureties on the old bond, the sureties on the new bond shall be liable only for future defaults and the sureties on the old for the pre-existing defaults.

(c) In case a tax-collector has been succeeded in office by another person, a list of the uncollected items of tax appearing in the account of the outgoing tax-collector at the time of the accounting as stated above shall be furnished by the Comptroller-General or the county authority to the tax-collector then in office and it shall thenceforth be his duty, as the taxes are collected, to pay to the outgoing taxcollector one-half of the commissions and to retain for his services one-half, the commissions to be calculated as if the amounts had been collected by the outgoing tax-collector; and the outgoing tax-collector shall no longer have the right or the duty to collect the taxes or to enforce the executions issued therefor, but all uncompleted duties in respect

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JouRNAL OF THE SENATE,

thereof shall pass to the successor. The outgoing tax-col. lector and his sureties on his bond shall, upon his delivery of such books and papers in his office as relate to the uncollected taxes to his successor be discharged of liability except
for defaults existing prior to that time.
(d) If a tax-collector and/or his sureties be held liable on proceedings by citation, or on appeal or in any other form of action at law or in equity for having failed by reason of his negligence or bad faith to collect any taxes, the tax-collector or his surety paying off any liability thus established shall be entitled to have the tax-execution or executions transferred to him; and where such execution or exerutions relate both to State and county taxes, the Comptroller-General and the county authority and either or both of them shall have authority to make the transfer as to both State and county taxes and any other tax included in the execution; and as to such taxes the tax-collector or his surety paying the judgment, order or decree, fixing liability for the same, shall be subrogated to all the rights of the State, county and/or other public body for whose benefit the tax was levied.
Section 11. No action (whether at law or in equity or by citation or issuance of ex parte execution as herein provided for) on the bond of such collecting officer or officer to hold public funds or bank or depository shall be maintained unle~s the action or proceeding be begun in six years from the date the alleged cause of action accrued; nor against any surety thereon unless within three years from the date this Act goes into effect or within three years from the date the alleged cause of action accrues, suit shall have been begun against the surety, or citation shall have been issued against the surety by the official or county authority having jurisdiction to cite, or execution shall have issued against the surety as herein provided for, on account of the alleged breach of the bond.

THURSDAY, MARCH 2, 1933.

849

Section 12. Upon breaches of the bond of any officer, bank or depository, interest shall run against the principal on the bond at the rate of 7% per annum from the date of the breach, and against the surety at the same rate from the date of the demand on the surety. If the breach involves dishonesty on the part of the officer or bank, the official or county authority having jurisdiction to cite the officer or any court acquiring jurisdiction over the subjectmatter may, as against the offending principal in the bond, impose also an additional penalty of not more than 10% of the amount of the loss and a reasonable sum for attorneys' fees. This penalty and award of attorneys' fees may also be imposed upon the surety by any court acquiring jurisdiction of the subject-matter in the event it be shown that the surety has acted in bad faith and has been vexatiously litigious, or that it has filed defensive proceedings for delay only. Provisions of existing law imposing higher rates of interest or penalties upon principals or sureties upon any of such bonds are superseded by the provisions of this section.
Section 13. Neither a tax-collector nor his surety shall be liable for failure to collect any state or county or other taxes from delinquent taxpayers if he or his surety shall make, if it appear (a) that by reason of the insolvency of the taxpayer the tax-collector could not by ordinary care and diligence collect the same; (b) or that the tax-collector with ordinary diligence issued execution and placed it in the hands of the sheriff or other officer having power to levy the same, and that failure to realize the money thereon was due to no fault of such tax-collector; (c) or that his failure to collect such taxes promptly was due to obedience to instructions from the Comptroller-General as to State taxes, or of the county authorities as to county taxes; (d) or that he was prevented from the collection of the taxes by legal proceedings.
Section 14. Where any collecting officer or officer to hold

850

JouRNAL OF THE SENATE,

public money, bank depository, gives an additional bond or adds new security during his term, the bond and securities in force at the time shall be liable for defaults occurring prior to the time the additional bond or security is given, and the existing bond or security and the additional bond or security shall be jointly and severally and concurrently liable for subsequent defaults; but, if the order requiring a new bond so provides, the sureties on the old bond or bonds shall be discharged from future liability and the new bond alone shall be liable therefor. However, if the new bond so provides it may assume concurrent liability with the old bond as to defaults occurring prior to the date of its being given, or, if the officer having the duty of approving the bond so consents, the new bond may assume sole liability from a date prior to the time of its being filed, and the old bond or bonds may be discharged of liability from the date as of which such new bond is operative.
Section 15. Any judgment or execution issued in pursuance of this Act or in any action at law or in equity against the principal or surety upon any bond of any of the officers, banks or depositories dealt with herein, shall have the effect of preserving and be a means of enforcing the liens created by the laws of this State, including this Act, upon the property and assets of principal and sureties on the bonds of officers and depositories and the assets of banks. Upon the payment of the amount of such judgment or execution by any surety or other person, either the official or county authority issuing the same or any officer authorized to levy the execution shall, at the request of the person or corporation making the payment, transfer the judgment and/or execution to such person or corporation or his or its order, and the transferee shall be entitled to enforce the same and the lien therein represented; provided that, in order, to preserve the lien as against subsequent bona fide purchasers for value, the judgment or execution shall be entered on the general execution docket as if it were a common-law execution. Any sale or transfer of any part of its

THURSDAY, MARCH 2, 1933.

851

assets by a bank to an innocent purchaser for value in ordinary course of business prior to the institution of a proceeding against said bank, through which the lien may be preserved or enforced, shall pass to the purchaser or transferee such assets free from the lien herein created.
Section 16. Whenever any of the officers with whom this Act deals shall become non compos mentis or die, the guardian or personal representative of such insane or deceased officer shall be a sufficient party to any proceeding hereunder in lieu of such insane or deceased officer. Upon a tax-collector dying or being adjudged insane, or being removed or suspended from office, the unfinished duties of all terms in which he shall have served shall pass to his successor, then in office, or next selected or appointed.
Section 17. This Act has no reference to any liability which any of the officers herein dealt with may incur to any private person, but only refers to taxes, revenues and other public funds, and to liabilities therefor to public bodies.
Section 18. The general provisions of this Act shall apply to municipalities and the collecting officers and officers to hold public funds thereof, to depositories of such funds and to bonds and sureties of such officers and depositories, and the governing body of the municipality shall have the same jurisdiction, powers and duties under this Act in respect of such municipalities, their officers, funds, depositories and sureties on bonds of officers, agents and depositories as the county authorities have in respect of county officers, funds, depositories and sureties on bonds; and the judgment of the governing body of a municipality rendered on proceedings by citation or waiver of citation shall have the same force and effect as is given hereunder to like judgments rendered by county authorities, with like right of appeal.
Section 19. The provisions of this Act shall apply to existing bonds so far as they can be applied without violat-

852

JouRNAL oF THE SENATE,

ing any provision of the Constitution of this State or of the United States.
Section 20. Conflicting laws are repealed.
The committee offered the following amendment:
Amend the Committee Substitute for Senate Bill No. 128 by adding the following at the end of Section 6:
No proper authority, nor, when the proper authority consists of a board or tribunal, any member of such board or tribunal, shall, where acting in good faith, incur any liability by reason of designating any depository or taking any other official action required of such proper authority under this Act.
The committee offered the following amendment: Amend by adding at end of Section 9 of the Committee Substitute for Senate Bill No. 128:
(k) In any proceeding for accounting under this Act there may be joined originally or by amendment, either before or after appeal, all such officers, depositories, banks and securities on bonds of any of them, as shall be necessary or proper to the full determination of any matter in controversy, and especially (but without limiting the generality of the foregoing) for determining the respective liabilities as between an officer and some other officer, or between an officer and a bank or depository, or between them or any of them and the sureties of any of them, or between sureties of any of them, but the proper authority and/or any court which shall have acquired jurisdiction thereof by appeal or otherwise shall have the jurisdiction to determine completely the respective liabilities of the parties as among themselves, as well as the liability of any officer, bank or depository and sureties to the public body or bodies involved. The jurisdiction given hereunder shall extend not only to the compelling of an officer and/his sureties to account for taxes or other public money which he has in fact

THURSDAY, MARCH 2, 1933.

853

collected, but for money which it was his duty to collect and which, in the exercise of good faith and ordinary diligence he should have collected; and may be exercised against any public officer who has received or collected money of any public body, whether it was a part of his official duty to receive it or collect it or not.
Senator Rivers of the 15th District offered the following amendment to the substitute: "Section 6, by striking the words beginning in line 14, 'The depository to be selected must be a National Bank or chartered bank of this State.' "
Senator Pottle of the 1Oth District moved to amend the substitute by adding this omission: "The Comptroller-General shall be deemed to be a proper authority within the.''
The President left the Chair. Senator Colson of the 4th District presided.
Committee amendments No. 1 and No. 2 were adopted.
The amendment of the Senator from the 1Oth District was adopted.
The amendment of the Senator from the 15th District was adopted.
The question was on the adoption of the committee substitute as amended, and the substitute as amended was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.
On the passage of the bill by substitute as amended the ayes were 28, nays 0.
The bill by substitute as amended having received the requisite Constitutional majority, was passed.
By unanimous consent Senate Bill No. 128 was ordered immediately transmitted to the House.

854

JOURNAL OF THE SENATE,

The following resolution of the Senate was read and adopted:

By Senators Pottle of the 1Oth District, and Colson of the 4th District-
Senate Resolution No. 94. A resolution expressing the profound regret of the Senate on the sudden death of United States Senator Thomas J. Walsh.
The President of the Senate now returned to the Chamber accompanied by His Excellency Governor B. M. Miller of Alabama and the Honorable John W. Lapsley and the Honorable Claud Scruggs, members of the upper House of the State of Alabama, whom he escorted to the stand and introduced to the Senate. The Governor of Alabama addressed the Senate. Senator Lapsley of Alabama expressed his pleasure at being here and Senator Scruggs made a brief address.
The President of the Senate then withdrew from the Chamber with the distinguished guests from Alabama.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Dorminy of the 45th District-
Senate Bill No. 13 7. A bill to further provide for qualifications of Judges and Jurors in civil cases.
Senator Key of the 28th District moved to amend Senate Bill No. 137 by adding the word "case" after the word "civil" and before "in," in line 6 of Section 1.
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, nays 0.

Tm;RsDAY, MARCH 2, 1933.

855

The bill as amended having received the requisite Constitutional majority, was passed.
By unanimous consent the bill was ordered immediately transmitted to the House.

By Senator Dean of the 11th District-
Senate Bill No. 151. A bill to authorize the State to furnish hog serum to farmers.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senators Mallett of the 26th District, and Haralson of the 40th District-
Senate Bill No. 165. A bill to amend the Acts regulating fishing.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senators Jackson of the 21st District, Boyd of the 33rd District, and Terrell of the 37th District-
Senate Bill No. 183. A bill to regulate the sale of eggs, poultry and dairy products.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.

856

JoURNAL OF THE SENATE,

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

By Senator Boyd of the 33rd District-
Senate Bill No. 190. A bill to require civil divisions of the State to file 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 28, nays 1.
The bill having received the requisite Constitutional majority, was passed.

By Senators Turner of the 7th District, Culpepper of the 36th District, and Fudge of the 8th District-
Senate Bill No. 202. A bill to regulate broadcasting stations.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Morris of the 39th District-
Senate Bill No. 152. A bill to amend Section 1868 of the Civil Code as to weights in barrels and sacks, and for other purposes.
Senator Morris of the 39th District offered the following amendment: "By adding a section to be numbered two, which will read as follows: Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed."
The amendment was adopted.

THuRSDAY, MARCH 2, 1933.

857

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 27, nays 0.
The bill as amended having received the requisite Constitutional majority, was passed.
The following bills of the Senate were read the third time and taken up for passage, but by unanimous consent were referred to the Committee on Rules to be returned to the calendar:
Senate"Bill No. 155, to regulate narcotic drugs.
Senate Bill No. 163, to relieve unemployment.
Senate Bill No. 177, to define crops and growing crops.
Senate Bill No. 197, to regulate the sale of white wheat flour.
By unanimous consent the following bills of the Senate were ordered immediately transmitted to the House:
Senate Bills No. 151, No. 165, No. 183, No. 190, No. 202 and No. 152.
Senator Jackson of the 21st District asked unanimous consent that House Bill No. 263, a bill by Mr. Middlebrooks of Jones as to mortgages on growing crops, be read the second time and the consent was granted and the bill was read the second time.
Senator Key of the 28th District moved that when the Senate adjourns today it stand adjourned until nine o'clock tomorrow morning, and the motion prevailed.
The following bills of the House were read the third time and put upon their passage:

858

jOURNAL OF THE SENATE,

By Messrs. Lanham, Davis and Crawford of Floyd-
House Bill No. 37. A bill to amend Section 3 of the Penal Code as to kidnaping.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Lanham, Davis and Crawford of Floyd-
House Bill No. 38. A bill to amend Section 260 of the Penal Code as to perjury.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Park, Gillen and DeFore of Bibb-
House Bill No. 152. A bill to make it a felony to enter an automobile for purpose of theft.
The report of the committee, which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following Bills of the House were read the first time and referred to Committees.

By Messrs. Robertson and Scott of ThomasHouse Bill No. 660. A bill to amend the Act creating a

THURSDAY, MARCH 2, 1933.

859

Board of Commissioners of Roads and Revenues for the County of Thomas.
Referred to Committee on Counties and County Matters.

By Mr. Claxon of Johnson-
House Bill No. 662. A bill to amend the charter of the City of Wrightsville, in Johnson County, and for other purposes.
Referred to Committee on Municipal Governme,nt.

By Mr. Strickland of DouglasHouse Bill No. 708. A bill repealing the act incorporat-
ing the Town of Lithia Springs, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Townsend of Dade-
House Bill No. 55 6. A bill amending and establishing a new charter for the Town of Trenton in the County of Dade, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Hartsfield of Fulton-
House Bill No. 559. A bill amending the Act establishing a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Sammon of GwinnettHouse Bill No. 572. A bill to alter and amend the Acts
of General Assembly, creating the Town of Lawrenceville.
Referred to Committee on Municipal Government.

860

JoURNAL OF THE SENATE,

By Messrs. Twitty and Stanton of Ware-
House Bill No. 639. A bill to amend Act to revise the Health Laws of the State of Georgia.
Referred to Committee on Hygiene and Sanitation.

By Mr. Brown of Glynn-
House Bill No. 649. A bill to amend an Act to create the office of Commissioner of Roads and Revenues in and for Gordon County, Georgia.
Referred to Committee on Counties and County Matters.

By Mr. Brown of GlynnHouse Bill No. 650. A bill abolishing the office of Tax
Receiver and Tax Collector of Gordon County. Referred to Committee on Counties and County Matters.
By Messrs. Thompson, Tolbert and Hendricks of Muscogee-
House Bill No. 659. A bill to amend an Act to abolish the office of County Treasurer of Muscogee County.
Referred to Committee on Counties and County Matters.

By Mr. Rivers of Lanier-
Hause Bill No. 600. A bill to repeal the Act creating the office of Lanier Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Rivers of Lanier-
Hause Bill No. 601. A bill to create a Board of Commissioners of Roads and Revenues for the County of Lanier, and for other purposes.

THURSDAY, MARCH 2, 1933.

861

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. Boyd of Greene-
House Resolution No. 125-576d. A resolution directing the State Librarian to furnish the Clerk of Superior Court and Ordinary of Green County, certain law books.
Referred to Committee on Public Library.

By Mr. Lane of Jenkins-
House Resolution No. 13 7-645a. A resolution authorizing the State Librarian to furnish the Ordinary of Jenkins County with certain reports.
Referred to the Committee on Public Library.
The Chair announced that the hour of adjournment had arrived and that the Senate stood adjourned, under a motion adopted earlier in the session, until nine o'clock tomorrow mornmg.

862

JoURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GEORGIA. FRIDAY, MARCH 3RD, 1933.

The Senate met pursuant to adjournment, at eleven o'clock a. m. this day, and was called to order by the President.

Prayer was offered by the Reverend Doctor T. M. Luke, of the Christian Church.

By unanimous consent the calling of the roll was dis-

pensed with.



Senator Cloud of the 19th District, reported that he had examined the Journal of the preceding session and found it correct.

The Journal was confirmed.

Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

lvlr. President:
Your Committee on Counties and County Matters have had under consideration the following Bills of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 228. By Mr. Cloud of the 19th District, do pass.
House Bill No. 659. By Messrs. Thompson, Tolbert and Hendricks of Muscogee, do pass.
House Bill No. 708. By Mr. Strickland of Douglas, do pass.

FRIDAY, MARCH 3, 1933.

863

Mr. Hubbard of the 31st District, Chairman of the Committee on Education and Public Schools, submitted the following report :

Mr. President:

Your Committee on Education and Public Schools have had under consideration the following Bills and Resolutions of the Senate and House and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:

Senate Bill No. 114. By Senator McWhorter of the 50th District and others, do pass as amended.

Senate Bill No. 184. By Senator Hubbard of the 31st

District and others, do pass.



Senate Resolution No. 68. By Senator McWhorter of the 50th District and Senator Hubbard of the 31st District, do pass by Committee Substitute.

House Resolution No. 76. By Messrs. Mixon of Irwin, Calhoun of Wilkes and others, do not pass.

Mr. President:

Your Committee on Engrossing has read and approved the following Senate Bills, Nos. 117, 151, 152, 137, 165, 183, 190 and 202, and report the same back as being ready for transmission to the House.

Respectfully submitted,
w. F. ANDREWS,
Chairman.
The following Bills of the Senate, favorably reported by the Committees, were read the second time:

By Senators McWhorter of the SOth District, Hubbard of the 31st District-
Senate Bill No. 68. A bill proposing to the people of

864

JouRNAL OF THE SENATE,

Georgia for ratification or rejection by them an amendment to Article 8, Section 4, Paragraph 1, of the Constitution of Georgia.

By Senators Tuten of the 46th District, Hubbard of the 31st, and others-
Senate Bill No; 114. A bill to revise, simplify, and rewrite the School Code of Georgia, in compliance with the provisions of the resolution approved August 27, 1931 to revise the school laws of the State; and for other purposes.

By Senator Fetzer of the 1st District-
Senate Bill No. 166. A bill to amend Sections 1008 and 1087 of the Civil Code relating to tax returns.

By Senators Hubbard of the 31st District, Jackson of the 21st District, Cloud of the 19th District-
Senate Bill No. 184. A bill to amend an Act entitled "The Act to codify the School Laws of the State of Georgia" by specifying the amount which may be borrowed by County Boards of Education for the operation of schools.

By Senator Cloud of the 19th District-
Senate Bill No. 228. A bill to provide for the election of marshal and night-watchman of the City of Crawfordville.
The following Bills of the House, favorably reported by the Committees, were read the sec-ond time:

By Messrs. Thompson, Tolbert and Hendricks of Muscogee-
House Bill No. 659. A bill to amend an Act to abolish the office of County Treasurer of Muscogee County, Georgia, and for other purposes.

FRIDAY, MARCH 3, 1933.

865

By Mr. Strickland of Douglas-
House Bill No. 708. A bill to repeal an Act incorporating the Town of Lithia Springs, amending Act creating Town of Salt Springs, Douglas County; and for other purposes.
The following Bills of the House were read the third time and put upon their passage-

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 583. A bill to amend an Act establishing a new charter for the City of Lithonia.
The report of the committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Courson of Brantley-
House Bill No. 590. A bill to reduce the penalty on bond of the sheriff of Brantley County.
The report of the committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 28, 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 Culpepper of the 36th District-
Senate Bill No. 206. A bill to provide for four terms per annum of the Superior Court of Meriwether County.

866

JouRNAL OF THE SENATE,

The report of the committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill, the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Sims of the 35th District-
Senate Bill No. 213. A bill to regulate 1ssumg of tax fi. fas. in counties of 200,000 population.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The 'bill having received the requisite Constitutional majority, was passed.

By Senator Cason of the 22nd District-
Senate Bill No. 220. A bill to provide for the nomination of candidates for county offices in Lamar County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, nays 0.
The hill having received the requisite Constitutional majority, was passed.

By Senator Lester of the 18th District-
Senate Bill No. 221. A bill to incorporate Village of Forest Hills, in Richmond County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, nays 0.

FRIDAY, MARCH 3, 1933.

867

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

By Senator Cloud of the 19th District-
Senate Bill No. 223. A bill to abolish offices of Tax Receiver and Tax Collector of Taliaferro County; to create office of Tax Commissioner for 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 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By unanimous consent Senate Bill No. 223 was ordered immediately transmitted to the House.

By Senator Cason of the 22nd District-
Senate Bill No. 225. A bill to regulate settlements by the Tax Collector of Lamar County with the State, Lamar County and the various school districts; to provide for nominations of candidates for Tax Commissioner of Lamar County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, 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. Hartsfield, Eckford and Still of Fulton-
House Bill No. 381. A bill to provide for salaries of certain county officers of certain counties.

868

jOURNAL OF THE SENATE,

The committee offered the following amendment: "By
adding thereto a paragraph to be known as No. 4 Yz to read
as follows: Provided that the Board of Commissioners of Roads and Revenues or other administration authorities of said counties shall pay no salary to any official, or employee in excess of the sum of five thousand dollars per annum, either directly or indirectly."
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, nays 0.
The bill as amended, having received the requisite Constitutional majority, was passed.

By Mr. Bush of Miller-
House Bill No. 449. A bill to reduce the bond of the sheriff of Miller 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 26, nays 0. The bill having received the requisite Constitutional majority, was passed.

By Mr. Bruton of Cook-
House Bill No. 495. A bill to abolish the offices of Tax Receiver and Tax Collector of Cook 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 27, nays 0.

FRIDAY, MARCH 3, 1933.

869

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

By Mr. Gaskins of Berrien-
House Bill No. 547. A bill to amend the Acts relating to the Commissioners of Roads and Revenues of 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 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Townsend of Dade-
House Bill No. 55 7. A bill to provide that the alternative four day road law shall not apply to Dade County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Townsend of DadeHouse Bill No. 560. A bill to abolish the Board of Com-
missioners of Roads and Revenues of Dade County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

870

JoURNAL OF THE SENATE,

By Messrs. Rountree and Spivey of Emanuel-
House Bill No. 562. A bill to amend the Act abolishing
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 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Crawford of Union-
House Bill No. 578. A bill to provide for annual audit of the finances of Union 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 26, 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. Williams of Bacon-
House Bill No. 509. A bill providing for the exclusion of certain lands from the corporate limits of the City of Alma.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.

FRIDAY, MARCH 3, 1933.

871

By Mr. Batchelor of Putnam-
House Bill No. 53 5. A bill amending the Act creating the charter for the City of Eatonton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 605. A bill repealing the Act extending jurisdiction to certain Justices of Peace in Richmond County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 606. A bill to repeal the Acts amending the charter of the City of Augusta, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 607. A bill to. amend the Acts amending the charter of the City of Augusta, and for other purposes.

872

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 608. A bill amending the charter of the City of Augusta, relative to retirement of City 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 26, the nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 609. A bill amending the Act creating the Board of Health so as to combine the City and County Boards of Health 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 610. A bill creating a Text Book Commission for the State of Georgia, applicable to Richmond County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.'

FRIDAY, MARCH 3, 1933.

873

On the passage of the bill, the ayes were 28, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Cartledge, Harris and Lanier of Richmond-
House Bill No. 613. A bill reducing the salary of the City Court Judge of Richmond County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Barrett of White-
House Bill No. 625. A bill amending the Act creating the office of Treasurer of White 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 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Trapnell of Candler-
House Bill No. 626. A bill abolishing the Commissioners of Roads and Revenues for Candler County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.

874

JouRNAL OF THE SENATE,

By Mr. Trapnell of Candler-
House Bill No. 627. A bill creating a Board of Commissioners of Roads and Revenue for the County of Candler.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Thrasher of Oconee-
House Bill No. 628. A bill to incorporate the Town of North High Shoals in Oconee County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Jordan of Schley-
House Bill No. 635. A bill amending an Act so as to provide for the Compensation of Commissioners in Schley County as well as the clerk of said board.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Rawlins of Ben HillHouse Bill No. 647. A bill amending the Act fixing the

FRIDAY, MARCH 3, 1933.

875

salary of the Chairman of the Board of County Commissioners of Ben Hill 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 27, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Martin of Jackson-
House Bill No. 65 8. A bill to amend the Act incorporating the City of Commerce, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.
Senator Colson of the 4th District moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

876

JouRNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GEORGIA.
SATURDAY, MARCH 4TH, 1933.
The Senate met, pursuant to adjournment, at ten 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 Key of the 28th District reported that he had examined the Journal of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with and the Journal was confirmed.
The following bill of the Senate was introduced, read the first time and referred to the Committee on Education:
By Senator Hubbard of the 31st District-
Senate Bill No. 231. A bill to allocate 60 per cent of motor vehicle fees to common schools.
The following joint resolution of the Senate was read and adopted :
By Senators Key of the 28th District, Morris of the 39th District and Turner of the 7th District-
Senate Resolution No. 95. A resolution providing for the appointment of a committee from the Senate and House to consider and recommend legislation in connection with the present financial emergency in the State, and for other purposes.
The President appointed as a committee on the part of

SATURDAY, MARCH 4, 1933.

877

the Senate, under the above resolution, Senators Key of the 28th District, Turner of the 7th District and Morris of the 39th District.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

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

By Messrs. Key of the 28th District, Morris of the 39th District and Turner of the 7th District-
Senate Resolution No. 95. A resolution providing for
the appointment of a committee from the Senate and House to consider and recommend legislation in connection with the present financial emergency, and for other purposes.
Senator Key of the 28th District moved that the Senate agree to the following House amendment to Senate Joint
Resolution No. 95, and the motion prevailed:
"Amend Senate Joint Resolution No. 95 by providing
that the Speaker of the House and the President of the Senate shall also be members of said committee, and that the Governor shall also be ex-officio a member. Be it further amended to provide that said committee report as soon as possible."
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 Senate Resolution No.
95, the following members of the House, to-wit:

Messrs. Harris of Richmond, Chairman; Mundy of

878

JouRNAL OF THE SENATE,

Polk, Park of Bibb, Peters of Meriwether and Robison of Thomas.

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. 182. Respectfully submitted, G. C. ALsTON, Chairman.

Mr. President:
Your Committee on Engrossing has read and approved the following Senate bills, Nos. 84, 117, 137, 151, 152, 165, 183, 190, 202, and report the same back as being ready for transmission to the House.
Respectfully submitted,
W. F. ANDREWS, 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. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 127. A bill to provide a period of limitation for the collection of charges on intrastate shipments due common carriers operating in this State, and for other purposes.

By Mr. Jones of LumpkinHouse Bill No. 305. A bill to amend an Act approved

SATURDAY, MARCH 4, 1933.

879

August 24, 1925, known as "Fuel distributors; occupation tax; collecting clerk," so as to provide for the monthly distribution of said tax among the counties of this State, and for other purposes.

By Messrs. Crawford, Lanham and Davis of Floyd-
House Bill No. 435. A bill to authorize prosecuting officers to prefer accusations in felony cases returnable to the Superior Courts of this State, and for other purposes.

By Mr. Brown of Glynn-
House Bill No. 57S. A bill to consolidate and combine
the governmental functions and powers now vested in the City of Brunswick, with the governmental functions and powers now vested in the County of Glynn, and for other purposes.

By Messrs. Davis and Hand of Mitchell-
House Bill No. 688. A bill to amend an Act creating the City Court of Camilla, approved August 17, 1905, and all Acts amendatory thereof, so as to provide for fixing and paying the salary of the Judge and Solicitor of said Court, and for other purposes.

By Messrs. Still and Eckford of Fulton, Townsend of Dade and Culpepper of Fayette-
House Bill No. 141. A bill to regulate the practice of chiropody in the State of Georgia.
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:

880

JouRNAL OF THE SENATE,

By Mr. Oliver of the 48th District-
Senate Bill No. 13 5. A bill to amend an Act entitled
"an Act to establish the Georgia Board of Pharmacy; to define its duties and powers, etc.," by repealing Section 13 of said Act, which provides the qualifications of applicants for registered pharmacists, and for other purposes.

By Mr. Sims of the 35th District-
Senate Bill No. 18 5. A bill to amend an Act creating
the Municipal Court of Atlanta, and for other purposes.

1\!Ir. President:
Your Committee on Engrossing has read and approved the following Senate bills, Nos. 206, 213, 220, 221, 223 and 225, and report the same back as being ready for transmission to the House.
Respectfully submitted,
Vv. F. ANDREWS, Chairman.
The following bills of the House were read the first time and referred to committees:

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 127. A bill to provide a period of limitation for the collection of charges on intrastate shipments due common carriers operating in this State, and for other purposes.
Referred to Committee on Public Utilities-
By Mr. Jones of Lumpkin-
House Bill No. 305. A bill to amend an Act approved August 24, 1925, known as "Fuel distributors; occupation tax; collecting clerk," so as to provide for the monthly distribution of said tax among the counties of this State, and for other purposes.

SATURDAY, MARCH 4, 1933.

881

Referred to Committee on Finance.

By Messrs. Crawford, Lanham and Davis of Floyd-
House Bill No. 43 5. A bill to authorize prosecuting officers to prefer accusations in felony cases returnable to the Superior Courts of this State, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Brown of Glynn-
House Bill No. 57 5. A bill to consolidate and combine the governmental functions and powers now vested in the City of Brunswick, with the governmental functions and powers now vested in the County of Glynn, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Davis and Hand of Mitchell-
House Bill No. 688. A bill to amend an Act creating the City Court of Camilla, approved August 17, 1905, and all Acts amendatory thereof, so as to provide for fixing and paying the salary of the Judge and Solicitor of said Court, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Still and Eckford of Fulton, Townsend of Dade and Culpepper of Fayette-
House Bill No. 141. A bill to regulate the practice of chiropody in the State of Georgia.
Referred to Committee on General Judiciary No. 1.

882

JouRNAL OF THE SENATE,

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

By Senator Cloud of the 19th District-
Senate Bill No. 228. A bill to provide for the election of certain officers 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 26, 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. Thompson, Tolbert and Hendricks of Muscogee-
House Bill No. 658. A bill to amend the Act to abolish the office of County Treasurer of Muscogee County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Strickland of Douglas-
House Bill No. 708. A bill to repeal the Act creating the Town of Lithia 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 26, nays 0.

SATURDAY, MARCH 4, 1933.

883

The bill having received the requisite Constitutional majority, was passed.
Senator Turner of the 7th District moved that the Senate adjourn until nine o'clock Monday morning, next, and the motion prevailed.
The President announced that the Senate stood adjourned until nine o'clock A. M., Monday, next.

884

JoURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
MONDAY, MARCH 6, 1933.
The Senate met, pursuant to adjournment, at nine o'clock A. M., this day, and was called to order by the President.
Prayer was offered by Senator Hubbard of the 31st District.
By unanimous consent the calling of the roll was dispensed with.
Senator weaver of the 25th District, Chairman of the
Committee on Journals, reported that he had examined the Journal of the preceding session and found it correct.
By unanimous consent the reading of the Journal was dispensed with.
The Senate went into recess until ten o'clock to give the Committee on Rules time to submit its report fixing the calendar for the day. The Senate was called to order at ten o'clock.
The Committee on Rules submitted the following report, which was read and adopted:
Mr. President:
Your Committee on Rules establishes the following order of business for today's session, immediately following the period of unanimous consents, to-wit:
No. 15 5. Howard of the 48th District-Narcotic bill.
No. 163. Sims of the 35th District-Prohibit officials from being on more than one payroll.
No. 263 (House bill)-Extend lien on crops (substituted for Senate Bill No. 177).

MONDAY, MARCH 6, 1933.

885

No. 56. Howard of the 24th District and Boykin of the 29th District-Exemption from property taxation.
No. 197. Sims of the 35th District----Regulate sale of wheat and flour, etc.
No. 86. Conner of the 14th District-Require Highway Department to pave mile to Cochran School.
No. 18 7. Baggett of the 51st District and Morris of the 39th District-Transfer duties of Registrars to Tax Collectors.
No. 189. Fudge of the 8th District-To declare sales tax of 1929 inapplicable to sales of agricultural products.
No. 33. Sisk of the 30th District-Limit amount of county levies.
No. 194. Knox of 3rd District-Amend law providing sheriff and clerk's compensation.
No. 216. Sims of the 35th District-Criminal procedure.
No. 215. Sims of the 35th District-Criminal procedure.
No. 217. Sims of the 35th District-Criminal procedure.
No. 218. Sims of the 35th District-Criminal procedure.
No. 212. Sims of the 35th District-Criminal procedure.
No. 222. Sims of the 35th District-Criminal procedure.
No. 40. Sims of the 35th District-Criminal procedure.
No. 184. Hubbard of the 31st District-Specify amount Board of Education can borrow.

HOUSE BILLS
No. 40. Evans of McDuffie-Giving Judge authority to substitute misdemeanor sentences at any time.
No. 602. Lane of Jenkins and Rabun of Jefferson.

886

jOURNAL OF THE SENATE,

The foregoing bills to be taken up as they appear m their order in this calendar.
Your committee adopted the following resolution limiting debate on all bills: Each proponent of a bill shall be limited to ten minutes for debate. One selected opponent of any bill shall be limited to twenty minutes for debate. Any Senator desiring to debate any question shall be limited to five minutes' time for debate.
Respectfully submitted, GEORGE W. FETZER, Vice-Chairman. WILLIAM M. LESTER, Secretary.
Mrs. Moore, of the 47th District, Chairman of the Committee on Library, submitted the following report:

Mr. President:
Your Committee on Library have had under consideration the following and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Resolution No. 13 7-645a.
House Resolution No. 125-576d.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 600. By Mr. Rivers of Lanier, do pass.
House Bill No. 601. By Mr. Rivers of Lanier, do pass.

MoNDAY, MARCH 6, 1933.

887

The following message was received from the House through Mr. Kingery, the Clerk thereof:
!vir. President:
The House has disagreed to the Senate substitute to the following bill of the House, to-wit:
By Mr. Patten of Tift-
House Bill No. 581. A bill to amend an Act to create a new Charter for the City of Tifton, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
1\!Ir. President:
The Speaker has appointed as a Fourth 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. 182, known as Tag Bill, the following members of the House, to-wit: Messrs. Harris of Richmond, Dickey of Gordon, and Scott of Thomas.
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 House, to-wit:
By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 569. A bill to exempt Richmond County from application of an Act of 1925 as to real estate brokers and salesmen, and for other purposes.

By Messrs. Eckford, Still and Hartsfield of FultonHouse Bill No. 584. A bill to authorize the Board of

888

JOURNAL OF THE SENATE,

Education of all counties in the State of Georgia having a population in excess of 200,000 to borrow money for the operation of schools in amounts not excceeding the total sum to be received by said Board from the State appropriation and school taxes, and for other purposes.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 604. A bill to re-enact, ratify and confirm an Act to abolish the Justice Courts and the office of the Justice of the Peace and Notary Public ex-officio Justice of the Peace and the office of Constable in the City of Augusta; to create a Municipal Court for said City, and for other purposes.

By Messrs. Martin and Allen of Jackson-
House Bill No. 676. A bill to amend an Act approved July 24, 1924, as amended by an Act approved August 14, 1931, entitled an Act to abolish the office of County Treasurer of Jackson County, and for other purposes.

By Messrs. Martin and Allen of Jackson-
House Bill No. 678. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County, etc., and for other purposes.

By Messrs. Davis and Hand of Mitchell-
House Bill No. 687. A bill to amend an Act approved August 7, 1931, entitled an Act to abolish the office of Tax Receiver and Tax Collector of Mitchell County, Georgia; to create the office of Tax Commissioner of Mitchell County, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

'

MONDAY, MARCH 6, 1933.

889

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

By Messrs. Simms and Tillman of Brooks-
House Bill No. 694. A bill to authorize counties having a certain population to expend and employ the funds paid to it under the Motor Fuel Tax Act for the purpose of paying interest on and providing a sinking fund to retire bonds issued by such county for funds to build State Aid Roads, and for other purposes.

By Mr. Melton of Early-
House Bill No. 704. A bill to repeal an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Early, and to define the duties of the same," the amendments thereto, and for other purposes.
By Mr. Harden of Turner-
House Bill No. 721. A bill to amend an Act to abolish the office of Tax Receiver and Tax Collector of Turner County, Georgia, and creating the office of County Tax Commissioner, and for other purposes.
By Mr. Stokes of Twiggs-
Hause Bill No. 734. A bill to provide the time at which primary elections for nominations of county officers shall be held in Twiggs County, Georgia, and for other purposes.
By Mr. Melton of Early-
House Bill No. 743. A bill to abolish the offices of County Treasurer of Early County, Georgia; to create a County Depository in and for Early County, and for other purposes.

890

JouRNAL OF THE SENATE,

By Mr. Melton of Early-
House Bill No. 744. A bill to amend an Act to amend an Act entitled an Act affixing the salary of the Treasurer of Early County, and for other purposes.
The following bills of the House were read the first time and referred to committees:
By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 569. A bill to exempt Richmond County from application of an Act of 1925 as to real estate brokers and salesmen, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Messrs. Eckford, Still and Hartsfield-
House Bill No. 584. A bill to authorize the Board of Education of all counties in the State of Georgia having a population in excess of 200,000 to borrow money for the operation of schools in amounts not exceeding the total sum to be received by said Board from the State Appropriation and school taxes and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 604. A bill to re-enact, ratify and confirm an Act to abolish the Justice Courts and the office of the Justice of the Peace and Notary Public ex-officio Justice of the Peace and the office of Constable in the City of Augusta; to create a Municipal Court for said City, and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Messrs. Martin and Allen of JacksonHouse Bill No. 67 6. A bill to amend an Act approved

MONDAY, MARCH 6, 1933.

891

July 24, 1924, as amended by an Act approved August 14, 1931, entitled an Act to abolish the office of County Treasurer of Jackson County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Martin and Allen of Jackson-
House Bill No. 678. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Messrs. Davis and Hand of Mitchell-
House Bill No. 687. A bill to amend an Act approved August 7, 1931, entitled an Act to abolish the office of Tax Receiver and Tax Collector of Mitchell County, Georgia; to create the office of Tax Commissioner of Mitchell County, and for other purposes.
Referred to Committee on Counties and County Matter.s.
By Messrs. Simms and Tillman of Brooks-
House Bill No. 694. A bill to authorize counties having a certain population to expend and employ the funds paid to it under the Motor Fuel Tax Act, for the purpose of paying interest on and providing a sinking fund to retire bonds issued by such County for funds to build State Aid Roads, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Melton of Early -
House Bill No. 704. A bill to repeal an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Early, and to define the duties of the same," the amendments thereto, and for other purposes.

892

JoURNAL OF THE SENATE,

Referred to Committee on Counties and County Matters.
By Mr. Harden of Turner-
House Bill No. 721. A bill to amend an Act to abolish the office of Tax Receiver and Tax Collector of Turner County, Georgia, and creating the office of County Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Stokes of Twiggs-
Hause Bill No. 734. A bill to provide the time at which primary elections for nominations of County Officers shall be held in Twiggs County, Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Melton of EarlyHouse Bill No. 743. A bill to abolish the offices of
County Treasurer of Early County, Georgia; to create a County Depository in and for Early County, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Melton of Early-
House Bill No. 744. A bill to amend an Act to amend an Act entitled an Act affixing the salary of the Treasurer of Early County, and for other purposes.
Referred to Committee on Counties and County Matters.
The following resolution was read and unanimously adopted:

By Senators Fetzer of the 1st District, and McWhorter of the 5Oth District-
Senate Resolution No. 96, as follows, to-wit:

MoNDAY, MARCH 6, 1933.

893

A RESOLUTION

Whereas, Almighty God in His Divine wisdom has taken from this country one of the most outstanding public servants, who lost his life as the result of a grim messenger of death which was intended and directed at our beloved President, and
Whereas, the State of Georgia and the General Assembly of the State of Georgia feel keenly this loss in the untimely death of the Honorable Anton J. Cermak, Mayor of the City of Chicago, and
Whereas, the General Assembly of Georgia recognizes that Honorable Anton J. Cermak was a leader in this a new era of American Democracy, having given freely of his time and services for the upbuilding and development of the same, and

Whereas, it will be impossible to fill the place which this unfortunate demise has caused;
Now, Therefore Be it Resolved by the Senate of Georgia, the House of Representatives concurring, that we bow in humble submission to the will of Almighty God, whose mercy and justice we dare not question, and
Be it Further Resolved that we recognize with keen regrets the loss to American Democracy, and
Be it Further Resolved that a copy of these resolutions be entered upon the Journals of both the Senate and House of Representatives and that a certified copy be sent to the bereaved family of the deceased; a copy to the officials of the City of Chicago with whom he served, and a copy to the President of the United States of America.

The following Bills of the Senate were introduced, read the first time and referred to Committees.

894

}OURNAL OF THE SENATE,

By Senators Cail of the 17th and Boykin of the 29thSenate Bill No. 233. A bill regulating the conduct of State wide election by political parties.
Referred to Committee on Privileges and Elections.

By Senator Dorminy of the 45th District-
Senate Bill No. 234. A bill amending the Charter of the City of Fitzgerald.
Referred to Committee on Municipal Government.

By Senator Hutcheson of the 44th District-
Senate Bill No. 232. A bill abolishing offices of Tax Collector and Tax Receiver of Walker County and creating a Tax Commissioner for said County.
Referred to Committee on Counties and County Matters.

By Senator Hutcheson of the 44th DistrictSenate Bill No. 23 5. A bill creating a Commissioner of
Roads and Revenues for Walker County. Referred to Committee on Counties and County Matters.
By Senator Hutcheson of the 44th DistrictSenate Bill No. 23 6. A bill abolishing the Board of Com-
missioners of Roads and Revenues for Walker County. Referred to Committee on Counties and County Matters.
By Senator Robertson of the 32nd District-
Senate Bill No. 23 7. A bill creating a Board of County Commissioners for \Vhite County.
Referred to Committee on Counties and County Matters.

MoNDAY, MARCH 6, 1933.

895

By Senator Robertson of the 32nd DistrictSenate Bill No. 23 8. A bill abolishing the Board of Com-
missioners of White County.
Referred to Committee on Counties and County Matters.
The following Bills of the House, fa"vorably reported by Committees, were read the second time:

By Mr. Rivers of Lanier-
House Bill No. 600. A bill to abolish office of Commissioner of Lanier County.

By Mr. Rivers of Lanier-
House Bill No. 601. A bill to create a Board of Commissioners for Lanier County.
The following Resolutions of the House, favorably reported by Committees, were read the second time:

By Mr. Boyd of Greene-
House Resolution No. 125-576d. A resolution requiring State Librarian to furnish certain books to Ordinary of Greene County.

By Mr. Lane of Jenkins-
House Resolution No. 137-645a. A resolution requiring State Librarian to furnish the Ordinary of Jenkins County with certain books.
Senator Lewis of the 20th District asked unanimous consent that House Bill No. 251, a bill regulating Insurance in Georgia, be withdrawn from the Committee on General Judiciary No. 1, read the second time, and recommitted, and the consent was granted, and the bill was read the second time.

896

JouRNAL OF THE SENATE,

The following Privileged Resolutions were read and adopted:

By Senator Moore of the 47th District-
A resolution extending the privileges of the floor to
Honorable A. J. Pittman and Doctor Little of Irwin
County.

By Senator Culpepper of the 36th District-
A resolution extending the privileges of the floor to Han. S. P. Wilburn of Woodbury, Georgia.
The following Bills of the Senate were read the third time and put upon their passage.

By Senator Oliver of the 48th District-
Senate Bill No. 15 5. A bill regulating the sale, manufacture, possession, dispensing of narcotic drugs, and for other purposes.
The Committee offered the following substitute:

A BILL
An Act to regulate the manufacture, sale, possession, control, prescribing, administering, dispensing, compounding, mixing, cultivation and growth of Narcotic Drugs in the State of Georgia, to define certain words and phrases as used in this Act; to make it unlawful to manufacture, possess, have under control, sell, prescribe, administer, dispense or compound any narcotic drug, except as authorized by this Act; to make it unlawful to manufacture, compound, mix, cultivate, grow, or by any other process to produce or prepare narcotic drugs, or as a wholesaler to supply the same, without having first obtained a license to do so from the State Board of Pharmacy, except in the case of physicians and others spe-

Mo:;-;roAY, MARCH 6, 1933.

897

cifically exempted therefrom; to provide for and regulate the issuance of licenses therefor by the State Board of Pharmacy; to designate the persons, to whom licensed manufacturers or wholesalers may sell and dispense narcotic drugs, but only upon official written orders; to make lawful the possession and control of narcotic drugs obtained as authorized by this Act; to regulate such sales and to require the keeping of proper records thereof; to regulate the administering, dispensing and use of narcotic drugs obtained under the provisions of this Act; to provide for and to regulate the sale and dispensing of narcotic drugs by apothecaries, upon written prescriptions of physicians, dentists and veterinarians; to make lawful the sale of stocks of narcotic drugs in pharmacies upon discontinuance of dealings in said drugs, to manufacturers, wholesalers and apothecaries, upon official written orders; to provide for sales by apothecaries upon official written orders, to physicians, dentists and veterinarians of limited quantities of narcotic drugs and solutions thereof for medical purposes; to authorize and to regulate the prescribing, administering, dispensing, mixing or otherwise preparing of narcotic drugs by physicians and dentists in good faith and in the course of their professional practices only, and the administering of the same by nurses and internes under their direction; to authorize and to regulate the prescribing, administering and dispensing of narcotic drugs by veterinarians in good faith and in the course of their professional practices only and the administering of the same by assistants or orderlies under their supervision; to require the return to physicians, dentists and veterinarians of the unused portion of narcotic drugs procured from them under the preceding sections; to provide for cases which shall be exceptions and exemptions from the operation of this Act; and to impose conditions upon such exceptions and exemptions; to require the keeping of records by every physician, dentist, veterinarian and other persons author-

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JoURNAL OF THE SENATE,

ized to administer and professionally use narcotic drugs, of such drugs received, and of such drugs administered, dispensed and professionally used by him, and to define what shall constitute a sufficient compliance with this requirement in certain cases, and to dispense with the keeping of such records in certain cases; to require the keeping of records by manufacturers and wholesalers of all narcotic drugs compounded, mixed, cultivated, grown, produced, prepared, received and disposed of by them; to require the keeping of records by apothecaries of all narcotic drugs received and disposed of by them; to require every person who purchases for resale, or who sells narcotic drug preparations exempted by Section 8 of this Act, to keep a record of all such preparations received, sold or disposed of; to authorize and direct the Chief State Drug Inspector to prescribe the form of records required under this Act; to require such records to contain certain prescribed information; to require the retention of such records for a period of two years from the date of the transaction recorded; to provide that the keeping of records required by the Federal Narcotic Laws containing substantially the same information as required under this Act shall constitute compliance with said section, with certain exceptions herein contained; to require that whenever a manufacturer sells and dispenses a narcotic drug, and whenever a wholesaler sells and dispenses a narcotic drug prepared by him, he shall affix a label thereon containing certain specific information, and prohibiting any person except an apothecary to alter, deface, or remove such label; to require that whenevet an apothecary sells or dispenses any narcotic drug on a prescription issued by a physician, dentist, or veterinarian, said apothecary shall affix to the container a label containing certain specified information, and to prohibit the altering, defacing or removing of any label so affixed s.o long as any of the original contents remains; to provide that the person to whom or for whom use, and the owner

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899

of any animal for whose use any narcotic drug has been prescribed, sold or dispensed, may lawfully possess such drug only in the container in which it was delivered to him by the person selling or dispensing it; to except from the application of this Act restricting the possession and control of narcotic drugs, common carriers and warehousemen, and their employees while engaged in lawfully transporting or storing such drugs, public officers or employees in the performance of their official duties requiring possession or control of narcotic drugs, and certain other persons; to define a common nuisance under this Act and to prohibit the maintenance of the same; to provide for the forfeiture of all narcotic drugs coming into the custody of peace officers where the lawful possession of the same cannot be established or the title hereto ascertained, and for the destruction and disposal of same; to provide that the court decreeing the forfeiture of such drugs may upon application of the State Commissioner of Agriculture order forfeited narcotic drugs delivered to said Commissioner for official distribution to hospitals for medicinal use; to provide that the Commissioner of Agriculture may make such distribution to hospitals, and that he may destroy or deliver to the United States Commissioner of Narcotics excess stocks of such drugs; to require the keeping by the Commissioner of Agriculture of certain records pertaining to the receipt and disposal of narcotic drugs under this section; to provide for the revocation and suspension of licenses and registrations of physicians, dentists, veterinarians, manufacturers, wholesalers, and apothecaries convicted of the violation of any provision of this Act and for reinstatement of the same; to authorize the inspection by certain officers of prescriptions, orders and records required by this Act, and stocks of narcotic drugs; and to prohibit the divulging by such officers of knowledge so obtained, except in the cases provided for; to provide for the enforced confinement and treatment of any person

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found upon proceedings had in conformity with the provisions of this Act to be such a habitual user of narcotic drugs as to endanger the public morals, health, safety or welfare, and of any person so far addicted to the use of narcotic drugs as to have lost the power of self control over his addiction; to provide for the commitment by any Superior Court having jurisdiction of a defendant in a criminal action or proceeding, of such defendant for enforced confinement and treatment in a public hospital or institution under medical supervision, designated by the State Commissioner of Agriculture, when such defendant is a habitual user of narcotic drugs; to provide for the stay of further criminal proceedings and for deferring the imposition of sentence pending discharge of the patient from treatment in accordance with the preceding section; to provide for the commitment of drug addicts upon voluntary application, to such institutions; to prohibit obtaining or attempting to obtain narcotic drugs or the administration thereof by fraud, deceit, misrepresentation or subterfuge, by the forgery or alteration of a prescription or written order, or by the use of a false name or a false address; to prohibit the willful making of any false statement in any prescription, order, report or record required by this Act; to provide that no person shall for the purpose of obtaining a narcotic drug falsely assume the title of, or represent himself to be a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person; to prohibit the forging of a prescription or written order, or the uttering of a false or forged prescription or written order for narcotic drugs; to prohibit the affixing of any false or forged label to a package or receptacle containing any narcotic drugs; to provide that it shall not be necessary in any complaint, information or indictment, or in any proceeding brought for the enforcement of any provision of this Act to negative any exception to or exemption from the same; to provide that the burden of proving

MONDAY, MARCH 6, 1933.

901

such exceptions and exemptions shall be upon the defendant; to make it the duty of the Commissioner of Agriculture, his officers, agents, inspectors and representatives, of all peace officers and prosecuting attorneys to enforce this Act; except provisions thereof which specifically delegate such enforcement; to provide that such officers shall cooperate with agencies charged with the enforcement of narcotic laws of this State, of other States and of the United States; to provide for and to prescribe the punishments which may be imposed for violations of this Act; to provide that acquittal or conviction under the Federal Narcotic Laws shall be a bar to prosecution for the same act under this Act; to provide that the invalidity or unconstitutionality of any provision of this Act shall not affect the remaining provisions thereof; to state the general purposes of this Act; to designate the short title thereof, and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act:

Proposed Committee Substitute for Senate Bill No. 15 5 :
Section 1. The following words and phrases, as used in this Act, shall have the following meanings, unless the context otherwise requires:
( 1) "Person" includes any corporation, association, copartnership, or one or more individuals.
( 2) "Physician" means a person authorized by law to practice medicine in this State and any other person authorized by law to treat sick and injured human beings in this State and to use, mix or otherwise prepare narcotic drugs in connection with such treatment.
( 3) "Dentist" means a person authorized by law to practice dentistry in this State.

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JoURNAL OF THE SENATE,

(4) "Veterinarian" means a person authorized by law to practice veterinary medicine in this State.
( 5) "Manufacturer" means a person who by compounding, mixing, cultivating, growing, or other process, produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescriptions.
( 6) "\Vholesaler" means a person who supplies narcotic drugs that he himself has not produced nor prepared, on official written orders, but not on prescriptions.
( 7) "Apothecary" means a licensed pharmacist as defined by the laws of this State and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this Act shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege, that is not granted to him by the pharmacy laws of this State.
( 8) "Hospital" means an institution for the care and treatment of the sick and injured, approved by the State Board of Pharmacy as proper to be intrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or vetennanan.
( 9) "Laboratory" means a laboratory approved by the State Board of Pharmacy as proper to be intrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for the purposes of instruction.
( 10) "Sale" includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee.

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903

( 11) "Coca leaves" includes cocaine and any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made.
( 12) "Opium" includes morphine, codeine, and heroin, and any compound, manufacture, salt, derivative, mixture, or preparation of opium, including apomorphine or any of its salts.
( 13) "Cannabis" includes the following substances under whatever names they may be designated: (a) The dried flowering or fruiting tops of the pistillate plant Cannabis Sativa L., from which the resin has not been extracted, (b) the r:esin extracted from such tops, and (c) every compound, manufacture, salt, derivative, mixture, or preparation of such resin, or of such tops from which the resin has not been extracted.
( 14) "Narcotic drugs" means coca leaves, opium, cannabis, and every substance neither chemically nor physically distinguishable from them.
(15) "Federal Narcotic Laws" means the laws of the United States relating to opium, coca leaves, and other narcotic drugs.
( 16) "Official written order" means an order written on a form provided for that purpose by the United States Commissioner of Narcotics, under any laws of the United States making provision therefor, if such order forms are authorized and required by Federal Law, and if no such order form is provided, then on an official form provided for that purpose by the State Board of Pharmacy.
( 17) "Special written order" means a written order accompanied by a certificate of exemption, as required by the
Federal Narcotic Laws, to a person in the employ of the
United States Government or of any State, Territorial,

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District, County, Municipal, or Insular Government, purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties.
( 18) "Dispense" includes distribute, leave with, give away, dispose of, or deliver.
( 19) "Registry number" means the number assigned to each person registered under the Federal Narcotic Laws.
Section 2. It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in this Act.
Section 3. No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the State Board of Pharmacy; provided, however, that the provisions of this section shall not apply to the dispensing, administration, giving away, mixing or otherwise preparing any of the drugs mentioned in this Act by a registered physician, dentist or veterinarian in the course of his professional practice, and said drugs are dispensed, administered, given away, mixed or otherwise prepared for legitimate medical purposes.
Section 4. No license shall be issued under the foregoing section unless and until the applicant therefor has furnished proof satisfactory to the State Board of Pharmacy:
(a) That the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character.
(b) That the applicant is equipped as to land, buildings, and paraphernalia properly to carry on the business described in his application.
(c) No license shall be granted to any person who has

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within five years been convicted of a willful violation of any law of the United States, or of any State, relating to opium, coca leaves, or other narcotic drugs, or to any person who is a narcotic drug addict.
(d) The State Board of Pharmacy may suspend or revoke any license for cause.
Section 5. ( 1) A duly licensed manufacturer or wholesaler may sell and dispense narcotic drugs to any of the follo'Ying persons, but only on official written orders:
(a) To a manufacturer, wholesaler, or apothecary.
(b) To a physician, dentist, or veterinarian.
(c) To a person in charge of a hospital, but only for use by or in that hospital.
(d) To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes.
( 2) A duly licensed manufacturer or wholesaler may sell narcotic drugs to any of the following persons:
(a) On a special written order accompanied by a certificate of exemption, as required by the Federal Narcotic Laws, to a person in the employ of the United States Government or of any State, Territorial, District, County, Municipal, or Insular Government, purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties.
(b) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, for the actual medical needs of persons on board such ships or aircraft, then not in port. Provided: such narcotic drugs shall be sold to the master of such ship or person in charge of such aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting assistant surgeon of the United States Public Health Service.

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JouRNAL OF THE SENATE,

(c) To a person in a foreign country if the provisions of the Federal Narcotic Laws are complied with.
( 3) An official written order for any narcotic drug shall be signed in duplicate by the person giving such order or by his duly authorized agent. The original shall be presented to the person who sells or dispenses the narcotic drug or drugs named therein. In event of the acceptance of such order by said person, each party to the transaction shall preserve his copy of such order for a period of two years in such a way as to be readily accessible -for inspection by any public officer or employee engaged in the enforcement of this Act. It shall be deemed a compliance with this subsection if the parties to the transaction have complied with the Federal Laws, respecting the requirements governing the use of order forms.
( 4) Possession of or control of narcotic drugs obtained as authorized by this section shall be lawful if in the regular course of business, occupation, profession, employment, or duty of the possessor.
( 5) A person in charge of a hospital or of a laboratory, or in the employ of this State or of any other State, or of any political subdivision thereof, and a master or other proper officer of a ship or aircraft, who obtains narcotic drugs under the provisions of this section or otherwise, shall not administer, nor dispense, nor otherwise use such drugs, within this State, except within the scope of his employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this Act.
Section 6. (a) An apothecary, in good faith, may sell and dispense narcotic drugs to any person upon a written prescription of a physician, dentist, or veterinarian, dated and signed by the person prescribing on the day when issued and bearing the full name and address of the patient for whom, or of the owner of the animal for which, the drug is

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907

dispensed, and the full name, address, and registry number under the Federal Narcotic Laws, of the person prescribing, if he is required by those laws to be so registered. If the prescription be for an animal, it shall state the species of animal for which the drug is prescribed. The person filling the prescription shall write the date of filling and his own signature on the face of the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this Act. The prescription shall not be refilled.
(b) The legal owner of any stock of narcotic drugs in a pharmacy, upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or apothecary, but only on an official written order.
(c) An apothecary, only upon an official written order, may sell to a physician, dentist, or veterinarian, in quantities not exceeding one ounce at any one time, aqueous or oloaginous solutions of which the content of narcotic drugs does not exceed a proportion greater than twenty per cent of the complete solution, to be used for medical purposes.
Section 7. ( 1) A physician or a dentist, in good faith and in the course of his professional practice only, may prescribe, administer, dispense, mix or otherwise prepare narcotic drugs, or he may cause the same to be administered by a nurse or interne under his direction and supervision.
( 2) A veterinarian, in good faith and in the course of his professional practice only, and not for use by human being, may prescribe, administer, dispense, mix, or otherwise prepare narcotic drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision.
(3) Any person who has obtained from a physician,

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jOURNAL OF THE SENATE,

dentist, or veterinarian any narcotic drug for administra~ tion to a patient during the absence of such physician, dentist, or veterinarian, shall return to such physician, dentist, or veterinarian, any unused portion of such drug, when it is no longer required by the patient.
Section 8. Except as otherwise in this Act specifically provided, this Act shall not apply to the following cases:
( 1) Prescribing, administering, dispensing, or selling at retail of any medicinal preparation that contains in one fluid ounce, or if a solid or semi-solid preparation, in one avordupois ounce, (a) not more than two grains of opium, (b) not more than one-quarter of a grain of morphine or of any of its salts, (c) not more than one grain of codeine or of any of its salts, (d) not more than one-eighth of a grain of heroin or of any of its salts, (e) not more than one-half of a grain of Extract of Cannabis, nor more than one-half of a grain of any more potent derivative or preparation of cannabis, (f) and not more than one of the drugs named above in clauses (a), (b), (c), (d), and (e).
( 2) Prescribing, administering, dispensing, or selling at retail of liniments, ointments, and other preparations, that are susceptible of external use only and that contain narcotic drugs in such combinations as prevent their being readily extracted from such liniments, ointments, or preparations, except that this Act shall apply to all liniments, ointments, and other preparations, that contain coca leaves in any quantity or combination.
(3) The exemptions authorized by this section shall be subject to the following conditions:

(a) No person shall prescribe, administer, dispense, or sell under the exemptions of this section, to any one person, or for the use of any one person or animal, any preparation or preparations included within this section, when he knows, or can by reasonable diligence ascertain, that

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such prescribing, administering, dispensing, or selling will provide the person to whom or for whose use, or the owner of the animal for the use of which, such preparation is prescribed, administered, dispensed, or sold, within fortyeight (48) consecutive hours, with more than four grains of opium; or more than one-half grain of morphine or of any of its salts, or more than one-quarter of a grain of heroin or of its salts, or more than one-quarter of a grain of heroin or any of its salts, or will provide such person or the owner of such animal, within 48 consecutive hours, with more than one preparation exempted by this section from the operation of this Act. Provided, however, that the foregoing limitation shall not apply to physicians acting in good faith in the course of their professional practice, in prescribing for patients affiicted with disease, whose suffering can only be alleviated by administration of narcotic drugs in greater quantities than those specified in the foregoing.
(b) The medicinal preparation, or the liniment, ointment, or other preparation susceptible of external use only, prescribed, administered, dispensed, or sold, shall contain, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone.
(c) Such preparation shall be prescribed, administered, dispensed, and sold in good faith as a medicine, and not for the purpose of evading the provisions of this Act.
( 4) Nothing in this section snail be construed to limit the kind '!nd quantity of any narcotic drug that may be prescribed, administered, dispensed, or sold, to any person or for the use of any person or animal, when it is prescribed, administered, dispensed, or sold, in compliance with the general provisions of this Act.
Section 9. ( 1) Every physician, dentist, veterinarian, or other person who is authorized to administer or professionally use narcotic drugs, shall keep a record of such

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drugs received by him, and a record of all such drugs administered, dispensed, or professionally used by him otherwise than by prescription. It shall, however, be deemed a sufficient compliance with this subsection if any such person using small quantities of solutions or other preparations of such drugs for local application, shall keep a record of the quantity, character, any potency of such solutions or other preparations purchased or made by him, and of the date when purchased or made up, without keeping a record of the amount of such solution or other preparation applied by him to individual patients.
Provided, that no record need be kept of narcotic drugs administered, dispensed, or professionally used in the treatment of any one patient, when the amount administered, dispensed, or professionally used for that purpose does not exceed in any forty-eight consecutive hours, (a) four grains of opium, or (b) one-half of a grain of morphine or of any of its salts, or (c) two grains of codeine or of any of its salts, or (d) one-fourth of a grain of heroin or of any of its salts, or (e) a quantity of any other narcotic drug or any combination of narcotic drugs that does not exceed in pharmacologic potency of any of the drugs named above in the quantity stated.
( 2) Manufacturers and wholesalers shall keep records of all narcotic drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all narcotic drugs received and disposed of by them, in ac-
cordance with the provisions of Subsection 5 of this section.
(3) Apothecaries shall keep records of all narcotic drugs received and disposed of by them, in accordance with the provisions of Subsection 5 of this section.
( 4) Every person who purchases for resale, or who sells narcotic drug preparations exempted by Section 8 of this Act, shall keep a record showing the quantities and kinds

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911

thereof received and sold, or disposed of otherwise, in accordance with the provisions of Subsection 5 of this section.
( 5) The form of records shall be prescribed by the Chief State Drug Inspector. The record of narcotic drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received; the kind and quantity of narcotic drugs produced or removed from process of manufacture, and the date of such production or removal from process of manufacture; and the record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves, and the proportion of resin contained in or producible from the dried flowering or fruiting tops of the pistillate plant Cannabis Sativa L., from which the resin has not been extracted, received or produced. The record of all narcotic drugs sold, administered, dispensed, or otherwise disposed of, shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which sold, administered, or dispensed, and the kind and quantity
of drugs. Every such record shall be kept for a period of
two years from the date of the transaction recorded. The keeping of a record required by or under the Federal N arcotic Laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and q~antity of such drugs, and the date of the discovering of such loss, destruction, or theft.
Section 10. ( 1 ) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells and dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the ven<Jor and the quantity, kind, and form of

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narcotic drug contained therein. No person except an apothecary for the purpose of filling a prescription under this Act, shall alter, deface, or remove any label so affixed.
( 2) Whenever an apothecary sells or dispenses any narcotic drug on a prescription issued by a physician, dentist, or veterinarian, he shall affix to the container in which such drug is sold or dispensed, a label showing his own name, address, and registry number, or the name, address, and registry number of the apothecary for whom he is lawfully acting; the name and address of the patient or, if the patient is an animal, the name and address of the owner of the animal and the species of the animal; the name and address, and registry number of the physician, dentist, or veterinarian, by whom the prescription was written; and such directions as may be stated on the prescription. No person shall alter, deface; or remove any label so affixed, so long as any of the original contents remains.
Section 11. A person to whom or for whose use any narcotic drug has been prescribed, sold, or dispensed, by a physician, dentist, apothecary, or other person authorized under the provisions of Section 5 of this act, and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, by a veterinarian, may lawfully possess it only in the container in which it was delivered to him by the person selling or _dispensing the same.
Section 12. ( l) The provisions of this Act restricting the possessing and having control of narcotic drugs shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or storing such drugs, or to any employee of the same acting within the scope of his employment; or to public officers or employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties.

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Section 13. Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same, shall be deemed a public nuisance. No person shall keep or maintain such public nmsance.
Section 14. All narcotic drugs the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited, and disposed of as follows:
(a) Except as in this section otherwise provided, the court or magistrate having jurisdiction shall order such narcotic drugs forfeited and destroyed. A record of the place where said drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place and manner of destruction, shall be kept, and a return under oath, reporting said destruction, shall be made to the court or magistrate and to the United States Commissioner of N arcotics, by the officer who destroys them.
(b) Upon written application by the State Commissioner of Agriculture, the court or magistrate by whom the forfeiture of narcotic drugs has been decreed may order the delivery of any of them, except heroin and its salts and derivatives, to said State Commissioner of Agriculture for distribution or destruction, as hereinafter provided.
(c) Upon application by any hospital within this State, not operated for private gain, the State Commissioner of Agriculture may in his discretion deliver any narcotic drugs that have come into his custody by authority of this section to the applicant for medical use. The State Commissioner of Agriculture may from time to time deliver excess stocks of such narcotic drugs to the United States Commissioner of Narcotics, or shall destroy the same.
(d) The State Commissioner of Agriculture shall keep

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a full and complete record of all drugs received and of all drugs disposed of, showing the exact kind, quantities, and forms of such drugs; the persons from whom received and to whom delivered; by whose authority received, delivered, and destroyed; and the dates of the receipt, disposal, or destruction, which record shall be open to inspection by all Federal and State officers charged with the enforcement of Federal and State narcotic laws.
Section 15. On the conviction of any physician, dentist, veterinarian, manufacturer, wholesaler, or apothecary of a violation of any provision of this Act, in any Superior Court, the clerk of said court shall send a certified copy of the indictment, plea, verdict, and sentence to the board or officer, by whom the convicted defendant has been licensed to practice his profession or to carry on his business. Such board or officer may, in its or his discretion, suspend or revoke the license or registration of the convicted defendant to practice his profession or to carry on his business. On the application of any such convicted defendant whose license or registration has been suspended or revoked, upon proper showing and for good cause said board or officer may reinstate such license or registration. Any Superior Court in which such a defendant is convicted of a violation of any provision of this Act shall have the power in its discretion to suspend or revoke the license or registration of the convicted defendant, and may thereafter, upon proper showing and for good cause, reinstate such license or registration; provided that no board or officer shall reinstate any such license or registration where the same shall have been suspended or revoked by a Superior Court; and provided further that no court shall reinstate any license of such a convicted defendant which has been revoked by the board or officer by whom the convicted defendant was lisensed to practice his profession or to carry on his business, except upon a proceeding brought in a Superior Court for the purpose of setting aside or restraining such suspension or revocation of license.

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Section 16. Prescriptions, orders and records, required by this Act, and stocks of narcotic drugs, shall be open for inspection only to Federal, State, county and municipal officers, whose duty it is to enforce the laws of this State or of the United States relating to narcotic drugs. No officer having knowledge by virtue of his office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party.
Section 17. (a) \Vhenever an affidavit duly verified by a person claiming to have knowledge of the facts and setting forth that any person named or described therein habitually uses any narcotic drug as defined in this Act (so as to endanger the public morals, health, safety, or welfare), or who is or has been so far addicted to the use of such drugs as to have lost the power of self-control with reference to his addiction, shall be filed with the Solicitor-General of any judicial circuit, including the county in which such alleged habitual user of narcotic drugs is or may be found, or with the Solicitor of any county or city such Solicitor shall issue a notice requiring the person so named or described to appear before a Judge of the City, County, or Superior Court in chambers at a time and place specified in such notice, and shall cause a copy thereof to be served, by the sheriff or other officer duly qualified to serve process in civil or criminal cases, upon the person so named or described. Copy of such notice shall be transmitted by mail to the State Commissioner of Agriculture. The affidavit and the original notice shall be filed with the clerk of the court at or before the time specified for such appearance, but the same and all other records and files of the proceedings shall be open for inspection only to the person named or described therein or his counsel or by public officers.
(b) At the time and place specified in the notice, the

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JouRNAL OF THE SENATE,

person named or described in such notice, or his counsel, being present, the Judge shall hear the evidence presented and shall appoint a commission of two physicians who shall examine such person and certify to the court as to whether such person is a habitual user of habit-forming drugs as contemplated in Subsection (a). Upon being satisfied that the allegations contained in the affidavit are true, the Judge shall make and file an order requiring the person named forthwith to take and continue treatment for the cure of such drug addiction at a private institution under medical supervision to be selected by the person committed and approved by the State Commissioner of Agriculture, if such person is able to pay therefor, otherwise at some hospital or institution under medical supervision, other than a penal institution, owned by the State of Georgia, or some political subdivision thereof selected by the State Commissioner of Agriculture (and at the expense of the State or political jurisdiction thereof, which maintains such institution). In the event the Judge is not satisfied from the evidence adduced that the person is a habitual user of habit-forming drugs as contemplated in Subsection (a), he may order the commitment of such person for observation for a period not exceeding thirty ( 30) days, and upon expiration of that time shall consider the testimony of the superintendent or physician in charge together with the evidence theretofore presented in rendering decision on the commitment of such person. The order of commitment shall require reports to be made to the court and to the State Commissioner of Agriculture at stated intervals therein specified by the physician or superintendent in charge, as to the effect and progress of the treatment. A copy of the order forthwith shall be served upon said person. The care and treatment of persons committed under this section shall be designed to rehabilitate them and restore them to mental and physical health; under regulations prescribed by the State Commissioner of Agriculture, the physician or superintendent in charge of the institution may parole inmates

MONDAY, MARCH 6, 1933.

917

but such persons shall be finally discharged from further treatment and supervision only by the committing magistrate or his successor and only upon the recommendation of the superintendent or physician in charge of the institution to which committed.
(c) Any trial court having jurisdiction of a defendant in a criminal action or proceeding, if it appears that the defendant habitually uses narcotic drugs as contemplated in Subsection (a), may in its discretion likewise commit such person for treatment and rehabilitation to a public hospital or institution under medical supervision designated by the State Commissioner of Agriculture. In any such case the court may in its discretion stay further criminal proceedings or defer the imposition of sentence pending the discharge of the patient from treatment in accordance with the procedure outlined in Subsection (b) of this section.
(d) Upon the recommendation of a duly licensed practicing physician or public health official that a person habitually uses narcotic drugs as contemplated in Subsection (a), a Judge or magistrate of a city, county or state court may commit to a public institution under medical supervision and duly approved by the State Commissioner of Agriculture a person making voluntary application for treatment for drug addiction. A person so committed shall not be detained under such voluntary agreement more than ten days from and inclusive of the date of notice in writing of his intention or desire to leave such hospital or institution.
(e) Any person who shall fail, refuse, or neglect to comply with the terms and conditions of any order of a court duly issued and served in accordance with this section shall be deemed in contempt of court and shall be proceeded against accordingly.
Section 18. ( 1) No person shall obtain or attempt to obtain a narcotic drug, or procure or attempt to procure the administration of a narcotic drug, (a) by fraud, deceit, mis-

918

JouRNAL OF THE SENATE,

representation, or subterfuge; or (b) by the forgery or alteration of a prescription or of any written order; or (c) by the concealment of a material fact; or (d) by the use of a false name or the giving of a false address.
( 2) No person shall wilfully make a false statement in any prescription, order, report, or' record, required by this Act.
( 3) No person shall, for the purpose of obtaining a narcotic drug, falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person.
(4) No person shall make or utter any false or forged prescription or written order for any narcotic drug.
( 5) No person shall affix any false or forged label to a package or receptacle containing narcotic drugs.
( 6) The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of Section 8 of this Act, in the same way as they apply to transactions under all other sections.
Section 19. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this Act, it shall not be necessary to negative any exception, excuse, proviso, or exemption, contained in this Act, and the burden of proof of any such exception, excuse, proviso, or exemption, shall be upon the defendant.
Section 20. It is hereby made the duty of the Commissioner of Agriculture, his officers, agents, inspectors, and representatives, and of any peace officers within the State, and of all prosecuting attorneys, to enforce all provisions of this Act, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and all other States, relating to narcotic drugs.

MONDAY, MARCH 6, 1933.

919

Section 21. Any person violating any provision of this Act shall upon conviction, be punished, for the first offense, by a fine not exceeding five thousand dollars ( $5,000.00),
or by imprisonment for not exceeding five ( 5) years, or by
both such fine and imprisonment; and for any subsequent offense, by a fine not exceeding ten thousand dollars ( $10,000.00), or by imprisonment for not exceeding ten ( 10) years, or by both such fine and imprisonment.
Section 22. A judgment of conviction or acquittal on the
a merits under the laws of the United States for any alleged
violation of the narcotic laws thereof shall be bar to any prosecution hereunder for the same act or acts.
Section 23. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.
Section 24. This Act shall be so interpreted and construed as to effectuate its general purpose, to make uniform the laws of those States which enact it.
Section 25. All Acts or parts of Acts which are incon-
sistent with the provisions of this Act are hereby repealed.
Section 26. This Act may be cited as the Uniform N arcotic Drug Act.
Section 27. This Act shall take effect immediately upon becoming a law of this State.
Senator Howard of the 24th District moved to amend the substitute. The motion was lost.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.

920

JoURNAL OF THE SENATE,

On the passage of the bill, by substitute, the ayes were 34, nays 0.
The bill, by substitute, having received the requisite Constitutional majority, was passed.
By unanimous consent Senate Bill No. 15 5 was ordered immediately transmitted to the House.
The following bill of the Senate was read the third time and put upon its passage:

By Senator Sims of the 35th District-
Senate Bill No. 163. A bill to relieve unemployment, and for other purposes.
Senator Sims of the 35th District and Pottle of the lOth District, offered the following amendment to Senate Bill No. 163:
By adding at the close of the first section, the words following, to-wit:
Provided, that this Act shall not be construed to apply to any office or officer of the Supreme Court and the Court of Appeals of this State.
Senator Hubbard of the 31st District offered the following amendment to Senate Bill No. 163 :
By adding at the close of the first section, the following words, to-wit:
Provided, that this Act shall not apply to the State Superintendent of Schools and the County Superintendents of Schools.
Senator Colson of the 4th District offered the following amendment to Senate Bill No. 163 :
By adding to end of Section 1 :
Provided, however, the provisions of this Act shall not

MONDAY, MARCH 6, 1933.

921

apply to State House officials whose salaries are supplemented.

The amendment of Senators Pottle and Sims was adopted.

On the amendment offered by Senator Hubbard of the 31st District, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Baggett Boyd Boykin Cail Carithers Cason Cloud Dean Dorminy Edmondson Fetzer

Groover Haralson Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Lewis Mallett Morris of the 39th

Morris of the 5th Nelson Oliver Paschall Pottle Rivers Sisk Terrell Tuten Weaver

Those voting in the negative were Senators:

Andrews

Culpepper Hogg

Fudge Sims

The ayes were 32, nays 5, and the amendment was adopted.

The amendment by Senator Colson of the 4th District 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 36, nays 0.

The bill, as amended, having received the requisite Constitutional majority, was passed.

By unanimous consent Senate Bill No. 163 was ordered immediately transmitted to the House.

922

JoURNAL OF THE SENATE,

The President appointed as a committee of conference on House Bill No. 182, to confer with a like committee appointed by the House: Senators Key of the 28th District, Colson of the 4th District and Fetzer of the 1st District.
The following bill of the House was 'read the third time and put upon its passage:

By Mr. Middlebrooks of Jones-
House Bill No. 263. A bill to define the words "Crops," "Growing Crops," relating to bills of sales, liens and mortgages, 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 3 5, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By unanimous consent House Bill No. 263 was ordered immediately transmitted to the House.
Senator Jackson of the 21st District asked unanimous consent that Senate Bill No. 100, a bill defining the words "Crops" and "Growing Crops," and Senate Bill No. 177, a bill amending an Act relative to liens on growing crops, be tabled, the consent was granted and said bills were tabled.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Sims of the 35th District-
Senate Bill No. 197. A bill regulating the sale of white flour.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 43, nays 0.

MONDAY, MARCH 6, 1933.

923

The bill having received the requisite Constitutional majority was passed.
By unanimous consent Senate Bill No. 197 was ordered immediately transmitted to the House.

By Senators Baggett of the 51st District and Morris of the 39th District-
Senate Bill No. 187. A bill to repeal Article 4, Chapter 2 of the 2nd title of the Civil Code relating to registrars.
The committee offered a substitute.
The committee offered an amendment to the substitute which was adopted.
The substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, as amended, was agreed to.
On the passage of the bill, by substitute 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:

Andrews Baggett Boyd
Carithers Edmondson Goldin Haralson

Hubbard Hutcheson
Jackson Mallett Morris of the 39th Nelson
Oliver

Paschall Sims Sisk Tate Turner Tuten

Those voting in the negative were Senators:

Boy kin Cason Cloud Colson Culpepper
Dean Dorminy

Fetzer Fudge Groover Hogg
Howard of the 24th Howard of the 2nd Key

Lewis
lVIoore Morris of the 5th Pottle Rivers
Robertson weaver

924

JoURNAL OF THE SENATE,

The ayes were 20, nays 21.
The bill, by substitute as amended, having failed to receive the requisite Constitutional majority, was lost.

By Senator Lovett of the 16th District-
Senate Bill No. 189. A bill to prohibit collection of taxes upon sales of agricultural products.
The report 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 Sims of the 35th District-
Senate Bill No. 215. A bill regulating practice and procedure in criminal cases.
Senator Fetzer of the 1st District moved that when the Senate adjourn today at the regular hour that it stand adjourned until 2 o'clock this afternoon, and the motion prevailed.
The President announced that the Senate was now adjoUIned until the hour named for the afternoon session and Senate Bill No. 215 went over to the afternoon session.

AFTERNOON SESSION
The Senate met at two o'clock this afternoon and was called to order by the President.
The following bills of the Senate were read the third time and put upon their passage:
Senate Bill No. 215. A bill regulating practice and procedure in criminal cases.

Mo~DAY, MARCH 6, 1933.

925

The report 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 Cail of the 17th District-
Senate Bill No. 193. A bill to amend the health laws of Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, the nays 0.
The bill having received.the requisite Constitutional majority, was passed.
By Senator Sims of the 35th District-
Senate Bill No. 216. A bill providing for joinder of several cases against same defendant.
The report 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 unanimous consent Senate Bill No. 216 was ordered immediately transmitted to the House.
The following bill of the House was read the third time and put upon its passage:

By Mr. Williams of Bacon-
House Bill No. 191. A bill providing for two terms of the Superior Court in Bacon County.

926

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 Senate were read the third time and put upon their passage:

By Senator Sims of the 35th District-
Senate Bill No. 217. A bill to provide for joint trial of defendants jointly indicted.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 15, the nays 16.
The bill having failed to receive the requisite Constitutional majority, was lost.

By Senator Sims of the 35th District-
Senate Bill No. 218. A bill to provide for appeals by the State in criminal cases.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 17, the nays 14.
The bill having failed to receive the requisite Constitutional majority, was lost.
By Senator Sims of the 35th District-
Senate Bill No. 219. A bill to provide for amendments of indictments in criminal cases.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, MARCH 6, 1933.

927

On the passage of the bill the ayes were 22, the nays 13.
The bill having failed to receive the requisite Constitutional majority, was lost.

By Senator Sims of the 35th DistrictSenate Bill No. 222. A bill to provide for wa1ver of
indictments in criminal cases. The report of the committee, which was favorable to the
pass~ge 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 Sims of the 35th District-
Senate Bill No. 40. A bill to regulate practice and procedure in criminal cases.
The committee offered the following substitute:

A BILL

To be entitled an Act to amend an Act entitled an Act to provide for indeterminate sentences, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act Section 1 of "An Act entitled an Act to provide for indeterminate sentences and for other purposes," approved August 18th, 1919, be and the same is hereby amended by striking from the third line of said section the words "That the jury in their verdict," and inserting in lieu thereof the words "the Judge presiding in criminal trials, and not the jury, shall fix the punishment. And the Judge pre-

928

JOURNAL OF THE SENATE,

siding in," by inserting in the fifth line of said section, between the words "by" and "life," the words "death" or; by inserting in the sixth line of said section after the word "term" and before the word "which" the words "of imprisonment as punishment on all persons convicted or pleading guilty to such felony"; by striking from said section all that portion thereof beginning with the word "and" in the eighth line of said section and ending with the word "fit" in the thirteenth line thereof; so that said section, when so amended, shall read as follows:
"Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Judge presiding in criminal trials, and not the jury, shall fix the punishment. And the Judge presiding in the trial of all cases of felony not punishable by death or life imprisonment, shall prescribe a minimum and maximum term of imprisonment as punishment on all persons convicted of or pleading guilty to such felonies, which shall be within the minimum and maximum prescribed by law as the punishment for said crime. The Prison Commission shall fix rules by which said convict, after serving the minimum sentence, may be allowed to complete his term without the confines of the penitentiary upon complying with said rules.
Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the above be, and the same are, hereby repealed.

Senator Paschall of the 43rd District moved to amend Senate Bill No. 40, as follows:
By adding a new section to be properly numbered, as follows:

"The provisions of this Act shall apply only to those counties having an excess of 200,000 population, according to last census."

MoNDAY, MARCH 6, 1933.

929

Senator Colson of the 4th District moved to amend Senate Bill No. 40, as follows:
At the end of the words "in the thirteenth line thereof," by adding thereto the following:
"But nothing herein shall be construed to prohibit the jury from recommending that the defendant be punished as for a misdemeanor, and the trial Judge shall have the power to so fix the punishment."
The question was on the amendment of the Senator from the 4th District and the amendment was adopted.
The question was on the amendment of the Senator from the 43rd District and the amendment was adopted.
The question was on the adoption of the substitute as amended. The substitute as amended was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.
On the passage of the bill, by substitute as amended, .the ayes were 26 and the nays 11.
The bill, by substitute as amended, having received the requisite Constitutional majority, was passed.
By unanimous consent the bill was ordered immediately transmitted to the House.
The following bill of the House was read the third time and put upon its passage:

By Mr. Evans of McDuffie-
House Bill No. 40. A bill to provide for the suspension of sentences in misdemeanor cases.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 0, nays 4 7.

930

JOURNAL OF THE SENATE,

The bill having failed to receive the requisite Constitutinal majority, was lost.
By Mr. Lane of Jenkins-
House Bill No. 602. A bill to regulate fishing in certain streams.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 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 Hubbard of the 31st District, Jackson of the 21st District and Cloud of the 19th District-
Senate Bill No. 184. A bill to amend the Act to rewt:ite the School Code.
Senator Hubbard of the 31st District offered an amendment which 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 21, nays 12.
The bill having failed to receive the requisite Constitutional majority, was lost.
The following bill of the Senate was read the third time and put upon its passage:

By Senators Howard of the 24th District and Boykin of the 29th District-
Senate Bill No. 56. A bill to amend Paragraph 2, Sec-

MoNDAY, MARCH 6, 1933.

931

tion 2, Article 7, of the Constitution to exempt from taxation for State purposes only property not exceeding $5,000 in value.
The committee offered a substitute.
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. Hartsfield of Fulton-
House Bill No. 549. A bill to amend an Act creating a new charter for the City of East Point, and for other purposes.

By Mr. "Wilson of Murray-
House Bill No. 679. A bill to be entitled an Act to consolidate and abolish the offices of Tax Receiver and Tax Collector of Murray County, and to create in lieu thereof the office of Tax Commissioner, and for other purposes.

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 683. A bill to provide for the payment by counties in this State having a certain population of actual costs incurred in the Superior Courts and City Courts for the trial and conviction of all convicts, and for other purposes.

By Messrs. Davis, Lanham and Crawford of Floyd-
House Bill No. 685. A bill to amend an Act entitled an Act to create a new charter for the City of Rome; to define the powers of the municipality, and for other purposes.

932

JouRNAL OF THE SENATE,

By Messrs. Bean and Dorsett of Carroll-

House Bill No. 691. A bill to repeal Section 1 of an

amended Act to the city charter of Carrollton, Georgia, and

for other purposes.



By Messrs. Bean and Dorsett of Carroll-
House Bill No. 692. A bill to repeal Paragraph 2 of Section 1 of an Act to amend an Act to establish a system of public schools for the City of Carrollton, in Carroll 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 reqmstte Constitutional majority the following bills of the House, to-wit:

By Messrs. Bean and Dorsett of Carroll-
House Bill No. 693. A bill to amend an Act establishing a charter for the City of Carrollton, Georgia, approved September 9, 1891, and all Acts amendatory thereto, and for other purposes.

By Mr. Johnson of Seminole-
House Bill No. 70 1. A bill to amend an Act to establish a Board of Commissioners of Roads and Revenues for the County of Seminole, to provide for the manner of their election, etc., so as to change the manner in which the Board of County Commissioners of Seminole County shall be elected, and for other purposes.

By Mr. Melton of EarlyHouse Bill No. 705. A bill to create a Board of Com-

MONDAY, MARCH 6, 1933.

933

missioners of Roads and Revenues for the County of Early, State of Georgia, and for other purposes.

By Mr. Melton of Early-
House Bill No. 706. A bill to amend an Act to amend an Act reducing the official bond of the sheriff of Early County, Georgia, and for other purposes.

By Mr. \Villiams of Mcintosh-
House Bill No. 716. A bill to amend an Act to consolidate the office of Tax Receiver and Tax Collector in Mcintosh County, and for other purposes.

By Messrs. Chappell and Stukes of Sumter-
House Bill No. 717. A bill to amend an Act entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, and for other purposes.

By Mr. Daughtry of Wilkinson-
House Bill No. 718. A bill to create a County Court for the County of Wilkinson, 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 of the House, to-wit:

By Mr. Pope of Toombs-
Hause Bill No. 732. A bill to amend an Act amending an Act creating the City Court of Lyons, and for other purposes.

934

JouRNAL OF THE SENATE,

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 750. A bill to amend the Act creating and establishing a new charter for the City of Albany, Georgia, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

/'.1r. President:
The House has adopted by the reqms1te Constitutional majority the following resolution of the House, to-wit:

By Mr. Jones of Lumpkin-
House Resolution No. 158-700a. To relieve N. A. Garner and D. M. Jordan as sureties on bond of Jess Kimbraugh, 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 of the Senate, to-wit:

By Messrs. Colson of the 4th and Pottle of the 1Oth-
Senate Resolution No. 94. A resolution expressing the
sincere sympathy of the General Assembly at the untimely
death of Honorable Thomas J. Walsh.
Senator Boykin of the 29th District moved that the Senate adjourn, and the motion prevailed.
The Chair announced that the Senate stood adjourned until ten o'clock A. M., tomorrow.
Senate Bill No. 56 went over as unfinished business.

TUESDAY, MARCH 7, 1933.

935

SENATE CHAMBER, ATLANTA, GA. TUESDAY, MARCH 7, 1933.

The Senate met pursuant to adjournment, at ten 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 dis-

pensed with.



Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.

Senator Hubbard of the 31st District gave notice that he would move at the proper time that the Senate reconsider its action in failing to pass Senate Bill No. 184.

Senator Campbell of the 34th District gave notice that he would move at the proper time that the Senate reconsider its action in failing to pass Senate Bills Nos. 217 and 219:

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

By Messrs. Flynt of Spalding, and Harris of Richmond-
House Resolution No. 178. A resolution that the General Assembly convene in joint session at 12:30 P. M. today to hear an address by His Excellency, the Governor, and that a committee of two from the Senate and three from the House be appointed by the Presiding Officers of each House respectively to escort the Governor to the Hall of the House of Representatives. The President appointed as a committee Senators Howard of the 2nd District, and Boyd of the 33rd District.

936

JOURNAL OF THE SENATE,

Senator Cail of the 17th District asked unanimous consent that Senate Bill No. 233, A bill to regulate the conduc! of the State-wide Elections by Political parties, be withdrawn from Committee on Privileges and Elections, read the second time and recommitted to the Committee on General Judiciary No.2, and the consent was granted.
Senator Carithers of the 27th District asked unanimous consent that House Bill No. 94 be withdrawn from the committee, read the second time and recommitted, and the consent was granted.
The following privileged resolutions were read and adopted:

By Senator Moore of the 47th District-
A resolution extending the privileges of the floor to
Mrs. W. E. White of Tifton, Georgia.

By Senator Campbell of the 34th District-
A resolution extending the privileges of the floor to Judge
E. R. Hamilton of DeKalb County.

By Senator Lester of the 18th District-
A resolution extending privileges of the floor to the Honorable Gary 'Whittle, Sheriff of Richmond County, and to the Hon. Alf A. Traylor, former Representative from Richmond County.

By Senator Lovett of the 16th District-
A resolution extending the privilege of the floor to the
Honorable E. E. Daly of Wrightsville, and to the Honor-
able H. T. Johnson of the same city.

TUESDAY, MARCH 7, 1933.

937

The following report of the Committee on Rules was read and adopted:

Mr. President:
Your Committee on Rules establishes the following order of business for today's session, immediately following the period of Unanimous Consents, to-wit:

SENATE BILLS
No. 33. Sisk of 30th-Limit amount counties levy for taxes.
No. 56. Howard of 24th, and Boykin of 29th-Property exemption from taxation.
No. 86. Conner of 14th-Authorize Highway Department to pave one mile to Cochran School.
No. 92. Sims of 35th and Pottle of lOth-Bus and truck regulation.
No. 66. Knox of 3rd-Regulation of power sale.
No. 68. Hubbard of 31st-School tax levy amendment.
No. 194. Knox of 3rd-Compensation of sheriffs and clerks and salaries of ordinaries.
No. 196. Hutcheson of 44th-Require Highway Department to use convicts. 1

HOUSE BILLS
No. 56. Evans from McDuffie-Burial Association bill.
The foregoing bills to be taken up as they appear in their order in this calendar.
Your Committee adopted the following resolution limiting debate on all bills; each proponent of a bill shall be limited to ten minutes for debate. One selected opponent

938

JouRNAL OF THE SENATE,

of any bill shall be limited to twenty minutes for debate. Any Senator desiring to debate any question shall be limited to five minutes' time for debate. The committee recommended that the Senate adjourn at one o'clock until two o'clock and remain in session from two o'clock until five o'clock today.

Respectfully submitted,

w. GEO.

FETZER,

Vice-Chairman.

'VM. M. LESTER,
Secretary.

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

By Senator Lester of the 18th District-
Senate Bill No. 247. A bill to provide for the recording of tax fi. fas. in the office of the Clerk of the Superior Court of each county where taxes are assessed against taxpayer; to provide the fee due the Clerk of the Court for such recording; to provide protection for innocent parties, and for other purposes.
Referred to Committee on Judiciary No. 1.

By Senator Colson of the 4th District-
Senate Bill No. 239. A bill to amend the Charter of the City of Brunswick, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Hutcheson of the 44th District-
Senate Bill No. 240. A bill giving preference of 15% to ex-service men in Civil Service examinations and appointments, and for other purposes.
Referred to Committee on Judiciary No. 1.

TuEsDAY, MARCH 7, 1933.

939

By Senator Colson of the 4th District-
Senate Bill No. 241. A bill to amend the charter of the City of Brunswick, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Fetzer of the 1st District-
Senate Bill No. 243. A bill to amend an Act to create and organize Commissioners of Chatham County who shall be ex-officio Judges, to define their jurisdiction and duties, and for other purposes, approved February 21, 1873, and the several Acts amendatory thereof and relating and supplementary thereof, and for other purposes.
Referred to Committee on Judiciary No. 1.

By Senator Colson of the 4th District-
Senate Bill No. 244. A bill to amend the Charter of the City of Brunswick, and for other purposes.
Referred to Committee on Municipal Government.

By Senator Rivers of the 15th District-
Senate Bill No. 245. A bill to reduce the bond of the Sheriff of Montgomery County, Georgia, from the amount of $10,000.00 to $5 ,000.00, and for other purposes.
Referred to Committee on County and County J\!Iatters.

By Senator Cail of the 17th District-
Senate Bill No. 246. A bill to amend an Act entitled An Act to amend an Act to establish the City Court of Sylvania in and for the County of Screven, approved December 15, 1902, as found in Georgia Laws of 1902, commencing on page 162 and ending on page 174, and as amended from time to time thereafter, said Act being approved July 31, 1929, as found in Georgia Laws of 1929.

940

JouRNAL OF THE SENATE,

Referred to Committee on Judiciary No. 2.
The following resolution of the Senate was introduced, read the first time, and referred to the committee:

By Senator Hutcheson of the 44th District-
Senate Resolution No. 97. A resolution exempting certain personal property from taxation, and for other purposes.
Referred to Committee on Finances.
The following bill of the Senate was introduced, read the first time, and referred to committee:

By Senator Hutcheson of the 44th District-
Senate Bill No. 242. A bill to amend Act licensing War Veterans by striking words, "Disabled or indigent," 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 of the House, to-wit:

By Mr. Williams of Mcintosh-
House Bill No. 715. A bill to be entitled an Act to amend an Act to establish the City Court of Darien', in and for the County of Mcintosh, and for other purposes.

By Messrs. Simms and Tillman of Brooks-
House Bill No. 736. A bill to be entitled an Act to amend an Act providing that the Judge and the Solicitor of the City Court of Quitman shall receive such salary as may be from time to time fixed and provided for by the

TUESDAY, MARCH 7, 1933.

941

Board of Commissioners of Roads and Revenues of Brooks County, and for other purposes.

By Mr. Lee of Pulaski-
House Bill No. 739. A bill to repeal an Act creating the office of Commissioner of Roads and Revenue in and for the County of Pulaski, State of Georgia, and for other purposes.

By Mr. Davis of Troup-
House Bill No. 741. A bill to be entitled an Act to amend the Charter of the City of Hogansville, approved on August 6, 1924, and for other purposes.
By Mr. Mitchell of Taliaferro-
Hause Bill No. 752. A bill to be entitled an Act to provide for the election of a marshall and nightwatchman for the City of Crawfordville, 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 of the House, to-wit:

By Mr. Comas of Appling-
House Bill No. 719. A bill to amend an Act approved August 21, 1911, entitled an Act to create a new Charter for the City of Baxley, and for other purposes:

By Mr. Melton of Early-
House Bill No. 735. A bill to amend the Act of 1906, page 161, creating the City Court of Blakely, and the Acts amendatory thereof so as to reduce the salary of the Judge of said Court, and for other purposes.

942

}OURNAL OF THE SENATE,

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 resolution of the House, to-wit:

By Mr. Palmour of Hall-
House Resolution No. 167-741 a. Authorizing and directing the State Librarian to furnish to the Law Library of the County of Hall certain missing volumes.
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. Mundy of Polk-
House Bill No. 403. A bill to be entitled an Act to make appropriations for the operation of the State Government for the support of its Eleemosynary Institutions, for aid to the University System, and to the Common Schools of the State, and for other purposes.

By Messrs. Arnall and Dyer of Coweta-
House Bill No. 672. A bill to amend the Charter of the City of Newnan so as to authorize the City of Newnan to insure the lives of its employees, and for other purposes.

By Messrs. Martin and Allen of Jackson-
House Bill No. 677. A bill to vest in the tax collectors of the State of Georgia in all counties having a certain population all the powers and duties of sheriffs and for other purposes.

TUESDAY, MARCH 7, 1933.

943

By Mr. Edwards of Stephens-
House Bill No. 699. A bill to amend an Act providing for County Commissioners for Roads and Revenues for the County of Stephens, so as to provide for the election of the Commissioners by the qualified voters of said County to fix the term of office of same, and for other purposes.

By Mr. Teasley of Cherokee-
House Bill No. 710. A bill to be entitled an Act to amend an Act reincorporating the Town of Canton, approved July 26, 1922, and for other purposes.

By Mr. Melton of Early-
House Bill No. 707. A bill to be entitled an Act to amend an Act entitled an Act to create and incorporate the City of Blakely, and for other purposes.

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. 141.
Respectfully submitted;
G. c. ALSTON,
Chairman.

Mr. President:
Your Committee on Enrollment has read and approved the following Acts 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.

944

JouRNAL OF THE SENATE,

Senate Acts Nos. 135, 185.
Respectfully submitted,
G. c. ALSTON,
Chairman.

l'vfr. President:
Your Committee on Engrossing has read and approved the following Senate Bills Nos. 40, 155, 163, 189, 193, 197, 215, 216, 222, and report the same back as being ready for transmission to the House.
Respectfully submitted,
w. F. ANDREWS,
Chairman.
Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2, have had under consideration the following and have instructed me as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 604. Do pass.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and House, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:

TUESDAY, MARCH 7, 1933.

945

Senate Bill No. 232. do pass.
Senate Bill No. 235. do pass.

By Mr. Hutcheson of the 44th, By Mr. Hutcheson of the 44th,

Senate Bill No. 236. By Mr. Hutcheson of the 44th, do pass.

House Bill No. 321. By Mr. Burson of Barrow, do pass as amended.

House Bill No. 584. By Messrs. Eckford, Still and Hartsfield of Fulton, do pass.

House Bill No. 649. By Mr. Dickey of Gordon, do pass.

House Bill No. 650. By Mr. Dickey of Gordon, do pass.

House Bill No. 67_6. By Messrs. Martin and Allen of Jackson, do pass.

House Bill No. 678. By Messrs. Martin and Allen of Jackson, do pass.

House Bill No. 687. By Messrs. Davis and Hand of Mitchell, do pass.

House Bill No. 721. By Mr. Harden of Turner, do pass.

House Bill No. 734. By Mr. Stokes of Twiggs, do pass.

House Bill No. 660. By Messrs. Robison and Scott of Thomas, do pass.

House Bill No. 330. By Mr. Holland of Chattooga, do pass by substitute.

House Bill No. 524. By Mr. Holland of Chattooga, do pass by substitute.

Mr. Hubbard of the 31st District, Chairman of the

946

JoURNAL OF THE SENATE,

Committee on Education and Public Schools, submitted the following report :

Mr. President:
Your Committee on Education and Public Schools have had under consideration the following bills and have instructed me, as Chairman, to report same back to the Senate with the recommendation that:
Senate Bill No. 231, do pass.
House Bill No. 363, do pass.
Mr. Colson of the 4th District, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. President:

Your Committee on Game and Fish have had under consideration the following Senate Bill No. 200 and House Bill No. 290, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:

House Bill No. 290, do pass.

Senate Bill No. 200, do not pass.

J. T. COLSON,
Chairman.

Mr. Howard of the 2nd District, Chairman of the Committee on Municipal Government, submitted the following report:

JI.;Jr. President:
Your Committee on Municipal Government have had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:

TUESDAY, MARCH 7, 1933.

947

Senate Bill No. 239. By Lester of the 18th District, do pass.
House Bill No. 556. By Townsend of Dade, do pass.
House Bill No. 572. By Sammon of Gwinnett, do pass.
House Bill No. 662. By Claxton of Johnson, do pass.
Senate Bill No. 234. By Dorminy of the 45th District, do pass.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

1\IIr. President:
The House has disagreed to the Senate Amendment to the following bill of the House:

By Messrs. Hartsfield, Eckford and Still of Fulton-
House Bill No. 381. A bill to provide that the salaries of certain county officers in counties of a certain population, shall be fixed by the Commissioners of Roads and Revenues, and for other purposes.

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 House, to-wit:

By Messrs. Flynt of Spalding and Harris of Richmond-
House Resolution No. 178. That the General Assembly convene in joint session at 12 :30 P. M. today for the purpose of hearing an address from His Excdlency, the Governor.

948

JoURNAL OF THE SENATE,

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 to escort the Governor, under the provisions of House Resolution No. 178, the following members of the House, to-wit:
Messrs. Rountree of Emanuel, Almand of Walton and Maxwell of Grady.
The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Robertson of Thomas-
House Bill No. 290. A bill to amend the Act for the protection of birds, fish, game and fur-bearing animals', and for other purposes.

By Mr. Burson of Barrow-
House Bill No. 321. A bill to abolish the office of County Treasurer of Barrow County, Georgia, to provide for the selection of a county depository of said county, and for other purposes.

By Mr. Holland of Chattooga-
House Bill No. 330. A bill to abolish the office of County Treasurer of Chattooga County, Georgia, to provide the manner of handling the funds of said county, and for other purposes.

By Messrs. Cartledge, Lanier and Harris of Richmond-
House Bill No. 363. A bill to provide that in certain counties in Georgia taxpayers shall have the option of paying certain amounts upon their county school taxes before

TUESDAY, MARCH 7, 1933.

949

due and receive a five per cent discount on same, and for other purposes.

By Mr. Holland of Chattooga-
House Bill No. 524. A bill to abolish the Board of Commissioners of Roads and Revenue of Chattooga County, Georgia, and for other purposes.

By Mr. Townsend of Dade-
House Bill No. 556. A bill to amend, codify, consoli-
date and establish a new charter for the town of Trenton in the County of Dade, and for other purposes.

By Mr. Sammon of Gwinnett-
House Bill No. 572. A bill to alter and amend, revise
and consolidate the several Acts of the General Assembly of Georgia, granting corporate authority to the Town of Lawrenceville, and for other purposes.

By Messrs. Eckford, Still and Hartsfield of Fulton-
House Bill No. 584. A bill to authorize the Board of Education of all counties in the State of Georgia having a population in excess of 200,000 to borrow money for the operation of schools in amounts not exceeding the total sum to be received by said Board from the State Appropriation and school taxes, and for other purposes.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 604. A bill to reenact, ratify and confirm an Act to abolish the Justice Courts and the office of Justice of the Peace and Notary Public ex-officio justice of the peace and the office of Constable in the City of Augusta; to create a Municipal Court for said City, and for other purposes.

950

JOURNAL OF THE SENATE,

By Mr. Dickey of Gordon-
House Bill No. 649. A bill to amend an Act to create the office of Commissioner of Roads and Revenues in and for Gordon County, Georgia, and for other purposes.

By Mr. Dickey of Gordon-
House Bill No. 650. A bill to abolish the office of Tax Receiver and the office of Tax Collector of Gordon County, and for other purposes.

By Messrs. Robertson and Scott of Thomas-
House Bill No. 660. A bill to amend an Act of December 21, 1898, and all Acts amendatory thereof, providing for a Board of Commissioners of Roads and Revenues of the County of Thomas, describing their authority, and for other purposes.

By Mr. Claxton of Johnson-
House Bill No. 662. A bill to amend the Charter of the City of Wrightsville, in Johnson County; so as to provide that all elections shall be held at the City Hall; and for other purposes.

By Messrs. Martin and Allen of Jackson-
House Bill No. 67 6. A bill to amend an Act approved July 24, 1924, as amended by an Act approved August 14, 1931, entitled an Act to abolish the office of County Treasurer of Jackson County, and for other purposes.

By Messrs. Martin and Allen of Jackson-
House Bill No. 678. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Jackson County, etc., and for other purposes.

TUESDAY, MARCH 7, 1933.

951

By Messrs. Davis and Hand of Mitchell-
House Bill No. 687. A bill to amend an Act approved
August 7, 1931, entitled an Act to abolish the office of Tax Receiver and Tax Collector of Mitchell County, Georgia; to create the office of Tax Commissioner of Mitchell County; -and for other purposes.

By Harden of Turner-
House Bill No. 721. A bill to amend an Act to abolish the offices of Tax Receiver and the Tax Collector of Turner County, Georgia, and creating the office of County Tax Commissioner, and for other purposes.

By Mr. Stokes of Twiggs-
Hause Bill No. 734. A bill to provide the time at which primary elections for nominations of county officers shall be held in Twiggs County, Georgia, and for other purposes.
The following bills of the Senate, favorably reported by committees, were read. the second time:

By Senator Lester of the 18th District-
Senate Bill No. 229. A bill amending the Charter of the City of Augusta.

By Senator Dorminy of the 45th District-
Senate Bill No. 234. A bill amending the Charter of the City of Fitzgerald.

By Senator Hutcheson of the 44th District-
Senate Bill No. 232. A bill abolishing the offices of Tax Receiver and Tax Collector of Walker County and creating the office of Tax Commissioner.

952

JOURNAL OF THE SENATE,

By Senator Hutcheson of the 44th District-
Senate Bill No. 235. A bill creating the office of Commissioner of Roads and Revenues for Walker County.

By Senator Hutcheson of the 44th District-
Senate Bill No. 236. A bill to abolish the Board of Commissioners of Roads and Revenues for Walker County.
By Senator Hubbard of the 31st District-
Senate Bill No. 231. A bill amending the Act known as the Motor Vehicle Law.
The following bills and resolutions of the House were read the third time and put upon their passage:

By Mr. Boyd of Greene-
House Resolution No. 125. A resolution that the State Librarian furnish certain law books to the Clerk of Court of Greene 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 39, the nays 0.
The resolution having received the requisite Constitutional majority, was passed.
By Mr. Lane of Jenkins-
House Resolution No. 137. A resolution that the State Librarian furnish certain law books to the Ordinary of Jenkins 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 41, the nays 0.

TUESDAY, MARCH 7, 1933.

953

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

By Mr. Rivers of Lanier-

Hause Bill No. 600. A bill abolishing the office of Commissioner 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 41, the nays 0.

The bill having received the requisite Constitutional ma-

jority, was passed.



By Mr. Rivers of Lanier-
Hause Bill No. 601. A bill creating the office of Commissioner 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 passage of the bill the ayes were 41, the nays 0.
The bill having received the requisite Constitutional majority, was passed.
Senator Campbell of the 34th District, moved that the Senate reconsider its action yesterday in failing to pass Senate Bill No. 219, a bill to provide for amendments to indictments in criminal cases, and the motion prevailed.
Senator Sims of the 35th District, moved that the Senate reconsider its action in failing to pass Senate Bill No. 217, a bill to provide for Joint Trial of defendants jointly indicted and the motion prevailed.
Senator Hubbard of the 31st District moved that the Senate reconsider its action in failing to pass Senate Bill No. 184, a bill to revise the school code, and the motion prevailed.

954

JOURNAL OF THE SENATE,

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

By Mr. Hartsfield of Fulton-
House Bill No. 549. A bill to amend an Act creating a new charter for the City of East Point; and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Wilson of Murray-
House Bill No. 679. A bill to be entitled an Act to consolidate and abolish the offices of Tax Receiver and Tax Collector of Murray County, and to create in lieu thereof the office of Tax Commissioner, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 683. A bill to provide for the payment by counties in this State having a certain population of actual costs incurred in the Superior Courts and City Courts for the trial and conviction of all convicts; and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Messrs. Davis, Lanham and Crawford of Floyd-
House Bill No. 685. A bill to amend an Act entitled an Act to create a new charter for the City of Rome; to define the powers of the municipality; and for other purposes.
Referred to Committee on Municipal Government-

By Messrs. Bean and Dorsett of CarrollHouse Bill No. 691. A bill to repeal Section 1 of an

TUESDAY, MARCH 7, 1933.

955

amended Act to the City Charter of Carrollton, Georgia; and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Bean and Dorsett of Carroll-
House Bill No. 692. A bill to repeal Paragraph 2 of Section 1 of an Act to amend an Act to establish a system of public schools for the City of Carrollton in Carroll County; and for other purposes.
Referred to Committee on Education.

By Messrs. Bean and Dorsett of Carroll-
House Bill No. 693. A bill to amend an Act establishing a charter for the City of Carrollton, Georgia, approved September 9, 1891, and all Acts amendatory thereto, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Johnson of Seminole--
House Bill No. 701. A bill to amend an Act to establish a Board of Commissioners of Roads and Revenues for the County of Seminole, to provide for the manner of their election, etc., so as to change the manner in which the Board of County Commissioners of Seminole County shall be elected, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Melton of Early-
House Bill No. 705. A bill to create a Board of Commissioners of Roads and Revenues for the County of Early; State of Georgia, and for other purposes.
Referred to Committee on Counties and County lVIatters.

956

JoURNAL OF THE SENATE,

By Mr. Melton of Early-
House Bill No. 706. A bill to amend an Act to amend an Act reducing the official bond of the Sheriff of Early County, Georgia; and for other purposes.
Referred to committee on General Judiciary No. 2.

By Mr. Williams of Mcintosh-
House Bill No. 716. A bill to amend an Act to consolidate the office of Tax Receiver and Tax Collector in McIntosh County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Chappell and Stukes of Sumter:
House Bill No. 717. A bill to amend an Act entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, and for other purposes.
Referred to Committee on Counties and County Matters.
By Mr. Daughtry of Wilkinson-

House Bill No. 718. A bill to create a county court for the county of Wilkinson, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Pope of Toombs-
Hause Bill No. 732. A bill to amend an Act amending an Act creating the City Court of Lyons, and for other purposes.
Referred to Committee on Special Judiciary.
By Messrs. Bennett and Westbrook of DoughertyHouse Bill No. 750. A bill to amend the Act creating

TUESDAY, MARCH 7, 1933.

957

and establishing a new charter for the City of Albany, Georgia, and for other purposes.
Referred to Committee on Municipal Government.
The following Resolution of the House was read the first time and referred to a committee:
House Resolution No. 158-700A. A resolution to relieve N. A. Garner and D. M. Jordan as sureties on bond of Jess Kimbraugh; and for other purposes.
Referred to Committee on General Judiciary No. 2.
The following bills of the House were read the first time and referred to committees:.

By Mr. Williams of Mcintosh-
House Bill No. 715. A bill to be entitled an Act to amend an Act to establish the City Court of Darien, in and for the County of Mcintosh, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Simms and Tillman of Brooks-
House Bill No. 736. A bill to be entitled an Act to amend an Act providing that the Judge and the Solicitor of the City Court of Quitman shall receive such salary as may be from time to time fixed and provided for by the Board of Commissioners of Roads and Revenues of Brooks County, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Lee of Pulaski-
House Bill No. 739. A bill to repeal an Act creating the office of Commissioner of Roads and Revenue in and for the County of Pulaski, State of Georgia, and for other purposes.

958

JOURNAL OF THE SENATE,

Referred to Committee on Counties and County Matters.

By Mr. Davis of Troup-
House Bill No. 741. A bill to be entitled an Act to amend the Charter of the City of Hogansville approved on August 6, 1924, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Mitchell of Taliaferro-
Hause Bill No. 752. A bill to be entitled an Act to pro-
vide for the election of a Marshal and Nightwatchman for the City of Crawfordville, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Comas of Appling-
House Bill No. 719. A bill to amend an Act approved August 21, 1911, entitled an Act to create a new charter for the City of Baxley, and for other purposes.
Referred to Committee on :Municipal Government.

By Mr. Melton of Early-
House Bill No. 735. A bill to amend the Act of 1906, Page 161, creating the City Court of Blakely, and the Acts amendatory thereof, so as to reduce the salary of the Judge of said Court; and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Mundy of Polk-
House Bill No. 403. A bill to be entitled an Ad to make appropriations for the operation of the State Government, for the support of its Eleemosynary Institutions, for aid to the University System, and to the common schools of the State, and for other purposes.

TUESDAY, MARCH 7, 1933.

959

Referred to Committee on Appropriations.

By Messrs. Arnall and Dyer of Coweta-
House Bill No. 672. A bill to amend the charter of the City of Newnan so as to authorize the City of Newnan to insure the lives of its employees, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Martin and Allen of Jackson-
House Bill No. 677. A bill to vest in the Tax Collectors of the State of Georgia in all counties having a certain population all the powers and duties of Sheriffs, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Edwards of Stephens-
House Bill No. 699. A bill to amend an Act providing for County Commissioners for Roads and Revenues for the County of Stephens, so as to provide for the election of the Commissioners by the qualified voters of said county to fix the term of office of same, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Teasley of Cherokee-
House Bill No. 710. A bill to be entitled an Act to amend an Act reincorporating the town of Canton, approved July 26, 1922, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Melton of Early-
House Bill No. 707. A bill to be entitled an Act to amend an Act entitled an Act to create and incorporate the City of Blakely, and for other purposes.

960

jOURNAL OF THE SENATE,

Referred to Committee on Municipal Government.
The following resolution of the House was read the first time and referred to a committee:

By Mr. Palmour of Hall-
House Resolution No. 167-741A. A resolution authorizing and directing the State Librarian to furnish to the Law Library of the County of Hall certain missing volumes.
Referred to Committee on Public Library.
The following billsof the Senate continued from yesterday's session was taken up for passage:

By Senator Howard of the 24th District-
Senate Bill No. 56. A bill to amend the Constitution so as to exempt from taxation for State purposes only property not exceeding value of $5 ,000.00.
The committee offered the following substitute, to-wit:

A BILL
To be entitled an Act to submit to the qualified voters of Georgia an Amendment to Paragraph 2 of Section 2 of Article 7 of the Constitution of Georgia by adding thereto a provision authorizing the General Assembly to exempt from Taxation by the State not exceeding Two Thousand ( $2,000.00) Dollars of value invested in a residence and the land on which it is located if occupied as a residence by its owner; also to exempt not exceeding Three Hundred ( $300.00) Dollars of value of household and kitchen furniture from taxation for State purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia that Paragraph 2 of Section 2 of Article 7 of the Constitution be amended by adding at the end of

TUESDAY, MARCH 7, 1933.

961

said paragraph the following, to-wit: "The General Assembly shall have the power to exempt from taxation by the State for State purposes only not exceeding Two Thousand ( $2,000.00) Dollars of value invested in a residence and the land lot on which it is located if occupied by its owner.
The General Assembly may also exempt from taxation by the State for State purposes only not exceeding Three Hundred ($300.00) Dollars of value of household and kitchen furniture.
Sec. 2. Be it further enacted that when this proposed amendment shall be agreed to by two-thirds of the members of both branches of the General Assembly and has been entered on the Journals with the ayes and nays thereon, the same shall be published as required by law, and shall be submitted to the qualified voters of the State of Georgia at the next general election. All persons voting at said election in favor of adopting the proposed amendment shall have printed on their ballots: "For ratification of amendment to Paragraph Two of Section Two of Article Seven of the Constitution exempting from taxation for state purposes only not exceeding Two Thousand ($2,000.00) Dollars of value of residence and land-lot occupied by its owner; Also exempting from taxation for state purposes only not exceeding Three Hundred ( $300.00) Dollars in value of house and kitchen furniture." All persons voting against the proposed amendment shall have printed on their ballots "Against ratification of amendment to Paragraph Two of Section Two of Article Seven of the Constitution exempting from taxation for state purposes only not exceeding Two Thousand ($2,000.00) Dollars of value of residence and land lot occupied by its owner. Also exempting from taxation for State purposes only not exceeding Three Hundred ( $300.00) Dollars in value of household and kitchen furniture."
Sec. 3. Be it further enacted that if a majority of the qualified voters of the State shall ratify this proposed

962

JoURNAL OF THE SENATE,

amendment that said Paragraph two of Section two of Article 7 of the Constitution of Georgia shall be amended as proposed in this Act, and the Governor shall make such proclamation thereof as required by law.
Sec. 4. Be it further enacted by authority aforesaid that all laws in conflict with this Act be, and the same are hereby repealed.
Senator Key of the 28th District moved to amend Sen-
ate substitute to Senate Bill No. 56, as follows:

"By striking the words and figures Two Thousand Dollars ( $2,000.00) wherever same appears in said substitute and inserting in lieu thereof the words and figures Sixteen Hundred Dollars ($1,600.00)."
The amendment was adopted.
The Substitute as amended was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.

On the passage of the bill by substitute as amended, being a proposal to amend the Constitution, the roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Andrews Baggett Boyd Boykin Cail Carithers Cason Cloud Colson Conner Dean Dorminy

Edmondson Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Lester Lovett

Mallett Moore Nelson Pottle Rivers Robertson Sisk Sparks Tate Terrell Turner Tuten Weaver

TUESDAY, MARCH 7, 1933.

963

Those voting in the negative were Senators:

Culpepper Fetzer

Knox Morris of the 39th Morris of the 5th

Oliver Paschall Sims

The ayes were 40 and the nays 8.
By unanimous consent verification of the roll call was dispensed with.

The bill by substitute as amended having received the requisite two-thirds Constitutional majority, was passed.
By unanimous consent Senate Bill No. 56 was ordered
immediately transmitted to the House.

By Senator Sisk of the 30th and Jackson of the 21st, Key of the 28th, and Knox of the 3rd Districts-
Senate Bill No. 33. A bill to amend the Constitution so as to limit taxation by counties to ten mills.
The committee offered a substitute, which was adopted.
The report of the committee which was favorable to the passage of the bill by substitute, was agreed to.
A minority report was submitted.

On the passage of 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:

Andrews Boyd Cail Campbell Cason Fudge Goldin Groover

Haralson Hogg Howard of the 24th Hutcheson Jackson Knox Lovett Moore

Morris of the 39th Paschall Robertson Sims Sisk Terrell Tuten Weaver

964

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

BQykin Carithers Cloud Conner Culpepper Dean Dorminy

Edmon_dson Fetzer Howard of the 2nd Hubbard Key Lester Lewis

Mallett Morris of the 5th Nelson Oliver Pottle Rivers Sparks Turner

The ayes were 24 and nays 22.

By unanimous consent verification of the roll call was dispensed with.

The bill by substitute having failed to receive the requisite two-thirds Constitutional majority, was lost.

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

By Senator Conner of the 14th District-
Senate Resolution No. 86. A resolution that the Highway Department pave one mile of road from Cochran to the Middle Georgia College.
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~ and the nays 1.
The resolution having received the requisite Constitutional majority, was passed.
By unanimous consent Senate Resolution No. 86 was ordered immediately transmitted to the House.
Senator Howard of the 2nd District moved that when the General Assembly dissolves today that the Senate stand adjourned until 2 :30 o'clock this afternoon, and the motion prevailed.

TUESDAY, MARCH 7, 1933.

965

The hour of convening the joint session of the Senate and House having arrived, the President of the Senate accompanied by the Secretary and Senators, proceeded to the Hall of the House of Representatives and the joint session called to hear an address by His Excellency the Governor was called to order by the President of the Senate.
The President announced that the General Assembly was in joint session and the Secretary read the Resolution convening the joint session. Governor Talmadge escorted to the Speaker's stand by a committee composed of Senators Howard of the 2nd District and Boyd of the 33rd District and Representatives Rountree of Emanuel, Almand of Walton and Maxwell of Grady, was presented by the President of the Senate, and addressed the General Assembly.

ADDRESS BY GOVERNOR TALMADGE TO THE GENERAL ASSEMBLY
March 7, 1933.
Mr. President, Mr. Speaker, Ladies and Gentlemen of the General Assembly:
It is with pleasure and pride that I come in to talk to you today, two weeks before the date of the adjournment of the regular session, and in the beginning, I wish to commend you for the work that you have done, and for the earnest effort you have attached to all legislation.
Some people who do not know what they are talking about, have tried to criticize the General Assembly of Georgia for not passing much legislation for the first four or five weeks of the regular session, but comments like this come from people with good minds but who do not understand all legislative branches of our State and nation.
While the nature of the work of the parliamentary procedure makes it appear that they are marking time for the

966

}OURNAL OF THE SENATE,

first four or five weeks, this is accentuated by the number of local bills that the Senators and Representatives have to introduce and get passed. Those local bills, nine times out of ten, are campaign pledges of the representatives and senators in their home counties and districts.
We are here to enact laws, and we men and women here together are today at the turn of the road. We are making history, and you will see the outcome of it quicker than any of us dream. My idea is that before twelve months rolls around, in legislature and in government we are going to be in untried fields.
I wish that all of you could have been with us at the inauguration in Washington. It was the first that I ever attended. I hope that it will not be the last one. There, going down the line and looking at a quarter of a million people from all sections of the United States with the flags, and seeing the President sworn in, swells the patriotism in your hearts as nothing else will, and that is exactly what we need in this country today, just as much so as when the boys crossed the Potomac, or at Valley Forge during the Revolutionary War.
After the inauguration, there was a meeting called by the President of all of the Governors.
Forty governors were there, and the other eight had personal representatives. A program had been sent to us in advance of the meeting, on the different subjects that the President wanted to discuss. That program was sent out before the banking situation developed, and of course this was put aside until the banking situation was discussed, because the people of the whole United States were expecting something definite to come of the banking situation yesterday, and I think it did.
My idea, and it was expressed by the President before it had culminated with me, was that the banks of this country should issue certificates just as we did in 1907, and

TUESDAY, MARCH 7, 1933.

967

called them "soap wrappers". This was at the beginning of the fall when we were beginning to move cotton, and something had to be done, as we had a shortage of currency.
I want you people to know that we have some bankers in this legislature who want to loan the State money at
3 0% interest. All of the banks in Georgia are not broke.
We have the money here, but in 1907 when that terrible crisis hit the country, (and we had a Roosevelt in the President's chair then, I think the issuing of certificates emanated from him), and we turned the depression into an era of prosperity in less than two months.
This banking situation which has developed in the past two weeks is the best thing that could have happened in this country, because we had a hoarding of money, and everybody had been talking for the last six or eight months about inflation, and it is absolutely necessary that we have it, and the quickest way to inflate is for the banks in Georgia and all other States in the Union to issue certificates and let them be circulated as money. This was done in 1893 and again in 1907 and cleared the situation. Of course, these certificates will have to be regulated by the actual worth of the bank itself, that is, something it is able to redeem and we have ample laws in Georgia to do this.
Let me tell you something else about certificates: It is not the time now to pass any legislation about banking. we have banking laws on the statute books of Georgia and any bank which lives up to the banking laws of Georgia will never break. It is not time for any legislation or any legislative investigation of banks at this time. Vve want to throw off the shackles of fear and take a chance, and do the brave thing.
And as Governor of Georgia, if the information comes to me that certificates are being used by banks beyond their worth, well you know the authority the superintendent of

968

}OURNAL OF THE SENATE,

banks would have to close down that bank. So much for that.
One of the main things which was discussed at the Governors' meeting, besides the banking situation, was the present unemployment situation which is general all over the United States. One man spoke up from Michigan and stated that they had 3,000,000 unemployed people in his State, who naturally should be at work. All along the line, the states described their condition. California and the Western states seem to be as hard hit as the states up North. Georgia, from a standpoint of unemployment, is in the best shape of any State in the Union, but it is bad enough here, and should be remedied and must be remedied.
There was a resolution introduced, and passed by the Governors, strengthening the work of the R. F. C. (that is the Reconstruction Finance Corporation) and enlarging it. There were lots of Governors who thought this was a borrow from the government by the State, and that it would have to be paid back. I am quoting the President of the United States to the Governors that "this money would not have to be paid back. It is not a loan, and is not a lien on the state's property and its taxes."
A resolution was passed by the Governors, calling on Congress to finance or to issue bonds. Some said five billion dollars, and some twenty billion dollars, but the amount was not designated in the resolution, but calling on the United States to issue bonds, Victory Bonds, as they did during the War, with our Liberty Bonds, and appropriating that money to the different States, and take away some of the things that now handicap the Reconstruction Finance Corporation.
At present you can only get money to employ people who are paupers, and when you do employ them, it is for so many hours per week, and no business man would want to conduct his business with his labor regulated that way. The main amendment is to let them get the loans for construe-

TUESDAY, MARCH 7, 1933.

969

tion and employ people who are not yet broke. There has been enough charity in this country, and sometimes I think too much. A dole is not good for any country, but if you have struggling taxpayers who are trying to hold what they have together and the government can aid and assist them from becoming paupers, it is the best work that the government can do. I think that there is a concise effort to put that legislation through.
In conclusion, I want to call your attention to this: Whatever the government may do in getting up money to help people, to help States, to start construction work and things like this, it is only temporary. It cannot last. One described it as "priming a pump." That is all that government aid can do.
The prosperity of this State depends, to my mind, on only one thing, and that is for Georgia to get a profit out of the production of her crops, and we are not going to see any permanent prosperity until this is done.
The Southern Governors had a meeting Sunday. On yesterday we had another separate meeting. More attended yesterday than on Sunday. I had hoped that Hon. M. A. Ferguson, of Texas, could be there, but she sent Mrs. Key in her place.
The prosperity of the South depends upon cotton getting back above what it costs to make it, and it will affect
the sale of gold mines in Alaska quicker than anything I
know, for cotton is the medium of trade for this country.
The Southern Governors are very much interested in getting some legislation and a coalition of the Southern States that will put our principal money crop back on a sound basis where we can make a profit out of it and pay our taxes and build up our farms.
Two years ago an effort was made, a determined effort, to have legislation by the cotton growing States. I am of

970

JouRNAL OF THE SENATE,

the opinion that if Texas had stepped into line we would have gotten the legislation and averted the present crisis, but that is water over the dam.
The representative of Hon. M. A. Ferguson says that they are ready to line up with the other Southern States on a program that will protect our main and chief industry, and that is the growing of cotton. 'hat that program will be I have no idea. There may be other ideas advanced that are better than mine, but my idea, and the idea of South Carolina, Louisiana, Alabama, Oklahoma, and the idea of the representative of Texas, Mrs. King, not of the Governor of Texas, was a holiday for 1934 on cotton.
That is bitter medicine, but on unexplored fields that holiday plan could not be successful unless States representing three-fourths of the cotton growing States would pass it. Several States have tried legislation curtailing acreage. Every time the question of legislation has gone to the higher courts, it has been held unconstitutional. However, no legislation of a quarantine nature has been held unconstitutional.
I would like to see the State of Georgia lead out and pass a law prohibiting the planting of cotton for 1934, and making it effective when the other States, representing threefourths of the cotton acreage, pass similar legislation. I would like further to see the House and Senate in that bill, provide for a legislative committee composed of Senators and representatives, to go into the other States of the South and try to push this measure through.
Of course, it is a prediction, but I firmly believe that if we could get it passed, within two months after its passage, the price of cotton would go up ten cents per pound from where it is today. It is a surplus hanging over our heads like the sword of Damocles, that keeps people from buying cotton.
Now, in conclusion, we are here at the turning of the

TuESDAY, MARCH 7, 1933.

971

road. We are making history that our children will read about forty or fifty years, that in 1933 we took a definite stand against the big financiers, economists and wise people
who have put this country on the rocks. It must come back
by whom? Little people who have not much to lose in worldly things. That is how it must come back. It must come back by the courage and heroism of our people. Why, the man with millions is the biggest coward on earth. He cannot see anything except through his own glasses, and you know it.
The move that will bring us to the untried fields is the heroism of the men and women who are willing to get to work, and I am proud to say that in expressing that thought that I am not on an untried field myself, because I listened to our Democratic President express that same thought when he said that "the day of the money changers are over." We must run them out of the temple, and we must pass laws and put our boys and girls back on the old washedaway, fallen-down farms.
At the conclusion of the address the joint sessiOn was dissolved.
AFTERNOON SESSION
The Senate met at 2 :30 o'clock this afternoon and was called to order by the President.
The following bills of the Senate, favorably reported by committees, were read the second time:
By Senator Lewis of the 20th District-
Senate Bill No. 205. A bill to amend Section 1591 of the Civil Code of 1910, authorizing the trustees of the State Sanitarium to appoint a marshal, so as to provide for the appointment of marshals, and for other purposes.
By Senator Lewis of the 20th District-
Senate Bill No. 204. A bill to amend Section 976 of

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JouRNAL OF THE SENATE,

the Penal Code of 1910, relating to pleas of insanity in criminal cases and commitments of defendants in criminal cases found to be insane to the State Sanitarium, and for other purposes.
The following bills of the Senate were introduced, read the first time and referred to committees:

By Senator Hubbard of the 31st District-
Senate Bill No. 248. A bill to provide the disposition to be made by the County of Habersham of the certificates of indebtedness and funds accruing to said county under the provisions of an Act approved March 1, 1933, and for other purposes.
Referred to Committee on Counties and County Matters.

By Senator Turner of the 7th District-
Senate Bill No. 250. A bill to amend Section 695 of the Political Code of Georgia, 1910, enumerating who is subject to road duty or commutation tax in lieu thereof, as amended by the Act approved August 15, 1922, and for other purposes.
Referred to Committee on Counties and County l\1atters.

By Senator Turner of the 7th District-
Senate Bill No. 249. A bill to amend an Act establishing the City Court of Quitman, and for other purposes.
Referred to Committee on Special Judiciary.
The following privileged resolutions were read and adopted:

By Senator Morris of the 39th DistrictA resolution extending the privileges of the floor to Mrs.

TUESDAY, MARCH 7, 1933.

973

J. B. Roberts and Mrs. Harriett O'Neal, of Cherokee
County.

By Senator Dean of the 11th District-
A resolution extending the privileges of the floor to Dr. C. R. McKimmie, of Dawson.
Mr. Oliver of the 48th Di.strict, Chairman of the Committee on State Sanitarium, submitted the following report:

Mr. President:
Your Committee on State Sanitarium have had under consideration the following Senate bills and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 204.
Senate Bill No. 205.
OLIVER of the 48th District, Chairman.
SPARKS of the 9th District, Secretary.
The following bill of the Senate was read the third time and put upon its passage:

By Senator Sims of the 35th District and Pottle of the 1Oth District-
Senate Bill No. 92. A bill to regulate the use of highways by motor vehicles.
The committee offered the following substitute:
CoMMITTEE SuBSTITUTE FOR SENATE BILL No. 92.

974

JoURNAL OF THE SENATE,

A BILL

To be entitled an Act governing and regulating the use of the public roads and public highways of this State, under the police power of this State, in the interest of public safety and the protection and preservation of the public roads and public highways of this State, by vehicles and parts of vehicles; to provide for the enforcement of this Act; to grant temporary permits under certain conditions and limitations; to provide for dimensions and weights; to provide penalties for the violation of the provisions of this Act, and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same:
Section 1. It is deemed that the provisions of this Act, in regulating the use of the public roads and public highways of this State, are in the interest of public safety and the protection and preservation of the public roads and the public highways of this State and are a needed regulation for the protection of life and property.
Sec. 2. No person, firm, corporation, association, trustee, receiver, or other fiduciary, shall bring, have, propel or operate upon any public road or public highway of this State any vehicle where the combined weight of the vehicle and load exceeds 15,000 pounds, or where the total length of the same, including any load, part or attachment thereon, exceeds 35 feet, or where the total height of same, including any load, part or attachment thereon, exceeds 144.5 inches, or where the total width of same, including any load, part or attachment thereof, exceeds 96 inches.
Sec. 3. In case of emergency or a special instance, where the vehicle and/or load cannot reasonably be dismantled or separated, or where the enforcement of these provisions would work special hardship and/or great convenience can be subserved by a relaxation of them in the special case,

TUESDAY, MARCH 7, 1933.

975

application may be made to the Highway Department of this State for a special temporary permit to operate a vehicle and/or load on or over a public road or a public highway of this State in excess of the limits hereinbefore prescribed; and upon consideration of the same, the State Highway Board, or the Chairman thereof, under regulations promulgated by said Board, may grant a special temporary written permit authorizing the movement of said vehicle and/or load on or over said public road or public highway between such points and under such conditions, limitations and terms as shall be stated in the permit; provided no permit shall be granted for the operation of such vehicle for longer than one 'week. No person to whom such permit is granted shall operate a vehicle as to which the permit is granted otherwise than as therein stated, or in excess of the limits of distance, time, weight, length, height and width, or speed, or other limit specified therein.
Sec. 4. It shall be unlawful for any person, firm, corporation, association, trustee, receiver, or other fiduciary, to operate or cause to be operated, or permit the operation by the owner, lessee, or employee, or any other person, corporation or association, of any vehicle loaded beyond its manufacturer's rated capacity, unless it shall have been registered as provided by law, and a license tag issued therefor at a higher capacity, in which event it shall not be loaded beyond the capacity stated in the application for registration; but in no event beyond one hundred and fifty per cent of the manufacturer's rated capacity, which shall not exceed the maximum gross load hereinbefore prescribed.
Sec. 5. The Highway Department of this State, or the officers thereof, under regulations of said Highway Board, upon finding that any public highway or part of a public highway is incapable of safe use by vehicles of the weight, length, height, or kind stated in this Act, may, by causing a notice to be posted on or adjacent to such public highway involved, declare limitations of weight, length,

976

}OURNAL OF THE SENATE,

height, width or kind of vehicles that shall be permitted to operate over such public highway, or a part thereof, less than those stated in this Act; and no vehicle shall be operated upon said designated highway or part thereof in violation of the limits prescribed in such posted notice.
Sec. 6. The word "vehicle" as herein used shall, in addition to its normal meaning, include the propelling vehicle, a tractor, truck, or other device for the communication of power for the propulsion of vehicles, but shall not include a vehicle operated on permanent rail tracks. The word "vehicle" shall include any combination of vehicles. A semi-trailer, consisting of the propelling vehicle, or other device intended for the supplying of power, and not for the carriage of persons or property, and of a single twowheel vehicular unit not propelled by its own power attached thereto, shall be deemed a single vehicle for the purposes of this Act.
Sec. 7. No vehicle carrying goods or freight shall be operated on any highway with any trailer attached thereto (except as to the single trailer constituting a part of a semitrailer, as defined above) nor shall any other vehicle be operated on any highway with any trailer attached thereto, where the combined weight of the trailer and load thereon exceeds 1,200 pounds.
Sec. 8. The provisions of this Act respecting length of vehicle shall not apply to vehicles engaged in the hauling of logs, lumber, poles, timber, or to a vehicle towing another vehicle which, by accident or other emergency, has become incapable of propulsion under its own power and is being brought to a place of repair; provided that such vehicle so operating under these exceptions shall be at a speed not to exceed twenty miles per hour on a straight road and at a speed not in excees of ten miles per hour when rounding curves or crossings and/or turning into intersecting roads or streets.

TUESDAY, MARCH 7, 1933.

977

Sec. 9. The provisions of this Act shall not apply to the streets of incorporated towns, municipalities and cities of this State; that said incorporated towns, municipalities and cities shall have and they are given authority to pass and enforce ordinances regulating the use of their streets; and it is further provided that motor passenger busses may operate over the streets of cities in this State having a population of sixteen thousand ( 16,000) or more inhabitants, according to the last preceding census of the United States, and having a fixed route and schedule within and beyond the chartered incorporated limits of those cities having the aforesaid population, and may operate said passenger busses for the convenience of the citizens adjacent to said city limits, for a distance of seven miles, measured from the chartered incorporated boundary limits of said cities where said limits cross said route or routes and/or street or streets, without having to comply with the provisions of this Act; and, it is deemed that this classification is a needed public convenience and necessity for those residing within said seven-mile limitation just outside of and adjacent to the chartered incorporated boundary limits of those cities .having the aforesaid population.
Sec. 10. No certificate or permit shall be granted by the Public Service Commission of the State for the operation of any vehicle, the operation of which would be a violation of this Act; nor in any action to enforce this Act or in any prosecution under it shall any certificate or permit of said Commission or any member or officer thereof be any defense.
Sec. 11. The duty of enforcing this Act is hereby placed upon the State Highway Department and all law-enforcement officers of this State.
Sec. 12. Any person, firm, corporation, association, trustee, receiver, or other fiduciary, or owner, employee or other agent, who by himself, itself or themselves, or through or in connection with another, violates or participates in

978

JouRNAL OF THE SENATE,

violating any of the provisions of this Act, shall be guilty of a misdemeanor and punished as such.
Sec.13. Anyvehicle which on January 1, 1933,was being lawfully operated by the owner thereof on the highway of this State with respect of limitations of height, width, weight or length, but which would be rendered unlawful of operation by reason of the limitations of height, width, weight or length herein prescribed, may be operated .without incurring the penalties of this Act, so far as relates to height, width, weight or length, for one year from the enactment of this Act, except over highways or parts thereof as to which the State Highway Department shall have set, under the provisions of this Act and existing laws, lesser limits. But the provisions of this section shall not apply to combinations of vehicles, except to semi-trailers carrying a single vehicular unit (hereinbefore defined), nor as permitting the use of trailers otherwise than as hereinbefore permitted.
Sec. 14. Each section of this Act, and each part thereof, is hereby declared to be an independent section and part of a section, and the holding of any section or part of a section to be void or ineffective for any cause shall not affect any other section or part of a section of this Act.
Sec. 15. The provisions of this Act, not in conflict with existing laws, is declared to be cumulative to the laws of this State regulating the use of the highways and public roads of this State.
(a) All laws or parts of laws of this State which are inconsistent and/or in conflict with the provisions of this Act are hereby repealed.
Other substitutes and amendments were read when a motion to adjourn prevailed, and the bill went over as unfinished business to the following session tomorrow.
The President announced that under a motion earlier in the session the Senate stood adjourned until nine o'clock tomorrow morning.

'VEDNESDAY, MARCH 8, 1933.

979

SENATE CHAMBER, ATLANTA, GA. WEDNESDAY, MARCH 8, 1933.
The Senate met, pursuant to adjournment and was called to order at 9 o'clock A. M., by the President.
Prayer was offered by the Chaplain.
By unanimous consent the roll call was dispensed with.
Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills of the Senate were introduced, read the first time, and referred to committees:
By Senator Culpepper of the 36th District-
Senate Bill No. 252. A bill to prohibit the growing of cotton during the year of 1934.
Referred to Committee on Agriculture.
By Senators Tuten of the 46th District, Hogg of the 13th District, Lewis of the 20th District, Conner of the 14th District, Hutcheson of the 44th District, Lovett of the 16th District, and Haralson of the 40th District-
Senate Bill No. 253. A bill to prohibit the growing of cotton during the year 1934.
Referred to Committee on General Judiciary No. 1.

980

JOURNAL OF THE SENATE,

By Senator Howard of the 2nd District-
Senate Bill No. 254. A bill to authorize the payment of pensions to Confederate Soldiers and their Widows.
Referred to Committee on Pensions.
The following resolution of the Senate was read and referred to the Committee on Finance:
Senate Resolution No. 98. A resolution that $2,070 of taxes collected on cigars and cigarettes be applied to the payment of pension checks caught in insolvent banks.

Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills: Nos. 229, 232, 235, 236, 234, 194, and report the same back as being ready for transmission to the House.
Respectfully submitted,
w. F. ANDREWS,
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. Franklin of Lowndes-
House Bill No. 271. A bill to authorize municipalities of this State to contribute to a common fund to be used to employ attorneys and/or rate experts to represent such municipalities at rate hearings before the Georgia Public Service Commission, and for other purposes.

'VEDNESDAY, MARCH 8, 1933.

981

By Mr. Rogers of Wayne-
House Bill No. 312. A bill to amend an Act of the General Assembly fixing the manner of payment of the salary of the Solicitor-General of the Brunswick Judicial Circuit, and for other purposes.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 423. A bill to provide for the nomination and election of members of the General Assembly in all Counties having more than one representative and a population of not less than 30,620 and not more than 30,624 according to the Federal Census of 1930, and for other purposes.

By Mr. Mundy of Polk-
House Bill No. 4 57. A bill to fix the fiscal year period in this State for financial recording, budgeting, reporting and appropriating; to fix the date after the close of the fiscal year when reports required by law shall be issued, and to repeal conflicting laws, and for other purposes.

By Messrs. Eckford and Hartsfield of Fulton-
House Bill No. 740. A bill to authorize the Mayor and Council of the City of Fairburn to close Smith Street, in said City of Fairburn, between East Broad Street and Bay Street and to authorize the use of said street for public school purposes, and for other purposes.

By Messrs. Eckford and Hartsfield of Fulton-
House Bill No. 742. A bill to amend an Act approved August 3, 1925, incorporating the City of Fairburn, by adding at the end of Section 45 of said Act a new paragraph.

982

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 requisite Constitutional majority the following bill of the House, to-wit:

By Messrs. Hill and Peters of Meriwether-
Hause Bill No. 754. A bill to amend an Act approved February 17, 1877, entitled "An Act to amend an Act to constitute a Board of Commissioners for the County of Meriwether," 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 requlSlte Constitutional majority the following resolutions of the House, to-wit:
By Mr. Mundy of Polk-
House Resolution No. 93-447a. A resolution to provide for the funding of ninety-one thousand dollars of the debt of the State to the Land Scrip Fund of the University of Georgia.

By Messrs. Park and DeFore of Bibb, Bennett of Dougherty-
House Resolution No. 120-5 71 a. A resolution proposing an amendment to the Constitution, Paragraph 2, Section 2 of Article 6, by adding at the end of said section a provision of the designation of a Judge of the Court of Appeals to preside in the Supreme Court when the Justices of the Supreme Court are equally divided.

WEDNESDAY, MARCH 8, 1933.

983

Mr. J. C. Lewis of the 20th District, Chairman of the Committee on General Judiciary No. 1, submitted the following report :

Mr. President:
Your committee have had under consideration the following and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 243.
Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following bills and resolution and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 706. Do pass.
House Bill No. 648. Do pass.
House Resolution No. 15 8-700a. Do pass.
Senate Bill No. 233. Do pass.
Senate Bill No. 246. Do pass.
Senate Bill No. 195. Do pass.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report :

Mr. President: Your Committee on Counties and County Matters have

984

JoURNAL OF THE SENATE,

had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 212. By Mr. Rivers of the 15th, do pass.
Senate Bill No. 237. By Mr. Robertson of the 32nd, do pass.
Senate Bill No. 238. By Mr. Robertson of the 32nd, do pass.
Senate Bill No. 245. By Mr. Rivers of the 15th, do pass.
House Bill No. 694. By Messrs. Sims and Tillman of Brooks, do pass.
House Bill No. 699. By Mr. Edwards of Stephens, do pass.
House Bill No. 704. By Mr. Melton of Early, do pass.
House Bill No. 716. By Mr. vVilliams of Mcintosh, do pass.
House Bill No. 743. By Mr. Melton of Early, do pass.
House Bill No. 580. By Messrs. Parrymore of Bleckley and Lee of Pulaski, do pass as amended.
Senate Bill No. 248. By Mr. Hubbard of the 31st, do pass.
Mr. Howard of the 2nd District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on 1.\Iunicipal Government have had under consideration the following bills of the Senate and

WEDNESDAY, MARCH 8, 1933.

985

House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 239. By Colson of the 4th, do pass.
Senate Bill No. 241. By Colson of the 4th, do pass.
Senate Bill No. 244. By Colson of the 4th, do pass.
House Bill No. 693. By Dorsett and Bean of Carroll, do pass.
House Bill No. 710. By Teasley of Cherokee, do pass.
House Bill No. 707. By Melton of Early, do pass.
House Bill No. 672. By Arnall and Dyer of Coweta, do pass.
House Bill No. 752. By Mitchell of Taliaferro, do pass.
House Bill No. 741. By Davis of Troup, do pass. House Bill No. 719. By Comas of Appling, do pass. House Bill No. 750. By Bennett and Westbrook of Dougherty, do pass.
House Bill No. 685. By Davis, Lanham and Crawford of Floyd, do pass.
House Bill No. 691. By Bean and Dorsett of Carroll, do pass.
House Bill Nos. 559 and 549. By Hartsfield of Fulton, do pass.
House Bill No. 664. By Fulton Delegation, do pass. House Bill No. 663. By Eckford and Hartsfield of Fulton, do pass.

Mr. Campbell of the 34th District, Chairman of the

986

JoURNAL OF THE SENATE,

Committee on Motor Vehicles, submitted the following report:

Mr. President:
Your Committee on Motor Vehicles have had under consideration the following bill and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do not pass:
House Bill No. 97.
R. W. CAMPBELL of 34th.

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

By Mr. Hartsfield of Fulton-
House Bill No. 549. A bill to amend an Act creating a new Charter for the City of East Point, and for other purposes.

By Mr. Hartsfield of Fulton-
House Bill No. 559. A bill to amend an Act establish-
ing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.

By Messrs. Parrymore of Bleckley, and Lee of Pulaski-
House Bill No. 580. A bill to abolish the fee system now existing in Oconee Circuit, and for other purposes.

By Mr. Jordan of Schley-
House Bill No. 648. A bill to amend Code Section 4906 of 1910, to provide for the amount of bond for the Sheriff of Schley County, Georgia, and for other purposes.

WEDNESDAY, MARCH 8, 1933.

987

By Messrs. Still, Eckford and Hartsfield of Fulton-
House Bill No. 664. A bill to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
By Messrs. Eckford and Hartsfield of Fulton-
House Bill No. 663. A bill to amend an Act establishing a new Charter for the City of Atlanta, and for other purposes.

By Messrs. Arnall and Dyer of Coweta-
House Bill No. 672. A bill to amend the Charter of the City of Newnan so as to authorize the City of Newnan to insure the lives of its employees, and for other purposes.

By Messrs. Davis, Lanham and Crawford of Floyd-
House Bill No. 68 5. A bill to amend an Act to create a new Charter and municipal government for the City of Rome; to define the rights and powers of the municipality, and for other purposes.

By Messrs. Bean and Dorsett of Carroll-
I
House Bill No. 691. A bill to repeal Section 1 of an amended Act to the City Charter of Carrollton, and for other purposes.

By Messrs. Dorsett and Bean of Carroll -
House Bill No. 693. A bill to amend an Act establishing a Charter for the City of Carrollton, Georgia, approved September 9, 18 91, and all Acts amendatory thereto, and for other purposes.

By Messrs. Simms and Tillman of BrooksHouse Bill No. 694. A bill to authorize counties having

988

}OURNAL OF THE SENATE,

a certain population to extend and employ the funds paid to it under the Motor Fuel Tax Act for the purpose of paying interest on and providing a sinking fund to retire bonds issued by such county for funds to build State aid roads, and for other purposes.

By Mr. Edwards of Stephens-
House Bill No. 699. A bill to amend an Act providing for County Commissioners for Roads and Revenues for the County of Stephens, so as to provide for the election of the Commissioners by the qualified voters of said county; to fix the term of office of same, and for other purposes.
By Mr. Melton of Early-
House Bill No. 704. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues for the County of Early, and to define the duties of same, the amendments thereto, and for other purposes.

By Mr. Melton of Early-
House Bill No. 706. A bill to amend an Act reducing the official bond of the Sheriff of Early County, and for other purposes.

By Mr. Melton of Early-
House Bill No. 707. A bill to amend an Act to create and incorporate the City of Blakely, and for other purposes.
By Mr. Teasley of Cherokee-
House Bill No. 710. A bill to amend an Act reincorporating the Town of Canton, approved July 26, 1922, and for other purposes.

By Mr. Williams of McintoshHouse Bill No. 716. A bill to amend an Act to consol-

WEDNESDAY, MARCH 8, 1933.

989

idate the office of Tax Receiver and Tax Collector in Mcintosh County, and for other purposes.

By Mr. Comas of Appling-
House Bill No. 719. A bill to amend an Act approved August 21, 1911, entitled an Act to create a new Charter for the City of Baxley, and for other purposes.

By Mr. Davis of Troup-
House Bill No. 741. A bill to amend the Charter of the City of Hogansville, approved August 6, 1924, and for other purposes.

By Mr. Melton of Early-
House Bill No. 743. A bill to abolish the office of County Treasurer of Early County; to create a County Depository in and for Early County, and for other purposes.

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 750. A bill to amend an Act creating and establishing a new Charter for the City of Albany, Georgia, and for other purposes.

By Mr. Mitchell of Taliaferro-

Hause Bill No. 752. A bill to provide for the election

of a Marshal and Nightwatchman for the City of Craw-

fordville, and for other purposes.



The following resolution of the house, favorably reported by the Committee, was read the second time:

By Mr. Jones of LumpkinHouse Resolution No. 158-700A. A resolution to re-

990

JOURNAL OF THE SENATE,

lieve N. A. Garner and D. M. Jordon as sureties on bond of Jess Kimbraugh, and for other purposes.
The following bills of the Senate, favorably reported by the committees, were read the second time:
By Senator J. G. Dean of the 11th District-
Senate Bill No. 195. A bill to establish a Delinquent Tax Commissioner; to define its duties, and for other purposes.

By Senator Rivers of the 15th District-
Senate Bill No. 212. A bill to reduce the bond of the Sheriff of Wheeler County, Georgia, from the amount of $10,000 to $5,000, and for other purposes.

By Senator Cail of the 17th District, and Senator Boykin of the 29th District-
Senate Bill No. 233. A bill to provide for certain requirements and restrictions of political parties for conducting the holding of State-wide elections, and to provide for the posting of notices to the voters and citizens of the State and to provide punishment for the violation thereof of the provisions thereof, and for other purposes.

By Senator Robertson of the 32nd District-
Senate Bill No. 237. A bill to create a Board of County Commissioners of Roads and Revenues for the County of White; to provide for the elections and creation of said board, and for other purposes.

By Senator Robertson of the 32nd District-
Senate Bill No. 238. A bill to create a Board of Commissioners of Roads and Revenues of White County, to prescribe their duties, and for other purposes.

WEDNESDAY, MARCH 8, 1933.

991

By Senator Colson of the 4th District-
Senate Bill No. 239. A bill to amend the Charter of the City of Brunswick, and for other purposes.

By Senator Colson of the 4th District-
Senate Bill No. 241. A bill to amend the Charter of the City of Brunswick, and for other purposes.

By Senator Fetzer of the 1st District-
Senate Bill No. 243. A bill to amend an Act to create and organize Commissioners of Chatham County, who shall be ex-officio Judges, and for other purposes.

By Senator Colson of the 4th District-
Senate Bill No. 244. A bill to amend the Charter of the City of Brunswick, and for other purposes.

By Senator Rivers of the 15th District-
Senate Bill No. 245. A bill to reduce the bond of the Sheriff of Montgomery County, Georgia, from the amount of $10,000 to $5,000, and for other purposes.

By Senator Cail of the 17th District-
Senate Bill No. 246. A bill to amend an Act to establish the City Court of Sylvania, in and for the County of Screven, approved December 15, 1902, and for other purposes.

By Senator Hubbard of the 31st District-
Senate Bill No. 248. A bill to provide the disposition to be made by the County of Habersham of the certificates of indebtedness and funds accruing to said county under the provisions of an Act approved March 1, 1933, and for other purposes.

992

jOURNAL OF THE SENATE,

The following bills of the Senate were read the third time and put upon their passage:
By Senator Lester of the 18th District-
Senate Bill No. 229. A bill to amend the Charter of the City of Augusta, providing that the City Attorney shall be ex-officio Attorney for the Department of Health of Richmond County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Hutcheson of the 44th District-
Senate Bill No. 232. A bill to abolish the offices of Tax Receiver and Tax Collector of Walker 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Dorminy of the 45th District-
Senate Bill No. 234. A bill to amend the Act chartering the City of Fitzgerald.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite Constitutional majority, was passed.

'VEDNESDAY, MARCH 8, 1933.

993

By Senator Hutcheson of the 44th District-
Senate Bill No. 236. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for Walker County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Hutcheson of the 44th District-
Senate Bill No. 235. A bill to create a Commissioner of Roads and Revenues for Walker County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The followingbills of the house were read the third time and put upon their passage:

By Mr. Claxton of Johnson-
House Bill No. 662. A bill to amend the Charter of the City of 'Vrightsville.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite Constitutional majority, was passed.

994

JouRNAL OF THE SENATE,

By Mr. Dickey of Gordon-
House Bill No. 649. A bill to amend an Act to create 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.
On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Dickey of Gordon-
House Bill No. 650. A bill to amend an Act to abolish the office of Tax Receiver and Tax Collector of Gordon County.
The report of the committee, which was favorable to the passage of the blll, was agreed to.
On the passage of the bill the ayes were 33, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Martin and Allen of Jackson-
House Bill No. 67 6. A bill to amend an Act to abolish the office of County Treasurer 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 38, 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 :

'VEDNESDAY, MARCH 8, 1933.

995

By Mr. Robertson of Thomas-
House Bill No. 290. A bill to amend the Act for the protection of birds, fish, game and fur-bearing animals.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Cartledge, Lanier and Harris of RichmondHouse Bill No. 363. A bill to permit payment of school
taxes before due 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Townsend of Dade-
House Bill No. 55 6. A bill to amend the Charter of
the town of Trenton.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 45, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Sammon of Gwinnett-
House Bill No. 572. A bill to amend the Charter of the town of Lawrenceville.

996

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 46, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Eckford, Still and Hartsfield of Fulton-
House Bill No. 584. A bill to authorize Boards of Education in counties of more than 200,000 population to borrow money to operate schools.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 44, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 604. A bill to abolish Justice Courts of the City of Augusta; to create a Municipal 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 41, nays 0. The bill having received the requisite Constitutional majority, was passed.

By Messrs. Robertson and Scott of Thomas-
House Bill No. 660. A bill to amend the Acts providing for a Board of Commissioners of Roads and Revenues of Thomas County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WED~ESDAY, MARCH 8, 1933.

997

On the passage of the bill the ayes were 40, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Stokes of Twiggs-
House Bill No. 734. A bill to provide the time for holding primary elections for county officers in Twiggs County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Burson of Barrow-
House Bill No. 321. A bill to abolish the office of County Treasurer of Barrow County, and for other purposes.
Senator Carithers of the 27th District offered the following amendment: "Amend House Bill No. 321 by inserting in the blank space provided therefor in line eight ( 8) of Section five ( 5) of said bill the figures '120.00.' "
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, nays 0.
The bill as amended having received the requisite Constitutional majority, was passed.
The following bills of the house were read the third time and put upon their passage:

998

JOURNAL OF THE SENATE,

By Messrs. Martin and Allen of Jackson-
House Bill No. 678. A bill to amend the Act creating a Board of Commissioners of Roads and Revenue for 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 40, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Messrs. Davis and Hand of Mitchell-
House Bill No. 687. A bill to amend the Act to abolish the offices of Tax Receiver and Tax Collector of Mitchell 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 36, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Mr. Harden of Turner-
House Bill No. 721. A bill to amend the Act to create the offices of Tax Recei~er and Tax Collector of Turner 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 44, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Mr. Holland of Chattooga-
House Bill No. 524. A bill to abolish the Board of

WEDNESDAY, MARCH 8, 1933.

999

Commissioners of Roads and Revenues of Chattooga County.
The committee offered the following substitute:

A BILL
To be entitled an Act to abolish the Board of Commissioners of Roads and Revenue of Chattooga County, Georgia, to create a new Board of Commissioners of Roads and Revenue of said county, to provide for the qualification and election of the members of said Board, to define their powers and duties, to prohibit nepotism and the trading by said members of said Board between themselves and those related to them, to provide penalties for a violation of said law, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the present Board of Commissioners of Roads and Revenue of Chattooga County, Georgia, be and the same is hereby abolished and the office of the present members of said Board is hereby declared to be vacated.
Sec. 2. Be it further enacted by the authority aforesaid, That Chattooga County shall be and the same is divided into five Road Districts composed of the following portions of said county, to-wit:
Road District Number One, which shall comprise the territory embraced within the present Summerville Militia District, the same being the 925th District, G. M., Chattooga County, Georgia.
Road District Number Two, which shall comprise the territory embraced within the present Trion Militia District, the same being the 870th District, G. M., Chattooga County, Georgia.
Road District Number Three, which shall comprise the

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JoURNAL OF THE SENATE,

territory embraced within the present Teloga, Alpine and Dirt-Seller Militia Districts, the same being the 927th, 968th and 1216th Districts, G. M., Chattooga County, Georgia, respectively.
Road District Number Four, which shall comprise the territory embraced within the present Lyerly, Seminole and Coldwater Militia Districts, the same being 1484th, 961 st and 1083rd Districts, G. M., Chattooga County, Georgia, respectively.
Road District Number Five, which shall comprise the territory embraced within the present Dirttown, Subligna and Haywood Militia Districts, the same being the 940th, 962nd and 1382nd Districts, G. M., Chattooga County, Georgia, respectively.
Sec. 3. Be it further enacted by the authority aforesaid, That the Board of Commissioners of Roads and Revenue of said Chattooga County shall hereafter be composed of five members, one to be selected from each of said Road Districts, and in all elections hereafter held to elect the members of said Board, the person offering for election shall declare which Road District he seeks to represent, of which Road District he shall be a resident, and the person in each Road District receiving the highest number of votes in that District shall be declared to be elected. The voters of each Road District shall vote only for the election of the Commissioner offering for election from such Road Districts and shall not be permitted or allowed to vote for any candidate for the office of County Commissioner of Roads and Revenue offt;ring for election from any other Road District of said county.
Sec. 4. Be it further enacted by the authority aforesaid, That whenever a vacancy or vacancies occur in said Board the same shall be filled at a special election to .be held in that District or those Districts in which the vacancy and/or vacancies occur at a special election to be called by the Or-

WEDNESDAY, MARCH 8, 1933.

1001

dinary within thirty days from the date that such vacancy and/or vacancies may occur, the said person or persons so elected to fill said vacancy or vacancies to serve only for the remainder of the term and/or terms to which such person and/or persons was elected; and a vacancy shall be deemed and held to exist upon the removal of any of the persons holding office from the District in which he is elected to represent, or his failure to qualify.
Sec. 5. Be it further enacted by the authority aforesaid, That at the general election held in the year 1934, and
every four years thereafter there shall be elected five members to succeed the present members of said Board, or their successors in office, one Commissioner to be elected for each of such Road Districts, and no person shall be eligible to election except he be a resident of the Road District to be represented by him, and they shall be elected only by the votes cast in the respective Road Districts which they seek to represent, each District to vote only upon the Commissioner representing said District, and the candidate who receives the highest number of votes in said District shall be declared elected to be a member of the Board of Commissioners of Roads and Revenue of said county, for a term of four years following the first day of January, 1935.
Sec. 6. Be it further enacted by the authority aforesaid, That no person who is related by blood or marriage with, in the fourth degree to any member of the Board of Commissioners of Roads and Revenue of said county, or to the County Warden, or Warden of the chaingang, or to the Clerk of the Board of Commissioners of Roads and Rev- enue of said county, shall be eligible to employment by said County of Chattooga in any position, or to do or perform any service or labor for said county, or as chaingang guard; that no person so employed shall be entitled to receive any pay or compensation therefor, and any person ineligible under this Act who is now in the service or employment of

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JouRNAL OF THE SENATE,

the county at the time of the passage of this Act shall be ineligible to continue in such service or employment.
Sec. 7. Be it further enacted by the authority aforesaid, That no member of the Board of Commissioners of Roads and Revenueof said county shall employ or vote to employ or pay any such ineligible person. No County Warden or vVarden of the chaingang, or Clerk of the Board shall employ, or authorize the employment of any such ineligible person, or continue or authorize the continuance of any such ineligible person in any employment; provided, however, that any relative of any of the above named officials shall be entitled to work out his road tax.

Sec. 8. Be it further enacted by the authority aforesaid, That no member of the Board of Commissioners of Roads and Revenue and no County Warden or Warden of the chaingang or Clerk of the Board shall buy or sell to the said Chattooga County anything whatsoever, either directly or indirectly and no corporation, firm or partnership in which such officials, or any of them, are financially interested or by whom they are employed, shall buy from or sell to said county any property of any kind or character.

Sec. 9. Be it further enacted by the authority aforesaid, That it shall be unlawful for the said Board of County Commissioners of Roads and Revenue, or any member thereof or the County Warden, or the Warden of the chaingang or the Clerk of the Board to buy from or sell to any person or persons related by blood or marriage, within the fourth degree according to canon law to any person employed by the said Chattooga County in any capacity whatever, either directly or indirectly, or from any firm, corporation or partnership in which such person may be an official or employed by or financially interested in and it shall be likewise unlawful for any such person or persons who are related by blood or marriage to buy from or sell to Chattooga County anything whatsoever or for any cor-

WEDNESDAY, MARCH 8, 1933.

1003

poration, firm or partnership in which said person or persons may be officials or by whom the said person or persons may be employed to buy or sell anything whatever to said Chattooga County.
Sec. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of the said Board of Commissioners of Roads and Revenue of Chattooga County, Georgia, to provide that all purchases over twenty dollars shall be made upon a strictly competitive basis and to this end it shall be the duty of the said Board and the Clerk thereof to prepare quarterly an estimate of the county's needs and requirements covering the next quarter and have published in the newspaper in said county in which the Sheriff's advertisements are published, for which the legal rates of advertising shall be paid; the aforesaid estimate of said requirements shall be divided into commodity divisions, and inviting bids thereon, which said advertisement shall state the date and place of the opening of said bids and the letting of said contracts, and it is further provided that all of said bids shall be received under seal and that all bids received under seal shall not be opened until the specified time and place, and it is further provided that at said time and place said bids so received shall be opened and the contract for said supplies shall be let to the lowest bidder and said supplies purchased from said lowest bidder.
Sec. 11. Be it further enacted by the authority aforesaid, That it shall be the duty of said Board of Commissioners of Roads and Revenue for Chattooga County, Georgia, to provide that all purchases by said county shall be checked by an employee of said county who shall make oath, in writing, to the receipt of all goods by said county before the same shall be paid for, and said report and oath of said person shall be filed with the Clerk of said Board and filed as a permanent record by said Board.
Sec. 12. Be it further enacted by the authority aforesaid, That any member of the Board of Commissioners of Roads

1004

JouRNAL OF THE SE:~ATE,

and Revenue of said county, or the County 'Varden or Warden of the chaingang or Clerk of the Board who shall knowingly violate any of the provisions of this Act shall be guilty of a disdemeanor, and upon conviction thereof shall be punished as prescribed by Section 1065 of the Criminal Code, and shall be removed from office as hereinafter provided.-Upon the petition of any citizen of said county to the Judge of the Superior Court of said county to declare the office of any member of the Board of Commissioners of Roads and Revenue of said county, the County 'Varden or County Clerk who shall have been guilty of a violation of any of the provisions of this Act vacant and to remove from office any member of the Board of Commissioners of Roads and Revenue, the County Warden or Clerk of the Board, the said Judge shall grant a rule nisi which shall be served upon said person sought to be removed, and upon proof being before the Judge of said Superior Court that said Act has been violated by such person, it shall be the duty of the Judge of said Superior Court of said county to declare said office so held by said person so violating the terms of this Act to be vacant, and thereafter the same shall be vacant and it shall be the duty of the Board of Commissioners of Roads and Revenue of said county to immediately elect a successor to such person so removed, and such person shall be ineligible for a period of four years thereafter from being elected a member of the Board of Commissioners of Roads and Revenue of said county.
Sec. 13. Be it further enacted by the authority aforesaid, That this Act shall take effect immediately after its passage and approval by the Governor, with this exception: That the present members of the Board of County Commis-
sioners shall serve until January 1, 193 5, and that their
successors in office shall be elected at the general election in 1934, as is provided in the terms of this Act.
Sec. 14. Be it further enacted by the authority aforesaid,

WEDNESDAY, MARCH 8, 1933.

1005

That except as otherwise provided in this Act the powers and duties of the Board of Commissioners of Roads and Revenue of Chattooga County, Georgia, shall be the same as those now given by any special Act of the Legislature and all general laws of the State of Georgia to said Board of Commissioners of Roads and Revenue of Chattooga County, Georgia.
Sec. 15. Be it further enacted by the authority aforesaid, That all laws and F>arts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.
The report of the committee which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill by substitute, the ayes were 42, nays 0.
The bill by substitute having received the requisite Constitutional majority, was passed.

Mr. Holland of Chattooga-
House Bill No. 330. A bill to abolish the office of County Treasurer of Chattooga County, and for other purposes.
The committee offered the following substitute:

A BILL

To be entitled an Act to abolish the office of County Treasurer of Chattooga County, Georgia, to provide the manner of handling the funds of said county, with whom the funds of said county shall be deposited and the disbursement of said funds, 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,

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JoURNAL OF THE SENATE,

that from and after January 1, 1935, the office of County Treasurer of Chattooga County, Georgia, be and the same is hereby abolished.

Sec. 2. Be it further enacted by the authority aforesaid, That the Board of Commissioners of said county shall, as soon as this Act takes effect and annually thereafter, designate some solvent chartered bank in said county as a depository of all county funds of said county, which are now required to be paid over to the County Treasurer, and such depository shall be selected under such rules and regulations as may be prescribed by said County Commissioners, not inconsistent with the terms of this Act or existing general laws. Such depository shall be required by said Commissioners to make and file with the Ordinary of said county good and solvent bond in the amount of $10,000.00, to be approved by the Ordinary, the conditions of said bond to be the same as those required by law to be given by a County Treasurer, the cost of making said bond to be paid out of the funds of said county by the county authorities.
Sec. 3. Be it further enacted by the authority aforesaid, That immediately upon the taking effect of this Act, the County Treasurer shall pay over to said depository all funds in his hands belonging to said county and shall deliver to said depository all books, records and documents pertaining to his office.
Sec. 4. Be it further enacted by the authority aforesaid, That all orders or warrants for payment of county funds heretofore addressed to or drawn on the County Treasurer shall be paid by said County Depository, and after this Act goes into effect all such orders or warrants shall be drawn on said County Depository. All laws applicable to County Treasurer shall become applicable to said County Depository, and all the duties of the County Treasurer shall be performed by said County Depository. The books and accounts of said County Depository covering

\VEDNESDAY, MARCH 8, 1933.

1007

funds shall be subject to inspection at all times by the County Commissioners, and the grand jury of said county or anyone acting under their direction.
Sec. 5. Be it further enacted by the authority afore-
said, That said depository shall receive no compensation for its services in acting as such depository.
Sec. 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
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, nays 0.
The bill by substitute having received the requisite Constitutional majority, was passed.

The following privileged resolutions were read and adopted:

By Senator Hubbard of the 31st District-
A resolution extending the privileges of the floor to the Honorable B. H. Graves of Clarkesville.

By Senator Howard of the 24th District-
A resolution extending the privileges of the floor to Dr. Kitchens of \Varm Springs.

By Senator Hubbard of the 31st District-
A resolution extending the privileges of the floor to Honorable George Goode of Franklin County, a former member of the Senate.

1008

JouRNAL OF THE SENATE,

By Senator Lovett of the 16th District-
A resolution extending the privileges of the floor to Honorable Jim Peterson during his stay in the city.
The following privileged resolution was read and adopted by a rising and unanimous vote:

By Senators Dorminy of the 45th District, and McWhorter of the 50th District-
Whereas, the Senate of Georgia is honored by a visit from the First Lady of the State, Mrs. Talmadge, the wife of His Excellency, Governor Eugene Talmadge,
Therefore, be it resolved, that she be extended the privileges of the floor of this body during the remainder of this sessiOn.
The following bill of the Senate continued from yesterday's session was taken up for passage:

By Senators Sims of the 35th District, and Pottle of the 1Oth District-
Senate Bill No. 92. A bill to regulate the use of highways by motor vehicles.
Senator Lewis of the 20th District moved that the previous question on the bill and amendments and the substitutes and amendments be called at noon today, and the motion prevailed.
Senator Boykin of the 29th District moved that the Senate reconsider its action in moving the previous question, and the motion prevailed.
A communication on the subject of sewerage from the Georgia section of the American Society of Civil Engineers, was read and referred to the Committee on Drainage.
Senator Culpepper of the 36th District moved that the

\VEDNESDAY, MARCH 8, 1933.

1009

Senate adjourn, and the motion prevailed and Senate Bill No. 92, went over to the afternoon session.
The President announced that the Senate stood adjourned until two o'clock this afternoon.

AFTERNOON SESSION

The Senate met at two o'clock this afternoon and was called to order by the President.
Senate Bill No. 92, continued (rom the morning "session, was taken up for consideration.
Senators Colson of the 4th District and Fetzer of the 1st District offered the following amendment to the committee substitute:

A BILL

To be entitled an Act governing and regulating the use of the public roads and public highways of this State, under the police power of this State, in the interest of public safety and the protection and preservation of the public roads and public highways of this State, by vehicles and parts of vehicles; to provide for the enforcement of this Act; to grant temporary permits under certain conditions and limitations; to provide for dimensions and weights; to provide penalties for the violation of the provisions of this Act, and for other purposes.
Be it enacted by the General Assembly of Georgia, and it if. hereby enacted by authority of the same:
Section 1. It is deemed that the provisions of this Act, in regulating the use of the public roads and public highways of this State, are in the interest of public safety and the protection and preservation of the public roads and the public highways of this State and are a needed regulation for the protection of life and property.

1010

JoURNAL OF THE SENATE,

Sec. 2. No person, firm, corporation, assoctatwn, trustee, receiver, or other fiduciary, shall bring, have, propel or operate upon any public road or public highway of this State any vehicles where the combined weight of the vehicles and load exceeds Eighteen Thousand ( 18,000) pounds; or where the total length of the same, including any load, part or attachment thereon, exceeds thirty-five ( 3 5') feet; or where the total height of same including any load, part or attachment thereon, exceeds twelve ( 12') feet; or where the total width of same, including any load, part or attachment thereon exceeds ninety-six (96") inches.
Sec. 3. In case of emergency or a special instance, where the vehicle and/or load cannot reasonably be dismantled or separated, or where the enforcement of these provisions would work special hardship and/or great convenience can be subserved by a relaxation of them in the special case, application may be made to the Highway Department of this State for a special temporary permit to operate a vehicle and/or load on or over a public road or a public highway of this State in excess of the limits hereinbefore prescribed; and upon consideration of the same. the State Highway Board, or the Chairman thereof, under regulation promulgated by said Board, may grant a special temporary written permit authorizing the movement of said vehicle and/or load on or over said public road or public highway between such points and under such conditions, limitations and terms as shall be stated in the permit; provided no permit shall be granted for the operation of such vehicle for longer than one week. No person to whom such permit is granted shall operate a vehicle as to which a permit is granted otherwise than as stated in the permit, or in excess of the limits of distance, time, weight, length, height and width, or speed, or other limit specified therein.
The State Highway Board or the Chairman thereof shall, upon application therefor aid without cost to the applicant,

WEDNESDAY, MARCH 8, 1933.

1011

grant and renew permits for a greater weight or length than specified in this Act for the operation of vehicles and two-wheeled trailers used exclusively for transporting equipment and materials and/or poles or spools carrying wires or cables, for the purpose of constructing, maintaining and repairing telephone, telegraph and power lines, provided such vehicles shall not be operated at a speed greater than twenty-five ( 25) miles per hour; and provided further, such permits shall be for not longer than one year at a time; the granting of such permits being in the public interest ap.d for the public welfare.
Sec. 4. The Highway Department of this State, or the officers thereof, under regulations of said Highway Board, upon finding that any public highway or part of a public highway is incapable of safe use by vehicles, of the weight, length, height or kind stated in this Act, may, by causing a notice to be posted on or adjacent to such public highway involved, declare limitations of weight, length, height, width or kind of vehicle that shall be permitted to operate over such public highway, or a part thereof, less than those stated in this Act; and no vehicle shall be operated upon said designated highway or part thereof in violation of the limits prescribed in such posted notice.
Sec. 5. The word "vehicle" as herein used shall, in addition to its normal meaning, include the propelling vehicles, a tractor, truck, or other device for the communication of power for the propulsion of vehicles, but shall not include a vehicle operated on permanent rail tracks. The word "vehicle" shall include any combination of vehicles. A semi-trailer, consisting of the propelling vehicle, or other device intended for the supplying of power, and not for the carriage of persons or property, and of a single two-wheel vehicular unit not propelled by its own power attached thereto, shall be deemed a single vehicle for the purposes of this Act.
Sec. 6. No vehicle carrying goods or freight shall be

1012

JouRNAL OF THE SENATE,

operated on any highway with any trailer attached thereto (except as to the single trailer constituting a part of a semitrailer as defined above) nor shall any other vehicle be operated on any highway with any trailer attached thereto, where the combined weight of the trailer and load thereon exceeds sixteen hundred ( 1,600) pounds.
Sec. 7. The provisions of this Act respecting length of vehicles shall not apply to vehicles engaged in the hauling of logs, lumber, poles, timber, or farm machines exclusive of motor vehicles, or to a vehicle towing another vehicle which, by accident or other emergency, has become incapable of propulsion under its own power and is being brought to a place of repair; provided that such vehicle so operating under those exceptions shall be at a speed not to exceed twenty ( 20) miles per hour on a straight road and at a speed not in excess of ten ( 10) miles per hour when rounding curves or crossing and/or turning into intersecting roads or streets; nor shall the provisions of this Act as to weight and length apply to vehicles hauling granite or marble from the quarry to the finishing shed or shipping point, provided the said vehicle does not haul over a distance of twenty ( 20) miles on any public road or highway of this State; nor shall the provisions of this Act as to weight and length apply to the movement of saw-mill boilers or saw-mill machinery.
Sec. 8. The provisions of this Act shall not apply to passenger motor busses having a fixed route and a fixed schedule which operate within the chartered incorporated limits of cities and municipalities of this State, and which operate on a fixed route and a fixed schedule within not more than seven ( 7) miles from the chartered incorporated boundary limits of said cities and municipalities; and it is deemed that this last named provision is a needed public convenience and necessity for the public residing within said seven ( 7) miles limitation just outside of and adjacent to the chartered incorporated boundary limits of said cities

WEDNESDAY, MARCH 8, 1933.

1013

and municipalities. But nothing herein shall be held to prohibit said cities and municipalities from passing ordinances regulating the use of their streets.
Sec. 9. No certificate or permit shall be granted by the Public Service Commission of the State for the operation of any vehicle, the operation of which would be a violation of this Act; nor in any action to enforce this Act or in any prosecution under it shall any certificate or permit of said Commission or any member or officer thereof be any defense.
Sec. 10. The duty of enforcing this Act is hereby placed upon the State Highway Department and all lawenforcement officers of this State.
Sec. 11. Any person, firm, corporation, assoCiatiOn, trustee, receiver, or other fiduciary, or owner, employee or other agent, who by himself, itself or themselves, or through or in connection with another, violates or participates in violating any of the provisions of this Act, shall be guilty of a misdemeanor and punished as such.
Sec. 12. Any vehicle which on January 1, 1933, was being lawfully operated by the owner thereof on the highways of this State with respect of limitations of height, width, weight, or length, but which would be rendered unlawful of operation by herein prescribed, may be operated without incurring the penalties of this Act, so far as relates to height, width, weight or length, until one year from the approval of this Act, except over highways or parts thereof as to which the State Highway Department shall have set, under the provisions of this Act and existing laws, lesser limits. But the provisions of this section shall not apply to combinations of vehicles, except to semi-trailers carrying a single vehicular unit (hereinbefore defined), nor as permitting the use of trailers otherwise than is hereinbefore permitted.

1014

JouRNAL OF THE SENATE,

Sec. 13. Each section of this Act, and each part thereof, is hereby declared to be an independent section and part of a section, and the holding of any section or any part of a section to be void or ineffective for any cause shall not effect any other section or part of a section of this Act.
Sec. 14. The provisions of this Act, not in conflict with existing laws, are declared to be cumulative to the laws of this State regulating the use of the highways and public roads of this State.
(a) All laws or parts of laws of this State which are inconsistent and/or in conflict with the provisions of this Act are hereby repealed.
Senator Lewis of the 20th District called for the previous question and the call was sustained, and the main question was ordered, and the motion prevailed.
The original bill was first perfected.
The question was on the amendment to the committee substitute offered by the Senators from the 4th and 1st Districts, and the amendment was adopted.
The question was on the adoption of the committee substitute as amended, and the substitute as amended was adopted.
The report of the committee which was favorable to the passage of the bill by substitute as amended, was agreed to.
On the passage of the bill by substitute as amended, the ayes were 44, nays 4.
The bill by substitute as amended having received the requisite Constitutional majority, was passed.
By unanimous consent the bill, viz., Senate Bill No. 92, was ordered immediately transmitted to the House.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

vVEDNESDAY, MARCH 8, 1933.

1015

Mr. President:
The House has passed by the reqms1te Constitutional majority the following bills of the House, to-wit:

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 145. A bill to be entitled an Act to propose to the qualified voters of the State of Georgia an amendment to Paragraph 2 of Section 1 of Article 11, of the Constitution of the State of Georgia, and for other purposes.

By Messrs. Hartsfield of Fulton, Davis of Troup, and Freeman of Monroe-
House Bill No. 437. A bill to be entitled an Act providing for lawfulness of flight, uniformity with Federal Laws regulating aviation, and for other purposes.
The following resolutions of the House were read the first time, and referred to committees:

By Mr. Mundy of Polk-
House Resolution No. 93-447A. A resolution to provide for the funding of ninety-one thousand dollars of the debt of the State to the Land Scrip Fund of the University of Georgia.
Referred to Committee on Appropriations.

By Messrs. Park and DeFore of Bibb, Bennett of Dougherty-
House Resolution No. 120-571A. A resolution proposing an amendment to the Constitution, Paragraph 2, Section 2, of Article 6, by adding at the end of said section a provision of the designation of a Judge of the Court of Appeals to preside in the Supreme Court when the Justices of the Supreme Court are equally divided.

1016

JouRNAL OF THE SENATE,

Referred to Committee on Amendments to the Constitution.
The following bills of the House were read the first time and referred to committees:

By Mr. Franklin of Lowndes-
House Bill No. 271. A bill to authorize municipalities of this State to contribute to a common fund to be used to employ attorneys and/or rate experts to represent such municipalities at rate hearings before the Georgia Public Service Commission, and for other purposes.
Referred to Committee on Public Utilities-

By Mr. Rogers of Wayne-
House Bill No. 312. A bill to amend an Act of the General Assembly fixing the manner of payment of the salary of the Solicitor-General of the Brunswick Judicial Circuit, and for other purposes.
Referred to Committee on Special Judiciary.

By Messrs. Parker and Sutton of Colquitt-

House Bill No. 423. A bill to provide for the nomination and election of members of the General Assembly in all counties having more than one Representative an"d a population of not less than 30,620 and not more than 30,624 according to the Federal Census of 1930, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Mundy of Polk-
House Bill No. 4 57. A bill to fix the fiscal year period in this State for financial recording, budgeting, reporting and appropriating; to fix the date after the close of the

'VED~ESDAY, MARCH 8, 1933.

1017

fiscal year when reports required by law shall be issued; and to repeal conflicting laws, and for other purposes.
Referred to Committee on Appropriations.

By Messrs. Eckford and Hartsfield of Fulton-
House Bill No. 740. A bill to authorize the Mayor and Council of the City of Fairburn to close Smith Street, in said City of Fairburn, between East Broad Street and Bay Street and to authorize the use of said street for public school purposes, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Eckford and Hartsfield of Fulton-
House Bill No. 742. A bill to amend an Act approved August 3, 1925, incorporating the City of Fairburn, by adding at the end of Section 45 of said Act, a new paragraph to read as follows, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Hill and Peters of Meriwether-
Hause Bill No. 754. A bill to amend an Act approved February 17, 18 77, entitied "An Act to amend an Act to constitute a Board of Commissioners for the County of l\1eriwether, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 145. A bill to be entitled an Act to propose to the qualified voters of the State of Georgia an amendment to Paragraph 2 of Section 1 of Article 11, of the Con.stitution of the State of Georgia, and for other purposes.

1018

JOURNAL OF THE SENATE,

Referred to Committee on Amendments to the Constitution.

By Messrs. Hartsfield of Fulton, Davis of Troup, and Freeman of Monroe-
House Bill No. 43 7. A bill to be entitled an Act providing for lawfulness of flight, uniformity with Federal Laws, regulating aviation, and for other purposes.
Referred to Committee on Public Utilities.
The following privileged resolutions were read and adopted:
By Senator Turner of the 7th District-
A resolution extending the privileges of the floor to the Honorable Joe S. Burgin former Senator from the 24th District.

By Senator Cail of the 17th District-
A resolution extending the privileges of the floor to the Honorable E. H. Thompson, Chairman of the Board of County Commissioners of Screven County, and to the Honorable John W. Howard, Tax Collector of Screven County.
The following bill of the Senate was read the third time and put upon its passage:
By Senator Knox of the 3rd District-
Senate Bill No. 194. A bill to compensate State officers not now compensated.
The report 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.

WEDNESDAY, MARCH 8, 1933.

1019

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

By Senators Knox of the 3rd District, Tuten of the 46th District, Boyd of the 33rd District, Oliver of the 48th District, Carithers of the 27th District, Jackson of the 21st District, and Morris of the 5th District-
Senate Bill No. 66. A bill to regulate sales of real estate under power of sale.
Senator Culpepper of the 36th District, moved that the bill and all substitutes and amendments be tabled. The motion was lost.
Senator Jackson of the 31st District moved that the Senate adjourn, and the motion prevailed, and Senate Bill went over as unfinished business.
The President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

1020

JoURNAL OF THE SENATE,

SENATE CHAMBER, ATLANTA, GA.
THURSDAY, MARCH 9, 1933.
The Senate met pursuant to adjournment at ten o'clock A. M. this day, and was called to order by the President.
Prayer was offered by Senator Hubbard of the 31st District.
By unanimous consent the calling of the roll was dispensed with.
Senator \V"eaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the J ourrial of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Sims of the 35th District-
Senate Bill No. 251. A bill to amend the Act creating a Text-Book Commission as it applies to counties having a city of 200,000 or more population.
Referred to Committee on Education.
By Senator Sims of the 35th District-
Senate Bill No. 256. A bill to amend the Constitution
so as to empower the General Assembly to exempt from taxation corporations and institutions operating hospitals where the income in devoted to charity or educational purposes.

THURSDAY, MARCH 9, 1933.

1021

Referred to Committee on Amendments to the Constitution.
By Senator Rivers of the 15th District-
Senate Bill No. 255. A bill to amend the Act to create the offices of Tax Receiver and Tax Collector of Wheeler County.
Referred to Committee on Counties and County Matters.
The following resolution of the Senate was introduced, read the first time and referred to the Committee on Public Library:

By Senator Hutcheson of the 44th District-
Senate Resolution No. 99. A resolution that the State Librarian furnish law books to 15 Justices of the Peace of Walker County.
Leave of absence was granted Senator Robertson of the 32nd District on account of illness in his family.
Mr. Knox of the 3rd District, Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. President:
Your Committee on Privileges and Elections have had under consideration the following bill of the Senate, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass by substitute:
Senate Bill No. 214.
KNOX OF THE 3RD, Chairman.
Mr. J. C. Lewis of the 20th District, Chairman of the

1022

JouRNAL OF THE SENATE,

Committee on General Judiciary No. 1, submitted the following report:

J\;J r. President:
Your Committee have had under consideration the following and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass :
House Bill No. 569.
Senate Bill No. 253.
Senate Bill No. 210.
Senate Bill No. 247.
Senate Bill No. 125. Do pass by substitute. Mr. Rivers of the Fifteenth District, Chairman of the Committee on Counties and County Matters, submitted the following report:

1\1r. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 250. By Mr. Turner of the Seventh, do pass.
House Bill No. 677. By Messrs. Martin and Allen of Jackson, do pass.
House Bill No. 679. By Mr. Wilson of Murray, do pass.
House Bill No. 701. By Mr. Johnson of Seminole, do pass.

THURSDAY, MARCH 9, 1933.

1023

House Bill No. 717. By Messrs. Chappell and Stukes of Sumter, do pass.
House Bill No. 705. By Mr. Melton of Early, do pass as amended.
House Bill No. 754. By Messrs. Hill and Peters of Meriwether, do pass as amended.
House Bill No. 423. By Messrs. Parker and Sutton of Colquitt, do pass.
Mr. Lester of the 18th District, Chairman of the Committee on Amendments to the Constitution, submitted the following report:
/1.1r. President:
Your Committee on Amendments to the Constitution have had under consideration House Bill No. 145, and the committee have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
Mrs. Moore of the 47th District, Chairman of the Committee on Library, submitted the following report:
Mr. President: Your Committee on Library hav' e had under considera-
tion the following resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Resolution No. 167-741a. By Mr. Palmour of Hall, do pass.
Mr. J. G. Dean of the 11th District, Chairman of the
Committee on Pensions, submitted the following report:
Mr. President:
Your Committee on Pensions have had under consider-

1024

JoURNAL OF THE SENATE,

ation the following Senate Bill No. 254, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
J. G. DEAN,
Chairman.

Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the House and Senate and have instructed me, as chairman, to report the same back to the Senate with the recommendation that the same do pass, to-wit:
Senate Bill No. 249. House Bill No. 732. House Bill No. 692. House Bill No. 735. House Bill No. 526. Do pass as amended. House Bill No. 718. House Bill No. 312.
House Bill No. 715. Senate Bill No. 211.
Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consideration the following bills of the House and have

THURSDAY, MARCH 9, 1933.

1025

instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass, to-wit:
House Bill No. 486.
House Bill No. 656.
House Bill No. 688.
House Bill No. 566.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bills and resolutions of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the following recommendations, to-wit:

House Bill No. 565. Do pass as amended.
House Bill No. 564. Do pass by substitute.
Mr. J. M. Fudge of the 8th District, Chairman of the
Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture have had under consideration the following bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 252.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

1026

JoURNAL OF THE SENATE,

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

By Messrs. Fetzer of the 1st, and Mc\Vhorter of the 50th District-
Senate Resolution No. 96. A resolution expressing the sympathy of the General Assembly at the untimely death
of Honorable Anton J. Cermak, Mayor of the City of
Chicago.
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 bill of the Senate, to-wit:

By Mr. Fudge of the 8th District-
Senate Bill No. 140. A bill to prohibit the use of convicts sentenced for either felonies or misdemeanors in certain counties of this State, and for other purposes.
The following message was received from the House through l\1r. 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. Bland of Stewart-
House Bill No. 532. A bill to abolish the offices of Tax Receiver and Tax Collector of Stewart County, Georgia; to create the office of County Tax Commissioner of Stewart County, Georgia, and for other purposes.

THURSDAY, MARCH 9, 1933.

1027

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. Mundy of Polk-
House Bill No. 448. A bill to amend the Income Tax Act of 1931, approved March 31, 1931, and for other purposes.
By Mr. Clark of Catoosa-
House Bill No. 503. A bill to amend Section 3 of "An Act repealing Section 23 of an Act number 427, approved August 28, 1925, to allow fishing with hook and line devices," etc., and for other purposes.

By Messrs. Rawlins of Telfair, and Holt of Wilcox-
House Bill No. 554. A bill to define gum turpentine and the products as processed therefrom by the original producer as agricultural commodities and agricultural fartn products, and for other purposes.

By Mr. Hudgins of DeKalb-
House Bill No. 571. A bill to create a new charter for the City of Chamblee in DeKalb County, and for other purposes.
By Mr. Mundy of Polk-
House Bill No. 671. A bill to appropriate money for the maintenance of the Legislative Department for the year 1933 in addition to that already appropriated, and for other purposes.

1028

JouRNAL OF THE SENATE,

By Mr. Settle of Butts-
House Bill No. 681. A bill to amend the Charter of the City of Jackson, Butts County, Georgia, and all amendments thereto, and for other purposes.

By Mr. Stanton of Ware-
House Bill No. 703. A bill to provide for the time and method of payment of commissions on county taxes to Tax Collectors in counties of a certain population, 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, to-wit:

By Mr. Pound of Hancock-
House Bill No. 121. A bill to convey the title to all real estate and the improvements heretofore owned by- the Trustees of Tenth Congressional District Agricultural and Industrial School to Hancock County, and for other purposes.

By Mr. Brown of Glynn-
House Bill No. 19 5. A bill to amend an Act entitled, "An Act to change from the fee to the salary system in certain counties in Georgia, etc.," and for other purposes.

By Mr. Brown of Glynn-
House Bill No. 265. A bill to amend the Act approved August 21, 1922, providing for a secret and private ballot at all elections held in this State, etc., and for other purposes.

THURSDAY, MARCH 9, 1933.

1029

By Mr. Palmour of Dawson-
House Bill No. 332. A bill to amend an Act approved August 20, 1918, with reference to Commitments to the Milledgeville State Hospital, etc., and for other purposes.

By Messrs. Fagan of Peach, Duncan and Johnson of Upson, and others-
House Bill No. 377. A bill to amend an Act entitled an Act to regulate the grading and marketing of peaches and apples in closed packages, etc., by repealing all of said Act which applies to grading, marketing and inspecting of peaches, and for other purposes.

By Mr. Mundy of Polk-
House Bill No. 447. A bill to amend an Act entitled an Act to make permanent the income of the University 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 passed by the requtstte Constitutional majority the following bills of the House, to-wit:

By Mr. Stokes of Twiggs-
Hause Bill No. 733. A bill to create a Board of Commissioners of Roads and Revenues for the County of Twiggs, State of Georgia, and for other purposes. .

By Mr. Lee of Pulaski-
House Bill No. 738. A bill to create and establish a Board of Commissioners of Roads and Revenues for the County of Pulaski, State of Georgia, and for- other purposes.

1030

JOURNAL OF THE SENATE,

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

By Senator Culpepper of the 36th District-
Senate Bill No. 210. A bill to amend Section 4016 of the Civil Code as to making titles on bond of intestate.

By Senator Sims of the 35th District-
Senate Bill No. 211. A bill to reduce salaries and costs in Municipal Court of Atlanta ..

By Senator Lester of the 18th District-
Senate Bill No. 247. A bill to provide for recording of tax fi fas.

By Senator Turner of the 7th District-
Senate Bill No. 249. A bill to amend an Act to establish the City Court of Quitman.

By Senator Turner of the 7th District-
Senate Bill No. 250. A bill to amend Section 695 of the Political Code as to road duty.

By Senator Culpepper of the 36th District-
Senate Bill No. 252. A bill to prohibit growing of cotton in year 1934, and for other purposes.

By Senators Tuten of the 46th District, Hogg of the 13th District, Lewis of the 20th District, Conner of the 14th District, Hutcheson of the 44th District, Lovett of the 16th District, and Haralson of the 40th District-
Senate Bill No. 253. A bill to prohibit the growing of cotton in the year 1934, and for other purposes.

THURSDAY, MARCH 9, 1933.

1031

By Senator Howard of the 24th District-
Senate Bill No. 254. A bill to authorize the payment of pensions to Confederate Soldiers and Widows of Confederate Soldiers.
The following resolution of the House favorably reported by a Committee, was read the second time.

By Mr. Palmour of Hall-
House Resolution No. 167-741A. A resolution authorizing and directing the State Librarian to furnish to the Law Library of the County of Hall certain missing volumes.
The following bills of the House favorably reported by committees, were read the second time:

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 145. A bill to propose to the qualified voters of the State of Georgia an amendment to Paragraph 2a of Section 1, of Article 11, of the Constitution, and for other purposes.

By Mr. Rogers of \Vayne-
House Bill No. 312. A bill to amend an Act of the General Assembly fixing the manner of payment of the salary of the Solicitor-General of the Brunswick Judicial Circuit, and for other purposes.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 423. A bill to provide for the nomination and election of members of the General Assembly in all counties having more than one representative and a population of not less than 30,620, and not more than 30,624 according to the Federal Census of 1930, and for other purposes.

1032

JouRNAL oF THE SENATE,

By Messrs. Myrick and Kennedy of Chatham-
House Bill No. 486. A bill to repeal all existing laws and sections of the Code of 1910 relative to Pilotage and Pilotage commissions, and for other purposes.

By Messrs. Sumner and Tipton of Worth-
House Bill No. 526. A bill to amend the Act entitled "An Act to establish a city court in the City of Sylvester, County of Worth, and for other purposes.

By Mr. Miller of Calhoun-
House Bill No. 563. A bill to amend an Act creating City Court of Morgan County, so as to reduce the salary of the Judge, and for other purposes.
The following bills of the Senate and House, favorably reported by the committees, were read the second time:

By Senators Knox of the 3rd District and Lewis of the 20th District-
Senate Bill No. 214. A bill providing for conventions to pass on amendments to the Constitution and for other purposes.

By Mr. Black of Forsyth-
House Bill No. 566. A bill to amend an Act approved August 6, 1927, entitled an Act to provide for holding three terms a year of the Superior Court of Forsyth County, so as to reduce the number of terms from three terms a year to two terms a year, and for other purposes.

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 569. A bill to exempt Richmond County from application of an Act of 1925 as to real estate brokers and salesmen, and for other purposes.

THURSDAY, MARCH 9, 1933.

1033

By Mr. Daughtry of Wilkinson-
House Bill No. 651. A bill to repeal an Act to establish the City Court of Irwinton, and for other purposes.

By Mr. Trapnell of Candler-
House Bill No. 656. A bill to amend an Act to establish the City Court of Metter, and for other purposes.

By Messrs. Martin and Allen of Jackson-
House Bill No. 677. A bill to vest in Tax Collectors of the State of Georgia in all counties thereof having a certain population all the powers and duties of the Sheriffs, and for other purposes.

By Mr. VVilson of Murray-
House Bill No. 679. A bill to consolidate and abolish the offices of Tax Receiver and Tax Collector of Murray County, and to create in lieu thereof the office of Tax Commissioner, and for other purposes.

By Messrs. Davis and Hand of Mitchell-
House Bill No. 688. A bill to amend an Act creating the City Court of Camilla, approved August 17, 1905, so as to provide for fixing and paying the salary of the Judge and Solicitor of said Court, and for other purposes.

By Messrs. Bean and Dorsett of Carroll-
House Bill No. 692. A bill to repeal paragraph 2 of Section 1 of an Act to amend an Act to establish a system of Public Schools for the City of Carrolton in Carroll County, and for other purposes.

By Mr. Johnson of SeminoleHouse Bill No. 701. A bill to amend an Act to establish

1034

JouRNAL oF THE SENATE,

a Board of Commissioners of Roads and Revenues for the county of Seminole, and for other purposes.
By Mr. Melton of Early-
House Bill No. 705. A bill to create a Board of Commissioners of Roads and Revenues for the County of Early, and for other purposes.

By Mr. Williams of Mcintosh-
House Bill No. 715. A bill to amend an Act to establish the City Court of Darien, and for other purposes.
By Messrs. Chappell and Stukes of Sumter-
House Bill No. 717. A bill to amend an Act entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, and for other purposes.

By Mr. Daughtry of Wilkinson-
House Bill No. 718. A bill to create a County Court for the County of Wilkinson, and for other purposes.
By Mr. Pope of Toombs-
Hause Bill No. 732. A bill to amend an Act amending an Act creating the City Court of Lyons, and for other purposes.

By Mr. Melton of Early-
House Bill No. 73 5. A bill to amend the Act of 1906, page 161, creating the City Court of Blakely, and for other purposes.

By Messrs. Hill and Peters of MeriwetherHause Bill No. 754. A bill to amend an Act approved

THURSDAY, MARCH 9, 1933.

1035

February 7, 18 77, entitled an Act to amend an Act to constitute a Board of Commissioners for the County ~f Meriwether, and for other purposes.
The following Privileged Resolutions were read and adopted:

By Senator Fetzer of the 1st District--
A resolution extending the privileges of the floor to Mrs. G. A. Barron, of the City of Lexington, sister of Mrs. Hamilton McWhorter.

By Senators Knox of the 3rd District and Hutcheson of the 44th District-
A resolution extending the privileges of the floor to Hon.
E. R. Hamilton of DeKalb County.
By Senators Knox of the 3rd District and Hutcheson of the 44th District-
A resolution extending the privileges of the floor to Hon.
J. B. Moore of Appling County.

By Senators Knox of the 3rd District and Hutcheson of the 44th District-
A resolution extending the privileges of the floor to Hon. Frank Scarlett of Glynn County.
By Senators Knox of the 3rd District and Hutcheson of the 44th District-
A resolution extending the privileges of the floor to Hon. John Rogers, Jr., of Jeff Davis County.
The followings Bills of the House were read the first time and referred to Committees:
By Mr. Mundy of Polk-
House Bill No. 448. A bill to amend the Income Tax

1036

JouRNAL oF THE SENATE,

Act of 1931, approved March 31, 1931, and for other purposes.
Referred to Committee on Finance.

By Mr. Clark of Catoosa-
House Bill No. 503. A bill to amend Section 3 of an
Act repealing Section 23 of an Act number 427, approved August 28, 1925, "to allow fishing with hook and line devices," etc., and for other purposes.
Referred to Committee on Game and Fish.

By Messrs. Rawlins of Telfair and Holt of 'Vilcox-
House Bill No. 554. A bill to define gum turpentine and
the products as processed therefrom by the original producer as agricultural commodities and agricultural farm products, and for other purposes.
Referred to Committee on Agriculture.

By Mr. Hudgins of DeKalb-
House Bill No. 571. A bill to create a new charter for the City of Chamblee in DeKalb County, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Mundy of Polk-
House Bill No. 671. A bill to appropriate money for the maintenance of the Legislative Department for the year 1933 in addition to that already appropriated, and for other purposes.
Referred to Committee on Appropriations.

THURSDAY, MARCH 9, 1933.

1037

By Mr. Settle of Butts-
House Bill No. 681. A bill to amend the charter of the City of Jackson, Butts County, Georgia, and all amendments thereto, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Stanton of Ware-
House Bill No. 703. A bill to provide for the time and method of payment of Commissions on County Taxes to Tax Collectors in counties of a certain population, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Pound of Hancock-
House Bill No. 121. A bill to convey the title to all real estate and the improvements heretofore owned by the Trustees of Tenth Congressional District Agricultural and Industrial School to Hancock County, and for other purposes.
Referred to Committee on General Judiciary No. 1.

By Mr. Brown of Glynn-
House Bill No. 19 5. A bill to amend an Act entitled an Act to change from the fee to salary system in certain counties in Georgia, etc., and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Brown of Glynn-
House Bill No. 265. A bill to amend the Act approved August 21, 1922, providing for a secret and private ballot at all elections held in this State, etc., and for other purposes.

1038

}OUR~AL OF THE SENATE,

Referred to Committee on Privileges and Elections.

By Mr. Palmour of Dawson-
House Bill No. 332. A bill to amend an Act approved August 20, 1918, with reference to Commitments to the Milledgeville State Hospital, etc., and for other purposes.
Referred to Committee on State Sanitarium.

By Messrs. Fagan of Peach, Duncan of Houston and Johnson of Upson, and others-
House Bill No. 377. A bill to amend an Act entitled an Act to regulate the grading and marketing of peaches and apples in closed packages, etc., by repealing all of said Act which applies to grading, marketing and inspecting of peaches, and for other purposes.
Referred to Committee on Agriculture.

By Mr. Mundy of Polk-
House Bill No. 447. A bill to amend an Act entitled an Act to make permanent the income of the University of Georgia, and for other purposes.
Referred to Committee on University of Georgia.

By Mr. Stokes of Twiggs-
Hause Bill No. 733. A bill to create a Board of Commissioners of Roads and Revenues for the County of Twiggs, State of Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Lee of Pulaski-
House Bill No. 738. A bill to create and establish a Board of Commissioners of Roads and Revenues for the

THURSDAY, MARCH 9, 1933.

1039

County of Pulaski, State of Georgia, and for other purposes.
Referred to Committee on Counties and County Matters.
The following Bills of the Senate were read the third time ana put upon their passage:

By Senator Rivers of the 15th District-
Senate Bill No. 212. A bill to reduce the bond of the Sheriff of Wheeler County, Georgia, from the amount of $10,000.00 to $5,000.00 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 40, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Robertson of the 32nd District-
Senate Bill No. 237. A bill to create a Board of Commissioners of Roads and Revenues for White 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 39, nays 0.
The bill having received the requisite Constitutional majortiy, was passed.

By Senator Robertson of the 32nd District-
Senate Bill No. 238. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues of White County, and for other purposes.
The report <>:f the committee, which was favorable to the passage of the bill, was agreed to.

1040

JouRNAL OF THE SENATE,

On the passage of the bill, the ayes were 35, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Rivers of the 15th District-
Senate Bill No. 245. A bill to reduce the bond of the Sheriff of Montgomery County, Georgia, from the amount of $10,000.00 to $5,000.00, 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 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Cail of the 17th DistrictSenate Bill No. 246. A bill to amend an Act establish-
ing the City Court of Sylvania, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Hubbard of the 31st District-
Senate Bill No. 248. A bill to provide for the disposition of certificates of indebtedness by Habersham 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 39, nays 0.

THURSDAY, MARCH 9, 1933.

1041

The bill having received the requisite Constitutional majority, was passed.
The Committee on Rules submitted the following report, which was read and adopted:

Mr. President:
Your Committee on Rules establishes the following order of business for today's session, immediately following the period of Unanimous Consents to-wit:

SENATE BILLS
No. 204, Lewis of the 20th. Commitment of Insane Cases to Sanitarium.
No. 205, Lewis of the 20th. Appointment of Marshals for Sanitarium.
No. 166, Fetzer of the 1st. Exempt State Property from Tax Returns.
No. 127, Sisk of the 30th. Authorize Counties and Cities to Erect Road and Street Safety Devices.
No. 68, Hubbard of the 31st. School Tax Levy Amendment to Constitution.
No. 195, Dean of the 11th. Establish a Delinquent Tax Commissioner.
No. 196, Hutcheson of the 44th. Require Highway Department to Use Convicts.
No. 231, Hubbard of the 31st. Allocate 60% Tag Tax to Common Schools.
No. 233, Cail of the 17th. Regulation of Primary Elections Requiring Candidates to Speak Once in Each Senatorial District.

1042

JouR~AL OF THE SENATE,

No. 184, Hubbard of the 31st. Borrowing Power of the County Boards of Education.
The foregoing bills to be taken up as they appe~r in their order in this calendar.
Your committee adopted the following resolution limiting debate on all bills; each proponent of a bill shall be limited to ten minutes for debate. One selected opponent of any bill shall be limited to twenty minutes for debates. Any Senator desiring to debate any question shall be limited to five minutes' time for debate. The committee recommended that the Senate adjourn at one o'clock until two o'clock and remain in session from two o'clock until five o'clock today.
Respectfully submitted,
GEo. W. FETZER, Vice-Chairman,
WM. M. LESTER, Secretary.

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

By Mr. Jones of Lumpkin-
House Resolution No. 158-700a. A resolution to relieve N. A. Garner and D. M. Jordan as sureties on bond of Jess Kimbraugh, and for other purposes.
The report of the committee, having been favorable to the passage of the resolution, was agreed to.
On the passage of the resolution, the ayes were 44, 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 :

THURSDAY, MARCH 9, 1933.

1043

By Mr. Hartsfield of Fulton-
House Bill No. 549. A bill to amend an Act creating a new charter for the City of East Point, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Hartsfield of Fulton-
House Bill No. 559. A bill to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Jordan of Schley-
House Bill No. 648. A bill to amend Code Section 4906 of 1910, to provide for the amount of bond for the Sheriff of Schley County, 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 36, nays 0.
The bill having received the requisite Constitutional majority, was passed.

1044

JouRNAL OF THE SENATE,

By Messrs. Still, Eckford and Hartsfield of Fulton-
House Bill No. 664. A bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Arnall and Dyer of Coweta-
House Bill No. 672. A bill to amend the charter of the City of Newnan so as to authorize the City of Newnan to insure the lives of its employees, 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 40, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Davis, Lanham and Crawford of Floyd-
House Bill No. 685. A bill to amend an Act entitled an Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

THURSDAY, MARCH 9, 1933.

1045

By Messrs. Bean and Dorsett of Carroll-
House Bill No. 691. A bill to repeal Section 1 of an amended Act to the City Charter of Carrollton, 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 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Dorsett and Bean of Carroll-
House Bill No. 693. A bill to amend an Act establishing a charter for the City of Carrollton, Georgia, approved September 9, 1891, and all Acts amendatory thereto, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Simms and Tillman of Brooks-
House Bill No. 694. A bill to authorize counties having a certain population, to expend and employ the funds paid to it under the motor fuel tax act, for the purposes of paying interest on and providing a sinking fund to retire bonds issued by such counties for funds to build State aid roads, 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, nays 0.

1046

JouRNAL OF THE SENATE,

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

By Mr. Edwards of Stephens-
House Bill No. 699. A bill to amend an Act providing for County Commissioners of Roads and Revenues for the County of Stephens, so as to provide for the election of the Commissioners by the qualified voters of 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 37, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Melton of Early-
House Bill No. 704. A bill to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Early, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Melton of Early-
House Bill No. 706. A bill to amend an Act reducing the official bond of the Sheriff of Early County, and for other purposes.
The report of the commitee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, MARCH 9, 1933.

1047

On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Melton of Early-
House Bill No. 707. A bill to amend an Act entitled an Act to create and incorporate the City of Blakely, 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 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Teasley of Cherokee-
House Bill No. 710. A bill to amend an Act re-incorporating the Town o( Canton, approved July 26, 1922, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Williams of Mcintosh-
House Bill No. 716. A bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector in Mcintosh 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 39, nays 0.

1048

JouRNAL OF THE SENATE,

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

By Mr. Comas of Appling-
House Bill No. 719. A bill to amend an Act approved August 21, 1911, entitled an Act to create a new charter for the City of Baxley, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Davis of Troup-
House Bill No. 741. A bill to amend the Charter of the City of Hogansville, approved August 6, 1924, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Melton of Early-
House Bill No. 743. A bill to abolish the office of County Treasurer of Early County, Georgia; to create a County Depository in and for Early County, and for other purposes.
The report of the committee, which was favorable to the pasasge of the bill, was agreed to..
On the passage of the bill, the ayes were 39, nays 0.

THURSDAY, MARCH 9, 1933.

1049

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

By Messrs. Bennett and Westbrook of Dougherty-

House Bill No. 750. A bill to amend an Act creating

and establishing a new charter for the City of Albany,

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 42, nays 0.

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

By Mr. Mitchell of Taliaferro-
Hause Bill No. 752. A bill to provide for the election of a Marshal and Nightwatchman for the City of Crawfordville, 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, 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. Parramore of Bleckley and Lee of Pulaski-
House Bill No. 580. A bill to abolish the fee system in the Oconee Judicial Circuit.
Senator Lovett of the 16th District moved to amend House Bill No. 580 in the following, to-wit:
By striking the figures or words Two Hundred Dollars

1050

JoGRNAL oF THE SENATE,

as they apply to Treutlen County and substituting therefor the figures or words Three Hundred Dollars.
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, nays 0.
The bill, as amended, having received the requisite Constitutional majority, was adopted.
The following Bill of the Senate, continued from yesterday's session, was taken up for passage:

By Senators Knox of the 3rd District, Tuten of the 46th District, Boyd of the 33rd District, Oliver of the 48th District, Carithers of the 27th District, Jackson of the 21st District, and Morris of the 5th District-
Senate Bill No. 66. A bill to regulate sales of real estate under power of sale.
The committee offered a substitute.
Senator Cloud of the 19th District moved to table the bill and all substitutes and amendments.
The motion was lost.
Senator Fetzer of the 1st District offered a substitute to Senate Bill No. 66.
Senator Sims of the 35th District offered to amend the committee substitute.
Senator Sims of the 35th District offered to amend the substitute of Senator Fetzer of the 1st District.
The President left the chair and Senator Lewis of the 20th District presided for some minutes until the President returned to the stand.

THURSDAY, MARCH 9, 1933.

1051

The question was on the amendment to the committee substitute offered by the Senator from the 35th District, and the amendment was adopted.
The question was on the adoption of the committee substitute as amended. The substitute as amended failed of adoption.
The question was on the amendment of the Senator from the 35th District to the substitute offered by Senator Fetzer, and the amendment was lost.
The question was on the adoption of the substitute offered by the Senator from the 1st District and the substitute failed of adoption.
The question was on agreeing to the report of the committee.

The report of the committee was not agreed to, the ayes being 7 and the nays 30, and the bill was accordingly lost.

A minority report was filed.

The hour of adjournment having arrived, the President

announced that the Senate stood adjourned until two o'clock

this afternoon.

,

AFTERNOON SESSION

The Senate met at two o'clock this afternoon and was called to order by the President.

The roll was called and the following Senators answered

to their names:

,

Alston Andrews Baggett Boyd Boykin Cail Campbell

Carithers Cason Cloud Colson Conner Culpepper Dean

Dorminy Fetzer Fudge Goldin Groover Haralson Hogg

1052

JouRNAL OF THE SENATE,

Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett

Mallett Moore Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson

Sims Sisk Sparks Tate Terrell Turner Tuten Weaver :\1r. President

The following Bill of the Senate was introduced, read the first time and referred to the Committee on General Judiciary No.2:

By Senators Key of the 28th District, and Sims of the 35th District-
Senate Bill No. 257. A bill to regulate the sale of property sold under tax fi. fas., and penalties to be paid therefor, and for other purposes.
The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Goolsby of Jasper-
House Bill No. 564. A bill to consolidate the offices of Tax Receiver and Tax Collector of Jasper County; to create the office of Tax Commissioner.

By Mr. Goolsby of Jasper-
House Bill No. 565. A bill to abolish the office of
County Treasurer of Jasper County.
By unanimous consent House Bill No. 403, known as the General Appropriation Bill, was withdrawn from the committee, read the second time and recommitted.

By unanimous consent House Bill No. 457, a bill by Mr.

THURSDAY, MARCH 9, 1933.

1053

Mundy of Polk, was withdrawn from'the committee, read the second time and recommitted.
By unanimous consent House Resolution No. 93-447a, a resolution relating to the Land Scrip Fund of the University of Georgia, was withdrawn from the committee, read the second time and re-committed.
The following Bills of the Senate were read the third time and put upon their passage:
By Senator Lewis of the 20th District-
Senate Bill No. 204. A bill to amend Section 976 of the Penal Code relating to pleas of insanity.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Senator Lewis of the 20th District-
Senate Bill No. 205. A bill to amend Section 1591 of the Civil Code relating to appointment of a Marshal at the State Sanitarium, and for other purposes.
Key of the 28th District moves to amend Senate Bill No. 205 by adding after the word "Marshals" where same appears in said bill, "not to exceed two in number."
Also further moves to amend said bill by striking "Trustees" and substituting the words "Board of Control."
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, nays 0.

1054

JouRNAL OF THE SE~ATE,

The bill as amended, having received the requisite Constitutional majority, was passed.
By unanimous consent Senate Bills No. 204 and 205 were ordered immediately transmitted to the House.
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 House, to-wit:

By Mr. Simmons of Decatur-
House Bill No. 135. A bill to be entitled an Act to reduce salaries of all officials of the State of Georgia where fixed by law, 20%, and for other purposes.

By Mr. Clements of Wheeler-
House Bill No. 737. A bill to reduce the bond of the Sheriff of Wheeler County, Georgia from $10,000.00 to $5,000 and for other purposes.

By Mr. Freeman of Monroe-
House Bill No. 747. A bill to amend an Act approved February 22, 1873, as amended by an Act approved July 27, 1923, fixing the bond of the Sheriff of Monroe County, and for other purposes.

By Messrs. Simmons and Griffin of Decatur-
House Bill No. 766. A bill to amend an Act entitled an Act to create a new charter for the City of Bainbridge, and for other purposes.

By Messrs. Hartsfield of Fulton and Davis of Troup and others-
House Bill No. 439. A bill to be entitled an Act provid-

THURSDAY, MARCH 9, 1933.

1055

ing for the acquisition, construction and operation of airports, and for other purpos~s.
Senator Campbell of the 34th District asked unanimous consent that Senate Bill No. 93, a bill to provide for safety of highways, be withdrawn from the committee, read the second time and re-committed, and the consent was granted.
Senator Hubbard of the 31st District asked unanimous consent that action on Senate Resolution No. 68 be postponed, and the consent was granted.
The following Bills of the Senate were read the third time and taken up for passage :

By Senator Dean of the 11th District-
Senate Bill No. 195. A bill to create a delinquent tax commissiOn.
Senator Carithers of the 27th District moved that the bill be tabled, and the motion prevailed, and the bill was tabled.

By Senator Hutcheson of the 44th District-
Senate Bill No. 196. A bill requiring the Highway Department to use convicts on State Aid Roads.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 46, nays 0.
The bill, having received the requisite Constitutional majority, was passed.
By unanimous consent the bill was ordered immediately transmitted to the House.
The following Bills of the House were read the first time and referred to committees:

1056

JouRNAL oF THE SENATE,

By Mr. Simmons of Decatur-
House Bill No. 13 5. A bill to be entitied an Act to reduce salaries of all officials of the State of Georgia where fixed by law, 20%, and for other purposes.
Referred to Committee on State of Republic.

By Mr. Clements of Wheeler-
House Bill No. 737. A bill to reduce the bond of the Sheriff of Wheeler County, from $10,000.00 to $5,000.00, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Freeman of Monroe-
House Bill No. 747. A bill to amend an Act approved February 22, 1873, as amended by an Act approved July 27, 1923, fixing the bond of the Sheriff of Monroe County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Simmons and Griffin of Decatur-
House Bill No. 766. A bill to amend an Act entitled an Act to create a new charter for the City of Bainbridge, and for other purposes.
Referred to Committee on State of Republic.

By Messrs. Hartsfield of Fulton and Davis of Troup and others-
House Bill No. 439. A bill to be entitled an Act providing for the acquisition, construction and operation of airports, and for other purposes.
Referred to Committee on Public Utilities.

THURSDAY, MARCH 9, 1933.

1057

The following Privileged Resolution was read and adopted:

By Senator Hutcheson of the 44th District-
A resolution extending the privileges of the floor to the Hon. Ralph Rosser, a former member of the House.
Leave of absence was granted to Senator Knox of the 3rd District.
The following Bills of the Senate were read the third time and put upon their passage:

By Senator Sisk of the 30th District-
Senate Bill No. 166. A bill to exempt from taxation lease holds and rental contracts, on property owned by the State.
Senator Fetzer of the 1st District moved that action on the bill be postponed, and the motion prevailed.

By Senator Sisk of the 30th District-
Senate Bill No. 127. A bill to regulate Highway Crossings Safety Guards.

Senator Sisk of the 30th offered an amendment.

The amendment was adopted.

On the passage of the bill as amended, the ayes and nays were called and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Boyd Ik>ykin Campbell Carithers Cason

Dean Fetzer Goldin Groover Hubbard

Hutcheson Jackson Knox Lewis Moore

1058

JouRNAL OF THE SE~ATE,

Oliver Sisk Tate

Terrell Turner Tuten

Weaver

Those voting in the negative were Senators:

Alston Andrew'S Cloud Colson Culpepper Fudge

Hogg Howard of the 24th Howard of the 2nd Key Lovett Morris of the 39th

Nelson Paschall Rivers Sims Sparks

The ayes were 22, nays 17, and the bill as amended having failed to receive the requisite Constitutional majority, was lost.

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

By Senator Hubbard of the 31st District-
Senate Bill No. 231. A bill to allocate sixty per cent of the Tag Tax to the common schools.

Senator Sisk of the 30th District moved to amend Senate Bill No. 231 by striking the words "and appropriated" from line eleven on page 2 of said bill.
Senator Pottle of the 1Oth District moved to amend Senate Bill No. 231 by adding another sentence to Section 21 thereof to read as follows, "Provided however that the Revenue Commission shall allocate and pay to the Highway Department the sum of at least one million six hundred thousand dollars before any diversion of any funds hereunder provided shall be made or allowed."
The question was on the amendment offered by Senator Pottle of the 1Oth District, and the ayes and nays were called and the call was sustained. The roll was called and the vote was as follows :

THURSDAY, MARCH 9, 1933.

1059

Those voting in the affirmative were Senators:

Alston Andrews Baggett Boy kin Cail Carithers Cason Cloud Colson Conner Culpepper Dean

Dorminy Fetzer Fudge Groover Haralson Hogg Howard of the 24th Howard of the 2nd Key Lester Lewis Lovett

Moore Nelson Oliver Paschall Pottle Rivers Sparks Tate Turner Weaver

Those voting in the negative were Senators:

Boyd Goldin Hubbard Hutcheson

Jackson Knox Sims Sisk

Terrell Tuten

The ayes were 34, nays 10.

The amendment was adopted.

The question was on the amendment offered by Senator Sisk of the 30th District, and the amendment was adopted.
The report of the committee which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes and nays were called for and the call was sustained. The roll was called and the vote was as follows :

Those votirig in the affirmative were Senators:

Alston Andrews Baggett Boyd Boykin Cail Carithers Cason

Cloud Colson Conner Culpepper Dean Dorminy Fetzer Fudge

Goldin Groover Haralson Howard of the 24th Howard of the 2nd Hubbard Hutcheson Key

1060

JoURNAL OF THE SENATE,

Lewis Lovett Nelson Oliver

Paschall Pottle Rivers Sims

Tate Terrell Turner 'Veaver

Those voting in the negative were Senators:

Hogg Jackson

Knox Sisk

Tuten

The ayes were 36, nays 5.

The bill as amended having received the requisite Constitutional majority, was passed.

By unanimous consent, Senate Bill No. 231 was ordered immediately transmitted to the House.

Senator Howard of the 24th District moved that the Senate adjourn, and the motion prevailed.

The President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

FRIDAY, MARCH 10, 1933.

1061

SENATE CHAMBER, ATLA~TA, GA.
FRIDAY, MARCH 10, 1933.
The Senate met, pursuant to adjournment, at ten 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 'Veaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.
Senator Sisk of the 30th District gave notice that he would move, at the proper time for reconsideration of the Senate's adverse action yesterday on Senate Bill No. 127.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
The following bill of the Senate was introduced, read the first time and referred to the Committee on Counties and County Matters:
By Senator Cloud of the 19th District-
Senate Bill No. 258. A bill to reduce the bond of sheriff of Taliaferro County.
Senator Colson of the 4th District asked unanimous con-
sent that House Bill No. 575, be withdrawn from the Com-
mittee on Municipal Government and recommitted to the Committee on Counties and County Matters, and the consent was granted.

1062

JouRNAL OF THE SENATE,

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

By Senator Boykin of the 29th DistrictSenate Resolution No. 100, as follows, to-wit:

JOINT RESOLUTION
To permit the Georgia Bicentennial Commission, at their own expense, to place on the wall of the corridor in the State Capitol an ornamental tablet in commemoration of the 200th anniversary celebration of the Georgia Colony.
Resolved by the Senate and the House of Representatives of the Georgia Legislature, that permission is hereby given to the Georgia Bicentennial Commission to place on the wall of a corridor in the State Capitol in Atlanta, an ornamental bronze, marble or granite tablet, in commemoration of the 200th Anniversary celebration of the founding of the Georgia Colony, and that it will contain the names of Franklin Delano Roosevelt, President of the Honorary Committee of the Georgia Bicentennial Commission; former Governor Richard B. Russell, Jr., who signed the Resolution creating the Bicentennial Commission, and the names of the members of the original Bicentennial Commission; Eugene Talmadge, Governor of Georgia and Honorary President of the Commission; Hamilton McWhorter, President of the Senate, and Ed Rivers, Speaker of the House, Vice-Presidents of the Honorary Committee, and the names of the Patrons Committee of the Bicentennial Commission, through whose generosity the work of the Commission has largely been made possible. The location, design and size to meet with the approval of the Historical Research Committee of the Legislature. The tablet to be provided and placed without cost to the State or to the Georgia Bicentennial Commission by a member of the Executive Committee of the Commission.

FRIDAY, MARCH 10, 1933.

1063

Section 2. All laws and parts of laws in conflict with this Act to be and the same are hereby repealed.
The following Resolution of the Senate was read anti adopted:

By Senator Jackson of the 21st DistrictSenate Resolution No. 101, as follows, to-wit:

A RESOLUTION

Whereas, the four pillars of civilization which are necessary to bring peace, happiness and contentment among the people of this nation are food to eat, clothes to wear, houses to live in and money to spend, and
Whereas, we have food in abundance, yet thousands of the people are starving to death or are being fed by charitable agencies, and
Whereas, clothes are stacked so high in the factories and other places that they are breaking down their shelves by sheer weight while millions of people are walking the streets shivering for the want of sufficient clothing to keep their bodies warm, and
Whereas, thousands of homes are empty all over our land and country, while multitudes of men, women and children are lying in parks, in alleys and along highways from Florida to California, and
Whereas, that there are now in the United States approximately five billions of dollars in the Treasury at Washington and in the Regional Banks of America, which would authorize Congress to increase the circulating medium of this Country to at least five billions of dollars and then leave the country on a gold basis of more than fifty per cent, and
Whereas, all of said woes as enumerated above are

1064

JocRNAL OF THE SENATE,

caused from a want of sufficient money to satisfy the necessities of life.
Therefore, Be it resolved that this Senate, the House concurring, hereby urge upon our Senators and Representatives in Congress assembled to use their influence to inflate the currency in a sufficient quantity to do the business of the country on.
Resolved Further that we recommend to our Senators and Representatives, first, That they urge the repeal of the Smoot-Hawley Tariff Bill. Second, A guarantee of Bank Deposits. Third, To issue five billions of dollars in legal tender Treasury notes. Fourth, Open up trade relations with Russia at once and give us that vast territory to sell our surplus products in. Fifth, Call a convention of all of the countries for the purpose of lowering the Tariff barriers caused by the Smoot-Hawley Tariff Bill. Sixth, That they economize to the core. Seventh, That they reenact the Underwood-Simmons Tariff Law, with minor changes.
Be it Further Resolved, that the Secretary of the Senate and the Clerk of the House of Representatives are herby authorized and directed to send a copy of this Resolution to each member of the House of Representatives from Georgia and to each of our Senators from Georgia.
The Committee on Rules submitted the following report, which was read and adopted:

Mr. President:
Your Committee on Rules establishes the following order of the business for today's session, immediately following the period of Unanimous Consents, to-wit:

SENATE BILLS

No. 210, Culpepper of 36th. Provide Administrator or

FRIDAY, MARCH 10, 1933.

1065

Executor May Execute Title Where Satisfied Condition of Bond of Intestate Has Been Satisfied.
No. 166, Fetzer of 1st. Exempt State Owned Property from Taxation.
No. 129, Lester of 18th. Highway Patrol.
No. 214, Lewis of 20th. Repeal 19th Amendment.
No. 233, Cail of 17th. Regulation of Primaries Requiring Each Candidate to Speak in Each Senatorial District.
No. 247, Lester of 18th. Provide for Recording of Fi. Fas. in Each County Taxes are Assessed Against Taxpayer for Clerk's Fees for Recording.
No. 253, Tuten and Others. Cotton Holiday.
No. 184, Hubbard of 31st. Borrowing Power of School Boards.
No. 217, Sims of 35th. Joint Trial of Defendants Jointly Indicted.
No. 219, Sims of 35th. Technical Amendments to Indictments.
No. 125, Key of 28th. Authorize Cities Maintain and Erect Public Works.
No. 68, Hubbard of 31st. School Tax Levy Amendment to Constitution.
No. 252, Culpepper of 36th. No Cotton 1934.
No. 254, Howard of 2nd. Authorize Payment of Pensions to Veterans Without Proof of Length of Service.
The foregoing bills to be taken up as they appear in their order in this calendar.
Your Committee makes the following recommendation for limitation of debate: Each proponent of a bill shall be

1066

JovRNAL OF THE SENATE,

limited to ten minutes; one selected opponent shall be limited to twenty minutes except where there is a minority report in which case the opponents shall have the same time as the proponent. Any Senator desiring to debate any question shall be limited to five minutes' time for debate. The Committee recommended that the Senate adjourn at one o'clock until two o'clock and remain in session from two o'clock until five o'clock today.
Respectfully submitted,
GEO. vV. FETZER, Vice-Chairman,
"\VM. M. LESTER, Secretary.

Mr. Haralson of the 40th District, Chairman of the Committee on Public Utilities, submitted the following report:
Jl.1r. President:
Your Committee on Public Utilities have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 437, as amended. Do pass.
House Bill No. 439. Do pass.
House Bill No. 127. Do pass.
HARALSON, Chairman.

Mrs. Moore of the 47th District, Chairman of the Committee on Public Library, submitted the following report:
Jl.1r. President: Your Committee on Public Library have had under con-
sideration the following Resolution and have instructed me

FRIDAY, MARCH 10, 1933.

1067

as Chairman, to report the same back to the Senate with the recommendation that:
Senate Resolution No. 99. Do pass.
Mr. Morris of the 39th District, Chairman of the Committee on University of Georgia and Branches, submitted the following report :

Mr. President:
Your Committee on University of Ga. and Branches have had under consideration the following House Bill No. 447, and hav.e instructed me as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 447. Do pass.
MORRIS OF 39TH, Chairman.
Mr. H. A. Carithers of the 27th District, Chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
Your Committee on State of Republic have had under consideration the following Bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 766. Do pass.
House Bill No. 13 5. Do pass.
Mr. Hubbard of the 31st District, Chairman of the Committee on Education and Public Schools, submitted the following report:

Mr. President:
Your Committee on Education and Public Schools have had under consideration the following Bill of the Senate

1068

JouRNAL OF THE SENATE,

and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 251. By Sims of 31st District, do pass.
Mr. J. C. Lewis of the 20th District, Chairman of the
Committee on General Judiciary No. 1, submitted the following report :

lvfr. President:
Your Committee on General Judiciary No. 1 have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 11 7. Do pass.
House Bill No. 121. Do pass.
House Bill No. 251. Do not pass.

Mr. Sims of the 35th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:
Your Committee on Appropriations have had under consideration the following Bills and Resolutions of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 457, to be entitled an Act to fix fiscal year, do pass.
House Resolution No. 93-447-a. Do pass.
SIMS, Chairman.

Mr. Howard of the Second District, Chairman of the Committee on Municipal Government, submitted the following report :

FRIDAY, MARCH 10, 1933.

1069

Mr. President:
Your Committee on Municipal Government have had under consideration the following Bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 681. By Settle of Butts, do pass.
House Bill No. 74 2. By Eckford and Hartsfield of Fulton, do pass.
House Bill No. 571. By Hudgins of DeKalb, do pass.
House Bill No. 740. By Eckford and Hartsfield of Fulton, do pass.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report :

11-fr. President:
Your Committee on Counties and County Matters have had under consideration the following Bills of the House and of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the recommendation.that:
Senate Bill No. 255. By Mr. Rivers of the 15th, do pass.
House Bill No. 737. By Mr. Clements of Wheeler, do pass.
House Bill No. 744. By Mr. Melton of Early, do pass.
House Bill No. 192. By Mr. Brown of Glynn, do not pass.
House Bill No. 193. By Mr. Brown of Glynn, do not pass.

1070

JOURNAL OF THE SENATE,

House Bill No. 195. By Mr. Brown of Glynn, do not pass.
House Bill No. 197. By Mr. Brown of Glynn, do not pass.
House Bill No. 739. By Mr. Lee of Pulaski, do not pass.
House Bill No. 738. By Mr. Lee of Pulaski, do not pass.
House Bill No. 747. By Mr. Freeman of Monroe, do pass.

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. 140. Respectfully submitted, G. C. ALSTON, Chairman.
l'vlr. President:
Your Committee on Engrossing has read and approved the following Senate Bills, Nos. 212, 238, 243, 245, 246, 248, 196, 231, 237, 204, 166, 210, 205, and report the same back as being ready for transmission to the House.
Respectfully submitted,
W. F. ANDREWS, Chairman.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

!vfr. President:
The House has passed by the requ!Slte Constitutional majority the following Bills of the House, to-wit:

FRIDAY, MARCH 10, 1933.

1071

By Mr. Stokes of Twiggs-
Hause Bill No. 277. A bill to alter, amend, and revise the several Acts relating to the acceptance, creating, maintenance, management and governing of the Confederate Soldiers' Home of Georgia, and for other purposes.

By Mr. Chappell of Sumter-
House Bill No. 300. A bill to amend Section 813 of the Penal Code of 191 0" providing for the appointment of the members of the Board of Jury Commissioners of the several counties of the State, to fix the manner of their appointment, their qualification, their term of office, and for other purposes.

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 340. A bill to provide for the payment of a salary in lieu of fees to Clerks of the Superior Court of counties in this State having a certain population, and for other purposes.

By Messrs. Barker of Heard, Kimbrough of Harris and others-
House Bill No. 51 5. A bill to prohibit the purchase,
sale, barter, exchange or delivery of seed cotton in the State of Georgia between July 15th and March 1st, without the written consent from the owner of the land whereon said cotton is produced, or his agent, and for other purposes.

By Messrs. Batchelor of Putnam, Burson of Barrow, Cle. ments of Wheeler and others-
House Bill No. 594. A bill to reorganize and reconstitute the State Highway Board of Georgia, to provide for a Board to consist of seven members; to transfer all pow-. ers of present Board to the new Board, and for other purposes.

1072

JouR~AL OF THE SENATE,

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 729. A bill to amend an Act approved August 7, 1931, entitled an Act to Create the City Court 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 passed by the reqmstte Constitutional majority the following Bills of the House, to-wit:

By Mr. Burton of Franklin-
House Bill 749. A bill to amend that certain Act adopted and approved March 1, 1933, and entitled an Act to enable the Highway Department to carry into effect the Constitutional amendment providing for the repayment to counties of indebtedness due them, and for other purposes.

By Mr. Parramore of Bleckley-
House Bill No. 753. A bill to fix the amount of Bond
for the Sheriff of Bleckley County, and for other purposes.

By Mr. Comas of Appling-
House Bill No. 755. A bill to prohibit the hunting of
quail and turkey during the hunting season only on specified days in Appling County, and for other purposes.

By Mr. Barrett of White-
House Bill No. 764. A bill to repeal an Act entitled "an Act to create a Board of Commissioners of Roads and Revenues of White County, to prescribe their duties, and for other purposes"; approved August the 15th, 1929, and the Acts amendatory thereof, and for other purposes.

FRIDAY, MARCH 10, 1933.

1073

By Mr. Barrett of White-
House Bill No. 765. A bill to create a Board of County Commissioners of Roads and Revenues for the County of White, to provide for the election and creation of said Board, and for other purposes.
By Messrs. Goodwin and Scruggs of Washington-
House Bill No. 767. A bill to amend an Act entitled an Act to incorporate the Town of Deepstep, so as to change the boundaries of said town and fix the point of center 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 requisite Constitutional majority the following Bills of the House, to-wit:

By Messrs. Sutton and Parker of Colquitt-
House Bill No. 782. A bill to abolish the Board of Commissioners of Roads and Revenues of Colquitt County, Georgia, to repeal all Acts creative thereof, and for other purposes.

By Mr. Boyd of Greene-
House Bill No. 793. A bill to fix the amount of the bond of the Sheriff of Greene County, and for other purposes.

By Mr. Comas of Appling-
House Bill No. 801. A bill to amend an Act approved July 29, 1915, creating a Board of Commissioners for Appling County, and for other purposes.

1074

JouR~AL OF THE SE~ATE,

By Mr. Almand of Walton-
House Bill No. 130. A bill to amend the Embalming Act, 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 to the following Bill of the House, to-wit:

By Mr. Lee of Pulaski-
House Bill No. 580. A bill to abolish the fee system now existing in the Oconee Circuit, and for other purposes.
The following Bills of the House, favorably reported by the Committees, were read the second time:

By Mr. Eckford of Fulton-
House Bill No. 117. A bill to amend the Code of Georgia of 1910, by adding to Section 5265 of Article 1, Chapter 11 of the Second Title, and for other purposes.

By Mr. Pound of Hancock-
House Bill No. 121. A bill to convey the title to all real estate and the improvements heretofore owned by the Trustees of 1Oth Congressional District Agricultural and Industrial School to Hancock County, and for other purposes.

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 127. A bill to provide a period of limitation for the collection of charges on intrastate shipments due common carriers operating in this State, and for other purposes.

FRIDAY, MARCH 10, 1933.

1075

By Messrs. Hartsfield of Fulton, Davis of Troup and Freeman of Monroe-
House Bill No. 437. A bill providing for lawfulness of flight, uniformity with Federal laws regulating aviation, and for other purposes.
By Mr. Hudgins of DeKalb-
House Bill No. 571. A bill to create a new charter for the City of Chamblee in DeKalb County, and for other purposes.
By Mr. Settle of Butts-
House Bill No. 681. A bill to amend the charter of the City of Jackson, Butts County, Georgia, and all amendments thereto, and for other purposes.
By Mr. Clements of vVheeler-
House Bill No. 73 7. A bill to reduce the bond of the Sheriff of 'Vheeler County, Georgia, from the amount of $10,000.00 to $5,000.00 and for other purposes.
By Messrs. Hartsfield of Fulton and Davis of Troup and others-
House Bill No. 43 9. A bill providing for .the acquisition, construction and operation of airports, and for other purposes.
By Messrs. Eckford and Hartsfield of Fulton-
House Bill No. 740. A bill to authorize the Mayor and Council of the City of Fairburn to close Smith Street, in said City of Fairburn, and for other purposes.

By Messrs. Eckford and Hartsfield o{ Fulton-
House Bill No. 742. A bill to amend the Acts incorporating the City of Fairburn.

1076

]Ol'R~AL OF THE SE::-<ATE,

By Mr. Melton of Early-
House Bill No. 744. A bill to amend the Acts relating to the salary of the Treasurer of Early County.

By Mr. Freeman of Monroe-
House Bill No. 74 7. A bill to amend the Act fixing the bond of the sheriff of Monroe County.
The following Resolution of the Senate, favorably reported by the Committee, was read the second time:

By Senator Hutcheson of the 44th District-
Senate Resolution No. 99. A resolution that copies of the Code be furnished certain Justices of the Peace.
The following Bill of the Senate, favorably reported by the Committee, was read the second time:

By Senator Rivers of the 15th District-

Senate Bill No. 225. A bill to amend the Act creating the offices of Tax Collector, Tax Receiver and County Treasurer of Wheeler County.

Senator Lewis of the 20th District moved that the report of the Committee, which was adverse to the passage of House Bill No. 251, a bill to regulate Life Insurance Companies, be disagreed to.

The ayes and nays were called and the call was sustained and the roll was called and the vote was as follows:

Those voting affirmative were Senators:

Alston Andrews Baggett Campbell Carithers Cason Cloud

Conner Culpepper Fetzer Fudge Goldin Groover Haralson

Hogg Key Lester Lewis Lovett Moore Morris of the 5th

FRIDAY, MARCH 10, 1933.

1077

Nelson Oliver Sims

Sparks Tate

Turner Weaver

Those voting negative were Senators:

Boyd !roykin Dean Dorminy Howard of the 24th

Hubbard Hutcheson Jackson Paschall

Pottle Rivers Sisk Terrell

The ayes were 28 and the nays were 13 and the motion prevailed.

Senator Sims of the 35th District moved that the report of the Committee, which was adverse to the passage of Senate Bill No. 15, a bill to regulate the lien of mortgage and other like instruments, be disagreed to. The motion was lost.

Senator Sisk of the 30th District moved that the report of the Committee, which was adverse to the passage of Senate Bill No. 17, a Bill to establish an insurance Bureau, be disagreed to.

.The call for the ayes and nays was sustained and the roll was called and the vote was as follows:

Those voting affirmative were Senators:

Alston Andrews Boyd Dean

Goldin Howard of the 24th Jackson Knox

Moore Rivers Sisk

Those voting negative were Senators:

Baggett Carithers Cason Cloud Conner Culpepper Dorminy Fetzer

Fudge Groover Haralson Hogg Howard of the 2nd Hutcheson Key Lester

Lewis Lovett Morris of the 39th Morris of the 5th Nelson Paschall Pottle Sims

1078

JouR:-.<AL OF THE SENATE,

Sparks Tate

Terrell Turner

Weaver

The ayes were 11, nays 29, and the motion was lost.

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

By Mr. Palmour of Hall:
House Resolution No. 167-741 a. A resolution authorizing and directing the State Librarian to furnish to the Law Library of the County of Hall certain missing Volumes.
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,
nays 0. The resolution having received the requisite Constitu-
tional majority, was passed.
By Mr. Mundy of Polk-
House Resolution No. 93-447a. A resolution to provide for the funding of ninety-one thousand dollars of the debt of the State to the Land Script Fund of the University 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 38, nays b.
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 Mr. Melton of Early-
House Bill No. 705. A bill to create a Board of Roads

FRIDAY, MARCH 10, 1933.

1079

and Revenues of Early County.
Senator Sparks of the 9th District moved to amend as follows: "By striking from the end of Section 8 the following words: 'Provided however that the Chairman of said Board of County Commissioners shall be further paid the sum of five dollars for each day in which he is actually engaged in the transaction of the business of the County, other than the days upon which said Board holds its regular meetings, said payment to be made upon the approval of said Board, as other County bills are paid.' "
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, nays 0.
The bill as amended, having received the requisite Con- stitutional majority was passed.

By Messrs. Hill and Peters of Meriwether-
Hoose Bill No. 754. A bill to amend the Acts creating a Board of Commissioners of Meriwether County. The Committee moved to amend as follows: "By adding after the words Sixty ( $60.00) dollars per month in Section 2, the following words: 'Provided that said Board of Commissioners may reduce said compensation at any time that said Board sees fit to do so.' "
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 45, nays 0.

1080

JouRNAL oF THE SENATE,

The bill as amended, having received the requisite Constitutional majority, was passed.

By Mr. Rogers of Wayne-
House Bill No. 312. A bill to amend an Act fixing the manner of payment of the salary of the Solicitor-General of the Brunswick 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 34, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 423. A bill to provide for the nomination and election of members of the General Assembly in all counties having more than one representative and a population of not less than 30,620 and not more than 30,624 according to the Federal Census of 1930.
The report of the Committee which was favorable to the passage of the bill was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Myrick and Kennedy of Chatham-
House Bill No. 486. A bill to repeal all laws and sections relating to Pilotage and Pilotage Commissions.
The report 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.

FRIDAY, MARCH 10, 1933.

1081

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

By Messrs. Lanier, Harris and Cartledge of Richmond-
House Bill No. 569. A bill to exempt Richmond County from Act of 19~5, relating to reaf estate brokers and salesmen.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Daughtry of Wilkinson-
House Bill No. 651. A bill to repeal an Act 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 33, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Trapnell of Candler-
House Bill No. 65 6. A bill to amend an Act to establish the City Court of Metter.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 3 7, nays 0.
The bill having received the requisite Constitutional majority, was passed.

1082

JOURNAL OF THE SENATE,

By Messrs. Eckford and Hartsfield of Fulton-
House Bill No. 663. 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Messrs. Martin and Allen of Jackson-
House Bill No. 677. A bill to vest in the tax-collectors of the State of Georgia in all counties thereof having a certain population all 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 33, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Mr. Wilson of Murray-
House Bill No. 679. A bill to consolidate and abolish the offices of Tax Receiver and Tax Collector of Murray County, and to create in lieu thereof the office of Tax Commisstoner.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill, having received the requisite Constitutional majority, was passed.
By Messrs. Hand and D~vis of Mitchell-
House Bill No. 688. A bill to amend an Act creating

FRIDAY, MARCH 10, 1933.

1083

the City Court of Camilla, and all acts amendatory, so as to provide for fixing and paying the salary of the Judge and Solicitor.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill having received the requisite constitutional majority, was passed.

By Messrs. Bean and Dorsett of Carroll-
House Bill No. 692. A bill to repeal paragraph 2 of Section 1 of an Act to amend an Act to establish a system of public schools for 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 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Johnson of Seminole-
House Bill No. 701. A bill to amend an Act to establish a Board of Commissioners of Roads and Revenues for the County of Seminole, etc., to change the manner in which the Board of Commissioners of Seminole County shall be elected.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.

1084

JouRNAL OF THE SENATE,

By Mr. Melton of Early-
House Bill No. 707. A bill to amend an Act entitled an Act to create and incorporate the City of Blakely.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Mr. Williams of McintoshHouse Bill No. 715. A bill to amend an Act establish-
ing the City Court of Darien, Mcintosh County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Chappell and Stukes of Sumter-
House Bill No. 717. A bill to amend the Acts creating a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Daughtry of Wilkinson.
House Bill No. 718. A bill to create a County Court for the County of Wilkinson.

FRIDAY, MARCH 10, 1933.

1085

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 43, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Pope of Toombs-
Hause Bill No. 732. A bill to amend the Acts creating the City Court of Lyons.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 37, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Melton of Early-
House Bill No. 73 5. A bill to amend the Act of 1906, creating the City Court of Blakely, and the acts amendatory thereof, so as to reduce the salary of the Judge of said 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 35, 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. Bennett and Westbrook of Dougherty-
House Bill No. 145. A bill to propose to the qualified voters of the State of Georgia an amendment to paragraph

1086

JOURNAL OF THE SENATE,

2a of Section 1, of Article 11, of the Constitution of the State of Georgia, and for other purposes, as 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 2a of Section 1 of Article 11 of the Constitution of the State of Georgia, so as to make applicable to Dougherty County and the territory now or hereafter embraced therein, the provisions of said paragraph, except that provision thereof reading as follows: "nor shall it be construed to authorize the General Assembly to abolish the offices of Clerk of the Superior Court, Ordinary, Sheriff, or Coroner in any of the counties affected by this Act, said offices being expressly hereby preserved, "-and in lieu of said excepted provision thus quoted, to authorize the General Assembly to provide for the abolition of said offices, and all other offices, boards, commissions, and courts, now existing in the County of Dougherty, and to create new offices, boards, commissions, and courts in lieu thereof and to vest in them the powers, duties, and rights and liabilities of said offices, boards, commissions and courts thus abolished; and also to authorize the General Assembly to delegate to the authorities handling the fiscal affairs of said County of Dougherty, full power and authority to abolish all offices, boards, and commissions, and to create in lieu thereof new offices, boards. and commissions to be vested with all the duties and powers of said offices, boards, and commissions thus abolished; and to provide that notwithstanding said proposed amendment or any action thereunder, said County of Dougherty and each of the other counties to which said Paragraph 2a shall apply shall still remain a county, within the meaning of the Constitution and Laws with reference to the levying of taxes, and all other matters where the provisions of such Constitution and Laws do

FRIDAY, MARCH 10, 1933.

1087

not conflict with this amendment, or the statutes passed pursuant thereto, and the urban district now or hereafter embraced in, or corresponding to, the City of Albany, located in said county, and each urban District now or hereafter embraced in or corresponding to, any city in which may be located the sitting of any City Court, in any county to which said Paragraph 2a shall apply shall still remain a City within the meaning of the provisions of Paragraph 9, Section 2, Article 6, of the Constitution with reference to the City Courts of Atlanta and Savannah and other like Courts, and also within the meaning of the Constitution and laws with reference to all other matters, wh~re the provisions of such Constitution and laws do not conflict with this amendment or the statutes passed pursuant thereto; provided that this special amendment to the Constitution shall not become effective, if, at the same general election in which this special amendment is submitted to the qualified voters of the State of Georgia, a general amendment to the Constitution of Georgia shall be adopted by the qualified voters of the State of Georgia, authorizing all that is authorized by this amendment; provided that so far as concern said County of Dougherty, the following quoted clauses at the end of said Paragraph 2a of said Section 1 of Article 11 of the Constitution, shall not be of force, to-wit: "Voting at a special election in said county, to be held not earlier than .sixty days after the final passage and approval by the Governor of such Act; provided, however, that the people within the corporate limits of the municipalities affected, and the people of the county affected outside the corporate limits, shall vote separately; and before the Act shall go into effect a majority of those voting in the municipalities separately, if more than one municipality is affected, and a majority of those voting outside of said municipality or municipalities, shall vote in favor of said Act,"-and so far as concerns the said County of Dougherty the following quoted clause shall

1088

JouRNAL oF THE SENATE,

be of force, in lieu of said last quoted clause, to-wit: "of said county, voting at an election in such county, to be held not earlier than sixty days after the final passage and approval by the Governor of any such Act, 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 2a of Section 1, of Article 11 of the Constitution of the State of Georiga be and the same is hereby amended, by adding at the end thereof the following: "In addition to the territories above mentioned in which this Paragraph 2a of the Constitution is applicable, the provisions of said Paragraph 2a are also hereby made applicable to Dougherty County, and the territory now or hereafter embraced therein, except the provision thereof reading as follows: 'nor shall it be construed to authorize the General Assembly to abolish the offices of Clerk of the Superior Court, Ordinary, Sheriff, or Coroner in any of the counties affected by this Act, said offices being expressly hereby preserved,' "-and the General Assembly is hereby authorized to provide for the abolition of said offices, and all other offices, boards, commissions and courts, now existing in said county of Dougherty, and to create new offices, boards, commissions and courts, in lieu thereof, in said county, vesting in them the powers, duties, and rights and liabilities of said offices, boards, commissions and courts in Dougherty County thus abolished; and said General Assembly is also authorized to delegate to the authorities handling the fiscal affairs of said County of Dougherty full power and authority to abolish all offices, boards, and commissions, and to create in lieu thereof in said county, new offices, boards, and commissions, to be vested with all of the duties and powers of said offices, boards and commissions thus abolished. Notwithstanding any action taken under this paragraph, said County of Dougherty and each of the other counties to which said Paragraph 2a shall

FRIDAY, MARCH 10, 1933.

1089

apply, shall still remain a county, within the meaning of the Constitution and laws with reference to the levying of taxes,. and as to all other matters not in conflict with this paragraph, or the statutes passed pursuant thereto, and the urban district now or hereafter embraced in, or corresponding to, the City of Albany located in said county of Dougherty and each urban District now or hereafter embraced in, or corresponding to, any city in which may be located the sitting of any City Court, in any county to which said Paragraph 2a shall apply, shall still remain a city within the meaning of the provisions of Paragraph 9, Section 2, Article 6 of the Constitution, with reference to the City Courts of Atlanta and Savannah and other like courts, and also within the meaning of the Constitution and.laws with reference to all other matters, where the provisions of such Constitution and laws do not conflict with the provisions of this paragraph, or the statutes passed pursuant thereto.
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 of the newspapers in each Congressional District in this State for two months previous to the time of 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 the Amendment to Paragraph 2a of Section 1, of Article 11 of the Constitution, making applicable to Dougherty County the provisions of said Act with two exceptions," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words "Against Ratification of the Amendment to Paragraph 2a of Section 1 of Article 11 of the Constitution, making applicable to Dougherty County the provisions of

1090

JouR:'\'AL OF THE SEXATE,

said Act with two exceptions," 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 returns shall be consolidated as now required by law in elections for members of the General Assembly, and returns thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified.
Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed; provided, that this special amendment to the Constitution shall not become effective if, at the same general election in which this special amendment is submitted to the qualified voters of the State of Georgia, a general amendment to the Constitution of Georgia shall be adopted by the qualified voters of the State of Georgia, authorizing all that is authorized by this amendment.

The report of the committee, which was favorableto 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:

Andrews Baggett Boyd Boykin Cail Carithers Cason Cloud Conner Culpepper

Dean Fetzer Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson

Key Lester Lovett Moore Morris of the 39th Morris of the 5th Nelson Oliver Rivers Sims

FRIDAY, MARCH 10, 1933.

1091

Sparks Tate

Terrell Turner

Tuten Weaver

The ayes were 36, nays 0.

The bill having received the requisite two-thirds Constitutional majority, was passed.

By Mr. Goolsby of Jasper-
House Bill No. 565. A bill to abolish the office of
County Treasurer of Jasper County, Georgia, and for other purposes.
Senator Key of the 28th District offered the following amendment:
To amend House Bill No. 565 by striking Section 4 of
said bill in its entirety and substituting in lieu thereof the following as Section 4:
"Section 4. Be it further enacted by the authority aforesaid, that no bank or banks shall be allowed to act as such depository and disbursing agent until it shall have given bond, payable -to said Commissioners, with some surety company authorized to do business in this State as surety thereon, to be by said Commissioners approved, and to be conditioned for the faithful performance of all the duties pertaining to said appointment, and in a sum which, in the judgment of said Commissioners, would be ample to protect said county for the county funds that will probably be deposited with such bank or depository for the ensuing twelve months from the date of the bond, and said bond may be increased or diminished to comply with the provisions of this Act; but the amount of said bond shall in no event be less than the maximum deposit of said county. The property of such bank or depository as well as the security or securities on such bond shall be bound from the time of the execution thereof, for the payment of any and all liability arising from the breach of said bond. It shall be

1092

JoGRXAL oF THE SENATE,

within the power of said Commissioners to call upon said bank to strengthen said bond, or to give a new bond, at any time, and in default of the same being done, to revoke the appointment of such bank as depository and disbursing agent. Provided, that said Board of Commissioners of Roads and Revenues of Jasper County shall be authorized, in their discretion, to permit said depository and disbursing agent to deposit with said Board of Commissioners, in lieu of security on said bond, collateral in the form of obligations of the State and Federal Governments, any county or municipality of the State, or other solvent collateral, the property of such depository and disbursing agent, as said Commissioners may deem sufficient to insure performance by such depository and disbursing agent of the duties imposed upon it by this Act; but said depository and disbursing agent shall, however, in no event be relieved of the duty of its making and executing the bond required by this Act, but said Commissioners are authorized to permit the deposit of such collateral in lieu of a surety on said bond only. The said collateral shall be deposited with the County Board of Commissioners and shall be kept by them in some safe, vault, or other place of safety."

Further amend House Bill No. 565 by amending Sec-
tion 15 of said bill by adding the words "State Primary" after the word "regular" in the third line of said section so that said section, when so amended, shall read as follows:

"Section 15. Be it further enacted by the authority afore-



said, that before the provisions of this Act shall go into

effect the same shall be ratified at an election to be held

at the same time and place of the regular state primary

election of State House officers in the year 1934, namely, on the ______________________________, 1934, notice of which election

shall be published in the Monticello News for the space

of thirty (30) days prior to said election, by a majority of

the qualified voters of Jasper County, Georgia, who vote as

herein provided. The ballot furnished the voter in this

FRIDAY, MARCH 10, 1933.

1093

referendum shall have printed thereon the following: 'For abolishing the office of County Treasurer,' and 'Against abolishing the office of County Treasurer.' The ballots in said election shall be turned over to the Ordinary of J asper County, and the result of said election be declared by him."
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, nays 0.
The bill, as amended, having received the requisite Constitutional majority, was passed.

By Mr. Goolsby of Jasper-
House Bill No. 564. A bill to consolidate the offices of Tax Collector and Tax Receiver, and to create the office of County Tax Commissioner of Jasper County, Georgia, and for other purposes.
Senator Key of the 28th District offered the following substitute:

A BILL
To be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Jasper County, Georgia; to create the office of County Tax Commissioner of Jasper County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to Tax Receiver and Tax Collector, when the provisions of this Act become effective, shall be of full force and effect as to the County Tax Commissioner of Jasper County, Georgia, 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 fi. fas. theretofore

1094

jOURNAL OF THE SENATE,

issued shall have full force and effect and be collectible as issued, by the County Tax Commissioner; to provide that all fees and commissions and other compensation that would be paid to the Tax Receiver were it not for the provisions of this Act, shall be collected by the County Tax Commissioner herein provided for, and by him paid to the Treasurer of Jasper County or to the depository designated by the Commissioners of Roads and Revenues as the depository for county funds; to provide that the fees, commissions and other compensation now allowed by the general law to be paid to Tax Collectors shall be paid to the Tax Commissioner as compensation; to provide for the election of said County Tax Commissioner, and the method of filling vacancies; to provide for the giving of bonds by said officer; to provide for the oath to be made by said officer; to provide for putting into effect Article Eleven ( 11), Section Three (3), Paragraph One ( 1), of the Constitution of this State, as amended and ratified in 1924; to provide for the reports to be made by said officer to the State of Georgia, and the reports to be made to the Board of Commissioners of Roads and Revenues of Jasper County, Georgia; to provide for referendum for the ratification of this Act; and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that in accordance with and by authority of an amendment to the Constitution of the State of Georgia, approved August 18th, 1924, and ratified at the general election of 1924, the offices and duties of the Tax Receiver and of the Tax Collector of Jasper County, Georgia, shall on and after the 31st day of December, 1934, be, and they are, hereby consolidated into one office to be known as County Tax Commissioner of Jasper County, Georgia.
Sec. 2. Be it further enacted by the authority aforesaid, that the office of County Tax Commissioner of Jasper

FRIDAY, MARCH 10, 1933.

1095

County, Georgia, is hereby created and the rights, duties and liabilities of the office of County Tax Commissioner of Jasper County, Georgia, shall be the same as the rights, duties and liabilities of the Tax Receiver and the Tax Collector's offices of said county as heretofore existing, and all laws applicable to the offices of Tax Collector and Tax Receiver shall apply to the office of County Tax Commissioner of Jasper County, Georgia, so far as the same are applicable and not inconsistent with the provisions of this Act.
Sec. 2-a. Be it further enacted by the authority aforesaid, that a County Tax Commissioner for Jasper County, Georgia, shall be elected at the general election to be held in said county in the year 1934, for the election of State and county officers, and the County Tax Commissioner thus elected shall hold office for the remainder of the present term, that is to say, on January 1, 1935, and his said term expiring on December 31, 1936. That the term of office thereafter shall be for four years, as provided in Section 3 hereinafter.
Sec. 3. Be it further enacted by the authority aforesaid, that the County Tax Commissioner of Jasper County, Georgia, shall hold office for a term of four years, beginning on January 1, 193 7, and shall be elected at the general election to be held in said county in the year 1936 for the election of State and county officers, and at the general election every four years thereafter at the same time and place and under the same rules and regulations prescribed by law for the election of the Clerk of the Superior Court and other county officers.
Sec. 4. Be it further enacted by the authority aforesaid, that before entering upon the discharge of the duties of this office, either as appointee or elected in accordance with the terms of this Act, the County Tax Commissioner shall take and subscribe to the oath now required by Tax Collectors.

1096

JoeRNAL oF THE SE~ATE,

Sec. 5. Be it further enacted by the authority afore-
said, that the County Tax Commissioner of Jasper County, Georgia, whether by election or appointment, at the time of entering upon the duties of said office, shall give good and solvent bonds with security as follows:

(a) A bond and security payable to His Excellency, the Governor of Georgia, and his successors in office, in a sum equal to one-half of the estimated State taxes to be due from Jasper County for the period for which said officer is required to give bond, which shall be filled in by the Comptroller-General of Georgia before being sent out for execution from the Executive Office and to be conditioned as bonds of Tax Collectors for State taxes are now conditioned and approved as required of Tax Collector's bonds.

(b) A bond and security payable to the Ordinary of Jasper County, Georgia, and his successors in office, conditioned for the faithful performance of his duties as such County Tax Commissioner in a sum to be fixed by the Board of Commissioners of Jasper County, Georgia, which shall not be less than one-half the amount of County taxes estimated by the Board of Commissioners of Roads and Revenues of Jasper County, Georgia, that will be due for the term for which said bond is fixed, and shall be secured by a reliable surety company acceptable to the County Commissioners and approved by them and the Ordinary of Jasper County, Georgia, and shall be filed and recorded in the office of the Ordinary of Jasper County, Georgia.
(c) If said County Tax Commissioner, whether elected or appointed, shall fail or neglect to give and file said bonds, as hereinabove required, within ten ( 10) days from the time of the beginning of the discharge of the duties of this office the Board of Commissioners of Roads and Revenues of Jasper County, Georgia, shall declare a vacancy in this office, which vacancy shall be filled in the manner provided for the filling of vacancies by the terms of this Act.

FRIDAY, MARCH 10, 1933.

1097

Sec. 6. Be it further enacted by the authority aforesaid, that all fees, commissions, penalties, costs and all other compensation allowed and paid by the State and/or county to the Tax Receiver of Jasper County, Georgia, at the time this Act becomes effective, or that might be allowed to such officer thereafter, were it not for the provisions of this Act, shall be collected by the said County Tax Commissioner and by him paid to the Treasurer of Jasper County, Georgia, or the designated depository of said county, for the funds of said county and shall become general funds of said county.
Sec. 7. Be it further enacted by the authority aforesaid, that the said Tax Commissioner of Jasper County shall receive as compensation for his services the same fees, commissions and compensation now provided by the general law of this State to be paid to the Tax Collectors of this State, or which may be hereafter provided by law to be paid to Tax Collectors of this State. Said compensation shall be paid as Tax Collectors in this State are paid.
Sec. 8. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued and uncollected by the Tax Collector of Jasper County, Georgia, shall have full force and effect and be collectible as issued by said County Tax CommisSIOner.
Sec. 9. Be it further enacted by the authority aforesaid, that it is the purpose and intent of this Act to put into effect in Jasper County the provisions of Article 11, Section 3, Paragraph 1 of the Constitution of this State, authorizing the consolidation of the office of Tax Receiver and Tax Collector, and to provide that all compensation, fees, commissions and forfeitures under existing laws, or as may be hereafter provided, as compensation for the services of Tax Receivers, shall become the general funds of Jasper County, Georgia, and be paid to the County Trea~urer, or

1098

JocRNAL OF THE SENATE,

designated depository; and to provide that the compensation, fees, commissions and forfeitures under existing laws, or as may be hereafter provided as compensation for the services of Tax Collectors, shall be paid to the said Tax Commissioner as his compensation or salary.
Section 10. Be it further enacted by the authority aforesaid, that if a vacancy for any cause occurs in said office of County Tax Commissioner it shall be filled in the following manner:
(a) If a vacancy occurs within six months prior to the expiration of the existing term the Board of Commissioners of Roads and Revenue of Jasper County, Georgia, shall by a majority vote appoint some qualified person to discharge the duties of the office of County Tax Commissioner for said County of Jasper for the remainder of said term, who shall execute the oath and bond prescribed by the terms of this Act; and said appointee shall receive as his compensation the pro rata part of the salary of said officer for the time so filled by him.
(b) Should a vacancy occur prior to six months of the expiration of the existing term the Board of Commissioners of Roads and Revenue of Jasper County, Georgia, shall by a majority vote appoint some qualified person to discharge the duties of said office until a County Tax Commissioner is elected at a special election called to fill said vacancy, and advise the Ordinary of said vacancy, who shall call a special election, to fill said vacancy for the remainder of said term, which special election shall be held no earlier than twenty ( 20) days after notice so given to the said Ordinary and not later than forty ( 40) days after said vacancy occurs, the Ordinary shall give ten ( 10) days' notice of the date of said election by publication in the legal gazette of Jasper County, Georgia, and by posting a notice on the bulletin board in the County Court House of Jasper County, Georgia; and the person so elected shall make oath and give bond as required of regularly elected County Tax Com-

FRIDAY, MARCH 10, 1933.

1099

missioners of Jasper County, Georgia, and shall receive the pro rata part of the salary for the remainder of said year for which the salary had been fixed and shall perform the duties of said office for said unexpired term; and the returns of said election shall be made to the Governor who shall commission the person receiving a majority of the qualified legal votes cast in said election.
(c) Should there be more than two candidates and neither receiving a majority of the legal votes cast the Ordinary shall call another election or elections to fill said vacancy until a majority is obtained.
Section 11. Be it further enacted by the authority aforesaid, that each section of this Act and each part thereof is hereby declared to be independent sections and parts of sections, and the holding of any section or any part Of a section to be void or ineffective for any cause shall not affect any other section of this Act or part of a section.
Section 12. Be it further enacted by the authority aforesaid, that before this Act shall go into effect the same shall be ratified at an electioq to be held at the same time and place of the regular primary election of State House officers in the year 1934, namely, on the _____________________________, 1934, notice of which election shall be published in the Monticello News for the space of thirty ( 30) days prior to said election, by a majority of the qualified voters of Jasper County, Georgia, who vote as hereinafter provided. The ballot furnished the voter in this referendum shall have printed thereon the following: "For consolidating offices of Tax Receiver and Tax Collector, and creating office of Tax Commissioner," and "Against consolidating offices of Tax Receiver and Tax Collector, and creating office of Tax Commissioner." The ballots in said election shall be turned over to the Ordinary of Jasper County, and the result of said election be declared by him.
Section 13. Be it further enacted by the authority afore-

1100

JocR~AL OF THE SENATE,

said, that all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 38, nays 0.
The bill, by substitute, having received the requisite Constitutional majority, was passed.

By Messrs. Sumner and Tipton of Worth-
House Bill No. 526. A bill to amend the Act entitled
"an Act to establish a City Court in the City of Sylvester, County of \Vorth, and for other purposes."
Senator Pottle of the 1Oth District moved to amend House Bill No. 526, as follows:
By striking Section 7 of the said bill in its entirety and substituting in lieu thereof the following:
"Section 7. That Section 14 of the said original Act be, and the same is, hereby repealed and stricken in its entirety, and the following section enacted and substituted in lieu thereof, to-wit:
"Section 14. Be it further enacted by the authority aforesaid, that the clerk of the said City Court of Sylvester shall be entitled to charge and collect fees for services rendered after the passage and approval of this Act at and in ac-
cordance with the schedule of fees as fixed by Section 5995
of the Civil Code of Georgia of 1910, fixing fees of clerks of the Superior Courts, and other laws enacted by the General Assembly of Georgia prior to the year 1920, prescribing fees and compensations of the clerks of the Superior Courts and the schedule of fees as existing prior to the

FRIDAY, MARCH 10, 1933.

1101

year 1920, as to the clerks of the Superior Courts shall be and is, hereby fixed as the schedule of fees for the clerk of said City Court, except only as charged and modified by this Act. Provided, that as to all cases filed after the passage and approval of this Act it shall not be the duty of the clerk of the said City Court to record the pleadings or record, or any part or parts thereof, in any case, on what is known and designated as the final record, except only in such cases as the Judge of the court may order same to be done, and in such instances the clerk shall be entitled to fifteen cents per one hundred words for the service.
"The clerk of this court shall have and exercise all of the rights and remedies as now prescribed, or that may be hereafter prescribed by law, applicable to the clerks of the Superior Courts of the State to enforce the collection of his costs.
"It shall be the duty of the clerk to prepare a schedule of the fees he is entitled to charge hereunder, giving the items and amounts, and post same at a conspicuous place in his office."
And by striking Section 8 of this bill now pending in its entirety and substituting in lieu thereof the following:
"Section 8. That Section 15 of the said original Act be, and the same is, hereby repealed and stricken in its entirety, and the following section enacted and substituted in lieu thereof, to-wit:
"Section 15. Be it further enacted by the authority aforesaid, that the sheriff of the said City Court of Sylvester shall be entitled to charge and collect the same fees as were fixed and prescribed by law in Section 5997 of the Civil Code of Georgia of 1910, fixing fees of sheriffs and their deputies, and other laws enacted prior to the year 1918, and schedule of fees fixed by laws enacted prior to the year 1918 for sheriffs and their deputies being hereby fixed as the schedule of fees for the services rendered by

1102

jOURNAL OF THE SENATE,

the sheriff of this court after the passage and approval of this Act, except only as otherwise fixed by this Act.

"The sheriff of this court shall have and exercise the same rights and remedies as now provided, or that may be hereafter prescribed, by law applicable to the sheriffs of the Superior Courts of the State to enforce the collection of his costs.

"It shall be the duty of the sheriff to prepare a schedule of the fees that he is entitled to charge hereunder, showing the items and amounts, and post the same in a conspicuous place in his office."
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, nays 0.

The bill, as amended, having received the requisite Constitutional majority, was passed.

Senator Sisk of the 30th District moved that the Senate reconsider its action of yesterday in failing to pass Senate Bill No. 127, a bill to regulate safety guards at highway crossmgs.

The ayes and nays were called on this motion and the roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Baggett Boykin Carithers Cason Fetzer Groover

Haralson Hubbard Hutcheson Jackson Knox Moore

Oliver Sisk Sparks Tuten Weaver

Those voting in the negative were Senators:

FRIDAY, MARCH 10, 1933.

1103

Alston Andrews Boyd Cai! Cloud Culpepper Dorminy

Fudge Goldin Hogg Howard of the 24tll Howard of the 2nd Key Lovett

Morris of the 39th Morris of the 5th Nelson Paschali Rivers Sims Terrell Turner

The ayes were 17, nays 22, and the motion to reconsider was lost.

Senator Turner of the 7th District moved that the Senate reconsider its action in passing House Bill No. 707, and the motion prevailed.

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

By Senator Culpepper of the 36th District-
Senate Bill No. 210. A bill to amend Section 4016 of the Civil Code, relating to titles on bonds of intestates, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Fetzer of the 1st District-
Senate Bill No. 166. A bill to amend Sections 1008 and 1087 of the Civil Code so as to exempt leaseholds on property of the State from taxation.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1104

JouR~AL OF THE SE:-.!ATE,

On the passage of the bill the ayes and nays were called, and the roll was called, and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Andrews Cail Campbell Carithers Cason Cioud Culpepper Dorminy Fetzer

Fudge Groover Haralson Hubbard Hutcheson Key Knox Lester Lewis Lovett

Moore Morris of the 39th Morris of the 5th Nelson Oliver Pottle Sparks Tate Tuten Weaver

Those voting in the negative were Senators:

Boyd Boykin Conner

Hogg Howard of the 24th Howard of the 2nd

Jackson Sims Terrell Turner

The ayes were 30 and the nays were 10.

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

The following privileged resolutions were read and adopted:

By Senator Tuten of the 46th District-
A resolution extending the privileges of the floor to Mrs. Pat Campbell, the daughter-in-law of Senator Campbell of the 34th District.

By Senator Hutcheson of the 44th District-
A resolution extending the privileges of the floor to Hon. Fred Morris, Jr., and his bride, son and daughter-in-law of the Senator from the 39th District.

FRIDAY, MARCH 10, 1933.

1105

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

By Mr. Stokes of Twiggs-
House Bill No. 277. A bill to alter, amend and revise the several Acts relating to the acceptance, creating, maintenance, management and governing of the Confederate Soldiers' Home of Georgia, and for other purposes.
Referred to Committee on Pensions.

By Mr. Chappell of Sumter-
House Bill No. 300. A bill to amend Section 813 of the Penal Code of 1910, providing for the appointment of the members of the Board of Jury Commissioners of the several counties of the State, to fix the manner of their appointment, their qualification, their term of office and for other purposes.
Referred to Committee on General Judiciary No. 2.

By Messrs. Hendrix and Smith of Dodge--
House Bill No. 340. A bill to provide for the payment of a salary in lieu of fees to clerks of the Superior Court of counties in this State having a certain population, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Barker of Heard, Kimbrough of Harris, and others-
House Bill No. 515. A bill to prohibit the purchase, sale, barter, exchange or delivery of seed cotton in the State of Georgia between July 15th and March 1st, without the written consent from the owner of the land whereon said coton is produced, or his agent, and for other purposes.

1106

JocR~AL OF THE SENATE,

Referred to Committee on Agriculture.

By Messrs. Batchelor of Putnam, Burson of Barrow, Clements of Wheeler, and others-
House Bill No. 594. A bill to reorganize and reconstitute the State Highway Board of Georgia, to provide for a Board to consist of seven members; to transfer all powers of present Board to the new Board, and for other purposes.
Referred to Committee on Highways.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 729. A bill to amend an Act approved August 7, 1931, entitled an Act to create the City Court of Colquitt County, and for other purposes.
Referred to Committee on Special Judiciary.

By Mr. Burton of Franklin-
House Bill No. 749. A bill to amend that certain Act adopted and approved March 1, 1933, and entitled an Act to enable the Highway Department to carry into effect the Constitutional amendment providing for the repayment to counties of indebtedness due them, and for other purposes.
Referred to Committee on State of Republic.

By Mr. Parramore of BleckleyHouse Bill No. 753. A bill to fix the amount of bond
for the Sheriff of Bleckley County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Comas of Appling-
House Bill No. 755. A bill to prohibit the hunting of quail and turkey during the hunting season only on specified days in Appling County, and for other purposes.

FRIDAY} MARCH 10, 1933.

1107

Referred to Committee on Game and Fish.

By Mr. Barrett of White-
House Bill No. 764. A bill to repeal an Act entitled an "Act to create a Board of Commissioners of Roads and Revenues of White County; to prescribe their duties, and for other purposes," approved August 15, 1929, and the Acts amendatory thereof, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Barrett of White-
House Bill No. 765. A bill to create a Board of County
Commissioners of Roads and Revenues for the County of White; to provide for the election and creation of said Board, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Goodwin and Scruggs of Washington-
House Bill No. 767. A bill to amend an Act entitled an Act to incorporate the Town of Deepstep, so as to change the boundaries of said town and fix the point of center thereof, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Sutton and Parker of Colquitt-
House Bill No. 782. A bill to abolish the Board of Commissioners of Roads and Revenue of Colquitt County, Georgia, to repeal all Acts creative thereof, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Boyd of GreeneHouse Bill No. 793. A bill to fix the amount of the

1108

JoFR~AL OF THE SE~ATE,

bond of the Sheriff of Greene County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Comas of Appling-
House Bill No. 801. A bill to amend an Act approved July 29, 1915, creating a Board of Commissioners for Appling County, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Almand of \alton-
House Bill No. 130. A bill to amend the Embalming Act, and for other purposes.
Referred to Committee on General Judiciary No. 1.

The hour of adjournment having arrived, the President announced that the Senate stood adjourned until two o'clock this afternoon.

AFTERNOON SESSION
The Senate met at 2 o'clock P. M., and was called to order by the President.
The following bills of the Senate were introduced, read the first time and referred to committees:
By Senator Tuten of the 46th District-
m. gSennuartsem. Bg.ill No. 260. A bill to amend the Act regulat-

FRIDAY, MARCH 10, 1933.

1109

Referred to Committee on Hygiene and Sanitation.

By Senator Pottle of the 1Oth District-
Senate Bill No. 259. A bill to provide for alternative law under which County Commissioners in certain counties shall abolish the fee system.
Referred to Committee on Counties and County Matters.

By Senator Haralson of the 40th District-
Senate Bill No. 261. A bill to amend the Motor Carriers Act so as to exempt rural free carriers.
Referred to Committee on Motor Vehicles.
The following bills of the House, favorably reported by committees, were read the second time:
By Mr. Simmons of Decatur-
House Bill No. 13 5. A bill to reduce salaries of all officials of the State of Georgia where fixed by law, 20%, and for other purposes.

By Mr. Mundy of Polk-
House Bill No. 447. A bill to amend an Act entitled an Act to make permanent the income of the University of Georgia, and for other purposes.

By Messrs. Simmons and Griffin of Decatur-
House Bill No. 766. A bill to amend an Act entitled an Act to create a new charter for the City of Bainbridge, and for other purposes.
The following bill of the Senate, favorably reported by the committee, was read the second time:

1110

JouR~AL OF THE SENATE,

By Senator Sims of the 35th District-
Senate Bill No. 251. A bill to amend an Act approved August 28,1931, entitled an Act to create a Text Book Commission for the State of Georgia, providing for the distribution of books in counties having a city with a population of 200,000 or more, and for other purposes.
The following privileged resolutions were read and adopted:

By Senator Hutcheson of the 44th DistrictA resolution extending the privileges of the floor to Hon-
orable wade Allen of Fannin County.

By Senator Dorminy of the 47th District-
A resolution extending the privileges of the floor to Professor W. W. Stancil, Superintendent of Schools of Ben Hill County.
The following resolution was read and adopted:

By Senator Lovett, of the 16th District-
JFhereas, His Excellency, the Governor of Georgia, hereby communicates to the members of the Senate an invitation to be his guests at an aeroplane flight over the city of Atlanta on l.Vlonday next; and,
Jf7 hereas, the Governor advises that transportation will be furnished to and from the aviation field for Senators desiring to make the air excursion in an IS-passenger plane; and,
Whereas, said transportation will be available at any hour the members of the Senate desire;
Therefore, be it resolved, that this Senate express its appreciation to the Governor for his cordial invit!ltion, and that Senators desiring to make the trip at 1 P. M., on Mon-

FRIDAY, MARCH 10, 1933.

1111

day, communicate their acceptance to one of the attaches of the Senate, Roy Nix.
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, to-wit:

By Messrs. Weaver of the 25th District, Sims of the 35th District, Tuten of the 46th, and Knox of the 3rd District-
Senate Bill No. 52. A bill to provide that upon consideration of two or more ba.nks incorporated under the laws of the State, the consolidated bank shall have the right of succession as trustee or otherwise, and for other purposes.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Lester of the 18th District-
Senate Bill No. 129. A bill creating a Highway Patrol, and for other purposes.

By Senators Mc\V"horter of the 50th District, Fetzer of the 1st District and Lester of the 18th District-
Moved to amend Senate Bill No. 129, by changing the period following the sentence in Section 4, line 9 of said bill to a comma, and adding the following to said Section:
"but the said State Revenue Commission may exclude from the provisions of this section such officers, executives and other employees needed in the enforcement of the provisions of this Act which can be enforced to better advan-

1112

}OGRNAL OF THE SENATE,

tage without such officers, patrolmen and executives appearing in uniform or on motorcycles."
Section 5, as follows :
"The salaries of such officers and executives shall not, however, exceed the sum of two hundred ($200.00) dollars per month, exclusive of expenses for such officers or executives, and the said State Revenue Commission shall not pay a salary in excess of one hundred twenty-five ( $12 5.00) dollars per month to patrolmen, exclusive of expenses of such patrolmen."

By Senators McWhorter of the 50th District, Fetzer of the 1st District and Lester of the 18th District-
Moved to amend Senate Bill No. 129 by adding after the word "shall," and before the word "employ," in line two, Section two of said bill, the following:
"with the advice, consent and approval of the Director of the Motor Vehicle Division, so that the first sentence of said Section two, which constitutes the first five lines thereof, when amended, shall read as follows :
"Be it further enacted by the authority aforesaid, that the State Revenue Commission shall, with the advice, consent and approval of the Director of the Motor Vehicle Division, employ such help, agents, officers and patrolmen for the purpose of enforcing this Act, the motor vehicle laws of this State covering the operation of trucks and buses on the highways as private or common carriers."

By Senators McWhorter of the 50th District, Fetzer of the 1st District and Lester of the 18th District-
Moved to amend Senate Bill No. 129 by adding another sentence to Section 3 of said bill, to read as follows:
"The premium on said bond shall be paid by the said State Revenue Commission."

FRIDAY, MARCH 10, 1933.

1113

By Senators McWhorter of the 50th District, Fetzer of the 1st District and Lester of the 18th District-
Moved to amend Senate Bill No. 129, by striking the comma after the word "inspectors," in line 3 of Section 7, and adding the following language after the said word "inspectors," to-wit: "for the purpose of enforcing the provisions of this Act and all other laws of this State relative to motor vehicles traffic and relative to animal-drawn vehicles, together with trucks and buses, and all laws of this State in regards to the same."

By Senators Cail of the 17th District and Lovett of the 18th District-
Moved to amend Senate Bill No. 129, Section 4, by striking from line three of said section the words "distinctive uniforms and," by adding on line five following the comma after the word "uniform," the following: "such uniform to be furnished by such officers and patrolmen in accordance with rules and regulations of the said Revenue Commission as to color and style."

By Senators Cail of the 17th District and Lovett of the 18th District-
Moved to amend Senate Bill No. 129 by inserting a new paragraph, to be properly numbered, to read as follows:
"Be it further provided, that said patrolmen shall draw no compensation for mileage traveled, or have any subsistence or expense account."
The amendments offered by Senators McvVhorter of the 5Oth District, Fetzer of the 1st District and Lester of the 18th District, numbers 1, 2, 3 and 4, were adopted severally.
The two amendments offered by Senators Cail of the 17th District and Lovett of the 16th District were severally adopted.

1114

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 were 34, nays 2.
The bill, as amended, having received the requisite Constitutional majority, was passed.
By unanimous consent House Bill No. 55 4, a bill to define turpentine, was withdrawn from the committee, read the second time and recommitted.
By unanimous consent Senate Bill No. 261, a bill by Senator Haralson of the 40th District, to amend the Motor Carriers Act, was withdrawn from the committee, read the second time and recommitted.
The following bill of the Senate was read the third time and put upon its passage:

By Senators Knox of the 3rd District and Lewis of the 20th District-
Senate Bill No. 214. A bill to provide for a Constitutional Convention.
The committee offered the following substitute:
A BILL
To be entitled an Act to provide for Conventions to pass on amendments to the Constitution of the United States which have been proposed or which may hereafter be proposed by the Congress for ratification by Convention in the several States; to provide for the announcement and selection of candidates to said Convention; to provide for the method of holding said election, and the ascertainment of the results thereof, and the commissioning of said delegates; to provide for the holding of said Convention and the procedure and the method of certifying the results thereof; and for other purposes.

FRIDAY, MARCH 10, 1933.

1115

Section 1. Be it enacted by the General Assembly of the State of Georgia, that whenever the Congress of the United States shall propose an amendment to the Constitution of the United States and shall propose that it be ratified by Conventions in the several States, the Governor shall, within thirty ( 30) days after legal notice of such proposal has been submitted to him, except the proposal as to the Twentyfirst Amendment to the Constitution of the United States now being submitted, and as to that amendment within sixty days after the passage of this Act, fix by proclamation the date of a special election to be ordered and held for the purpose of electing delegates to such Convention in this State. All elections ordered under this Act shall be held within sixty days from the date of said proclamation of the Governor.

Sec. 2. Be it further enacted, that said election shall be held under the provisions of law now in force governing the election of members of the General Assembly, and shall be subject to the same rules and regulations governing said election and all who are qualified to vote for members of the General Assembly shall be qualified to vote and participate in said election. The result therof shall be ascertained and certified as in the case of elections for members of the General Assembly.
Sec. 3. Be it further enacted, that the number of delegates to be chosen and elected to said convention shall be the same number as members of the House of Representatives of the State at the time of said election. Each county shall elect the same number of delegates as it has Representatives in the lower House of the General Assembly.
Sec. 4. Be it further enacted, that any citizen and resident of this State who is qualified to serve as a member of the House of Representatives in this State shall be qualified to serve as a delegate to said Convention, and shall file with the Ordinary of his county fifteen ( 15) days before

1116

JocRNAL OF THE SE~ATE,

said election a written declaration of his candidacy, and at the same time declare whether he favors the ratification or rejection of any such proposed amendment.
Sec. 5. Be it further enacted, that the delegates thus elected and chosen shall be commissioned by the Governor in the same manner and form as members of the General Assembly are now commissioned.
Sec. 6. Be it further enacted that said Convention shall assemble at the State Capitol in the Hall of the House of Representatives, on said date as the Governor may determine, not more than thirty ( 30) days from the date of such election. The Convention shall be called to order by the Governor, who shall preside over the same until the delegates elect one of their number as President of the Convention, who shall be the presiding officer thereof. No other business shall be transacted until such President is elected. Said Convention shall also chose one of their number as Secretary, and said Secretary shall keep a record of the proceedings of said Convention, and upon adjournment of said Convention said records, properly authenticated and certified by the President and Secretary, shall be filed in the office of the Secretary of State, to remain as permanent records therein. In said certificate the President and Secretary shall certify the vote of said Convention on the ratification or rejection of said proposed amendment, and said Secretary of State shall certify the result of said vote to the Secretary of State of the United States in the same manner as is provided for certifying the results of the action of the General Assembly of the State upon a proposed amendment to the Constitution of the United States, submitted to it for ratification or rejection, and all laws applicable to such certification now in force in this State and not inconsistent with this Act are made applicable to this said method of so declaring and certifying the action of said Convention.
Sec. 7. Be it further enacted, that no compensation,

FRIDAY, MARCH 10, 1933.

1117

mileage or expense money shall be paid to any delegate serving as such in any such Convention as herein provided for.
Sec. 8. Be it further enacted, that should a vacancy occur in the office of delegate either by death, resignation, or otherwise, the Governor shall fill such vacancy by the appointment and commissioning of a delegate from the county in which such vacancy exists.
Sec. 9. Be it further enacted, that the majority of the delegates elected and appointed to the Convention shall constitute a quorum thereof. No proposed amendment to the Constitution of the United States shall be ratified by said Convention except upon the assent of a majority of the delegates elected or appointed to the Convention.
Sec. 10. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same is, hereby repealed.
' Senator Sisk of the 30th District moved to table the bill
and the substitute, and the ayes and nays were called for, and the call was sustained and the roll was called. The vote was as follows :

Those voting in the affirmative were Senators:

Boyd Campbell Colson Culpepper

Dean Goldin Howard of the 24th Paschall

Sims Sisk Sparks Terrell

Those voting in the negative were Senators:

Andrews Boykin Cail Cloud Dorminy Fetzer Fudge Groover Haralson

Hogg Howard of the 2nd Hubbard Hutcheson Key Knox Lester Lewis Lovett

Moore Morris of the 39th Morris of the 5th Nelson Oliver Pottle Tate Turner Tuten

1118

JoURNAL OF THE SENATE,

The ayes were 12, nays 27, and the motion to table was lost.

The substitute was adopted.

On the passage of the bill, by substitute, 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:

Andrews Boyd Boykin Cail Campbell Carithers Cason Cloud Conner Culpepper Dean Dorminy

Fetzer Fudge Groover Haralson Hogg Howard of the 2nd Hubbard Hutcheson Key Knox Lewis Lovett

Moore Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Rivers Sims Tate Terrell Turner Tuten

Those voting in the negative were Senators:

Goldin

Lester

Sisk Sparks

On the passage of the bill, by substitute, the ayes were 37, nays 4.

The bill, by substitute, having received the requisite Constitutional majority, was passed.

By unanimous consent the Senate voted to remam m session until 5 :30 P.M., today.
By unanimous consent the Senate voted to convene tomorrow morning at 9 :00 A. M., and remain in session until 1:00 P.M.

The following bills of the Senate were read the third time and put upon their passage:

FRIDAY, MARCH 10, 1933.

1119

By Senators Cail of the 17th District and Boykin of the 29th District-
Senate Bill No. 233. A bill to regulate the holding of primary elections.
Senator Cail and Boykin offered a substitute which 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 22, nays 13.
The bill, by substitute, having failed to receive the requisite Constitutional majority, was lost.

By Senator Lester of the 18th District-
Senate Bill No. 247. A bill to provide for recording tax fi. fas.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 11.
The bill having received the requisite Constitutional majority, was passed.

The following bill of the Senate was taken up for passage:

By Senators Tuten of the 46th District and Hogg of the 13th District-
Senate Bill No. 253. A bill to prohibit the growing of cotton in 1934.
By unanimous consent further action on the bill was postponed.

1120

}OlJR::-.!AL OF THE SENATE,

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

By Senator Hubbard of the 31st District-
Senate Bill No. 184. A bill to regulate the borrowing power of School Boards.
Senator Hubbard of the 31st District offered the following amendment :
By adding that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
The amendment \Vas 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,nays0.
The bill, as amended, having received the requisite Constitutional majority, was passed.
The Senate took up for consideration the House substitute to the following bill:

By Senators Weaver of the 25th District, Sims of the 35th District, Tuten of the 46th District and Knox of the 3rd District-
Senate Bill No. 52. A bill to provide that a consolidated
bank shall have. the right of succession as trustee.
The Senate agreed to the House substitute, as follows, to-wit:
House substitute for Senate Bill No. 52, by Messrs.
Peters of Meriwether, Beasley of Tattnall, Harris of Richmond, Rivers of Lanier, Mundy of Polk and Park of Bibb:

FRIDAY, MARCH 10, 1933.

1121

A BILL
To be entitled "An Act to empower the Governor of the State of Georgia in emergencies and by proclamation to suspend the banking business of this State for such period of time as he may deem necessary; to provide that whenever any emergency has been determined to exist either by the Governor of the State or by the President of the United States, or by any Federal authority, that it shall be the duty of the Superintendent of Banks to prescribe rules and regulations for the resumption of the conduct of the business of any bank or banks; to provide how cor-' respondent and clearing accounts amongst intra-state banks shall be paid or secured; to authorize and empower the Superintendent of Banks to limit amounts which may be withdrawn from any bank or banks by its depositors or creditors, and to promulgate regulations with reference thereto; to provide for the creation of the Georgia Clearing House Association and for its personnel; to prescribe the terms of office of the members of said Association, and to authorize said Georgia Clearing House Association to approve or disapprove or to issue scrip, notes or debentures to be used as a medium of exchange or a substitute for money or currency; to prohibit the issuance of scrip by any bank, banker, trust company, association of banks or bankers unless approval and written consent of the Georgia Clearing House Association has first been given; to give the Superintendent of Banks such discretion with reference to banks which have suspended business under emergency proclamations as the Comptroller of the Currency may be vested with reference to national banks; to provide penalties for violation thereof, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows:
Section 1. The Governor of the State of Georgia is here-

1122

JouRNAL OF THE SENATE,

by authorized and empowered to proclaim that all banks in this State shall suspend business for such period of time as he may direct, provided, however, that he is of the opinion that an emergency exists whereby such action is necessary or proper for the protection of the interests of depositors and other creditors, or that such action is in the public interest.
Sec. 2. That whenever such an emergency has been determined and deemed to exist, or whenever such an emergency has been declared to exist by the President of the United States, or by any Federal authority authorized to so act, as provided by Section 1 of this Act, and if and when said banks have spspended business, then it shall be the duty of the Superintendent of Banks to prescribe rules and regulations whereby any bank or banks may resume operation and conduct business.
Sec. 3. That where the banks of this State have heretofore suspended, or may hereafter suspend business under any order or proclamation of the Governor of this State, or any other State authority, or under any order of the President of the United States, or any other Federal authority, then before said bank or banks shall be authorized to resume business, and as a condition precedent thereto, all accounts owed to any other bank located within this State, whether correspondent or clearing accounts, shall either be paid in full or sufficiently collateralized or provision made therefor on such terms as may be approved by the Superintendent of Banks. After said correspondent or clearing accounts have been met according to the requirements of the Superintendent, then he may prescribe the further terms upon which any or all of said banks may resume business; provided also that if any bank in this State shall have and deposit moneys due the Superintendent of Banks to his credit as liquidating agent for banks in process of liquidation, then said amounts shall be paid in full to the Superintendent of Banks before said bank shall resume business.

FRIDAY, MARCH 10, 1933.

1123

Sec. 4. Whenever any of said banks of this State which have suspended business under any proclamation or order issued by the President of the United States or any other Federal authority, or under any proclamation of the Governor of this State, or any other State authority, shall have settled the debts existing among themselves, as hereinbefore prescribed, and shall have paid to the Superintendent of Banks any and all amounts which they have on deposit to his credit as liquidating agent for an insolvent bank, then said bank or banks may be permitted to resume business under such terms and conditions as may be prescribed by said Superintendent of Banks, and he is hereby authorized to limit the amount which may be withdrawn from any bank or banks by its depositors or creditors and for such a period of time as said Superintendent of Banks may determine. Said Superintendent of Banks is further authorized to promulgate such regulations as he deems necessary to carry into effect the provisions of this Act, and is authorized to extend the time in which said regulations may be in force or effect; or at any time to limit, amend, or discontinue said regulations.
Sec. 5. That there is hereby created the Georgia Clearing House Association and said Association shall consist of twelve ( 12) members, the personnel of which shall include the Governor of this State and the Superintendent of Banks and ten ( 10) other citizens of the State, one from each of the Congressional Districts of the State. The following are hereby named as members of the Association from the respective Distri<;ts:
J. C. Beasley-From First Congressional District.
M. L. Lee-From Second Congressional District.
Lee Hudson-From Third Congressional District.
J. S. Peters-From Fourth Congressional District.
Henry B. Kennedy-From Fifth Congressional District.

1124

JoURNAL OF THE SENATE,

W. R. Sinquefield-From Sixth Congressional District.
John M. Graham-From Seventh Congressional District. W. L. Miller-From Eighth Congressional District.
W. S. Elliott-From Ninth Congressional District.
R. F. Fowler-From Tenth Congressional District.
The term of office of said members of said Association shall be for twelve ( 12) months from the date of the passage of this Act. Any vacancy by death, resignation or otherwise shall be filled by a majority vote of its members. That thereafter the members of said Association shall be elected for a term of two years by a vote of the respective bankers doing business in the respective Congressional Districts, and the Superintendent of Banks is hereby empowered to prescribe such regulations as he may deem necessary as to how the balloting and the election of said members shall be had. That among the powers and duties of the said Georgia Clearing House Association shall be the approval or disapproval of the issuance of any scrip, obligation, note or notes, debenture or other form of instrument to be used as a medium of exchange or a substitute for money or currency, and they shall perform such other functiOns and duties as the Superintendent of Banks may from time to time prescribe. Said Georgia Clearing House Association may, if it deems necessary, issue its own scrip, debenture, note, obligation, or other instrument as a medium of exchange and as a substitute for money or currency under such terms or regulations as the Superintendent of Banks of this State may prescribe and as it may be authorized so to do by a majority vote of its members.
The Governor of this State shall be the Chairman of said Georgia Clearing House Association and said Association shall elect from its members a secretary and such other officers as the Association may require.
Sec. 6. That no bank, banker, trust company, private bank or banker, or association of banks or bankers, or val-

FRIDAY, MARCH 10, 1933.

1125

untary association, shall issue any obligation, debenture, scrip or other form of instrument to be used as a medium of exchange as a substitute for money or currency unless and until said bank, banker, trust company, private bank or banker, or association of banks or bankers, or voluntary association has first obtained the written consent and permit of the Georgia Clearing House Association or the Superintendent of Banks. Any such scrip, debenture or instrument issued without such permit shall be void.
Sec. 7. That nothing in this Act shall be so construed as to limit or affect the authority of the Superintendent of Banks as prescribed by Article 7 as amended of the Banking Act as approved August, 1919, with reference to the liquidation of individual banks.
Sec. 8. That the Superintendent of Banks shall in his discretion be vested with such power and authority with reference to the regulation and control of State banks as provided for in Sections 1 and 2 of this Act as is now or may hereafter be vested in the Comptroller of the Currency with reference to National Banks.
Sec. 9. That any bank, banker, trust company, private bank or banker, or association of banks or bankers, or voluntary association, who shall violate any of the provisions of this Act, upon conviction thereof, shall be punished as for a misdemeanor, as provided by Section 1065 of the Penal Code of this State.
Sec. 10. Be it enacted that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed.
By unanimous consent the action of the Senate in con-
curring to the House substitute to Senate Bill No. 52, was
immediately communicated to the Governor.
Senator Lewis of the 20th District moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until 9 o'clock tomorrow morning.

1126

JouRNAL OF THE SENATE,

"SENATE CHAMBER, ATLANTA, GEORGIA,
SATURDAY, MARCH 11, 1933.
The Senate met, pursuant to adjournment and was called to order at 9 o'clock A. M. by the President.
Prayer was offered by Senator Hubbard of the 31st District.
By unanimous consent the roll call was dispensed with.
Senator Fetzer of the 1st District, reported that he had examined the Journal of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
Senator Cail of the 17th District, gave notice that he would move at the proper time, that the Senate reconsider its action on Senate Bill No. 233.
A communication from Senator Knox of the 3rd District relative to his Resolution No. 102 was read and referred to the Committee on State of the Republic.
By unanimous consent Senate Bills No. 146 and No. 261 were withdrawn from the committee, read the second time and recommitted.
By unanimous consent House Bill No. 399 was withdrawn from the Committee on Special Judiciary, read the second time and recommitted.
By unanimous consent House Bills No. 302 and 303 were withdrawn from the Committee on Counties and County Matters and recommitted to the Committee on General Judiciary No. 1.

SATURDAY, MARCH 11, 1933.

1127

By unanimous consent House Bill No. 515 was withdrawn from the Committee on Agriculture, read the second time and recommitted.
By unanimous consent House Bill No. 594 was withdrawn from the committee, read the second and recommitted.
By unanimous consent House Bill No. 755 was withdrawn from the committee, read the second time and recommitted.
The following bills of the Senate were introduced, read the first time and referred to committees.

By Senators Terrell of the 37th District, and Boykin of of the 29th District-
Senate Bill No. 262. A bill providing for consolidation of banks, and for other purposes.
Referred to Committee on Banks and Banking.
Senate Bill No. 263. A bill regulating certain kinds of Fire Insurance Companies.
Referred to Committee on Insurance.
The following privileged resolutions were read and adopted:

By Senators Tuten of the 46th District and Hutcheson of the 44th District-
A resolution extending the privileges of the floor to Mrs. Sarah Taylor, sister-in-law of the distinguished Senator from the 30th District.

By Senator Fetzer of the 1st DistrictA resolution extending the privileges of the floor to Miss

1128

JouRNAL OF THE SENA;rE,

Adelaide McWhorter, the daughter of the distinguished President of the Senate.
The following bill of the Senate was introduced, read the first time and referred to the Committee on Counties and County Matters:

By Senators Turner of the 7th District, and Nelson. of the 6th District-
Senate Bill No. 264. A bill to amend the Acts providing for the reorganization of the State Highway Department.

The Committee on Rules submitted the following report which was read and adopted :
Your Committee on Rules establishes the following order of business for today's session, immediately following the period of Unanimous Consents, to-wit:

SENATE BILLS
No. 254. Howard of the 2nd District, authorize payment of pensions to Veterans without proof of length of service.
No. 68. Hubbard of the 31st District, school tax levy amendment to Constitution.
No. 143. Key of the 28th District and Culpepper of the 36th District, Archives and History.
No. 217. Sims of the 35th District, joint trial of defendants jointly indicted.
No. 219. Sims of the 35th District, Technical amendments to indictments.
No. 125. Key of the 28th District, Allow cities to erect public works.

SATURDAY, MARCH 11, 1933.

1129

HOUSE BILLS

No. 121. Pound of Hancock-Convey the 1Oth District, A. & M. property to Hancock County.
No. 554. Naval Stores.
No. 74. Bibb Delegation-Providing for the registration of plats and making it optional for counties to adopt same.
No. 439. Hartsfield of Fulton and others-Permit counties and municipalities to acquire and operate airports.
No. 437. Hartsfield of Fulton, regulation of aviation, flights, etc.
No. 447. Mundy of Polk, amendment to permanent income fund law of the University.
No. 457. Mundy of Polk, fix the fiscal year of the state.
The foregoing bills to be taken up as they appear in their order in this calendar, except when the President considers it advisable to call up, either at his own instance, or on the motion of the Senate.
Your committee makes the following recommendation for limitation of debate; each proponent of a bill shall be limited to ten minutes; one selected opponent shall be limited to twenty minutes except where there is a minority report in which case the opponents shall have the same time as the proponent. Any Senator desiring to debate any question shall be limited to five minutes time for debate.
Respectfully submitted,
GEO. w. FETZER,
Vice-Chairman.
WM. M. LESTER,
Secretary.

1130

JouRNAL OF THE SENATE,

Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report :

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 258. By Mr. Cloud of the 19th District, do pass.
House Bill No. 340. By Messrs. Hendrix and Smith of Dodge, do pass.
House Bill No. 753. By Mr. Parramore of Bleckley, do pass.
House Bill No. 767. By Messrs. Goodwin and Scruggs of Washington, do pass.
House Bill No. 793. By Mr. Boyd of Greene, do pass.
House Bill No. 801. By Mr. Comas of Appling, do pass.
Senate Bill No. 259. By Mr. Pottle of the 1Oth District, do pass.
Mr. Cason of the 22nd District, Chairman of the Committee on Finance, submitted the following report:

Mr. President:
Your Committee on. Finance have had under consideration the following bills and resolutions of the House and Senate, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 118. Do not pass.
House Bill No. 152. Do not pass.

SATURDAY, MARCH 11, 1933.

1131

House Bill No. 305. Do pass.
House Bill No. 448. Do pass.
Senate Resolution No. 97. Do not pass.
Senate Resolution No. 98. Do pass.
CASON,
Chairman. Mr. H. A. Carithers of the 27th Dist~ict, Chairman of the Committee on State of Republic, submitted the following report:

Mr. President:
Your committee have had under consideration the following and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 749. Do pass.
Mr. J. M. Fudge of the 8th District, Chairman of the
Committee on Agriculture, submitted the following report:

Mr. President:
Your committee have had under consideration the following and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that-
House Bill No. 377. Do pass.
House Bill No. 554. Do pass.
Mr. Knox of the 3rd District, Chairman of the Committee on Privileges and Elections, submitted the following report:

Mr. President: Your Committee on Privileges and Elections have had

1132

JocR~AL OF THE SENATE,

under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 265. Do pass.
KNOX,
3rd Dist. Chairman.
Mr. Sims of the 35th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:
Your Committee on Appropriations have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 671. Do pass, as amended.
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 resolutions of the Senate, to-wit:

By Mr. Morris of the 39th District-
Senate Resolution No. 84. A resolution directing the
State Librarian to furnish to the Judge of the Superior Courts of the Blue Ridge Circuit certain volumes of the Court of Appeals and certain volumes of the Supreme Court and certain volumes of Park's Annotated Code.

By Mr. Jackson of the 21st District-
Senate Resolution No. 101. A resolution requesting Congress of U. S. to inflate the currency in a sufficient quantity to do the business of the country on.

SATURDAY, MARCH 11, 1933.

1133

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

JV!r. President:
The House has passed as amended by the requisite Constitutional majority, the following bills of the Senate, towit:

By Mr. Sisk of the 30th District-
Senate Bill No. 128. A bill to provide for the collection, accounting and deposit of public funds; to provide for bonds of officers and depositories; 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 of the House, to-wit:

By Messrs. Harris of Richmond and Culpepper of Fayette and others-
House Bill No. 404. A bill to amend Section 1207 of the Civil Code of 1910 providing for the amount of the bonds of Tax Collectors of this State, and for other purposes.

By Mr. Calhoun of Wilkes-
House Bill No. 657. A bill to amend an Act approved August 20, 1929, pages 260-268, inclusive, designating certain highway mileage in Wilkes County, and for other purposes.

By Mr. Patten of TiftHouse Bill No. 690. A bill to amend an Act creating a

1134

JouR~AL oF THE SENATE,

charter of the City of Tifton to change the present City Commissioner form of Government to a Mayor and Council form of Government; and for other purposes.

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 757. A bill to provide that no person, firm or corporation .shall establish, maintain or operate any public dance hall, swimming pool, or other place of public amusement outside of cities with a certain population, without the permission of County Commissioners, and for other purposes.
By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 758. A bill to amend an Act that in counties of a certain population the power shall be vested in the Board of County Commissioners, or Ordinary, to grant permission to establish cemeteries, sanatoriums, etc., and for other purposes.

By Messrs. Stanton and Twitty of Ware-
House Bill No. 761. A bill to amend an Act approved August 17, 1909, creating a new charter for the City of Waycross as amended by an Act approved August 16, 1922, so as to provide an optional form of government in said city, 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 of the House, to-wit:

By Mr. Donaldson of Bulloch-
Hause Bill No. 762. A bill to create a new Charter for the City of Millen, etc., and for other purposes.

SATURDAY, MARCH 11, 1933.

1135

By Mr. Minchew of Atkinson-
House Bill No. 768. A bill to amend an Act to create the office of Commissioner of Roads and Revenues in the County of Atkinson; to provide for the election of such Commissioner, and for other purposes.

By Mr. Pound of Hancock-
House Bill No. 771. A bill to abolish the office of County Treasurer of Hancock County, Georgia, and to provide in what manner the funds of said county shall be deposited and disbursed, and for other purposes.

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 773. A bill to amend an Act to provide a new Charter for the Town of Stone Mountain, and for other purposes.

By Messrs. Bean and Dorsett of Carroll-
House Bill No. 871. A bill to amend the Act to establish a system of public schools for the City of Carrollton so that the City of Carrollton shall constitute an independent school district, and for other purposes.

By Messrs. Sutton and Parker of Colquitt-
House Bill No. 783. A bill to create the office of Commissioner of Roads and Revenues of Colquitt County, Georgia; to provide for his selection and removal, 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 House, to-wit:

1136

JouRNAL OF THE SE~ATE,

By Mr. Davis of Mitchell and others-
House Bill No. 788. A bill to amend an Act to create a new Charter for the City of Camilla, and for other purposes.

By ,Messrs. Lindsay of DeKalb and Eckford of Fulton-
House Bill No. 789. A bill to amend an Act to establish a new Charter for the City of Atlanta, and for other purposes.

By Messrs. Brunson and Chappell of Laurens-
House Bill No. 791. A bill to amend an Act entitled an Act to create a new Charter for the City of Dublin, and for other purposes.

By Mr. Johnson of Montgomery-
House Bill No. 796. A bill to reduce the bond of the Sheriff of Montgomery County, Georgia, and for other purposes.

By Mr. Dickey of Gordon-
House Bill No. 806. A bill to amend an Act creating a new Charter for the City of Calhoun, in the County of Gordon, 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 resolutions of the House, to-wit:

By Messrs. Lindsay, Hudgins and Turner of DeKalbHouse Resolution No. 129-591a. A resolution to au-

S.\TURDAY, MARCH 11, 1933.

1137

thorize the State Librarian to furnish Municipal Court of Atlanta with certain Supreme and Court of Appeals Reports, and for other purposes.

By Messrs. Cartledge of Richmond, Myrick and Alexander of Chatham, and others-
House Resolution No. 136-640b. A resolution to designate and name the George Washington Highway.

By Messrs. Crawford, Davis and Lanham of Floyd-
House Resolution No. 139-647b. A resolution to relieve W. H. Coker, of Floyd County, as bondsman, and for other purposes.
By Messrs. Strickland of Douglas, Johnson of Montgomery and Myrick of Chatham-
House Resolution No. 187. A resolution to provide for the payment of the expenses incidental to the Agriculture Department Investigating Committee, and for other purposes.
The following bills of the Senate favorably reported by committees, were read the second time:
By Senator Pottle of the 1Oth District-
Senate Bill No. 259. A bill to provide an alternative law under which the County Commissioners or other officers having charge of the fiscal affairs of any county where the population of said county does now or hereafter exceed the number of 19,000 inhabitants, according to the last preceding census of the United States-shall be required to abolish in such county the fee system for compensating the officers herein named, and for other purposes.

By Senator Cloud of the 19th DistrictSenate Bill No. 258. A bill to reduce the bond of the

1138

JOPRNAL OF THE SENATE,

Sheriff of Taliaferro County, Georgia, from the amount of $10,000 to $3,000, and for other purposes.
The following resolution of the Senate favorably reported by the committee, was read the second time :
By Senator Dean of the 11th District-
Senate Resolution No. 98. A resolution requiring that the sum of $2,070 be appropriated from the Cigar and Cigarette Stamp Tax Fund, for the purpose of repaying the pension checks caught in insolvent banks for certain counties of the State, and for other purposes.
The following bills of the House favorably reported by committees, were read the second time:
By Mr. Brown of Glynn-
House Bill No. 265. A bill to amend the Act approved August 21, 1922, providing for a secret and private ballot at all elections held in this State, and for other purposes.
By Mr. Jones of Lumpkin-
House Bill No. 305. A bill to amend an Act approved August 24, 1925, known as "Fuel Distributors, Occupation Tax, Collecting Clerk," so as to provide for the monthly distribution of said tax among the counties of the State, and for other purposes.
By Messrs. Hendrix and Smith of Dodge-
House Bill No. 340. A bill to provide for the payment of a salary in lieu of fees to Clerks of the Superior Court of counties in this State having, by the United States census of 1930, a population of from 21,120 to 22,300, and for other purposes.
By Messrs. Fagan of Peach, Duncan of Houston, Johnson of Upson, and others-
House Bill No. 377. A bill to amend an Act to regulate

S.'\TURDAY, MARCH 11, 1933.

1139

the grading and marketing of peaches and apples in closed packages, and so forth, and for other purposes.

By Mr Mundy of Polk-
House Bill No. 448. A bill to amend the Income Tax Act of 1931, approved March 31, 1931, and for other purposes.

By Mr. Burton of Franklin-
House Bill No. 749. A bill to amend that certain Act adopted and approved March 1, 1933, and entitled an Act to enable the Highway Department to carry into effect the Constitutional Amendment providing for the repayment . to counties of indebtedness due them, and for other purposes.

By Mr. Parramore of Bleckley-
House Bill No. 753. A bill to fix the amount of bond
for the Sheriff of Bleckley County, and for other purposes.

By Messrs. Goodwin and Scruggs of Washington-
House Bill No. 767. A bill to amend an Act entitled an Act to incorporate the Town of Deepstep, so as to change the boundaries of said town and fix the point of center thereof, and for other purposes.

By Mr. Boyd of Greene-
House Bill No. 793. A bill to fix the amount of the bond of the Sheriff of Greene County, and for other purposes.

By Mr. Comas of ApplingHouse Bill No. 801. A bill to amend an Act approved

1140

JouRNAL oF THE SENATE,

July 29, 1915, creating a Board of Commissioners for Appling County, and for other purposes.
The following bill of the House favorably reported by the committee, was read the second time:

By Mr. Mundy of Polk-
House Bill No. 671. A bill to appropriate money for the maintenance of the Legislative Department for the year 1933 in addition to that already appropriated.
The following bills of the Senate were read the third time and put upon their passage:

. By Senator Sims of the 35th District-
Senate Bill No. 251. A bill to amend an Act approved August 28, 1931, entitled, "An Act to create a Text-Book Commission for the State of Georgia by providing for the distribution of books in counties having a city with a population of 200,000 or more, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Rivers of the 15th District-
Senate Bill No. 255. A bill to be entitled an Act to
amend an Act entitled an Act to create the offices of Tax Receiver and Tax Collector, and County Treasurer of the County of Wheeler, State of Georgia, to provide for their election, etc., and for other purposes.
The report of the committee which was favorable fo the passage of the bill, was agreed to.

SATURDAY, MARCH 11, 1933.

1141

On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Turner of the 7th District-
Senate Bill No. 249. A bill to amend an Act establishing 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 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Turner of the 7th District-
Senate Bill No. 250. A bill regulating road duty and commutation in tax in certain counties.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 28, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following Senate resolution was read the third time, and put upon its passage:

By Senator Hutcheson of the 44th District-
Senate Resolution No. 99. A resolution to supply the fifteen Justices of the Peace with the Code of the State 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 41, nays 0.

1142

JOURNAL OF THE SENATE,

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 Mr. Hudgins of DeKalb-
House Bill No. 571. A bill to create a new Charter for
the City of Chamblee, DeKalb County.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Settle of Butts County-
House Bill No. 681. A bill to amend the Charter of the City of Jackson, 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 34, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Melton of Early-

House Bill No. 707. A bill to amend an Act creating and incorporating the City of Blakely.

The report of the committee which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite Constitutional ma-

jority, was passed.

.

SATURDAY, MARCH 11, 1933.

1143

By Mr. Clements of Wheeler-
House Bill No. 737. A bill to reduce the bond of the Sheriff of Wheeler County.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Eckford and Hartsfield of Fulton-
House Bill No. 740. A bill to authorize the Mayor and Council of the City of Fairburn to close Smith Street, in said City of Fairburn; to authorize use of said street for public school ground purposes.
The report of the committee, which was favorable to the passage of the hill, was agreed to.
On the passage of' the bill, the ayes were 40, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Eckford and Hartsfield of Fulton-
House Bill No. 742. A bill to amend an Act approved August 3, 1925, incorporating the City of Fairburn, by adding at the end of Section 45 of said Act a new paragraph.
The report 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 7, nays 0.
The bill having received the requisite Constitutional majority, was passed.

1144

JoURNAL OF THE SENATE,

By Mr. Melton of Early-
House Bill No. 744. A bill to amend the Acts affixing the salary of the Treasurer of Early County.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Freeman of MonroeHouse Bill No. 74 7. A bill to amend the Acts fixing the
bond of Sheriff of Monroe County. The report of the committee, which was favorable to the
passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Messrs. Simmons and Griffin of DecaturHouse Bill No. 766. A bill to amend an Act creating a
new Charter for the City of Bainbridge. The report of the committee which was favorable to the
passage of the bill, was agreed to.
On the passage of the bill the ayes were 37, nays 0. The bill having received the requisite Constitutional majority, was passed.

By Mr. Pound of Hancock-
House Bill No. 121. A bill to convey the title to all real estate and the improvements heretofore owned by the

SATURDAY, MARCH 11, 1933.

1145

Trustees of the 1Oth Congressional District Agricultural and Industrial School to Hancock County, and for other purposes.
Senator Lewis of the 20th District moved to amend as follows: "By striking from Section 2 the words 'Board of Education of Hancock County' and inserting in lieu thereof the words 'Hancock County Board of Roads and Revenue.' "
The amendment was adopted.
The report of the committee which was favorable td the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 36, nays 0.
The bill 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 Howard of the 2nd DistrictSenate Bill No. 254. A bill authorizing the payment of
pensions to Confederate Veterans and widows of Confederate Veterans.
The report of the committee which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By unanimous consent the said bill was ordered immediately transmitted to the House.

1146

JouRNAL OF THE SENATE,

By Senator Key of the 28th District-
Senate Bill No. 125. A bill to authorize cities and towns to construct, own and operate sewage disposal plants.
The committee offered the following substitute:

COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 125

A bill to be entitled an Act to authorize municipalities, cities, towns, counties and political subdivisions of this State to construct, acquire, own, equip, operate, maintain and improve, enlarge or extend works for the collection and/or treatment, purification and disposal of sewage; to authorize such political subdivisions to construct, acquire, own, equip, operate, maintain and improve, enlarge or extend water works systems, hospitals, toll bridges, ferries, drainage systems, grading and/or paving and/or repaving streets, sidewalks and highways, where such streets or highways are not part of any Federal or State Aid project, public buildings, common jails, which such political subdivisions are authorized by law to own, acquire, construct or maintain where such works or project will be made self-supporting and the construction cost thereof returned within a reasonable period not exceeding thirty years by means of tolls, fees, rents or charges other than taxation; to authorize such political subdivisions to fix and make charges for the use of such works and to provide for the collection of the same; to authorize such political subdivisions to finance such projects by the issuance and sale of revenue certificates payable solely from the revenue of such works; to authorize contracts for the use of such works by other political subdivisions and charges against the owners Qf premises therein served; to authorize municipalities to construct and operate such works jointly; and to contract with each other and/or with other parties, and in case

SATURDAY, MARCH 11,1933.

1147

of toll bridges or ferries across State line rivers, to contract with municipalities or agencies of other states; to authorize the creation of a lien on certain property served by certain of such works; to provide for the method by which such revenue certificates shall be paid and to provide remedies for the holders of such certificates; to authorize and provide for the condemnation by said municipalities of property necessary for such projects, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same as follows :
Section 1. (a) The term "municipality" as used in this Act shall be construed to mean any city, village, incorporated town, county or other political subdivision of the State of Georgia.
(b) The term "municipal authorities" as used in this Act shall be construed to mean the Mayor and Council or similar governing body, Board of Commission of any city, village or incorporated town and/or the Board of Commissioners of Roads and Revenues of any county, whether composed of one or more members, or the Ordinary in any county where such officer is in charge of fiscal county affairs and/or the corporate authority vested by law with the control of the fiscal affairs of any political subdivision in this State.
(c) The term "works" as used in this Act shall be construed to mean and include waterworks systems, sewage systems, hospitals, toll bridges, ferries, drainage systems, grading and/or paving and/or repaving streets, sidewalks, and highways, other than State and Federal Aid projects, public buildings, common jails, which the municipalities of Georgia are authorized by law to own, construct, acquire, or maintain, where such works or project will be made selfsupporting and the construction and/or acquisition cost

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JouRNAL oF THE SENATE,

thereof returned within a reasonable period, not exceeding thirty years, by means of tolls, fees, rents or charges other than taxation, and shall mean and include such system, building, plant or project in its entirety and all integral parts thereof.
Sec. 2. Every municipality in the State of Georgia is hereby authorized and empowered to construct, acquire, own, equip, operate, maintain and/or enlarge, extend, or increase any of the works described in Section 1 together with all appurtenances necessary, useful or convenient for the maintenance and operation of such works, and shall have authority to acquire by gift, grant, purchase, condemnation or otherwise all necessary lands, rights of way and property therefor within and/or without the corporate limits of such municipality, and to issue revenue certificates to,pay the cost of such works and property. No obligation shall be incurred by the municipality in such construction, acquisition, extension or improvement except such as is payable solely from the funds provided under the authority of this Act.
Sec. 3. The construction, acquisition, improvement, extension, equipment, custody, operation and maintenance of any such works and the collection of revenues therefrom for the service rendered thereby shall be under the supervision and control either of the municipal authorities or of a Board of Public Works or committee as the corporate authorities of the municipality may determine. The term "Board" when hereinafter used in this Act shall be construed to mean the municipal authorities or such Board as the case may be.
Sec. 4. The Board shall have power to take all steps and proceedings and to make and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this Act. Provided, that any contract relating to the financing or the acquisition, construction, extension or improvement of any

SATGRDAY, MARCH 11, 1933.

1149

such works or any trust indenture as hereinafter provided for shall be approved by the municipal authorities. The Board may employ engineers, architects, inspectors, superintendents, managers, collectors, attorneys, and such other employees as in its judgment may be necessary in the execution of its powers and duties, and may fix their compensation, all of whom shall do such work as the Board may direct. All such compensation and expense incurred in carrying out the provisions of this Act shall be paid solely from funds provided under the authority of this Act, and the Board shall not exercise or carry out any authority or power herein given it so as to bind said Board or said municipality beyond the extent to which money shall have been or may be provided under the authority of this Act. No contract or agreement with any contractor or contractors for labor and/or materials, exceeding in amount the sum of One Thousand ( $1,000.00) Dollars shall be made without advertising for bids, which bids shall be publicly opened and award made to the best bidder, with power in the Board to reject any and all bids. After the construction, installations, and completion of the works or the acquisition thereof, the Board shall operate, manage, and control the same and may order and complete any extensions, betterments and improvements of and to the works that the Board may deem expedient, if funds therefor be available or are made available as provided in this Act, and shall establish rules and regulations for the use and operation of the works, and do all things necessary or expedient for the successful operation thereof. All public ways or public works damaged or destroyed by the Board in carrying out its authority under this Act shall be restored or repaired by the Board and placed in their original condition, as nearly as practicable, if requested so to do by proper authority out of funds provided by this Act.
Sec. 5. All necessary preliminary expenses actually in-
curred by the Board of any municipality in the making of surveys, estimates of cost and of revenues, employment of

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JocRNAL OF THE SENATE,

engineers or other employees, the giving of notices, taking of options and all other expenses of whatsoever nature necessary to be paid prior to the issue, sale and delivery of the revenue certificates herein provided for may be paid by the municipality, to be reimbursed and repaid out of the proceeds of the sale of such revenue certificates to be used for the construction, acquisition, extension or improvement of such works as hereinafter provided.
Sec. 6. Before any municipality shall construct, acquire, improve, or extend any works under this Act the municipal authorities shall enact an ordinance or ordinances, or shall adopt a proper resolution which shall (a) set forth a brief and general description of the works, and, if the same are to be constructed, a reference to the preliminary report or plans and the specifications which shall theretofore have been prepared; (b) set forth the estimated cost thereof; (c) order the construction, acquisition, extension or improvement of such works; (d) direct that revenue certificates of the municipality be issued pursuant to this Act in such an amount as may be found necessary to pay the cost of the works; and (e) contain such other provisions as may be necessary or proper in the premises. Before such ordinances shall become effective, it shall be published in three separate issues of some newspaper published in the municipality. If there be such a newspaper, but otherwise in a newspaper having general circulation therein, the first publication of said notice to be at least ten days before the date fixed in said notice for a hearing. Said notice shall specify a time and place for a hearing, which may be adjourned from time to time, and at which all parties at interest may appear before the municipal authorities and be heard as to whether or not said ordinance shall be put into effect. Any party at interest who is dissatisfied with the decision of said municipal authorities, shall have the right to apply to the Superior Court of the county in which such municipality, or the greater portion thereof, is located, for an injunction to restrain the enforcement of said ordinance

SATURDAY, MARCH 11, 1933.

1151

or resolution. Such application shall be made within ten days after the decision of said municipal authorities, and if no such application is made within ten days, said decision of said municipal authorities shall be final, and the ordinance or resolution shall be put into effect and the certificates issued hereunder shall not thereafter be contested in any proceedings in any court.
Sec. 7. Every such municipality shall have power to condemn any such works to be acquired and any land, rights; easements, franchises, and other property, real or personal, deemed necessary or convenient for the construction of any such works, or for extension, improvements, or additions thereto, and in connection therewith, shall have and may exercise all the rights, powers, and privileges of eminent domain granted to municipalities under the laws relating thereto. Title to property shall be taken in the name of the municipality. Proceedings for such appropriation of property shall be under and pursuant to the general proceedings of law relating to condemnation proceedings in the exercise of the right of eminent domain; provided, the municipality shall be under no obligation to accept and pay for any property condemned and shall in no event pay for any property condemned or purchased, except from the funds provided pursuant to this Act; and in any proceedings to condemn, such orders may be made as may be just to the municipality and to the owners of the property to be condemned; and an undertaking or other security may be required securing such owners against any loss or damage which may be sustained by reason of the failure of the municipality to accept and pay for the property, but such undertaking or security shall impose no liability upon the municipality except such as may be paid from the funds provided under the authority of this Act. In the event of the acquisition by purchase the Board may obtain and exercise an option from the owners of said property for the purchase thereof, and may enter into a contract for the purchase thereof, and such purchase may be made

1152

JouRNAL oF THE SENATE,

upon such terms and conditions and in such manner as the Board may deem proper. Provided, however, that such exercise of option, purchase, or contract for such purchase shall in no event bind or obligate said municipality or create any debt, liability or claim except such as may be paid from the funds provided under the authority of this Act. In event of the acquisition of any works already constructed by purchase or condemnation, the Board at or before the time of the adoption of the ordinances or resolution described in Section 6 hereof, shall cause to be determined what repairs, replacements, additions and betterments will be necessary in order that such works may be effective for their purposes, and an estimate of the cost of such improvements shall be included in the estimate of the cost required by Section 6 hereof, and such improvement shall be made upon the acquisition of the works and as a part of the cost thereof. Provided, however, that no municipality shall, under the authority conferred by this Act, condemn any existing privately owned works in operation at the date of condemnation.
Sec. 8. 'Vhenever any municipality now or hereafter shall own and operate any of the works herein referred to, whether constructed under the provision of this Act or not, and shall desire to construct improvements, enlargements, extensions and betterments thereto, it may issue revenue certificates under the provisions of this Act to pay for the same, and the procedure therefor, including fixing all rates and the computation of the amount thereof, shall be the same as in this Act provided for the issuance of certificates for acquisition or construction of such works in or by a municipality which has not theretofore owned and operated such works, provided, however, that in any ordinance or resolution declaring the intention to issue the certificates and providing details in connection therewith, the municipal authorities shall provide, define, declare, in addition to the other requirements set out in this Act, the value of the then existing system and the value of the

SATURDAY, MARCH 11, 1933.

1153

property proposed to be constructed, and the revenues derived from the entire system when the completed betterments, improvements and extensions are completed, shall be divided according to such values, and so much of the revenue as is in proportion to the value of such betterments, extensions and improvements, as against the value of the previously existing plan as so determined, shall be set aside and used solely and only for the purpose of paying the revenue certificates issued for such betterments, extensions or improvements, together with the cost of the operation and the depreciation thereof, and such revenue shall be deemed to be income derived exclusively from such betterments, extensions and improvements. Provided, however, that no existing obligations or rights shall be affected or impaired hereby.
Sec. 9. The cost of the works shall be deemed to include the cost of acquisition or construction thereof, the cost of all property, rights, easements, and franchises deemed necessary or convenient therefor and for the improvements determined upon as provided in Section 7 of this Act; interest upon certificates prior to and during construction or acquisition and for six months after completion of construction or of acquisition of the improvements last menti9ned; engineering and legal expenses; expense for estimates of cost and of revenues; expenses for plans, specifications and surveys; other expenses necessary or incident to determining the feasibility or practicability of the enterprise, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized and the construction or acquisition of the works and the placing of the works in operating and the performance of the things herein required or permitted in connection with any thereof.
Sec. 10. Nothing in this Act contained shall be so construed as to authorize or permit any municipality to make any contract or to incur any obligation of any kind or nature

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JouRNAL OF THE SENATE,

except such as shall be payable solely from the funds provided under this Act. Funds for the payment of the entire cost of the works shall be provided by the issuance of revenue certificates of the municipality the principal and interest of which certificates shall be payable solely from the special fund herein provided for such payment, and said certificates shall not, in any respect, be a corporate indebtedness of .such municipality. All of the details of such certificates shall be determined by ordinances or resolutions of the municipal authorities. Nothing herein contained shall be so construed as to require municipalities to construct any of the works herein authorized by contract, . but the same may be constructed directly by such municipality provided that no convict labor shall be employed thereon.
Sec. 11. Such revenue certificates shall bear interest at not more than six per cent per annum, payable annually or at shorter intervals, and shall mature at such time or times, not exceeding thirty years, as may be determined by ordinance or resolution. Such certificates may be made redeemable before maturity at the option of the municipality to be exercised by said Board, at not more than the par value thereof and a premium of not more than five per cent, under such terms and conditions as may be fixed by the ordinance or resolution authorizing the issuance of the certificates. The principal and interest of the certificates may be made payable in any lawful medium. Said ordinance or resolution shall determine the form of the certificates, including the interest coupons to be attached thereto, and shall fix the denomination or denominations of such certificates and the place or places of payment of the principal and interest thereof, which may be at any bank or trust company within or without the state. The certificates shall contain a statement on their face that the municipality shall not be obligated to pay the same or the interest thereon except from the special fund derived from the net revenues of the works, or the pro rata part thereof as provided for

SATURDAY, MARCH 11, 1933.

1155

in Section 8 hereof. All such certificates shall be, and shall have and are hereby declared to have all the qualities and incidents of, negotiable instruments under the negotiable instruments law of this State. Said certificates shall be exempt from all taxation, state, county, school and municipal. Provision may be made for the registration of any of the certificates in the name of the owner as to principal alone. Such certificates shall be executed in such manner as the municipal authorities may direct. The certificates shall be sold by the municipal "authorities in such manner as may be determined to be for the best interest of the municipality, but not at a price so low as to cause the certificate to bear more than 6 per cent interest. Any surplus of certificate proceeds over and above the cost of the works shall be paid into the sinking fund hereinafter provided. If the proceeds of the certificates, by error of calculation or otherwise, shall be less than the cost of the works, additional certificates may in like manner be issued to provide the amount of such deficit and unless otherwise provided in the ordinance or resolution authorizing the issuance of the certificates first issued or in the trust indenture hereinafter authorized, shall be deemed to be of the same issue and shall be entitled to payment without preference or priority of the certificates first issued. Prior to the preparation of the definite certificates temporary certificates may under like restrictions be issued with or without coupons exchangeable for definite certificates upon the issuance of the latter. No municipal official or member of the Board shall, in any event, be personally liable on any contract or obligation of any kind or character executed under the authority herein contained, even if said undertaking should hereafter be held ultra vires.
Sec. 12. The municipal authorities may provide by said ordinance or resolution authorizing the issuance of the certificates, or in the trust indenture hereinafter referred to, that additional certificates may thereafter be authorized and issued, at one time or from time to time, under such

. 115 6

JocRNAL OF THE SENATE,

limitations and restrictions as may be set forth in said ordinance, resolution and/or trust indenture, for the purpose of extending, improving or bettering the works when deemed necessary in the public interest, such additional certificates to be secured and be payable from the revenues of the works equally with all other certificates issued pursuant to said ordinance without preference or distinction between any one certificate and any other certificate by reason of priority of issuance or otherwise.
Sec. 13. All moneys received from any certificates issued pursuant to this Act, after reimbursements and repayments to said municipality of all amounts advanced for preliminary expenses as provided in Section 5 of this Act, shall be applied solely to the payment of the cost of the works, extensions, improvements or betterments or to the appurtenant sinking fund and there shall be and hereby is created and granted a lien upon such money, until so applied, in favor of the holders of the certificates or the trustees hereinafter provided for.
Sec. 14. In the discretion and at the option of the municipal authorities, such certificates may be secured by a trust indenture by and between the municipality and a corporate trustee, which may be a trust company or bank having powers of a trust company within or without the State of Georgia, but no such trust indenture shall convey, mortgage, or create any lien upon the works or any part thereof. The ordinance or resolution authorizing the revenue certificates and fixing the details thereof may provide that such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of certificate holders as may be reasonable and proper, not in violation of law, including covenants setting forth the duties of the municipality and the Board in relation to the construction or acquis.ition of the works and the improvement, operation, repair, maintenance and insurance thereof and the custody, safeguarding and application of all monies and may provide

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1157

that the works shall be contracted for, constructed and paid for under the supervision and approval of consulting engineers employed or designated by the Board and satisfactory to the original certificate purchasers, their successors, assignees or nominees who may be given the right to require the security given by contractors and by any depositary of the proceeds of certificates or revenues of the works or other monies pertaining thereto be satisfactory to such purchgsers, their successors, assignees or nominees. Such indenture may set forth the rights and remedies of the certificate holders and/or such trustee. Except as in this Act otherwise provided the municipal authorities may provide by ordinance or resolution or in such trust indenture for the payment of the proceeds of the sale of the certificates and the revenues of the works to such officer, board or depositary as it may determine for the custody thereof, and for the method of distribution thereof, with such safeguards and restrictions as it may determine.
Sec. 15. At or before the issuance of any such certificates the municipal authorities shall by ordinance or resolution provide for a sinking fund for the payment of the certificates and the interest thereon and the payment of the charges of banks or trust companies for making payment of such certificates or interest out of the net revenues of said works, and shall set aside and pledge a sufficient amount of the net revenues of the works, hereby defined to mean the revenues of the works remaining after the payment of the reasonable expense of operation, repair and maintenance, such amount to be paid by the Board into said sinking fund at intervals to be determined by ordinance or resolution adopted prior to issuance of the certificates, for (a) the interest upon such certificates as such interest shall fall due, and (b) the necessary fiscal agency charges for paying certificates and interest; (c) the payment of the certificates as they fall due, or, if all certificates mature at one time, the proper maintenance of a sinking fund sufficient for the payment thereof at such time and (d) a mar-

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JOURNAL OF THE SENATE,

gin for safety and for the payment of premiums upon certificates retired by call or purchase as herein provided, which margin, together with unused surplus of such margin carried forward from the preceding year, shall equal ten per cent of all other amounts so required to be paid into the sinking fund. Such required payments shall constitute a first charge upon all the net revenues of the works. Prior to the issuance of the certificates, the Board may by ordinance or resolution be given the right to use or direct the trustee to use such sinking fund or any part thereof, in the purchase of any of the outstanding certificates payable therefrom at the market price thereof, but not exceeding the price if any, at which the same shall in the same year be payable or redeemable and all certificates redeemed or purchased shall forthwith be cancelled and shall not again be issued. After the payments into the sinking fund as herein required, the Board may at any time in its discretion transfer all or any part of the balance of the net revenues, after reserving an amount deemed by the Board sufficient for operation, repair and maintenance for an ensuing period of not less than twelve months and for depreciation, into the sinking fund or into a fund for extensions, betterments and additions to the works.
Sec. 16. The municipal authorities shall have the power and it shall be their duty by ordinance or resolution to establish and maintain a just and equitable rate or charges for the use of and service rendered by such works, to be paid by the person using the same or receiving the services thereof, and may change and readjust such rates or charges from time to time. Such rates or charges shall be sufficient in each year for the payment of the proper and reasonable expenses of operation, repair, replacements and maintenance of the works and for the payment of the sums herein required to be paid into the sinking fund. Revenues collected pursuant to this section shall be deemed the revenues of the works. No such rates or charges shall be established until after a public hearing at which all the users of the

SATURDAY, MARCH 11, 1933.

1159

works and/or owners of the property served or to be served thereby and others interested shall have an opportunity to be heard concerning the proposed rates or charges. After introduction of proposal of the ordinance or resolution fixing such rates or charges and before the same is finally enacted or passed; notice of such hearing, setting forth the proposed schedule of such rates or charges shall be given by one publication in a newspaper published in the municipality, if there be such a newspaper, but otherwise in a newspaper having general circulation therein, at least ten days before the date fixed in such notice for the hearing, which may be adjourned from time to time. No other or further notice to parties at interest shall be required. After such hearing the ordinance or resolution establishing rates or charges, either as originally proposed or introduced, or as modified and amended, shall be passed or adopted and put into effect. A copy of the schedule of such rates and charges so established shall be kept on file in the office of the Board having charge of the operation of such works, and also in the office of the municipal authorities, and shall be open to inspection by all parties interested. The rates or charges so established for any class of users or property served shall be extended to cover any additional class of users or property thereafter served which fall within the same class, without the necessity of any hearing or notice. Any change or readjustment of such rates or charges may be made in the same manner as such rates or charges were originally established as hereinabove provided. The aggregate of the rates or charges shall always be sufficient for such expense of operation, repairs and maintenance, and for such sinking fund payments. If any service rate, charge or fee so established shall not be paid within thirty days after the same is due, the amount thereof may be recovered by the Board in a civil action in the name of the municipality, and in the case of charges due for service rendered by sewage system or disposal plants, waterworks systems, and similar works, such charges

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JocR~AL OF THE SENATE,

if not paid when due, shall constitute a lien upon the premises served by such works, which lien may be foreclosed against such lot, parcel of land or building so served, in accordance with the laws relating to the foreclosure of liens on real property. Upon failure of any person receiving any such service to pay for the same when due, the Board may discontinue such service without notice. Provided, however, that any party at interest who is dissatisfied with the rates so fixed shall have the right to apply to the Superior Court for injunction as provided in Section 6 of this Act, and in the absence of such application within ten days from the date such rates were fixed, the rates so fixed shall be the established rates until changed as herein provided.
Sec. 17. Any municipality issuing revenue certificates under the provisions of this Act shall install and maintain a proper system of accounts, showing the amount of revenue received and the application of the same, and the municipal authorities shall at least once a year cause such accounts to be properly audited by a competent auditor and the report of such audit shall be open for inspection at all proper times to any taxpayer, citizen of said municipality or person receiving service from said works, or any holder of certificates issued under the provisions of this Act or any one acting for and on behalf of such taxpayer, citizen, or certificate holder. The Treasurer of such municipality or other official or institution specifically charged by it with the duty, shall be custodian of the funds derived from income received from said works, constructed either in whole or in part under the provisions of this statute, and shall give proper bond for the faithful discharge of his or its duties as such custodian, which bond shall be fixed and approved by the municipal authorities. All of the funds received as income from said works constructed in whole or in part under the provisions of this Act, and all funds received from the sale of revenue certificates issued to construct such works shall be kept separate and apart from other funds of the municipality and separate accounts shall

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1161

be maintained for the several items required to be set up by Section 15 of this Act.
Sec. 18. The municipality shall be subject to the same charges and rates established as hereinabove provided, or to charges and rates established in harmony therewith, for service rendered the municipality and shall pay such rates or charges when due from corporate funds and the same shall be deemed to be a part of the revenues of the works as herein defined, and be applied as herein provided for the application of such revenues.
Sec. 19. The municipal authorities may in their discretion provide by ordinance that the custody, administration, operation and maintenance of such works shall be under the supervision and control of a Board as provided by Section 3 hereof, and in such case the municipal authorities may provide by ordinance or resolution for said Board to exercise such of the functions of the municipal authorities in connection with the matter as they deem proper, and may provide for said Board to receive such compensation as such authorities may deem proper all of which said authority and compensation shall be specifically provided for by ordinance or resolution. All compensation and expense of such Board shall be paid solely from funds provided under the authority of this Act. Such Board shall have power to establish by-laws, rules and regulations for its own government.
Sec. 20. Any municipality operating any of the works herein provided for, or which has ordered the construction or acquisition of such works (in this section called the owner) is hereby authorized to contract with one or more other municipalities within this State (in this section called lessee"), and such lessees are hereby authorized to enter into such contracts with such owners, for the service of such \Yorks to such lessees and their inhabitants upon such terms and conditions as may be fixed by the Board and approved by ordinances or resolutions of the respective con-

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JouRNAL oF THE SENATE,

tracting parties: Provided, however, that no such contract shall be made in violation of the provisions of any ordinance or resolution authorizing certificates hereunder or in violation of the provisions of any such trust indenture. The lessee shall by ordinance or resolution have power to establish, change and adjust rates and charges for the services rendered its inhabitants by the works against the persons receiving such services and the owners of the premises served, in the manner hereinbefore provided for establishing, changing and adjusting rates and charges for services rendered in the municipality where the works are owned and operated and such rates or changes shall be collectible and shall be a lien as herein provided for rates and charges made by the owner. The necessary converting, intercepting and/or appurtenant works for connecting the works of tli.e owner with the system of the lessee may be constructed by the owner and/or the lessee upon such terms and conditions as may be set forth in said contract, and the cost or that part of the cost thereof which is to be borne by the owner may be paid as part of the cost of the works from the proceeds of certificates issued under this Act unless otherwise provided by said ordinance or trust indenture prior to the issuance of the certificates. The income received by the owner under any such contract shall, if so provided in said ordinance, resolution or trust indenture, be deemed to be a part of the revenues of the works as in this Act defined and be applied as herein provided for the application of such revenues.
Sec. 21. No property shall be acquired under this Act upon which any lien or other encumbrance exists, unless at the time such property is acquired a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance in full .
.Sec. 22. Any holder of any such certificates or any of the coupons attached thereto, and the trustee, if any, except to the extent the rights herein given may be restricted by

SATURDAY, MARCH 11, 1933.

1163

said ordinance or resolution authorizing issuance of the certificates or by the trust indenture, may either at law or in equity, by suit, action, mandamus or other proceeding protect and enforce any and all rights granted hereunder or under such ordinance, resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such ordinance, resolution or trust indenture to be performed by the municipality issuing the certificates or by the board or any officer, including the making and collecting of reasonable and sufficient charges and rates for services rendered by the works. If there be any failure to pay the principal or interest of any of the certificates on the date therein named for such payment, any court having jurisdiction of the action may appoint a receiver to administer the works on behalf of the municipality and the certificate holders and/or trustee, except as so restricted, with power to charge and collect rates sufficient to provide for the payment of the expenses of operation, repair and maintenance and also to pay any certificates and interest outstanding and to apply the revenues in conformity with this Act and the said ordinance, resolution and/or trust indenture.
Sec. 23. The authority and powers herein granted to municipalities may be exercised jointly by two or more municipalities which are hereby authorized to contract with each other and/or with other parties in reference to the acquisition, construction, improvement, extension, and/or operation of such works, and in the case of toll bridges or ferries across State line rivers, any one or more Georgia municipalities may so contract with municipalities, boards or agencies of other adjoining states.
Provided, however, that if any toll bridge is constructed as provided for herein which may be a part of any State or Federal Aid road, then and in that event, the consent of the State Highway Board of Georgia shall be obtained in writing before such project is constructed, and after a suf-

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JocRNAL oF THE SENATE,

ficient amount of toll is collected to repay the construction costs of such bridge, no further toll shall be charged for the use of said bridge but the same shall become a part of the State Aid road system.
Sec. 24. The authority herein given shall be in addition to and not in derogation of any power existing in any municipality under any constitutional, statutory or charter provisions which it may now have or may hereafter acquire or adopt. For all purposes of this Act, municipalities shall have jurisdiction for ten miles outside of the corporate limits thereof, except where such zone would overlap with another municipality, in which event the meridian line of the overlapping zone shall be the dividing line of their respective jurisdictions.
Sec. 25. This Act, shall, without reference to any other
statute be deemed full authority for the construction, acquisition, improvement, equipment, maintenance, operation and repair of the works herein provided for and for the issuance and sale of the certificates by this Act authorized, and shall be construed as an additional and alternative method therefor and for the financing thereof, and no petition or election or other or further proceeding in respect to the construction or acquisition or improvement of the works or to the issuance or sale of certificates under this Act and no publication of any resolution, ordinance, notice or proceeding relating to such construction, improvement or acquisition or to the issuance or sale of such certificates shall be required except such as are prescribed by this Act, any provisions of other statutes of the State to the contrary notwithstanding.
Sec. 26. This Act being necessary for the public health, safetv and welfare, it shall be liberally construed to effectuate the purposes thereof.
Sec. 27. The sections and provisions of this Act are separable and are not matters of mutual essential inducement,

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1165

and it is the intention to confer the whole or any part of the powers herein provided for, and if any of the sections or provisions or parts thereof is for any reason held to be illegal, it is the intention that the remaining sections and provisiOns or parts thereof shall remain in full force and effect.
Sec. 28. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed.

The substitute was adopted.
. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill by substitute the ayes were 28, the nays 0.
The bill by substitute having received the requisite Constitutional majority, was passed.
By unanimous consent the bill was ordered immediately transmitted to the House.
The following bills of the House were read the third time and put upon their passage:

By Messrs. Rawlins of Telfair, and Holt of WilcoxHouse Bill No. 554. A bill to define gum turpentine
and its products.
The report 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.

1166

JouRNAL OF THE SENATE,

By Messrs. DeFore, Park and Gillen of Bibb-
House Bill No. 74. A bill to regulate the preparation and recording of maps or plats of survey of tracts of land.
The report 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. Mundy of Polk-
House Bill No. 457. A bill fixing the fiscal year period in this 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 26, the nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Mundy of Polk-
House Bill No. 447. A bill amending the Act making the income of the University of Georgia permanent, 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 \>ill the ayes were 30, the nays 0.
The bill having received the requisite Constitutional majority, was passed.
Senate Resolution No. 68, a resolution to amend the Constitution as to taxation for school purposes, was taken up for passage. By unanimous consent further action on the resolution was postponed.

SATURDAY, MARCH 11, 1933.

1167

By unanimous consent Senate Bill No. 3, a bill by Senator Cail of the 17th District, was withdrawn from the Senate.
Senator Terrell of the 37th District asked unanimous consent that the caption of Senate Bill No. 256 be read the second time. The consent was granted and the caption was read.
The following Bill of the House was read the third time and put upon its passage:

By Messrs. Hartsfield of Fulton, and Davis of Troup-
House Bill No. 439. A bill providing for the acquisition and construction of airports, 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 having received the requisite Constitutional majority, was passed.
By unanimous consent House Bill No. 43 7 was postponed.

By Messrs. Lindsay of DeKalb, Tate of Pickens, and Flynt of Spalding-
House Bill No. 100. A bill to make of force the Code approved by the Code Commission appointed August 27, 1929.
General Judiciary Committee No. 1 moved to amend
House Bill No. 100, by striking from Section 5 thereof the
number ten wherever the same appears and substituting in lieu thereof the number fifteen; and by striking from Section 8 thereof the number ten wherever the same appears and substituting in lieu thereof the number fifteen.
The amendment was adopted.

1168

JouRNAL OF THE SE~An:,

The report of the committee, which was favorable to the passage of the bill as amended was agreed to.

As the bill carried an appropriation of money the roll was called and the vote was as follows:

Andrews Baggett Boyd Boykin Cail Campbell Carithers Cloud Colson Conner Dorminy

Fetzer Groover Haralson Hogg Howard of the 2nd Hubbard Hutcheson Key Knox Lovett Moore

Morris of the 39th Morris of the 5th Nelson Oliver Paschall Pottle Sims Sisk Sparks Terrell Turner Tuten

The ayes were 34, nays 0.

The bill as amended having received the requisite Constitutional majority, was passed.

By unanimous consent the bill was ordered immediately transmitted to the House.

The report of the joint committee appointed under Senate Resolution No. 43, to investigate and report upon charges of improper conduct on the part of officials of the Department of Agriculture, submitted the following report, which was received, read, and ordered spread upon the Journal; and the evidence adduced at the said investigation and which accompanied this report was ordered filed with the Secretary of the Senate:

To the Senate and House of Representatives of Georgia:
Your joint committee appointed under the terms of Senate Resolution No. 43 to investigate and report upon charges of improper conduct on the part of the officials of the Department of Agriculture, beg leave to submit the following report:

SATURDAY, MARCH 11, 1933.

1169

Your committee has met with much difficulty in tracing reports relative to the Department of Agriculture and in securing testimony in support of charges made against officials thereof. Witnesses have been widely scattered and it has been difficult to bring them before us. The committee has been forced to trace many rumors in order to determine their value. The investigation has been conducted as rapidly as other important legislative duties would permit and hearings have been concluded earlier than we would like, and earlier than was expedient, because of lack of time.
The resolution under which the committee acts requires a report during the present session of the General Assembly, and as same has only one more week to run, we are forced to discontinue the gathering and hearing of evidence in order to be able to make report as provided by the resolution.
The committee has heard many witnesses upon the subject of our inquiry and transmit herewith a stenographic report of all testimony, in two volumes, marked respectively Volume 1, and Volume 2, for the consideration of both
branches of the General Assembly, and as a basis for such
action as may be deemed advisable. Such documentary evidence as has been submitted to the committee is being transmitted and filed with the Clerk of the House of Representatives.
The sense of the committee is that considerable of the testimony has been reluctantly given, and in many instances has been evasive, indicating that the witnesses were withholding testimony of important matters within their knowledge.
The committee was peculiarly struck with the attitude assumed by Mr. G. C. Adams, Commissioner of Agriculture, in giving testimony. All of the testimony given by Mr. Adams was evasive and his recollection upon matters

1170

JouRNAL OF THE SENATE,

important to himself as well as important on the subject of our inquiry, was so obviously assumed that it indicated to the committee he was unwilling to testify to the truth of the transactions inquired about. He was totally unable to identify or deny signatures appearing to be his own on letters and checks. In his testimony he declined repeatedly to either admit or deny transactions about which he was questioned. No positive reply to any question of consequence could be elicited from Mr. Adams. When questioned about the details of his campaign Mr. Adams took the attitude of being entirely ignorant of matters pertaining to his campaign headquarters and the conduct of his campaign. He likewise assumed the attitude of utter ignorance as to the headquarters maintained by or for him subsequent to his campaign, same being matters in which he was vitally cqncerned and about which he of necessity should have had complete knowledge and understanding.
Mr. Adams apparently was in a state of uncertainty as to his connection with his own campaign activities and with agencies set up by him for the conduct of his before and after campaign activities. He apparently adopted all actions of his campaign headquarters when favorable to his cause, but denied or evaded any responsibility for activities detrimental to him. It is the conclusion of the committee that Mr. Adams was unwilling to give to the committee full details of his actions both before and after his induction into office and withheld from the committee information which would have established either his innocence or his guilt. The committee desires to report that all hearings during this inquiry were open to the public and press and notice of the time and place of same was given, and Mr. Adams and his attorneys were given opportunity to cross examine all witnesses called and the opportunity to summon all witnesses desired by him. During the hearing the witnesses were not segregated, but all testimony was taken publicly. Your committee has not sought to act in the capacity

SATURDAY, MARCH 11, 1933.

1171

of detectives, but invited information upon the subject of the inquiry and endeavored to act judicially in bringing to light all facts regarding the subject of the inquiry of which they had information in the time available. However, the committee has had notice of many witnesses who might be able to throw light upon the subject of the inquiry, but whom the committee did not have opportunity to summon before them because of their distance from the seat of the inquiry, the lack of time and expense incident to their appearance.

CAMPAIGN FUNDS AND STATEMENT
The committee finds that the Commissioner of Agriculture, Mr. G. C. Adams, filed a statement with the Comptroller-General, setting forth that he had expended during his campaign the sum of $887.00, while evidence was adduced to show that $115 5.00 was collected for the benefit of his campaign, prior to September 14, 1932, which was not incorporated in his report of campaign receipts and expenditures as required by Section 92 of the Code of Georgia, which also was in addition to the $887.00 actually reported. We further find that subsequent to the September 1932 Primary, the sum of $2,485.00 is reported as having been collected for the benefit of Mr. Adams, some of this fund being in the form of checks payable to Mr. G. C. Adams, bearing his endorsement, and testified to as having been delivered to Mr. Adams, the signature of Mr. Adams being identified by witnesses.

MISCONDUCT IN OFFICE
Your committee finds and begs leave to repo~ that in the month of January considerable sums of money was demanded of the employees in the Department of Agricul-
ture by J. Vv. Rountree, Director of the Bureau of Mar-
kets, formerly manager of the campaign of G. C. Adams, w.ithout explanation of the use to which same was to be

1172

JouRN .\L OF THE SENATE,

put, coupled with the injunction that no questions were to
be asked; that said sums were paid over to the said J. Vv.
Rountree; the said Rountree testified that said funds were to be expended in an effort to recover a certain check given
by J.P. Yarbrough to G. C. Adams for the sum of $125.00
(which check is incorporated in the record), which said check was alleged to have been taken from the Fulton
National Bank upon a forged receipt of the said J. P.
Yarbrough. The committee suggests that the recovery of the check may have been important to the welfare of Mr.
G. C. Adams and that the collection of these funds from
the employees of the Department constituted extortion, and that while the testimony does not disclose knowledge of this
transaction on the part of G. C. Adams, the matter is open
to inquiry. The committee has no hesitancy in condemning such practices.
The committee calls attention to the testimony of J. W.
Rountree in which he says that Mr. G. C. Adams had full
knowledge of all donations and payments made to Rountree by persons paying money, both before and after Adams was inducted into office and that said transactions were with the full knowledge and approval of Mr. Adams.
Further attention is called to the testimony of l\Jr. J. W.
Rountree in which he states that some persons were given receipts for money in which receipts it was stated that the money was to be returned to them in the event they received no job or same was unsatisfactory. The attention is also called to the testimony of Mr. T. P. Singleton to the effect that a receipt of this character was given to him.
- Under the resolution, as construed by this committee, we
are not charged with the duty of drawing conclusions of guilt or innocence, or making recommendations as to future procedure, if any, and in view of this construction of the resolution by the committee we submit the evidence adduced

SATURDAY, MARCH 11, 1933.

1173

for such disposition as may be deemed proper in the premises.
Respectfully submitted,
J. T. SISK, Chairman, A. S. JOHNSON, D. S. STRICKLAND.

To the Senate and House of Representatives:
The undersigned as members of the joint committee appointed under the terms of Senate Resolution No. 43 t'o investigate alleged improper conduct upon the part of officials of the Department of Agriculture beg leave to submit the following report:
\Vithout quoting in detail from the mass of testimony taken over a period of several weeks, which testimony has
been reduced to writing and comprises a record of 350 pages of typewritten matter, we find that Mr. G. C. Adams,
Commissioner of Agriculture, placed Mr. J. \V. Rountree,
of Atlanta, in charge of the former's campaign for election as Commissioner of Agriculture in the primary election last fall, and that Mr. Rountree later was in charge of Mr. Adams' campaign headquarters which were kept open after the election until Mr. Adams was inducted into office, Mr. Rountree was placed in charge of the Bureau of Markets in the office of Commissioner of Agriculture. We find that before the primary election in September, after the primary and until January 1, 1933 when Mr. Rountree was selected as Director of the Bureau of Markets, and during the time Mr. Rountree was Director of Markets, Mr. Rountree received various sums of money irregularly and improperly, in connection with campaign expenses of Mr. Adams, and that Mr. Rountree was responsible for having a number of persons appointed to office in the Department of Agriculture, who should not have been appointed.

1174

jOURNAL OF THE SENATE,

The testimony is not sufficient in our opinion to warrant a finding or a report on the part of the undersigned that Mr. Adams was fully .cognizant of the actions and doings of Mr. Rountree and that he should be held accountable therefor.
All the evidence submitted to the committee is transmitted to the House and Senate for examination and for such action thereon as each body may see fit to take.
Respectfully submitted,
SHELBY MYRICK, of the House, Chairman,
R. \V. CAMPBELL, of the 34th District.

The Senate took up Senate Bill No. 128, a bill to provide for the collection, accounting and deposit of public funds, for the purpose of considering the following House amendments :
Mr. Davis of Mitchell moved to amend Senate Bill No. 128 by striking therefrom sub-section (f) of Section 9 of said Senate Bill.
The Senate agreed to the House Amendment.
Mr. Davis of Mitchell moved to amend Senate Bill No. 12 8 as follows :
By striking out of sub-paragraph (h) of Section 9 of Senate Bill No. 128 the words "except illegalities to such executions issued for delinquency as to State funds, other than an alleged default by a Tax Collector, shall be returned to the Superior Court of Fulton County" wherever they occur in said sub-paragraph (h) of said Section 9.
The Senate agreed to the House Amendment.
Mr. Davis of Mitchell moved to amend sub-section (h) of Section 9 of Senate Bill No. 128 by striking from said sub-section the following words composing a sentence of

SATURDAY, MARCH 11, 1933.

1175

said sub-section as follows: "At least twenty days prior to the trial, if the defendant in execution shall so demand, at the time of filing the affidavit of illegality, or his action in equity, the officers or authority issuing the execution shall file in the court a bill of particulars showing in detail the nature of the default or delinquency claimed."
The Senate agreed to the House Amendment.
Mr. Davis of Mitchell moved to amend Section 7 of Senate Bill No. 128 as follows:
By striking the period at the end of Section 7 and inserting a comma and by then adding at the end of Section 7 and to become a part thereof, the following: "Provided said failure to account is attributable solely to the failure or insolvency of such depository."
The senate Agreed to the House Amendment.
The following Bills of the House were introduced, read the first time, and referred to committees:

By Messrs. Harris of Richmond and Culpepper of Fayette and others-
House Bill No. 404. A bill to amend Section 1207 of the Civil Code of 1910 providing for the amount of bonds of Tax Collectors of this State, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Calhoun of 'Vilkes-
House Bill No. 657. A bill to amend an Act approved August 20, 1929, pages 260-268, inclusive, designating certain highway mileage in Wilkes County, and for other purposes.
Referred to Committee on Highways.

1176

JocR~AL oF THE SENATE,

By Mr. Patten of Tift-
House Bill No. 690. A bill to amend an Act creating a new charter of the City of Tifton to change the present City Commissioner Form of Government to a Mayor and Council Form of Government; and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 757. A bill to provide that no person, firm or corporation shall establish, maintain or operate any public dance hall, swimming pool, or other place of public amusement outside of cities with a certain population, without the permission of County Commissioners, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 758. A bill to amend an Act that m counties of .a certain population the power shall be vested in the Board of County Commissioners, or Ordinary to grant permission to establish cemeteries, sanatoriums, etc., and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Stanton and Twitty of Ware-
House Bill No. 761. A bill to amend an Act approved August 17, 1909, creating a new charter for the City of \Vaycross as amended by an Act approved August 16, 1922 so as to provide an optional form of government in said City, and for other purposes.
Referred to Committee on Municipal Government.

SATURDAY, MARCH 11, 1933.

1177

By Mr. Donaldson of BullochHouse Bill No. 762. A bill to create a new charter for
the City of Millen, etc., and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Minchew of Atkinson-
House Bill No. 768. A bill to amend an Act to create the office of Commissioner of Roads and Revenues in the County of Atkinson; to provide for the election of such Commissioner; and for other purposes.
Referred to Committee on Counties and County l\Iatters.

By Mr. Pound of Hancock-
House Bill No. 771. A bill to abolish the office of County Treasurer of Hancock County, Georgia, and to provide in what manner the funds of said County shall be deposited and disbursed, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 773. A bill to amend an Act to provide a new charter for the Town of Stone Mountain, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Bean and Dorsett of Carroll-
House Bill No. 781. A bill to amend the Act to establish a system of public schools for the City of Carrollton so that the City of Carrollton shall constitute an independent school district, and for other purposes.
Referred to Committee on Education.

1178

JoGRNAL oF THE SENATE,

By Messrs. Sutton and Parker of Colquitt-
House Bill No. 783. A bill to create the office of Cornmissioner of Roads and Revenues of Colquitt County, Georgia, to provide for his selection and removal, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Davis of Mitchell and others-
House Bill No. 788. A bill to amend an Act to create a new charter for the City of Camilla, and for other purposes.
Referred to Committee on Municipal Government.

By Messrs. Lindsay of DeKalb and Eckford of Fulton-
House Bill No. 789. A bill to amend an Act to establish a new charter for the City of Atlanta, and for other purposes.
Referred to Committee on Municipal Government.
By Messrs. Brunson and Chappell of Laurens-
House Bill No. 791. A bill to amend an Act to create a new charter for the City of Dublin, and for other purposes.
Referred to Committee on Municipal Government.
By Mr. Johnson of Montgomery-
House Bill No. 796. A bill to reduce the bond of the Sheriff of Montgomery County, Georgia, and for other purposes.
Referred to Committee on General Judiciary No. 1.
By Mr. Dickey of Gordon-
House Bill No. 806. A bill to amend an Act creating

SATURDAY, MARCH 11, 1933.

1179

a new charter for the City of Calhoun, in the County of Gordon, and for other purposes.
Referred to Committee on Municipal Government.
The following Resolutions of the House were introduced, read the first time, and referred to committees:

By Messrs. Lindsay, Hudgins and Turner of DeKalb-
House Resolution No. 129-59la. A resolution to authorize the State Librarian to furnish Municipal Court of Atlanta with certain Supreme and Court of Appeals Reports, and for other purposes.
Referred to Committee on Public Library.

By Messrs. Cartledge of Richmond, Myrick and Alexander of Chatham, and others-
House Resolution No. 136-640b. A resolution to designate and name the George Washington Highway.
Referred to Committee on Highways.
By Messrs. Crawford, Davis and Lanham of Floyd-
House Resolution No. 139-647b. A resolution to relieve W. H. Coker, of Floyd County, as bondsman, and for other purposes.
Referred to Committee on Generaf Judiciary No. 2.

By Messrs. Strickland of Douglas, Johnson of Montgomery and Myrick of Chatham-
House Resolution No. 187. A resolution to provide for the payment of the expenses incidental to the Agriculture Department Investigating Committee, and for other purposes.

1180

}OURN.--\L OF THE SENATE,

Referred to Committee on Finance.
Senator Terrell of the 37th District moved that the Senate adjourn, and the motion prevailed.
The President announced that the Senate stood adjourned until ten o'clock Monday morning, next.

MONDAY, MARCH 13, 1933.

1181

SENATE CHAMBER, ATLANTA, GEORGIA.
MONDAY, MARCH 13, 1933.
The Senate met, pursuant to adjournment, at ten o'clock this day and was called to order by the President.
Prayer was offered by the Reverend Doctor T. M. Luke of the Christian Church.
By unanimous consent the calling of the roll was dispensed with.
Senator vVeaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of the previous session and found it correct.
By unanimous consent the reading of the Journal was dispensed with, and the Journal was confirmed.
By unanimous consent House Bill No. 498 was withdrawn from the Committee on General Judiciary No. 2 and recommitted to the Committee on Counties and County Matters.
By unanimous consent House Bill No. 499 was withdrawn from the Committee on General Judiciary No. 1 and recommitted to the Committee on Counties and County Matters.
By unanimous consent House Bill No. 639 was withdrawn from the Committee on Hygiene and Sanitation and recommitted to the Committee on Counties and County Matters.
By unanimous consent House Bill No. 640 was withdrawn from the Committee on Municipal Government and recommitted to the Committee on Counties and County Matters.

1182

JOURNAL OF THE SENATE,

By unanimous consent House Bill No. 761 was withdrawn from the Committee on Municipal Government and recommitted to the Committee on Counties and County Matters.
By unanimous consent House Bill No. 404 was withdrawn from the Committee, read the second time, and recommitted.
The following Bills of the Senate were introduced, read the first time, and referred to committees:

By Senator Knox of the 3rd District-
Senate Bill No. 265. A bill to amend Section 3306 of the Civil Code to provide for filing an affidavit of illegality.
Referred to Committee on General Judiciary No. 2.

By Senator Tuten of the 46th DistrictSenate Bill No. 266. A bill to repeal an Act creating a
Text Book Commission.
Referred to Committee on Education.

By Senator Sims of the 35th District-
Senate Bill No. 267. A bill to amend an Act establishing a new charter for the City of Atlanta, to enlarge powers of the Mayor and Council in emergencies.
Referred to Committee on Municipal Government.

By Senator Conner of the 14th District-
Senate Bill No. 268. A bill to provide for the inoculation of dogs.
Referred to Committee on Hygiene and Sanitation.

MoNDAY, MARCH 13, 1933.

1183

By Senator Hutcheson of the 44th District-
Senate Bill No. 269. A bill to amend the charter of the Town of Linwood.
Referred to the Committee on Municipal Government.

By Senator Key of the 28th District-
Senate Bill No. 270. 1\ bill to provide for the consolida-
tion of two or more banks.
Referred to Committee on Banks and Banking.
Mr. Campbell of the 34th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

!Yfr. President:
Your Committee on Motor Vehicles have had under consideration the following Bills of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 261. Do pass.
Senate Bill No. 146. Do not pass.
CAMPBELL OF THE 34TH DISTRICT.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
!vir. President:
The House has passed by the reqms1te Constitutional majority the following Bills of the Senate, to-wit:

By Mr. Culpepper of the 36th District-
Senate Bill No. 206. A bill to provide for holding four terms in each year of the Superior Court of Meriwether

1184

JouRNAL oF THE SENATE,

County; to provide for the time of holding the same; to provide for drawing the grand jury, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House has disagteed to the Senate Amendment to the following Bill of the House, to-wit:

By Mr. Lindsay of DeKalb and others-
House Bill No. 100. A bill to adopt and make of force the Code of Laws, approved by the Code Commission, and for other purposes.
The House respectfully requests the appointment of a Committee of Conference, on the part of the Senate, to confer with a like committee to be appointed, on part of the House on House Bill No. 100.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

11-1r. President:
The House has passed as amended by the requisite Constitutional majority the following Bills of the Senate, to-wit:

By Mr. Sims of the 35th District-
Senate Bill No. 213. A bill to regulate the issuing of Tax fi. fas. in counties of 200,000 population, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

MmmAY, MARCH 13, 1933.

1185

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

By Messrs. Pound of Hancock and Claxton of Johnson-
House Bill No. 548. A bill to amend an Act approved August 26th, 1925, pages 211-216 of the Acts of the General Assembly for the said year entitled, "An Act to regu' late the business of fire and casualty insurance in this State, and for other purposes."
By Messrs. Stanton and Twitty of Ware-
House Bill No. 760. A bill to amend an Act to establish the City Court of vVaycross, in and for the County of vVare, and for other purposes.
By Mr. Rawlins of Ben Hill-
House Bill No. 77 5. A bill to amend an Act revising
the charter of the City of Fitzgerald, approved August 17, 1914, and for other purposes.
By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 78 6. A bill to amend an Act to create and organize Commissioners of Chatham County, who shall be ex-officio Judges, and for other purposes.
By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 805. A bill to provide that in Counties in this State having a certain population, the Sheriffs shall collect the taxes due the State and County in all cases in which executions and/or fi. fas. shall be issued, and for other purposes.
By Messrs. Parker and Sutton of Colquitt-
House Bill No. 810. A bill to amend an Act entitled an

1186

jOURNAL OF THE SENATE,

Act to create a new charter for the City of Moultrie, and for other purposes.

By Mr. Jenkins of Dooly-
House Bill No. 814. A bill to provide for the constructing and financing of a County High School building, Dooly County, and for other purposes.
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 Resolutions of the House, to-wit:

By Mr. Duncan of Houston-
House Resolution No. 183-803a. A resolution providing for the purchase and use of the products of the farms, mines and factories of the State of Georgia by the Supervisor of Purchases on the Boards, Departments and Institutions of the State in preference to those produced elsewhere.

By Mr. Mundy of Polk-
House Resolution No. 192. A resolution providing for the members and officers after adjournment, and for other purposes.

Mr. President:
Your Committee on Engrossing has read and approved the following Senate Bills, Nos. 99, 184, 251, 254, 255, and report the same back as being ready for transmission to the House.
Respectfully submitted,
W. F. ANDREWS, Chairman.

MONDAY, MARCH 13, 1933.

1187

The following Resolution of the House was read the first time and referred to the committee:

By Mr. Duncan of Houston-
House Resolution No. 183-803a. A resolution providing for the purchase and use of the products of the farms, mines and factories of the State of Georgia by the Supervisor of Purchases on the Boards, Departments and Institutions of the State in preference to those produced elsewhere.
Referred to Committee on Agriculture.
The following Bills of the House were read the first time and referred to committees-

By Messrs. Pound of Hancock and Claxton of Johnson-
House Bill No. 548. A bill to amend an Act approved August 26, 1925, pages 211-216 of the Acts of the General Assembly for the said year entitled, "An Act to regulate the business of fire and casualty insurance in this State," and for other purposes.
Referred to Committee on Insurance.
By Messrs. Stanton and Twitty of Ware-
House Bill No. 760. A bill to amend an Act to establish the City Court of Waycross, in and for the County of Ware, and for other purposes.
Referred to Committee on Counties and County Matters.

By Mr. Rawlins of Ben Hill-
House Bill No. 77 5. A bill to amend an Act revising the charter of the City of Fitzgerald, approved August 17, 1914, and for other purposes.
Referred to Committee on Municipal Government.

1188

JocRNAL oF THE SE""ATI~,

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 786. A bill to amend an Act to create and organize Commissioners of Chatham County, who shall be ex-officio Judges, and for other purposes.
Referred to Committee on Counties and County Matters.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 810. A bill to amend an Act to create a new charter for the City of Moultrie, and for other purposes.
Referred to Committee on Municipal Government.

By Mr. Jenkins of Dooly-
House Bill No. 814. A bill to provide for the construction and financing of a County High School building, Dooly County, and for other purposes.
Referred to Committee on Education.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 80 5. A bill to provide that in counties
in this State having a certain population the Sheriff shall collect the taxes due the State and County in all cases in which executions and/or fi. fas. shall be issued; and for other purposes.
Referred to Committee on Counties and County Matters.
The following Bills of the House were read the third time and put upon their passage:

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 340. A bill to provide for the payment of a salary in lieu of fees to Clerks of the Superior Court of Counties in this State having by the U. S. Census of

Mo~o.w, MARCH 13, 1933.

1189

1930, a population of from 21,120 to 22,300, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Parramore of Bleckley-
House Bill No. 753. A bill to fix the amount of bond for
the Sheriff of Bleckley 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 34, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Goodwin and Scruggs of \Vashington-
House Bill No. 767. A bill to amend an Act incorporating the Town of Deepstep, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Boyd of Greene-
House Bill No. 793. A bill to fix the amount of bond for the Sheriff of Greene County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1190

JouR~i\L oF THE SENATE,

On the passage of the bill, the ayes were 36, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Comas of Appling-
House Bill No. 801. A bill to amend an Act approved July 29, 1915 creating a Board of Commissioners for Appling 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 34, 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 Cloud of the 19th District-
Senate Bi]l No. 258. A bill to reduce the bond of the Sheriff of Taliaferro County, Georgia, from $10,000.00 to $3,000.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Pottle of the lOth District-
Senate Bill No. 259. A bill to provide an alternative law under which the County Commissioners or other officers having charge of the fiscal affairs of any county, where the population of said county does not exceed 19,000 inhabi-

Mo~DAY, MARCH 13, 1933.

1191

tants, etc., shall be required to abolish in such counties the fee system for compensating the officers herein named, except those fees and compensations which are paid by 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 33, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Sims of the 35th District-
Senate Bill No. 211. A bill to reduce the salaries and costs in 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 29, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following resolution was read and adopted:
By Senators Terrell of the 37th District, Cail of the 17th District and Lovett of the 16th District:

A RESOLUTION
Whereas, the Honorable G. A. Weaver, Senator from the Twenty-fifth Senatorial District, has been so thoughtful of and gracious to his colleagues in the Senate and the attaches in presenting them a box of beautiful flowers, brought from his home,
Therefore, be it resolved that this Senate express its thanks to this generous, thoughtful, golden-hearted Georgtan.

1192

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

The Committee on Rules submitted the following report, which was read and adopted:

Mr. President:
Your Committee on Rules establishes the following order of business for today' s session, immediately following the period of Unanimous Consents, to-wit:
Senate Bill No. 253, Tuten. Cotton Holiday.
Senate Bill No. 252, Culpepper of the 36th. No Cotton 1934.
House Bill No. 18 7, Strickland, Johnson and Myrick. Expenses Incidental to Investigating Agricultural Department.
Senate Bill No. 68, Hubbard of the 31st. School Tax Levy Amendment.
Senate Bill No. 98, Dean of the 11th. Appropriating $2,070.00 from Cigar and Cigarette Tax for Payment of Checks Caught in Insolvent Banks.
Senate Bill No. 174. Branch Banking.
Senate Bill N"o. 114, Hubbard of the 31st. School Code.
Senate Bill No. 261, Haralson of the 40th. Amending Motor Vehicle Laws.
House Bill No. 117, Hartsfield of Fulton. No Garnishment Before Judgment.
House Bill No. 56, Evans of McDuffie. Burial Insurance.
House Bill No. 251.
House Bill No. 305, Jones of Lumpkin. Monthly Distribution of Gas Tax on Counties.
House Bill No. 377, Fagan of Peach and others.

MmmAY, l\lARCH 13, 1933.

1193

House Bill No. 43 7, Hartsfield of Fulton. Regulation of Aviation.
House Bill No. 448, Mundy of Polk. Amend Income Tax Laws to Make Refunds.
House Bill No. 749, Burton of Franklin. Amend Highway Repayment Act to Permit Discount of Certificate of 5'if Per Annum.
The foregoing bills to be taken up as they appear in their order in this calendar, except when the President considers it advisable to call up, either at his own instance, or on the motion of the Senate, any House or Senate Bill.
Your committee makes the following recommendation for limitation of debate; each proponent of a bill shall be limited to ten minutes; one selected opponent shall be limited to twenty minutes except where there is a minority report in which case the opponents shall have the same time as the proponent. Any Senator desiring to debate any question shall be limited to five minutes' time for debate.
Respectfully submitted,
GEO. vV. FETZER, Vice-Chairman,
WM. M. LESTER, Secretary.

The following message from His Excellency, Governor
Talmadge, on the subject of his veto of Senate Bill No. 52,
was received through his secretary, Mrs. Eva G. Drew, and read:

To the President of the Senate and the Honorable Members of the Senate:

To the Speaker of the House and the Honorable Members of the House:
Senate Bill No. 52 has reached my desk.

1194

}OCRNAL OF THE SENATE,

I have read this bill. very carefully and have conferred with various bankers, citizens, and members of the House and Senate on the terms of this Act.
I realize that this Act was passed by the House and Senate with the very best motives as an emergency Act.
In times of stress any hurried action by legislative bodies is usually unwise.
I cannot approve this bill for the following reasons:
It gives the authority to a Board or to the Superintendent
of Banks to limit withdrawals of depositors in the State Banks.
I am informed that it is the intention of the State Super-
intendent of Banks to limit the withdrawals to 5% of the
deposits for at least 30 days.
I am also informed that the State Superintendent of Banks is opposed to the issuance of Clearing House Certificates or scrip. I also understand that a majority of the members of the Board named in this Act are agreed with the Superintendent of Banks on these questions.
The members of this Board are all bankers and all banks are directly under the supervision of the Superintendent of Banks.
This bill practically guaranteed a moratorium to the Banks of the State. The terms of this Act would make ordinary clearings impossible and these clearings are of course necessary for banking business.
A shipment of fertilizer or shoes or overalls or wire generally carries a sight draft or bill of lading attached.
In 90% of the cases this sight draft is more than 5% of
a merchant's account. This being true all mercantile business, or garage business, and every other kind of business,

MONDAY, MARCH 13, 1933.

1195

unless it is that of the very wealthy who could go on a 5%
of their cash, would be stifled.
In 1907 we had an emergency similar to this.
The Banks of the State issued scrip and turned a depression into a wave of prosperity.
Several points in the State have already issued scrip or Clearing House Certificates. Several banks in adjacent States have issued scrip or Clearing House Certificates, and all report that it is working satisfactorily.
If this bill is approved and my information as to the position of the Superintendent of Banks that he will not issue scrip or Clearing House Certificates is correct, then the scrip or certificates that are now in float in Georgia will be immediately annulled and withdrawn from circulation.
If the bill is not approved, Clearing House Certificates or scrip can be floated upon the sound assets of the State Banks of Georgia that will take care of the situation and allow them to pay all demands, and will, at the same time, keep the current of commercial business in the State flowing.
Scrip or Clearing House Certificates will pass hands. It will pay debts that would not be paid by money. Scrip or certificates will be returned to the banks for deposit, when people drawing money from the banks would not redeposit it under present conditions.
The President of the United States granted an indefinite holiday to National Banks. The Governors of adjacent States have granted an indefinite holiday to State Banks. Should this bill not become operative in the State of Georgia I, as Governor, would allow a sufficient holiday for all banks in the State of Georgia to avail themselves of the opportunity to issue Clearing House Certificates or scrip.

1196

]OFR~AL OF THE SE~ATE,

My opinion of this law is that should it become operative
and the banks try to run on a 5% withdrawal it would mean
the beginning of the liquidation of the State Banks.
It is manifestly unfair to grant one line of business an advantage which is not enjoyed by all lines of business.
For the above reasons I veto this bill.
Should the House and Senate see fit to sustain my veto, I feel that the situation can be better handled by the banks themselves under the present law.
Should the House and Senate see fit to override my veto, I respectfully abide by the wishes and judgment of the General Assembly.
EUGENE TALMADGE,
Governor of Georgia.
Senator Colson of the 4th District asked unanimous consent that the Senate take up for consideration of the veto of Senate Bill No. 52 immediately after reconvening this afternoon, and the consent was granted.
The following Bill of the Senate was read the third time and put upon its passage:
By Senators Culpepper of the 36th District, Tuten of the 46th District, Hogg of the 13th District, Lewis of the 20th District, Conner of the 14th District, Hutcheson of the 44th District, Lovett of the 16th District, and Haralson of the 40th District-
Senate Bill No. 253. A bill to prohibit the growing of cotton in the year 1934.
Senator Howard of the 24th District offered the following amendment, which was adopted :
"Amend by striking out Section 3, and by properly renumbering the following sections."

MoNDAY, MARCH 13, 1933.

1197

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

There was a minority report.

On the passage of the bill 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:

Boyd Cail Campbell Carithers Conner Culpepper Dean Fetzer Goldin

Groover Haralson Hogg Howard of the 24th Hutcheson Jackson Knox Lester Lewis

Lovett Mallett Rivers Sisk Sparks Terrell Tuten weaver

Those voting in the negative were Senators:

Alston Andrews Boy kin Cason Cloud Colson

Fudge H award of the 2nd Key Moore Morris of the 39th Morris of the 5th

Kelson Oliver Paschall Robertson Sims Turner

The ayes were 26, nays 18.

The roll call was verified.

The bill as amended having received the requisite Constitutional majority, was passed.

Not voting: Senators Baggett of the 51st District, Dorminy of the 45th District, Edmondson of the 42nd District, Hubbard of the 31st District, Pottle of the 1Oth District, and Tate of the 41st District.

Senator Fetzer of the 1st District moved that when the Senate adjourns today, it stand adjourned until 2:30 o'clock this afternoon. The motion prevailed.

1198

JocR::-.:AL OF THE Sn<ATE,

The following Resolution of the House was taken up for consideration:

By Messrs. Strickland of Douglas, Johnson of Montgomery and Myrick of Chatham-

House Resolution No. 18 7. A resolution to provide for the payment of expenses and incidentals of the Committee on Investigation of the Agricultural Department.
The President ordered the resolution returned to the House for the reason that it had been read in the House only one time.

The hour of adjournment having arrived, the President

announced that the Senate stood adjourned until 2:30

o'clock this afternoon.

-

By unanimous consent the following Bills of the House and Senate were withdrawn from committees and read the second time and recommitted.
House Bill No. 503,
House Bill No. 458.

House Bill No. 94. House Bill No. 483. Senate Bill No. 262, Senate Bill No. 263. Senate Bill No. 264.

The following Bills of the Senate were introduced, read the first time and referred to committees:

By Senator Lester of the 18th District-
Senate Bill No. 274. A bill providing that the Governor may in an emergency declare a holiday for banks.

MONDAY, MARCH 13, 1933.

1199

Referred to the Committee on Banks and Banking.

By Senator Terrell of the 37th DistrictSenate Bill No. 272. A bill to amend House Bill No. 59. Referred to General Judiciary No. 2.

By Senator Andrews of the 23rd District-
Senate Bill No. 273. A bill to amend section 695 of Code of Georgia relative to road duty.
Referred to Committee on Counties and County Matters.

By Senator Andrews of the 23rd District-
Senate Bill No. 271. A bill fixing the amount of the bond of the Sheriff of Crawford County.
Referred to Committee on Counties and County Matters.

Senate Bill No. 195. A bill to establish a delinquent
Tax Commission was taken from the table by unanimous consent, and restored to the calendar.
By unanimous consent the following Resolution of the House was read the second time:

By Messrs. Lindsay, Hudgins and Turner of DeKalb-
House Resolution No. 129-591a. A resolution authorizing the State Librarian to furnish certain books to the Municipal Court of Atlanta.
Mr. Colson of the 4th District, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. President:
Your Committee on Game and Fish have had under consideration the following Bill of the House and have in-

1200

JocRN:\L oF THE SEN:HE,

structed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill l\' o. 755. Do pass.
CoLSON, Chairman.
Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President: Your Committee on General Judiciary No. 2 have had
under consideration the following Bills of the House and Senate and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 300. Do pass. House Bill No. 103. Do pass. Senate Bill No. 257. Do pass. Senate Bill No. 4. Do pass. Senate Bill No. 198. Do pass. House Bill No. 300. Do pass. Senate Bill No. 94. Do pass, Senate Bill No. 172. Do pass. Senate Bill No. 209. Do pass.
Mr. Boykin of the 29th District, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking have had under consideration the following Bill of the Senate and have

l\Io~DAY, MARCH 13, 1933.

1201

instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 262. By Boykin of the 29th and Terrell of the 37th, do pass.
BOYKIN OF THE 29TH DISTRICT, Chairman.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters submitted the following report:

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following Bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 733. By Mr. Stokes of Twiggs, do pass as amended.
House Bill No. 148. By Messrs. Bennett and VVestbrook of Dougherty, do pass.
House Bill No. 757. By Messrs. Lindsay, Turner and Hudgins of DeKalb, do pass.
House Bill No. 758. By Messrs. Lindsay, Turner and Hudgins of DeKalb, do pass.
House Bill No. 768. By Mr. Minchew of Atkinson, do pass.
The following Bills of the Senate, favorably reported by committees, were read the second time:

By Senator Cail of the 17th District-
Senate Bill No. 4. A bill to amend Section 94 of the Criminal Code of Georgia, providing that the crime of rape shall be punished with death.

1202

JOURNAL OF THE SENATE,

By Senator Lovett of the 16th District and Lewis of the 20th District-
Senate Bill No. 94. A bill making it a misdemeanor for any person, firm, etc., engaged in the undertaking business to offer compensation or other thing of value to any other person, firm, etc., and for other purposes.

By Senator Tuten of the 46th DistrictSenate Bill No. 172. A bill to amend Section 5553 of
the Civil Code of Georgia entitled "Service on N on-residents."
By Senator Jackson of the 21st District-
Senate Bill No. 198. A bill to prohibit the collection of the so-called "Service Charge" by manufacturers or distributors of electricity.
By Senator Cail of the 17th District-
Senate Bill No. 209. A bill to authorize the prosecuting officers to prefer accusations in felony cases returnable to the Superior Court.

By Senators Key of the 28th District and Sims of the 35th District-
Senate Bill No. 257. A bill to regulate the redemption of property sold under tax fi. fa. and fix penalties to be paid therefor.
The following bills of the House, favorably reported by committees, were read the second time:
By Mr. Mixon of Irwin-
House Bill No. 103. A bill to provide for service of notice upon taxpayers by Assessors through the U. S. mail.

MmmAY, MARCH 13, 1933.

1203

By Messrs. Bennett and Westbrook of Dougherty-
House Bill No. 148. A bill to consolidate the offices of Tax Receiver and Tax Collector of Dougherty County, etc.

By Mr. Chappell of Sumter-
House Bill No. 300. A bill to amend Section 813 of the Penal Code of Georgia, providing for the appointment of the members of Jury Commissions of the several counties of the State, etc.

By Mr. Stokes of Twiggs-
House Bill No. 733. A bill to create a Board of Commissioners of Roads and Revenue for the County of Twiggs, etc.

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 757. A bill prohibiting persons or firms from establishing dance halls, etc., outside cities of a certain population without obtaining permission of County Commissioners.

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 758. A bill to amend an Act approved August 9, 1910, as to granting cemeteries, etc.

By Mr. Minchew of Atkinson-
House Bill No. 768. A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in the County of Atkinson, and for other purposes.
The following privileged resolutions were read and adopted:

1204

JocR:-,rAL oF THE SEN1\TE,

By Senator Hutcheson of the 44th District-
A resolution extending the privileges of the floor to Honorable Thomas vV. Bryan, clerk of the Superior Court of vValker County, and the Honorable Claude Clements, Tax Collector of Walker County.

By Senator Lewis of the 20th District-
A resolution extending the privileges of the floor to Miss Mary Oliver, daughter of the distinguished Senator from the 48th District.

By Senator Cail of the 17th District-
A resolution extending the privileges of the floor to Honorable E. K. Overstreet, Jr., of Sylvania.
The following resolution of the Senate was read the third time and put upon its passage:

By Senator Dean of the 11th District-
Senate Resolution No. 98. A resolution that $2,070 be paid from taxes collected on cigars and cigarettes to veterans whose pension checks were caught in bank failures.
Senator Dean offered the following amendment: "By striking the word 'appropriated,' in line 21 of said resolution, and inserting in lieu thereof the words 'ordered paid.'"
The amendment was adopted.
The report of the committee, which was favorable to the passage of the resolution, as amended, was agreed to.
On the passage of the resolution, as amended, the ayes were 29, nays 0.
The resolution, as amended, having received the requisite Constitutional majority, was passed.

MONDAY, MARCH 13, 1933.

1205

By unanimous consent the resolution was ordered trans-

mitted immediately to the House.



The following resolution of the House was read the third time and put upon its passage:

By Messrs. Strickland of Douglas, Johnson of Montgomery and Myrick of Chatham-
House Resolution No. 18 7. A resolution providing for the payment of expenses and incidentals of the committee investigating the Agricultural Department.

The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution the ayes were 26, nays 0.
The resolution having received the requisite Constitutional majority, was passed.
The following bills of the House were read the third time and put upon their passage:

By Messrs. Fagan of Peach, Duncan of Houston, Johnson of Upson-
House Bill No. 377. A bill to amend the Act to regulate the grading and marketing of peaches.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Eckford of Fulton-
House Bill No. 117. A bill to amend Section 5265 of
the Civil Code as to garnishment.

1206

JoURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite Constitutional majority, was passed.
Senator Colson of the 4th District moved that Senate Bill No. 252, a bill by Senator Culpepper of the 36th District, to prohibit the growing of cotton in the year 1934, be tabled, and the motion prevailed and the bill was laid on the table.
Senator Fetzer of the 1st District moved that further action on the veto of Senate Bill No. 52 be deferred until tomorrow following the period of Unfinished Business, and the motion prevailed.
The following bills of the Senate were introduced, read the first time and referred to committees:

By Senator Campbell of the 34th District-
Senate Bill No. 27 5. A bill to amend the charter of the
City of Atlanta as to pensions of city employees.
Referred to Committee on Municipal Government.

By Senator Cail of the 17th District-
Senate Bill No. 27 6. A bill to provide the manner of payment of commissions to Tax Collectors in certain counties.
Referred to the Committee on General Judiciary No. 2.

By Senator Cail of the 17th District-
Senate Bill No. 277. A bill to require representation from each ward on the governing bodies of certain cities.

MONDAY, MARCH 13, 1933.

1207

Referred to Committee on General Judiciary No. 2.
The following bills of the Senate were read the third time and put upon their passage:

By Senator Haralson of the 40th District-
Senate Bill No. 261. A bill to amend the Motor Carrier Act so as to exempt Rural Free Delivery Carriers from its prOVISIOnS.
Senator Colson of the 4th District offered the following substitute:

A BILL

To be entitled an Act to amend the "Motor Carrier Act of 1931," approved March 31, 1931 (Georgia Laws, Extra Session, 1931, page 99), by amending Sub-section ( c-6) of Section 2 thereof relating to the exemption of R. F. D. Carriers or Star-Route Carriers engaged in carrying the United States Mail, and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1. The "Motor Carrier Act of 1931," approved March 31, 1931 (Georgia Laws, Extra Session, 1931, page 99) , is hereby amended as follows :
Sec. 2. Sub-section (c-6) as follows:
R. F. D. Carriers and Star-Route Carriers are allowed to carry without complying with the provisions of this Act, not exceeding five ( 5) passengers along with carriage of United States Mail, provided they do not carry passengers on a route along which another motor carrier of passengers has a permit or a certificate.
The substitute was adopted.

1208

}OUR:'\'AL OF THE SENATE,

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, nays 0.
The bill, by substitute, having received the requisite Constitutional majority, was passed.
By unanimous consent the bill was ordered immediately tra'1smitted to the House.

By Senator Culpepper of the 36th District and Key of the 28th District-
Senate Bill No. 143. A bill to amend the Act creating the Department of Archives and History.

Senator Key of the 28th District offered the following substitute:
A BILL
To be entitled an Act to amend an Act creating the Department of Archives and History and the State Historical Commission, to prescribe its functions and duties, to provide 'for its maintenance, approved August 20, 1918, as amended by an Act approved August 18, 1919, as amended by an Act approved August 28, 1931, known as an Act to simplify the operation of the Executive Branch of the State government, wherein the State Historical Commission was abolished and the powers and duties of said Commission transferred to the Secretary of State; so as to transfer the duties of the Secretary of State in reference thereto the Board of Regents of the University System of Georgia; to provide for the functions and duties of said Board of Regents; to provide for th~ purposes of the Department of Archives and History; to provide for the maintenance of said department; to provide the home of said department and to prevent the

Mo~DAY, MARCH 13, 1933.

1209

destruction of the records of the State and to provide for their preservation; to provide for certain publications; to provide for the publication of an official and statistical register for the State of Georgia; to provide for a State Historian, and for other purposes.
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act approved August 20, 1918, as amended by an Act approved August 18, 1919, as amended by an Act approved August 28, 1931, wherein the State Historical Commission was abolished, be and the same is hereby amended as follows:
Sec. 2. By striking Section 1 of said Act in its entirety and inserting in lieu thereof the following, to be known as Section 1 :
Be it enacted by the General Assembly, that from and after the passage of this Act, to prevent the destruction of its records, now threatened with serious loss, there is hereby established for the State of Georgia a Department of Archives and History under the management, control and supervision of the Board of Regents of the University System of Georgia, said department to be created in lieu of the present office of Compiler of State Records, said department to be permanently housed in the Rhodes Memorial Hall in compliance with the terms by which said Rhodes Memorial Hall was donated to the State of Georgia for said purpose; and the objects and purposes of said department shall be: ( 1) to provide a central depository in which to assemble the official archives of the State, including the old records of the various departments of the State, not in common use; to collect from the files of old newspapers, court records, church records, private collections, and other sources, data of all kinds bearing upon the history of the State; to secure from private individuals, either by loan or

1210

JouRNAL oF THE SENATE,

gift, rare volumes, manuscripts, documents, and pamphlets for the use of this department; and to obtain in like manner historical trophies, souvenirs and relics. '( 2) To classify, edit, annotate and publish from time to time such records as may be deemed expedient and proper, including messages of Governors, executive orders, State papers, military rosters of the Revolutionary, Indian, Mexican, Civil and European vVars. ( 3) To diffuse knowledge in regard to the State's history, and to prepare biennially an official register, giving the latest information of an official character in regard to the State, including a full list of State House officers, Legislators, Judges and Solicitors, members of Congress, County officials, etc., together with other pertinent items of information. (4) To encourage the proper marking of battlefields, houses and other places celebrated in the history of the State; to encourage the study of Georgia history in our public schools, and to assist in the observance of patriotic occasions. ( 5) To stimulate historical research, especially in the prosecution of local histories. ( 6) To foster sentiment looking to the better protection, classification and arrangement of records in the various courthouses of the State. ( 7) To prepare a bibliography of Georgia, and to indicate, by title at least, every book written about Georgia or by Georgia authors. ( 8) To collect biographical information in regard to all public officials and to keep same on file in a classified arrangement, for convenient reference by investigators.
Sec. 3. Be it further enacted, that Section 2 of said Act be and the same is hereby amended by striking said Section 2 in its entirety and inserting in lieu thereof a new section to be known as Section 2, as follows:
That said Department of Archives and History shall be under the supervision and direction of the Board of Regents, and said Board is hereby directed to select a State Historian and such other employees as may be necessary to put into effect the terms of this Act and to maintain same out of

MONDAY, MARCH 13, 1933.

1211

such funds as may be appropriated for such purposes by the General Assembly, and to do such other acts and things as may be necessary to carry out the full intent and purpose of this Act.

Sec. 4. Be it further enacted, that Section 3 of said Act be, and the same is, hereby amended by striking said section in its entirety and inserting in lieu thereof the following, to be known as Section 3 :

That the Board of Regents shall fix a fair price for publications of the Department of Archives and History, revenue arising from such sales to be remitted to the State Treasury; that one copy of each of said publications shall be furnished to any State institution making application for same through its constituted authorities. Said Board of Regents is authorized to dispose of such excess copies of the publications of this Department as may from time to time accumulate; and in like manner to dispose of any editions heretofore published, of which there may be an excess on hand.
Sec. 5. Be it further enacted, that said Act is hereby
amended by striking Section 4 thereof in its entirety and inserting in lieu thereof the following, to be known as Section 4:
That in the event the Rhodes Memorial Hall should ever cease to be available for the purpose of housing the Department of Archives and History, the Board of Regents is hereby authorized and directed, with the advice and consent of the Governor, to make ample provisions for the protection and preservation of the records of this Department.
Sec. 6. Be it further enacted, that said Act be, and the same is, hereby amended by striking Section 5 of said Act in its entirety and inserting in lieu thereof the following, to be known as Section 5 :

1212

JocR="/AL OF THE SE~An:,

That the Department of Archives and History shall be under the immediate supervision of a State Historian to be appointed by the Board of Regents and who shall serve at the pleasure of said Board. The State Historian shall devote full time to the work of this Department and shall receive such salary as may be fixed by the Board of Regents. He shall preserve all its collections, care for its official archives that are now on hand or which may come into its custody, and perform all of the duties enumerated in Section 1 of this Act. He shall make an annual report to the Board of Regents, together with a full report of the work accomplished during each year, and shall also prepare for the press, annotate and index the manuscript volumes compiled by Governor Candler, contract for and supervise the publication of same, and perform such other duties as may be required of him as State Historian.
Sec. 7. Be it further enacted, that said Act be, and the same is, hereby amended by striking Section 6 of said Act in its entirety and inserting in lieu thereof the following, to be known as Section 6 :
That any State, County, or other official is hereby authorized and empowered in his discretion to turn over for permanent preservation therein any official books, records, documents, original papers, manuscript files, newspaper files, portraits, and printed volumes, not in current use in his office; that the Board of Regents shall provide for the preservation of said materials, that when so surrendered, copies thereof shall be made and certified by the State Historian upon the application of any person interested, which certificates shall have all the force and effect as if made by the official originally in custody of them and for which the same fees as provided for other certificates shall be charged.
Sec. 8. Be it further enacted that said Act be, and the same is, hereby amended by striking Section 7 of said Act

MoNDAY, lVL\.RcH 13, 1933.

1213

in its entirety and substituting in lieu thereof the following, to be known as Section 7:
That an official and statistical register of the State of Georgia shall be compiled every two years by the State Historian under the direction of the Board of Regents, which register shall contain: ( 1) Brief sketches of the several state officials, members of Congress from Georgia, Supreme Court Judges, Judges of the Court of Appeals, Judges and Solicitors-General of the Circuit Courts of the State; ( 2) roster of all State and county officials; ( 3) list of all State institutions with official boards; ( 4) State and county population and election statistics, and ( 5) miscellaneous statistics bearing upon relative matters of current interest or likely to be of value to the future historian.
Sec. 9. Be it further enacted, that said Act be, and the same is, hereby amended by striking Section 8 of said Act in its entirety and inserting in lieu thereof the following, to be known as Section 8.
That all printing of the official and statistical register and other publications that may be authorized shall be paid for as provided by the General Assembly and Governor. Provided, however, the State Historian herein provided for shall be the present director and State Historian, as created by the Act of 1931, known as the State Reorganization Act, until the expiration of said officials' present' unexpired terms at present compensation.
Sec. 10. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 34, nays 0.

1214

JocRNAL OF THE SENATE,

The bill, by substitute, having received the requisite Constitutional majority, was passed.
The following resolution of the Senate was read and adopted:

By Senators Jackson of the 21st District, Pottle of the 1Oth District and Sims of the 35th District-
Senate Resolution No. 103, as follows, to-wit:

A RESOLUTION
Whereas, President Franklin D. Roosevelt has presented to the American people a complete program for the restoration of all activities making for the well-being and safety of all our people, and his safeguard of all our banking institutions has met with the approval of all our people. Now, as an expression of appreciation, we desire the privilege to express to him a vote of confidence from the Senate of Georgia in all the outlined programs he has made known, and we urge that each and all of our Representatives in the Senate and Congress to loyally support him in the carrying out of his program.
Resolwd, that a copy of this vote of confidence be sent to the President and to each Senator and Representative in the National Congress from this State, that they may have t.his evidence of our complete confidence in the President, and that we are in full and hearty accord with his program of reconstruction.
The following privileged resolutions were read and adopted:

By Senator Hutcheson of the 44th District-
A resolution extending the privileges of the floor to Honorable C. C. Gilbert and Honorable H. A. Davidson, of Walker County.

MoNDAY, MARCH 13, 1933.

1215

By Senator Boykin of the 29th District-
A resolution extending the privileges of the floor to Judge J. Glenn Stovall, of Thomson, McDuffie County, a former distinguished member of the Senate.

By Senator Cloud of the 19th District-
A resolution extending the privileges of the floor to Mr. Joseph P. Stratton.

By Senator Culpepper of the 36th District-
A resolution extending the privileges of the floor to Honorable Sam P. Wilburn, Meriwether County.
The following resolution of the Senate, continued from yesterday's session, was taken up for passage:

By Senators McWhorter of the 50th District and Hubbard of the 31st District-
Senate Resolution No. 68. A resolution to amend Article 8, Section 4, Paragraph 1 of the Constitution relative to local school taxation.
The committee offered a substitute.
Senator Terrell of the 37th District moved that the Senate adjourn, and the motion prevailed, and Senate Resolution No. 68 went over as unfinished business.
The President announced that the Senate stood adjourned until 10 :00 A. M., tomorrow morning.

1216

JocR~AL OF THE SE::--!ATI~,

SE~ATE CHAMBER, ATLA::--IT.-\, GA.
TVESDAY, MARCH 14, 1933. The Senate met, pursuant to adjournment, at ten o'clock A. M., this day, and was called to order by the President. Prayer was offered by the Chaplain. On motion of the Senator from the 1st District the calling of the roll was dispensed with.
Senator \Veaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with and the Journal was confirmed.
The Committee on Rnles submitted the following report, which was read and adopted:
Mr. President: Your committee on Rules establishes the following order
of business for today's session, immediately following the period of Unanimous Consents, to-wit:
SENATE BILLS
No. 174. Branch Banking.
No. 114. By Senator Hubbard of the 31st DistrictSchool Code.
No. 217. By Senator Sims of the 35th District-Joint trial of defendants jointly indicted.
No. 219. By Senator Sims of the 35th District-Technical amendments to indictments.

TUESDAY, MARCH 14, 1933.

1217

No. 4. By Senator Cail of the 17th District-Giving jury power to recommend life imprisonment for rape.
No. 172. By Senator Tuten of the 46th DistrictChanging Code section on service on non-residents.
No. 19 5. By Senator Dean of the 11th District-De-
linquent tax commission.
No. 198. By Senator Jackson of the 21st DistrictAbolish service charge.
No. 209. By Senator Cail of the 17th District-To authorize prosecuting officers to prefer accusations in felony cases.
No. 262. By Senators Boykin of the 29th District and Terrell of the 37th District-Bank consolidation.

HOUSE BILLS
No. 749. By Mr. Burton of Franklin-Amend high-
way repayment Act to permit discount of certificate at 57o
per annum.
No. 437. By Mr. Hartsfield of Fulton-Regulation of aviation, flights, etc.
Your committee recommends that the above calendar be taken up in the order that the President deems most propitious. Your committee further recommends that the President may call up minor House or Senate bills at such times as he deems it advisable in order to save time and transact business.
Your committee makes the following recommendations for limitation of debate: Each proponent of a bill shall be limited to ten minutes; one selected opponent shall be limited to twenty minutes, except where there is a minority report, in which case the opponents shall have the same time as the proponent. Any Senator desiring to debate any question shall be limited to five minutes' time for debate.

1218

JoURNAL OF THE SENATE,

Your committee further recommends that the Senate adjourn at one o'clock until two o'clock and remain in session from two o'clock until five o'clock.
Respectfully submitted,
GEo. \V. FETZER, Vice-Chairman.
WM. lVI. LESTER, Secretary.

Mr. Rivers, of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report :

Mr. President:
Your Committee on Counties and County lVIatters have had under consideration the following bills of the Senate and House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
Senate Bill No. 271. By Mr. Andrews of the 23rd District, do pass.
Senate Bill No. 273. By Mr. Andrews of the 23rd District, do pass.
House Bill No. 786. By Messrs. Myrick, Alexander and Kennedy of Chatham, do pass.
House Bill No. 805. By Messrs. Myrick, Alexander and Kennedy of Chatham, do pass.
Mr. Howard of the Second District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government have had under consideration the following bills of the Senate and

TUESDAY, MARCH 14, 1933.

1219

House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:

Senate Bill No. 267-By Senator Sims of the 35th District, do pass.

Senate Bill No. 269. By Senator Hutcheson of the 44th District, do pass.

House Bill No. 791. By Messrs. Brunson and Chappell of Laurens, do pass.

House Bill No. 788. By Mr. Davis of Mitchell, and others, do pass.

House Bill No. 762. By Mr. Donaldson of Bulloch, do

pass.

~

House Bill No. 773. By Mr. Lindsay and others, of DeKalb, do pass.

House Bill No. 775. By Mr. Rawlins of Ben Hill, do pass.

Mr. Hubbard of the 31st District, Chairman of the Committee on Education, submitted the following report:

Mr. President:
Your Committee on Education have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 781.
House Bill No. 814.
HuBBARD, Chairman.

Mr. Boykin of the 29th District, Chairman of the Committe on Banks and Banking, submitted the following report:

1220

]OC'RNAL OF THE SENi\TE,

Afr. President:
Your Committee on Banks and Banking have had under consideration the following: Senate Bill No. 262, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
BOYKIN of the 29th District, Chairman.
Mr. W. l\1. Lester of the 18th District, Chairman ~f the Committee on Amendments to the Constitution, submitted the following report:
Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following Senate Bills, Nos. 144, 178 and 256, and House Resolution No. 120571 a, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass, and also had under consideration Senate Resolution No. 73, and have instructed me, as Chairman, to report back to the Senate with the recommendation that the same do not pass.
\V. l\1. LESTER, Chairman. March 14, 1933.
Mr. Haralson of the 40th District, Chairman of the Committee on Public Utilities, submitted the following report:
Mr. President:
Your Committee on Public Utilities have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 96. Do not pass.
HARALSON, Chairman.

Tc-ESDAY, MARCH 14, 1933.

1221

Mr. Terrell of the 37th District, Chairman of the Committee on General Judiciary No. 2, submitted the following report:

Mr. President:
Your Committee on General Judiciary No. 2 have had under consideration the following, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 272.
Senate Bill No. 265.
Senate Bill No. 276.
Senate Bill No. 277.
House Resolution No. 139.
Mr. J. C. Lewis of the 20th District, Chairman of the
Committee on General Judiciary No. 1, submitted the following report:

Mr. President: Your committee on General Judiciary No. 1 have had
under consideration the following, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 141. House Bill No. 130.
Senate Bill No. 181. Senate Bill No. 59. Senate Bill No. 57. Senate Resolution No. 17. Senate Bill No. 139.

1222

JouRNAL OF THE SENATE,

Senate Bill No. 58. Senate Bill No. 242. House Bill No. 435. Senate Bill No. 62. Senate Bill No. 51. House Bill No. 796. Senate Bill No. 226. House Bill No. 523. House Bill No. 683. Senate Bill No. 240.. House Bill No. 523. House Bill No. 102.

Mr. T. W. Oliver of the 48th District, Chairman of the Committee on State Sanitarium, submitted the following report:

Mr. President:
Your Committee on State Sanitarium have had under consideration the following, and have requested me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 332.

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 resolution of the House, to-wit:

TcEsDAY, MARCH 14, 1933.

1223

By l\'lr. Lanier of Richmond-
House Resolution No. 194. A resolution that a commission be appointed to revise the Constitution of the State of Georgia so as to strike out obsolete, temporary and local provisions, and improve the organization and operation 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 passed by the requ1s1te Constitutional majority the following bills of the Senate, to-wit:

By Mr. Rivers of the 15th District-
Senate Bill No. 212. A bill to reduce the bond of the Sheriff of \Vheeler County, Georgia, from the amount of $10,000.00 to $5 ,000.00, and for other purposes.

By Mr. Robertson of the 32nd District-
Senate Bill No. 237. A bill to create a Board of County Commissioners of Roads and Revenues for the County of White; to provide for the election and creation of said Board, and for other purposes.

By Mr. Robertson of the 32nd District-
Senate Bill No. 23 8. A bill to repeal an Act to create a Board of Commissioners of Roads and Revenues of White County; to prescribe their duties, and for other purposes.

By Mr. Rivers of the 15th District-
Senate Bill No. 245. A bill to reduce the bond of the Sheriff of Montgomery County, Georgia, from the amount of $10,000.00 to $5,000.00, and for other purposes.

1224

JocR~AL OF THE SE:'IJ"ATE,

By Mr. Cail of the 17th District-
Senate Bill No. 246. A bill to amend an Act entitled "an Act to amend an Act establishing the City Court of Sylvania in and for the County of Screven, approved December 15, 1902, 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 Senate, to-wit:

By Mr. Boykin of the 29th District-
Senate Resolution No. 100. A resolution to permit the Georgia Bicentennial Commission, at their own expense, to place on the wall of a corridor in the State Capitol an ornamental tablet in commemoration of the 200th Anniversary celebration of the Georgia Colony, 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, to-wit:

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 587. A bill to incorporate the City of Druid Hills, in the County of DeKalb, and for other purposes.
By Mr. Thrasher of Oconee-
House Bill No. 669. A bill to amend an Act of the General Assembly of Georgia, codifying the school laws of

TUESDAY, MARCH 14, 1933.

1225

the State of Georgia, so as to fix a minimum salary to be paid County School Superintendents by the several County Boards of Education, and for other purposes.
By Messrs. Lindsay, Hudgins and Turner of DeKalb-
House Bill No. 670. A bill to amend an Act entitled an Act to provide a new charter for the Town of Decatur, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 785. A bill to amend that certain Act adopted and approved February 27, 1933, and entitled "An Act to revise, alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah," and for other purposes.

By Messrs. Lindsay of DeKalb and Eckford of Fulton-
House Bill No. 790. A bill to amend an Act entitled an Act to establish a new charter for the City of Atlanta, and for other purposes.

By Mr. Palmour of Hall-
House Bill No. 824. A bill to amend an Act to establish a City Court in the County of Hall so as to fix the salary of the Judge and Solicitor of said Court, and for other purposes.
The following message was received from the House through l\Ir. Kingery, the Clerk thereof:

flrfr. President:
The House has passed by the requtstte Constitutional majority the following bills of the House, to-wit:

By Mr. Palmour of HallHouse Bill No. 825. A bill to authorize the Board of

1226

JouRNAL OF THE SENATE,

Roads and Revenues of Hall County to cancel and destroy all unsold bonds of the issue of Jan. 1, 1920, and for other purposes.
Senator Nelson of the 6th District asked unanimous consent that House Bill No. 52, and House Bill No. 271, be withdrawn from the Committee on Public Utilities and recommitted to the Committee on Amendments to the Constitution, and the consent was granted.

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

By Senator Sisk of the 30th District-
Senate Resolution No. 104. A resolution that a committee of two from the Senate and three from the House be appointed by the presiding officers of each body to codify the insurance laws; to recommend such changes as will clarify them; to report to the next regular session of the General Assembly.
The following bills of the Senate were introduced, read the first time and referred to committees:

By Senator Howard of the 24th District-
Senate Bill No. 278. A bill to amend the charter of the City of Columbus.
Referred to Committee on Municipal Government.

By Senator Fetzer of the 1st District-
Senate Bill No. 279. A bill to amend Section 1140 of the Civil Code to allow the holder of an equity, or lien, on property returned for taxation along with other property, to pay taxes on that part and secure a release.
Referred to Committee on General Judiciary No. 1.

TUESDAY, MARCH 14, 1933.

1227

By Senator Lewis of the 20th District-
Senate Resolution No. 280. A resolution to provide for the return to sureties of monies paid on criminal recognizances within, two years.
Referred to Committee on General Judiciary No. 1.
The following resolution of the Senate was read and ordered to lay on the table for one day:

By Senator Boykin of the 29th District-
Senate Resolution No. 105. A resolution that the State Treasurer sue the bondsmen of the former Commissioner of Agriculture, the Honorable Eugene Talmadge, to recover monies allegedly illegally spent, to-wit:

A RESOLUTION BY BOYKIN OF THE 29TH DISTRICT

Whereas, a report of the State Auditor shows that during the four months of June, July, August and September, 1932, the same being the four active campaign months in the gubernatorial campaign, the Department of Agriculture, by and through the Commissioner, Mr. Eugene Talmadge, spent a total of $129,531.33; and,
lVhereas, these four months cover a period of the year when the necessary expenditures of said Department are at a minimum, there being no short term fertilizer inspectors employed during this time and no appreciable amount of fertilizer to be inspected or analyzed; and,
Whereas, the appropriation for the Department of Agriculture for the year 1932 was $225,000.00, which amount
was reduced 11 }i %, as provided by the Appropriation Bill
on account of the shortage of revenue, leaving a net appropriation of $199,125.00; and,
FVIzereas, the said Department of Agriculture, through said Commissioner, spent during said four months above

1228

JOURNAL OF THE SENATE,

named all of the available appropriation for the year except $69,693.06 more than was spent by said Department and Commissioner during the other eight months of the year; and,
IV/zereas, a report of the State Auditor further shows that during the latter part of the year 1932, the then Commissioner of Agriculture, Mr. Eugene Talmadge, employed one Charlie E. Stewart, and paid him in a salary and expenses $892.82 of the State's money, while at the same time the said Charlie E. Stewart was a member of the House of Representatives from Coffee County, Georgia, and the law then of force in this State prohibited any department of the State from employing any member of the General Assembly during the term for which he was elected; and,

IV/zereas, the same report of said State Auditor shows that for the year 1931 there was an unexpended balance of $17,233.07 which had been appropriated for certain specified services to the State Veterinarian and there was appropriated to the State Veterinarian for the year 1932 the sum of $7 5,000.00, of which amount, after deducting the 11 !~ 1{, which was deducted from all appropriations for said year, there was a net balance for the use of said Veterinarian of $66,712.50; and,
IVhereas, of the total appropriation available for said State Veterinarian for said year there \vas expended only $59,184.68 for the purposes specified, and,
IVhereas, there should now be in the State Treasury a balance of $25,760.89 of the amount appropriated for the State Veterinarian for said year, which was never used or spent for the legal purposes for which it was appropriated; and,
IVhereas said balance was unlawfully withdrawn from the Treasury of the State of Georgia and expended by Mr. Eugene Talmadge as Commissioner of Agriculture, for pur-

TcESDAY, MARCH 14, 1933.

1229

poses not authorized by law and in direct violation of the law; and,
JVhereas, the bond given by said Eugene Talmadge as Commissioner of Agriculture bound him to a faithful performance of his duties; and,
JV/zereas, the foregoing indisputable facts clearly show such unfaithfulness on his part as to constitute a breach of said bond and to render the surety on his bond liable to the State of Georgia in the sum of several thousand dollars which the taxpayers and citizens of Georgia are entitled to have collected and returned to the Treasury; and,
Whereas, an opinion rendered by the Attorney-General
of the State of Georgia, M. J. Yeomans, has held that the
Commissioner of Agriculture had the right under the law to use said funds for said purposes other than that for which the same were appropriated; and,
Whereas, this opinion is clearly unsound and rendered as a matter of expediency by a Department, the personnel of which is largely made up of appointees of the said Mr. Eugene Talmadge; and,
JVhereas, many eminent lawyers have rendered their unbiased opinion to the effect that such expenditures were in violation of the law and a breach of said bond has occurred; and,
JVIzereas, the Attorney-General of the State of Georgia, by reason of said opinion and by reason of the personnel of his Department, as aforesaid, would be unable to properly represent the State in filing suit upon said bond, if, indeed, he is not disqualified.
Therefore, be it resoh:ed by the Senate of the State of Georgia, that the foregoing recitals of fact constitute a claim of the State of Georgia against the bondsmen of the former Commissioner, Mr. Eugene Talmadge, and that on account of the fact that said former Commissioner of Agri-

1230

JocRNAL OF THE SE}J"ATE,

culture is now Governor of Georgia, and could not be expected to order a suit upon his own bond, the said Governor of Georgia is hereby requested by the Senate of the State of Georgia to waive his right to order suit upon the same and to authorize the Treasurer of the State of Georgia to employ one or more outstanding and unbiased attorneys to bring suit upon said bond and to allow said attorneys as their compensation a fee contingent upon recovery of such percentage of said recovery as he may deem advisable.
The following resolution of the Senate, favorably reported by the committtee, was read the second time:

By Senator Knox of the 3rd District-
Senate Resolution No. 17. A resolution to appoint a committee to make a survey and investigation of departments and institutions supported by funds appropriated by the State.
The following bills of the Senate, favorably reported by committees, were read the second time:
By Senators Sims of the 35th District, Haralson of the 40th District, Pottle of the 1Oth District, and others-
Senate Bill No. 57. A bill concerning and aiding land titles in this State by providing for a limitation of actions upon instruments given to secure debt, etc.

By Senators Key of the 28th District, Pottle of the 1Oth District, Sims of the 35th District, and others-
Senate Bill No. 58. A bill prescribing and fixing notice
of litigation concerning or affecting the title of land, etc.

By Senators Key of the 28th District, Sims of the 35th District, Pottle of the 1Oth District-
Senate Bill No. 59. A bill to amend Section 4620 of the Civil Code of 1910, as to "Power of Sale in Deeds of Trusts, etc."

TuESDAY, MARCH 14, 1933.

1231

By Senator Hutcheson of the 44th District-
Senate Bill No. 51. A bill to amend an Act to regulate and restrict the rate of interest on small loans of $300 or less, etc.

By Senators Sims of the 35th District, Key of the 28th District, Sisk of the 30th District, Pottle of the 1Oth District-
Senate Bill No. 62. A bill prescribing a limitation of time after the record of a deed or the probate of a will, etc.

By Senator Dorminy of the 45th District-
Senate Bill No. 139. A bill to provide for additional exemption from jury duty, etc.

By Senators McvVhorter of the 50th District, Knox of the 3rd District, Pottle of the 1Oth District-
Senate Bill No. 144. A bill to amend Article 6, Section 16, Paragraph 6 of the Constitution relative to damage by automobile to property or person.

By Senator Sims of the 35th District-
Senate Bill No. 178. A bill to amend Paragraph 2a, of Section 1, of Article 11, of the Constitution, regulating the consolidation of State and County Governments, where population of city exceeds 52,900, by providing for the consolidation of the Government of the city of Atlanta with that of the County of Fulton, etc.

By Senator Fetzer of the 1st District-
Senate Bill No. 181. A bill to regulate the issuing and distribution of propaganda, etc.

By Senator Sims of the 35th District-

1232

JouRNAL OF THE SENATE,

Senate Bill No. 224. A bill to amend Section 1000 of the Code of 1910, reducing the number of strikes in reducible felonies.

By Senator Groover of the 44th District-
Senate Bill No. 226. A bill to reduce professional taxes of lawyers, doctors and dentists.
By Senator Hutcheson of the 44th DistrictSenate Bill No. 240. A bill giving preference of 15%
to ex-service men in Civil Service examinations.
By Senator Hutcheson of the 44th DistrictSenate Bill No. 2-42. A bill to amend an Act licensing
war veterans by striking words "Disabled or indigent," etc.
By Senator Sims of the 35th DistrictSenate Bill No. 256. A bill to amend Constitution giv-
ing power to General Assembly to exempt from taxation property of institutions operating hospitals whose income is devoted to charity or educational purposes, etc.
By Senator Knox of the 3rd DistrictSenate Bill No. 265. A bill amending Section 3306 of
the Civil Code and to provide for the filing of an affidavit of illegality.
By Senator Sims of the 35th DistrictSenate Bill No. 267. A bill to amend an Act establish-
ing a new charter for the City of Atlanta.
By Senator Hutcheson of the 44th DistrictSenate Bill No. 269. A bill to amend an Act creating a
new charter for the town of Linwood, in 'Valker County.

TcESDAY, MARCH 14, 1933.

1233

By Senator Andrews of the 23rd District-
Senate Bill No. 271. A bill to fix the amount of bond of the Sheriff of Crawford County.

By Senator Terrell of the 37th District-
Senate Bill No. 272. A bill to amend House Bill No. 59, approved March 13, 1933.

By Senator Andrews of the 23rd District-
Senate Bill No. 273. A bill to amend Section 695 of the Political Code, 1910, enumerating who is subject to road duty or commutation tax in lieu thereof, etc.

By Senator Cail of the 17th District-
Senate Bill No. 276. A bill to provide. for the time and manner of payment of commissions to Tax Collectors m counties having a population of from 26,550 to 26,750.

By Senator Cail of the 17th District-
Senate Bill No. 277. A bill to require representation from each ward on the governing bodies of cities having a population of from 15,000 to 18,000.

The following resolutions of the House, favorably reported by committees, were read the second time:
By Messrs. Park and DeFore of Bibb and Bennett of Dougherty-
House Resolution No. 120-5 71 a. A resolution proposing an amendment to the Constitution, Paragraph 2, Section 2 of Article 6, by adding at the end of said section a provision of the designation of a Judge of the Court of Appeals to preside in the Supreme Court when the Justices of the Supreme Court are equally divided.

1234

JOURNAL OF THE SENATE,

By Mr. Sammon of Gwinnett-
House Resolution No. 131-634a. lieve surety of Sam Green.

A resolution to re-

By Messrs. Crawford, Davis and Lanham of Floyd-
House Resolution No. 139-647b. A resolution to relieve W. H. Coker, of Floyd County, as bondsman.
The following bills of the House, favorably reported by committees, were read the second time:

By Mr. Mixon of Irwin-
House Bill No. 102. A bill providing for service of notice by County Board of Registrars upon persons whose names are on the voters' book by posting same in U. S. mail.

By Mr. Almand of Walton-
House Bill No. 130. A bill to amend the Embalming Act.

By Messrs. Still and Eckford of Fulton-
House Bill No. 411. A bill to regulate the practice of chiropody in Georgia.

By Mr. Palmour of Dawson-
House Bill No. 332. A bill to amend an Act with reference to commitments to Milledgeville State Hospital.

By Messrs. Crawford, Lanham and Davis of Floyd-
House Bill No. 435. A bill authorizing prosecuting officers to prefer accusations in felony cases returnable to the Superior Courts.

Tc-ESDAY, MARCH 14, 1933.

1235

By Mr. Williams of Bacon-
House Bill No. 523. A bill to amend an Act creating the County Criminal Court of Bacon County.

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 683. A bill providing for the payment by counties in this State having certain population of actual costs incurred in the Superior Courts and City Courts for the trial and conviction of all convicts.
By Mr. Donaldson of Bulloch-
House Bill No. 762. A bill creating a new charter for the City of Millen.

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 773. A bill to provide a new charter for the town of Stone l\1ountain.

By Mr. Rawlins of Ben Hill-
House Bill No. 77 5. A bill to amend an Act revising the charter of the City of Fitzgerald.
By Messrs. Bean and Dorsett of Carroll-
House Bill No. 781. A bill to amend the Act to establish a system of public schools for the City of Carrollton.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 786. A bill to amend an Act to create and organize Commissioners of Chatham County, who shall be ex-officio Judges.

By Mr. Davis of Mitchell, and others-
House Bill No. 788. A bill to amend an Act to create a new charter for the City of Camilla.

1236

jouR~AL OF THE SE~.1\TE,

By Messrs. Brunson and Chappell of Laurens-
House Bill No. 791. A bill to amend an Act creating a new charter for the City of Dublin.

By Mr. Johnson of Montgomery-
House Bill No. 796. A bill to reduce the bond of Sheriff of Montgomery County.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 80 5. A bill providing that in counties
in the State having a certain population, the Sheriffs shall collect the taxes due the State and county in all cases in which executions and/or fi. fas. shall be issued.

By Mr. Jenkins of Dooly-
House Bill No. 81 +. A bill providing for the financing
and construction of a county high school building, Dooly County.
The following bills of the House were read the third time and put upon their passage:

By Mr. Stokes of Twiggs-
Hause Bill No. 733. A bill to create a Board of Commissioners. for the County of Twiggs.

Committee amends Section 7 by striking out the word "Ordinary," and substituting therefor the words "The retiring County Commissioners of Roads and Revenues."
The amendment was adopted.
Committee amends Section 3 by striking out in the third line the words, "on the third \Vednesday in October, 1934, at a special election," and substituting in lieu thereof the

TcEsDAY, MARcH 14, 1933.

1237

words "at an election on Tuesday after the first .Monday in November, 1934."
The amendment was adopted.
The report of the committees, 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, nays 0.
The bill, as amended, having received the requisite Constitutional majority, was passed.

By Mr. Mixon of Irwin-
House Bill No. 103. A bill to provide for service of notice upon taxpayers by Assessors through the United States mail, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Bennett and vVestbrook of Dougherty-
House Bill No. 148. A bill to consolidate the offices of Tax Receiver and Tax Collector of Dougherty County, Georgia; to create the office of Tax Commissioner of 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 38, nays 0.
The bill having received the requisite Constitutional majority, was passed.

1238

JouRNAL oF THE SENATE,

By 1\{r. Brown of Glynn-
House Bill No. 265. A bill to amend the Act approved
Aug. 21, 1922, providing for a: secret and private ballot
at all elections held in this State, etc.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Chappell of Sumter-
House Bill No. 300. A bill to amend Section 813 of the Penal Code of 1910, providing for the appointment of member of the Board of Jury Commissioners of the several counties 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 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Comas of Appling-
House !3ill No. 755. A bill to prohibit the hunting of quail and turkey on specified days in Appling 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 34, nays 0.
The bill having received the requisite Constitutional majority, was passed.

TUESDAY, MARCH 14,1933.

1239

By Messrs. Lindsay, Hudgins and Turner of DeKalb-
House Bill No. 758. A bill to amend an Act to provide that in counties having a population of 125,000 or more, the power shall be vested in the Board of County Commissioners or the Ordinary in the event there be no such Board, to grant or refuse permission to establish cemeteries, sanitoriums, hospitals and similar institutions, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 757. A bill to provide that no person, firm or corporation shall establish, maintain or operate any public dance hall, swimming pool, or other place of public amusement outside of cities of a certain population without first obtaining permission from the County Commissioners, 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, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Minchew of Atkinson-
House Bill No. 768. A bill to amend an Act to create the office of Commissioner of Roads and Revenues in the County of Atkinson, and for other purposes.

1240

}OCRNAL 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 39, 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 Messrs. Lindsay, Hudgins and Turner of DeKalb-
House Resolution No. 129-591a. A resolution to authorize the State Librarian to furnish Municipal Court of Atlanta with certain Supreme and Court of Appeals Reports, 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, 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. Lindsay, Turner and Hudgins of DeKalbHouse Bill No. 587. A bill to incorporate the City of
Druid Hills, in the County of DeKalb.
Referred to Committee on lYiunicipal Government.

By Mr. Thrasher of Oconee-
House Bill No. 669. A bill to amend an Act of the General Assembly of Georgia codifying the school laws of Georgia, etc.

TeESDAY, MARCH 14, 1933.

1241

Referred to Committee on Education.

By Messrs. Lindsay, Hudgins and Turner of DeKalbHouse Bill No. 670. A bill to amend an Act to provide
a new Charter for the Town of Decatur.
Referred to Committee on Municipal Government.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 785. A bill to amend Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah.
Referred to Committee on Municipal Government.

By Messrs. Lindsay of DeKalb, and Eckford of Fulton-
House Bill No. 790. A bill to amend an Act to establish a new Charter for the City of Atlanta.
Referred to Committee on lYiunicipal Government.

By Mr. Palmour of Hall-
House Bill No. 824. A bill to amend an Act to establish a City Court in the County of Hall so as to fix the salary of the Judge and Solicitor of said Court.
Referred to Committee on Special Judiciary.

By Mr. Palmour of Hall-
House Bill No. 825. A bill to authorize the Board of Roads and Revenues of Hall County to cancel and destroy all unsold bonds of the issue of January 1, 1920.

Referred to Committee on Counties and County Matters.
The following privileged resolutions were read and adopted:

1242

]OGRNAL OF THE SENATE,

By Senator Culpepper of the 36th District-
A resolution extending the privileges of the floor to Honorable Alvan H. Freeman of Coweta County.

By Senator Cloud of the 19th District-
A resolution extending the privileges of the floor to Honorable D. H. Pope of Lincolnton.

By Senator Boykin of the 29th District-
A resolution extending the privileges of the floor to Honorable W. T. Dunaway, Clerk of Superior Court of Lincoln County; Judge Homer Legg, Ordinary; Honorable E. R. May, Mayor of Lincolnton; Honorable S. S. Sale of Lincolnton.

By Senator Turner of the 7th District, Senator Sparks of the 9th District-
A resolution extending the privileges of the floor to Honorable J. D. Haddoch, a former Senator from the 9th District.
The following resolution of the Senate was read and referred to the Committee on Privileges and Elections:
By Senators Cail of the 17th District, Boykin of the 29th District, and Sisk of the 30th District-
Senate Resolution No. 106. A resolution providing for the costs to candidates running for State House offices.
The following resolution of the Senate was read and adopted:

By Senator Boykin of the 29th DistrictSenate Resolution No. 107. A resolution to authorize

TUESDAY, MARCH 14,1933.

1243

the Governor to appoint 18 additional members of the Georgia Bicentennial Commission.

By unanimous consent the action of the Senate yesterday in passing House Resolution No. 18 7 was reconsidered and the resolution was ordered returned to the House:

Senator Cail of the 17th District moved that the Senate disagree to the adverse committee report on House Bill No. 96. The call for the ayes and nays was sustained and the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Andrews Baggett Boyd Cail Conner Culpepper Dean Dorminy Fetzer

Fudge Goldin Groover Hogg Howard of the 24th Howard of the 2nd Hubbard Jackson Lester Lovett

Moore Nelson Paschall Rivers Robertson Sisk Sparks Turner Tuten weaver

Those voting in the negative were Senators:

Campbell Carithers Cason Cloud

Colson Key Knox Morris of the 39th

Morris of the 5th Oliver Pottle Sims

The ayes were 29, nays 12, and the motion prevailed and the bill was restored to the calendar.

The following resolution of the Senate, continued from yesterday's session, was taken up for passage:

By Senators McWhorter of the 50th District, and Hubbard of the 31st District-
Senate Resolution No. 68. A resolution to amend the Constitution relative to local school taxation.

1244

JoGRNAL OF THE SE:'\'ATE,

The committee substitute was adopted.
The report of the committee, which was favorable to the passage of the resolution by substitute, was agreed to.

On the passage of the resolution 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:

Alston Boyd Boykin Cai! Cloud Culpepper Dorminy Fetzer Goldin

Haralson Howard of the 24th Howard of the 2nd Hubbard Jackson Key Lester Moore Morris of the 5th

Nelson Oliver Rivers Robertson Sims Sisk Sparks Tuten Weaver

Those voting in the negative were Senators:

Andrews Baggett Campbell Carithers Cason Conner

Fudge Groover Hogg Hutcheson Knox Lewis

Lovett Mallett Morris of the 39th Paschall Pottle Turner

The ayes were 27, nays 18, and the bill by substitute, having failed to receive the requisite two-thirds Constitutional majority, was lost.

Senator Lewis of the 20th District moved that the Governor's message giving his reasons for vetoing Senate Bill No. 52 be referred to the Committee on Banks and Banking with instructions to report not later than Thursday mormng.

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:

Tt:ESDAY, MARCH 14, 1933.

1245

Andrews Boykin Culpepper Dean Fetzer Hogg

Howard of the 2nd Hubbard Key Lewis l\~orris of t.he 39th Morris of the 5th Oliver

Paschall Pottle Rivers Robertson Sisk Sparks Turner

Those voting in the negative were Senators:

Baggett Boyd Cail Campbell Carithers Cason Cloud Colson Conner

Dorminy Fudge Goldin Groover Haralson Howard of the 24th Hutcheson Jackson Knox

Lester Lovett Mallett Moore Nelson Sims Terrell Tuten weaver

The ayes were 20, nays 27, and the motion was lost.

Senator Colson of the 4th District moved that action on
the Governor's veto of Senate Bill No. 52 be postponed
until tomorrow following the. period of unanimous consents. The call for the ayes and nays was sustained and the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Alston Andrews
Boyd Boy kin
Cason
Cloud Colson Culpepper

Dean
Fetzer Hogg
Howard of the 2nd Howard Of the 24th Hubbard
Key
Lewis

l\lorris of the 33th !\iorris of the 5th Pottle Robertson Sisk Sparks Terrell
Turner

Those voting m the negative were Senators:

Cail
Campbell
Carithers Conner Dorminy
Fudge Goldin
Groover

Haralson
Hutcheson
Jackson Knox Lester
Lovett Mallett
Moore

Nelson Oliver Paschall
Rivers Sims Tuten
Weaver

The ayes were 24, nays 23, and the motion prevailed.

1246

JouRNAL OF THE SENATE,

Senator Fetzer of the 1st District moved that the President appoint a committee of conference on the part of the Senate to confer with a like committee to be appointed by the Speaker of the House, on House Bill No. 100, a bill to adopt the Code of Laws approved by the Code Commission, and the motion prevailed, and the President appointed as a committee on the part of the Senate the following Senators:
Pottle of the 1Oth District, Colson of the 4th District, Fetzer of the 1st District.
The hour of adjournment having arrived, the President announced that the Senate stood adjourned until two o'clock this afternoon.

AFTERNOON SESSION
The Senate met at two o'clock this afternoon and was called to order by the President.
The committee appointed to investigate conditions at the State School for the Deaf at Cave Springs, submitted the following report through its Chairman, Senator Goldin of the 38th District, and the report was received and read and is as follows, to-wit:

COMMITTEE REPORT TO THE STATE SENATE

As Chairman of the Committee to investigate conditions at the State School for the Deaf at Cave Springs, Georgia, I wish to make the following report and recommendations:
I find that they have at present around three hundred pupils attending the school who, in addition to the regular literary courses, are given a special industrial training in the practical work shops which in my opinion is very fine for children of this unfortunate type.

TUESDAY, MARCH 14, 1933.

1247

They have a staff of twenty-four teachers of a select group especially tr~ined for this work and they very clearly demonstrated to us that they are efficient for this work.
The teachers' salaries range from one hundred dollars to one hundred and fifty-six dollars per month.
I find that they have in addition to the teachers sixteen other employees, as matrons, nurses, maids, servants and a man to look after the dairy and the farm, whose salaries range up to sixty dollars per month.
I find that in the industrial shops they repair their own shoes, do all the printing for the school, do all their laundrying, furnish their own lights, water and steam from the school power plant.
They have seventeen cows, twelve of which are giving a daily supply of approximately fifty-five gallons of milk which is a great and economic source of food supply.
I find the grounds and all the buildings very neatly kept, but recommend that some immediate repairs be made to the interior of some of the buildings, such as reflooring the dining hall, vestibule and patching and tinting the plastering of some of the walls and ceilings.
I wish to congratulate the superintendent, Mr. J. C. Harris, for his economic and efficient supervision of this deserving institution and further recommend that they be given an appropriation of not less than seventy-five thousand dollars per year for the next two years.
Respectfully yours,
SIDNEY M. GoLDIN, 38th District,
Chairman.
The following report from the Western and Atlantic Railroad was received and ordered spread upon the Journal:

1248

JocR~AL OF THE SENATE,

JOINT REPORT OF THE \VESTERN & ATLANTIC RAILROAD COMMITTEE OF THE SENATE AND HOUSE OF 1933

Members of the respective committees made an inspection of the \Vestern & Atlantic Railroad, including the terminal properties in Atlanta and Chattanooga, February 10 and 11, 1933. In view of certain conditions that have recently arisen, of which special mention will be made herein, the members carefully inspected the two hotels, property of the State of Georgia, in Chattanooga, that are leased to
J. B. Pound.
The committee reports that it found the railroad in excellent physical condition. The engineer of the Public Service Commission, who accompanied the committee, pointed out the improvements the lessee has made from time to time, bringing the property up to the highest standard of operating efficiency and it is its opinion, based on statements of the engineer, that the road is being fully maintained by the lessee in accordance with the requirements of the Lease Acts of 1915, and the contract executed May 11, 1917.
Due to the great decline in its operating revenues the past three years in comparison with the period from 1920 to 1930, the expenditures for additions and betterments
to the vVestern & Atlantic Railroad by the lessee, the Nash-
ville, Chattanooga & St. Louis Railway, have necessarily been smaller.
It is our information, however, that the total amount expended for additions and betterments for the period from the beginning of the new lease December 27, 1919, to December 31, 1932, is $2,628,102. Under the sixth section of the Lease Contract executed May 11, 1917, the lessee agreed to expend for this account not less than $60,000 a year for the fifty years the lease will run, a total of $3,-

TcESDAY, MARCH 14, 1933.

1249

000,000. It will be seen that in the thirteen years of the
new lease the lessee has already expended 87 per cent it
agreed to spend spread over the entire fifty years. It is because of these large expenditures for improvements in past years that the general condition of the property is so good, and justifies the lessee in conserving its expenditures to this account, though it has continued to maintain the road to the highest degree of safety. It is proper to add that all of the above improvements to the road become the property of the State of Georgia as specified under Section 11A of the Lease Act approved November 30, 1915, and the contract between the State of Georgia and the Nashville, Chattanooga & St. Louis Railway dated May 11, 1917.
The committee has been fully informed by the Public Service Comm.ission of the manner in which it dealt with
Mr. J. B. Pound in his failure to pay his monthly rentals
as provided in the contract between himself and the State of Georgia, whereby he leased the Eastern Hotel and Hotel Plaza (formerly Annex), property of the State in the City of Chattanooga. \Vhile proper leniency was shown Mr. Pound by the Public Service Commission, he was made to understand that he must comply with the terms of the contract and make arrangements to meet the accumulated deficits which on November 1, 1932, had reached the sum of
$7,155. It should be noted that the State holds United States Government Bonds of the face value of $9,5 50 as
security for one year's rental, but to have enforced the contract and evicted Mr. Pound would have put the State to the necessity of securing another lessee, and it is extremely doubtful if as satisfactory one or as good a contract could be obtained in view of the present condition of the real estate market generally.
As additional security for the arrears in rentals Mr. Pound has executed to the State of Georgia a deed in fee simple for all his right, title and interest in and to all the furnishings, equipment, etc., in the Eastern and Plaza

1250

JoURNAL OF THE SENATE,

Hotels. A careful inventory of the said furnishings and equipment made by the commission's engineer shows the value of the same at approximately $15,000. Governor Russell was kept advised of the situation from time to time and signified his approval of the Commission's actions, as well as signing the aforesaid deed. This document is recorded in the executive minutes and in the office of the Register of Hamilton County, Tennessee.

The committee is impressed with the excellent judgment exercised by the Public Service Commission in handling the Pound rental matter and it takes this occasion to express its full approval of its action. It furthermore appears to this committee that the Public Service Commission has fully and at all times fulfilled its responsibility in the supervision of the \Vestern & Atlantic Railroad as set forth in the Act approved November 30, 1915, and a joint resolution of the Senate and House of Representatives approved August 17, 1920.
The committee has examined with interest a book entitled "Western & Atlantic Railroad of the State of Georgia," which is on file with the State Librarian. Under a joint resolution of the Senate and House of Representa-
tives approved August 25, 1925, the Public Service Com-
mission was instructed to have its engineer, J. Houstoun Johnston, compile in one or more volumes all important facts and other data relating to the vVestern & Atlantic Railroad. It is the opinion of the committee that this book is a very valuable source of information upon all important matters connected with the State Road.

The committee wishes to bring to the attention of all members of the General Assembly its conviction that in the Western & Atlantic Railroad the State possesses a great asset, its physical value at this time being conservatively estimated at $20,000,000. It is further of the opinion that it shall now and at all times be jealously guarded against

TUESDAY, MARCH 14, 1933.

1251

encroachments of any sort that would impair its usefulness and thereby its value to the State.
On the inspection trip the train was halted a few moments at the larger stations between Atlanta and Chattanooga and the committee made an examination of the depots, particularly the freight rooms. In not one of these freight rooms was there freight either for shipment out or for local delivery of an amount that was worthy of notice. The respective agents stated that this was nothing unusual and that practically all of the business of the towns was being handled by trucks, instead of by the Western & Atlantic Railroad as was formerly the case. The committee was more than ever forcibly impressed with the fact that great harm is being done to the State's property by the lack of proper regulation of buses and trucks moving over highways built by the State.

Report of Western & Atlantic Railroad Committee of the House of Representatives and Senate dealing with the question of contract between the State of Georgia and Mr. f. B. Pound, providing additional security in the payment of rent for certain property in Chattanooga, Tenn.
This committee has been advised by the Georgia Public Service Commissioh of a certain contract entered into between the State of Georgia at the instance of said Commis-
sion, and J. B. Pound, providing additional security of the
payment of the rent due the State of Georgia under a contract leasing the Hotel Annex and Eastern Hotel in Chattanooga, Tennessee.
For reasons amply justifying the Commission, they se-
cured a contract under date of November 25, 1932, where-
by the title to all furnishings, equipment, etc., then contained in the Hotel Annex and Eastern Hotel in Chattanooga, Tennessee, conservatively estimated to be worth approximately $15,000.00, was conveyed to the State of

1252

JouRNAL OF THE SENATE,

Georgia. This contract was immediately recorded in the office of the Registrar of Hamilton County, Chattanooga, Tennessee. The terms of the contract, we find, have been very properly recorded in the minutes of the Georgia Public Service Commission, as well as in the Executive Minutes of the Governor's office.
\Ve have carefully gone into all details in connection with the condition bringing about this contract and giving
due consideration to present-day conditions as well as those obtaining for the past year, it is our best judgment that the Georgia Public Service Commission and Governor Rich-
ard B. Russell, Jr., are to be commended for the manner
in which this matter was handled. It appears that Governor Russell was advised of every detail and the action of the Commission had his approval in each instance.
vV e acknowledge thanks to Mr. J. Houstoun Johnston,
Engineer for the Commission, for his informative presentation of this entire matter to our committee.
Your committee has made a personal inspection of the
Western & Atlantic Railroad, terminal properties in At-
htnta and in Chattanooga, together with the non-railroad property in Chattanooga. \Ve find the railroad maintained in a very efficient manner; we find the hotel property, leased to J. B. Pound referred to in the foregoing, maintained in a satisfactory manner. In fact, we are pleased to report a very satisfactory condition of the State's property as a whole.
JoHN M. HuTCHESON, 44th District,
Chairman Senate Committee of \Vestern & Atlantic Rail-
road. J. H. CLARK, Catoosa County,
Chairman House Committee of vVestern & Atlantic Rail-
road.

TUESDAY, MARCH 14, 1933.

1253

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

By Senator Sims of the 35th District-
Senate Bill No. 281. A bill to amend the Charter of the City of Atlanta so as to permit payment of taxes m ten installments.
Referred to Committee on Municipal Government.

By Senator Sims of the 35th District-
Senate Bill No. 282. A bill to extend the limits of the City of Atlanta.
Referred to Committee on l\1unicipal Government.
The following Bill of the House, favorably reported by the committee, was read the second time:

By Mr. Epting of Clarke-
House Bill No. 96. A bill to provide for rules of evidence in determining valuations for rate making in Public Utilities.
Mr. Colson of the 4th District, Chairman of the Committee on Game and Fish, submitted the following report:
JYI r. Preside11t:
Your Committee on Game and Fish have had under consideration the following Bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill ~o. 94. Do pass as amended.
House Bill No. 503. Do pass.
House Bill No. 483. Do pass.

1254

JovRNAL OF THE SENATE,

House Bill No. 458. Do not pass. CoLSON, Chairman.

Mr. Rivers of the 15th District, Chairman of the Committe on Counties and County Matters, submitted the following report :

Mr. President:

Your Committee on Counties and County Matters have had under consideration the following Bill of the Senate and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:

Senate Bill No. 264. Do pass.

RIVERS, Chairman.

Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consideration the following Bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 399. By Mr. Collier of Madison. To repeal the Act creating the City Court of Danielsville, and for other purposes, do not pass.
House Bill No. 824. By Palmour of Hall, do pass.
SisK, Chairman.
The following Bill of the Senate was read the third time and put upon its passage:
By Senators Boykin of the 29th District and Terrell of the 37th District-
Senate Bill No. 262. A bill to provide that a consoli-

TUESDAY, MARCH 14, 1933.

1255

dated bank shall have the right of succession as trustee, 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, 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. Hartsfield of Fulton, Davis of Troup and Freeman of Monroe-
House Bill No. 43 7. A bill providing for lawfulness of flight, uniformity with Federal laws, regulating aviation, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following Bill of the Senate was read the third time and put upon its passage:
By Senators Carithers of the 27th District, Nelson of the 6th District, Key of the 28th District, Sisk of the 3.0th District, Lovett of the 16th District, Haralson of the 40th District, Boykin of the 29th District, Culpepper of the 26th District, and Turner of the 7th District-
Senate Bill No. 174. A bill to amend the Act to regulate banking, and for other purposes.
Amendment proposed by Mr. Key of the 28th, Turner of the 7th, Nelson of the 6th, and Carithers of the 27th to the Bill (Senate Bill No. 174) to amend an Act en-

1256

JocR~AL OF THE SENATE,

titled "An Act to regulate banking in the State of Georgia; to create the Department of Banking in the State of Georgia; to provide for the incorporation of banks, and the amendment, repeal and surrender of charters; to provide penalties for the violation of laws 'vith reference to banking and banking business, and for other purposes," approved August 19, 1919, and the several Acts amendatory thereof, and for other purposes, viz.: Add after the word "established" at the end of the paragraph beginning "Banks whose capital has been fully paid in," the following: "provided, that no bank with a capital of less than Five Hundred Thousand ( $500,000.00) Dollars, shall be permitted to establish branches," so that said paragraph as amended shall read as follows:
Branch Banks-"Banks whose capital has been fully paid in in cash and is unimpaired may establish branches in the cities in which they are located and elsewhere within the State by first obtaining the written consent of a majority of a Commission, hereby created, composed of the Governor, the State Treasurer, Comptroller-General, and the Superintendent of Banks thereto, who shall be required to give its consent, if the public convenience and advantage will be promoted by the opening of such branch. No b~anch bank shall be established unless the capital of the parent bank actually paid in exceeds the amounts required for the establishment of unit banks in the places where the parent bank and its branches are located plus the amount required for the establishment of a bank at the place where the proposed branch is to be established, provided, that no bank with a capital of less than Five Hundred Thousand ( $500,000.00) Dollars shall be permitted to establish branches.
Provided further, that the Commission above designated whose duty it is to investigate and ascertain whether or not the public convenience and advantage will be promoted shall not permit a bank to establish a branch bank in any

TLTESDAY, MARCH 14, 1933.

1257

town or city unless. said town or city shall be without any bank, or if in case there is an independent bank same shall be acquired either by purchase or contract before locating a branch bank therein.
Mr. Colson of the 4th District moved to amend Senate Bill No. 174 by adding after the words "vVho shall be required to give its consent" the following, "The said Commission before such consent, shall give not less than 90 days' notice to each bank, if any, in any county in which the proposed branch bank is proposed to be authorized."
Both amendments were adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 26, 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:

By Mr. Burton of Franklin-
House Bill No. 749. A bill to amend the Act to enable the Highway Department to repay its indebtedness to 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 26, 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.

1258

jOURNAL OF THE SENATE,

By Senator Tuten of the 46th District-
Senate Bill No. 172. A bill to amend Section 5553 of the Civil Code relating to service on non-residents.
Senator Morris of the 39th District offered the following amendment by adding after the word "publication" in the 19th line the following, changing the period after the word "publication" to a comma and adding tfie following: "as now provided by law."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 26, nays 6.
The bill as amended having received the requisite Constitutional majority, was passed.
Senator Dean of the 11th District moved that action on Senate Bill No. 195, a bill to create a delinquent Tax Commission, be deferred until tomorrow, and the motion prevailed.
Senator Colson of the 4th District moved that House Bill No. 194 be withdrawn from the committee, read the second time, and recommitted; and the motion prevailed.
The following Bill of the Senate was read the third time and put upon its passage:

By Senator Cail of the 17th District-
Senate Bill No. 4. A bill prescribing the death penalty for rape, which is an amendment to Section 94 of the Criminal Code of Georgia.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, MARCH 14, 1933.

1259

On the passage of the bill, the ayes and nays were called for.

The call was sustained and the roll was called, and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Be.ggett Boyd Boykin Cail Carithers Cason Cloud Colson Dean

Dorminy Fetzer Groover Haralson Howard of the 24th Howard of the 2nd Lovett Mallett Moore Morris of the 39th

Morris of the 5th Nelson Paschall Pottle Rob-ertson Sisk Tate Terrell Turner Tuten Weaver

Those voting in the negative were Senators:

Conner Fudge

Goldin Hogg

The ayes were 31, nays 5.

The bill having received the requisite Constitutional majority, was passed.
The following House Bills were read the third time and put upon their passage:
By Mr. Mundy of PolkHouse Bill No. 448. A bill to amend the Income Tax
Act of 1931.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill having received the requisite Constitutional majority, was passed.

1260

JocR~AL OF THE SE~ATE,

By Mr. Jones of LumpkinHouse Bill No. 305. A bill to amend the Fuel Distribu-
tors Act.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Lindsay, Turner and Hudgins of DeKalh-
House Bill No. 127. A bill to provide a period of limitation for the collection of charges on intrastate shipments due common car carriers operating in this State.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 3.
The bill having received the requ~site Constitutional majority, was passed.
The Senate adopted the recommendation of the Committee on Rules that when the Senate adjourns this afternoon that it reconvene at 7 :30 o'clock for a night session.
The Senate, by unanimous consent, voted to reconsider its action in passing this morning, under the head of local and uncontested House Bills, House Bill No. 103 and House Bill No. 300.
The following resolution was read and adopted:

By Senator Alston of the 12th District and others-
Senate Resolution No. 108. A resolution thanking Governor Talmadge and the Honorable Lindley Camp, Adjutant-General, for airplane flights over the city.

Tt:ESDAY, MARCH 14,1933.

1261

By unanimous consent action on House Resolution No. 192 was postponed.
The following Bill of the House was read the third time and put upon its passage:

By Mr. Mundy uf Polk-
House Bill No. 671. A bill to appropriate money for the maintenance of the Legislative Department for the year 1933 in addition to that already appropriated.

The committee offered the following amendment, "by

adding a new Section thereto to be known as Section 2, to

read as follows:



'Section 2. Be it further enacted that the further sum of two thousand dollars ($2,000.00) or so much thereof as may be necessary, be appropriated to be expended as expenses and per diem of the Georgia School Code Commission, said Commission being created under authority of House Resolution No. 100-634b of the General Assembly of 1931, the same to be paid out of any available funds in the Treasury, these funds to be immediately available. Committee moves to amend further by numbering remaining sections appropriately.' "
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 which carried an appropriation of money, the roll was called, and the vote was as follows:

Those voting in the affirmative were Senators:

Alston Andrews Baggett Boyd Cail

Cason Cloud Conner Ct;lpepper Dean

Dorminy Fetzer Fudge Goldin Groover

1262

JocRNAL OF THE SENATE,

Haralson Morris of the 5th Howard of the 24th Howard of the 2nd Hutcheson Mallett

Moore Morris of the 39th Nelson Oliver Paschall Pottle

RolYertson Sisk Tate Turner Tuten Weaver

Those voting in the negative were Senators:

Lovett

Terrell

The ayes were 33, nays 2.

The bill as amended having received the requisite Constitutional majority, was passed.

Senator .Cloud of the 9th District moved that further action on House Bill No. 300 be postponed indefinitely, and the motion prevailed.

The following Bill of the House was read the third time and put upon its passage, having been taken from the table on motion of Senator Cason of the 22nd District:

By Messrs. Defore, Gillen, and Park of Bibb-

House Bill No. 128. A bill to merge the Governments of the City of Macon and Bibb County.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, 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. Mixon of Irwin-
House Bill No. 103. A bill to provide for service of notice upon taxpayers by Assessors.
Senator Key of the 28th District offered the following

TUESDAY, MARCH 14, 1933.

1263

amendment, "to amend House Bill No. 103 by adding the following:
'Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same is hereby repealed.' "
The amendment was adopted.
Senator Morris of the 39th District and Senator Knox of the 3rd District offered the following amendment, "by adding a new Section numbered 2 reading as follows:
'Provided that said County Tax Assessors shall finish and complete their work within thirty days.' "
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 28, nays 0.
The bill as amended having received the requisite Constitutional majority, was passed.
Senate Bill No. 114. A bill to rewrite the School Code was taken up for passage and read the third time and by unanimous consent went over as unfinished business tomorrow.
The following Bills of the Senate were read the third time and put upon their passage:

By Mr. Sims of the 35th District-
Senate Bill No. 217. A bill to provide for joint trial of defendants jointly indicted.
Senator Paschall of the 43rd District offered an amendment which was adopted.

1264

JouR~AL 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 were 22, nays 5.
The bill having failed to receive the requisite Constitutional majority, was lost.
By Senators Key of the 28th District and Sims of the 35th District-
Senate Bill No. 257. A bill to regulate redemption of property sold under tax fi. fas.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, nays 2.
The bill having received the requisite Constitutional majority, was passed.
Senator Sims of the 35th District asked unanimous consent that Senate Bill No. 219, a bill to provide for amendments of indictments in criminal cases, be postponed until tomorrow, and the consent was granted.
Senator Colson of the 4th District asked unanimous consent that House Bill No. 575 be withdrawn from the committee, read the second time, and recommitted, and the consent was granted.
By unanimous consent House Bill No. 690 was withdrawn from the committee, read the second time, and recommitted.
The following Bill of the Senate was read the third time and put upon its passage:

By Senators Turner of the 7th District and Nelson of the 6th District-

TUESDAY, MARCH 14, 1933.

1265

Senate Bill No. 264. A bill to amend the "Highway Mileage Act."
Senators Nelson and Turner offered the following amendment:
"Amend last line in Section 2 by inserting between the word 'between' and figures '68' the word 'pages,' and by striking from said last line of Section 2 the figures '68' and '69' and inserting in lieu thereof the figures '268' and '269.'"
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, nays 0.
The bill as amended having received the requisite Constitutional majority, was passed.
The following Privileged Resolution was read and adopted:

By Senator Sisk of the 30th District-
A resolution extending the privileges of the floor to Hon. Robert Harrison, Ordinary of Jeff Davis County.
Senator Sisk of the 30th District moved that action on Senate Bill No. 198, a bill to prohibit the collection of the service charge by distributors of electricity, be postponed, and the motion prevailed.
Senator Fetzer of the 1st District moved that House Bill No. 271 and House Bill No. 272 be withdrawn from the Committee on Amendments to the Constitution and recommitted to the Committee on Public Utilities, and the motion prevailed.

1266

JouRNAL OF THE SENATE,

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

By Messrs. Sammon of Gwinnett and Black of Forsyth-
House Bill No. 94. A bill to provide for the use of wire fish baskets in certain counties.
The committee offered the following amendment:
"By adding in the caption of said bill, after the word Monroe, the words Telfair, Ben Hill and Butts; and by adding after the word Monroe in Section 1 of said bill the words Telfair, Ben Hill and Butts; and by adding after the word Monroe in Section 2 of said bill, the words Telfair, Ben Hill and Butts."
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 28, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Mr. Clark of Catoosa-
House Bill No. 503. A bill to regulate fishing with hook and line devices.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill having received the requisite Constitutional majority, was passed.

TUESDAY, MARCH 14, 1933.

1267

By Mr. Dobbins of Morgan-
House Bill No. 483. A bill to provide for the use of wire baskets in waters of Morgan County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill having received the requisite Constitutional majority, was passed.
The following Bills of the Senate were read the third time and put upon their passage:
By Senator Colson of the 4th District-
Senate Bill No. 244. A bill to amend the charter of the City of Brunswick, etc.
The report of the committee, which was favorable to the passage of the bill, \vas agreed to.
On the passage of the bill, the ayes were 39, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Senator Colson of the 4th District-
Senate Bill No. 241. 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 29, nays 0.
The bill having received the requisite Constitutional majority, was passed.
By Senator Colson of the 4th District-
Senate Bill No. 239. A bill to amend the charter of the
City of Brunswick.

1268

Joc-RNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill having received the requisite Constitutional majority, was passed.
Senator Sisk of the 30th 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.

'"EDNESDAY, MARCH 15, 1933.

1269

SENATE CHAMBER, ATLANTA, GA. WED~ESDAY, MARCH 15, 1933.
The Senate met pursuant to adjournment, at ten o'clock A. M. this day and was called to order by the President.
Prayer was offered by the ChaplaiH.
On motion, the calling of the roll was dispensed with.
Senator ':Veaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.
By unanimous consent the reading of the Journal was dispensed with.
Senator Carithers of the 27th District gave notice that he would move at the proper time that the Senate reconsider its action yesterday in passing House Bill No. 671.
Senator Jackson of the 21st District gave notice that he would move at the proper time that the Senate reconsider its action in failing to pass Senate Resolution No. 68.
The Journal was confirmed.
Senator Nelson of the 6th District asked unanimous consent that House Bill No. 271 and House Bill No. 52 be withdrawn from the Committee on Amendments to the Constitution and recommitted to the Committee on Public Utilities, and the consent was granted.
The Committee on Rules submitted the following report which was read and adopted:
1\Ir. President:
Your Committee on Rules establishes the following order

1270

JouR~AL OF THE SENATE,

of business for today's session, immediately following the period of Unanimous Consents, to-wit:
All unfinished business in its regular order. Your committee recommends that the President be authorized and instructed to take up for consideration any bill in such order as he deems most propitious, reserving the right of the Chairman of the Appropriations Committee to call up the Appropriation Bill at any time after the completion of the unfinished business for the day.
Your committee makes the following recommendations for limitation of debate: each proponent of a bill shall be limited to ten minutes; one selected opponent shall be limited to twenty minutes except where there is a minority report in which case the opponents shall have the same time as the proponent. Any Senator desiring to debate any question shall be limited to five minutes' time for debate.
Your committee further recommends that the Senate adjourn at one o'clock until two o'clock and remain in session from two o'clock until five o'clock.

Respectfully submitted, GEO. \V. FETZER, Vice Chairman, \VM. M. LESTER, Secretary.
Mr. J. M. Fudge of the 8th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture have had under consideration the following Bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 183-803a. Do pass.
Mr. Howard of the 2nd District, Chairman of the Com-

vVEnNEsnAv, MARcH 15, 1933.

1211

mittee on Municipal Government, submitted the following report:

AIr. President:

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

House Bill No. 690. By Patten of Tift, do pass as amended.
House Bill No. 806. By Dickey of Gordon, do pass as amended.

House Bill No. 790. By Lindsay of DeKalb and others, do pass.

House Bill No. 670. By DeKalb delegation, do pass.

House Bill No. 785. By Chatham delegation, do pass.

House Bill No. 587. By DeKalb delegation, do pass.

Senate Bill No. 278. do pass.
Senate Bill No. 281. pass.

By Howard of the 24th District, By Sims of the 35th District, do

Senate Bill No. 282. By Sims of the 35th District, do pass.

Mr. Sims of the 35th District, Chairman of the Committee on Appropriations, submitted the following report:

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

1272

JOGR"i\'AL OF THE SE~ATE,

House Bill No. 403. Do pass by substitute. SIMS, 35TH DISTRICT, Chairman.

Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

J\;lr. President:
Your Committee on Counties and County Matters have had under consideration the following Bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 825. By l\lr. Palmour of Hall, do pass.
House Bill No. 404. By Messrs. Culpepper of Fayette, Harris of Richmond and others, do pass.
House Bill No. 194. By Mr. Brown of Glynn, do pass by substitute.
House Bill No. 575. By Mr. Brown of Glynn, do pass.

Mr. President:
Your Committee on Enrollment have read and approved the following Acts of the Senate and have instructed me, as Chairman, to report the same back to the Senate as being ready for transmission to the office of the Governor:
Senate Acts Nos. 84, 128, 212, 237, 238, 245, 246.
Senate Resolution No. 100.
Respectfully submitted,
G. C. ALsTo~, 12TH DISTRICT, Chairman.

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

\VED:"'ESDAY, MARCH 15, 1933.

1273

1\1r. President:
The House has passed by the reqms1te Constitutional majority the following Bills of the House, to-wit:

By l\fr. Cain of Crisp-
House Bill No. 802. A bill to abolish the fee system in Crisp County, Georgia; to provide for the payment of salaries to certain County Officers in said County, and for other purposes.

By Mr. Lott of Coffee-
House Bill No. 820. A bill to amend an Act entitled an Act to abolish the offices of Tax Receiver and Tax Collector of Coffee County, Georgia; to create the office of County Tax Commissioner of Coffee County, Georgia, etc., by repealing Section 10 of said Act, and for other purposes.

By Mr. Clements of \Vheeler-
House Bill No. 821. A bill to amend an Act entitled an Act to create the offices of Tax Collector, Tax Receiver, and County Treasurer of the County of \Vheeler, State of Georgia, etc., and for other purposes.

By Messrs. Thompson, Hendricks and Mrs. Tolbert of Muscogee-
House Bill No. 822. A bill to amend the charter of the City of Columbus by amending the Act approved August 8, 1918, so that persons may be allowed to vote upon the payment of all poll tax and the city street and capitation tax, and for other purposes.

By Mrs. Tolbert, and Messrs. Thompson and Hendricks of Muscogee-
House Bill No. 823. A bill to amend the charter of the City of Columbus by amending the Act approved August

1274

JouRNAL oF THE SENATE,

13, 1931, by striking the proviso for the refunding to officers and employees of the premiums on life insurance policies on a pro rata basis, and for other purposes.

By Mr. Kiker of Fannin-
House Bill No. 829. A bill to amend, consolidate and supersede the several Acts incorporating the City of Blue Ridge, in the County of Fannin, State of Georgia, and all amendments in respect thereto, 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 reqmsite Constitutional majority the following Bills of the House, to-wit:

By Messrs. Mundy and Peek of Polk-
House Bill No. 831. A bill to amend an Act approved August 27, 1931, entitled an Act to amend an Act approved December 13, 1898, amending, consolidating and superseding the several Acts incorporating the City of Cedartown, 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 reqmsite Constitutional majority the following Bills of the House, to-wit:
By Messrs. Stanton and Twitty of Ware-
House Bill No. 759. A bill to be entitled an Act to
amend an Act creating a Commissioner of Roads and Revenues for the County of Ware; so as to provide for a budget Commission, and for other purposes.

VVEDNESDAY, MARCH 15, 1933.

1275

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 Mr. Rogers of Wayne-
House Bill No. 110. A bill to provide for holding four terms in each year of the Superior Court of Wayne County, Georgia; to prescribe the time for holding the same, and for other purposes.

By Mr. Rogers of Wayne-
House Bill No. 111. A bill to provide for the repeal of an Act approved July 31, 1916, establishing the City Court of Jesup, and providing for the abolition of the City Court of Jesup, and for other purposes.

By Mr. Goolsby of Jasper-
House Bill No. 564. A bill to consolidate the offices of Tax Collector and Tax Receiver, and to create the office of County Tax Commissioner of Jasper County, Georgia, and for other purposes.

By Mr. Goolsby of Jasper-
House Bill No. 565. A bill to abolish the office of County Treasurer of Jasper County, Georgia; to provide for selection of depository or depositories, and for other purposes.

By Messrs. Hill and Peters of Meriwether-
Hause Bill No. 754. A bill to amend an Act approved February 17, 1877, entitled an Act to amend an Act to con-

1276

JouRNAL OF THE SENATE,

stitute a Board of Commissioners for the County of Meriwether by fixing the compensation of the Commissioners; by providing for the employment of a Clerk of said Board, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. Preside1lt:
The House has disagreed to the Senate amendments to the following Resolutions of the House, to-wit:

By Mr. Vaughn of Rockdale-
House Resolution No 51-257a. A resolution to provide certain volumes of the Reports of the Supreme Court and Court of Appeals of Georgia to the Commissioners of Rockdale County, for the use of the Superior Court.
By Messrs. Lane of Jenkins and Pope of Toombs-
Hause Resolution No. 86. A resolution recommending that the State Highway Board enter into road contracts with the various counties of the State for the construction of State Aid roads with convict forces.
The following Resolutions of the House were read the third time and put upon their passage:
By l\1r. Sammon of Gwinnett-
House Resolution No. 131-634a. A resolution to relieve surety of Sam Green.
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, nays 0.
The resolution having received the requisite Constitutional majority was passed.

vVEn:-;rEsDAY, MARcH 1s, 1933.

1277

By Messrs. Crawford, Davis and Lanham of Floyd-
House Resolution No. 139-647b. A resolution to relieve \V. H. Coker as bondsman.
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, 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:

By Mr. Patten of Tift-
House Bill No. 690. A bill to amend an Act creating a charter for the City of Tifton.
The following amendment to House Bill No. 690 was offered by the committee:
Section 71. Be it further enacted, that from and after the passage of this Act, that the City Commissioners of the City of Tifton, shall call an election to be held in said city, within ten days after the passage of this Act, at which election there shall be referred to the qualified voters of said city, as to whether or not this Act shall be adopted by the City of Tifton, and that there shall be prepared tickets and furnished to the polls in said election as follows: "For Ratification of New Charter for the City of Tifton," "Against Ratification of New Charter for the City of Tifton." And if the majority of the qualified registered voters of said City of Tifton as shown by the lists used at last general election should vote for ratification of the new charter of the City of Tifton, then this charter shall become operative and effective for said city. And unless a majority of the qualified registered voters of the City of Tifton as shown by the list used at the last general elec-

1278

JouRNAL OF THE SENATE,

tion should vote for the new charter of the City of Tifton then this charter and Act shall not become effective for said City of Tifton. In case of a tie then another election for the same purpose shall be called in the same manner, to be held within ten days, at which time the question shall be again voted upon to determine the question as above described.
Sec. 72. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same is hereby repealed, provided this Act is ratified as provided herein.
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,
nays 0.
The bill, as amended, having received the requisite Constitutional majority was passed.
The following Resolution of the House was read the second time :

By Mr. Duncan of Houston-
House Resolution No. 183-803 a. A resolution providing for the purchase and use of the products of the farms, mines and factories of G_eorgia by the Supervisor of Purchases and Boards, etc., in preference to those produced elsewhere.
The following Bills of the House were read the second time:

By Messrs. Culpepper of Fayette, Harris of Richmond and others-
House Bill No. 404. A bill to amend Section 1207 of

vVEoNEsnAY, MARcH 15, 1933.

1279

the Civil Code providing for the amount of bonds of Tax Collectors of this State.

By Messrs. Lindsay, Turner, and Hudgins of DeKalb-
House Bill No. 587. A bill to incorporate the City of Druid Hills.

By Messrs. Lindsay, Hudgins and Turner of DeKalb-
House Bill No. 670. A bill to amend an Act providing for a new charter for the Town of Decatur.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 785. A bill to amend Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah.

By Messrs. Lindsay of DeKalb and Eckford of Fulton-
House Bill No. 790. A bill to amend an Act to establish a new charter for the City of Atlanta.

By Mr. Dickey of Gordon-
House Bill No. 806. A bill to amend an Act creating a new charter for the City of Calhoun.
By Mr. Palmour of Hall-
House Bill No. 824. A bill to amend an Act establishing a City Court in the County of Hall.

By Mr. Palmour of Hall-
House Bill No. 825. A bill authorizing Board of Roads and Revenues of Hall County to cancel and destroy all unsold bonds of the issue of January 1, 1920.

1280

JocR~AL OF THE SE~ATE,

The following Bills of the Senate were read the second time:

By Senator Howard of the 24th District-
Senate Bill No. 278. A bill to amend charter of City of Columbus.

By Senator Sims of the 35th District-
Senate Bill No. 281. A bill to amend the charter of the City of Atlanta.

By Senator Sims of the 35th District-
Senate Bill No. 282. A bill to extend the City limits of the City of Atlanta.

The following bills of the Senate were read the third time and put upon their passage:

By Senator Hutcheson of the 44th District-
Senate Bill No. 269. A bill to amend an Act creating a new charter for the Town of Linwood in \Valker County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, \vas agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Senator Andrews of the 23d District-
Senate Bill No. 271. A bill to fix the amount of bond of the Sheriff of Crawford County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 15,1933.

1281

On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Senator Andrews of the 23d District-
Senate Bill No. 273. A bill to amend Section 695 of the Political Code enumerating who is subject to road duty or commutation tax in lieu thereof, 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, nays 0.
The bill having received the. requisite Constitutional majority was passed.

By Senator Cail of the 17th District-
Senate Bill No. 276. A bill to provide for the time and manner of payment of commissions to Tax Collectors in Counties having a population of 26,550 to 26,750, 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, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Senator Cail of the 17th District-
Senate Bill No. 277. A bill to require representation from each ward on the governing bodies of cities having a population of from 15,000 to 18,000, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1282

JouRNAL OF THE SENATE,

On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite Constitutional majority was passed.
The following Bills of the House were read the third time and put upon their passage:

By Mr. Williams of Bacon-
House Bill No. 523. A bill to amend an Act creating the County Criminal Court of Bacon County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 683. A bill providing for payment by counties having a certain population of actual costs incurred in Superior Courts, etc., for the trial and conviction of all convicts.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Mr. Donaldson of Bulloch-
Hause Bill No. 762. A bill to create a new charter for the City of Millen.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, MARCH 15, 1933.

1283

On the passage of the bill the ayes were 38, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 773. A bill to amend an Act providing for a new charter for Town of Stone Mountain.
The report 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. Rawlins of Ben Hill-
House Bill No. 77 5. A bill to amend an Act rev1smg the charter of the City of Fitzgerald.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 37, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Bean and Dorsett of Carroll-
House Bill No. 781. A bill to amend an Act to establish a system of public schools for the City of Carrollton, 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, nays 0.
The bill having received the requisite Constitutional majority was passed.

1284

JOL'RNAL OF THE SENATE,

By Mr. Davis of Mitchell and others-
House Bill No. 788. A bill to amend an Act to create a new charter for the City of Camilla.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 34, nays 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Johnson of Montgomery-
House Bill No. 796. A bill to reduce the bond of Sheriff of Montgomery County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite Constitutional majority was passed.
By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 805. A bill to provide that in counties of a certain population the Sheriff shall collect the taxes due the State and 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, nays 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Jenkins of Dooly-
House Bill No. 814. A bill to provide for construction and financing of a County High School Building, Dooly County, and for other purposes.

WEDNESDAY, MARCH 15, 1933.

1285

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 31, nays 0.
The bill having received the requisite Constitutional majority was passed.

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

By Mr. Brunson of Laurens-
House Bill No. 791. A bill to amend an Act creating a new charter for the City of Dublin.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 33, nays 0.
The bill having received the requisite Constitutional majority was passed.

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

By Mr. Brown of Glynn-
House Bill No. 194. A bilJ to consolidate the offices of Tax Receiver and Tax Collector of Glynn County.
Senator Colson of the 4th District offered the following substitute:

A BILL
To be entitled an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Glynn County, Georgia; to provide that said consolidation shall become effective January 1, 193 7, and to provide the term of

1286

JOURNAL OF THE SENATE,

office of the officer performing the duties of said consolidated offices, to be known as Tax Commissioner, and the manner of his election; to provide for filling of any vacancy in said office; to prescribe the oath and bond to be given by said Tax Commissioners; to abolish the commissions now paid said Tax Receiver and Tax Collector, and fix the compensation of said Tax Commissioner; to provide for clerical assistance to said Tax Commissioner, if necessary; to authorize the levy and collection of a tax to pay said Tax Commissioner and his assistants, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same:
Section 1. That, in accordance with and by authority of an amendment to the Constitution of the State of Georgia, approved August 18, 1924, and ratified at the general election of 1924, the offices and duties of the Tax Receiver and Tax Collector of Glynn County, Georgia, shall, on and after the first day of January, 1937, be and remain consolidated, and the official performing the duties of said two offices shall be known as "Glynn County Tax Commissioner."
Sec. 2. Said Tax Commissioner shall hold office for four years, and shall be elected in the same manner as other County Officers.
Sec. 3. Said Tax Commissioner shall be commissioned and qualified as the clerks of the Superior Courts are.
Sec. 4. If a vacancy, for any cause, occurs in said office of Tax Commissioner, it shall be filled in the following manner:
(a) If said vacancy occurs within six months of the expiration of the existing term, the Board of Commissioners of Roads and Revenues of Glynn County, Georgia, shall appoint some qualified person to discharge the duties of

WED~ESDAY, M.'\RCH 15, 1933.

1287

said consolidated office for the remainder of said term, and the person so appointed shall be commissioned and qualified as clerks of the Superior Courts are, and shall receive the pro rata part of the compensation accruing to said office for the time so appointed.
(b) If said vacancy occurs more than six months prior to the expiration of the existing term, the Board of Commissioners of Roads and Revenues of Glynn County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office until a Tax Commissioner is elected, and it shall be the duty of the Ordinary of Glynn County, Georgia, to call a special election for the election of a Tax Commissioner to serve the remainder of said term, which election shall be ordered not sooner than 20 days and not later than 40 days after said vacancy occurs. And the Ordinary shall give notice, of the date of said election by publication thereof in a public gazette published in Glvnn County, Georgia, and before the Court House door of said County at least ten days before said election. The person elected on said day shall perform the duties of said consolidated office for the unexpired term of his predecessor. The return of said election shall be made to the Governor, who shall commission the person so elected. The person so temporarily appointed and the person so elected shall each receive his pro rata part of the compensation accruing to said office for tht; time he serves.
Sec. 5. Should any two or more candidates at an election to fill said vacancy, or at any regular election, have the highest and an equal number of votes, said Ordinary shall call and advertise another election within twenty days, in the manner above prescribed, and so do until a choice is made.
Sec. 6. Said Tax Commissioner, whether elected or appointed, before entering on the duties of his office, beside the oath required by all civil officers, shall take and sub-

1288

JouR::-JAL OF THE SENATE,

scribe the following oath: "I swear that I will truly and faithfully perform the duties of County Tax Commissioner of Glynn County, Georgia, that is to say, all duties heretofore required and prescribed for Tax Receiver and Tax Collector and such other duties as might be required by law; that I will not receive any return but on my oath or affirmation; that I will search out and make a return of all defaulters, polls, professions, and all taxable property not returned; that I will account for and pay over all taxes collected by me, as required by law; and will, to the best of my ability, carry out all the requirements made upon me by law, so help me God."

Arid said Tax Commissioner shall, at the same time, give bonds and security, as follows: Bond and security, payable to His Excellency the Governor, and his successors in office, in a sum equal to one-half of the State tax estimated to be due from Glynn County for the year for which said officer is required to give bond, the amount of the bond to be filled up by the Comptroller-General before being sent out to the County from the Executive Office, and to be conditioned as bonds of Tax Receivers for State taxes are now conditioned. (b) Bond and security, payable to the Board of Commissioners of Roads and Revenues of Glynn County, Georgia, conditioned for the faithful performance of his duties as such Tax Commissioner, in a sum to be fixed by said Board of Commissioners, which said bond must be filed with and approved by said Board of Commissioners, and recorded on the records of said hoard. The security on both of said bonds shall be a reliable bonding company. If said Tax Commissioner, whether elected or appointed, shall fail and neglect to give said bonds, as
above required, within ten days from the time of beginning the discharge of the duties of his office, said Board of Com-
missioners of Roads and Revenues of Glynn County shall declare a vacancy in said office, which vacancy shall be filled in the manner above provided.

\VEDNESDAY, MARCH 15, 1933.

1289

Sec. 7. Said Tax Commissioner, whether elected or appointed, shall perform each, every and all of the duties now required by law of both the Tax Receiver and Tax Collector of Glynn County, Georgia, and in the manner prescribed by law; shall be subject to all the pains and penalties, and shall have all the rights, powers, and privilege of said two offices and officers.

Sec. 8. The commissions now fixed and allowed by law to the Tax Receiver and Tax Collector of Glynn County, Georgia, for the return and collection of State, County, School District, and any and all other taxes, including pro-
fessional and special licenses, shall on or after Januarv 1.
1937, be abolished and no longer charged or allowed, and the said commissions shall be paid by the said Tax Commissioner into the Treasury of Glynn County, Georgia.

Sec. 9. That the said Tax Commissioner shall receive, and be paid, as full compensation for all duties performed by him as receiver and collector of State, County, School District and any and all other taxes, including professional and special licenses, the sum of three thousand, six hundred and no/100 dollars a year, which shall be paid by Glynn County, Georgia, in monthly installments.

Sec. 10. If, in the judgment of the Board of Commissioners of Roads and Revenues of Glynn County, said Tax Commissioner should at any time need any clerical assistance, said board shall authorize the Tax Commissioner to employ same; the salary and term of employment of such assistant or assistants to be fixed by said board.

Sec. 11. The Board of Commissioners of Roads and Revenues of Glynn County, Georgia, is further authorized and empowered, for and in behalf of Glynn County, to levy and collect a tax upon all taxable property in Glynn County, Georgia, sufficient to pay said salary of said Tax Commissioner and such clerical assistance as he might have.

1290

JouR~AL OF THE SENATE,

Sec. 12. Provided, however, that this Act shall not become operative until the same shall have been submitted to a special election to be held in said county on the first Tuesday in March, 1936, and shall receive a majority of the votes cast in said special election. The said special election herein provided for shall be held under the same provisions now in force for the holding of special elections. Should said referendum favor the consolidation of the two offices herein provided for, then said officer shall be elected in the general election in 1936.
Sec. 13. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the pasage of the bill by substitute the ayes were 33, nays 0.
The bill by substitute 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 Sims of the 35th DistrictSenate Bill No. 178, as follows, to-wit:
A BILL

To be entitled an Act to amend Paragraph 2a, of Section 1, of Article 11, of the Constitution of the State of Georgia, regulating the consolidation of State and County Governments, where population of City exceeds 52,900, by providing for the consolidation of the Government of the City of Atlanta with that of the County of Fulton,

\VEDNESDAY, MARCH 15, 1933.

1291

notwithstanding the fact that the corporate limits of the City of Atlanta are included within more than one county.
Section 1. Be it enacted by the General Assembly of the State of Georgia, That Paragraph 2a, of Section 1, of Article 11, of the Constitution of the State of Georgia as amended by the Act of the General Assembly, approved _______________, 1924, and duly ratified by the people according to law be, and the same is hereby, amended by inserting the following additional proviso reading as follows:
"Provided however that the General Assembly shall have the power to consolidate and combine all governmental functions and powers now vested in and exercised by the City of Atlanta with that of the County of Fulton, in the same manner as provided in this Section for the consolidation of City and County Governments, notwithstanding the fact that a part of the territory of Atlanta is located in the County of DeKalb.
"Further provided, however, that if this right is exercised that the part of the City of Atlanta which now lies in the County of DeKalb, as at present constituted, shall not be included in this merger, and further provided that such municipal services as now derived by the citizens of Atlanta, residing in DeKalb County, from the municipal authorities of the City of Atlanta as at present constituted, shall continue to be derived from the consolidated political sub-division upon payment by such citizens, at the rate of taxation prescribed by the consolidated sub-division, for such purposes.
"Further provided, that in the grant of powers by the General Assembly to the consolidated political sub-division such powers shall be defined by the General Assembly as either 'Municipal' or 'County.' Those powers defined as 'County' shall not be exercised in that part of the present City of Atlanta now lying in DeKalb County, nor shall services defined as 'County' be extended by the government

1292

JouRNAL oF THE SE:~,ATE,

of the consolidated political sub-division to that part of the present City of Atlanta now lying in DeKalb County, nor shall the citizens of DeKalb County, residing in that part of the present City of Atlanta now lying in DeKalb County, pay any taxes to the aforesaid government of the consolidated political sub-division for the maintenance of 'County' services.
"Further provided, that if the Governments of the City of Atlanta and County of Fulton be consolidated as above set forth, the General Assembly shall have the power to omit either the name of Atlanta or that of Fulton in naming the consolidated political sub-division, anything in the Constitution of the State of Georgia to the contrary notwithstanding."
Sec. 2. Be it further enacted, that if this Constitutional amendment shall be agreed to by two-thirds of the members of the General Assembly of each House, the same shall be entered on each Journal, with the ayes and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each Congressional District for two months, immediately preceding the next general election, and the voters thereat shall have written or printed on their ticket "For ratification of Amendment to Paragraph 2a, Section 1, Article 11 of the Constitution" (providing for the consolidation of the Government of the City of Atlanta with that of the County of Fulton) or "Against ratification of Amendment to Par~ graph 2a, Section 1, Article 11 of the Constitution" (against providing for the consolidation of the Government of the City of Atlanta with that of the County of Fulton) as they may choose, and if a majority of the electors qualified to vote for members of the next General Assembly voting, shall vote in favor of ratification, then said amendment shall become a part of Article 11, Section 1, Paragraph 2a of the Constitution of this State, and the Governor shall make proclamation thereof.

vVEoNESDAY, MARcH 1s, t933.

1293

Be it further enacted, That all laws and parts of laws in conflict with this Act, be and the same 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 a proposal to amend the Constitution, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Andrews Baggett Boyd Boy kin Cail Campbell Carithers Cason Cloud Conner Culpepper Dean Dorminy

Fetzer Fudge Goldin Groover Haralson Hogg Howard of the 24th Hubbard Hutcheson Jackson Knox Mallett Moore

Morris of the 39th Morris of the 5th Nelson
Oliver Rivers Robertson Sims Sisk Sparks Terrell Turner Tuten Weaver

The ayes were 39, nays 0.

The roll call was verified.

The bill having received the requisite Constitutional twothirds majority was passed.

Senator Nelson of the 6th District asked unanimous consent that House Bill No. 101 be withdrawn from the committee, read the second time and recommitted, and the consent was granted.
Senator Jackson of the 21st District moved that the Senate reconsider its action in failing to pass Senate Resolution No. 68, a resolution by Senators Mc\Vhorter and Hubbard,

1294

JOURNAL OF THE SENATE,

to amend the Constitution as to local taxation for schools. The motion prevailed and the resolution was restored to the calendar.
The following bills of the House were introduced, read the first time and referred to committees:

By Mr. Cain of Crisp-
House Bill No. 802. A. bill abolishing the fee system in Crisp County.
Referred to Committee on Special Judiciary.

By Mr. Lott of Coffee-
House Bill No. 820. A bill to amend an Act abolishing the office of Tax Receiver and Tax Collector of Coffee County.
Referred to Committee on Counties and County Matters.

By Mr. Clements of Wheeler-
House Bill No. 821. A bill to amend an Act creating the offices of Tax Receiver and Tax Collector of Wheeler County.
Referred to Committee on Counties and County Matters.
By Messrs. Thompson, Hendrix and Mrs. Tolbert of Muscogee-
House Bill No. 822. A bill amending an Act relating to the charter of the City of Columbus.
Referred to Committee on Municipal Government.

By Mrs. Tolbert and Messrs. Thompson and Hendrix of Muscogee-
House Bill No. 823. A bill amending an Act approved

WEDNESDAY1 MARCH 15, 1933.

1295

August 13, 1931, relating to charter of the City of Columbus.
Referred to Committee on Municipal Government.

By Mr. Kiker of Fannin-
House Bill No. 829. A bill to amend, etc., Acts incorporating City of Blue Ridge.
Referred to Committee on Municipal Government.

By Messrs. Mundy and Peek of Polk-
House Bill No. 831. A bill amending Acts relating to incorporating City of Cedartown.
Referred to Committee on Municipal Government.
By Messrs. Stanton and Twitty of Ware-
House Bill No. 759. A bill to amend an Act creating a Commissioner of Roads and Revenues for Ware County.
Referred to Committee on Counties and County Matters.
The following privileged resolutions were read and .adopted:
By Senators Tuten of the 46th District and Terrell of the 37th District-
A resolution extending the privileges of the floor to the Honorable E. L. Tanner, Mayor of Douglas.

By Senator Mallett of the 26th District-
A resolution extending the privileges of the floor to Mrs. H. A. Carithers, wife of the Senator from the 27th District.

By Senator Conner of the 14th DistrictA resolution extending the privileges of the floor to the

1296

JoURNAL OF THE SENATE,

Honorable John H. Dorsey, of Abbeville, former member of this body.

By Senator Conner of the 14th District-
A resolution extending the privileges of the floor to Miss Emily Woodard, ex-President of the Georgia Press Association.

By Senator Weaver of the 25th District-
A resolution extending the privileges of the floor to the Honorable J. \V. McDaniel, of Upson County.

By Senators Knox of the 3rd District and Tuten of the 46th District-

A resolution extending the privileges of the floor to the
Honorable J. B. Moore, a former member of the General
Assembly.
Senator Campbell of the 34th District moved that the
Senate override the veto of Senate Bill No. 52, by His Ex-
cellency, the Governor. The roll was called and the vote was as follows:

Those voting in the negative were Senators:

Alston Andrews Baggett
Boyd Boykin Cail Campbell
Carithers Cason Cloud Colson Conner Culpepper
Dean Dorminy

Fetzer Fudge Goldin
Groover Haralson Hogg Howard Of the 24th Howard of the 2nd Hubbard Hutcheson
Jackson Knox Lester Lovett Mallett

C\loore :Vlorris of the 39th :\lorris of the 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Terrell
Turner Tuten
Weaver

\VEDNESDAY, MARCH 15, 1933.

1297

The ayes were 0 and the nays 46, and the motion to override the veto was lost.
The roll call was verified.
Not voting: Senators Edmondson of the 42nd District, Key of the 28th District, Lewis of the 20th District and Tate of the 41st District.
Senator Haralson of the 40th District asked unanimous
consent that House Bill No. 52, and House Bill No. 271 be
withdrawn from the committee, read the second time and recommitted, and the consent was granted.
Senator Cail of the 17th District asked unanimous consent that Senate Resolution No. 106 be withdrawn from the committee, read the second time and recommitted, and the consent was granted.
Senator Culpepper of the 36th District asked unanimous consent that the Senate adjourn at 12:45 o'clock this afternoon, and the consent was granted.
The following communication from Senators Carithers and Lovett was read: H on. H ami/ton j\fcfVlzorter, President of the Senate,
DEAR MR. PRESIDENT:
As a token of our love and esteem we present you with this photograph of America's outstanding public servant, Honorable Franklin Delano Roosevelt.
May we, at this time, express to you our confidence, our loyalty, and our very best wishes for the years to come.
Sincerely yours, H. A. CARITHERS, Of the 27th District. \V. H. LovETT, Of the 16th District.

1298

Jm:RNAL OF THE SENATE,

The President received the handsome portrait in appropriate remarks of appreciation and patriotism.
The following resolution of the Senate, laid on the table for one day at yesterday's session, was taken up for consideration:

By Senator Boykin of the 29th District-
Senate Resolution No. 105. A resolution that the State Treasurer sue the bondsmen of the former Commissioner of Agriculture to recover monies allegedly illeg'ally spent.
The President left the Stand. Senator Colson of the 4th District presided.
After the debate on the resolution had progressed for some while the President resumed the Chair.
The hour of adjournment, as fixed by a motion made earlier in the session, having arrived, the President announced that the Senate stood adjourned until two o'clock this afternoon.

AFTERNOON SESSION

The Senate met at two o'clock this afternoon and was called to order by the President.

Senate Resolution No. 10 5, continued from the morning session, was taken up.

The question was on the adoption of the resolution. The call for the ayes and nays was sustained and the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Boykin

Cloud

Lewis Lovett

vVEDNESDAY, MARCH 15, 1933.

1299

Those voting in the negative were Senators:

Alston Andrews Baggett Boyd Cail Campbell Carithers Conner Culpepper Dean Dorminy Fetzer

Fudge Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Jackson Knox Mallett Moore Morris of the 39th

Morris of the 5th Nelson Oliver Paschall Rivers Robertson Sims Sisk Terrell Turner Tuten Weaver

The ayes were 4, nays 36. The roll call was verified, and the resolution failed of adoption.

Not voting: Senators Cason of the 22nd District, Colson of the 4th District, Edmonson of the 42nd District, Hubbard of the 31st District, Hutcheson of the 44th District, Key of the 28th District, Lester of the 18th District, Pottle of the 1Oth District, Sparks of the 9th District and Tate of the 41st District.

Mr. Culpepper of the 36th District, Chairman of the Committee on Highways and Public Roads, submitted the following report :

Mr. President:

Your Committee on Highways and Public Roads have had under consideration the following: House Bill No. 657 and House Bill No. 136-640B, the same being a resolution, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:

House Bill No. 65 7 do pass, and that House Resolution No. 136-640B do pass.
N. F. CULPEPPER, Chairman,

Committee on Highways and Public Roads.

Mr. Rivers of the 15th District, Chairman of the Com-

1300

JoGR~AL OF THE SENATE,

mittee on Counties and County l\1atters, submitted the following report:

Afr. President:
Your Committees on Counties and County Matters have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 783. By Messrs. Sutton and Parker of Colquitt, do pass by substitute.
House Bill No. 821. By Mr. Clements of Wheeler, do pass.
House Bill No. 782. By Messrs. Sutton and Parker of Colquitt, do pass.
Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass. towit:
House Bill No. 802.
House Bill No. 729.
SisK, Chairman.
Mr. J. C. Lewis of the 20th District, Chairman of the
Committee on General Judiciary No. 1, submitted the following report :

Mr. President: Your Committee on General Judiciary No.1 have had un-

WED~ESDAY, MARCH 15, 1933.

1301

der consideration the following Senate bills, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
Senate Bill No. 279.
Senate Bill No. 280.
Mr. Boykin of the 29th District, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:
Your Committee on Banks and Banking have had under consideration the following resolution of the House, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass by substitute:
House Resolution No. 105.
Respectfully submitted,
BoYKI~ of the 29th District, Chairman.
Mr. Howard of the 24th District, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

1\1r. President:
Your Committee on Hygiene and Sanitation have !lad under consideration the following bill, Senate Bill No. 260, by Senator Tuten of the 16th District, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
Mr. Nelson of the 6th District, Chairman of the Committee on Industrial Relations, submitted the following report:

1302

JouRNAL OF THE SENATE,

Mr. President:
Your Committee on Industrial Relations have had under consideration the following bill of the House, House Bill No. 101, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 101. Do pass.
The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator Tuten of the 46th District-
. Senate. Bill No. 260. A bill amending an Act regulat-
mg nursmg.

By Senator Fetzer of the 1st District-
Senate Bill No. 279. A bill to amend Section 1140 of the Civil Code of 1910, to allow the owner of an equity or lien in property returned for taxation to pay the tax against part and secure a release.

By Senator Lewis of the 20th District-
Senate Bill No. 280. A bill providing for the return to a surety of money paid by settlement of criminal recognizances within two years.
The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Parker and Sutton of ColquittHouse Bill No. 729. A bill to amend an Act creating
the City Court of Colquitt County.
By Messrs. Sutton and Parker of Colquitt House Bill No. 782. A bill to abolish the Board of
Commissioners of Roads and Revenues of Colquitt County.

WEDNESDAY, MARCH 15, 1933.

1303

By Messrs. Sutton and Parker of Colquitt-
House Bill No. 783. A bill to create the office of Commissioner of Roads and Revenues of Colquitt County.

By Mr. Calhoun of Wilkes-
House Bill No. 657. A bill to amend the Highway Act.
The following resolution of the House, favorably reported by committee, was read the second time:

By Messrs. Cartledge of Richmond, Myrick and Alexander of Chatham, and others-
House Resolution No. 136-640B. A resolution to designate and name the George Washington Highway.
The following bill of the House was read the third time and put upon its passage:

By Mr. Brown of Glynn-
House Bill No. 575. A bill to consolidate and combine governmental powers and functions of the City of Brunswick with the governmental functions of the County of Glynn.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 36, nays 0.
The bill having received the requisite Constitutional majority was passed.
The following bill of the Senate was read the third time and put upon its passage:

By Senator Dorminy of the 45th District-
Senate Bill No. 139. A bill to provide for additional exemption from jury service.

1304

JouR::-JAL 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, 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 Sims of the 35th DistrictSenate Bill No. 256, as follows, to-wit:

A BILL
To be entitled an Act to amend Article 7, Section 2, Paragraph 2 of the Constitution of this State, which relates to the power of the General Assembly to exempt from taxation public property, so that the General Assembly may exempt from taxation the property of persons, corporations and institutions operating hospitals and infirmaries, sanatoria or clinics where the profit or income, if any, is devoted to charity or educational purposes, 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 Article 7, Section 2, Paragraph 2 of the Constitution of this State be, and the same is, hereby amended by adding to and at the end of said paragraph the following words: "The General Assembly shall further have power to exempt from taxation the property of persons, corporations and institutions operating hospitals, infirmaries, sanatoria or clinics where the profit, if any, or income, if any, is devoted to charitable or educational purposes.
Sec. 2. Be it further enacted, that if the Constitutional amendment shall be agreed to by two-thirds of the members of the General Assembly of each House, the same shall be

WEDNESDAY, MARCH 15, 1933.

1305

entered on their Journal, with the ayes and nays taken thereon, and the Governor shall cause the amendment to be published in one or more of the newspapers in each Congressional District for two months immediately preceding the next general election, and the same shall be submitted to the people at the next general election, and the voters thereat shall have written or printed on their ticket, "For ratification of amendment of Article 7, Section 2, Paragraph 2 of the Constitution of this State" (for authorizing the General Assembly to exempt from taxation the property of persons, corporations and institutions operating hospitals, infirmaries, sanatoria or clinics where the profit, if any, or income, if any, is devoted to charitable or educational purposes), or "Against ratification of amendment of Article 7, Section 2, Paragraph 2 of the Constitution of this State" (against authorizing the General Assembly to exempt from taxation the property of persons, corporations and institutions operating hospitals, infirmaries, sanatoria or clinics where the profit, if any, or income, if any, is devoted to charitable or educational purposes), as they may choose, and if a majority of the electors qualified to vote for members of the next General Assembly voting shall vote in favor of ratification, then said amendment shall become a part of Ar ticle 7, Section 2, Paragraph 2 of the Constitution of this State, and the Governor shall make proclamation thereof.
Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are, 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 a proposal to amend the Constitution, the roll was called and the vote was as follows:

1306

JoGRNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Alston Andrews Baggett Boyd Cail Campbell Carithers Cason Cloud Colson Conner Dean Dorminy

Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Key Knox Lovett Moore Morris of the 39th

Morris of the 5th Nelson Oliver Paschall Rivers Robertson Sims Sisk Sparks Terrell Tuten Weaver

The ayes were 38, nays 0.

The bill having received the requisite two-thirds Constitutional majority was passed.

Senator Boykin of the 29th District gave notice that he would move at the proper time that the Senate reconsider its unfavorable action on Senate Resolution No. 105.

Senator Boykin of the 29th District rose to a question of personal privilege and addressed the Senate.

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

By Senator Sisk of the 30th DistrictSenate Re(lolution No. 109, as follows, to-wit:

A JOINT RESOLUTION
Whereas, the last scene in the life of Moses pictured him standing on the top of Pisgah surveying the beautiful land beyond the Jordan-the promised inheritance of the tribes of Israel. In his farewell song, declaring the majesty and works of God, Moses described "the precious things of the lasting hills"; and

WEDNESDAY, MARCH 15, 1933.

1307

Whereas, the hills of Palestine upon which Moses gazed with enraptured eye are but the type of the hills of North Georgia. Blessed of the Lord be this our State for "the precious things of the lasting hills"; and
Tl7 hereas, among "the precious things of the lasting hills" of Georgia are the brilliant flowers of blushing hues and gorgeous colors with which nature has adorned and clothed the earth; the branching trees waving their green banners in the glow of the setting sun; the sparkling streams carrying life and fertility through the country as they flow onward to the sapphire sea; the dashing waters, harnessed and trained to useful purposes after they leave their hillside homes; the mineral treasures of shining gold and sparkling gems, and veins of iron and beds of coal, and other hidden treasures of secret places; and

Whereas, there is no greater treasure, no thing more precious in "the lasting hills" of Georgia than the Martha Berry School, standing in majesty on the Berry Hill. This hill is full of brightness and beauty and echoes with voices of music and gladness-the voices of thousands of boys and girls of the Southern section of the Appalachian mountains whom Martha Berry has brought out of the darkness of ignorance into the light of intelligence, and has set their feet in the grand march of enlightenment and social improvement; and

Whereas, little things often make the great beauty and success of life. From a little old log cabin in the woods of Floyd County there has risen a great educational institution consisting of beautiful groups of one hundred imposing structures, surrounded by five thousand acres of beautified lands, representing a property value of more than one million dollars. This spectacle of splendor and greatness is a grand monument to the wonderful creative genius, the unconquerable energy, the resistless power and noble human sympathy of Martha Berry, a native-born daughter of Geor-

1308

JouR~AL OF THE SE~ATE,

gia, and one of the most remarkable women in the American nation. Of this great character and influential force the distinguished W"illiam McAdoo enthusiastically said: "I would rather have done what she has done than to have dug the Hudson tunnels"; and
JVhereas, because of her achievements, Martha Berry has been decorated with medals of honor by prominent organizations. She has caught the attention of this Republic, and will continue to gather new glories for her school from its ever-expanding and brightening destinies. The Berry School has become a Mecca where statesmen, financiers, educators, artists, scientists and poets love to gather. It is one of the fortresses of Georgia's strength from which go forth the forces that are the best protectors of the liberties of the people and the free institutions of the commonwealth; and
Whereas, the intellectual and spiritual training of children is the whole basis of the Republic. Martha Berry has shaped the minds and characters of thousands of boys and girls for time and eternity.
Therefore, be it resohed by the General Assembly of Georgia, that it contemplates with patriotic pride and glowing admiration the wonderful welfare work of Martha Berry, and it hereby expresses to her the gratitude of the State for her marvelous service in changing conditions of human helplessness and discontent into an existence of use- . fulness and happiness. The achievements of Martha Berry will always be a part of the true greatness and glory of Georgia.
Be it further resolved that the Secretary of the Senate transmit a copy of this resolution to Miss Berry upon its adoption by the House and Senate, and that same be spread upon the Journals of each branch of the General Assembly.

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

WEDNESDAY, MARCH 15, 1933.

1309

By Senator Fetzer of the 1st District-
Senate Bill No. 181. A bill to regulate the issuing and distribution of propaganda; to provide a penalty therefor, and for other purposes.
Senator Howard of the 24th District offered the following amendment: "By writing after the word 'propaganda,' in line 6, to-wit: 'which might be harmful or tend to destroy the Government of the United States.' And to strike out the words 'of any kind or character,' or any State thereof."
The amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 30, nays 4.
The bill having received the requisite Constitutional majority was passed.
The following protest was filed by Senator Howard of the 24th District:

Mr. President:
I desire to file the following protest to Senate Bill No. 181 for the following reasons :
I tried to amend it so as to define the word "propaganda" as it might be construed in the bill. The amendment failed to pass. As the law is written I believe it is a violation of the Constitutional right of free speech. I see no reason to interfere with propaganda either spoken or written unless such propaganda is harmful.
CHAS. N. HowARD, Senator of the 24th District.

1310

JouRNAL OF THE SENATE,

The following bills of the Senate were read the third time and put upon their passage:

By Senator Terrell of the 37th District-
Senate Bill No. 272. A bill to amend House Bill No.
59, approved March 13, 1933, etc.
Senator Campbell moved that the bill be tabled, and the motion prevailed.
The following resolution of the Senate was read and adopted:

By Senators Culpepper of the 36th District and Morris of the 39th District-
Senate Resolution No. 110. A resolution that the conference committee on the Tag Bill, viz., House Bill No. 182, report to the Senate not later than 10:00 o'clock tomorrow mormng.
By unanimous consent the Senate voted to remain in session until six o'clock this afternoon.
The following resolution of the House was read the third time and put upon its passage:

By Mr. Vaughn of Rockdale-
House Resolution No. 105. A resolution that Congress enact legislation to provide for the reasonable and controlled inflation and expansion of currency and credit.
The committee offered the following substitute:

A BILL
To be entitled an Act amending an Act approved on the twenty-eighth day of August, 1931, amending Section 12 56 of the Civil Code of 1910, relating to bonds to be given by State depositories so as to, require the giving of

\VEDNESDAY, MARCH 15, 1933.

1311

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 with the State Treasurer besides United States and State bonds, validated county or municipal bonds and State warrants issued by the Governor for school purposes 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 saine, that Section 1256 of the Civil Code of 1910 and Acts amendatory thereto relating to bonds of State depositories be further amended by striking from said section the following words:
"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 provided by law as to which there has been no default in payment either of principal or interest, said ~onds 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 money, or all of the bonds mentioned, or bv either method." and substitute in lieu therefor:
Provided, that in lieu of such surety bond the State depository may deposit with the State Treasurer-
( a) Bonds of the United States.
(b) Bonds of this State, or
(c) Duly validated bonds or any city or town in the State having a population of not less than 6,000, and duly validated bonds of any county in fhe State having a population of not less than 25,000, as shown by the last report of the United States Census Bureau, provided said city, town or county has been in existence for a period of ten ( 10) years, and for a period of five ( 5) years previously has not

1312

JocR""AL OF THE SEXATE,

defaulted in the payment of any part of either principal or interest on any funded debt authorized to be contracted by it, and where the gross funded indebtedness does not exceed seven ( 7 <;'c) per cent of the valuation of its taxable property, to be ascertained by the last preceding valuation for the assessment of taxes.
(d) The notes or certificates from time to time issued by the Governor of the State for the payment of public school teachers, said notes being issued in anticipation of the collection of taxes for any year, and being the same notes authorized by an Act of the General Assembly approved July 18, 1927, said Act being made for the purpose of carrying into effect a Constitutional amendment to Article 7, Section 3, Paragraph 1 of the Constitution, which was ratified by the people of the State in November, 1926.
A State depository may secure deposits made with it in part by a surety bond, or in part by a deposit of money, or all of the other bonds, notes or certificates above mentioned, or by either method.
Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the pasage of the bill, by substitute, the ayes were 36, nays 0.
The bill, by substitute, having received the requisite Constitutional majority was passed.
The following bill of the Senate was read the third time and put upon its passage:

WEDNESDAY, MARCH 15, 1933.

1313

By Senators McWhorter of the 50th District and Hubbard of the. 31st District-
Senate Bill No. 114. A bill to simplify, revise and rewrite the School Code.
The committee offered the following substitute:

A BILL
To be entitled an Act to provide for the adoption of a uniform series of text-books for use in the public schools of the State of Georgia; to create a Text-Book Commission; to define the duties and powers of said Commission; to make an appropriation for carrying this Act into effect; to repeal all laws and parts of laws in conflict with this Act.
Section 1. Be it enacted by the General Assembly of the State of Georgia, that there shall be adopted a uniform series of text-books on the basal subjects named herein which shall be used in all the public schools of this State. That a schedule of dates and periods of adoption shall be so arranged that the expense of making changes, when deemed necessary and desirable, will be distributed over a period of years, and that all adoptions shall be made for a period of six years.
The subjects upon which the books are to be adopted for the elementary grades shall be divided into three groups, as follows: Group ( 1) Arithmetic, Reading; Group ( 2) Geography, History, Civics, Spelling; Group ( 3) Language and Grammar, Health and Hygiene, Writing. Adoptions of books for the elementary grades shall occur in years ending in odd numbers, and in the order of grouping named in this Act, only one group of subjects to be adopted in any one year.
The subjects upon which books are to be adopted for the high school grades shall be divided into three groups, as

1314

JoURNAL OF THE SENATE,

follows: Group ( 1) English Composition and Rhetoric, World History, American History, Civics; Group (2) Algebra, Geometry, Business Arithmetic, First-Year Latin and Second-Year Latin; Group ( 3) General Science, Biology, Chemistry, Physics, Commercial Geography. Adoptions of books for high school grades shall occur in years ending in even numbers, and in the order of grouping named in this Act, only one group of subjects to be adopted in any one year.
The State Text-Book Commission shall adopt books only upon the basal subjects named above, the .selection and adoption of supplementary books and books on any other branches of study being left to the local school authorities.
Sec. 2. A State Text-Book Commission shall be created, consisting of five school men, to be nominated by the State Superintendent of Schools and appointed by the Governor. To be eligible for appointment on this Commission a man must have been a citizen of Georgia for not less than five years prior to appointment; he must be a graduate of some recognized A-grade college, and must have been engaged in actual school work in this State either as teacher or admistrative officer for not less than five consecutive years prior to appointment; and he must be a man of well-known character and ability.
The first Commission to be appointed under this Act shall be appointed not later than January 10, 1934. One member shall be appointed for one year, one for two years, one for three years, one for four years, and one for five years; all subsequent appointments to be for a full period of five years. Any vacancy occurring by death or resignation of a member of said Commission shall be filled by appointment in the usual way for his unexpired term.
Sec. 3. The State Text-Book Commission shall meet not later than the first day of March of each year. They shall canvass all expiring adoptions, and determine what books

WEDNESDAY, MARCH 15, 1933.

1315

should be continued in use and what books should be changed. Books to be continued in use shall be immediately contracted for in the usual way for a period of si'x years. In making new adoptions and contracts at the expiration of contracts in effect at the passage of this Act, care must be taken to so arrange adoption periods that subsequent adoptions will occur as indicated in Section 1 of this Act.
When the Text-Book Commission has decided what books should be changed in any given year, they shall advertise for bids upon those subjects only, for a period of thirty days, at the end of which time they shall meet at the State Capitol and remain in continuous session until the adoption is made, provided that all adoptions must be completed within five days after the Commission meets for the purpose of adopting. All adoptions must be completed and contracts signed not later than the fifteenth day of May of each year.
Sec. 4. It is provided that publishers shall be required to bid in the State of Georgia the lowest wholesale prices at which they furnish the same books anywhere in the United States; also the lowest retail price to the pupil, when the publisher is responsible for retail prices through local merchants or dealers; and the lowest exchange price given anywhere in the United States.
Publishers shall be required to deposit with the State Treasurer, at the time of filing their bids, the sum of Five Hundred Dollars ( $5 00.00), said sum to be forfeited to the State if the bidder should fail or refuse to execute such contract and bond as is hereinafter required. All bills shall be sealed and deposited with the Secretary of the TextBook Commission, to be delivered by him to the Commis sion when it meets for the purpose of adopting books.
As soon as the adoption has been completed the AttorneyGeneral shall immediately prepare a form of contract and bond in accordance with the terms of this Act. Publishers

1316

JoURNAL OF THE SENATE,

entering into a contract with the State of Georgia for furnishing school books under the provisions of this Act shall furnish the State a bond with some surety company authorized to do business in this State in a sum of not less than Three Thousand Dollars ( $3,000.00) nor more than Five Thousand Dollars ($5,000.00), guaranteeing the faithful performance of said contract. Contracts when executed by the publisher and tendered with proper bond attached are to be signed by the Governor and attested by the Secretary of State.
Sec. 5. The members of the State Text-Book Commis-
sion shall receive a remuneration of Ten Dollars per day for the time they are actually engaged in the work of making adoptions, and necessary expenses. Each member of the Commission shall make out a statement of his time and expenses and swear to it; when approved by the State Superintendent of Schools, the Governor shall issue a warrant upon the general school fund of the State for the amount.
Sec. 6. The text-books adopted under the provisions of this Act are to be used in all the public schools of the State, except those that have charter exemptions under the Constitution of this State; and it is hereby provided that local school systems purchasing their own text-books and either furnishing them free or renting them to pupils are exempt from the provisions of this Act, but have the privilege of purchasing any of the State adopted books at State contract prices if they so desire.
Sec. 7. All other laws on the statute books of this State relating to the adoption, use, and distribution of school books are hereby repealed, immediately upon the passage of this Act.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.

WEDNESDAY, MARCH 15, 1933.

1317

On the passage of the bill, by substitute, the ayes were 47, nays 1.
The bill, by substitute, having received the requisite Constitutional majority was passed.
Senator Key of the 28th District rose to a question of personal privilege and addressed the Senate.

Senator Turner of the 7th District asked unanimous consent that the Senate reconsider its action this morning in passing House Bill No. 690, as amended, for the purpose of incorporating an additional amendment, and the consent was granted. And Senator Moore of the 47th District offered to amend the bill by inserting at the end of the last word in Section 3, the following: "The Mayor, Councilmen, and members of the School Board elected in said elections shall be sworn in and take office the first Monday night in the month following the election."
The amendment was adopted and incorporated in the bill.

The following resolution, by unanimous consent, was reconsidered and taken up for passage:

By Senators McWhorter of the 50th District and Hubbard of the 31st District-
Senate Resolution No. 68. A resolution to amend Article 8, Section 4, Paragraph 1 of the Constitution relative to local school taxation.
The committee offered a substitute which 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, being a proposal to amend the Constitution, the roll was called and the vote was as follows:

1318

jOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Andrews Boyd Boy kin Cail Cloud Dean Dorminy Fetzer

Goldin Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Moore

Morris of the 5t.h Nelson Oliver Rivers Sims Sisk Terrell Weaver

Those voting in the negative were Senators:

Alston Baggett Cason Colson Conner

Fudge Hogg Knox Lovett

Morris of the 39th Paschall Sparks Turner

The ayes were 24, nays 13. The roll call was verified.

The bill, by substitute, having failed to receive the requisite Constitutional majority was lost.

Those not voting were Senators Campbell of the 34th District, .Carithers of the 27th District, Culpepper of the 36th District, Edmondson of the 42nd District, Groover of the 49th District, Haralson of the 40th District, Lester of the 18th District, Lewis of the 20th District, Mallett of the 26th District, Pottle of the 1Oth District, Robertson of the 32nd District, Tate of the 41st District and Tuten of the 46th District.

Senator Fetzer of the 1st District moved that when the Senate adjourns this afternoon it reconvene at 7 :30 o'clock . tonight, and the motion prevailed.

The President announced that the hour of adjournment had arrived and that the Senate stood adjourned until 7 :30 o'clock tonight.

WEDNESDAY, MARCH 15, 1933.

1319

NIGHT SESSION

The Senate met at 7 :30 o'clock tonight and was called to order by the President.
Senator Sims of the 35th District, Chairman of the Appropriations Committee, requested the President to call up the General Appropriations Bill for passage, to-wit:
By Mr. Mundy of Polk-
House Bill No. 403. A bill to make appropriations for the operation of the State Government, and for other purposes.
The committee offered the following substitute:
A BILL
To be entitled an Act to make appropriations for the operation of the State government, for the support of its eleemosynary institutions, for aid to the University system and to the common schools of the State, for aid to the counties for roads and for the payment of the public debt and the interest thereon, for the calendar years 1934 and 1935; to provide for a reduction in the sums appropriated for certain purposes in the event of a deficiency in revenue in either of the periods covered under this Act; to suspend the operation of parts of Acts allocating certain revenue for special purposes, so that such revenues shall be paid into the General Fund of the State Treasury to reimburse the General Fund for the payment of appropriations herein made in fixed amounts in lieu of such allocated revenues; to provide that 3% of certain revenues allocated under existing laws for special purposes shall be paid into the general funds of the Treasury to reimburse the general government cost allocable to such special purposes; and, to repeal conflicting laws.
Be it enacted by the General Assembly of Georgia, and

1320

JouRNAL OF THE SENATE,

it is hereby enacted, that the sums of money hereinafter set out, be and the same are hereby appropriated for the calendar years 1934 and 1935:

FORTHECALENDARYEAR

1934

1935

SECTION !-AGRICULTURE, DEPARTMENT OF

( 1) For expenses of operation --------------------$ 146,000.00 $ 146,000.00

( 2) For expenses of operation of the division of the State Veterinarian, to be used in eradicating cattle tick, bovine tuberculosis, hog cholera, and contagious diseases among live stock; in meat market and slaughter house inspections; in eradicating cattle lice
and B. Vv. D in
chickens ------------------$

50,000.00 $

50,000.00

SECTION 2-AUDITS,DEPARTMENT OF
For expenses of operation ------------------------$ 65,000.00 $ 65,000.00

SECTION 3-BANKING, DEPARTMENT OF

For expenses of operation _________________________

97% of the allocations fixed by law.

vVEoNEsoAY, MARcH 15, 1933.

1321

FOR THE CALENDAR YEAR

1934

1935

SECTION 4-COMPTROLLER GENERAL
For expenses of operation --------------------------$ 15 0,000.00 $ 15 0,000.00

SECTION 5-EDUCATION, DEPARTMENT OF

( 1) For administration expense of operation of the department ______ -----------------$

54,600.00 $

54,600.00

( 2) For the salaries of County School Superintendents __________$

95,400.00 $

95,400.00

(3) For grants for aid to common schools of State, including aid to consolidated schools u n d e r the provisiOns of the Barrett-Rogers Act___$3, 75 0,000.00
Provided, that of this item an amount equal to Georgia's Federal allotment for vocational education shall be expended f o r t h i s phase of the common school program according to the provisions of the plan adopted by the State Board of Education.

$4,2 50,000.00

1322

JoURNAL OF THE SENATE,

FORTHECALENDARYEAR

1934

1935

And, . provided further, that of this item $2,7 50.00 shall be expended for the operation of the school at the Tuberculosis Sanatorium.

(4) For grants for aid of the common schools and consolidated schools under the provtswns of the Common School Equalization Act____

The allocation fixed by law.

( 5) For the expenses of vocational industrial rehabilitation in cooperation with the U. S. Government____$

30,000.00 $

30,000.00

SECTION 6-ENTOMOLOGY, DEPARTMENT OF
For the expenses of operation ------------------------$ 40,000.00 $ 40,000.00

SECTION 7-FORESTRY AND GEOLOGICAL DEPARTMENT

( 1) For expenses of operation. (Allocation to activities left in discretion of Commission.) ----------------$

50,000.00 $

50,000.00

WEDNESDAY, MARCH 15, 1933.

1323

FOR THE CALENDAR YEAR

1934

1935

(2) For t h e development of the paper pulp industry in this
State ------------------------$

20,000.00 $

20,000.00

SECTION 8-DEPARTMENT OF GAME AND FISH
For expenses of operation -------------------------- 97% of the allocations fixed by law.

SECTION 9-GOVERNOR

( 1) For the expenses of o p e r a t i on of the Governor's office ____$

25,000.00 $

(2) For expenses of operation of offices of Supervisor of Pur-
chases ----------------------$

' 10,000.00 $

(3) For expenses of operation of offices of Keeper o f P u b 1i c Buildings and Grounds and mamtenance of Confederate Cemetery at Marietta and for repairs to the roof of the Capitol ______________$

50,000.00 $

(4) For payment of rewards ______________________$
(5) For publishing notices required by

2,000.00 $

25,000.00 10,000.00
40,000.00 2,000.00

1324

JouRNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

law _______ ----------------$ 10,000.00 $ 2,000.00

( 6) For publishing and distributing the Acts and Journals of the Genera I Assembly and the Codes of Georgia ________ ---------$

15,000.00 $

15,000.00

( 7) For an Emergency Fund for allotment under the provisions of Section 8 of the Budget Act ------------$

100;000.00

$ 100,000.00

SECTION 10-HIGH\VAYS, DEPARTMENT OF

( 1) For the administrative expenses of operation of the department and for the construction and maintenance of State road system __ _ ______

97 j~ of the allocations fixed by law.

SECTION 11-INDUSTRIAL RELATIONS, DEPARTl\IENT OF

( 1) For expenses of operation of the Division of Commerce and Labor --------------$

10,000.00 $

10,000.00

( 2) For expenses of operations for adminis-

'VEDNESDAY, MARCH 15, 1933.

1325

tering t h e W ark-
men's Compensation Act __________________________

FOR THE CALENDAR YEAR

1934

1935

Allocations fixed by law.

SECTION 12-LAW, DEPARTMENT OF
For the expenses of operation _______________ $ 30,000.00 $ 30,000.00

SECTION 13-LIBRARY
( 1) For printing and distributing the reports of the Supreme and Appeals Courts ------$
( 2) For the expenses of other operations _____ $ Provided, the salary of the State Librarian shall be $3,600.00 yearly.

10,000.00 $ 10,000.00

10,000.00 10,000.00

SECTION 14-LIBRARY COMMISSION

For the expenses of operation _______________$
Provided, that $1,500.00 annually shall be expended f o r new books.

10,000.00 $

10,000.00

SECTION 15-MILITARY, DEPARTMENT OF

For the expenses of operation and aid to the military organizations _______________ ----$

40,000.00 $

40,000.00

1326

JOURNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

SECTION 16-NAVAL STORES SUPERVISING INSPECTOR
For the compensation of the supervising naval stores inspector ____________________ 97% of the allocations fixed
by law.

SECTION 17-PRISON COMMISSION

( 1) For the expenses of operation of Commission --------------------$

30,000.00 $

( 2) For expenses of operation of Prison Farm in Baldwin
County --------------------$

90,000.00 $

( 3) For expenses of operation of Prison Farm in Tattnall County --------------------$

15,000.00 $

30,000.00 90,000.00 15,000.00

SECTION 18-PUBLIC HEALTH, DEPARTMENT OF
For expenses of operation --------------------$ 15 0,000.00 $ 15 0,000.00
Provided, that the tuberculosis c1i n i c and the trachoma work shall be continued.

WEDNESDAY, MARCH 15, 1933.

1327

FOR THE CALENDAR YEAR

1934

1935

SECTION 19-PUBLIC SERVICE COMMISSION
For expenses of operation --------------------$ 75,000.00 $ 75,000.00

SECTION 20-REVENUE COMMISSION

( 1) For expenses of operation of Cigar and
Cigarette a n d Delinquent Tax Division ____________________________ $

85,000.00 $

85,000.00

( 2) For expenses of operation of Income Tax Division ----------$

80,000.00 $

80,000.00

(3) For expenses of operation of Motor Vehicle Registration Division, not includmg the expense of the manufacture of
tags ------------------------$

90,000.00 $

90,000.00

SECTION 21-SECRETARY OF STATE

( 1) For expenses of operations to administer laws regulating the practice of professions -------------------

Allocations fixed by law.

( 2) For expenses of operations to administer the Securities Law

97% of allocations fixed by law.

1328

jOURNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

(3) For expenses of other operations, including the division of Archives and History ________________________$

30,000.00 $

30,000.00

SECTION 22-STATE TREASURER

( 1) For the S i n k i n g Fund for payment of the principal of the public debt _________

Allocation fixed by law.

( 2) For the interest on the fixed public debt, including the Constitutional debt to the University of Geor-
gia --------------------------$ 205,000.00 $ 198,000.00

( 3) For interest on current loans ----------------$ 15 0,000.00 $ 15 0,000.00

(4) For redemption of Western and Atlan-
tic Railroad rental discounts ________________

Allocation fixed by law.

( 5) For grants to counties for aid on county r o a d construction and maintenance ____

97% of the allocations fixed by law.

( 6) For expenses of operation o f S t a t e Treasury _______________$
Provided, that the

26,000.00 $

26,000.00

WEDNESDAY, MARCH 15, 1933.

1329

salary of the State Treasurer shall be $6,000.00 annually.

FORTHECALENDARYEAR

1934

1935

( 7) For expenses of operation of Supreme Court ----------------------$
( 8) For expenses of operation of Court of Appeals __________________$

73,000.00 $ 74,000.00 $

7 3,000.00 74,000.00

( 9) For salaries and fees of judges, and solicitors-general of Superior Courts __________$ 203,000.00

$ 203,000.00

( 10) For compensation and mileage of the President and members of the Senate and of the Speaker and members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, of the messengers and doorkeepers of the Senate and the House of Representatives a s fixed by law; for the travel expenses of

1330

JOURNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

members of the Leg-

islative Committees;

and for supplies, re-

pairs, printing, and

other incidental ex-

penses of the Gen-

eral Assembly ---------------------------------- $ 192,000.00

SECTION 23-VETERANS' SERVICE OFFICE
( 1) For pensions to Confederate So 1d i e r s and widows, for funeral expenses and for fees of Ordinaries for pension work ________________________ The allocation fixed by law.

( 2) For expenses of operation of the department ----------------$

25,000.00 $

25,000.00

SECTION 24-ELEEMOSYNARY INSTITUTIONS,

BOARD OF CONTROL OF

( 1) For expenses of operation of the office of Board of Control, including t h e Division of Public
Welfare ------------------$

3 5,000.00 $

3 5,000.00

( 2) For expenses of operation of the Milledgeville State Hospital ------------------------$1,100,000.00

$1,100,000.00

( 3) For the expenses of operation of the Tu-

\VEDNESDAY, MARCH 15, 1933.

1331

FOR THE CALENDAR YEAR

1934

1935

b e r c u losis Sana-

torium --------------------$ (4) For expenses of op-
eration of School for Mental Defectives--$ ( 5) For expenses of operation of School for

225,000.00 65,000.00

$ 225,000.00 $ 65,000.00

the Deaf ----------------$ 60,000.00 $ 60,000.00

( 6) For the expenses of operation of Academy for the Blind ---$ 35,000.00 $ 35,000.00

( 7) For expenses of operation of Training School for Boys________$ 35,000.00 $ 35,000.00

( 8) For the expenses of operation of the Training School for

Girls ------------------------$ ( 9) For the expenses of
operation of the C on f e d e r a t e Soldiers' Home, and weekly allowance to inmates provided by

35,000.00 $

3 5,000.00

law --------------------------$ 15,000.00 $ 15,000.00

SECTION 25-UNIVERSITY SYSTEM, REGENTS OF

For the expenses of operation of the office of the Regents and for aid to the University System ____$1 ,000,000.00

$1,000,000.00

$8,779,000.00 $9,446,000.00

1332

JouRNAL OF THE SENATE,

Sec. 26. Be it further enacted, that in the event that the revenue receipts of the State Treasury, available for paying the fixed sum appropriations herein made, should be less than the total sum of such appropriations in either of the periods covered under this Act, then the fixed sums herein appropriated for that period shall be paid in full for the following purposes: for insurance on public property, for the interest on the fixed public debt, for the interest on current loans, and for expenses of the judicial and legislative branches, and the fixed sums appropriated for all other purposes for that period shall be reduced pro rata in the amount of the deficiency of revenue receipts for the period.
The sums so stricken under the provisions of this section are hereby declared annulled and the sums remaining after the application of the provisions of this section shall be the appropriations for the purposes named in this Act in lieu of the amounts therein fixed and set out.
Sec. 27. Be it further enacted, that wherever in this Act fixed sums are appropriated for purposes for which State revenues are allocated under existing laws, hereinafter referred to in this section, such fixed sums are in lieu and/or inclusive of such allocated revenues, and the operation of parts of Acts so allocating revenues for specific purposes is hereby suspended during the period for which fixed sum appropriations are provided under the within Act and the State agencies, charged with the duty of collecting the revenues affected by the provisions of this Section, be and they are hereby directed to pay all of said revenues into the general funds of the State Treasury and the State Treasurer is directed to transfer any balances held in the special funds under the parts of Acts the operation of which is herein suspended from such special funds to the general funds, at the close of the calendar year, 1933, from which general funds shall be paid the fixed sum appropriations under the provisions of this Act. The parts of Acts, the operation of which is so suspended, are as follows:

\VEDNESDAY, MARCH 15, 1933.

1333

(a) Parts of an Act entitled: "An Act to change the name of the Railroad Commission of Georgia to the Georgia Public Service Commission, to revise, enlarge, and define the duties and powers of what shall, after the passage of this Act, be known as the Georgia Public Service Commission; to provide a fee to be collected from all public utilities companies for the maintenance of said commission; to give said Commission authority to employ such experts, clerks, statisticians, engineers, secretary and such other help, as in the opinion of the Commission may be necessary to fix the compensation of each; to provide rules of procedure, and for other purposes" approved August 21, 1922, as follows: of Section 6 the words "such sum of Seventy Thousand ( $70,000.00) Dollars, or so much thereof as may be necessary, is hereby appropriated and set aside for the purpose of paying salaries, compensation, costs and expenses of the Public Service Commission, its members and employees, and the public utility counsel above provided, and no other sum shall be appropriated therefor;" and, of Section 7 the words "The funds assessed and collected as hereinbefore provided for shall be specially designated as the Public Service Commission Fund, and shall be expended only and exclusively, as herein provided and directed."
(b) Parts of an Act entitled: "Motor Vchicle Carriage for Hire Act" approved March 31, 1931 (Georgia Laws Extra Session 1931, page 63) as follows: of Section 8 after the words "shall be paid into the State Treasury" the following "the fund shall first be charged with the expenses of administering and enforcing this Act, such expenses to be disbursed on orders or vouchers signed by the Comptroller-General. The remainder shall be paid into the general funds of the State, to be used in the maintenance, repairs and construction of highway and bridges or for the r-eimbursement of funds paid out by the State for such purposes" and of Section 9 the words "and to pay out of such fund."

1334

JouRNAL OF THE SENATE,

(c) Parts of an Act entitled: "Motor Common Carrier Act of 1931" approved August 27, 1931, as follows: All of Section 18 after the words "or on a motor common carrier" and all of Section 21 after the words "fixed by the Commission."
(d) Parts of an Act approved August 27, 1927, entitled: "An Act to amend an Act entitled 'Georgia Motor Vehicle Law' approved November 30, 1915, as amended by Acts approved August 20, 1918, August 16, 1919, and August 15, 1921, as follows: All of Section 20, all of Section 21 after the words "as the State Treasurer may prescribe," and all of Section 22 after the words "under the direction of the Secretary of State."
(e) Parts of an Act entitled: "An Act to provide for the appointment of notaries public for the State at large" approved August 21, 1916, as follows: All of the last sentence of Section 3 of said Act.

(f) Part of an Act approved August 13, 1921, entitled: "An Act to amend Section 1793 of the Code of Georgia providing a tax on the manufacturers of fertilizers, as follows: of Section 1 of said amendatory Act, all of said Section as amended after the words 'shall be paid into the State Treasury as rapidly as collected.' "

(g) Part of an Act approved August 19, 1912, amendatory to Section 1795 of the Code of Georgia, providing for the disposition of fertilizer inspection fees, as follows: all of said Code Section as amended after the words "pay same into the Treasury from day to day as received."

(h) All of Section 2119 of the Code of Georgia, provid-

ing an allocation from fees from inspection of fertilizers

for the enforcement of the Pure Food and Drug Act and an

allocation of the fees under the Pure Food and Drug Act

to the Common School Fund.



( i) All of Section 17 of an Act, approved August 28,

WEDNESDAY, MARCH 15, 1933.

13' 35

1929, providing for inspection of creameries, dairies, condenseries, butter, cheese, and cream factories, by the State Veterinarian.
( j) Part of Section 1 of an Act, approved August 17, 1914, entitled: "An Act to provide for the inspection and supervision of slaughter houses, meat markets, meat, meat food products, dairies and dairy products" as follows: the sentence "the necessary expense incurred in the enforcement of this Act shall be paid from the fees arising from the inspection of food."
(k) All of Section 7 of an Act, approved August 11, 1925, entitled: "An Act to revise and amend the Forestry laws of this State."
(1) All of Section 28 and all of Section 26 after the words "as other taxes on premiums are now collected" of an Act, approved August 19, 1912, entitled "an Act to provide for the establishment of a Department of Insurance."
(m) All of Section 2213 of the Code of Georgia, providing for the salaries of the Commissioner of Corporations and his clerical expenses and for the payment thereof from the fees of his office.
(n) All of an Act, approved August 24, 1925, providing for an allocation of $4,200.00 of the motor fuel tax for the salary of a Clerk in the office of the ComptrollerGeneral to collect said tax, said Act being amendatory to the Act, approved August 10, 1921, providing for an occupation tax on all distributors selling fuel oils in this State.
Sec. 28. Be it further enacted, that wherever in this Act there is appropriated "97% of the allocations fixed by law" for purposes for which State revenues are allocated under existing laws, which laws are hereinafter in this section speci-fically described, the operation of all such laws, in excess of the 97% appropriated in this Act, is hereby sus-

1336

jOURNAL OF THE SENATE,

pended for the years 1934 and 1935, and the State agencies, charged with the duty of collecting the revenues affected by the provisions of this Section, be and they are hereby directed to pay such 3% excess over the amount appropriated into the general funds of the State Treasury to reimburse the general funds for general government expenses, legislative and judicial, and executive cost of levying, collecting, disbursing, auditing, budget control and custody of such allocated funds. The parts of Acts, to which the provisions of this Section shall be applied are as follows:
(a) Parts of an Act entitled: "An Act to reorganize and reconstitute the State Highway Department of Georgia" approved August 18, 1919, as follows: all of Sections 3 and 4 of Article 4 of said Act.
(b) Parts of an Act entitled: "An Act providing for an occupation tax upon all distributors of motor fuels and kerosene engaged in business of this State" approved August 24, 1927, as amended by an Act, approved August 19, 1929, as follows: all of Section 2 after the words "that the proceeds of said tax shall be distributed as follows":
(c) Parts of an Act entitled: "An Act to revise and amend the Game and Fish Laws of the State of Georgia," approve~ August 8, 1924, as follows: all of Section 31 and all of Section 32 of said Act.
(d) Parts of an Act entitled: "An Act for the protection of birds, fish, game and fur bearing animals," approved August 26, 1925, as follows: all of Section 21, of Section 24 the words "to be paid out of the Game and Fish Protection Fund" and "payable only out of the fund known as the Coastal Fisheries Fund," and all of Section 25.
(e) Parts of an Act entitled: "An-Act to abolish the office of County Game Warden" approved August 14, 1931, as follows: all of Section 2, all of the last sentence;

WEDNESDAY, MARCH 15, 1933.

1337

of Section 4 the words "for credit to the Game Protection Fund;" and of Section 8 these words at the end of the Section "and to be kept in a special fund as authorized by law."
(f) Parts of an Act entitled: "An Act to regulate banking in the State of Georgia," approved August 16, 1919, as amended, as follows: all of Section 14 of Article II of said Act.
(g) Part of an Act, approved August 17, 1903, entitled: "An Act to prevent and prohibit the adulteration of spirits of turpentine and naval stores, and to provide for the appointment and duties of the supervising inspector of naval stores, and to prescribe forfeitures and penalties for violating and methods for the enforcement of the provisions of this Act, and for other purposes," as follows: of Section 9 of said Act the words "receive as compensation for his services," but the suspension of the operation of this part of the Act shall not be construed as relieving the Supervising Inspector of naval stores of the duty of collecting fees provided in the Act and paying the same into the State Treasury.
( i) Part of an Act, approved August 17, 1920, entitled: "An Act to create and establish the Securities Commission," as follows: of Section 3 the words at the end of the first sentence, "and paid out of the fees collected as herein provided" and all of Section following these words.
Sec. 29. Be it further enacted, that all laws or parts of laws in conflict with 'he provisions of this Act are hereby repealed.
Senator Sims of the 35th District moved that the bill and substitute be read and acted upon by Sections and items, and the motion prevailed.
Section 1, Item 1. Senator Hutcheson of the 44th District moved to amend Section 1, item 1 of Senate Substitute

1338

JOURNAL OF THE SENATE,

for House Bill No. 403, by striking the figures $146,000 and substituting therefor the figures $200,000.
The amendment was adopted.
Senator Hutcheson of the 44th District moved to amend Section 1, sub-section 2, by striking the figures "$50,000.00" and inserting in lieu thereof "$75,000.00."
The amendment was adopted.

By Senator Turner of the 7th District, Hutcheson of the 44th District and Fudge of the 8th District-
Moved to amend Section 1, sub-section 2, by adding after the word "chickens," the following words: "Provided said appropriation only to be expended upon requisition drawn and signed by the State Veterinarian, and it shall be illegal to expend any part of said sum otherwise."
The amendment was adopted.
Senator Hutcheson of the 44th District moved to amend as follows:
Amend Item 2, Section 1, of Senate Substitute to House Bill No. 403, by substituting as follows:
To the State Veterinarian: $7 5,000.00, for the control and eradication of infectious and communicable livestock diseases, such as tuberculosis, hog cholera, hemorrhagic septicemia, black leg, rabies, bacillary white diarrhoea in poultry and any other communicable livestock or poultry diseases; and to prevent the reinfestai:ion of Georgia with the cattle fever ticks from the tick infested areas of Florida and Alabama by maintaining an effective quarantine patrol on the border; and for the enforcement of dairy, meat and milk inspection laws.
The amendment was adopted.
Section 1 as amended was adopted.

\VEDNESDAY, MARCH 15, 1933.

1339

Section 2 was adopted.
Section 3 was adopted.
Section 4 was adopted.
Section 5, I tern 1. Senators Mallett of the 26th District and Hutcheson of the 44th District moved to amend Senate Substitute for House Bill No. 403, Section 5, Item 1, by striking the figures "$54,600.00" for each of the years and inserting the figures "$64,600.00" for each of the years.
The amendment was adopted.
Section 5, Item 2, was adopted.
Section 5, Item 3. Senator Culpepper of the 36th District moved to amend Senate Substitute to House Bill No. 403, known as the General Appropriation Act, by striking the words and figures in Section 5, sub-section 3, "$3, 750,000.00" and inserting in lieu thereof the words and figures "$5,000,000.00" and amends further by striking the words and figures in said Section "$4,250,000.00" and inserting in lieu thereof the words and figures "$5,000,000.00" so that the appropriations for the common school and consolidated schools shall be $5,000,000.00 for 1934 and $5,000,000.00 for 1935.
The amendment was adopted.
Section 5, Item 4, was adopted.
Section 5, Item 5, was adopted.
Section 5 as amended was adopted.
Section 6. Senators Culpepper of the 36th District, Oliver of the 48th District, Hubbard of the 31st District, Nelson of the 6th District, Morris of the 39th District, Tuten of the 46th District moved to amend Section 6, by striking the figures "$40,000.00" and substituting the figures "$50,000.00."

1340

JouRNAL oF THE SENATE,

The amendment was adopted.
Section 6 as amended was adopted.
Section 7, Item 1, was adopted.
Item 2 was adopted.
Section 8 was adopted.
Section 9, Item 1, was adopted.
Section 9, Item 2, was adopted.
Section 9, Item 3. Senator Morris of the 39th moved to amend Senate Substitute for House Bill No. 403, Section 3, sub-section 9, as follows: "Provided that $1,000.00 shall be used to maintain the Confederate Cemetery at Marietta, Georgia."
The amendment was adopted.
Item 4 was adopted~
Item 5 was adopted.
Section 9, Item 6. Senator Knox of the Jrd District and Senator Lovett of the 16th District moved to amend subsection 6 of Section 9 by striking therefrom the figures "$15 ,000.00" and by inserting in lieu thereof the figures "$7,500.00."
The amendment was adopted.
Item 7 was adopted. Section 9 as amended was adopted. Section 10 was adopted. Section 11 was adopted. Section 12 was adopted.
A motion to adjourn prevailed, and the President announced that the Senate stood adjourned until 9:00 o'clock tomorrow morning.

THURSDAY, MARCH 16, 1933.

1341

SENATE CHAMBER, ATLANTA, GEORGIA.
THURSDAY, MARCH 16, 1933.
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. On motion, the calling of the roll was dispensed with.
Senator Fetzer of the 1st District reported that he had examined the Journal of yesterday's proceedings and found it correct.
Senator Fetzer of the 1st District gave notice that he would move, at the proper time, that the Senate reconsider its action yesterday on Senate Resolution No. 105.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following Privileged Resolution was read and adopted:
By Senator 'Veaver of the 25th DistrictA resolution extending the privileges of the floor to Mrs.
Quarles, noted lecturer and newspaper correspondent. Mr. J. C. Lewis of the 20th District, Chairman of the
Committee on General Judiciary No. 1, submitted the following report :
Mr. President: Your Committee on General Judiciary No. 1 have had

1342

jOURNAL OF THE SENATE,.

under consideration the following Resolutions of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Resolution No. 188-826a. Do pass.
House Resolution No. 94-447b. Do pass.
House Resolution No. 109-511c. Do pass.
Mr. Howard of the 2nd District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government have had under consideration the following Bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 829. By Kiker of Fannin, do pass.
Mr. Howard of the 2nd District, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. President:
Your Committee on Municipal Government have had under consideration the following Bills of the House and have instructed me, as Chairman, to report the same back to the Senate with .the recommendation that:
House Bill No. 831. By Mundy and Peek of Polk, do pass.
House Bill No. 822. By Muscogee delegation, do pass.
House Bill No. 823. By Muscogee delegation, do pass.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

THURSDAY, MARCH 16, 1933.

1343

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

By Mr. Hartsfield of Fulton-
House Bill No. 119. A bill to supplement Article 43 of the Criminal Code of Georgia of 1910, Sections 657 to 676 relating to suffrage, making the same applicable to general, special and primary elections. in municipalities of 200,000 or more, and for other purposes.

By Messrs. Scott and Robison of Thomas-.
House Bill No. 813. A bill to be entitled an Act under which the County Commissioners or other officer having charge of fiscal affairs in counties of a certain population, shall be required to abolish the fee system for compensation; and for other purposes.

By Mr. Still of Fulton-
House Bill No. 815. A bill amending an Act as to uniform text-books by amending the same as to direct distribution of text-books in counties of a certain population, and for other purposes.

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 818. A bill to consolidate the office and duties of Tax Receiver and Tax Collector in the County of Dodge; to create the office of County Tax Commissioner for said County; and for other purposes.

By Mr~ Palmour of Dawson-
House Bill No. 827. A bill to create the office of Commissioner of Roads and Revenues for the County of Dawson, and for other purposes.

1344

JouRNAL oF THE SENATE,

By Messrs. Arnall and Dyer of Coweta-
House Bill No. 834. A bill to amend the charter of the City of Newnan, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

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

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 853. A bill to create a Board of Commissioners of Roads and Revenues for the County of Dodge, to provide the method of the election of Commissioners composing such Board, and for other purposes.

By Messrs. Hartsfield, Eckford and Still of Fulton-

House Bill No. 854. A bill to amend an Act providing for the incorporation of the town of College Park, 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 of the House, to-wit:

By Mr. Dickerson of Clinch-
House Bill No. 837. A bill to amend an Act approved August 27, 1931, entitled an Act to change the name of the Town of Homerville to the City of Homerville; so as to change the limits of said City and exclude certain property; and for other purposes.

THURSDAY, MARCH 16, 1933.

1345

By Messrs. Simms and Tillman of Brooks-
House Bill No. 840. A bill to consolidate the offices and duties of. Tax Receiver and Tax Collector of Brooks County, Georgia, to be known as Tax Commissioner, and for other purposes.

By Mr. Johnston of Upson-
House Bill No. 844. A bill to amend an Act to consolidate and supersede the several Acts incorporating the City of Thomaston in the County of Upson, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 846. A bill to abolish the office of County Treasurer in and for the County of Chatham; to prescribe additional duties for the County Commissioners and ex-officio Judges of Chatham County; and for other purposes.

By Mr. Courson of Brantley-
Hause Bill No. 847. A bill to amend an Act providing for a Tax Commissioner for Brantley County, Georgia, and for other purposes.
By Messrs. Hendrix and Smith of Dodge-
House Bill No. 852. A bill to repeal an Act to create the office of Commissioner of Roads and Revenues in and for Dodge County, provide the methods of the election of such officer, 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 Resolutions of the House, to-wit:

1346

JouRNAL OF THE SENATE,

By Mr. Gillen of Bibb-
House Bill No. 94-447b. A resolution to relieve H. A. Burke and others on a surety bond in Bibb County, Georgia.
By Mr. Hendrix of Muscogee-
House Bill No. 109-511 c. A resolution to refund money to sureties by the County of Muscogee.

By Mr. Hendrix of Muscogee-
House Bill No. 110-511 d. A resolution relieving sureties from bond in County of Muscogee.
By Mr. Still of Fulton-
House Bill No. 188-826a. A resolution to suspend until March 1, 1935 the enforcement of fi. fa. against Mrs. Lucille McD. Green issued in proceedings to forfeit a certain bond.
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. 100, known as Code Book Bill, the following members of the House, to-wit:
Messrs. Lindsay of DeKalb, Parker of Colquitt and Gillen of Bibb.
The following Resolutions of the House were read the first time and referred to committees.

By Mr. Gillen of Bibb-
House Resolution No. 94-447b. A resolution to relieve H. A. Burke and others on a surety bond.

THURSDAY, MARCH 16, 1933.

1347

Referred to Committee on Judiciary No. 1.

By Mr. Hendrix of Muscogee:
House Resolution No. 109-511 c. A resolution to refund money to sureties by the County of Muscogee.
Referred to Committee on Judiciary No. 1.

By Mr. Hendrix of Muscogee-
House Resolution No. 110-511 d. A resolution relieving sureties from bond in Muscogee County.
Referred to Committee on Counties and County Matters.

By Mr. Still of Fulton-
House Resolution No. 188-826a. A resolution to suspend until March 1, 1935 the enforcement of a fi. fa. against Mrs. Lucille McD. Green issued in proceedings to forfeit a certain bond.
Referred to Committee on Judiciary No. 1.
The following Bills of the House were read the first time and referred to committees:

By Mr. Hartsfield of Fulton-
House Bill No. 119. A bill to supplement Article 43 of the Criminal Code, Sections 657 and 676 relating to suffrage.
Referred to Committee on Municipal Government.

By Messrs. Simms and Tillman of Brooks-
House Bill No. 840. A bill to consolidate the offices of Tax Receiver and Tax Collector of Brooks County.
Referred to Committee on Counties and County Matters.

1348

JouRNAL OF THE SENATE,

By Mr. Johnston of Upson-
House Bill No. 844. A bill to amend an Act incorporating the City of Thomaston, Upson County.
Referred to Committee on Municipal Government.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 846. A bill to abolish the office of County Treasurer of Chatham County.
Referred to Committee on Municipal Government.

By Mr. Courson of Brantley-
Hause Bill No. 847. A bill to amend an Act providing for a Tax Commissioner for Brantley County.
Referred to Committee on Counties and County Matters.

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 852. A bill to repeal an Act to create the office of Commissioner of Roads and Revenue in and for Dodge County, etc.
Referred to Committee on Counties and County Matters.

By Mr. Dickerson of Clinch-
House Bill No. 837. A bill to amend an Act to change the name of the Town of Homerville to the City of Homerville.
Referred to Committee on Municipal Government.

By Messrs. Scott and Robertson of Thomas-
House Bill No. 813. A bill requiring Commissioners to abolish fee system for compensation in counties having a certain population.

THURSDAY, MARCH 16, 1933.

1349

Referred to Committee on Counties and County Matters.

By Mr. Still of Fulton-
House Bill No. 815. A bill to amend an Act as to uniform text-books, etc.
Referred to Committee em Education.

By Messrs. Hendrix and Smith of DodgeHouse Bill No. 818. A bill to consolidate offices of Tax
Receiver and Tax Collector of Dodge County, etc.
Referred to Committee on Counties and County Matters.

By Mr. Palmour of Dawson-
House Bill No. 827. A bill to create the office of Commissioner of Roads and Revenues for the County of Dawson.
Referred to Committee on Counties and County Matters.

By Messrs. Arnall and Dyer of Coweta-
House Bill No. 834. A bill to amend the charter of the City of Newnan, etc.
Referred to Committee on Municipal Government.

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 853. A bill to create a Board of Commissioners of Roads and Revenues for the County of Dodge, etc.
Referred to Committee on Counties and County Matters.

By Messrs. Hartsfield, Eckford and Still of Fulton-
House Bill No. 854. A bill to amend an Act providing for the incorporation of the Town of College Park, etc.

1350

jOURNAL OF THE SENATE,

Referred to Committee on Municipal Government.
The following Bills of the House favorably reported by committees, were read the second time:

By Mr. Cain of Crisp-
House Bill No. 802. A bill to abolish the fee system in Crisp County.

By Mr. Clements of Wheeler-
House Bill No. 821. A bill to amend an Act creating offices of Tax Receiver, Tax Collector, etc.

By Messrs. Thompson, Hendrix and Mrs. Tolbert of Muscogee-
House Bill No. 822. A bill to amend an Act creating charter of the City of Columbus.

By Mrs. Tolbert, and Messrs. Thompson and Hendrix of Muscogee-
House Bill No. 823. A bill to amend an Act creating charter of the City of Columbus, etc.

By Messrs. Mundy and Peek of Polk-
House Bill No. 831. A bill to amend Acts incorporating the City of Cedartown.

By Mr. Kiker of Fannin-
House Bill No. 829. A bill to amend the charter of Blue Ridge.
Senator Colson of the 4th District, member of the Fourth Joint Conference Committee, appointed on House Bill No. 182, a bill to regulate the License Tax on Motor Vehicles, informed the Senate that the bill passed by the House, and

THURSDAY, MARCH 16, 1933.

1351

that the Senate substitute by which the House Bill passed in the Senate, and the House amendments to the Senate substitute, had been misplaced, and that he had secured from the Secretary of the Senate and the Clerk of the House certified copies of the original papers. Senator Colson moved that the Senate establish these certified copies in place of those misplaced, and the motion prevailed.
The following Bills of the Senate were read the third time and put upon their passage:

By Senator Howard of the 24th District-
Senate Bill No. 278. A bill to amend charter of the City of Columbus.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Sims of the 35th District-
Senate Bill No. 281. A bill to amend the charter of the City of Atlanta, so as to permit Taxes to be paid in ten installments instead of three.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Senator Sims of the 35th District-
Senate Bill No. 282. A bill to extend the limits of the City of Atlanta.

1352

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 32, nays 0.

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

Senator Boykin of the 29th District moved that the Senate reconsider its action yesterday in failing to adopt the resolution offered by him, viz., Senate Resolution No. 1OS. The ayes and nays were called on this motion, and the call was sustained. The roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Boykin

Fudge

Lovett

Cail Carithers Cason Cloud Colson Dean

Hogg Howard of the 2nd Hubbard Hutcheson Key Lester

Morris of the 39th Nelson Paschall Pottle Rivers Sparks

Fetzer

Lewis

Those voting in the negative were Senators:

Alston

Goldin

Oliver

Baggett

Haralson

Robertson

Boyd

Howard of the 24th Sims

Campbell

Jackson

Sisk

Conner

Knox

Terrell

Culpepper

Mallett

Tuten

Dorminy

Moore

Weaver

The ayes were 23, nays 21, and the motion to reconsider prevailed.

The following Resolution of the Senate was read and referred to the Committee on General Judiciary No. 1.

By Senators Lewis of the 20th District, Lovett of the 16th District and Key of the 28th District-
Senate Resolution No. 111. A resolution that the Presi-

THURSDAY, MARCH 16, 1933.

1353

dent of the Senate order Senate Resolution No. 105 referred to a proper committee for the purpose of checking with the State Auditor figures set forth in Senate Resolution No. 105.
By unanimous consent the rules were suspended and the Senate reconsidered its action in passing House Bill No. 707, a bill by Mr. Melton of Early, to amend the charter of Blakely, for the purpose of incorporating an amendment in the bill.
Mr. Sparks of the 9th District moved to amend House Bill No. 707 as follows:
Moves to amend the caption by adding thereto and at the end thereof the following:
"To provide for the election of members of the Board of Education of said City by the people; to provide for a referendum; and for other purposes."
So that said caption when amended shall read as follows:
"To be entitled an Act to amend an Act entitled, 'An Act to create and incorporate the City of Blakely,' approved December 18th, 1900, as amended by an Act approved August 16, 1915, so as to change the method of electing the mayor of said city, and to fix their compensation and term of office; to provide for the election of members of the Board of Education of said City by the people; to provide for a referendum; and for other purposes."
Moves further to amend said bill by adding thereto after
Section 3 a new Section to be known as Section 3 y; as fol-
lows:
"Section 3 y;. Be it further enacted that from and after
the passage of this Act the Board of Education of the City of Blakely shall be composed of five members, who shall be residents of said city, and qualified voters under existing laws. At the election to be held on the first Tues-

1354

JoURNAL OF THE SENATE,

day in August, 1933, for the election of Mayor and Council for said City there shall also be elected five members of the Board of Education, who shall hold office for the term of two years, their successors to be elected at the same time and in the same manner as the Mayor and Council are elected, except that members of the Board of Education may succeed themselves in office. No officer or employee of the City shall be eligible to serve upon the Board of Education. In the event of a vacancy upon said Board, such vacancy shall be filled for the unexpired term of such vacancy by appointment by the Mayor and Council of the City."
Further moves to amend said bill by amending Section 4 thereof by adding the words "and members of the Board of Education" after the word "Council" in the first line of said Section so that said Section as amended shall read as follows:
"Section 4. Candidates for the office of Mayor and Council and members of the Board of Education shall file notice of their candidacy with the Clerk of the City Council at least five days before the date of the election, in order to have their names appear upon the official ballot for such election, and no other notice shall be required."
Further moves to amend said bill by adding thereto a
new Section after Section 4 to be known as Section 4 0 as
follows:
"Section 4 0. Be it further enacted that this Act shall
not become effective unless ratified by a majority of the qualified voters of the City of Blakely at an election to be held on the first Tuesday in July, 1933, to be called and held as other city elections are held, and when such election has been duly had and a majority of the qualified voters . voting .therein shall have voted in favor of such adoption, and the election managers shall have duly certified the result of such election, then the provisions of this Act shall be-

THURSDAY, MARCH 16, 1933.

1355

come effective on January 1, 1934, and thereafter as herein provided."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill as amended, the ayes were 42, nays 0.
The bill as amended 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. Lindsay, Hudgins and Turner of DeKalb-
House Bill No. 670. A bill to amend an Act to provide a new charter for the Town of Decatur.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 729. A bill to amend an Act 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, theayes were 34, nays 0.
The bill having received the requisite Constitutional majority, was passed.

1356

JouRNAL OF THE SENATE,

By Messrs. Sutton and Parker of Colquitt-
House Bill No. 782. A bill to abolish the Board of Commissioners of Roads and Revenues of Colquitt County, to repeal all Acts creative thereof, etc.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 34, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 785. A bill to amend an Act incorporating the Mayor and Aldermen of 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 34, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Dickey of Gordon-
House Bill No. 806. A bill to amend an Act creating a new charter for the City of Calhoun.
Senator Paschall of the 43rd District moved to amend the bill as follows: By striking in its entirety Paragraphs 3 and 4 of said bill. He further amends the said bill by adding to Line 7 of Section 7 of said bill the word "paid" between the words "have" and the word "not" appearing in said Line 7 of said Section 7.
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

THURSDAY, MARCH 16, 1933.

1357

On the passage of the bill as amended, the ayes were 29, nays 0.
The bill as amended having received the requisite Constitutional majority, was passed.
By Mr. Palmour of Hall-
Senate Bill No. 824. A bill to amend an Act to establish a City Court in Hall County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 32, nays 0. The bill having received the requisite Constitutional majority, was passed.

By Mr. Palmour of HallHouse Bill No. 825. A bill to authorize the Board of
Roads and Revenues of Hall County to cancel and destroy all unsold bonds of the issue of January 1, 1920.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Sutton and Parker of Colquitt-
House Bill No. 783. A bill to create the office of Commissioner of Roads and Revenues of Colquitt County.
Senator Moore of the 47th District offered the following substitute:

1358

JouRNAL OF THE SENATE,

A BILL

"A bill to be entitled 'An Act to create a Board of Commismissioners of Roads and Revenues of Colquitt County, Georgia, to provide for their selection and removal; to provide for a Board of Commissioners until the first commissioners are selected and qualified under this Act; to prescribe the term of the office of the commissioners so selected; to define the duties and powers of the commissioners and to provide for their compensation; to provide the proper supervision of their acts and auditing of their books; and generally to provide for the management of the affairs of said Colquitt County; to provide for the selection and/or designation of a County Depository and/or Treasurer; to provide for a bond of such Depository or Treasurer; to provide for compensation and duties of such Depository and/or Treasurer; and for other purposes."
Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the 1st day of May, 1933, the county affairs of Colquitt County, Georgia, shall be administered by a Board of Commissioners of Roads and Revenues, and for that purpose a Board of Commissioners of Roads and Revenues of Colquitt County is hereby created.
Sec. 2. Be it further enacted by the authority aforesaid,
That 0. W. Kincaid, I. C. Johnson and R. B. Wright are
hereby appointed, constituted and made Commissioners of Roads and Revenues of Colquitt County, under this Act, and they shall hold office until January 1, 193 5, and until their successors are elected and qualified as hereinafter provided.
Sec. 3. Be it further enacted by the authority aforesaid, That there shall be three successors to the Commissioners as named in Section 2 of this Act, who shall be elected by the qualified voters of said County at the gen-

THURSDAY, MARCH .16, 1933.

1359

eral State election held in said County in 1934, to serve for a term of two years, beginnig January 1, 1935, and thereafter the term of said Commissioners shall be for a period of two years, and they shall be elected by the qualified voters of said county at their regular State election held in said County immediately preceding the expiration of the term of the incumbents.
Sec. 4. Be it further enacted by the authority aforesaid, That in order to be eligible to hold the office of Commissioner, one must have attained the age of 30 years, must have resided in said County for three years, must be of good moral character and must have had some practical business experience.
Sec. 5. Be it further enacted by the authority afore-
said, That the managers of elections held under this Act shall consolidate the returns of said elections as provided by law for general elections held in said County, and certify the results to the Ordinary of Colquitt County, and said Ordinary shall issue commissions or certificates of appointment to the successful candidates for Commissioner.
Sec. 6. Be it further enacted by the authority aforesaid, That said Commissioners, before entering on the discharge of the duties of their office, shall give bond with good security, approved by the Ordinary of said County, in the sum of Thirty-five Hundred ( $3,5 00) Dollars each, payable to the Ordinary of the county and his successors in office, and conditioned for the faithful discharge by said Commissioners of their duties and the carrying out of the conditions thereof, said bond may be sued upon in the name of said Ordinary, either on his own motion or by direction of the Grand Jury of said County and the Commissioners and their sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office, or any tort or wrong committed under color of their office, as well as for neglect or nonfeasance. The premiums on said bonds shall be paid by Colquitt County.

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JoGRNAL oF THE SENATE,

Sec. 7. Be it further enacted by the authority afore. said, That the two commissioners, other than the Chairman
of the Board, shall receive a per diem of $3.00 for each day of actual service or less if the board should so determine and the compensation of the chairman shall be fixed by said Board, all of which remunerations shall be paid monthly. Said board shall elect its own chairman. They shall be allowed actual expenses incurred while traveling, on county business, and shall be allowed to employ a clerk or bookkeeper, if necessary, paying said clerk or bookkeeper from County funds such salary per month as they deem reasonable and proper.
Sec. 8. Be it further enacted by the authority aforesaid, That said Commissioner shall, before entering upon the discharge of their duties of their office, make and subscribe to an oath before the Ordinary of the County to faithfully discharge their duties and to carry out the provisions of this Act, to the best of their skill and knowledge, and to the best interest of the County.
Sec. 9. Be it further enacted by the authority aforesaid, That in case of a vacancy in the office of Commissioner, by reason of death, resignation or otherwise, the Ordinary of said County shall serve until his successor is elected and qualified; such vacancy shall be filled at a special election called by the clerk of the Superior Court of said County, and held within thirty days after the death, resignation, or other cause resulting in such vacancy. All rules and regulations governing regular County elections shall govern all regular and special elections held under this Act.
Sec. 10. Be it further enacted by the authority aforesaid, That said Commissioners shall have, and they are hereby vested with exclusive jurisdiction and control over the following matters, to-wit: In directing, controlling and caring for all property of the County, according to law; in levying taxes for County purposes, according to law; in

THURSDAY, MARCH 16, 1933.

1361

establishing, altering or abolishing public roads, private ways, bridges and ferries in conformity to law; in establishing, abolishing or changing election precincts and militia districts, according to law; in supervising the Tax Collector's and Tax Receiver's books in allowing the insolvent list for said County, according to law; in examining, settling and allowing all claims against the County, in examining and auditing all claims and accounts of officers having the care, management, keeping, collection or disbursement of money belonging to the County or appropriated for its use and benefit and bringing them to a settlement, and especially are they charged with frequently examining and auditing the books of the County Treasurer or County Depository, the Tax Collector, the Tax Receiver, the Sheriff, the Superintendent of Public Schools, and other officers of said County, through whose hands county funds may pass, and this may be done by the Commissioners themselves or through accountants or bookkeepers employed for the purpose, and they may require from all such officers, subject to examination, such reports at all times as may be necessary to keep said Commissioners fully informed at all times of the financial condition of the County; in controlling, calling for and managing the convicts of the County, according to law; in making rules, regulations and provisions for the support of the poor of the County, according to law: in promoting and p_reserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing license fees as authorized by law; in providing for the levy and collection of the commutation road taxes, fixing the amount to be paid in money or the number of days' work to be performed in lieu thereof; in trying all road defaulters, in accordance with law, and generally to have and exercise such other powers heretofore vested in the Ordinary of said County when sitting for county purposes and to exercise such other powers as are granted by law, or as may be indispensable to the jurisdiction over county matters or

1362

JouRNAL OF THE SENATE,

county finances; in selecting and appointing all minor officers of the County whose election or appointment is not otherwise provided by law, such as Superintendent and Guards of convicts in the chain-gang, janitor of the Court House, county physician and health officer, tax assessors, county policemen, and other officers and guards as needed and authorized by law. All appointments of said Commissioners shall be subject to suspension or dismissal at any time, and no appointee so suspended or dismissed shall be entitled to any salary or compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not.

Sec. 11. Be it further enacted by the authority aforesaid, That said Commissioners shall have authority to employ a competent attorney-at-law as County Attorney to advise them and represent the County in any litigation which may arise in which said County is a party. Said Attorney may be retained only in an advisory capacity, and in the event of litigation, the Commissioners may make such agreement with said attorney, or any other attorney, for legal representation, as they may deem advisable. Whenever it is deemed necessary, the Commissioners may employ additional counsel to assist the County Attorney.

Sec. 12. Be it further enacted by the authority afore-

said, That said Commissioners shall have entire control and

management of convicts of said County sentenced to work

upon the roads and works of said County, and all convicts

of this State assigned to the county by the proper authori-

ties of the State, and shall so employ them according to law

and under such plans of working, building, repairing and

maintaining the public roads, bridges and works of said

State as may now or hereafter be adopted or enforced bv

law i~ said County.

-

Sec. 13. Be it further enacted by the authority aforesaid, That said Commissioners shall either by themselves or by their clerk or chairman, keep the office of Commis-

THURSDAY, MARCH 16, 1933.

1363

sioners of Roads and Revenues of said County at the Court House in said County open for the transaction of the public business in connection with their office on each and every business day.
Sec. 14. Be it further enacted by the authority aforesaid, That said Commissioners shall keep a proper and accurate book of minutes, wherein shall appear all orders and proceedings had and passed with reference to county matters. They shall keep a full and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn by them on the County Treasurer or Depository, for what purpose and on what fund. They shall also keep a book in which they shall record in itemized form all articles or things of whatever kind purchased by them for the use and consumption of and by any department of the county government, giving the name of the article, date when purchased, from whom purchased, the price paid therefor and for which department purchased and used. They shall also keep a cash book in which they shall daily enter any cash item received by them, from whom received and for what purpose received. They shall keep a record separate from other financial affairs of the county of all expenditures on account of the chain-gang of said County, including supplies and equipment therefor and pay of guards, etc. They shall keep a booK of inventory of all county property, including road machinery, live stock, chain-gang outfit, road working tools and every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year, and they shall keep such other books and records as may be necessary. Said books and records shall be so kept as to show at all times the financial condition of the county, and shall be open to inspection by any citizen or taxpayer of the county or to any other
person interested in the same.

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JouRNAL oF THE SENATE,

Sec. 15. Be it further enacted by the authority aforesaid, That said Commissioners, at the end of each quarter, shall make up a condensed statement showing all amounts collected and expended on behalf of the county, during that quarter. Said statement shall show the balance on hand at the beginning of the quarter and at th_e end of the quarter. They shall verify said statement by an affidavit as follows: 'Ve, --------------------------------------------- Commissioners of Roads and Revenue of Colquitt County, do solemnly swear that the above is a full and true statement of the monetary transactions of our office for the quarter ending _______________________ , and that we have not received any rebate or drawback, nor have we personally profited by or known of any illegal profit to any one whomsoever through any transaction of my office, so help us, God.
(Signed) _______________________________________________
Sworn to and subscribed before me, this ____________ day of ------------------------------------------------------ 19----- .
Said statement shall be published in the official organ of the county, provided the Commissioners can arrange for its publication at a satisfactory price, not to exceed in any event $1.00 per hundred words; or in the discretion of the Commissioners they may erect a bulletin board in the rotunda of the Court House and post such account or statement thereon.
Sec. 16. Be it further enacted by the authority aforesaid, That no material for public buildings, bridges or roads, shall be purchased by said Commissioners, for the county, except upon written specifications as to quality, and all such material must be suitable for the purpose intended and of good quality and generally recognized as standard for the purpose to be used. The laws of force in this State governing the purchase of supplies, commodities, etc., upon competitive bids shall for all purposes govern the offices herein created.

THURSDAY, MARCH 16, 1933.

1365

Sec. 17. Be it further enacted by the authority aforesaid, That the Commissioners herein provided for shall appoint one or more expert accountants or expert bookkeepers, to audit the books, accounts and warrants of said Commissioners. Said person or persons so employed shall have the power to examine upon oath said Commissioners, County Officers, and other county employees relative to any account, item, warrant or transaction in connection with said Commissioners' office and county affairs. Said person or persons so employed shall audit all books, accounts, vouchers, warrants and other records of said Commissioners annually or semi-annually, and shall prepare an inventory of all property and material of the county on hand on that date, and make a report of their findings to the next convening Grand Jury of said county, which Grand Jury, in its discretion, may provide for the publishing of said report in any newspaper of said County, or in pamphlet form; provided; however, that one copy of said audit shall be kept on file in the office of said Commissioners and open for inspection by the public at all times as other public records. The Board of Commissioners shall fix the amount to be paid them for the services of such auditors.
Sec. 18. Be it further enacted by the authority aforesaid, That it shall be the duty of the Grand Jury at each term of the Superior Court to inquire into the official acts of said Commissioners, and if any Grand Jury of Colquitt County shall find, by a three-fourths vote of their entire membership, that any of said Commissioners has wrongfully and fraudulently violated any of the terms of this Act, or that they have been wasteful or inefficient, or have wrongfully or fraudulently conducted the affairs of their office, or is otherwise not qualified to manage the affairs of the office, the Grand Jury so finding shall "declare said office vacant, and the Clerk of the Superior Court shall proceed to call a special election to fill such vacancy as hereinbefore prescribed. However, before a vacancy shall be declared under the provisions of this Section, the Grand Jury shall

1366

JOURNAL OF THE SENATE,

grant a hearing to any such Commissioner, and shall consider any showing made by him. A deposed Commissioner shall not have the right to be a candidate to succeed himself.
Sec. 19. Be it further enacted by the authority aforesaid, That said Commissioners shall have the right to select, designate and/or appoint a County Depository and/or Treasurer for said County, which Depository and/or Treasurer may be a banking institution; said Commissioners shall have the power, in their discretion, to require a bond of such Depository and/or Treasurer, in such form as said Commissioners shall designate, the premuim upon which said bond shall be paid by Colquitt County, or by such Depository or Treasurer, in the direction and discretion of said Commissioners; and such Depository and/or Treasurer shall receive such compensation as said Commissioners prescribe, if any; and such County Depository and/or Treasurer shall be required to perform the duties of such Depository andlor Treasurer as are now provided by the laws of this State, and such other duties as said Commissioners shall prescribe.
Sec. 20. The members of the Board of Commissioners chosen after the expiration of the term of the Board appointed herein, shall receive compensation for their services as such Commissioners, which compensation shall be $10.00 per month, in addition thereto, shall receive their actual traveling expenses when engaged in business of and for said county. Their Chairman of the Board, elected by said Commissioners, shall receive such salary as may be fixed by said Board, not to exceed $7 5.00 per month, plus his actual traveling expenses when engaged in business of and for said County.
Said Board of three Commissioners shall succeed the Board of Commissioners created herein and shall have the same powers, duties, and authority as those invested to and upon the board provided for herein, as well as all other

THURSDAY, MARCH 16, 1933.

1367

duties, powers, and functions as are now given and imposed upon Boards of Commissioners of Roads and Revenues by the laws of this State, all of which said three Commissioners shall be elected for a term of two years, as herein provided for, and shall elect a Chairman of their Board at the first meeting of said Board in January following their election, and annually thereafter.
Sec. 21. Be it further enacted by the authority aforesaid, That if for any reason any section, provision, clause or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not affect or destroy the validity or Constitutionality of any other section, provision, clause or part of this Act which is not in and of itself U nconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the section, provision, clause or part so held to be invalid.
Sec. 22. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the the passage of the bill by substitute, was agreed to.
On the passage of the bill by substitute the ayes were 33, nays 0.
The bill by substitute, having received the requisite Constitutional majority, was passed.

By Messrs. Lindsay of DeKalb and Eckford of Fulton-
House Bill No. 790. A bill to amend an Act to establish a new charter for the City of Atlanta.
Senator Sims of the 35th District moved to amend House Bill No. 790 by adding thereto the following paragraph to be numbered in numerical order:

1368

JouRNAL OF THE SENATE,

Section 3. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the above entitled Act approved August 25, 1925, and so much thereof as provides for a second division of the Recorder's Court of the City of Atlanta, in Section ( 1) of said Act, be amended by adding thereto the followmg:
Provided, however, that the Mayor and General Council of the City of Atlanta, may by resolution or ordinance, abolish Division Number Two of the Recorder's Court of said city at any time they may desire, and that the term of the Recorder of the City of Atlanta for Division Number Two of said court may be shortened and the office abolished by ordinance or resolution at any time the Mayor and General Council of said city may desire by appropriate resolution or ordinance.
Section 4. Be it further enacted by the authority aforesaid, that the charter of the City of Atlanta is hereby amended by striking therefrom the provisions for a clerk at the sum of $15 0.00 per month as provided by an ,amendment to the charter of the City of Atlanta, approved July 27, 1929, and contained in Section 1322 of said Act on page 820 of the Acts of the General Assembly for 1929.
By changing Section 3 so as to be numbered Section "5."
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.
The bill as amended, having received the requisite Constitutional majority, was passed.
Senator Nelson of the 6th District asked unanimous consent that the following Bill of the House be withdrawn

THURSDAY, MARCH 16, 1933.

1369

from the committee, read the second time, and recommitted, and the consent was granted:

By Mr. Eckford of Fulton-
House Bill No. 115. A bill to provide safeguards for workmen.
House Bill No. 403. The General Appropriations Bill continued from last night's session, was taken up.
Section 13, Item 1, was adopted.
Section 13, Item 2. Senators Knox of the 3rd Pistrict and Lovett of the 16th District amended Item 2 of Section 13 by striking therefrom the figure $10,000.00 and inserting in lieu thereof the figure $8,000.00.
Provided that the salary of the State Librarian shall not exceed the sum of $2,400.00 per annum, and provided further that said sum shall include all compensation and emoluments paid to said State Librarian and that all fees received by the office of State Librarian for commissioning notary publics shall be paid into the Treasury of this State.
The amendment was adopted.
Section 13, as amended, was adopted.
Section 14, was adopted.
Section 15, was adopted.
Section 16, was adopted.
Section 17, was adopted.
Section 18, was adopted.
Section 19, was adopted.
Section 20, I tern 1, was adopted.
Section 20, Item 2, was adopted.

1370

JouRNAL OF THE SENATE,

Section 20, Item 3, was adopted. Section 20, was adopted. Section 21, Item 1, was adopted. Section 21, Item 2, was adopted. Section 21, Item 3, was adopted. Section 21, was adopted. Section 22, Item 1, was adopted. Section 22, Item 2, was adopted. Section 22, Item 3, was adopted. Section 22, Item 4, was adopted. Section 22, Item 5, was adopted. Section 22, Item 6, was adopted. Section 22, Item 7, was adopted. Section 22, Item 8, was adopted. Section 22, Item 9, was adopted. Section 22, Item 10, was adopted. Section 22, was adopted. Section 23, Item 1, was adopted. Section 23, Item 2, was adopted. Section 23, was adopted.

The hour of adjournment having arrived, the President anounced that the Senate stood adjourned until 2 o'clock this afternoon; and House Bill No. 403 went over to the afternoon session.

THURSDAY, MARCH 16, 1933.

1371

AFTERNOON SESSION
The Senate met at two o'clock this afternoon and was called to order by the President.
Mr. Haralson of the 40th District, Chairman of the Committee on Public Utilities, submitted the following report:

Mr. President:
Your Committee on Public Utilities have had under consideration the following Bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the following recommendation, to-wit:
House Bill No. 52. Do not pass.
House Bill No. 271. Do not pass.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following Bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 225. By Messrs. Epting and Wood of Clarke, do pass.
House Bill No. 771. By Mr. Pound of Hancock, do pass.
Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

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

1372

jOURNAL OF THE SENATE,

consideration the following Bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 566. Do pass as amended.
SisK, Chairman.
Mr. Dean of the 11th District, Chairman of the Committee on Pensions, submitted the following report:

Mr. President:
Your Committee on Pensions have had under consideration the following Bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 277. Do pass.
DEAN, Chairman
House Bill No. 403, the General Appropriation Bill, continued from the morning session today, was taken up.
Section 24, Item 1. Senator Terrell of the 37th District moved to amend Senate Substitute for House Bill No. 403, by striking Sub-section 1 of Section 24 and substituting the following therefor:
"One (a) for expenses of operation the office of the Board of Control $15,000.00."
"One (b) for division of public welfare $20,000.00."
Section 24, Item 1, as amended, was adopted.
Section 24, Item 2. Senator Sisk of the 30th District moved to amend Committee Substitute to House Bill No. 403, Section 24, Item 2, by striking the figures $1,100,000.00, and inserting in lieu thereof the following: "for 1934, $1,250,000.00; for 1935, $1,350,000.00.
Senator Terrell of the 37th District moved to amend

THURSDAY, MARCH 16, 1933.

1373

Amendment of Senator from 30th District by adding thereto the following: "Provided, $50,000.00 shall be used for construction of a suitable building or as much thereof as may be necessary, or for equipment."
The amendment to the amendment was adopted. The amendment as amended was adopted.
Section 24, Item 2, as amended, was adopted.
Section 24, Item 3. Senators Cail of the 17th District and Paschall of the 43rd District moved to amend Substitute to House Bill No. 403, Section 24, Item 3 by striking therefrom the figures $225,000.00 and inserting in lieu thereof the figures $300,000.00.
Section 24, Item 3, as amended, was adopted.
Section 24, Item 4, was adopted.
Section 24, Item 5. Senators Goldin of the 38th District and Morris of the 39th District moved to amend Senate Substitute for House Bill No. 403 as follows: "By striking the figures $60,000.00 wh~rever they may appear and inserting in place thereof the figures $7 5,000.00." In Section 24, Sub-section 5.
Section 24, Item 5, as amended, was adopted.
Section 24, Item 6. Senator Cason of the 22nd District moved to amend Senate Substitute for House Bill No. 403, Section 24, Item 6, as follows: "by striking the figures $35,000.00 for each of the years 1934-1935 and substituting therefor the figures $43-,000.00 for each of the years 1934 and 1935."
The Amendment was adopted.
Section 24, Item 6, as amended, was adopted.
Section 24, Item 7, was adopted.
Section 24, Item 8, was adopted.

1374

JOURNAL OF THE SENATE,

Section 24, Item 9, was adopted.
Section 24, as amended, was adopted.
Section 25. Senators Moore of the 47th District, Morris of the 39th District, Pottle of the 1Oth District, Colson of the 4th District, Cail of the 17th District, moved to amend Section 25 of Substitute to House Bill No. 403, commonly known as General Appropriation Bill: "by striking the figures $1,000,000.00 wherever they may appear, and inserting in place thereof the figures $1,500,000.00."
The amendment was adopted.
Section 25, as amended, was adopted.
Section 26. Senator Key of the 28th District moved to amend the Substitute for House Bill No. 403 by adding a section to be numbered 26a as follows:
Section 26 (a) All unpaid appropriations for years prior to 1932 made under the General Appropriation Acts approved August 23, 1927, August 30, 192'9, August 28, 1931 and the Act approved August 28, 1929, appropriating for a new building for the Milledgeville State Hospital are hereby repealed in the amount of the excess of such unpaid appropriations to any department or institution over the amount of indebtedness at December 31, 1932, of such department or institution, and provided that the appropriations for common schools and for the payment of pensions shall not be affected by the provisions of this section.
The amendment was adopted.
Section 26, as amended, was adopted.
Section 27. Senator Lester of the 18th District moved to amend Senate Substitute for House Bill No. 403 by striking ~ection 27 in its entirety.
The amendment was adopted.
Section 28. Senator Fetzer of the 1st District moved to

THURSDAY, MARCH 16, 1933.

1375

amend Senate substitute for House Bill No. 403, by strik ing all of Section 28.
The amendment was adopted.
Section 29 was adopted.

The substitute, as amended, was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.

On the passage of the bill by substitute, as amended, the bill carrying an appropriation of money, the roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Andrews Boyd
Cail Campbell
Carithers
Cason Cloud Colson Conner Culpepper
Dean Dorminy Fetzer

Fudge Goldin
Groover Haralson Hogg
Howard of the 24th Howard of the 2nd Hubbard Hutcheson Key
Knox Lester Lewis Mallett

Moore Morris of the 39th Morris of the 5th Nelson
Oliver Paschall Pottle Rivers Robertson Sparks Tate
Turner Tuten Weaver

Those voting in the negative were Senators:

Jackson

Sims

Lovett

Sisk

Terrell

The ayes were 42, nays 5.

The roll call was verified.

The bill, by substitute as amended, having received the requisite Constitutional majority, was passed.

1376

JouR::-<AL OF THE SE::-<ATE,

Not voting: Senator Baggett of the 51st District, Senator Boykin of the 29th District, Senator Edmondson of the 42nd District.
Senator Sims of the 35th District asked unanimous consent that Senate Bill No. 39, a bill to create a judicial council, be withdrawn from the committee, read the second time and recommitted, and the consent was granted.
By unanimous consent the following bills of the House were withdrawn from the committees, read the second time and recommitted:
House Bill No. 548, House Bill No. 736, House Bill No. 813, and House Bill No. 840.
The following bills of the House, favorably reported by the committees, were read the second time:

By Messrs. Epting and \Vood of Clarke-
House Bill No. 225. A bill to abolish the office of County Treasurer of Clarke County.

By Mr. Stokes of Twiggs-
Honse Bill No. 277. A bill to amend the Acts relative to the Confederate Soldiers' Home.

By Mr. Pound of Hancock-
House Bill No. 771. A bill to abolish the office of County Treasurer of Hancock County.
Senator Fetzer of the 1st District moved that when the Senate adjourn this afternoon, it stand adjourned until nine o'clock tonight, and the motion prevailed.
The hour of adjournment having arrived, the President announced that the Senate stood adjourned until nine o'clock tonight.

THURSDAY, MARCH 16, 1933.

1377

NIGHT SESSION

The Senate met at nine o'clock tonight and was called to order by the President.
Senator Lester of the 18th District asked unanimous consent that House Bill No. 42, and House Resolution No. 194, be withdrawn from the committees, read the second time and recommitted to committees, and the consent was granted.
Senator Lewis of the 20th District asked unanimous consent that Senate Bill No. 280 be withdrawn from the committee, read the second time and recommitted, and the consent was granted.
The following bills of the House were read the third time and put upon their passage:

By Mr. Mixon of Irwin-
House Bill No. 102. A biil providing for service of notice by County Board of Registrars upon persons whose names are on the voters' book by posting same in the U. S. Mail, etc.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority was passed.
By Mr. Almond of \Valton-
House Bill No. 130. A bill to amend the Embalming Act.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1378

JouRNAL OF THE SENATE,

On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Still and Eckford of Fulton-
House Bill No. 141. A bill to regulate the practice of chiropody in the State of Georgia.
The report of the committee, which was favorable to the passage of the bill, wa~ agreed to.
On the passage of the bill the ayes were 28, nays 2.
The bill having received the requisite Constitutional majority was passed.

By Mr. Palmour of Dawson-
House Bill No. 332. A bill to amend an Act with reference to commitments to Milledgeville State Hospital.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 27, nays 0.
The bill having received the requisite Constitutional majority was passed.

By Messrs. Culpepper of Fayette, Harris of Richmond, and others-
House Bill No. 404. A bill to amend Section 1207 of the Civil Code providing for the amount of the bonds of Tax Collectors of this State.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 0.
The bill having received the requisit~ Constitutional majority was passed.

THURSDAY, MARCH 16, 1933.

1379

By Messrs. Crawford, Lanham and Davis of Floyd-
House Bill No. 435. A bill to authorize prosecuting officers to prefer accusations in felony cases returnable to the Superior Courts of this State.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 26, nays 1.
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 Mr. Duncan of Houston-
House Resolution No. 183-803a. A resolution providing for the purchase of products of farms, mines, etc.,- by the Supervisor of Purchases and other departments of the State in preference to those produced elsewhere.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution the ayes were 26, nays 0.
The resolution, having received the requisite Constitutional majority, was passed.

By Messrs. Cartledge of Richmond, Myrick and Alexander of Chatham, and others-
House Resolution No. 136-640B. A resolution to designate and name the George Washington Highway.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution the ayes were 26, nays 0.

1380

JouRNAL OF THE SENATE,

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

Senator Sims of the 35th District asked unanimous consent that the Senate reconsider its action this afternoon in passing House Bill No. 403, by substitute as amended, and the consent was granted.

Senators Sims of the 35th District, Howard of the 2nd District and Rivers of the 15th District:

Moved to amend caption of Senate substitute for House Bill No. 403 by inserting in line five of said caption before the figures "1934," the figures "1933" and a comma.

The amendment was adopted.

Senators Sims of the 35th District, Howard of the 2nd District and Rivers of the 15th District, moved to amend Section 17 of the Senate substitute to House Bill No. 403, by adding to said bill a new sub-section to be numbered Sub-section 4, and to read as follows:

For the maintenance of the State Prison Farm in Tatt-
nall County for the year 1933______________________________$ 7, 500.00
Provided further, that this sum shall be available imme-
diately upon the passage of this Act.

The amendment was adopted.

The substitute, as amended, was adopted.

The report of the committee, which was favorable to the passage of the bill, by substitute as amended, was agreed to.

On the passage of the bill, by substitute as amended, the bill carrying an appropriation of money, the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Alston Andrews Cail

Carithers Cason Cloud

Fetzer Goldin Groover

THURSDAY, MARCH 16, 1933.

1381

Howard of the 24th Howard of the 2nd
Hubbard Hutcheson Key
Knox

Lester
Lewis Mallett Morris of the 39th Morris of the 5th Paschall

Rivers Robertson
Sisk Sparks Tate Weaver

The ayes were 27 and the nays 0.

By unanimous consent the verification of the roll was dispensed with.

The bill, by substitute, as amended, having received the requisite Constitutional majority, was passed.

The following resolution of the House was read the first time:

House Resolution No. 199. A resolution to provide for the payment of necessary expenses incurred by joint committee investigating Agricultural Department, under Senate Resolution No. 43, and for other purposes.

The resolution was adopted.

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

By Senator Knox of the 3rd District-

Senate Resolution No. 17. A resolution to appoint a committee to make survey and investigation of departments and institutions supported by funds appropriated by the State.

The report of the committee, which was favorable to the passage of the resolution, was agreed to.

On the passage of the resolution the ayes were 26, nays 3.

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:

1382

JOURNAL OF THE SENATE,

By Senator Fetzer of the 1st District-

Senate Bill No. 279. A bill to amend Section 1140 of the Civil Code allowing the owner, etc., of any lien, equity, or interest in or on property, returned or assessed with other property for taxes, to pay the taxes and secure a release, etc.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the ayes were 26, nays 0.

The bill having received the requisite Constitutional ma-

jority, was passed.



The following bill of the House was read the first time and referred to committee:

By Messrs. Peters of Meriwether and Harris of Richmond-

House Bill No. 828. A bill to amend the Banking Law of the State of Georgia.

Referred to Committee on Banks and Banking.

Soon after midnight a motion to adjourn prevailed, and the President announced that the Senate stood adjourned until ten o'clock tomorrow morning.

FRIDAY, MARCH17, 1933.

1383

SENATE CHAMBER, ATLANTA, GA.
FRIDAY, MARCH 17, 1933.
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 calling of the roll was dispensed with.
Senator Knox of the 3rd District requested the President to have read the reference iri the Journal of yesterday to House Bill No. 573, known as the General Tax bill.
Senator Knox from the 3rd District then offered the following motion, which was unanimously adopted:
"Motion by Senator Knox of the 3rd District, that entry on Journal relative to House Bill No. 573, be expunged, and that the following entry be entered on the Journal in lieu of said expunged entry:
"There was received by the Senate from the House of Representatives at two minutes past twelve o'clock, March 17th, 1933, a single sheet of paper on the back of which appeared only the following:
" 'House Bill No. 573. A bill to be entitled an Act as the General Tax Act, and for other purposes. In House. by Turner of DeKalb and others.'
"There was no other writing attached to or made a part of said paper, the same on the obverse side being entirely in blank. The writing which appeared on said paper was read first time and referred to Committee on Finance."
The following message was received from the House through Mr. Kingery, the Clerk thereof:

1384

JouRNAL OF THE SENATE,

Mr. President:
The House has passed by the requisite Constitutional majority the following bills of the House, to-wit:
By Messrs. Rivers of Lanier and Beasley of Tattnall-
House Bill No. 779. A bill to be entitled an Act to preserve the present status of all banks located in Georgia, and for other purposes.
By Messrs. Culpepper of Fayette and King of ClayHouse Bill No. 132. A bill to amend an Act approved
March 28, 1931, levying and providing for the collection of a tax on sales of cigars, cigarettes and other articles made in whole or in part frqm tobacco and intended for smoking, 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 Constitutionai. majority the following bill of the House, to-wit:
By Messrs. Peters of Meriwether and Harris of Richmond-
House Bill No. 828. A bill to amend the Banking Law of 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 of the
House, to-wit:
By Messrs. Johnson of Montgomery, and othersHouse Resolution No. 199. A resolution relative to

FRIDAY, MARCH 17, 1933.

1385

the expenses of the committee appointed to investigate the Department of Agriculture, and for other purposes.
Mr. Boykin of the 29th District, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. President:

Your Committee on Banks and Banking have had under consideration the following Senate bill and House bill, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation as follows:

House Bill No. 828. Senate Bill No. 227. Senate Bill No. 270. Senate Bill No. 274.

Do pass. Do pass. Do not pass. Do not pass.

BOYKIN of the 29th District, Chairman.

Mr. Nelson of the 6th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. President:

Your committee on Industrial Relations have had under consideration the following bill of the House-House Bill No. 115-and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass.

Mr. Howard of the 2nd District, Chairman of the Committee on Municipal Government, submitted the following report:

l'vfr. President: Your Committtee on Municipal Government have had

1386

JouRNAL OF THE SENATE,

under consideration the following bills and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 834. By Arnall and Dyer of Coweta, do pass.
House Bill No. 844. By Johnson of Upson, do pass.
House Bill No. 846. By Chatham Delegation, do pass.

House Bill No. 854. By Fulton Delegation, do pass.

Mr. W. M. Lester of the 18th District, Chairman of the

Committee on Amendments to the Constitution, submitted

the following report :



Mr. President:
Your Committee on Amendments to the Constitution have had under consideration the following bills and resolutions of the House: House Bill No. 42 and House Resolution No. 194, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass, recommending that House Bill No. 42 do pass by substitute; and your Committee on Amendments to the Constitution have had under consideration the following: Senate Bill No. 41, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass; and your Committee on Amendments to the Constitution also have had under consideration the following: Senate Bills Nos. 43, 45 and 111, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass.
W. M. LESTER, Chairman.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the fol~ lowing report :

FRIDAY, MARCH 17,. 1933.

1387

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bills and resolutions of the House, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 818. By Messrs. Hendrix and Smith of Dodge, do pass.
House Bill No. 847. By Mr. Courson of Brantley, do pass.
House Resolution No. 110-511d. By Mr. Hendricks of Muscogee, do pass.
House Bill No. 827. By Mr. Palmour of Dawson, do pass as amended.
The following bills of the House were read the third time and put upon their passage:

By Mr. Black of Forsyth-
House Bill No. 566. A bill to amend an Act providing for holding three terms a year of Superior Court in Forsyth County, so as to reduce the number from three to two terms, etc.
The committee offered to amend House Bill No. 566 by adding a new section, to be known as Section 3, as follows:
Section 3. Said Act shall not become operative until a majority of the qualified voters of Forsyth County shall vote for the repeal of said Act in an election to be called for said purpose by the Ordinary of said County, to be held on the first Saturday in August, 1933.
And to amend by making Section 3, Section 4 of said Act, which reads as follows: "Be it further enacted by the au-

1388

JoURNAL OF THE SENATE,

thority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed."
The amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bills as amended the ayes were 41, nays 0.
The bill, as amended, having received the requisite Constitutional majority, was passed.

By Mr. Eckford of Fulton-
House Bill No. 115, A bill to provide safeguards for workmen on building construction in counties with a certain population.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill having received the requisite Constitutional majority, was passed.

By Messrs. Epting and vVood of ClarkeHouse Bill No. 225. A bill to abolish the office of
County Treasurer of Clarke 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 4 5, nays 0. The bill having received the requisite Constitutional ma-
jority, was passed.
By Mr. Stokes of TwiggsHause Bill No. 277. A bill to alter, amend and revise

FRIDAY, MARCH 17, 1933.

1389

the several Acts to the acceptance, creating, maintenance, management and governing of the Confederate Soldiers' Home.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Pound of Hancock-
House Bill No. 771. A bill to abolish the office of County Treasurer of Hancock County, etc.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 45, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 786. A bill to amend an Act to create and organize Commissioners of Chatham County, who shall be ex-officio Judges, 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Cain of Crisp-
House Bill No. 802. A bill to abolish the fee system in Crisp County; to provide for the payment of salaries to

1390

}OURNAL OF THE SENATE,

certain county officers 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 34, nays 0..
The bill, having received the requisite Constitutional majority, was passed.
By Mr. Clements of WheelerHouse Bill No. 821. A bill to amend an Act to create
the offices of Tax Collector, Tax Receiver, etc., of Wheeler County.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Thompson, Hendricks and Mrs. Tolbert of Muscogee-
House Bill No. 822. A bill to amend an Act providing for the charter of 'the City of Columbus, so that persons may be allowed to vote upon payment of all poll tax and the city street and capitation tax.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 41, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

FRIDAY, MARCH 17, 1933.

1391

By Mrs. Tolbert and Messrs. Thompson and Hendricks of Muscogee-
House Bill No. 823. A bill to amend the charter of the City of Columbus by amending the Act approved Aug. 13, 1931, by striking the proviso for the refunding to officers and employees of the premiums on life insurance policies on a prorata 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 42, nays 0.

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

By Messrs. Mundy and Peek of Polk-

House Bill No. 831. A bill to amend Acts incorporating the City of Cedartown, etc.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 43, nays 0.

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

The following privileged resolutions were read and

adopted:



By Senator Hubbard of the 31st District-
A resolution extending the privileges of the floor to Dr. and Mrs. W. A. Rivers, of Wheeler County, the father and mother of the distinguished Senator from the 15th District.

By Senator Lester of the 18th District-
A resolution extending the privileges of the floor to Honorable Ben Pierce, County Attorney for Richmond County.

1392

JouRNAL OF THE SENATE,

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

By Messrs. Rivers of Lanier and Beasley of Tattnall-
House Bill No. 779. A bill to preserve the present status of all banks located in Georgia.
Referred to Committee on Banks and Banking.

By Messrs. Culpepper of Fayette and King of Clay-
House Bill No. 13 2. A bill to amend an Act providing for the collection of a tax on cigars, cigarettes, etc.
Referred to Committee on Finance.

By Mr. TurnerHouse Bill No. 573. General Tax Bill. Referred to Committee on Finance.

By Senator Key of the 28th District-
Senate Bill No. 45. A bill to regulate admission to practice of law.
By Senators Hubbard of the 31st District, McWhorter of the 5Oth District-
Senate Bill No. 111. A bill to amend Paragraph One ( 1), Section Two ( 2), of Article Eight ( 8) of the Constitution of Georgia, providing for the appointment of State School Commissioner.

By Senator Groover of the 49th District-
Senate Bill No. 227. A bill to amend an Act approved Aug. 16, 1919, to regulate banking in the State of Georgia.

FRIDAY, MARCH 17, 1933.

1393

The following resolutions of the House, favorably reported by committees, were read the second time:

By Mr. Gillen of BibbHouse Resolution No. 94-447b. A resolution to relieve
H. A. Burke and others on a surety bond.
By Mr. Hendricks of MuscogeeHouse Resolution No. 109-5 11 c. A resolution to re-
fund money to sureties by County of Muscogee.

By Mr. Lanier of Richmond-
House Resolution No. 194. A resolution to appoint a Commission to revise the Constitution of the State of Georgia so as to strike out obsolete, temporary and local provisions, and improve the organization and operation of the State government.

By Mr. Hendricks of Muscogee-
House Resolution No. 110-5 11 d. from bond in County of Muscogee.

Relieving sureties

By Mr. Still of Fulton-
House Resolution 188-826a. A resolution to suspend until March 1, 1935, the enforcement of a fi. fa. against Mrs. Lucile McD. Green, issued in proceedings to forfeit a certain bond.
The following bills of the House, favorably reported by committees, were read the second time:

By Messrs. Scott and Robison of Thomas-
House Bill No. 813. A bill under which County Commissioners, etc., having charge of fiscal affairs in counties

1394

JOURNAL OF THE SENATE;

of a certain population shall be required to abolish the fee system.

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 818. A bill to consolidate the offices of Tax Receiver and Tax Collector.

By Mr. Palmour of Dawson-
House Bill No. 827. A bill to create the office of Commissioner of Roads and Revenues.

By Mr. Peters of Meriwether and Harris of Richmond-
House Bill No. 828. A bill to amend the banking law of the State of Georgia.

By Messrs. Arnall and Dyer of Coweta-
House Bill No. 834. A bill to amend the charter of the City of Newnan.

By Messrs. Simms and Tillman of Brooks-
House Bill No. 840. A bill to consolidate the offices of Tax Receiver and Tax Collector.

By Mr. Johnson of Upson-
House Bill No. 844. A bill to amend Acts incorporating the City of Thomaston, Upson County.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 846. A bill to abolish the office of County Treasurer, Chatham County, etc.
By Mr. Courson of Brantley-
Hause Bill No. 847. A bill to amend an Act providing for a Tax Commissioner, Brantley County.

FRIDAY, MARCH 17, 1933.

1395

By Messrs. Hartsfield, Eckford and Still of Fulton-
House Bill No. 854. A bill to amend an Act incorporating the town of College Park.
The following bills of the Senate, favorably reported by committees, were read the second time:

By Senator Nelson of the 6th District-
Senate Bill No. 41. A bill to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1 of the Constitution of Georgia, authorizing any municipality which acquires, constructs, etc., any public utility, to issue bonds therefor beyond the general limits of bonded indebtedness prescribed by law, etc.

By Senator Nelson of the 6th District-
Senate Bill No. 43. 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 property for taxation, etc.
Senator Hubbard of the 31st District asked unanimous consent that House Bill No. 669 be withdrawn from the committee, read the second time and recommitted, and the consent was granted.
The Committee on Rules submitted the following report, which was read and adopted :

Mr. President:
Your Committee on Rules establishes the following order of business for today's session, immediately following the period of Unanimous Consents, to-wit:

1396

JOURNAL OF THE SENATE,

HOUSE BILLS

No. 62. By Mr. Allen of Jackson-Recreate Board of Health.
No. 56. By Mr. Evans of McDuffie-Burial insurance.
No. 251. By Mr. Evans of McDuffie-Burial insurance.
No. 51. By Messrs. Franklin and Ashley of Lowndes -Classification amendment.
House Resolution 120. By Mr. Parks and othersAmendment providing for Judge of Court of Appeals to sit with Supreme Court where Court evenly divides on case.
No. 101. By Mr. Hartsfield of Fulton-Amending 'Vorkman's Compensation Act to designate policemen and firemen as employees.
House Resolution No. 96. By Mr. Epting of ClarkeDirecting Public Service Commission to use tax values of corporations for rate-making basis.
No. 657. By Mr. Calhoun of vVilkes-Changing highway route in vVilkes County.
Your committee makes the following recommendations: That the above calendar be taken up in the order that the President deems most propitious, and that the President may call up other bills as he deems advisable in order to save time and transact business.
That each proponent of a bill shall be limited to ten minutes; one selected opponent shall be limited to twenty minutes, except where there is a minority report, in which case the opponents shall have the same time as the proponent. Any Senator desiring to debate any question shall be limited to five minutes' time for debate.

FRIDAY, MARCH 17, 1933.

1397

That the Senate adjourn at one o'clock until two o'clock and remain in session from two o'clock until five o'clock.
Respectfully submitted, GEo. W. FETZER, Vice-Chairman. WM. M. LESTER, Secretary.

Senator Nelson of the 6th District moved that the Senate disagree to the adverse committee report on House Bill No. 52, a bill by Mr. Franklin of Lowndes, and the motion prevailed.
Senator Hogg of the 13th District moved that the Senate reconsider its action in postponing House Bill No. 300, and the motion prevailed.

Senator Nelson of the 6th District moved that the adverse committee report on House Bill No. 271 be disagreed to, and the motion prevailed.
A sealed communication from His Excellency, the Governor, was received through his Secretary, Mrs. Eva G. Drew.
Senator Campbell of the 34th District moved that the Senate go into executive session, and the motion prevailed, and the Senate went into executive session at 11 :58 o'clock
A.M.
The Senate was called to order at 12:45 o'clock this afternoon. The Conference Committee on House Bill No. 100 submitted the following report, which was read and adopted:
March 16, 1933.

Mr. President and Mr. Speaker: We, your Committee on Conference appointed to con-

1398

JouRNAL OF THE SENATE,

sider the differences between the House and the Senate on House Bill No. 100, beg leave to report as follows:
That the Senate recede from its amendment fixing Fifteen Dollars ( $15.00) for the price of said Code, and agree to the following amendment :
That the five hundred and forty-one ( 541) copies of said Code are to be furnished to the State for the price of $10.00, and that the maximum price of said Code, when printed, shall be Fifteen Dollars ( $15.00).
That the House recede from its disagreement of the Senate amendment, and agree to the amendment fixing the price as set forth in this report.
Respectfully submitted,
L. THos. GILLEN of Bibb,
PARKER of Colquitt,
PAULL. LINDSAY,
On behalf of the House.
GEo. W. FETZER, ]R., of 1st District,
J. T. COLSON, of the 4th District.
J. R. PoTTLE of the 1Oth District,
On behalf of the Senate.

The following resolution of the Senate was read:
By Senators Mallett of the 26th District and Fetzer of the 1st District-
Senate Resolution No. 113, as follows, to-wit:
Whereas, by the Constitution the regular session of the General Assembly Of the State of Georgia is limited by the Constitution to a period of 60 days; and,

FRIDAY, MARCH 17, 1933.

1399

Whereas, the last day of the present regular session of 1933 of said General Assembly of Georgia falls on the 19th day of March, 1933, the same being the Sabbath; and,
Whereas, the law of Georgia is as follows, under Section 4, Paragraph 8, of the Civil Code of Georgia, to-wit:
"8. When a number of days is prescribed for the exercise of any privilege, or the discharge of any duty, only the first or last day shall be counted, and if the last day shall fall on the Sabbath, another day shall be allowed in the computation."
Therefore, be it resolved by the Senate, the House co,lcurring, that the General Assembly of the State' of Georgia shall meet on Monday, March 20, 1933, and adjourn sine die, not later than 11 :59 P. M., Monday, March 20, 1933.
The following communication from Mr. K. C. Bleckley, Deputy Clerk of the Supreme Court of Georgia, was received and read:
MARCH '17, 1933.
H on. H ami/ton !tfcWhorter, President, The Senate.

DEAR MR. McWHORTER:
Will you kindly make the announcement that Memorial services for the late Associate Justice James K. Hines will be held in the Supreme Court room on Monday morning, next, at eleven o'clock, by a committee of which Hon. Thos. W. Hardwick is the chairman.
The Court hopes that the members of the Senate will be able to remain over for the exercises, and cordially invites all members of the bar to be present.
Sincerely yours,
K. c. BLECKLEY, D. c.

1400

JoURNAL OF THE SENATE,

The hour of adjournment having arrived, the President announced that the Senate stood adjourned until 2 :00 o'clock this afternoon.

AFTERNOON SESSION

The Senate met at two o'clock this afternoon, and was called to order by the President.
Mr. Turner of the 7th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. President:
Your Committee on Insurance have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 548. By Messrs. Pound of Hancock and Claxton of Johnson, a bill to amend Act regulating business of fire and casualty insurance in Georgia.
Respectfully submitted,
TuRNER, Chairman.

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

Mr. President:
The House has agreed to the Senate substitute to the following bill and resolution of the House, to-wit:

By Mr. Brown of Glynn-
House Bill No. 194. A bill to .consolidate the offices and duties of the Tax Receiver and Tax Collector of Glynn County, and for other purposes.

FRIDAY, MARCH 17, 1933.

1401

By Mr. Vaughn of Rockdale-
House Resolution No. 105. A resolution requesting the Congress of the United States to reasonably inflate the currency and credit, and for other purposes.

The House has agreed to the Senate amendments to the following bills of the House, to-wit:

By Mr. Patten of Tift-
House Bill No. 690. A bill to be entitled an Act to amend the charter of the City of Tifton, and for other purposes.

By Messrs. Sammon of Gwinnett, Black of Forsyth, and others-
House Bill No. 94. A bill to be entitled an Act to provide for the use of wire baskets and permit seining in the streams of certain counties of this State during certain months of the year, and for other purposes.

By Mr. Mixon of Irwin-
House Bill No. 103. A bill to be entitled an Act to provide for service of notice upon taxpayers by assessors through the United States Mail, and for other purposes.
Mr. Carithers of the 27th District, Chairman of the Committee on State of Republic, submitted the following report:
Your Committee on State of the Republic have had under consideration the following bill of the House, and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 484.
H. A. CARITHERS of the 27th District.

1402

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 reqms1te Constitutional majority the following bills of the House, to-wit:

By Mr. Lindsay of DeKalb-
House Bill No. 851. A bill to provide pensions for employees of cities'having a certain population who have been in continuous service for 25 years, and for other purposes.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report :

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 820. By Mr. Lott of Coffee, do pass.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House has agreed to the Senate substitute to the following bill of the House, to-wit:

By Messrs. Parker and Sutton of Colquitt-
House Bill No. 783. A bill to be entitled an Act to amend the Act creating a Board of Commissioners of Roads and Revenues for the County of Colquitt, and for other purposes.

FRIDAY, MARCH 17, 1933.

1403

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

Mr. President:
The House has adopted the Conference Committee report on the following bill of the House, to-wit:

By Messrs. Lindsay of DeKalb and Flynt of Spalding-
House Bill No. 100. A bill to be entitled an Act to adopt and make of force a new Code of laws for 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 passed by the reqms1te Constitutional majority the following bills of the House, to-wit:

By Mr. Harris of Richmond-
House Bill No. 484. A bill to provide a tax on all distributors of motor fuels, etc., and for other purposes.
The House has adopted by the requisite Constitutional ma:jority the following resolution of the House, to-wit:

By Mr. Harris of Richmond-.
House Resolution No. 20 1. A resolution paying the expenses of Banking Committee at Washington.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House has disagreed to the Senate substitute, as amended, to House Bill No. 403, known as General Appro-

1404

JOURNAL OF THE SENATE,

priation Bill, and respectfully request the appointment of a Committee of Conference, on the part of the Senate, to confer with a like committee on the part of the House.
The Speaker has appointed as a Committee of Conference, on the part of the House, the following members of the House, to-wit:
Messrs. Mundy of Polk, Culpepper of Fayette, and Beasley of Tattnall.
The President appointed as a Conference Committee on the part of the Senate to confer with a like committee appointed by the House, on House Bill No. 403, the General Appropriations Bill, Senators Lester of the 18th District, Hubbard of the 31st District, and Key of the 28th Di~trict.
The following report of the Conference Committee, being the fourth Conference Committee on House Bill No. 18 2, was read and adopted :

Mr. President: Mr. Speaker:

Your conferees on the House and the Senate to consider the differences between the House and Senate on House Bill No. 182, the substitute and amendments thereto, beg leave to report that we are unable to agree.

This the 17th day of March, 1933.

w. GEO.

FETZER, JR.,

Of the 1st District.

w. H. KEY,

Of the 28th District.

J. T. COLSON,
Of the 4th District. On the part of the Senate.

FRIDAY, MARCH 17, 1933.

1405

DICKEY, Of Gordon County.
W. FRED ScoTT, Of Thomas County.
RoY V. HARRIS, Of Richmond County.
On the part of the House.
The committee appointed under Senate Resolution No. 113, submitted the following report, which was read and adopted:
To the President of the Senate and Speaker of the House:
We, your committee appointed to consider and report upon a resolution of the Senate and of the House as to the proper time for adjournment of the session of General Assembly, beg leave to submit the following report:
The committee is of the opinion that the present Legislative session Constitutionally terminates on Sunday at 12 o'clock midnight, March 19, next, but that the General Assembly should adjourn sine die not later than midnight, Saturday, March 18th next.
Respectfully submitted,
MALLETT, Of the 26th District.
ANDREW J. TUTEN,
Of the 46th District.
SIDNEY M. GoLDIN, Of the 38th District.
LEWIS, Of the 20th District.

1406

JouRNAL o.F THE SENATE,

J. R. PoTTLE, Of the 1Oth District. On part of the Senate.
ENNIS of Baldwin, .ORVILLE of Clarke, FLYNT of Spalding, MYRICK of Chatham, CuLPEPPER of Fayette, DAVIS of Mitchell, HARRIS of Richmond.
On part of the House. The following bill of the House was read the third time and put upon its passage :

By Mr. Allen of Jackson-
House Bill No. 62. A bill to amend an Act simplifying the operation of the executive branch of the State government by abolishing certain offices, boards, departments, etc., and for other purposes.
The committee offered the following substitute:

SENATE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 62

A BILL
To be entitled an Act to amend an Act entitled "An Act to simplify the operattons of the executive branches of the State government by abolishing certain offices, boards, departments, commissions and institutions; creating others; redistributing the powers, duties and functions of

FRIDAY, MARCH 17, 1933.

1407

said executive branch among such officers, boards, commissions and departments as are created herein or hereby retained; defining such powers, duties and functions and coordinating the same; fixing salaries, terms of office, method of appointment and election, duties and qualifications of the personnel in charge thereof; repealing all laws and parts of laws in conflict herewith, and for othe~; purposes," by amending Article 3 thereof so as to create a Board of Health; to provide and direct the manner of appointment of the members thereof; to fix the terms of office of the members; to provide for filling vacancies on said Board of Health; to provide for the election of a Director of Public Health; to provide for his salary; stipulate his qualifications and to fix his term of office; to provide for the election of a secretary of said Board of Health and to define his duties; to transfer to such Board of Health necessary powers, duties and functions; to provide for attendance of members at meeting of the Board of Health and to fix their compensation and mileage; to repeal all laws and parts of laws in conflict herewith, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly, approved August 28, 1931, and published upon pages 7 to 46, inclusive, of the published Acts of the General Assembly for 1931, and entitled: "An Act to simplify the operations of the executive branch of the State government by abolishing certain offices, ~oards, departments, commissions and institutions; creating others; redistributing the powers, duties and functions of said executive branch such offices, boards, commissions and
departments as are herein created or hereby retained; defining such powers, duties and functions and coordinating the same; fixing salaries, terms of office, method of ap-
pointment and election, duties and qualifications of the personnel in charge thereof; repealing all laws and parts of

1408

JouRNAL OF THE SENATE,

laws in conflict herewith, and for other purposes," be, and the same are, hereby amended as follows:
Section 1. Be it enacted by the authority aforesaid, that all of Article 3, including Sections 14, 15, 16, 17 and 18 (Acts 1931, pages 11 and 12) be, and the same are, hereby stricken and repealed, and the following substituted in lieu thereof:
"Sec. 14. Be it further enacted by the authority aforesaid, that there is hereby created and established a department of the State government to be known as the Department of Public Health, under the management and control of Board of Health.

"Sec. 15. The Board of Health shall be composed of 14 members, appointed by the Governor and confirmed by the Senate, four from the State at large and one from each "Congressional District, provided that such appointments shall be made from lists of nominees submitted to the Governor by the governing bodies of the Medical Association of Georgia, the Georgia Dental Association, and the Georgia Pharmaceutical Association. The nominees submitted by the governing body of the Georgia Pharmaceutical Association shall be from the State at large and shall be at least four in number, from which two appointments shall be made by the Governor. The nominees submitted by the governing body of the Georgia Dental Association shall be from the State at large and shall be at least four in number from which two appointments shall be made by the Governor. The nominees submitted by the Medical Association of Georgia shall be at least twenty in number, two from each Congressional District, from which ten appointments, one from each Congressional District, shall be made by the Governor. A majority of all the members of the Board shall, at all times, be practicing physicians in the State of Georgia. The Governor shall be ex-officio a member of said Board of Health.

FRIDAY, MARCH 17, 1933.

1409

"Sec. 16. The term of office of the 12 members first appointed shall be as follows: Two shall be appointed for a term ending September 1, 1934; two for a term ending September 1, 1935; two for term ending September 1, 1936; two for a term ending September 1, 1937; three for a term ending' September 1, 1938; three for a term ending September 1, 1939, and their successors shall be appointed for a full term of six years each.
"Sec. 17. In case of a vacancy from any cause of any member of the Board, the Governor shall fill the vacancy by appointment, to be confirmed by the next succeeding session of the Senate, from a list of at least two nominees submitted by the governing body of the organization named in Section 15, whose member has caused such a vacancy. The Board of Health shall elect one of its members as Chairman and one as Vice-Chairman.
"Sec. 18. Said Board shall elect a Director of the Department of Public Health, to devote his entire time to the work of the department, to hold office for a term of six years; to be provided with suitable offices in the State Capitol, or elsewhere at the discretion of the Governor; to receive a salary to be fixed by the Board; such Director shall give bond for the faithful performance of his duties and for the faithful accounting for all monies coming into his hands as Director of the Department of Public Health, in such amount and under such terms and conditions as may be prescribed by said Board of Health provided that such Director shall be a graduate physician authorized to practice medicine and surgery in this State and who shall have had not less than five years' experience in the practice of said profession; and, provided further, that such Director of the Department of Public Health shall not be elected or appointed by said Board until the expiration of the term of the incumbent on January 1, 1936, until which time said incumbent shall continue in office as Director of the Depart-

1410

jOURNAL OF THE SENATE,

ment of Public Health under control of said Board of Health.
"Sec. 19. Said Board shall elect a Secretary, not a member thereof from the clerical staff of the Department of Public Health, who shall serve without additional compensation for his duties as Secretary, and who shall keep accurate minutes of each meeting of sa.id Board, submitting such minutes to the Chairman of the Board for his approval within ten days after adjournment of such meeting.
"Sec. 20. The Board of Health shall establish such rules and regulations for its own direction as it may deem proper; may confer upon the Director of the Department of Public Health such duties and powers as it deems proper; the Board of Health herein created is vested with all of the powers, duties, privileges and rights, which by law existed in the State Board of Health prior to the Act approved August 28, 1931, abolishing the said State Board of Health.
"Sec. 21. It shall be the duty of the members of the Board of Health to attend its meetings and take part in its deliberations; and should any member 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 the regular session of said Board, his absence to attend such session shall be good ground for a postponement or a continuance of the case until the session of the Board shall have come to an end.
"Sec. 22. The office of any member of the Board shall be vacated if he neglects to furnish a good and satisfactory cause in writing to the Board for absence from two consecutive meetings of the Board. If any member for any cause fails to attend three consecutive meetings of the Board without valid excuse or leave of absence from said Board or the Chairman or Vice-Chairman thereof, his office shall be declared vacant by the Board and the Secretary shall in either event notify the Governor, the president of the organiza-

FRIDAY, MARCH 17, 1933.

1411

tion named in Section 15 whose member has caused such vacancy, of a vacancy in the Board, and the same shall be filled as heretofore provided.
"Sec. 23. The Board, through a committee of not less than two of its members, shall make at least one annual inspection of each activity of the Department of Public Health, and report their findings and conclusions to the Board in writing.
"Sec. 24. The members of the Board shall each receive the sum of 57.00 for each day of actual attendance at the meetings of the Board or on tours of inspection, in lieu of their personal expense incurred thereby, and shall receive mileage to and from the place of the meeting or place of visits and inspections, by the nearest practical route from their respective homes; such expenses 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 and signed by the Secretary. The members of the Board shall receive no emoluments or compensation for their service as such members.
"Sec. 25. The office of State Registrar of Vital Statis-
tics, as provided in an Act approved August 17, 1914 (See Acts 1914, page 157 et seq.), is hereby abolished and the powers, duties and functions of said office are hereby transferred to and vested in said Board of Health.
"Sec. 26. Under the direction and supervision of said Board of Health the Director of this Department may employ such clerks and assistants as may be provided for in an appropriation enacted for the support of said department.
Sec. 2. Be it further enacted that the remaining sections of said Act be renumbered in accordance herewith.
Sec. 3. Be it further enacted that all laws and parts of

1412

JouRNAL OF THE SENATE,

laws in conflict herewith be, and the same are, hereby repealed.
Senator Nelson of the 6th, Dorminy of the 45th, and Cail of the 17th District moved to amend the committee substitute, as follows:' Amend House Bill No. 62, Section 20, by adding at the end thereof the following:
"Provided, however, that no provision of this Act shall be construed as giving said Board jurisdiction over the State Tuberculosis Sanatorium, at Alto, and/or the State Training School for Mental Defectives, at Gracewood."
Senator Oliver of the 48th District moved to amend committee substitute to House Bill No. 62 by striking from Section 18 thereof the words,"To receive a salary to be fixed by the Board," and inserting in lieu thereof the words, "To receive a salary of $6,000.00 per annum, subject to a proportionate reduction with salaries of equal amount paid other State House officers, as may be ordered by Act of the General Assembly."
The amendment by Senator Nelson and others was adopted.
The amendment by Senator Oliver was adopted.
The substitute as amended was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute as amended, was agreed to.
On the passage of the bill by substitute as amended the ayes were 37, nays 0.
The bill, by substitute as amended, having received the requisite Constitutional majority, was passed.
By unanimous consent the bill was ordered immediately transmitted to the House.

FRIDAY, MARCH 17, 1933.

1413

Senate Resolution No. 113, a resolution by Senators Mallett and Fetzer, introduced and read at the morning session today, was taken up for further consideration.
The resolution was adopted.
Senator Mallett of the 26th District moved that the President appoint a committee of five on the part of the Senate to confer with a like committee to be appointed by the Speaker of the House on the subject matter of Senate R~solution No. 113, and the motion prevailed, and the President appointed on the part of the Senate Senators Mallett of the 26th District, Tuten of the 46th District, Lewis of the 20th District, Goldin of the 38th District, and Pottle of the 1Oth District.
The following bill of the House was read the first time and referred to Committee on State of the Republic:

By Mr. Harris of Richmond. House Bill No. 484. A bill to impose a tax on distributors of motor fuels.
The following bill of the House, favorably reported by the committee, was read the second time:
By Mr. Hartsfield of Fulton-
House Bill No. 119. A bill to amend Sections No. 657 and No. 676 of the Criminal Code relating to suffrage.
The following resolution of the House was read and adopted:
By Mr. Harris of RichmondHouse Resolution No. 201. A resolution to pay the ex-
penses of the Committee on Banks and Banking at Washington.

1414

jOURNAL OF THE SENATE,

Senator Fetzer of the 1st District moved that the following resolution of the House be taken from the table, and the motion prevailed :

By Mr. Lindsay of DeKalb-
House Resolution No. 53. A resolution to authorize the State Treasurer to pay mileage to the members of the General Assembly for the regular session thereof.
The following bill of the House was read the third time and put upon its passage:

By Mr. Evans of McDuffie-
House Bill No. 56. A bill to make it a misdemeanor to receive compensation or commission on account of employment of an undertaker.

Senator Hutcheson of the 44th District offered an amendment. The amendment was lost.

Senator Paschall of the 43rd District moved to table 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:

Boyd Dean Goldin Haralson Howard of the 24th

Howard of the 2nd Hutcheson Knox Paschall Pottle

Rivers Robertson Sims Sisk Terrell

Those voting in the negative were Senators:

Alston Andrews Baggett Boykin Cail Campbell Carithers Cason Cloud

Conner Culpepper Dorminy Fetzer Fudge Groover Hogg Key Lester

Lewis Lovett Mallett Morris of the 39th Oliver Tate Turner Tuten Weaver

FRIDAY, MARCH 17, 1933.

1415

On the motion to table the ayes were 15, nays 27, and the motion was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill the ayes 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:

Alston Andrews Baggett Boy kin Cail Campbell Carithers Cason Cloud

Conner Culpepper Dorminy Fetzer Fudge Groover Hogg Hubbard Key

Lester Lewis Lovett Mallett Morris of the 39th Nelson Oliver Tate Turner Weaver

Those voting in the negative were Senators:

Boyd Dean Gordin Haralson Howard of the 24th

Howard of the 2nd Hutcheson Knox Paschall Pottle

Rivers Robertson Sims Sisk Terrell Tuten

The ayes were 28, nays 16.

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

The following privilege resolution was read and adopted:

By Senator Conner of the 14th District-
A resolution extending the privileges of the floor to Honorable R. E. Hammock of Cochran, Ga.

1416

JouRNAL OF THE SENATE,

Senator Colson of the 4th District moved that certified copies of the original House Bill No. 182, and the substitute as amended in the House, be established as original papers, and the motion prevailed.
Senator Colson of the 4th District offered the following amendment to House Amendments No. 1 and No. 2 to Senate substitute to House Bill No. 182, and the amendment was adopted :
"To disagree to the House amendment No. 1 to the Senate substitute for House Bill No. 182. To disagree to the House amendment No. 2, by Mr. Watson of Paulding to the Senate substitute for House Bill No. 182, and offers the following amendment to said amendment No. 2 by Mr. Watson of Paulding by striking the following language: "Provided, that dealers may use dealer's tags on any cars used in carrying on the business of selling automobiles."
The following bill of the House, favorably reported by the committee, was read the second time:

By Mr. Lott of Coffee-
House Bill No. 820. A bill to abolish the offices of Tax Collector and Tax Receiver of Coffee County, and for other purposes.
A motion to adjourn until 9 :30 o'clock tomorrow morning prevailed.
The President announced that the Senate stood adjourned until half past nine o'clock tomorrow morning.

SATURDAY, MARCH 18, 1933.

1417

SENATE CHAMBER, ATLANTA, GA. SATURDAY, MARCH 18, 1933.

The Senate met, pursuant to adjournment, at 9 :30 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 :

Alston Andrews Baggett Boyd Boy kin Cail Campbell Carithers Cason Cloud Colson Conner Culpepper Dean Dorminy Fetzer Fudge

Goldin Groover Haralson Hogg Howard of the 24th Howard of the 2nd Hubbard Hutcheson Jackson Key Knox Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of t.b.e 5th Nelson Oliver Paschall Pottle Rivers Robertson Sims Sisk Sparks Tate Terrell Turner Tuten Weaver Mr. President

Senator Weaver of the 25th District, Chairman of the Committee on Journals, reported that he had examined the Journal of yesterday's proceedings and found it correct.

Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. President:
Your Committee on Special Judiciary have had under consideration the following bill of the House, and have in-

1418

JoURNAL OF THE SENATE,

structed me, as Chairman, to report the same back to the Senate with the recommendation that the same do pass:
House Bill No. 563.
SISK, Chairman.
Mr. Sisk of the 30th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Jl.1r. President:

Your Committee on Special Judiciary have had under consideration the following bills of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do not pass:

House Bill No. 57.

House Bill No. 736.

SISK, Chairman.

Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report :

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 813. By Messrs. Scott and Robison of Thomas, do pass as amended.
Mr. Rivers of the 15th District, Chairman of the Committee on Counties and County Matters, submitted the following report :

Mr. President: Your Committee on Counties and County Matters have

SATURDAY, MARCH 18, 1933.

1419

had under consideration the following bill of the house and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 226. By Messrs. Epting and Wood of Clarke, do pass.
Mr. Fudge of the 8th District, Chairman of the Committee on Agriculture, submitted the following report:

Mr. President:
Your Committee on Agriculture have had under consideration the following bills and resolution of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that the same do riot pass:
House Bill No. 515.
House Bill No. 77.
House Resolution No. 26.
FuDGE, Chairman.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The Speaker of the House has respectfully ruled out of order the amendment of the Senate to House Amendment No. 2 to Senate Substitute to the following bill of the House, to-wit:

By Mr. Scott of Thomas, and Harris of Richmond -
House Bill No. 182. A bill to be entitled an Act to amend an Act known as the Georgia Motor Vehicle Law, and for other purposes.
The ruling of the Speaker was that under the rules of

1420

JouRNAL OF THE SENATE,

the House and Senate, an amendment to an amendment to a substitute or amendment is not permissible, and I am directed to return said House Bill No. 182 to the Senate.
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 bills of the St;nate, to-wit:

By Mr. Terrell of the 37th District-
Senate Bill No. 2. A bill to establish and define the Franklin D. Roosevelt Highway.

By Mr. Dorminy of the 45th District-
Senate Bill No. 137. A bill to be entitled an Act to further provide for the qualification of Judges and Jurors m the trial of civil cases, and for other purposes.

By Mr. Sims of the 35th District-
Senate Bill No. 163. A bill to be entitled an Act to aid in relieving unemployment; to prohibit officials and employees from holding more than one job, and for other purposes.

By Mr. Cail of the 17th District-
Senate Bill No. 29. A bill to provide that the suspension of the execution of sentence by the trial judge when a defendant in a criminal case is found guilty or enters a plea of guilty shall have the effect of probating such defendant, and to provide that all parties under sentence the execution of which has been suspended, be deemed probated offenders.

SATURDAY, MARCH 18, 1933.

1421

By Mr. Dean of the 11th District-
Senate Bill No. 151. A bill to be entitled an Act to authorize the State to obtain and furnish to the farmers of the State hog cholera serum at cost, and for other purposes.

By Mr. Boyd of the 33rd District-
Senate Bill No. 190. A bill to require itemized statements of fees of county officers to be filed in the office of Clerk of the Superior Court, 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 bills of the Senate, to-wit:

By Mr. Dorminy of the 45th District-
Senate Bill No. 234. A bill to amend Act chartering City of Fitzgerald, providing for method of selecting official organs, and for other purposes.

By Mr. Hutcheson of the 44th District-
Senate Bill No. 23 5. A bill to create the office of Com-
missioners of Roads and Revenues for the County of Walker; to provide for their election, and for other purposes.

By Mr. Turner of the 7th District -
Senate Bill No. 249. A bill to amend an Act approved August 2, 1912, entitled as follows: "An Act to establish the City Court of Quitman, in and for the County of Brooks, and for other purposes."

1422

JouRNAL OF THE SENATE,

By Messrs. Rivers of the 15th District, and Howard of the 2nd District-
Senate Bill No. 118. A bill to amend an Act approved August 20, 1929, designating the highway mileage, by adding additional mileage from Lyons, Georgia, through the new prison farm to Glenville, 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 reqms1te Constitutional majority the following bills of the Senate, to-wit:

By Mr. Key of the 28th District-
Senate Bill No. 7. A bill to prevent Fraudulent Operation of Slot Machines and Coin Receptacles, and for other purposes.

By Mr. Terrell of the 37th District-
Senate Bill No. 25. A bill to be entitled an Act to amend the Georgia vVorkmen's Compensation Act by denying the right of the insurance company, after accepting a premium to plead that the employer is not subject to the Act, and for other purposes.

By Mr. Pottle of the lOth District-
Senate Bill No. 49. A bill to be entitled an Act to amend an Act providing for the revival of the charter of a corporation incorporated by a judgment of the Superior Court, and for other purposes.

By Mr. Lewis of the 20th DistrictSenate Bill No. 84. A bill to be entitled an Act to amend

SATURDAY, MARCH 18, 1933.

1423

an Act creating the State Board of Examiners in Optometry, and for other purposes.

By Mr. Fudge of the 8th District-
Senate Bill No. 106. A bill to be entitled an Act to prohibit the driving of motor vehicles by school busses while said busses are stopped and engaged in taking on or discharging school children, and for other purposes.

By Mr. Sparks of the 9th District-
Senate Bill No. 117. A bill to be entitled an Act to amend Section 264 of the Code of Georgia by providing that an office shall become vacant when the term of the incumbent has expired, and to provide the method of appointment and election to fill such vacancy, 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 Senate, to-wit:

By Messrs. Key of the 28th District, and Hogg of the 13th District-
Senate Bill No. 123. A bill to be entitled an Act in relation to the rights of Creditors and Beneficiaries under policies of life, endowment and accident insurance and under Annuity Contracts.

By Messrs. Key of the 28th District, and Rivers of the 15th District-
Senate Bill No. 124. A bill to be entitled an Act to authorize non-residents to be licensed to solicit life insurance in this State, and for other purposes.

1424

JouRNAL OF THE SENATE,

By Mr. Fetzer of the 1st District, Lester of the 18th District, and others-
Senate Bill No. 133. A bill to be entitled an Act to amend the Securities Law, and for other purposes.

By Mr. Morris of the 39th District-
Senate Bill No. 152. A bill to be entitled an Act to amend Section 1868 of the Code of Georgia of 1910, regarding weights in barrels and sacks for flour, grits, etc., and for other purposes.

By Messrs. Mallett of the 26th District, and Haralson of the 40th District-
Senate Bill No. 165. A bill to be entitled an Act to amend an Act approved August 24, 1831, being an Act repealing Section 23 of Act Number 427, to allow fishing with hook and line devices, and for other purposes.

By Mr. Sims of the 35th District-
Senate Bill No. 17 5. A bill to be entitled an Act to fix the time of holding primary elections for city officials in cities of 200,000 population or over, and for other purposes.

By Messrs. Terrell of the 37th District, and Sims of the 35th District-
Senate Bill No. 35. A bill to be entitled an Act to amend an Act known as the Georgia Workmen's Compensation Act to require insurance companies writing compensation insurance in this State to give bond, and for other purposes.

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

SATURDAY, MARCH 18, 1933.

1425

Mr. President:
The House has passed by the requiSite Constitutional majority the following bill of the Senate, to-wit:

By Mr. Key of the 28th District-
Senate Bill No. 125. A bill to authorize cities and towns to construct, own, equip, operate, maintain and improve works for the collection and/or treatment, purification and disposal of sewage; to authorize cities and towns to issue revenue bonds; to authorize contracts for the use of such works by other cities, towns, etc., 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 of the Senate, to-wit:

By Mr. Baggett of the 51st District-
Senate Bill No. 69. A bill that in all cities in all counties in the State of Georgia, having a certain population, shall keep their polls open on all election days, whether general, special, primary or otherwise, from 7 :00 o'clock A. M. to 6:00 o'clock P. M., and for other purposes.
By Mr. Nelson of the 6th District-
Senate Bill No. 148. A bill to amend an Act entitled "an Act to provide for holding four terms in each year of the Superior Court of Cook County, Georgia, etc.," and for other purposes.

By Mr. Morris of the 5th DistrictSenate Bill No. 159. A bill to amend an Act approved

1426

JOURNAL OF THE SENATE,

August 15, 1904, entitled an Act to create a new Charter for the Town of \Villacoochee, in the County of Coffee, and for other purposes.

By Mr. Haralson of the 40th District-
Senate Bill No. 179. A bill to reduce the penalty of the Official Bond of the Sheriff of Union County, Georgia, and for other purposes.

By Mr. Morris of the 39th District-
Senate Bill No. 208. A bill to amend an Act incorporating the Town of Canton, Georgia, Acts of the General Assembly of Georgia, 1922, page 604, et seq., and for other purposes.

By Mr. Casori of the 22nd District-
Senate Bill No. 220. A bill to provide for the nomination of candidates for county offices in Lamar 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 requisite Constitutional majority the following bills of th{! Senate, to-wit:

By Mr. Cason of the 22nd District-
Senate Bill No. 225. A bill to regulate settlements by the Tax Collector of Lamar County, and the various school districts; to provide the time for nomination of candidates for Tax Commissioner of Lamar County, and for other purposes.

By Mr. Cloud of the 19th DistrictSenate Bill No. 228. A bill to provide for the election

SATURDAY, MARCH 18, 1933.

1427

of Marshal and Nightwatchman of the City of Crawford. ville, and for other purposes.

By Mr. Lester of the 18th District-
Senate Bill No. 229. A bill to amend the Charter of the City of Augusta, providing that the City Attorney shall be ex-officio Attorney for Richmond County Department of Health for said City and County, without any extra compensation, and for other purposes.

By Mr. Hutcheson of the 44th District-
Senate Bill No. 232. A bill to abolish the office of Tax Receiver and the office of Tax Collector of Walker County, Georgia, and to create the office of County Tax Commissioner of said county, and for other purposes.

By Mr. Hutcheson of the 44th District-
Senate Bill No. 23 6. A bill to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Walker, and for other purposes.

By Mr. Hubbard of the 31st District-
Senate Bill No. 248. A bill to provide the disposition to be made by the County of Habersham of the certificates of indebtedness and funds accruing to said county under the provisions of an Act approved March 1, 1933, 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 Senate, to-wit:

1428

}Ol.JRNAL OF THE SENATE,

By Mr. Turner of the 7th District-
Senate Bill No. 250. A bill to amend Section 695 of the Political Code of Georgia, 1910, enumerating who is subject to road <;Juty or commutation tax in lieu thereof, and for other purposes.

By Mr. Sims of the 35th District-
Senate Bill No. 251. A bill to amend an Act approved August 28, 1931, entitled: "An Act to create a Text-Book Commission for the State of Georgia, etc.," and for other purposes.

By Mr. Sims of the 35th District-
Senate Bill No. 197. A bill to regulate the sale of white wheat flour; to prohibit the sale of such flour containing more than one-half of one per centum ash unless marked "Low Quality Flour," and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

Mr. President:
The House has adopted by the requ1s1te Constitutional majority the following resolutions of the Senate, to-wit:

By Mr. Sims of the 35th District-
Senate Resolution No. 46. A resolution to authorize the State Librarian to deliver copy of the Code of 1910
to J. M. Dodd, J. P. of Fulton County.

By Mr. Hubbard of the 31st District-
Senate Resolution No. 53. A resolution requiring State
Librarian to furnish Codes of 1910 to Ordinary of Haber-
sham County for use of J. P. of said county.

SATCRDAY, MARCH 18, 1933.

1429

The House has adopted as amended the following resolution of the Senate, to-wit:

By Mr. Moore of the 47th District-
Senate Resolution No. 30. A resolution authorizing and instructing the Highway Department of Georgia to pave a certain stretch of road to and through the grounds of the two State institutions known as the Georgia Coastal Plain Experiment Station and the Georgia State College for Men near Tifton, Georgia.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

1'v!r. President:
The House has passed by the requisite Constitutional majority the following resolution of the Senate, to~wit:

By Mr. Tuten of the 46th District-
Senate Resolution No. 59. A resolution relieving Oliver
\Villiams as surety on bond of G. vV. Cothern.

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. Mundy of Polk-
House Bill No. 671. A bill to be entitled an Act to appropriate money for the maintenance of the Legislative Department for the year 1933 in addition to that already appropriated, and for other purposes.

1430

JoURNAL OF THE SENATE,

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 of DeKalb, and Eckford of Fulton-
House Bill No. 790. A bill to be entitled an Act to amend an Act entitled an Act to establish a new Charter for the City of Atlanta, 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. Sims of the 35th District-
Senate Bill No. 282. A bill to be entitled an Act to extend the limits of the City of Atlanta, and for other purposes.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

JYIr. President:
The House has passed by the reqmstte Constitutional majority the following bills of the Senate, to-wit:

By Mr. Colson of the 4th District-
Senate Bill No. 241. A bill to be entitled an Act to amend the Charter of the City of Brunswick, Georgia, and for other purposes.

SATURDAY, MARCH 18, 1933.

1431

By Mr. Colson of the 4th District-
Senate Bill No. 244. A bill to be entitled an Act to amend the Charter of the City of Brunswick, and for other purposes.

By Mr. Rivers of the 15th District-
Senate Bill No. 255. A bill to amend an Act entitled an Act to create the offices of Tax Collector, Tax Receiver and County Treasurer of the County of Wheeler, State of Georgia, and for other purposes.

By Mr. Cloud of the 19th District-
Senate Bill No. 25 8. A bill to be entitled an Act to reduce the bond of the Sheriff of Taliaferro County, Georgia, from the amount of $10,000 to $3,000, and for other purposes.

By Mr. Hutcheson of the 44th District-
Senate Bill No. 269. A bill to amend an Act approved on the 3rd day of August, 1920, creating a new Charter for the town of Linwood, in Walker County, Georgia, and for other purposes.

By Mr.. Andrews of the 23rd District-
Senate Bill No. 271. A bill to fix the amount of the bond of the Sheriff of Crawford County, and for other purposes.

By Mr. Howard of the 24th District-
Senate Bill No. 278. A bill to be entitled an Act to amend Charter of the City of Columbus relative to the Commons in said city.
Mr. Rivers of the 15th District, Chairman of the Com-

1432

JouRNAL OF THE SENATE,

mittee on Counties and County Matters, submitted the following report :

Mr. President:
Your Committee on Counties and County Matters have had under consideration the following bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 840. By Messrs. Simms and Tillman of Brooks, do pass by substitute.
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:

By Messrs. Lindsay of DeKalb, and Park of Bibb-
House Resolution No. 60-292A. A resolution proposing an amendment to the Constitution relative to the sessions of the General Assembly and providing for salaries for the members in lieu of the per diem as now fixed, and for other purposes.
The following resolutions of the House were read the third time and put upon their passage:

By Mr. Gillen of Bibb-
House Resolution No. 94-447b. A resolution to relieve H. A. Burke and others on a surety bond in Bibb County, 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 26, nays 0.

SATURDAY, MARCH 18, 1933.

1433

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

By Mr. Hendricks of Muscogee-
House Resolution No. 109-511 c. A resolution to refund bond money to sureties by the County of Muscogee.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution the ayes were 31, nays 0.
The resolution, having received the requisite Constitutional majority, was passed.

By Mr. Hendricks of Muscogee-
House Resolution No. 110-511 d. A resolution relieving sureties from bond in County of Muscogee.
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 0.
The resolution, having received the requisite Constitutional majority, was passed.

By Mr. Still of Fulton-
House Resolution No. 188-826a. A resolution to suspend until March 1, 1935, the enforcement of a fi. fa. against Mrs. Lucile McD. Green, issued in proceedings to forfeit a certain 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 32, nays 0.
The resolution, having received the requisite Constitutional majority, was passed.

1434

JOURNAL OF THE SENATE,

The following bills of the House were read ~ third time and put upon their passage :

By Messrs. Scott and Robison of Thomas-
House Bill No. 813. A bill requiring the County Commissioners or other officers having charge of fiscal affairs in counties of a population of not less than 32,610 and not more than 32,615 to abolish the fee system for compensation, and for other purposes.
Senator Turner of the 6th District moved to amend House Bill No. 813 by adding at the end of Section 3 thereof the following: The said County Commissioners shall also fix the compensation of the Judge of any City Court in any such county, which said salary of the Judge of the City Court shall not be less than Two Thousand Four Hundred Dollars ($2,400.00) per year, and not more than Four Thousand Five Hundred Dollars ( $4,500.00) per year. The said County Commissioners shall also fix the salary of the Solicitor of any City Court in any such county, which said salary of the Solicitor of any such City Court shall not be less than One Thousand Two Hundred ( $1,200.00) Dollars per year, and not more than Two Thousand Dollars ( $2,000.00) per year.
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, nays 0.
The bill, as amended, having received the requisite Constitutional majority, was passed.

By Mr. Palmour of DawsonHouse Bill No. 827. A bill to create the office of Com-

SATURDAY, MARCH 18, 1933.

1435

missioner of Roads and Revenues for the County of Dawson, and for other purposes.
The committee amended House Bill No. 827 by adding a new section to be known as Section 10, as follows:
Section 10. Be it further enacted by the authority aforesaid, that before this Act shall be of force and effect, the same shall be submitted to the qualified voters of said County of Dawson at the next general election to be held in said county, Tuesday after the first Monday in N ovember, 1934, and that those voting in favor of said Act shall have written or printed on their ballots "for One County Commissioner," and those voting against said Act shall have written or printed on their ballots "Against One County Commissioner."
The returns of said election shall be made to the Ordinary of said county, who, the date following said election shall open the returns of same and declare the result thereof, and if it shall appear by said returns of said election that a majority of the qualified voters voting in said election cast their ballots in favor of the approval of said Act, the same shall be of force and effect, but if a majority of the qualified voters at said election vote against the approval of said Act the same shall not be of force and effect in said 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 35,
nays 0.
The bill, as amended, having received the requisite Constitutional majority, was passed.
By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 846. A bill to abolish the office of

1436

JouRNAL OF THE Sn<.-\TE,

County Treasurer in and for the County of Chatham; to prescribe additional duties for the County Commissioners and ex-Officio Judges of Chatham County, and for other purposes.
Senator Fetzer of the 1st District offered the following substitute:

A BILL

To be entitled an Act to abolish the office of County Treasurer in and for the County of Chatham; to prescribe additional duties for the County Commissioners and exOfficio Judges of Chatham County with reference to the performance of the duties heretofore imposed upon the Treasurer of said county; to make provisions for the handling and disbursement of all county funds; to provide for a County Depository, and foi" 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 office of County Treasurer of Chatham County, Georgia, be and the same is hereby abolished.
Sec. 2. Be it further enacted by the authority aforesaid, that all the duties of said office shall be assumed by the County Commissioners and ex-Officio Judges of Chatham County, Georgia.
Sec. 3. Be it further enacted by the authority aforesaid, that all county funds heretofore payable to the County Treasurer shall be paid to the County Commissioners and ex-Officio Judges of Chatham County, Georgia, and said Commissioners shall, as and when received, immediately deposit such funds in a bank to be selected by them as a County Depository. Said County Commissioners shall require a bond from S<}.id bank designated as a County Depository in such sum and with such security as said County

SATURDAY, MARCH 18, 1933.

1437

Commissioners or ex-Officio Judges may .deem fit and proper.
Sec. 4. Be it further enacted by the authority aforesaid, that all county funds of Chatham County, Georgia, except such as may be specially otherwise excepted by law, shall be disbursed by the said County Commissioners and exOfficio Judges of Chatham County, Georgia, and on their discretion they shall have power to employ a disbursing clerk with such authority as they may determine.
Sec. 5. Be it further enacted by the authority aforesaid, that the provisions of this Act shall become effective on, from and after May 10, 1933.
Sec. 6. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed.
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 32, nays 0.
The bill by substitute, having received the requisite Constitutional majority, was passed.
By Messrs. Lindsay, Turner and Hudgins of DeKalb-
House Bill No. 58 7. A bill to incorporate the City of Druid Hills, in the County of DeKalb, 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

1438

JouRNAL OF THE SENATE,

By Messrs. Hendrix and Smith of Dodge-
House Bill No. 818. A bill to consolidate the office and duties of Tax Receiver and Tax Collector in the County of Dodge; to create the office of 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 35, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Lott of Coffee-
House Bill No. 820. A bill to amend an Act to abolish the office of Tax Receiver and Tax Collector of Coffee County; to create the office of County Tax Commissioner of Coffee County, etc.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 35, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Arnall and Dyer of Coweta-
House Bill No. 834. A bill to amend the Charter of the City of Newnan, 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

SATURDAY, MARCH 18, 1933.

1439

By Mr. Johnson of Upson-
House Bill No. 844. A bill to amend an Act to consolidate and supercede the several Acts incorporating the City of Thomaston, Upson 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, nays 0.
The bill, having received the requisite Constitutional majority, was passed.
By Mr. Courson of Brantley-
House Bill No. 847. A bill to amend an Act providing for a Tax Commissioner of Brantley County, 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 29, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Messrs. Hartsfield, Eckford and Still of Fulton-
House Bill No. 854. A bill to amend an Act providing for the incorporation of the Town of College Park, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill the ayes were 28, nays 0.
The bill, having received the requisite Constitutional majority, was passed.

1440

JouRNAL OF THE SE::\'ATE,

The following report of the Committee on Rules was read and adopted:

Mr. President:
Your Committee on Rules establishes the following order of business for today's session, immediately following the period of Unanimous Consents, to-wit:

HOUSE BILLS
Mileage Resolution.
No. 251-Evans of McDuffie: Burial Insurance.
No 13 5-Simmons of Decatur: Salary Reduction.
No. 271-Franklin of Lowndes: Authorize cities to contribute to common fund for the employment of counsel at rate hearings.
No. 52-
No. 548-Pound of Hancock and Claxton of Johnson: Amending fire and casualty insurance regulations.
No. 194-Lanier of Richmond: Appoint Committee to revise Constitution by striking obsolete passages.
No. 96-Epting of Clarke: Requiring Public Service Commission to use utility tax values as basis in rate making.
No. 51-Franklin and Ashley of Lowndes: Classification amendment.
No. 120-H. R.-Park of Bibb, and others: Amending Constitution to provide that Judge from Court of Appeals sit on c;1se in which Supreme Court evenly divides.
No. 10 1-Eckford of Fulton: Amend Workman's Com-

SATURDAY, MARCH 18, 1933.

1441

pensation law as to make firemen and policemen employees.
No. 657-Calhoun of Wilkes: Highway changes in \tVilkes County.
No. 300-Chappell of Sumter: Making Jury Commissioners ineligible to succeed themselves.
No. 192-Mundy of Polk: Stay over resolution.
No. 828-Amend Bank Law.
No. 119-Amend Criminal Code.
No. 127-
Your committee makes the following recommendations: That the above Calendar be taken up in the order that the President deems most advisable.
That each proponent of a bill shall be limited to ten minutes; one selected opponent shall be limited to twenty minutes except where there is a minority report, in which case the opponents shall have the same time as the proponent. Any Senator desiring to debate any question shall be limited to five minutes' time for debate.
Respectfully submitted,
GEO. w. FETZER,
Vice-Chairman. 'VM. M. LESTER,
Secretary.
The following privileged resolutions were read and adopted:
By Senator Groover of the 49th District-
A resolution extending the privileges of the floor to the
Honorable R. J. Kennedy, County Commissioner of Bul-
loch County.

1442

JOURNAL OF THE SENATE,

By Senator Paschall of the 43rd District-
A resolution extending the privileges of the floor to Mrs. W. E. Mann, of Dalton, Georgia, one of the officials of the Georgia Chapter of the D. A. R.

By Senator Campbell of the 34th District, Senator Lewis of the 20th District-
Whereas, this Senate is now about to come to a close and the members of this body have been afforded the privilege and the honor of serving with the first elected woman State Senator;
Therefore be it resolved, That it is the sense of this body that we endorse the wisdom of the voters of Tift County in sending to this Senate the Honorable Susie T. Moore to represent the 47th Senatorial District.
Further, That this resolution be adopted by a rising and standing vote.
The resolution was adopted by a rising and unanimous vote.
The following resolution of the House was read the third time and put upon its passage:

By Mr. Lindsay of DeKalb-
House Resolution No. 53. A resolution authorizing the
payment of mileage to members of the General Assembly for the regular session.
Senator Terrell of the 37th District moved that further action on the resolution be postponed and the motion was lost.
Senator Howard of the 24th District offered the following amendment:
By adding at the end of the resolution the following,

SATURDAY, MARCH 18, 1933.

1443

to-wit: "Provided, that this payment of mileage shall only apply to the members who actually made the trip to their homes and returned in time to meet the second session."

The amendment was lost.

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:

Alston Andrews
Cail Colson Conner Dean Dorminy
Fetzer

Fudge Howard of the 2nd Key
Knox Lester Mallett Moore Morris of the 5th Nelson

Oliver Rivers Robertson
Sisk Sparks
Tate Turner Tuten Weaver

Those voting in the negative were Senators:

Baggett Boyd Boy kin Campbell Carithers Cason

Cloud Culpepper
Goldin Groover Haralson Hogg

Howard of the 24th Lewis Lovett Morris of the 39th Paschall Pottle Terrell

The ayes were 26, nays 19. The roll call was verified, and the resolution, having received the requisite Constitutional majority, was adopted.

The members of the Senate not voting were as follows: Senators Edmondson of the 42nd, Hubbard of the 31st, Hutcheson of the 44th, Jackson of the 21st, Sims of the 35th Districts.

The following resolution of the Senate was read and adopted:

1444

JOFRNAL OF THE SENATE,

By Senators Pottle of the 1Oth, Mc\Vhorter of the 50th, Boykin of the 29th, Cloud of the 19th Districts-
Senate Resolution No. 114, to-wit:

A RESOLUTION.

Whereas, the Senate has just learned of the death of the father of the Senator from the 20th District, Hon. Robert H. Lewis of Sparta, Georgia, for many years a distinguished Solicitor-General of the Northern Judicial Circuit and Judge of the City Court of Sparta; and
!Fhereas, Judge Lewis passed away at the advanced age of 80 years after a lingering illness, leaving behind a distinguished record of achievement of which any Georgian might be proud; now
Therefore be it resoh:ed by the Senate as follows:
1. Resolved that the Senate expresses its profound sympathy with our colleague from the 20th District and his family.
2. Resolved further that in as much as this is the last day of the session, when important matters .are pressing for consideration and in as .much as funeral arrangements cannot be made until after the close of the session, the Senate hopes that if compatible with the high sense of public duty, which has always actuated the official conduct of the Senator from the 20th, he will continue to give the Senate and the people of Georgia the benefit of his experience and wise counsel until the session is ended.
3. Resolved further that a certified copy of this resolution be furnished the Senator from the 20th for the use of his family.
By unanimous consent the Senate went into executive session at 11 :06 o'clock A. M.

SATURDAY, MARCH 18, 1933.

1445

The Secretary transmitted to His Excellency the Governor the following communication:

SENATE CHAMBER

Atlanta

March 18, 1933.

His E."(cellency Eugene Talmadge, Governor, Executive Department, Atlanta, Georgia.

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. J. J. E. Anderson of the County of Bu!loch,

Hon. B. S. Miller of the County of MuscogJ::e,

Hon. B. D. Murphy of the County of Fayette,

Hon. D. M. Parker of the County of Ware,

to be Assistant Attorney-Generals for terms beginning January 1, 1933, and continuing during the pleasure of the Governor and Attorney-General.

Hon. Tom Wisdom of the County of Harris to be State Auditor for the term of four y~ars beginning July 19, 1933, and expiring July 19, 1937.

Hon. S. H. Morgan of the First Co_ngressional District,

Hon. Sandy Beaver of the Ninth Congressional District to be members of the Board of Regenfs for full terms of six years beginning July 1, 1933.

Hon. Marion Smith, State at Large, to serve at the pleasure of the Governor as a member of the Board of Regents.
Hon. W. L. McElmurray of the First Congressional District,

1446

JoURNAL OF THE SENATE,

Hon. R. B. Gilbert of the Fourth Congressional District
to be members of the Board of Control for full term of six years beginning July 1, 1933.
Hon. E. E. Lindsey, State at Large, to serve at the pleasure of the Governor as a member of the Board of Control.
A. L. Henson of the County of Fulton to be Director of the Veterans' Service Office, effective as of this date.
Hon. E. R. Hines of the County of Baldwin to be Judge of the County Court for a term beginning September 3, 1933, expiring September 3, 1937.
Hon. A. C. Elliott of the County of Henry to be Judge of the County Court for a term ending October 28, 1936.
Hon. Tom Miller of the County of Lanier to be Judge of the County Court for a term beginning August 15, 1933, expiring August 15, 1937.
Hon. C. Bradford of the County of Lanier to be Solicitor of the County Court for a term beginning August 15, 1933, expiring August 15, 1935.
Hon. A. S. McQueen of the County of Charlton to be Judge of the County Court for a term beginning March 16, 1933, expiring March 16, 1937.
Hon. J. D. Braswell of the County of Charlton to be Solicitor of the County Court for a term beginning March 16, 1933, expiring March 16, 1935.
Hon. Ben M. Turnipseed of the County of Clay to be Judge of the City Court of Fort Gaines for a term beginning August 27, 1933, and expiring August 27, 1935.
Hon. Zach Arnold for a term beginning August 27, 1933, expiring August 27, 1935, as Solicitor of the City Court of Fort Gaines.
Miss Nina Cox of the County of Turner,

SATURDAY, MARCH 18, 1933.

1447

Mrs. Julius Y. Talmadge of the County of Clarke, to be members of the State Board of Education for terms beginning September 5, 1933, and expiring September 5, 1937.
Respectfully,
JoHN T. BoiFEUILLET, Secretary of the Senate.
The Senate reconvened at 11 :35 o'clock and was called to order by the President.
The following privileged resolutions were read and adopted:

By Senator Terrell of the 37th District-
A resolution extending the privileges of the floor to Professor Geo. S. Johnson of LaGrange.

By Senator Hogg of the 13th District-
A resolution extending the privileges of the floor to Honorable R. C. Ellis.
Senate Bill No. 2, a bill by Senator Terrell of the 37th District, to establish the Franklin D. Roosevelt Highway, was taken up for the purpose of considering the following House amendments thereto:
By striking the last sentence in Section 1, and subs.tituting the following:
Beginning at the Harris City Junction on Highway No. 41, following said highway to Warm Springs and thence along Route No. 85 through Shilo, Waverly Hall to Columbus, thence to Cussseta on Route No. 1 thence to Richland,
Dawson and Albany on Route No. 55 and Route No. 50,
thence to Camilla, Pelham, Thomasville and to the GeorgiaFlorida State Line on Route No. 3.
The Senate agreed to the House amendment.

1448

JouRNAL oF THE SENATE,

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

By Mr. Evans of McDuffie-
Hause Bill No. 251. A bill to prohibit settlement of insurance policies by services or by merchandise, and for other purposes.
Senator Knox of the 3rd District offered an amendment, which was adopted.
Senator Key of the 28th District offered an Amendment, which was adopted.
Sena.tor Hutcheson of the 44th District offered an amendment, which was adopted.
On the passage of the bill as amended, the ayes were 16, nays 24.
The bill, having failed to receive the requisite Constitutional majority, was lost.
The following Bill of the House was read the third time and put upon its passage:

By Messrs. Simmons and Tillman of Brooks-
House Bill No. 840. A bill to consolidate the office of Tax Receiver and Tax Collector of Brooks County, and for other purposes.
The committee offered the following substitute:
A BILL
To be entitled an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Brooks County; to provide that such consolidation shall become effective January 1, 193 7; to provide the term of office of the officer performing the duties of said consolidated offices, to be known as Tax Commissioner, and the manner of his

SATURDAY, MARCH 18, 1933.

1449

election; to provide for filling any vacancy in said office; to prescribe the oath and bond to be given by said Tax Commissioner; to provide that the commissions and fees accruing to the Tax Receiver and Tax Collector of said county on account of county taxes shall be paid into the County Treasury; to fix the compensation of said Tax Commissioner; to provide for clerical assistance for said Tax Commissioner; and for other purposes.

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
Section 1. That in accordance with and by authority of an amendment to the Constitution of the State of Georgia, approved August 18th, 1924, and ratified at the General Assembly of 1924, the offices and duties of the Tax Receiver and Tax Collector of Brooks County, Georgia, shall, on and after the first day of January, 1937, be and remain consolidated, and the officer performing the duties of said two offices shall be known and designated as Brooks County Tax Commissioner.
Sec. 2. Said Tax Commissioner shall hold office for a term of two years and shall be first elected at the general election in November, 1936, for a term of four years, beginning January 1, 1937.
Sec. 3. Said Tax Commissioner shall be commissioned and qualified as the clerks of the Superior Court are.
Sec. 4. If a vacancy, for any reason, occurs in said office of Tax Commissioner, it shall be filled in the following manner: (a) If said vacancy occurs within six months of the expiration of the existing term, the Board of Commissioners of Roads and Revenues of Brooks County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office for the remainder of said term, and the person so appointed shall be commissioned and qualified as clerks of the Superior Court, and shall receive

1450

JoURNAL OF THE SENATE,

the pro rata part of the compensation accruing to said office for the time so appointed. (b) If said vacancy occurs more than six months prior to the expiration of the existing term, the Board of Commissioners of Roads and Revenues of Brooks County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office until a Tax Commissioner is elected, and it shall be the duty of the Ordinary of Brooks County, Georgia, to call a special election for the election of a Tax Commissioner to serve the remainder of said term, which election shall be ordered not sooner than twenty ( 20) days and not later than forty (40) days after said vacancy occurs, and the Ordinary shall give notice of the date of said election by publication thereof in a public gazette published in BrookS County, Georgia, ten days before said election. The person elected on said day shall perform the duties of said consolidated office for the unexpired term of his predecessor. The return of said election shall be made to the Governor, who shall commission the person so elected. The person so temporarily appointed and the person so elected shall each receive his pro rata compensation accruing to said office for the time he serves.
Sec. 5. Should any two or more candidates at an election
to fill such vacancy, or at any regular election, have the highest and an equal number of votes, said Ordinary shall call and advertise another election within twenty ( 20) days, in the manner above provided, and so do until a choice is made.
Sec. 6. Said Tax Commissioner, whether elected or appointed before entering on the duties of his office, beside the oath required of all civil officers, shall take and subscribe the following oath: "I swear that I will truly and faithfully perform the duties of County Tax Commissioner of Brooks County, Georgia, that is to say, all duties heretofore required and prescribed for Tax Receiver and Tax Collector, and such other duties as might be required by

SATURDAY, MARCH 18, 1933.

1451

law; that I will not receive any return but on oath or affirmation; that I will search out and make a true return of all defaulters, polls, professions, and all taxable property not returned; that I will account for and pay over all taxes collected by me, as required by law; and will, to the best of my ability, carry out all of the requirements made upon me by law; so help me God."
And said Tax Commissioner shall also, at the same time, give bonds and security as follows: (a) Bonds and security are payable to His Excellency the Governor, and his successors in office, in a sum equal to one-half of the State tax estimated to be due for Brooks County for the year for which said officer is required to give bond, the amount of said bond to be filled up by the Comptroller-General before being sent out to the County from the Executive Office, and to be conditioned as bonds for Tax Receivers for State taxes are now conditioned. (b) Bond and surety, payable to the Board of Commissioners of Roads and Revenues of Brooks County, Georgia, conditioned for the faithful performance of his duties as such Tax Commissioner, in the sum to be fixed by the Board of Commissioners, which said bond must be filed with and approved by said Board of Commissioners, and recorded on the records of said Board. The security on both of said bonds shall be a reliable bonding company. If said Tax Commissioner, whether elected or appointed, shall fail or neglect to give and file said bonds, as above required, within ten days from the time of beginning the discharge of the duties of his office, said Board of Commissioners of Roads and Revenues of Brooks County shall declare a vacancy in said office, which vacancy shall be filled in the manner above provided.
Sec. 7. Said Tax Commissioner, whether elected or appointed, shall be vested with the powers and shall perform each, every, and all of the duties now required by law of both the Tax Receiver and Tax Collector of Brooks County, Georgia, and in the manner prescribed by law; shall be

1452

JouRNAL OF THE SENATE,

subject to all the pains and penalties, and have all the rights and powers, and privileges of said two offices and officers.
Sec. 8. The commissions now fixed and allowed by law to the Tax Receiver and the Tax Collector of Brooks County for the return a.nd collection of county and school taxes, and for other services rendered in connection with the return and collection of county taxes shall, on and after January 1, 193 7, be paid into the County Treasury of said County, and same shall constitute a special fund for the purpose of paying the compensation of said Tax Commissioner. If any excess shall remain in said special fund after the payment of said compensation such excess shall become a part of the general funds of the county_.
Sec. 9. The said Tax Commissioner shall be paid a compensation of One Thousand Five Hundred Dollars ( $1,500.00) per annum, payable in equal monthly installments for all duties performed by him as receiver and callector of county and school taxes. Said compensation shall be paid by the county commissioners of said County out of the special fund provided for by the foregoing Section. In addition to said sum of One Thousand Five Hundred Dollars ($1,500.00) per annum the said Tax Commissioner shall also receive all commissions and fees paid by the State for receiving State taxes and for the return thereof, and for making up the State digest, and all fees and commissions paid by the State for the collection of State ad valorem taxes and special license and occupation taxes, which said fees and commissions shall be paid directly to said Tax Commissioner by the State, as same are now paid to Tax Receivers and Tax Commissioners.
Sec. 10. The provisions of this Act shall not become effective until the same shall have been submitted to and approved by a majority of the qualified voters of Brooks County, Georgia, voting thereon at an election to be held for that purpose. Said election shall be held at the same

SATURDAY, MARCH 18, 1933.

1453

time and in connection with the general election to be held on Tuesday after the first Monday in November, 1934, and by the managers holding said general election. The Ordinary shall have printed on the ballot used in said general election the following:
1. "For creating the office of Tax Commissioner."
2. "Against creating the office of Tax Commissioner."
Those favoring abolishing the offices of Tax Receiver and Tax Collector and creating the office of Tax Commissioner shall vote, "For creating the office of Tax Commissioner," and those opposed to abolishing the office of Tax Receiver and Tax Collector and creating the office of Tax Commissioner, shall vote, "Against creating the office of Tax Commissioner."
Should a majority of the qualified voters of Brooks County, Georgia, participating in said election vote, "For creating the office of Tax Commissioner," then this Act shall be of full force and effect, and the offices of Tax Receiver and Tax Collector be abolished as of January 1, 1937, and the office of Tax Commissioner of Brooks County, Georgia, be established as of that date; and the Ordinary shall so declare and publish. If a majority of the qualified voters of Brooks County, Georgia, participating in said election shall not vote, "For creating the office of Tax Commissioner," then this Act shall not become effective, and the office o.f Tax Receiver and Tax Collector of Brooks County shall not be abolished, and the office of Tax Commissioner of Brooks County shall not be established; and the Ordinary shall so declare and publish.
Sec. 11. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

1454

JouRNAL OF THE SENATE,

On the passage of the bill by substitute the ayes were 45, nays 0.
The bill 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 Mr. Hartsfield of Fulton-
House Bill No. 119. A bill relative to elections, to amend Section 657-676 of the Criminal Code.
Senator Sims of the 35th District offered the following amendment which was adopted:

By Senator Sims of the 35th District-
Amend House Bill No. 119 by adding the following:
Section 17. Any political party or organization which may nominate candidates for political office by primary elections shall institute an executive committee of the party or organization consisting of one member from each ward elected by a majority of the qualified voters of such party or organization residing in that ward and voting in the election. Such member of the executive committee shall have been a resident of the ward from which he or she is elected at least two years prior to the date of the election and they shall serve for terms of two years, p.rovided that existing political parties or organizations shall elect such executive committee at their regular primaries during the year 1933 as provided in this Act.
Section 18. All primary elections held by any political party or organization shall be held not earlier than September 1st, and not later than October 31st, of any year. Further amends said bill by providing present Sections 17, 18 and 19 shall be designated as Sections 19, 20 and 21, respectively.

SATURDAY, MARCH 18, 1933.

1455

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.
The bill as amended, having received the requisite Constitutional majority, was passed.
By unanimous consent House Bill No. 419 was withdrawn from the consideration of the Senate.
The hour of adjournment having arrived, the President announced that the Senate stood adjourned until 2 :00 o'clock this afternoon.

AFTERNOON SESSION
The Senate met at 2 :00 o'clock this afternoon, and was called to order by the President.
The roll call was dispensed with.
The following Resolution of the House was read the first time:
By Messrs. Lindsay of DeKalb and Park of Bibb-
House Resolution No. 60-292a. A resolution proposing an amendment to the Constitution relative to the sessions of the General Assembly and providing for salaries for the members in lieu of the per diem as now fixed, and for other purposes.
Senate Bill No. 29, a bill by Senator Cail of the 17th District, to provide for suspension of sentence, was taken up for the purpose of considering the following House amendment thereto :
By adding a new Section to be known as Section 2a, as follows:
"Provided, however, that nothing herein contained m

1456

JoURNAL OF THE SENATE,

Sections 1 and 2 of this Act shall apply to cases ansmg under any action for abandonment or bastardy." That the caption be amended accordingly.
The Senate agreed to the House amendment.
Senate Bill No. 23 5, a bill by Senator Hutcheson of the 44th District, to create the office of Commissioner of Roads and Revenue of the County of Walker, and for other purposes, was taken up for the purpose of considering the following House amendment :
By striking the word "ten" in line 9 of Section 4 and substituting in lieu thereof the word "twenty"; also, by striking the words "the same" in line 6 of Section 6 and substituting in lieu thereof the words "two dollars"; also, by striking the word "be" in the second line of Section 9, and substituting in lieu thereof the words "not exceed"; also, by striking the words "at the rate of $250.00 at the end of each calendar month," and substituting in lieu thereof the words "monthly out of the County Depository or Treasury," in line 3 of Section 9.
The Senate agreed to the amendment.
Senate Resolution No. 30, a resolution by Senator Moore of the 47th District, authorizing and instructing the Highway Department to pave a certain stretch of road to and through the Georgia Coastal Plain Experiment Station and the Georgia State College for Men, was taken up for the purpose of considering the following House amendment:
Whereas, South Georgia State College is an institution of the State, located at Douglas, in Coffee County, Georgia, and
Whereas, said institution is situated within a few hundred yards of the State Highway No. 31, and
Whereas, it is desirable that said institution be located upon a paved State Highway,

SATURDAY, MARCH 18, 1933.

1457

Therefore be it resolved by the General Assembly of Georgia, that the State Highway Department of Georgia be and the same is hereby authorized, empowered and directed to proceed as early as practicable to pave the State Highway known as Route No. 31, from the intersection of said Route No. 31 with the right-of-way of the Atlanta, Birmingham and Coast Railroad Company, in the City of Douglas, Coffee County, Georgia, to the intersection of said Route No. 31, with the public road leading from Douglas, Georgia, to Willacoochee, Georgia. The said State Highway Department is further authorized, empowered and directed to pave said Douglas and Willacoochee public road from its intersection with said Route No. 31, in a westerly direction to the westernmost entrance of the circular driveway leading from said Douglas and Willacoochee public road to the front of the main buildings of said South Georgia State College and along said circular driveway to the end thereof; the total distance to be paved hereunder not to exceed one mile.
Be it further resolved that the portion of said Douglas and Willacoochee public road directed by this resolution to be paved and the said circular driveway of said South Georgia State College be and the same are hereby added to and made a part of the State Highway System of Public Roads.
The Senate agreed to the House amendment.

Senate Bill No. 213, a bill to regulate the issuing of tax fi. fas. in certain counties, was taken up for the purpose of considering the following House amendment:

By adding at the end of Section 4 the following: "When such tax fi. fa. is held by a transferee the same right to redeem shall exist in favor of the owner or other person at interest, and under the same provisions as to a release, as provided in this Act in all other instances."

1458

JoURNAL OF THE SENATE,

The Senate agreed to the House amendment. Senator Sims of the 35th District asked unanimous consent that House Bills No. 790 and 381 be tabled, and the consent was granted.
House Resolution No. 51-257a, a resolution by Mr. Vaughn of Rockdale, to furnish certain law books to the Commissioners of Rockdale County, was taken up for the purpose of considering the disagreement of the House to the Senate amendment of March 14th.
The Senate receded from its amendment.
Mr. Cason of the 22nd District, Chairman of the Committee on Finance, submitted the following report:

Mr. President:
Your Committee on Finance have had under consideration the following Bill of the House and have instructed me, as Chairman, to report the same back to the Senate with the recommendation that:
House Bill No. 132. Do pass.
CASON, Chairman.

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 Mr. Black of Forsyth-
House Bill No. 566. A bill to be entitled an Act to
amend an Act to provide for holding three terms a year of the Superior Court in Forsyth County, and for other purposes.

SATURDAY, MARCH 18, 1933.

1459

By Messrs. Simms and Tillman of Brooks-
House Bill No. 840. A bill to be entitled an Act to consolidate the offices and duties of Tax Receiver and Tax Collector of Brooks County, Georgia, and for other purposes.

By Messrs. Myrick, Alexander and Kennedy of Chatham-
House Bill No. 846. A bill to be entitled an Act to abolish the office of County Treasurer in and for the County of Chatham, and for other purposes.

By Messrs. Scott and Robison of Thomas-
House Bill No. 813. A bill to be entitled an Act under which the County Commissioners or other officer having charge of fiscal affairs in counties having a certain population shall be required to abolish the fee system for compensation, and for other purposes.

By Mr. Hartsfield of Fulton-
House Bill No. 119. A bill to be entitled an Act to supplement Article 43 of the Criminal Code of Georgia 1<) 10, Sections 657 to 676 relating to suffrage, and for other purposes.

By Mr. Palmour of Dawson-
House Bill No. 827. A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for the County of Dawson, and for other purposes.
The following message was received from the House through Mr. Kingery, the <;:lerk thereof: Mr. President:

By Mr. Dickey of GordonHouse Bill No. 806. A bill to be entitled an Act to

1460

JouRNAL oF THE SENATE,

amend an Act creating a new charter for the City of Calhoun, in the County of Gordon, 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 of the Senate, to-wit:

By Senator Howard of the 2nd-
Senate Bill No. 180. A bill to be entitled an Act to authorize counties of this State having a certain population to acquire, own, hold and administer certain lands for the purpose of creating public parks; and for other purposes.

By Senator Haralson of the 40th-
Senate Bill No. 261. A bill to amend the Motor Carrier Act of 1931, approved March 31, 1931 ; and for other purposes.

By Senator Fetzer of the 1st-
Senate Bill No. 278. A bill 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 the taxes assessed against such property, 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 of the Senate, to-wit:

SATURDAY, MARCH 18, 1933.

1461

By Senator Lewis of the 20th District-
Senate Bill No. 204. A bill to amend Section 97 6 of the Penal Code of 1910 relating to pleas of insanity in criminal cases and commitments of defendants in criminal cases found to be insane to the State Sanatorium, and for other purposes.

By Senators Turner of the 7th District, and Nelson of the 6th District-
Senate Bill No. 264. A bill to amend the Act of August 20, 1929, known as the Highway Mileage Act which amended the Highway Act of 1919 as amended by the Highway Act of August 10, 1921, as amended by the Highway Act of August 21, 1925, all of which Act provided for the reorganization of the Highway Department of this State, and for other purposes.

Senate Bill No. 118, a bill by Senator Rivers of the 15th District and Senator Howard of the 2nd District, to amend the Acts designating the highway mileage by adding additional mileage from Lyons to Glenville, was taken up for the purpose of considering House amendments thereto, to-wit:
An amendment by Mr. Jordan of Schley. The Senate disagreed to this amendment.
An amendment by Mr. Clements of Wheeler. The Senate disagreed to this amendment.
An amendment by Mr. Weeks of Richmond. The Senate disagreed to this amendment.
An amendment by Messrs. Allen and Manning. The Senate disagreed to this amendment.
An amendment by Mr. 'illiams of Bacon. The Senate disagreed to this amendment.

1462

jOURNAL OF THE SENATE,

An amendment by Mr. Moore of Clayton. The Senate disagreed to this amendment.
An amendment by Messrs. Chappell and Stupes. The Senate disagreed to this amendment.
An amendment by Mr. Wilson of Macon. The Senate disagreed to this amendment.
An amendment by Messrs. Barker and Dorsett. The Senate disagreed to this amendment.
An amendment by Messrs. Moye and Miller. The Senate disagreed to this amendment.
An amendment by Mr. Daughtry of Wilkinson. The Senate disagreed to this amendment.
An amendment by Mr. Simmons of Decatur. The Senate disagreed to this amendment.
An amendment by Mr. Littleton of Charlton. The Senate disagreed to this amendment.
An amendment by Messrs. Spivey and Rountree of Emanuel. The Senate disagreed to this amendment.
An amendment by Mr. Strickland of Douglas. The Senate disagreed to this amendment.
An amendment by Mr. Duncan of Houston. The Senate disagreed to this amendment.
An amendment by Mr. Moore of Clayton. The Senate disagreed to this amendment.
An amendment by Mr. Stokes of Twiggs. The Senate disagreed to this amendment.
An amendment by Mr. Westbrook of Dougherty. The Senate disagreed to this amendment.
An amendment by Mr. McLeod of Baker. The Senate disagreed to this amendment.

SATURDAY, MARCH 18, 1933.

1463

An amendment by Messrs. Chappell and Brunson of Laurens and Hendrix and Smith of Dodge. The Senate disagreed to this amendment.
An amendment by Mr. Johnson of Montgomery, as follows:
"By adding to State Aid Mileage a road approximately 60 miles long running southeast from Vidalia to Toombs County through Alston, Walda and Hazlehurst to Douglas in Coffee County."
The Senate disagreed to this amendment.
An amendment by Messrs. Allen of Jackson and Burson of Barrow-
"By adding to Section 1 the road described as follows: Beginning at the residence of T. R. Potter on the paved highway between ':Vinder and Jefferson thence through Jackson County by way of Brazelton, Georgia, to Spruell's Bridge on the Mulberry River, thence through a portion of Barrow and Gwinnett Counties by way of Hog Mountain to the Camp Ground Filling Station on the paved highway between Buford and Lawrenceville."
The Senate disagr,eed to this amendment.
An amendment by Mr. Peters of Meriwether as follows:
"By adding a road extending from Manchester in Meriwether County, to Fayetteville in Fayette County, which said road is made a part of the State Aid System of Roads in Georgia. Said road shall extend from State Highway, or Route No. 42, in the City of Manchester, Meriwether County, to State Highway, or Route No. 54 in the City of Fayetteville in Fayette County, and shall be, and is hereby laid out, established and situated along a route through the City of Woodbury, in Meriwether County, the City or Town of Gay, in Meriwether County, and the City of Senoia, in Coweta County."

1464

JOURNAL OF THE SENATE,

The Senate disagreed to this amendment.
An amendment by Messrs. Palmer of Hall, Black of Forsyth, Barrett of White and Jones of Lumpkin, as follows:
"By adding to Section 1, thereof: A road approximately 22 miles in length beginning at the City of Gainesville, Hall County, and running by way of Brown's Bridge to the City of Cumming, Forsyth County; also by adding thereto a stretch of road approximately 12 miles in length beginning at Cleveland, Georgia, White County, and running westward until it strikes State Highway No. 43 near Jenkins' store or Chapman's place in Lumpkin County. Also by adding to Section 2 thereof: also said road from the City of Gainesville, Hall County, to the City of Cumming, Forsyth County; also said road from Cleveland, White County, westward to Route No. 43, to Dahlonega, Lumpkin County; also Section 3 thereof: by striking from line 2 of said Section the word 'road' and inserting in lieu thereof the word 'roads.' "
The Senate disagreed to this amendmeRt.

An amendment by Messrs. Davis and Hand of Mitchell, as follows:
"By amending caption of said bill to include 'and additional State Aid Road Mileage in and for the County of Mitchell' and by adding to Section 2 thereof the following State Aid roads in and for the County of Mitchell, to-wit: 1. Road from Sale City via Turner School House to Pelham. 2. Public road from Pelham to Hopeful, connecting with Camilla and Bainbridge public road. 3. Road leading east from Pelham to Lost Creek connecting with the Moultrie and Meigs Highway. 4. Road known as the Hawthorn Trail leading from Camilla to Cairo.
The Senate disagreed to this amendment.

SATURDAY, MARCH 18, 1933.

1465

An amendment by Mr. Myrick of Chatham, as follows:
"To amend the Neal Traylor Act and extend line 38 from Clyde to Savannah following approximately the following route, on the reverse basis from Savannah to Clyde: Proceed out of Savannah on Gwinnett Street and to the city limits taking direct southwardly course to Fort Argyle on the Ogeechee River, the road to be located crossing the Ogeechee River at the most advantageous point to be determined by the highway engineers. The crossing of the Ogeechee River at Fort Argyle can easily be made on account of the narrowness of the river at that point. Proceeding south after the road crosses the little Ogeechee I would suggest an off-shoot to be constructed in a southeast direction connecting with the coastal highway at approximately the thirteen mile post, after the highway crosses the big Ogeechee the line would be built direct into Clyde, or could tap No. 30 just east of Clyde, using the latter number into Clyde proper. Of course this could be determined by the engineers. I would suggest also a branch line leaving No. 30 at approximately the half way point between Clyde and Pembroke following a direct route to Morgan's Bridge and over the Pine Barren Road tapping No. 26 approximately at the eight mile post into our city.
The Senate disagreed to this amendment.

An amendment by Mr. Calhoun of 'Vilkes, as follows:
"By adding to State Road Map the public road from Washington in Wilkes County to the line of Taliaferro County on Greensboro Road a distance of 12 miles.
The Senate disagreed to this amendment.

Senate Bill No. 163, a bill by Senator Sims of the 35th District, to aid in relieving unemployment, was taken up for the purpose of considering the House amendments, as follows, to-wit:

1466

JOURNAL OF THE SENATE,

An amendment by Mr. DeFore of Bibb-
"Amend Senate Bill No. 163, by adding the words 'bylaw' after the word 'supplemented' in line 12 of Section 1, and further by adding at the end of Section 1 the following: Provided further that the provisions of this Act shall not apply to the salaries or compensation paid by political subdivisions of this State to State officers or employees."
The Senate agreed to this amendment.
An amendment by the House Committee:
"Amend Section 1, Paragraph 1 of Senate Bill No. 163 by adding 'Superintendents of Schools of Municipalities' so that said Section 1 when amended shall read as follows: Provided that this Act shall not apply to the State Superintendent of Schools, County Superintendent of Schools, and Superintendent of Schools of Municipalities."
The Senate agreed to this amendment.
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 Senate Bill No. 118, known .as Highway Mileage Bill, the following members of the House, to-wit:

Messrs. Peters of Meriwether, Burson of Barrow, and Johnson of Montgomery.
Senate Bill No. 249, a bill by Senator Turner of the 7th District, to amend an Act to establish the City Court of Quitman, was taken up for the purpose of considering the following House amendment, to-wit: An amendment by Mr. Simms of Brooks.

SATuRDAY, MARCH 18, 1933.

1467

The Senate disagreed to the House amendment.
Senate Bill No. 151, a bill by Senator Dean of the 11th District, to authorize the State to furnish to the farmers of the State what is known as "Hog Serum," was taken up for the purpose of considering the following House amendments thereto :

By Mr. Lindsay of DeKalb-
"By changing the words 'State College of Agriculture' and inserting the name 'State Veterinarian.' "
The Senate agreed to this amendment.

By Mr. Stanton of 'Vare-
"Amend Section 1 by adding at the end of Section 1 the following words, 'to be purchased and distributed by the county agents or demonstrators, or in counties not having county agents or demonstrators it shall be the duty of the County Commissioners, Ordinary or county authorities or Board of Trade in the counties of this State.' And amend Section 3 by striking the word 'State' in line 4 and inserting the words 'County Agents or Demonstrators, or County Commissioners, Ordinary, county authorities or Board of Trade.' "
The Senate agreed to this amendment.
Senate Bill No. 190, a bill to require county officers to file quarterly statements of fees in the office of Clerk of the Superior Courts was taken up for the purpose of considering the following House amendment thereto:
By Messrs. Parker and Sutton of Colquitt and others-
"Amend by adding a new Section to be appropriately numbered and to read as follows: Any person or officer convicted of violating any of the provisions of this Act shall

1468

JOURNAL OF THE SENATE,

be punished as for a misdemeanor upon conviction therefor and punished as now provided by law in misdemeanor cases."
The Senate agreed to this amendment.
The following privileged resolution was read and adopted:

By Senator Morris of the 5th District-
A resolution extending the privileges of the floor to the Hon. John H. Mitchell and Hon. John Quarterman of Waycross.
The following Resolution of the House was read the third time and put upon its passage:

By Mr. Lanier of Richmond-
House Resolution No. 194. A resolution providing for the appointment of a commission to recommend changes in the Constitution.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the passage of the resolution the ayes were 31, 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:

By Mr. Calhoun of Wilkes-
House Bill No. 657. A bill to amend the Highway Act relative to mileage in Wilkes County.
The President left the chair, and Senator Sims of the 35th District presided.



SATURDAY, MARCH 18, 1933.

1469

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite Constitutional majority, was passed.
The President resumed the chair.
Senate Bill No. 13 7, a bill to further provide for the qualification of Judges and Jurors in the trial of civil cases, by Senator Dorminy of the 45th District, was taken up for the purpose of considering the following House amendments thereto :

By Messrs. Rawlins of Telfair and Franklin of Lowndes-
"Amend Section 1 of Senate Bill No. 137 by adding to Section 1 the following: 'Provided that this Act shall only apply to cases based on unconditional contracts in writing and all open accounts.' "
The Senate disagreed to this amendment.
By the House Committee-
"Amend caption as follows: 'To be entitled an Act to further provide for the qualification of Judges and Jurors in the trial of civil cases and that any Judges or Jurors of the Courts of the State shall, irrespective of their relationship to a party in the case or their interest in the cause, be qualified to try any civil cases in any of their respective courts wherein there is no defense filed in the case; and for other purposes.' "
The Senate agreed to this amendment.
The President appointed as a committee on the part of the Senate under House Resolution No. 194, Senators Lester of the 18th District, Cloud of the 19th District and Colson of the 4th District.

1470

JOURNAL OF THE SENATE,

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

Mr. President:
The House receded from Amendment No. 1 and substitutes therefor another amendment to the following Bill of the Senate, to-wit:

By Mr. Dorminy of the 45th District-
Senate Bill No. 13 7. A bill to further provide for the qualification of Judges and Jurors in the trial of civil cases, and for other purposes.
The following Bills of the House were read the third time and put upon their passage:

By Messrs. Peters of Meriwether and Harris of Richmond-
House Bill No. 828. A bill to amend the Banking 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 32 nays 0.
The bill, having received the requisite Constitutional majority, was passed.

By Mr. Simmons of Decatur-
House Bill No. 135. A bill to reduce the salaries of all officers of the State where fixed by law.
Senator Haralson of the 40th District and Senator Key of the 28th District and Senator Paschall of the 43rd District moved to amend House Bill No. 13 5 by striking the following words in Section 14 of said Act: "This reduction is to apply to and affect all assistants, secretaries, clerks,

SATURDAY, MARCH 18, 1933.

1471

examiners or other officials or employees except those officials whose salaries are fixed in said Act of August 28, 1931, hereby amended, and which are not specifically changed by the provisions hereof and not to affect those ofcials whose compensation is fixed by the Constitution." And, insert in lieu thereof the following, to-wit:
"This reduction is to apply to and affect all assistants, secretaries, clerks, examiners or other officials or employees except those officials whose salaries are fixed in said Act of August 28, 1931, hereby amended, and which are not to affect those elective officials receiving a salary of $3,500.00 or less, or whose compensation is fixed by the Constitution."
Senator Mallett of the 26th District and Senator Rivers of the 15th District moved to amend House Bill No. 135 by striking the figures "1932" wherever the same may appear in Section 14 thereof and inserting in lieu thereof the figures "1931."
Senator Lovett of the 16th District and Senator Fudge of the 8th District moved to amend House Bill No. 135 as follows:
By adding a new Section to be known as Section 14a and reading as follows, to-wit: That a commission is hereby created consisting of the Governor and one member from the House of Representatives to be appointed by the Speaker and one member from the Senate to be appointed by the President of the Senate, with the Auditor and Comptroller, which commission shall have authority to regulate the salaries and compensation paid by the various departments of the State to the end that the same may be uniform throughout. Said commission shall be authorized to make adjustment of all salaries referred to in Section 14 of this Act but shall not be compelled to adopt the scale of reduction set out therein.
Senator Hubbard of the 31st District, moved to amend

1472

' ]OGRNAL OF THE SENATE,

House Bill No. 135 by adding after end of the caption thereof, and as a part of the said caption, the following:
"To transfer the powers, duties and functions of the State Board of Entomology to the Board of Regents of the University System of Georgia," and by adding a new Section to be numbered Section 14 and by renumbering the remaining Sections accordingly, which said Section 14 shall be as follows :
"Said Act approved August 28, 1931, is hereby amended by adding after Section 76 thereof a new Section to be
numbered 76 0 and to read as follows: 'The powers, duties
and functions of the State Board of Entomology as provided for by Section 2120 of the Civil Code of 1910, and which were by Section 98 transferred to the State Entomologist, are hereby transferred to said Board of Regents of the University System of Georgia effective as of January 1, 1934. The present incumbent shall be State Entomologist for the full term as provided by Section 98 of said Act approved August 28, 1931, and thereafter said State Entomologist shall be selected by said Board of Regents. The said Board of Regents shall prescribe the powers and duties of said State Entomologist and shall fix his compensation from and after the effective date of said transfer. All appropriations for the Board of Entomology, or State Entomologist, effective after the transfer shall be for the said Board of Regents and shall be paid to them. That so much of said Section 98 of said Act approved August 28, 1931, as in conflict with this Section is hereby repealed.' "
Senators Pottle and Colson moved to- amend House Bill
No. 13 5 by inserting between the figures "$4,000.00" and
the word "so" in the third line of Section 6 of said bill the following words, to-wit:
"And by inserting'between the word 'Governor' and the word 'for' in the eleventh line of said Section 25 of Article 4 the words 'with the advice and consent of the Senate.'

SATURDAY, MARCH 18, 1933.

1473

And, by inserting between the word 'Governor' and the word 'for' in the thirteenth line of said Section 6 the words: 'with the advice and consent of the Senate.' "
Senators Pottle and Colson further moved to amend House Bill No. 135 by adding another Section to be known as Section 14b, and to read as follows: "Be it further enacted by the authority aforesaid, that Section 116 of said 'Act to simplify the operations of the executive branch of the State Government' approved August 8, 1931, be and the same is hereby repealed."
Senators Pottle and Colson further moved to amend said House Bill No. 135 by adding at the end of the caption thereof the following language: "and to repeal Section 116 of said Act and all conflicting laws."
The amendment of Senators Pottle and Colson was adopted.
The amendment of Senator Hubbard of the 31st District was adopted.
The amendment of Senators Lovett of the 16th District and Fudge of the 8th District was adopted.
The amendment of Senators Mallett of the 26th District and Rivers of the 15th District was adopted.
The amendment of Senators Haralson of the 40th District, Key of the 28th District and Paschall of the 43rd District 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, nays 1.
The bill as amended, having received the requisite Constitutional majority, was passed.

1474

JOURNAL OF THE SENATE,

By unanimous consent the bill was ordered immediately transmitted to the House.
House Resolution No. 86, a resolution recommending that the State Highway Department enter into contracts with the various counties for the construction of State Aid Roads, by Messrs. Lane of Jenkins and Pope of Toombs, was taken up for the purpose of considering the action of the House on the 14th instant on the Senate amendment.
The Senate receded from its amendment.
Senator Colson of the 4th District moved that the President appoint a fifth conference committee on the part of the Senate to confer with a like committee to be appointed by the Speaker of the House, on House Bill No. 182, known as the Tag Bill, and the motion prevailed. The President appointed, on the part of the Senate, the following Senators:
Colson of the 4th District, Cloud of the 19th District and Cason of the 22nd District.
The President announced that the Speaker of the House had just informed him of the congested state of legislation in the House and suggested that a joint committee be appointed by the presiding officer~ of each House to devise some procedure which would make possible final action on the General Appropriation Bill.

Senator Campbell of the 34th District moved that the President be empowered to act in his discretion. The motion prevailed and the President appointed as a committee on the part of the Senate, the following Senators:
Haralson of the 40th District, Campbell of the 34th
District, Pottle of the 1Oth District and Fetzer of the 1st
District.

SATURDAY, MARCH 18, 1933.

1475

The following Resolution of the Senate was read and adopted:
By Senator Cason of the 22nd District-
Senate Resolution No. 115. A resolution expressing the thanks of the Senate to the Macon Telegraph for delivering the paper to the members of the Senate during the Session.
Senator Culpepper of the 36th District moved that the Senate reconsider its action today in agreeing to the House amendment to Senate Bill No. 2. The motion was lost.
Senate Bill No. 234, a bill to amend the charter of Fitzgerald, by Senator Dorminy of the 45th District, was taken up for the purpose of considering the following House amendment thereto:

By Mr. Rawlins of Ben Hill-
"Amend Senate Bill No. 234 by adding after the word 'advertisements' in the thirteenth line of said Section 93 as amended and set forth by said Section 2 of said Senate Bill the following words: 'Provided that before designating any such official gazette of said City the Mayor and Council shall give at least ten ( 10) days' notice of their intention so to do, and shall designate as such official gazette the newspaper in said City of Fitzgerald offering to publish such ordinances, advertisements and notices at the lowest rate; if there be no newspaper in said City the Mayor and Council shall designate the newspaper having a general circulation which may offer to publish such ordinances. advertisements and notices at the lowest rate.' "

The Senate agreed to the House amendment.

1476

JouRNAL OF THE SENATE,

The following Resolution of the House was read and put upon its passage:

By Mr. Mundy of Polk-
House Resolution No. 192. A resolution providing for certain members and officers of the General Assembly to remain over after adjournment to bring up the unfinished business of the General Assembly.

Senator Hutcheson of the 44th District moved to amend House Resolution No. 192 as follows:

"By striking the words 'five days' wherever they appear and inserting in lieu thereof the words 'nine days.'
"By striking the word 'the' before the word 'members' in line two of the second paragraph and inserting in lieu thereof the word 'four,' and by inserting between the word 'committee' and the word 'and' in line three of the second paragraph the_ words 'to be designated by the Chairman thereof.'
"And by striking the word 'the' appearing between the word 'and' and the word 'members' in line eight of the second paragraph and inserting in lieu thereof the word 'four.' "

The amendment was adopted. The resolution as amended was adopted.

Senator Campbell of the 34th District moved that when the Senate adjourns this afternoon, it stand adjourned until 7 :30 o'clock tonight, and the motion prevailed.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

SATURDAY, MARCH 18, 1933.

1477

Mr. President:
The House has passed by the reqmstte Constitutional majority the following Bills of the House, to-wit:
The House recedes from its position on the House amendment to the following Senate Bill, to-wit:

By Senator Turner of the 7th District-
Senate Bill No. 249. A bill to be entitled an Act to amend an Act approved August 2, 1912, entitled an Act to establish the City Court of Quitman, and for other purposes.
The House has agreed to the Senate amendment except the amendment by Senators Pottle and Colson, to the following Bill of the House, to-wit:

By Mr. Simmons of Decatur-
House Bill No. 135. A bill to be entitled an Act to reduce salaries of all officials of the State of Georgia, and for other purposes.

The President announced that the Senate stood adjourned until half past seven o'clock tonight.

NIGHT SESSION

The Senate met at 7 :30 o'clock tonight and was called to order by the President.
The joint committee of the Senate and House, appointed under Senate Resolution No. 15, to investigate the letting of contracts for school books by the School Book Commission, submitted the following majority and minority reports, which were read and filed:

1478

JOURNAL OF THE SENATE,

MAJORITY REPORT
OF JOINT COMMITTEE OF SENATE AND HOUSE, APPOINTED
UNDER SENATE RESOLUTION No. 15, TO INVESTIGATE
AcTION OF ScHOOL BooK CoMMISSION IN' LETTING
ScHOOL BooK CoNTRACTS
To the General Assembly of Georgia:
Your joint committee, appointed pursuant to Senate Resolution No. 15, concurred in by the House of Representatives, directed to make a thorough and complete investigation of all the actions of the School Book Commission relating to the recent letting of contracts for school books, and to make written report of the findings of the committee to the present session of the General Assembly, beg leave to make the following report:
Immediately upon the appointment of the committee under the above mentioned resolution, the members met
and organized by electing Senator Andrew J. Tuten of the 46th District, as Chairman, Representative J. H. Tipton
of Worth County, as Vice-Chairman, and Representative W. R. Mixon of Irwin County, as Secretary, and proceeded to the work assigned to the committee under said resolution.
Several sessions have been had, the preliminary work of making investigation as to the charges made by said resolution with the view to getting information as to the names and addresses of the witnesses that it would be necessary to call and examine done, and a number of witnesses have been examined.
Under the circumstances attendant, the members of the committee having been duty bound to be in attendance upon the regular sessions of the two houses of which they are respectively members, and to give attention to important matters pending before the regular committees from time to time when the houses were not in session, though they

SATURDAY, MARCH 18, 1933.

1479

feel that they have been diligent and have done the best they could, find themselves obliged at this time to report that it appears to be impossible to complete this investigation and make final report of the facts and their findings at this session of the General Assembly. The investigation involves the actions of the Text Book Commission created by the Act known as the Stanton School Book Act, approved August 28, 1931 (Acts 1931, pages 136-145), the actions of the special committee of educators appointed by the Commission to aid in the selection of school books, and of many other persons connected with or participating in the service, covering a considerable period of time consumed in the selection of a complete list of school books for the use of the school systems of the State for the next five years and the letting of some twenty-six contracts with as many publishing houses, and it is evident will require the examination of a large number of witnesses in order to make the investigation thorough and complete. This session of the General Assembly has now reached its last week, there being no more legislative days before final adjournment is reached; and a large number of important bills are pending in which the members of this committee are especially interested, and in which they have put much individual work, the passage of which they believe to be of vital importance to the people of the State. Accordingly, though being fully sensible of the State-wide importance of this matter under investigation, finding it physically impossible to properly finish the work, must so report, and ask to be excused from further service.
After as careful an examination of the recent text-book adoption as our time would permit, we, your committee, beg to report that we have found many irregularities and in our opinion some violations of law, which no doubt were unpremeditated, yet nevertheless serious in their consequences.
We are not prepared to report that actual fraud or cor-

1480

JouRNAL oF THE SENATE,

ruption can be charged, although in some cases what seemed to be a disregard of the public's interest was extremely evident.
In the testimony submitted will be found evidence that the total for all the old books at the new prices at which they were offered amounts to less than the new books adopted, and that in some cases the books of the old adoption are of later copyright than the same books of the new adoption.
We find further that some of the books adopted recently are special editions, some of them abbreviated in order to reduce their size and thus reduce their price. We condemn the adoption of abbreviated or expurgated books for Georgia school children, who are entitled to complete and unabridged editions as originally planned by the authors.
According to the evidence of disinterested witnesses, and based upon the number of pupils in the various grades, the cost to make the complete change of books required under the new adoption would amount to more than a million dollars. This we regard as not only unnecessary but at this time when our people are staggering under the greatest depression of modern history, unable to pay their taxes, some losing their homes through foreclosure, many actually near starvation and dependent almost entirely upon charity, the contemplated change of books would be economically unsound and almost criminal.
In our judgment the contracts are illegal and should be recalled or cancelled by court action, for the following reasons:
1. No exchange prices were asked for and none bid although this requirement in the old law was not repealed by the new law. The result is that good books in the hands of the children are not exchangeable, and are therefore a total loss, although they cost perhaps two million dollars.

SATURDAY, MARCH 18, 1933.

1481

This appears to be not only a violation of the law but is thoroughly unsound business practice.
2. An important safeguard in the old law was a pro-
vision that not more than 50% of the books could be
changed at any adoption. This feature was not repealed by the new law, yet the Board changed 86% of the books
in numbers and perhaps 95% in value or volume.
3. The law requires that publishers bid their books and also the plates for their books. Many publishers declined to bid plates as required by law, yet many of them secured contracts.
4. The law requires the Board to adopt from the list of books recommended by the sub-committee, yet some books were adopted which were not recommended by the sub-committee.
5. The law requires in the second paragraph of Section 13, that the sub-committee shall not recommend more than three books on a subject, and that no two of these shall be by the same author or publisher. This was violated. Five series of books on one subject were recommended-three of them by one author and one publisher.
The committee does report further that the investigation has gone far enough to satisfy your committee that, under prevailing conditions, the Stanton School Book Act came at a bad time, and under present prospects its terms and effects, if carried out, would prove most drastic, if not direful, to a large number of the people of the State, who cannot afford the expense of a practically wholesale change of school books for the coming school year, and the committee accordingly recommends the repeal at this session of the Stanton School Book Act, thereby relieving the people of the ill effects 'of the enforcement of this Act, as nearly as is practicable at this time.
The repeal of this Act, in the opinion of the committee,

1482

JouRNAL OF THE SENATE,

would relieve the various boards, officials, teachers and others sought to be bound thereby of the drastic terms and effects of the Act, and would place them in position to continue the use of the old books now in possession of the children until they are worn out, and the various school units to work their way gradually into uniformity, making it compulsory when the people can better afford the expense. In this way the expense of providing school books can be materially lessened, and the possibility of many of the poorer children continuing in school greatly enhanced.
We recommend that the Attorney-General be instructed to take such action under the evidences submitted and under the law as may be necessary that will rescind the contracts with the different publishers made under the recent text book adoption, in case the publishers will not voluntarily surrender them; also that the State Superintendent of Schools be instructed to advise all schools to continue to use the books now in the hands of the children for the period of this depression and until such time as can be held a legal adoption.
In the meantime the State School Superintendent will have the opportunity to get informed as to the situation and develop and suggest plans for the future, and the next General Assembly, after two years intervening, can probably legislate on the subject with much better judgment, and we trust more favorable auspices, than can be done at this time.
Respectfully submitted,
ANDREW J. TuTEN,
Senator, Forty-Sixth District, Chairman of the Committee,
A.M. TURNER,
Representative, DeKalb County,

SATURDAY, MARCH 18, 1933.

1483

T. F. KELLEY,
Representative, Elbert County,
w. R. MIXON,
Representative, Irwin County,
J. H. TIPTON,
Representative, Worth County,
JoHN D. BLACK,
Representative, Forsyth County.

MINORITY REPORT
OF }OINT CoMMITTEE OF SENATE AND HousE, APPOINTED
UNDER SENATE RESOLUTION No. 15, TO INVESTIGATE
AcTION OF ScHoOL BooK CoMMISSION IN LETTING
ScHOOL BooK CoNTRACTs
To the General Assembly of Georgia:
We have carefully read the report rendered to your honorable body by a majority of the committee under Senate Resolution No. 15. We must dissent in the most vigorous manner from this majority report.
We accepted this commission from your body and we went as carefully into this investigation as time would permit. We received testimony from everyone who seemed to know anything about this subject. Among others, we heard from the entire State Board of Education, who constitute the School Book Commission, and we also took testimony from one member of the Sub-Commission. We heard nothing from any witness that would justify the conclusions reached and expressed in the majority report. We are of the opinion that the contracts let by the State School Book Commission were in accordance with the provisions of the Stanton School Book Act, approved August 28, 1931. From the testimony given by the witnesses there is absolutely not

1484

JouRNAL oF THE SENATE,

one particle of evidence that would indicate in the slighest degree any sort of irregularity, secrecy, or fraud on the part of anyone in the letting of these contracts. There is no question but that the Stanton Act made it mandatory that these contracts should be made and that the School Book Commission made them as nearly as they could in accordance with the provisions of the Act.
We want to take occasion to express our absolute confidence in the integrity and ability of the unequalled service of every member of the State School Book Commission and the Sub-Commission in the consummation of the work committed to their charge. We think we would be unworthy of the trust committed to us as members of this investigating committee if we did not say that the State School Book Commission could not have acted otherwise than they did in the makiu.g of these contracts. We wish to go further and say that we believe the State School Book Commission rendered a distinct service to the people and that they made contracts that indicate very clearly that they had no other motive than to serve the best interest of the children of the State. The prices bid, and at which books were adopted, were clearly lower than any prices that had been heretofore secured by the State of Georgia.
vVe feel it is extremely unfortunate that Legislatures should be put to the trouble and expense of investigations which, to say the least, from the testimony, could serve no public good. It is clearly evident that this whole text-book question has been magnified out of all proportion to its importance. The amount of money involved in furnishing school books for Georgia has been greatly exaggerated by careless statements. There have been surveys made both by authorities of the State of Georgia and the United States Commission of Education at Washington on the subject of the cost of school books. These surveys are available to anyone who wishes to secure facts. As late as 1931 the Georgia Education Association, at their own expense, had

SATURDAY, MARCH 18, 1933.

1485

a committee appointed from their body, consisting of six leading school men from this State. These men were Supt.
J. E. Purks, Cedartown, Chairman; Supt. Roland B. Dan-
iel, Columbus; Supt. E. B. Gresham, Burke County Schools;
Supt. Ralph Newton, Waycross; Dr. J. L. Beeson, member
of County Board of Education, Baldwin County, President
Georgia State College for Women; Supt. J. L. Yaden,
Moultrie, President of Georgia Education Association. For the full period of one year they made a thorough and careful detailed study of the whole question of the cost of school books to the State of Georgia. They secured from the State Department of Education a list of all book comJ'lanies who were then furnishing school books and had a sworn statement from those publishers as to the amount of sales made in the State of Georgia for all the elementary grades from one to seven. From page seven of this report, which is available, it is shown that the total amount of sales for the year 1929-1930, the first year of new contracts, was $667,341.69. This covers the entire State of Georgia, both State contract and regular books, including independent cities. The total sales of all elementary books for the same grades for the year 1928-1929, the last year of the previous adoption, by the same companies, to all schools in the State, were
$408,853.17. These figures are greatly at variance with the figures named in the report of the majority committee. The estimates of cost found in the majority report are largely guesses unsupported by any official data.
vVe cannot escape the conclusion that this investigation was inspired and precipitated by publishing houses who happened not to get contracts when the State School Book Commission let contracts. It is extremely unfortunate that loyal and deserving State officials, such as constitute the State School Book Commission and Sub-Commission, should be subjected to innuendos, criticisms, and insinuations such as are intimated in the majority report. Finally, we have reached the definite conclusion that the State School Book

1486

JouRNAL OF THE SENATE,

Commission rendered a distinct and worthwhile service to the State. We want to express our unlimited confidence in both the State School Book Commission and the Sub-Commission who rendered this worthwhile service.
Respectfully submitted,
\VM. H. KEY,
Of the 28th District.
J. T. CoLsoN,
Of the 4th District.
The Conference Committee on House Bill No. 403, the General Appropriation Bill, submitted the following report: which was read:
Mr. President:
Mr. Speaker:
Your Conference Committee on House Bill No. 403, known as the General Appropriation Bill, hereby submit the following report:

The Senate recedes from its position as to Section 1 of its

substitute as amended to House Bill No. 403. The commit-

tee strikes Section 1 of said substitute as amended and sub-

stitutes in lieu thereof the following:

FOR THE CALENDAR YEAR

1934

1935

( 1)

(Sec. 1) AGRICULTURE, DEPT. OF
( 1) For expenses of operation ____________________$ 15 6,000.00 $ 15 6,000.00
(2) For the expense of operation of the Division of the State

SATURDAY, MARCH 18, 1933.

1487

FOR THE CALENDAR YEAR

1934

1935

Veterinarian to be used in eradicating cattle tick, bovine tuberculosis, hog cholera and contagious disease among live stock; in meat market and slaughter house inspection; in eradicating cattle lice and B. W. D. in chickens ------------------$

50,000.00 $

50,000.00

Provided said appropriation only to be expended upon requisition drawn and signed by the State Veterinarian, and it shall be illegal to . expend any part of said sum otherwise.

(2)

(Sec. 2) AUDITS, DEPT. OF

( 1) The House agrees to the Senate substitute or amendment as to Section 2 of said bill --------------------------$

65,000.00 $

65,000.00

1488

JoURNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

( 3)

(Sec. 3) BANKING, DEPT. OF
( 1) For expenses of operation ______________________ 97% of the allocation fixed by law
( 4) )

(Sec. 4) COMPTROLLER-GENERAL
( 1) For expenses of operation the House and Senate recede from their position and fix expenses of operation ----------------$ 110,000.00 $ 110,000.00
Provided that from the above amount appropriated shall be expended the necessary amounts to carry out the entire duties of the Department with the exception of the expense incurred by the administration and collection of M o tor Carriers' Tax Act. Provided further, that the Comptroller-general is hereby authorized and directed to pay into

SATURDAY, MARCH 18, 1933.

1489

FOR THE CALENDAR YEAR

1934

1935

the general funds of the State Treasury
0 of 1% of the gas-
oline and kerosene taxes collected, to cover the cost of collection and the expense of the Oil Inspection Bureau, which expense is provided for by the above appropriation.
Provided f u r t h e r, that the Comptroller-general is hereby authorized and directed to pay into the general fund of the State Treasury the tax of 1/10 of 1% of premiums of Fire Insurance Companies doing business in this State for the purpose of maintaining a State Fire Inspection Department. Expense is provided for by the above appropriation.

1490

JOURNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

(5)

(Sec. 5) EDUCATION, DEPT OF
( 1 ) The House and Senate recede from their position as to this section and the committee strikes Item 3 and substitutes in lieu thereof as Item 3, the following: For grants for aid of the common schools and consolidated schools under the provisions of the BarrettRogers Act ------------$4,564,600.00
The House disagrees to all the other items of Sec-
tion 5 as set forth
in the Senate substitute; provided, that the State Board of Education is authorized to make provisions from this sum for the maintenance of the common school, the State Department of Education, Vocational Education and

$4,564,600.00

SATURDAY, MARCH 18, 1933.

1491

FOR THE CALENDAR YEAR

1934

1935

Vocational Rehabilitation, and the payment of County Superintendents as provided by law.

( 2) The House agrees to the Senate substitute providing for grants for aid of the Common Schools and consolidated schools under the provisions of the Common School Equalization Act ____

The allocations fixed bylaw

(6)

(Sec. 6) ENTOMOLOGY, DEPT. OF

( 1) The House agrees to Senate substitute as amended and fixes for the expense of
operation ----------------$

50,000.00 $

(7)

50,000.00

(Sec. 7) FORESTRY AND GEOLOGICAL, DEPT. OF
The House recedes from its position and agrees to the Senate substitute as follows:

1492

JoURNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

( 1) For expenses of operation for allocation to activities left in the discretion of Commission ___________ $

50,000.00 $

50,000.00

( 2) For the development of the paper pulp industry in this State____$

20,000.00 $

20,000.00

(8)

(Sec. 8) GAME AND FISH, DEPT. OF

The House agrees to the Senate substitute for expenses of operation

97% of the allocation fixed by law

(9)

(Sec. 9) GOVERNOR
( 1 ) T h e H o u s e disagrees to the Senate substitute and fixes for the expenses of operation of the Governor's office ____ $
( 2) The House agrees to the Senate substitute for expenses of operation of offices of Supervisor of Purchases --------------------$
(3) The House disagrees to Senate sub-

20,000.00 $ 10,000.00 $

20,000.00 10,000.00

SATURDAY, MARCH 18,1933.

1493

FOR THE CALENDAR YEAR

1934

1935

stitute or amendment and fixes for expenses of operation of office of Keeper of Public Buildings a n d Grounds, a n d provides that $1 ,000.00 shall be used to maintain the Confederate Cemetery at Marietta, Ga. ______$

40,000.00 $

30,000.00

(4) The House agrees to the Senate substitute for payment of rewards ____________________$

2,000.00 $

2,000.00

( 5) The House agrees to Senate substitute for publishing notices required by law ______$

10,000.00 $

2,000.00

( 6) The House agrees to Senate substitute providing for publishing and distributing Acts and Journals of the General Assembly, and the Codes of Georgia __________________________$

15,000.00 $

15,000.00

(7) The House disagrees to Senate substitute and committee fixes for the

1494

jOURNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

emergency fund for allotment under the provision of Section 8 of the Budget Act$

75,000.00 $

75,000.00

(8) The committee amends Section 9 by adding a new item to be numbered 8, and to read "for insurance of public property" ----------------$

5,000.00 $

5,000.00

Provided, that the Governor s h a 11 insure the State's property as provided by law and the Board or Department in control of the property shall be charged with and shall pay out of the funds appropriated thereto the premiums on such insurance.
(10)

(Sec. 10) HIGHWAYS, DEPT. OF
The House agrees to Senate substitute of Section 10.
( 1) For administration expenses of oper-

SATURDAY, MARCH 18, 1933.

1495

FOR THE CALENDAR YEAR

1934

1935

ation of Department and for completion and maintenance of State Road systems _

97% allocations fixed by law

( 11)

(Sec. 11) INDUSTRIAL RELATIONS, DEPT. OF

( 1) The House agrees to the Senate substitute providing for expenses of operation of the Division of Commerce and Labor ----------------------$

1o,ooo.oo $

1 o,ooo.oo

( 2) The House agrees to Senate substitute providing for expenses of operation for administering Workmen's Compensation Act __________

Allocation fixed by law

(12)

(Sec. 12) LAW, DEPARTMENT OF

( 1) The House agrees to the Senate substitute providing for the expense of operation.-$

30,000.00 $

30,000.00

1496

JOURNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

(13)

(Sec. 13) LIBRARY
(1) The House disagrees to a m en dment to Senate substitute, but agrees to the Senate substitute provided for printing and distributing reports of Supreme and Appellate Court ____________________$
(2) The House disagrees to the Senate substitute and agrees to amendment to Senate substitute providing for expense of other operations __________________$
The House disagrees to the proviso under Item No. 2, fixing the salary of the State Librarian at $3,600, and agrees to the amendment of the Senate substitute fixing this salary at ________________$

10,000.00 $ 8,000.00 $ 2,400.00

10,000.00 8,000.00

SATURDAY, MARCH 18, 1933.

1497

FOR THE CALENDAR YEAR

1934

1935

(14)

(Sec. 14) LIBRARY COMMISSION

( 1) The House agrees to the Senate substitute providing for the expense of operation --------------------$
Provided $1,500.00 annually shall be expended for new books.

10,000.00 $

( 15)

10,000.00

(Sec. 15) MILITARY, DEPT. OF

( 1) The House agrees to Senate substitute providing for the expense of operation and aid to the military organizations____$

40,000.00 $

(16)

40,000.00

(Sec. 16) NAVAL STORES, SUPERVISING INSPECTOR

( 1) The House agrees to Senate substitute providing for compensation of Supervising Naval Stores Inspector --------------------

97% of allocations fixed by law

1498

JoURNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

(17)

(Sec. 17) PRISON COMMISSION

( 1) The House agrees to the Senate substitute providing for expense of operation of Commission ________$

30,000.00 $

( 2) The House agrees to Senate substitute providing for operation of Prison Farm in Baldwin --------------$

90,000.00 $

(3) The House agrees to Senate substitute for expenses of operation of Prison Farm in Tattnall
County --------------------$

15,000.00 $

(4) The committee adds a new item to be numbered 4, to read as follows: For maintenance of the State Prison Farm in Tattnall County for the year 1933, $10,000.00, to be available immediately upon the passage of this Act.

30,000.00 90,000.00 15,000.00

SATURDAY, MARCH 18, 1933.

1499

FOR THE CALENDAR YEAR

1934

1935

(18)

(Sec. 18) PUBLIC HEALTH, DEPT. OF The House disagrees to the Senate substitute providing for expenses of operation, and the committee fixes this item of expense at ------------$ 125,000.00 $

125,000.00

Provided, that the tuberculosis clinic and trachoma work shall be continued.

(19)

(Sec. 19) PUBLIC SERVICE COMMISSION

The Senate recedes from

its position on this

section, and the com-

mittee provides for

expenses of operation

Allocations fixed by law

(20)

(Sec. 20) REVENUE COMMISSION

( 1) The House recedes from its position and agrees to the Senate substitute providing for expenses of operation of the Cigar and Cigarette and Delinquent Tax Division ______________________$

85,000.00 $

8 5,000.00

1500

Jol'RNAL OF THE SENATE,

FOR THE CALE~DAR YEAR

1934

1935

( 2) The House recedes from its position and agrees to the Senate substitute providing for expense of operation of Income Tax Division ----------$

80,000.00 $

80,000.00

( 3) The House recedes from its positiOn and agrees to the Senate substitute providing for expenses for operation of Motor Vehicle Registration Division, not including
the expenses of the
manufacture of tags $

90,000.00 $

90,000.00

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 Trea-
sury 5% of the total
net collections derived from the Motor Vehicle Act, which expenses of collection a r e pro-

SATURDAY, MARCH 18, 1933.

1501

FOR THE CALENDAR YEAR

1934

1935

vided for by the above appropriation.
(21)

(Sec. 21) SECRETARY OF STATE

( 1) The House agrees to the Senate substitute providing for expenses of operation to administer laws regulating the practice of profesS!ons ________________________

Allocations fixed by law

( 2) The House agrees to the Senate substitute providing for expenses of operation to administer the Securities Law__

97% of allocation fixed by law

( 3) The Senate recedes from its positiOn and the committee fixes for expenses of other operations including the Division of Archives and
History ------------------$

26,7 50.00 $

26,7 50.00

Provided, that of this sum, the sum of $6,7 50.00 for each of the years, 1934

1502

JouRNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

and 1935, shall be used for maintaining a Department of Archives and History. Provided further, that the salary of Director is fixed at $2,400.

(22)

(Sec. 22) STATE TREASURY

( 1) The House agrees to the Senate substitute providing for the Sinking Fund for payment of the principal of the public debt --------------------

Allocation fixed by law

( 2) The House agrees to the Senate substitute providing for the interest on the fixed public debt, including the Constitutional debt to the University of Georgia --------------------------$

205,000.00

$ 198,000.00

(3) The House agrees to the Senate substitute providing for interest on current loans ----------------------$

15 0 , 0 0 0 . 0 0

$ 15 0,000.00

SATURDAY, MARCH 18, 1933.

1503

FOR THE CALENDAR YEAR

1934

1935

( 4) The House agrees to the Senate substi-
tute providing for redemption for W.
& A. R. R. dis-
counts ______________________

Allocation fixed by law

( 5) The House agrees to the Senate substitute providing for grants to counties for aid on county road construction and maintenance ______

97% of the allocation fixed by law

( 6) The House agrees to the Senate substitute for expenses of operation of the State Treasury________$

26,000.00 $

26,000.00

Provided that the salary of the State Treasurer 1s $6,000.00 annually.

( 7) The House recedes from its position and agrees to the Senate substitute for expenses of operation of the Supreme Court ----------------------$

73,000.00 $

73,000.00

( 8) The House agrees to the Senate substi-

1504

JouR~AL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

tute for expenses of operation of Court of Appeals --------------$

74,000.00 $

74,000.00

( 9) The Senate recedes from its position and agrees to the amount fixed by the House for salaries, for fees of judges, for solicitors-general of Supe-
rior Courts ------------$

206,000.00

$ 206,000.00

( 10) The House recedes from its position and agrees to the Senate substitute for compensation and mileage of the President and members of the Senate, and of the Speaker and members of the House of Representatives, for the compensation of the Secretary of the Senate, etc., as set out in the Senate substitute

192,000.00

(23)

(Sec. 23) VETERANS' SERVICE OFFICE
( 1) The House agrees to the Senate's sub-

SATURDAY, MARCH 18, 1933.

1505

FOR THE CALENDAR YEAR

1934

1935

stitute for pensions to Confederate Soldiers and widows, for funeral expenses and for fees of Ordinaries for pension
work ------------------------

The allocation fixed by law

( 2) The House agrees to Senate substitute for expenses of operation of the De-
partment ----------------$

25,000.00 $

25,000.00

(24)

(Sec. 24) ELEEMOSYNARY INSTITUTIONS, BOARD OF CONTROL

( 1-a) The Senate recedes from its position and agrees to the House provision for expenses of operation of the office of the Board of Control --------------------$

15,000.00 $

15,000.00

(1-b) For Division of Public Welfare ______$ 20,000.00 $ 20,000.00

( 2) The House recedes from its posttiOn, agrees to the Senate substitute, and disagrees to the amendment to the Senate



1506

JouRNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

substitute and fixes the expenses of operation of the Milledgeville HospitaL$1, 100,000.00

$1,100,000.00

(3) The House recedes from its position and disagrees with the Senate substitute and the amendment thereto and fixes the expenses of operation of the Tuberculosis Sanatorium aL$

235,000.00

$ 235,000.00

( 4) The House agrees to the Senate substitute, disagrees to the amendment to the substitute for expenses of operation of the School for Mental Defectives, and fixes the amount
for each year ----------$

65,000.00 $

65,000.00

(5) The House disagrees to Senate substitute and agrees to the amendment to the Senate substitute and fixes for expenses of operation of the School for the Deaf at ------------$

7 5,000.00 $

7 5,000.00

SATURDAY, MARCH 18, 1933.

1507

FOR THE CALENDAR YEAR

1934

1935

(6) The Senate and House recede from their position and the committee fixes the expenses of operation of the Academy for the Blind at ----------------------------$

38,000.00 $

3 8,000.00

( 7) The House agrees to the Senate substitute for expenses of operation of the Training School for Boys ------------------------$

35, 000.00 $

3 5, 0 0 0. 0 0

(8) The House agrees to the Senate substitute, fixing the expenses of operation of the Training School for Girls______$

35,000.00 $

3 5,000.00

(9) The House agrees to the Senate substitute, fixing expenses of operation of the Confederate Soldiers' Home and the weekly allowance to inmates provided by law --------------------------$

15,000.00 $

15,000.00

1508

JoURNAL OF THE SENATE,

FOR THE CALENDAR YEAR

1934

1935

(25)

(Sec. 25) THE UNIVERSITY SYSTEM, REGENTS OF

The House agrees to Senate substitute as amended, fixing the expenses of operation of the office of the Regents and for aid to the University System ______________$1,500,000.00

$1,500,000.00

(26)

Sec. 26. The House concurs in Section 26, as follows:
Be it further enacted, that in the event that the revenue receipts of the State Treasurer available for paying the fixed sum appropriations herein made should be less than the total sum of such appropriations in either of the periods covered under this Act, then the fixed amounts herein appropriated for that period shall be paid in full for the following purposes: For insurance on public property, for the interest on the fixed public debt, for the interest on current loans, and for the expenses of the Judicial Legislative branches, and the fixed sums appropriated for all other purposes for that period shall be reduced pro rata in the amount of the deficiency of revenue receipts for the period.
The sum so stricken under provisions of this section are hereby declared annulled, and the sums remaining after the application of the provisions of this section shall be the appropriations for the purposes named in this Act, in lieu of the amounts therein fixed and set out.

SATURDAY, MARCH 18, 1933.

1509

(26-a)
Sec. 26-a. The House agrees to Senate substitute, as amended, as follows:
All unpaid appropriations for the years prior to 1932 made under the General Appropriations Acts, approved August 23, 1927, August 30, 1929, August 28, 1931, and the Acts approved August 28, 1929, appropriated for a new building for the Milledgeville State Hospital are hereby repealed, in the amount of the excess of such unpaid appropriations to any department or institution over the amount of the indebtedness December 31, 1932, of such department or institution, and provided that the appropriations for common schools and for the payment of pensions shall not be affected by the provisions of this section.

(27)
Sec. 27. The committee amends Senate substitute or amendment to said House bill by adding a new section to be known as Section 27, the same to read as follows:
Be it further enacted, that wherever in this Act fixed sums are appropriated for purposes for which State revenues are allocated under existing laws, such fixed sums are in lieu and/or inclusive of such allocated revenues, and the operation of parts of Acts so allocating revenues for specific purposes is hereby suspended during the period for which fixed sum appropriations are provided under the within Act, and the State agencies, charged with the duty of collecting the revenues affected by the provisions of this section be, and they are, hereby directed to pay all of said revenues into the general funds of the State Treasury, and the State Treasurer is directed to transfer any balances held in the special funds to the general funds, at the close of the calendar year 1933, from which general funds shall be paid the fixed sum appropriations under the provisions of this Act; provided, that the allocation of the

1510

JOURNAL OF THE SENATE,

Motor Carriers' Mileage Tax to the State Aid Road Fund shall not be affected by the provisions of this section.

(28)

The committee further amends Senate substitute or amendment to said House bill by adding a new section to be known as Section 28, the same to read as follows:
Sec. 28. Be it further enacted, that whenever in this Act there is appropriated 97% of the allocations fixed by law for purposes for which said revenues are allocated under existing laws, the operation of all such laws in excess of 97% appropriated in this Act are herein suspended for the years 1934 and 1935, and the State agencies charged with the duty of collecting the revenues affected by the provisions of this section be, and they are, hereby directed to pay 3% excess over the amount appropriated into the general fun.d of the State Treasury to reimburse the general funds for general governmental expenses, legislative and judicial and executive cost of levying, collecting, disbursing, auditing, budget control and the custody of such allocated funds.

(29)

Sec. 29. The House agrees to the Senate substitute providing as follows: Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
Respectfully submitted,
W. H. KEY of the 28th District, Chairman.
W. M. LESTER of the 18th District.
HUBBARD of the 31st District. On the part of the Senate.

SATURDAY, MARCH 18, 1933.

1511

CuLPEPPER of Fayette.
J. C. BEASLEY of Tattnall.
WM. W. MuNDY of Polk. On the part of the House.

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:
House Bill No. 62. By Mr. Allen of Jackson. A bill to be entitled an Act to amend an Act entitled an Act to simplify the operations of executive branch of the State government by abolishing certain offices, boards, departments, commissions and institutions; creating others, and for other purposes.

Senator Lester of the 18th District moved that the Conference Committee report on House Bill No. 403 be adopted, and the motion preyailed.

The ayes and nays were called for and the call was sustained, and the roll was called and the vote was as follows :

Those voting in the affirmative were Senators:

Alston Andrews Boyd Cail
Carithers Cason Cloud Conner Dorminy
Fetzer Fudge Groover

Haralson Hogg
Howard of the 2nd Hubbard Jackson Key
Lester Lewis Lovett Mallett Moore

Morris of the 39th Morris of the 5th Nelson
Oliver Pottle Robertson Sims Tate Terrell Turner Tuten Weaver

1512

JouRNAL OF THE SENATE,

Those voting in the negative were Senators:

Baggett Boykin Campbell Culpepper

Dean Goldin Howard of the 24th Hutcheson

Knox Paschall Rivers Sisk

The ayes were 35, nays 12, and the Conference Committee report on House Bill No. 403 was adopted.

By unanimous consent the verification of the roll call was dispensed with.

The following resolution of the Senate was read and adopted:

By Senator Knox of the 3rd District-

Senate Resolution No. 116, as follows, to-wit:

Whereas, the present session of the General Assembly under resolution duly passed, is supposed to end on this date at midnight, said resolution expressly providing that the session not be prolonged through the Sabbath day; and,
Whereas, there has grown up a custom of stopping or turning back the clocks of both Houses in order that the sessions of General Assembly may be continued through the early hours of the Sabbath day by this subterfuge,
Therefore be it resolved by the Senate, that this practice be condemned, and that the officers of the Senate be requested to take all necessary steps to prevent any interference with the clock stationed in the Senate Chamber.

Senator Carithers of the 27th District asked unanimous consent that a committee on the part of the Senate be appointed to confer with a like committee on the part of the House on Senate Bill No. 118, and the consent was granted, and the President appointed the following Senators:

Howard of the 2nd District. Rivers of the 15th District.

SATURDAY, MARCH 18, 1933.

1513

Nelson of the 6th District.
Senator Hutcheson of the 44th District moved that a Conference Committee on the part of the Senate be appointed to confer with a like committee from the House on House Resolution No. 192, and the motion prevailed, and the President appointed on the part of the Senate the following Senators:
Hutcheson of the 44th District.
Mallett of the 26th District.
Rivers of the 15th District.
Senator Oliver of the 48th District moved that a Conference Committee be appointed on the part of the Senate to confer with a like committee on the part of the House on House Bill No. 62, and the motion prevailed, and the President appointed on the part of the Senate the following Senators:
Sisk of the 30th District.
Terrell of the 37th District.
Oliver of the 48th District.
Senator Hubbard of the 31st District rose to a point of personal privilege and addressed the Senate.
The following communication, announced by Miss Olivia Busby, was read by the Secretary:

Mr. President:
Whereas, at the convening of the present session of the General Assembly of Georgia, the members of this body voted unanimously their confidence in you, and their loyalty to you in electing you as its President; and
Whereas, the gloomy days of cold, bleak winter have passed and the warm, bright days of spring are now here,

1514

JouRNAL OF THE SENATE,

and meet each one of us as we awaken to the light of each new day; and

Whereas, with the passing of the days and the end of the session so near at hand, we realize more fully that you have grown in the hearts of each of us; and

Whereas, our association and experience have drawn us and bound us by firmer and stronger bonds of friendship and love; and

Whereas, to realize that the end of this pleasant sojourn is painfully so near at hand; and

Whereas, we are prone to leave the sacred halls of this beloved State House without making some expression of gratitude for your loyal services, your courtly conduct in this body and our never-ending inestimable love and esteem,

Therefore, we now take the opportunity of demonstrating our profound appreciation and love for you in some appropriate manner, and as a slight token of this love and esteem we present you this gift with the hope and desire that it will ever remind you of each of us. May the shining silver symbolize the purity of our esteem. 'Ve hope that you will accept it in the same spirit in which it is presented.

May God bless you and your family and may you enjoy a profitable and blessed life. We wish you Godspeed in your future walks along life's journey.

GEo. W. FETZER, 1st.
T. L. HowARD, 2nd.
GoRDON KNox, 3rd.
]. T. CoLsON, 4th.
J. s. MORRIS, 5th.
H. w. NELSON, 6th.
S. M. TuRNER, 7th. J. M. FuDGE, 8th. G. M. SPARKS, 9th.
]. R. PoTTLE, lOth.

J. G. DEAN, 11th.
G. C. ALsTON, 12th.
H. W. HoGG, 13th.
E. H. CoNNER, 14th. R. E. RIVERS, 15th.
w. H. LOVETT, 16th.
J. C. CAIL, 17th.
WM. M. LESTER, 18th.
HAWES CLOUD, 19th. ]No. C. LEwis, 20th.

SATURDAY, MARCH 18, 1933.

1515

J. B. JACKSON, 21st.
J. A. CASON, 22nd.
W. F. ANDREWS, 23rd. CHAs. N. HowARD, 24th. G. A. WEAVER, 25th.
JoEL B. MALLETT, 26th. H. A. CARITHERS, 27th.
WM. H. KEY, 28th. ]As. H. BOYKIN, 29th.
J. T. SISK, 30th. CASH S. HUBBARD, 31st. JoHN E. RoBERTSON, 32nd. A. G. BOYD, 33rd.
R. w. CAMPBELL, 34th.
WALTER A. SIMS, 35th. N. F. CULPEPPER, 36th.

J. RENDER TERRELL, JR.,
37th.
-------------------------- 38th. FRED MoRRis, 39th.
PAT HARALSON, 40th. STEVE C. TATE, 41st.
B. H. EDMONDSON, 42nd.
J. H. PASCHALL, 43rd. JoiiN M. HUTCHESON, 44th. DR. E. J. DoRMINY, 45th.
ANDREW J. TUTEN, 46th.
SusiE T. MooRE, 47th.
T. w. OLIVER, 48th.
S. C. GROOVER, 49th.
J. J. BAGGETT, 51st.

Presented at the conclusion of the Regular Session, Georgia State Senate, March 18th, 1933.

The President accepted the beautiful silver remembrance in eloquent words.

The following was also read :

Mr. President:

In grateful appreciation of the many kindnesses and courtesies shown to the attachees during the 1933 session, we present to you this little gift as a token of our love and esteem. You have endeared yourself to each of us, and our very best wishes go with you and those near and dear to you always.

RoY M. Nrx MERCER J. HARBIN A. P. GRIFFIN
A. 0. RANDALL
MRs. CARROLL GRIFFIN OLIVIA BusBY MRs. J. T. SrsK

PAT CAMBELL R. FRANK SMITH
M. B. PILCHER
DAN HALE
WM. J. PERRY MRs. MADGE DAVIS
R. F. GULLEBEAU

1516

JouRNAL OF THE SENATE,

Senator Morris of the 39th District rose and addressed the President to emphasize the love and esteem of the Senate body for him.
The President descended to the floor of the Senate to thank the donors of the silver cups and to express his appreciation of this mark of their confidence, love and esteem.
Miss Busby again presented a communication which was read, as follows, to-wit:

!YIr. President:
In grateful appreciation of the many kindnesses and courtesies shown to the members of the Senate by the Honorable Hugh A. Carithers, President Pro Tern. of the Sen-
ate, and the Honorable John J. Boifeuillet, Secretary of
the Senate, during the 1933 session, we present to them these gifts as a token of our love and esteem. They have endeared themselves to each of us, and our very best wishes go with them and those near and dear to them always.

GEo. W. FETZER, ]R., 1st. T. L. HowARD, 2nd.
GORDO::-.< KNox, 3rd.
J. T. CoLSo::-.r, 4th. J. S. MORRIS, 5th. H. w. NELSON, 6th.
S. M. TuRNER, 7th.
J. M. FUDGE, 8th.
----------------------' 9th.
J. R. PoTTLE, 1Oth. J. G. DEAN, 11th. G. c. ALSTON, 12th.
H. WILLis HoGG, 13th.
E. H. CONNER, 14th.
R. E. RIVERS, 15th.

w. H. LOVETT, 16th. J. C. (AIL, 17th.
\V. M. LESTER, 18th. HAWES CLOUD, 19th. ]No. C. LEwis, 20th.
J. B. jACKSON, 21st.
J. A. CASON, 22nd.
\V. F. ANDREWS, 23rd.
CHAs. HowARD, 24th.
G. A. \VEAVER, 25th.
JOEL B. MALLETT, 26th.
----------------------- ' 27th.
w. H. KEY, 28th.
]As. H. BOYKIN, 29th.
J. T. SrsK, 30th.

SATURDAY, MARCH 18, 1933.

1517

CAROLYN TINSLEY DUNCAN GRAHAM CAsH S. HuBBARD, 31st.
J. E. RoBERTSON, 32nd.
A. G. BOYD, 33rd. R. \V. CAMPBELL, 34th. WALTER A SIMS, 35th. N. F. CULPEPPER, 36th. J. RENDER TERRELL, JR.,
37th. SIDNEY M. GOLDEN, 38th. FRED MoRRIS, 39th. PAT HARALSON, 40th.

MRs. WALTER L. HoDGEs
jOHN D. ELLIOTT STEVE C. TATE, 41st.
---------------------------- 4 2nd. ]. H. PASCHALL, 43rd.
jOHN M. HUTCHESON, 44th.
E. J. DORMINY, 45th.
SusiE TILLMAN MooRE,
47th.
T. w. OLIVER, 48th.
S. C. GROOVER, 49th.
J. J. BAGGETT, 51st.

Presented at the conclusion of Regular Session, Georgia State Senate, March 18th, 1933.

Senator Carithers of the 27th District, President Pro Tern., addressed the Senators and thanked them in chosen words for the beautiful gift.

The Secretary of the Senate expressed his appreciation of the honor paid him by the Senators.

The Conference Committee on Senate Bill No. 118 submitted the following report, which was read and adopted: 1\1r. President: i\1r. Speaker:

Your Committee on Conference has had under consideration Senate Bill No. 118, and all amendments, and beg leave to submit the following report:

The committee recommends that the original bill be passed with only the following amendments: ,

By Mr. Johnson of Montgomery.

Allen of Jackson and Burson of Barrow. Peters of Meriwether. Palmour of Hall.

1518

JoURNAL OF THE SENATE,

Black of Forsyth, and others. Davis and Hand of Mitchell. Myrick of Chatham. Calhoun of Wilkes.

Respectfully submitted,

R. E. RIVERS, Of the 15th District.

T. L. HowARD,

Of the 2nd District.

w. H.

NELSON,

Of the 6th District.

Conferees of the Senate.

J. S. PETERS,
A. S. JoHNSON,

Of Montgomery.

ToM BuRSON.
Conferees of the House.

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

Mr. President:
The House has adopted the Conference Committee report on the following bill of the House, to-wit:

By Mr. Mundy of Polk-
House Bill No. 403. A bill to be known as the General Appropriations Act.
The following message was received from the House through Mr. Kingery, the Clerk thereof:

SATURDAY, MARCH 18, 1933.

1519

Mr. President:
The Speaker has appointed as a Committee on Conference on the part of the House, to confer with a like committee on the part of the Senate on House Bill No. 62, the following members, to-wit:
Messrs. Lindsay of DeKalb, Stukes of Sumter, and Allen of Jackson.
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 Mr. Andrews of the 23rd District-
Senate Bill No. 273. A bill to be entitled an Act to amend Section 695 of the Political Code of Georgia of 1910, enumerating who is subject to road duty, etc., as amended, related to road taxes in certain counties, by excepting certain counties from the provisions thereof, and for other purposes.
The Conference Committee on House Bill No. 62, submitted the following report, which was read and adopted:
Your Conference Committee on the part of the House and the Senate beg leave to submit the following report on the House's disagreement to Senate substitute as amended, to House Bill No. 62:
Amend by substituting the figures $5,000.00 for the figures $6,000.00 in Senate amendment to the Senate substitute.
LINDSAY of DeKalb. ALLEN of Jackson.

1520

JouRNAL OF THE SENATE,

STUKES of Sumter. On part of the House.
SrsK of 30th District. TERRELL of 37th District. OLIVER of 48th District.
On part of the Senate.
The following message was received from the House through Mr. Kingery, the Clerk thereof:
Mr. President:
The House has adopted the report of the Conference Committee on Senate Bill No. 118.
The following message was received from the House through M~. Kingery, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate amendment to the following resolution of House, to-wit:
By Mr. Mundy of Polk-
House Resolution No. 192. A resolution providing for the members and officers after adjournment, 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. Townsend of Dade. McLeod of Baker, and Brunson of Laurens.
The Conference Committee on House Resolution No. 192 submitted the following report, which was read and adopted:

SATURDAY, MARCH 18, 1933.

1521

Air. President:
\Ve, your committee appointed to confer with a like committee on the part of the House to confer on House Resolution No. 192, have agreed to accept the resolution as amended.
HUTCHESON of the 44th, MALLETT of the 26th, RIVERS of the 15th,
On the part of the Senate.
TowNSEND of Dade, McLEOD of Baker, BRUNSON of Laurens,
On the part of the House.

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

!vir. President:
The House has adopted the Conference Committee report on House Resolution No. 192.
The fifth Conference Committee on House Bill No. 182 submitted the following report, which was read and adopted:

To the Senate:

To the House:

Your Conference Committee on House Bill No. 18 2 beg

leave to report, after consideration, they are unable to

agree.

J. A. CASON, 22nd,

HARVEY CLOUD, 19th,
J. T. COLSON, 4th,

On the part of the Senate.

1522

JouRNAL oF THE SENATE,

w. FRED SCOTT,
B. Y. DICKEY RoY V. HARRIS,
On the part of the House.

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

Mr. President:
The House has adopted the Conference Committee report on House Bill No. 62, relative to the State Department of Health.
Senate Bill No. 137, a bill by Senator Dorminy of the 45th District, to further provide for the qualification of Judges and Jurors in the trial of civil cases, was taken up for the purpose of considering the following House amendment:

By Mr. Lanier of Richmond, amends Senate Amendment No. 1 as follows:
"Except in the event either party to the cause shall object to the related Jury or related Judge."
The Senate agreed to the House amendment.
The following resolution of the Senate was read and adopted:

By Senator Nelson of the 6th District-
Whereas, the Senators of this session of the General Assembly appreciated and enjoyed the loyalty and the devotion of the attaches, including Mrs. Griffin, Mrs. Davis, Mrs. Hodges, Mrs. Sisk, Miss Hill and Miss Busby,
Therefore be it resolved, That these ladies come back at the next session of the General Assembly.

SATURDAY, MARCH 18, 1933.

1523

H. A. CARITHERS, 27th,
H. w. NELSON, 6th,
E. H. CONNER, 14th,
R. E. RIVERS, 15th.

Senator Colson of the 4th District moved that the Senate insist on its amendment and that the President appoint a committee from the Senate to confer with a like committee to be appointed by the Speaker of the House on House
Bill No. 13 5, and the motion prevailed and the President
appointed on the part of the Senate the following:
Senator Colson of the 4th District, Senator Pottle of the 1Oth District, and Senator Lewis of the 20th District.
The following resolution of the Senate was read and adopted:

By Senator Fetzer of the 1st District-
Senate Resolution No. 117, as follows, to-wit: 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 joint resolution of the Senate was read and adopted :

By Senator Fetzer of the 1st District-
Senate Resolution No. 118, as follows, to-wit: 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.
The Committee on General Judiciary No. 1, through its Chairman, Senator Lewis of the 20th District, submitted a majority report on Senate Resolution No. 105.

1524

JoGRNAL oF THE SENATE,

The following minority report on Senate Resolution No. 105 was read:

MINORITY REPORT TO SENATE RESOLUTION No. 105.

The undersigned members of General Judiciary No. 1 file a minority report to the report of the committee on Senate Resolution No. 105, the same being based upon the following grounds, to-wit:
1. That the committee was without sufficient time to properly investigate the charges contained in said resolution and that no full, complete and impartial investigation of said charges under the circumstances was possible, and no witnesses were sworn before the committee to substantiate the charges.
2. That the Commissioner of Agriculture, whose acts were attacked in said resolution, was not given an opportunity to be heard or explain the charges made, nor was he given the opportunity to examine the witnesses who appeared before the committee.
3. The witnesses stated that they could not ear-mark the funds claimed to be illegally expended nor could they show that they were so illegally expended.
4. That the adoption of the committee report under the circumstances and in the absence of any evidence to substantiate the charges would be manifestly unfair, improper and unjust.
GORDON KNox, 3rd, MORRIS, 39th, PAT HARALSON, 40th,
J. H. PASCHALL, 43rd, G. c. ALSTON, 12th, w. M. LESTER, 18th,

SATURDAY, MARCH 18, 1933.

1525

A. J. TUTEN, 46th,
]OEL B. MALLET, 26th, R. E. RIVERS, 15th,
,v. T. OLIVER, 48th,
N. F. CuLPEPPER, 36th.

Senator Mallett of the 26th District moved that the minority report be adopted and that the majority report be expunged from the records. On this motion the ayes and nays were called for and the call was sustained, and the roll was called and the vote was as follows:

Those voting in the affirmative were Senators:

Alston Andrews Baggett Boyd Cail Campbell Carithers Cason Conner Culpepper Dean

Dorminy Fetzer Fudge Goldin Groover Haralson Hogg
Howard of the 24th Jackson Knox Lester

Mallett Moore Morris of the 39th Oliver Rivers Robertson Sims Sisk Terrell Turner Tuten Weaver

Those voting in the negative were Senators:

Boykin

Key

Lewis Pottle

The ayes were 34, nays 4, and the motion to adopt the minority report prevailed.

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

Be it resolved by the Senate, the House concurring, that the General Assembly do now adjourn sine die.

The President announced that the Senate stood adjourned sine die.

INDEX
of the
SENATE JOURNALS
of the
Ten Day Special Session
and the
Regular Session
of the
SENATE
of the
State of Georgia
January 9, March 18, 1933.

INDEX

1529

PART I
SENATE BILLS
Figures in left hand column indicate the number of each respective Bill and Resolution; in right-hand column, number of page.
A
ACCOUNTANTS64-Certified public accountants _____________98, 467, 470, 492, 504
AMERICAN LEGISLATORS' ASSOCIATIONReport of delegates to convention __________________________ 320
APPOINTMENTSBy Governor Richard B. Russell, Jr. ________________________ 137 By Governor Eugene Talmadge----------------~-----------1445
APPRAISALS, ON LOAN DEEDS83-Appraisals in foreclosures ______________________________ 128
ARCHIVES AND HISTORY143-Amend Act creating department oL251, 265, 270, 360, 643, 1208
ASSISTANT ATTORNEYS-GENERAL230-To reduce the number of ______________________________ 808
8 BANKS, BANKING-
52-Consolidate, succession as trustee ___________________ 92, 155,162,173,179,293,332,1111, 1120,1193,1196,1206,1244,1245,1296
174-Regulate banking ________________________ 464, 700, 707, 1255 227-Regulate banking ____________________________ 808,1385,1392 262-Provide for consolidating__________1127, 1198, 1201, 1220, 1254 270-Provide for consolidating _________________________1183, 1385 274-Governor may declare bank holiday_______________1198, 1385
BARBERS, BEAUTY SHOPS87-Licensing of ----------------------------------------129,587
BEER, ALE, PORTER199-Authorize sale of_______________________________ 584, 643,645

1530

INDEX

BOARD OF HEALTH38-Create ------------------------------------------------ 68
BOARD OF MEDICAL EXAMINERS142-Establish _________________________ 251,443, 449,495,672,700
BOARD OF PHARMACY135-Establish _____________________ 219,371, 379,462,475,880,944
BOXING55-Create boxing commission ____________________ 92, 614, 623, 700
BUILDING AND LOAN ASSOCIATIONS170-Define ------------------------------------------------ 441
c
CHARTERS9-Atlanta, officials permitted to hold military offices _____________________ 58, 214, 224, 237, 374, 418
715-Atlanta, issuing executions for taxes ____ 101,182,184, 200,505, 572,624,715,716
115-Atlanta, permanent registration of voters ___178, 214,224,237 267-Atlanta, enlarge powers of mayor and council
in emergencies _____________________________1182, 1219,1232 275-Atlanta, pensions for city employees _________.__________1206 281-Atlanta, taxes payable in ten
installments ___________________________1253, 1271, 1280, 1351 282-Atlanta, extend city limits _________1253, 1271, 1280, 1351, 1430 229-Augusta _____________________________ 808, 951,980,992,1427 239-Brunswick ___________________________938,947,985,990,1267 241-Brunswick __________________________ 939,985,990,1267,1430 244-Brunswick __________________________939,985,991,1267, 1431 208-Canton ___________________________ 662,701,708;754,814,1426 228-Crawfordville ________________________ 808, 862, 864, 882, 1426 27-Colquitt ----------------------------61, 182, 183, 199, 447, 468 278-Columbus ___________________ 1226, 1271,1280,1351,1431,1460 234-Fitzgerald ___________________ 894,947,951,980,992,1421, 1475 221-Forrest Hills __________________________ 697, 811, 820, 866, 880 95-Hazlehurst ________________________________141,214,224,238 269-Linwood __________________________ 1183, 1219, 1232, 1280, 1431 159-Willacoochee _____________________ 337, 559, 564, 604, 624, 1425
49-To provide for revival of charters of corporations ________________________ 88,181,184,203, 1422
CIVIL SERVICE240-Preference to ex-service men_________________938, 1222, 1232

INDEX

1531

CODE OF LAWS OF GEORGIA136-To provide for adoption of Code_______________________ 219
CODE AMENDMENTS4-Section 94, rape ______________________ 57,588,1200, 1201,1258
16-Section 4424, survivorship of suits ____59, 182,183, 203, 308, 328 22-Section 5265, garnishment ______________ 60, 443, 449, 476, 491 26-Section 5265, garnishment __________________________ 61, 501 36-Section 1495, garnishment _______________ 68, 390, 394, 436, 443 44-Section 3416, exemption from taxation ____ 76, 643, 644, 718, 727 53-Section 4906, bonds of sherifl's ____________ 92, 341, 355, 413, 418 59-Section 4620; power of sale____________________97,1221,1230 60-Section 4198, as to grantor and vendor_98, 230, 236, 335, 436, 443 61-Section 3929, descent to heirs ________________ 98, 265, 270, 437 63-Section 4044, year's support ____________ 98, 265, 270, 434, 440,
453,496,519,531 74-Section 5202, certiorari ____________100, 182, 184, 204, 532, 624 117-Section 264, vacancies in office _____________179, 501, 507, 833,
863,878,1423 134-Section 5154, bail trover ________________ 219, 341, 355, 494, 504 145-Section 1089, billiard and pool tables __________________ 269 152-Section 1868, regarding weights ___________291, 501, 508, 956,
863, 878, 1424 166-Section 1087, exempt State property
from taxation __________________ 388, 814,864,1057,1070,1103 171-Section 1036, permit defendant to testify____________ 442, 588 172-Section 5553, service on non-residents ____ 464, 1200, 1202, 1258 173-Section 3298, sales to secure debt_ _____________________ 464 187-Section ____ , Registrars ____________________ 500, 623, 626, 923 204-Section 976, pleas of insanity____ 615, 971, 973, 1053, 1070, 1461 205-Section 1591, marshal at State Sanitarium______ 615, 971, 973,
1053,1070 210-Section 4016, bond of intestate ______ 695, 1022, 1030, 1070, 1103 224-Section 1000, strikes, reducible felonies ___________726, 1232 250-Section 695, road duty _____________ 972, 1022, 1030, 1141, 1428 265-Section 3306, affidavit of illegality____________1182, 1221, 1232 273-Section 695, road duty ____________1199, 1218, 1233, 1281, 1519 279-Section 1140, release by payment of taxes
on part of returns ______________________1226, 1301,1302,1382
COMMITTEES OF CONFERENCEOn House Bill No. 62 _______________________________________1513 On House Bill No. 100______________________________________1246 On Senate Bill No. 118_______________________________________1512 On House Bill No. 135______________________________________1523 On House Bill No. 403 _______________________________________1404

1532

INDEX

On House Resolution No. 192--------------------------~---1513 On House Bill No. 182 ______________________ 318, 349,607,922,1474 .
COMMITTEES, SPECIALEscort President of Senate_________________________________ 6 Escort President Pro Tern. of Senate _______,.______________ 14 Escort Secretary of Senate_________________________________ 7 Notify Governor that General Assembly has convened and organized ______________.. ______________________________ 8 On inaugural ceremonies___________________________________ 8 To select a Chaplain__________________________________________ 9
Escort Governor Russell ----------------------------------- 19 Escort Governor-elect Talmadge---------------------------- 21 Count and consolidate vote for Constitutional officers________ 22 Present invitation to President-elect Franklin D. Roosevelt___ 66 Notify Governor that General Assembly ready to adjourn
special ten-day session __________________________________ 103 Notify Governor that General Assembly reconvened in regular
session ----------------------------------------------- 124 To invite President-elect Franklin D. Roosevelt_ ___________ 226 Under the resolution to reduce salaries---------------------- 227 To consider attending inauguration at Washington __________ 303 Escort Dr. Willis A. Sutton__________________________________ 415 Invite the Governor and Tax Commissioner of Mississippi_ __ 337 Escort the Governor and Tax Commissioner of Mississippi_ __ 441 Investigate Text Book Commission under Senate Resolution
No. 15 ------------------------------------------------ 523 Attend funeral of Representative Eugene S. Lane ____________ 665 Recommend legislation under Senate Resolution No. 95 _____ 876 Adjourning, under Senate Resolution No. 113 _________________ 1413 To expedite passage of House Bill No. 403 .. _________________ 1474
COMMITTEES, STANDINGAssignments ____________________________________________103-120
Additional committees _____ -------------------------------- 9
COMMUNICATIONSFrom President-elect Franklin D. Roosevelt_ _________________ 205 From the Honorable Newton D. Baker, Chairman of Citizens National Committee ----------------------------------- 263 From the Honorable Lindley W. Camp, Adjutant GeneraL ___ 290 From the State Highway Department under Senate Resolution No. 40 --------------------------------------------- 349 FroDl the Mayor of Savannah _______________________________ 556 FroDl President-elect Franklin D. Roosevelt_________________ 556

INDEX

1533

From the Honorable Henry L. Stimson, Secretary of State of the United States ______________________________________ 729
From the Georgia Section of American Society of Civil Engineers _______________________________________________1008
COMPENSATION194-For public officers not now compensated ________ 558, 612, 644, 727,980,1018
COMPTROLLER-GENERAL-192-Create inspection department in office oL ___________ 529, 644
CONFEDERATE SOLDIERS254-Authorize payment pensions to soldiers and widows _______________________ 980, 1025, 1031, 1145, 1186 116-Confederate soldiers home, admit widows ______ 179, 507,814
CONSTITUTIONAL AMENDMENTS18-Tax certain occupations_____________________________ __ 59 20-Exemption from taxation _________________ 60, 213, 223, 701, 707 33-Limit taxation by counties to ten mills ___________ 67, 481, 485, 638,641,659,963 41-Authorize municipalities to issue bonds for public utilities __________________________________ 75, 1386 43-Classify property for taxation _____________ 75, 513, 1386, 1395 56-Exempt certain real estate from taxation ________ 93, 701, 707, 930,934,960 73-Limit assessment of real estate for tax purposes ____ 100, 181, 184,203,238 82-Total divorce upon one verdicL ________ 128, 213, 224, 439, 455
111-To create State School Commissioner_________ 178, 1386, 1396 144-Damages by motor vehicles-------------- 254, 504, 1220, 1231 156-Pensions to certain widows of Confederate solders __ 307, 481,
485,574,585 178-Consolidation of State and County governments ____ 465, 1220,
1231, 1290 256-Hospitals, income to charity, exempt
from taxation ____________________1020, 1167, 1220, 1232, 1304
CONSTITUTIONAL CONVENTION214-Conventions to pass on amendments to the federal constitution _____________________695, 1021, 1032, 1114
CORPORATIONS49-Provide for revival of charter___________ 88, 181,184,203,1422
102-Aid minority stockholders to secure representation on Boards of Directors ____________________________153, 693

1534

INDEX

COTTON253-Prohibit the growing of, in 1934_ ___ 979, 1022, 1030, 1119, 1196 252-Prohibit the growing of, in 1934__________979, 1025, 1030, 1206
COUNTIES243-Chatham, commissioners, amend Act creating ______ 939, 983, 991, 1070 96-Cobb, consolidate treasurer and commissioner_________ 141 97-Cobb, consolidate tax receiver and tax collector;
create commissioner ---------------------------------- 141 271-Crawford, fix bond of sheriff______ 1199, 1218, 1233, 1280, 1431
14-Fulton, employ an attorney_________________ 58, 180, 183, 198 37-Fulton, vacancies in Board of Commissioners ________ 68, 180,
184,199,504 248-Habersham, disposition certificates indebtedness ___972, 984,
991,1040,1070,1427 169-Hall, create tax commissioner__________ 441, 503, 509, 551, 561 220-Lamar, nomination of county officers ___________696, 812, 820,
866,880,1426 225-Lamar, tax collector, settlement with State _____ 726, 811, 820,
867,880,1076,1426 245-Montgomery, reduce bond of sheriff_______ 939, 984, 991, 1040,
1070,1223,1272 6-Screven, abolish county treasurer____________ 57, 180, 183, 197 8-Screven, create Commissioners of Roads
and Revenues _____________________57,180,183,197,211,225
5-Screven, abolish Commissioners of Roads and Revenues ------------------------------57, 180, 182, 197
223-Taliaferro, abolish tax receiver and tax commissioner _____________________ 726, 812, 820, 867, 880
258-Taliaferro, reduce bond of sheriff __ 1061, 1130, 1137, 1190, 1431 179-Union, reduce bond of sheriff.______ 478, 561, 564, 605, 624, 1426 232-Walker, abolish tax receiver and tax collector;
create Tax Commissioner ________ 894, 945, 951, 980, 992, 1427 235-Walker, create commissioner of roads
and revenues _______________ 894, 945, 952, 980, 993, 1421, 1456 236-Walker, abolish Board of Commissioners of Roads
and Revenues ___________________ 894,945,952,980,993, 1427 212-Wheeler, reduce bond of sheriff__________ 695, 984, 990, 1039,
1070, 1223, 1272 255-Wheeler, amend Act creating tax receiver
and tax collector__________________1021, 1069,1140,1186,1431
238-White, abolish Board of Commissioners ____ 895, 984, 990, 1039, 1070,1223,1272
237-White, create Board of County Commissioners __ 894, 984, 990, 1039,1070,1223,1272

INDEX

1535

191-White, amend Act creating county treasurer _528, 585, 595, 633 10-Regulate salaries of clerks of county commissioners __ 58, 180, 183, 198 12-The salary of Commissioners of Roads and Revenues_ 58, 180, 183, 198 31-Amend Act regulating court costs __________ 67, 341, 355, 380 67-Enable the State Highway Department to repay counties ______________________ 99, 165, 252, 256, 438 89-Amend Act to abolish county game wardens _________ 130, 253
140-Prohibit use of convicts sentenced for felonies __ 230, 340, 355, 381, 1026, 1070
167-Provide for bonds of sheriffs ____________ 389, 503, 508, 551,561 176-Provide uniform bonds for county officers _____________ 464 180-Historic sites, monuments, acquire land for ______ 478, 622, 626,
649, 667, 1460 259-Fee system ____________________________ 1109, 1130, 1137, 1190 276-Commissions, manner of paying tax collectors ____ 1206, 1221
1233, 1281
COURT OF APPEALS76-Abolish second division oL _____________________________ 101
COURTS, CITY, COUNTY, MUNICIPAL-185-Atlanta, municipal court of, amend ________ 499, 623, 626, 650, 667,880,944 211-Atlanta, municipal court, reduce salaries and costs __ 695, 1024, 1030, 1191 141-Sparta, city court of, repeaL ___ 244, 266, 272, 291, 451, 730, 941 112-Sylvania, city court of,_ abolish _________________________ 178 130-Sylvania, city court of, abolish _____________ 218, 341, 355, 380 246-Sylvania, city court of, amend ____________ 939, 983, 991, 1040, 1070,1224,1272 249-Quitman, city court of, amend_________972, 1024, 1030, 1141, 1421,1467,1477 13-Provide for election of judges of municipal courts ____ 58, 230, 236,257
COURTS, SUPERIOR148-Amend Act as to civil and criminal cases, Cook county _____________________ 269, 501, 507, 551, 561, 1425 110-Create Ogeechee Judicial Circuit_ ___________________ 177, 201 131-Amend Act creating Ogeechee Judicial Circuit _______ 218, 341, 355,381 188-Abolish fee system in Ogeechee Judicial Circuit_ ___ 500, 612 206-Provide for four terms a year, Meriwether county __ 642, 810, 819,865,880,1183

1536

INDEX

CROPS100-Define crops and growing crops____________152, 587, 595, 922
177--Growing crops ------------------------465, 501, 509, 857, 922

D DAIRIES-
47-Regulate dairies, slaughter houses______________________ 87
DEEDS62-Limit time for making claims; validate conveyances _________________________98,1222,1231
DELINQUENT TAX COMMISSION195-To establish a _____________ 559, 806, 983, 990, 1055, 1199, 1258 88-To create a _______________________________________129, 192
DEPOSITORIES147-Amend Act regulating deposits by state treasurer__ 269, 369
DISTINGUISHED VISITORS, ADDRESS THE SENATEHonorable J. Randolph Anderson ____________________________ 638 Governor Miller of Alabama _______________________________ 855 Senators Lapsley and Scruggs of Alabama___________________ 855
DOGS268-Provide for inoculation of dogs ________________________1182

E EGGS-
183-Regulate sale oL _________________ 499, 531, 536, 855, 863, 878
ELECTIONS69-Fix time of opening and closing polls_100, 180, 184, 199, 1425
175-Fix time for holding primary elections in cities of 200,000 or rnore _________________ 465, 559,564,605,624,1424
233-Regulate state-wide elections ____ 894, 936, 983, 990, 1119, 1126
EMINENT DOMAIN68-Disposition of funds awarded __ 99, 622, 625, 720, 727, 86.3, 1243
EXECUTIVE SESSIONS ------------------22, 101, 103, 130, 135, 1444
F FARM LIFE-
70-Encourage farm life___________________ 100, 502, 507, 721, 727

INDEX

1537

FEES190-Amend Act requiring filing quarterly statement oL_528, 728, 736,856,863,878,1421,1467
FLOUR197-Regulate sale white wheat flour------------584, 727, 737, 857, 922,944,1428
FRANKLIN D. ROOSEVELT HIGHWAY2-Establish the ___________ 15, 481, 485, 523, 531, 1420, 1447, 1475

G GAME AND FISH-
23-Prohibit shooting deer______________ 60, 192, 195, 226, 469, 473 54-Regulate hunting game _____________________ 92, 192, 195, 226
9o--Abolish game and fish and tide water commissioner_130, 253 160-Protect birds, game and fish ________ 338, 467, 470, 495, 518, 531 164-Steel traps, repeal Act prohibiting_________________369, 621
165-Regulate peddlers of fish ______ 388,621, 626,855,863,878,1424 20o--Vest in county sole right to fix fees for hunting _____614, 946 207-Steel traps, repeal Act prohibiting_____________________ 662

GEORGIA WORKMEN'S COMPENSATION ACT25-Amend ____________________________61,467,469,492,504,1422
35-Arnend ____________________________ 68,624,625,661,667,14~4

77-Arnend ----------------------------------------------- 101 78-Arnend --------------------------------------------101, 243

79-Arnend ----------------------------------------------- 102

80-Amend ----------------------------------------------- 102

154-Amend

291

161-Arnend

338

GOVERNOR TALMADGEInaugural Address ----------------------------------------- 47

H
HIGHWAY CROSSING SAFEGUARDS127-Authorizing political subdivisions to maintain __ 217, 230, 530, 536,1057,1061,1102
HIGHWAY MILEAGE118-Include road from Lyons to Glennville ______ 192, 621, 625, 814, 1422,1461,1467,1512,1520
HIGHWAY PATROL129-Create a _________________________________ 218,622,625,1111
HOG SERUM151-Furnish to farrners _______ 291,502,508, 855,863,878,1421,1467

1538

INDEX

HOURS OF LABOR85-Regulate, in factories __________________________________ 129

INCOME TAX107-Amend Act to exclude property on which ad valorem tax paid _________________________________ 165
INSURANCE17-Create Fire and Fidelity Insurance Bureau ______ 59, 466,1077
123-Protect creditors and beneficiaries ________ 217, 390, 394, 492, 518,531,1423
124-Authorize non-residents to soliciL ______________ 217, 390, 394, 493,504,1423
126-Regulate the business oL __________ 217, 666, 672, 801, 806, 832 !50-Require insurers to examine property insured ________ 290, 693 201-Amend Act regulating-------------------------------_ 615 263-Regulate fire insurance _______________________ 815,1127, 1198
INTEREST3-Small loans, to reduce rates ____________________ 56, 154, 1167 48-Regulate rate _______________________________________ 87, 588
51-Small loans, to regulate rates ________________ 91, 1222, 1231
'INVITATIONSFrom Senator Sims of the 35th districL __________________ '__l5, 20 From Druid Hills Baptist Church___________________________ 76 From Veteran's Administration of Atlanta ______ ~----------- 137 From Governor Talmadge, to meet Governor Pollard of Vir-
ginia -------------------------------------------------- 152 From Honorable James L. Key, Mayor of Atlanta ____________ 189 From Commissioners of Chattooga county _________________ 244 From Captain Irving L. Daniels, Construction Engineer build-
ing Post Office, Atlanta _________________________________ 263 From Dr. Cullen B. Gosnell of Emory University ____________ 263 From the Emergency Relief Committee _____________________ 524 From Governor Talmadge, to ride in airplanes over Atlanta __ lllO From K. C. Bleckley, Deputy Clerk of the Supreme Court, to
attend memorial services for the late Associate Justice James K. Hines ---------------------------------------1399 JOINT SESSIONSTo count and consolidate vote for Governor and other constitutional officers ------------------------------------- 22 To hear address of Governor Richard B. Russell, Jr.________ 23 To inaugurate Governor Eugene Talmadge___________________ 46 To hear address of Dr. Charles H. Herty___________________ 387

INDEX

1539

To hear address of Dr. Willis A. Sutton _____________________ 439
To hear address of the Governor of Mississippi ------------- 476 To hear address of Governor Eugene Talmadge _____________ 965

J JUDICIAL COUNCIL-
39-Create a ---------------------------------------69, 717, 1376
K KIDNAPING-
I-To define ---------------------------------------15, 594, 637

L LAND TITLES-
57-To aid land titles ______________________________97, 1221, 1230
58-To prescribe notice of litigation concerning _____ 97, 1222, 1230

M
MESSAGES AND COMMUNICATIONSFrom Governor Richard B. Russell, Jr., contested election____ 15 From Governor Richard B. Russell, Jr., on the state of the commonwealth ------------------------------------------ 23 From Governor Eugene Talmadge, on present economic crisis 77 From Governor Engene Talmadge, transmitting communication of the Honorable Henry L. Stimson, Secretary of State of the United States _____________________________ 639 From Governor Eugene Talmadge, veto of Senate Bill No. 75 to amend charter of Atlanta ____ ------------------------ 715 From Governor Eugene Talmadge, on House Bill No. 182, the Tag Bill ----------------------------------------------- 724 From Governor Eugene Talmadge, on the financial situation in Georgia --------------------------------------------- 965 From Governor Eugene Talmadge, veto of Senate Bill No. 52, banking bill __________ -------------------- ____________ 1193 From Governor Eugene Talmadge, appointments ____________ 1397
MESSAGES FROM THE HOUSE-16, 17, 65, 66, 74, 90, 96, 124, 133, 146, 155, 167-169, 179, 182, 192, 194, 214-216, 231-233, 253, 266-268, 293295, 309, 310, 312, 313, 342-347, 372374, 391, 392, 418, 420-423, 444-447, 468, 469, 481-483, 504, 505, 532-535, 561, 563, 588, 589, 591, 615, 617-619,

1540

INDEX

620, 666-671, 701-704, 706, 730-732, 815, 816, 818, 877-879, 887, 888, 931934, 940-942, 947, 980, 982, 1015, 1025-1029, 1054, 1070, 1072-1074, 1111, 1132, 1133, 1183, 1184, 1186, 1222-lll25, 1272, 1274-1276, 1342-1346, 1383, 1384, 1400, 1402, 1403, 14191430, 1432, 1458-1460, 1466, 1470,
1476, 1511, 1518-1522
MILEAGEPresident addressed the Senate on House Resolution No. 53, mileage, regular session ________________________________ 134
MOTOR VEHICLES19-Amend the Motor Vehicle Act__________________________ 59 50-Fix annual fees __________________________ 88, 89, 370, 379, 413 92-Regulate use of highways __________________ 130, 145, 303, 304, 813,819,973,1008 93-Provide for safety and preservation of highways ____ 130, 146, 1055
106-Regulate motor vehicles approaching school buses 155, 370, 379,476,491,504,1423
146-Define motor common carrier AcL ____________ 269, 1126, 1183
MUNICIPALITIES149-Authorize contributions to common fund to employ attorney or rate expert_ ___________________________________ 270

N NARCOTICS-
155-Regulate narcotic drugs _______________ 307, 390, 394, 462, 475, 587,614,643,857,896,944
NIGHT WORK86-Prohibit females and minors working at night_ __________ 129
NURSING, PROFESSIONAL-260-Amend Act to regulate ______________________ 1108, 1301, 1302
0 OFFICIALS AND EMPLOYEES-
272-Regulate expenses oL _________________1199, 1221, 1233, 1310
OPTOMETRY84-Regulate ______________129, 587, 595, 721, 727, 878, 1272, 1422

INDEX

1541

ORGANIZATION OF THE SENATE-

President

5

President Pro Tern. --------------------------------------- 12

Secretary ----------7 --------------------------------------

6

Messenger _____________________________________ ----------- 10

Doorkeeper .___ ___________ ____________________ ________ _____ 10

Chaplain -------------------------------------------------- 14 Assistants to the Secretary______________________________ 86, 557 Drawing of seats ___________________________________________9,18

OVERCHARGES ON INTRASTATE SHIPMENTS203-Limit actions on ______________________________________ 615

p
PARENTAL SUPPORT103-Enforce support of children _______________________ 153, 501
PENSIONS162-Waive pensions when on State payrolls _______________ 338 104-Provide maximum pension, police departments __153, 214, 224, 237,447,468 184-Amend law applying police department of Atlanta__ 499, 559, 564,605,624,815,878
PER DIEM30-Reduce per diem of members of General Assembly__ 62, 341
PERSONAL PRIVILEGESenator Sims of the 35th district____________________________ 15 Senator Knox of the 3rd district_ __________________________ 379 Senator Tuten of the 46th district_ __________________________ 400 Senator Terrell of the 37th district_ _______________________ 525 Senator Carithers of the 27th district_ _____________________ 720 Senator Lovett of the 16th district_ _______________________ 720 Senator Colson of the 4th districL ________________________ 720 Senator Hutcheson of the 44th district_ ___________________ 720 Senator Boykin of the 29th districL _______________________ 1306 Senator Key of the 28th district__________________________1317 Senator Hubbard of the 31st district______________________1513
PRACTICE AND PROCEDURE11-Bail in habeas corpus proceedings __ 58, 230, 237, 304, 443, 457 15-Regulate lien of judgmenL_________________________59, 1077 29-Suspension of sentence effect of probating defendent 61,154,588,595,637,1420,1455 34-Regulate evidence criminal cases _________________68, 501

1542

INDEX

40-Criminal cases, regulate practice ___________ 69, 368, 443, 449 476,927,944,1395
65-Foreclosure, regulate suits ---------------------------- 99 66-Power of sale, regulate ___________99, 672, 720, 796, 1019, 1050 137-Judges and jurors in civil cases, qualifi-
cations _________229,501,507,854,863, 878,1420,1469,1470,1522 138-Relationship of jurors, new trials ____________________ 229, 501 139-Jury duty, additional exemptions _________ 229, 1221, 1231, 1303 209-Felony cases, officers prefer accusations ______ 663, 1200, 1202 215-Criminal cases, bill of particulars______ 696, 814, 820, 924, 944 216-Joinder of several cases, one defendanL_696, 814, 820, 925, 944 217-Joint trial defendants jointly indicted __________ 696, 814, 821
926,953,1263 218-Criminal cases, appeals by the State.______ 696, 814, 821, 926 219-Criminal cases, amendments of indict-
ments ________________________________696,814,821,926,1264 222-Criminal cases, waiver of indictmenL_697, 814, 821, 927, 944
PRACTICE OF LAW45-Regulate admission to _________________ 76, 213, 224, 1386, 1392
PRESENTATIONSTo the President of the Senate__________________1297, 1513, 1515 To the President Pro Tern. of the Senate ___________________1516 To the Secretary of the Senate _____________________________1516
PRIMARIES72-Provide for elections ___________________________100, 728, 809
PROPAGANDA181-Regulate _______________________________498, 1221,1231,1309
PUBLIC HEALTH193-Amend Act to revise health laws _______ 558, 727, 736, 925, 944
PUBLIC UTILITIES32-Manner of fixing rates, establishing values _____________________________ 67,154,621,625,660, 716
157-Maximum salaries of officials ________________________ 307
PURCHASES168-Regulate purchases by State departments ____________ 416

R
RADIO BROADCASTING STATIONS202-Regulate --------------------------615,643,645,856,863,878

INDEX

1543

RAILROADS46-Authorizing sale or lease of property_76, 442, 560, 564, 718, 719
REPORT of COMMISSION to investigate JUDICIAL and LEGISLATIVE branches of the STATE ------~------- 18
REPORTS FROM CIVIL DIVISIONS of the STATE108-Require reports from _______________ 165, 337, 341, 355, 492, 504
REPORTS of COMMITTEES of CONFERENCEOn House Bill No. 62-----------------------------~--------1519 On House Bill No. 182 _____________________339, 454, 719, 1404, 1521 On House Bill No. 100_____________________________________1397 On House Bill No. 403 ______________________________________1487 On Senate Bill No. 118 _____________________________________1517 On House Resolution No. 192______________________________1520
REPORTS OF SPECIAL COMMITTEESCount and consolidate vote for Governor and other constitutional officers ---------------------------------------- 23 Investigate Department of Agriculture _____________________1168 Investigate School for the Deaf at Cave Springs ____________ 1246 Under Senate Resolution No. 113__________________________1405 Under Senate Resolution No. 15_______________________1477, 1483
REPORTS OF STANDING COMMITTEESAgricuHure _________________________501,530,1025, 1131,1270,1419 Amendments to the Constitution__ 142, 181, 213, 480, 529, 701, 1023, 1220, 1386 Appropriations ______________________________ 560, 1068, 1132, 1271 Banks and Banking ____________ 155, 292, 700, 1200, 1219, 1301, 1385 Corporations ____________________________________________181,468
Counties and County Matters ____ 180, 309, 370, 417, 444, 479, 502, 531, 561, 585, 622, 643, 667, 728, 811, 812, 862, 886, 944, 983, 1022, 1025, 1069, 1130, 1201, 1218, 1254, 1272, 1387, 1402, 1431
Education and Public Schools __ 164, 371, 502, 529, 863, 946, 1067, 1219 Engrossing _____________________418,443,504,531,561, 585,624,667,
727,814,878,880,944,980,1186 Enrollment _______________418,468, 532,624,700,878,941,1070,1272
Finance ------------------------------------------728, 1130; 1458 Game and Fish___________192,253,467,530,621, 810,946,1199,1253 General Judiciary No. L--265, 340, 348, 390, 501, 530, 642, 729, 813
983,1021,1068,1221,1300,1341,1523 General Judiciary No. 2__ 213, 230, 264, 341, 391, 443; 587, 620, 699, 727,
814,944,983,1200,1221,1300,1371,1418

1544

INDEX

Halls and Rooms ------------------------------------------ 623 Highways and Public Roads ____________ 252, 371, 481, 621, 813, 1299 Historical Research --------------------------------------- 478 Hygiene and Sanitation_________________________________ 587, 1301 Industrial Relations ______________________________480, 1301, 1385 Insurance _________________________________ 389,466,623,666,1400 ~otor Vehicles -----------~----------------231, 283,370,986,1183 ~unicipal GovernmenL_182, 213, 252, 369, 466, 559, 586, 700, 810, 947,
984,1068,1218,1271,1343,1385 Penitentiary ----------------------------------------------- 340 Pensions _____________________________________390,502,1023, 1372 Privileges and Elections__________ 234, 372, 727, 729, 809, 1021, 1131 Public Library _____________________________ 292,442,587,886,1023
Public Utilities ------------------------------560, 1066, 1220, 1371 Rules ______________170,254,338,463,506,584,693,790, 806,884,937,
1041,1064,1128,1192,1216, 1269,1395;1440 Special Judiciary ______________181, 265, 308, 391, 467, 501, 530, 622,
810,1024,1254,1300,1371,1417,1418 State of the Republic _________________ 442, 644, 727, 1067, 1131, 1401
State Sanitarium ______________________________________973,1222 University System of Georgia___________________________ 230, 1067 Western and Atlantic Railroad _____________________________1247
RURAL FREE DELIVERY261-Amend motor carriers Act____1109, 1114,1126,1183,1207,1460

s
SALARIES99-Reduce salaries of officials and employees ____________________152,349, 391,394,461,473,561, 584,722,791,814,1067,1186
105-Reduce salaries of officials and employees _____________ 153 163-Prohibit officials and employees receiving
more than one salary or holding more than one position _________________ 338,501,857,920,944,1420,1465
SCHOOL CODE114-Revise the __________________177,178,179,863,864,1263,1313 184-Amend Acts to codify the school laws ____ 499, 863, 864, 930, 935,953,1120,1186
SCHOOLS231-Allocate 60 per cent motor vehicle fees to common schools__________________ 876,946,952, 1058,1070

INDEX

1545

SECRETARY OF STATECertification of Senators-elect_______________________________ 3
SECURITIES LAWS133-Amend the _______________________218,468,470,494,504,1424
SENATORS-ELECTCertification by Secretary of State__________________________ 3 Senators elected since general election_____________________ 5
SERVICE CHARGE198-Prohibit collection oL________________________________ 584
SEWAGE DISPOSAL125-Authorize construction of plants for ____________________217,467,470, 800,807,1022,1146,1425
SEWER DISTRICT113-Provide for a sewer district for Atlanta__178, 701, 707, 737, 814
SLOT MACHINES7-Prevent fraudulent operation oL___ 57, 530, 536, 577, 585, 1422
SONG SERVICEBy Miss Webster and Representatives Donaldson, Claxton, Barber and Bland____________________________ 585
STATE HIGHWAY DEPARTMENT67-Enable the highway department to repay counties _______________________________99,165,252,256,438
128-Provide for collection and deposit of highway funds ____________ 218, 643, 645, 697, 790, 833, 1133, 1134,1135,1136,1174,1272
264-Amend Acts to reorganize the _____ 1128, 1198, 1254, 1265, 1461 196-Require employment of convicts______ 559, 813, 819, 1055, 1070 158-Amend Acts to reorganize the ________________________ 337
91-Divert $7,500,000 from highway funds __________________ 130 81-Divert $4,014,278 from highway department___________ 128
STATE HIGHWAYS24-Prohibit county participation in State Highway construction _________ 60, 244, 252, 305, 319, 482, 504
STATE REVENUE COMMISSION186-Abolish the __ --------------------------------------528, 644
STOCKHOLDERS, MINORITY102-Aid in securing representation on boards of directors_153, 693

1546

INDEX

STREET RAILWAY FARES101-Right to fix __________________________________________ 153
SURETIES28Q-Return payments on recognizances __________ 1227, 1301, 1302

T TAXES, TAXATION-
21-Taxes paid condition precedent to collections__________ 60 28-Fi fas issuable against single owner________ 61, 265, 270, 332 71-Limit ad valorem taxes for county purposes ____________ 100 109-Fuel distributors, occupation tax______________________ 174 153-Tax out door advertising ___________________________ 291, 693 189-Prohibit taxing agricultural products ___ 500, 531, 536, 924, 944 213-Regulate issuing fi fas _______ 695, 812, 820, 866, 880, 1184, 1457 226-Reduce taxes on Professions _________________808, 1222, 1232 247-Provide for recording fi fas ____________938, 1022, 1030, 1119 257-Regulate sale under fi fas ______________1052,1200,1202,1264
TEXT-BOOK COMMISSION98-Amend Act creating a _____________ 152, 529, 536, 721, 796, 814
251-Amend Act creating a ________1020, 1068, 1110, 1140, 1186, 1428 266-Repeal Act creating a _________________________________1182
TREASURY, STATE42-All revenues payable into_____________________________ 75
TRIBUTETo President-elect Franklin D. Roosevelt on the anniversary of his birthday--------------------------- 606 To the President of the Senate ___________________________1516 To Senator Moore of the 47th district_______________________ 1442 To the attaches of the Senate _____ ------------------------1522
u
UNDERTAKERS94-Misdemeanor to give rewards to secure business -------------------------------------141,1200,1202
UNIVERSITY SYSTEM OF GEORGIA119-Provide for further econorny ____196,225,231,335,382,483,504 120-Authorize Regents to increase efficiency ______________________196, 225,231,335,382,483,504 121-Change the Fiscal Year________ 196,225,231,335,382,483,504

INDEX

1547

v
VEToOf Senate Bill No. 75___________________________________715, 716 Of Senate Bill No. 52 _______________________1193, 1244, 1245, 1296

w
WARD REPRESENTATION277-Wards to be represented on governing bodies of cities_________________________1206, 1221,1233,1281
WAR VETERANS242-Amend Act licensing_________________________940, 1222, 1232
WATER WORKS122-Provide for bonds for vvater vvorks ____________________ 217
WHITE AND COLORED RACES131-Felony to have improper relations ______ 218, 265, 270, 493, 504
WILLS62-Limit time for claims; to validate conveyances __98,1222, 1231

1548

INDEX

PART II.
SENATE RESOLUTIONS.
1-Amend the Constitution to provide for passage of local and special bills ------------------------------ _________14, 701
2-Amend the Constitution to provide for a Lieutenant Governor ------~----------------------------14,181,185,204,241
3-Joint session to canvass vote_____________________________ 8
4-Inaugural committee ------------------------------------- 8 5-Adopt standing rules of previous session___________________ 9
6-Select a chaplain ----------------------------------------- 9 7-To notify House that Senate is organized_________________ 7 8-To notify Governor that General Assembly is organized____ 7 9-Drawing of seats ----------------------------------------- 9 10-To ratify amendment to Constitution of the United States
to fix commencement of terms of President, Vice-President and members of Congress ______________________ 19, 142,146
11-Thanking Senator Sims for Dinner at Henry Grady HoteL__ 20 12-That the Senate adjourn at the close of the joint session____ 21 13-Commission to survey the State Departments _________ 56, 65, 501 15-Committee to investigate Text Book Com-
mission ________________________________ 56,164, 166,186,391,418
16-Amend the Constitution to reorganize the Judicial System 62, 223 17-Committee to survey State Departments ____ 62, 65, 1221, 1230, 1381 18-Committee to investigate prison camps _________ 63, 340, 356, 383 19-Inviting President-elect Franklin D. Roosevelt to ad-
dress the General Assembly_______________________________ 66
20-Requesting the State Board of Education to annul contracts for text books ________________ 69, 164,166,187,392,412,418
21-Providing for roster of Confederate Soldiers_______________ 69 22-Limit the number of attaches of the Senate __ 70, 75, 146, 149, 170 23-Expressing appreciation of the memorial erected on the
Capitol grounds to United States Senator Thomas E. Watson_ 70 24-Thanking Miss Moina Michael, "the Poppy Lady," for
beautiful red carnations __ -------------------------------- 71 25-Sympathy on the death of Mr. Dillard Elliott .. ____________ 90 26-Requesting the Public Service Commission to reduce rates__ 76 27-Directing judges to postpone trials involving sale under
mortgage ________________________ -- _____________________ 90, 251
28-Providing that Congress establish a new system of currency_ 91 29-Providing for an exhibit at Century of Progress Exposi-
tion at Chicago ------------------------------------------- 91 30-Providing that the Highway Department pave a road
near Tifton _____________ 102, 372, 374, 481, 485, 522, 531, 1429, 1456

INDEX

1549

31-Changing the name of the Committee on the University of Georgia and its Branches to the UNIVERSITY SYSTEM OF GEORGIA -------------------------------------- 120
32-To notify the House that the Senate has reconvened in
regular session ------------------------------------------ 123 33-Providing that the Senate adjourn five minutes before the
time fixed for adjournment in honor of General Robert Edward Lee's birthday anniversary----------------------- 125 34-Providing that the General Assembly stand for one minute in silent tribute, in honor of the anniversary of the birthday of General Robert Edward Lee ______________ 126
35-Changing the name of the Committee on Commerce and Labor to Industrial Relations _____________________________ 128
36-To encourage contributions toward the expenses to Washington of the Atlanta Battalion, United States Naval
Reserve -------------------------------------------------- 141 37-Inviting President-elect Franklin D. Roosevelt to address
the General Assembly ----------------------------------- 149 38-To prohibit purchase of automobiles by State
Departments ___________________________ 154,413,443,460,466, 661
39-Amend the Constitution to authorize General Assembly to change salaries of State officers _________________l55,481,485
40-Providing that the Highway Department furnish estimate of revenue for the year 1933 __________________176,201,349
41-Providing for appointment of delegate to American Legislator's Association at Washington _____________________ l76, 202
42-Appropriate money to publish records of Georgia Soldier Roster Commission --------------------------------------- 177
43-Committee to investigate Department of Agriculture __ l87, 201, 343
44-Expunged. 45-Inviting Dr. Charles H. Herty to address the General
Assembly ______________________________________________ 204, 253
46-To furnish law books to J. M. Dodd, justice of the peace ____________________________________ 219,291, 292,332,1428
47-Inviting the Governor and the Tax Commissioner of Mississippi to address the General Assembly ___________ 220, 342
48-Recommending appointment of the Honorable Jesse Isidor Straus as Secretary of Commerce __________________ 251
49-Amend the Constitution to fix term of Governor at four years ______________________________ 258,529,537, 639,659,662,679
50-Committee to consider feasibility of attending inauguration at Washington ____________________________________ 272,342
51-Committee to investigate the State Highway Department _______________________________________ 292,325,361

1550

INDEX

52-Inviting Dr. Willis A. Sutton to address the General
Assembly ----------------------------------------------305,342 53~To furnish law books to ordinary of Habersham
county -------------------------------307,479,485,522,531,1428 54-Favoring passage of bill limiting working hours provided
other States enact similar legislation ______________________ 308
55-To furnish law books to H. G. Thompson, justice of the
peace ---------------------------------------------308,512,568 56-To furnish law books to R. J. Guinn, 655 Militia
District _______________________________________ 308,479,513,568
57-Thanking Honorable Clifford L. Smith for writing a history of Troup county___________________________________ 308
58-Providing that Senate Bills 119, 120 and 121 be made a
special order --------------------------------------------- 339 59-Relieve Oliver Williams as surety __________ 337, 390, 436, 443, 1429 60-Joint session to hear Dr. Charles H. Herty_____________ 356, 374 61-Sympathy on account of illness of Senator Knox of the
3rd district ----------------------------------------------- 368 62-To furnish law books to Sam P. Jones, justice of the
peace ------------------------------------------389,479,513,568 63-Requesting State Auditor to furnish information as to
salaries in Department of Agriculture ____________________ 389
64-Committee to make survey of institutions supported by State funds ___________________________________________389,501
65-Joint session to hear address of Dr. Willis A. Sutton ___ 415, 423 66-That Senate adjourn for five minutes in honor of the
anniversary of the birth of Alexander H. Stephens ------- 434 67-Joint session to hear address by the Governor of
Mississippi ____________________________________________ 441,446
68-Amend the Constitution to authorize counties to levy taxes in Independent School Districts ________ 440, 863, 1055, 1167, 1215,1269,1293,1317
69-Requesting Congress to limit the manufacture of cotton duck at the federal prison in Atlanta ____________________ 466
70-Providing that the committee canvassing salaries make their report to the committee on appropriations ___________ 484
71-Providing for applying part of Riot Fund toward expenses of Atlanta Battalion Naval Reserves at Wash-
ington -------------------------------------------------484,618 72-Fixing the order of business ______________________________ 496
73-To exempt certain property from ad valorem taxes ________ 499 74-Approving the bill introduced by United States Senator
E. D. Smith to restrict the production of cotton _________525, 591 75-Expressing appreciation of the address of the Governor
of Mississippi -------------------------------------526,588,607

INDEX

1551

76-Thanking Honorable Lindley W. 'Camp, Adjutant General, for courtesies shown the Governor of Mississippi_ ____ 527
77-Thanking the Tax Commissioner of Mississippi for his interest in Georgia tax problems _______________________ 527, 591
78-Thanking Honorable A. L. Belle Isle for assisting in the entertainment of the Governor and Tax Commissioner of Mississippi _________________________________________527,592
79-Providing for refund of license taxes on motor vehicle tags purchased prior to reduction of fees __________ 528, 561, 671
80-To furnish law books to Cook county _____________ 528, 594, 633 81-Providing that House Bill No. 182 be made a special
order --------------------------------------------------573,584 82-Providing that Senate Bill No. 99 be placed on calendar __ 574, 585 83-Recommending appointment of Honorable Gordon G.
Singleton as United States Commissioner of Education _____ 612 84-To furnish law books to the judge of Blue Ridge
Circuit ___________________________________________ 641,833, 1132
85-To authorize payment pensions accrued to Confederate Veterans and their widows ________________________________ 641
86-Providing that State Highway Department pave road from Cochran to Middle Georgia College ____________ 663, 813, 819
87-Committee to attend the funeral of Representative Eugene S. Lane ----------------------------------------- 665
88-0n the death of the Honorable Eugene S. Lane, Representative fron1 Jenkins county__________________________ 663,667
89-Sympathy on account of illness of Honorable J. Ellis Pope, Representative from Toombs county________________ 665
90-Providing for enforcen1ent of Rule 11L__________________ 694
91-Meinor,ializing Congress to pass United States Senate Bill No. 1197 __________, __________________________________ 698
92-Providing that Senate Bill No. 128 be made a special order__ 790 93-Providing that Senate Bill No. 128 be n1ade a special order__ 796 94-0n the death of United States Senator Thomas J. Walsh_854, 934 95-Committee recommend legislation in connection with the
present financial en1ergency ___________________________ 876,877
96-0n the death of the Honorable Anton J. Cern1ak, Mayor of Chicago ___________ ------------------------------------ 892
97-Exeinpting certain personal property fron1 taxation ____ 940, 1131 98-Providing that $2,070 of cigar taxes be applied to pay-
Inent of pension checks caught in insolvent
banks --------------------------------------980,1131,1138,1204 99-To furnish law books to 15 justices of the peace of
Walker County _________________________________1021, 1076, 1141
100-To permit Georgia Bi-Centennial Commission to place tablet on the wall of corridor State CapitoL ____1062, 1224, 1272

1552

INDEX

101-Providing that Georgia Congressmen use their influence to inflate the currency _______________________________1064,1132
102-Expunged. 103-Expressing confidence in President Franklin D. Roosevelt_ __ l214 104-Committee to codify the insurance laws __________________l226 105-Providing that the State Treasurer sue the bondsmen of
the former Commissioner of Agriculture, the Honorable Eugene Talmadge --------------------------1227, 1298, 1306, 1352 106-Providing for costs of candidates running for State ofiices -----------------------------------------------1242,1297 107-Authorize Governor to appoint additional members to Georgia Bi-Centennial Commission ------------------------1243 lOS-Thanking Governor Talmadge for entertaining the Senate by airplane flights over Atlanta___________________l260 109-Expressing admiration and gratitude to Miss Martha Berry for her achievements at the Berry School __________l306 110-Providing that conference committee on House Bill No. 182 report not later than tomorrow _______________________1310 111-Providing that Senate Resolution No. 15 be referred to a committee for verification of figures contained therein ____ l352 112-Beer resolution, tabled. 113-Providing that General Assembly meet on Monday, March 20, 1933, and adjourn sine die not later than 11: 59 o'clock P. M. that day -------------------------------------1399, 1413 114-0n the death of the Honorable Robert J. Lewis of Sparta ___ l444 115-Thanking the Macon Telegraph for presenting the daily paper to members ---------------------------------------1475 116-Providing that the ofiicers of the Senate prevent any in terference with the clock in the Senate Chamber___________ 1512 117-Notify the House that Senate is ready to adjourn sine die __ 1523 118-Notify Governor that General Assembly is ready to ad journ sine die --------------------------------------------1523 119-Thanking Senator Weaver of the 25th district for a box of japonicas ---------------------------------------------1191
RESOLUTIONS OF SYMPATHYOn the illness of Senator Boykin of the 29th district________ 93 On the illness of Senator Cloud of the 19th district_ _______ 637 On the illness of Senator Groover of the 49th district_ __._____ 137 On the illness of Senator Knox of the 3rd district__________ 399
RESOLUTIONS EXTENDING PRIVILEGES OF THE FLOOR-
Allen, Wade ----------------------------------------------1110
Bailey, H. P. ---------------------------------------------- 185 Barron, Mrs. G. A. ---------------------------------------1035

INDEX

1553

Banks, R. ------------------------------------------------ 414 Beazley, J. A. --------------------------------------------- 698 Bland, ~rs. D. G. ----------------------------------------- 456 Bland, Harriett ------------------------------------------- 453 Brovvn, J. P. ----------------------------------------------- 491 Brumby, Otis A. ------------------------------------------ 161 Bryan, Thomas VV. ________________________________________1204
Burgin, J. E. ---------------------------------------------1018 Burvvell, VV. H. -------------------------------------------- 277 Byron, T. VV. ---------------------------------------------- 165
Campbell, ~rs. Pat ________________________________________1104 Carithers, ~rs. H. A. ______________________________________1295
Carlisle, J. Ira ---------------------------------- ___________ 127 Cason, ~rs. J. P. ------------------------------------- ______ 103 Cason, Evelyn --------------------------------------------- 826 Cason, Junius A. ------------------------------------------ 826 Castleberry, P. J. ------------------------------------------ 698 Clary, E. D. ---------------------------------------------- 348 Clements, Claude _____________________________________165, 1204
Claxton, ~rs. C. S. ---------------------------------------- 131 Cobb, Roy ------------------------------------------------- 675 Collier, J. C. --------------------------------------------77, 220 Cooly, Pemberton ----------------------------------------- 249 Curry, Inman ---------------------------------------------- 161
Daly, E. E. ------------------------------------------------ 936
David, A. B. ---------------------------------------------- 166 Davidson, H. A. _____________________'_ _____________________ 1214
Dickerson, ~rs. R. G. ------------------------------------- 518 Donaldson, R. F. ------------------------------------------ 220 Dorrfs, VV. H. --------------------------------------------- 378 Dorsey, John H. ------------------------------------------1296 Dozier, A. ------------------------------------------------- 826 Dozier, ~rs. ----------------------------------------------- 73 Duckvvorth, VV. Henry ------------------------------------ 167 Dukes, J. D. ---------------------------------------------- 249 Dunaway, VV. T. ---------------------------------------136, 1242
Earnest, H. G. -------------------------------------------- 127 Elder, H. H. ----------------------------------------------- 127 Elliott, R. E. ---------------------------------------------- 697 Ellis, R. C. -----------------------------------------------1447 Evarts, VV. ~- -------------------------------------------- 698
Feltharn, F. ~- -------------------------------------------- 608 Feltharn, ~rs. P. ~- --------------------------------------- 579

1554

INDEX

Fleetwood, Milton --------------------------------'--------- 378 Freeman, Alvan II. ----------------------------------------1242 Fudge, Mrs. ----------------------------------------------- 73
Gables, F. E. ---------------------------------------------- 734 Garden, Alan C. ------------------------------------------ 465 Gaskins, Newton ------------------------------------------ 414 Gill, Edward ----------------------------------------------- 491 Gibbes, Virginia P. ---------------------------------------- 185 Gilbert, C. C. ----------------------------------------------1214 Goode, George --------------------------------------------1007 Graves, B. II. ---------------------------------------------1007 Griswell, Charles F. --------------------------------------- 128 Guillibeau, J. E. -------------------------------------------- 318
IIaddock, IIenry ------------------------------------------ 826 IIaddock, J. D. ____________________________________________ 1242
IIamilton, E. R. --------------------------------------936, 1035 IIammock, R. E. -------------------------------------------1415 IIarbin, T. W. --------------------------------------------- 698 IIarrison, Robert _____ 1265 -L-- __________________________________ Flays, Dr. W. C. -------------------------------------~----- 379 IIill, 0. W. ------------------------------------------------ 491 IIobbs, Elizabeth ------------------------------------------ 453 IIoward, John W. __________________________________________1018 IIutchins, IIal -------------------------------------------- 734
Jackson, Azalee -------------------------------------------- 77 Johnson, George S. ________________________________________1447
Johnson, IIammond ---------------------------------------- 299 Johnson, II. T. -------------------------------------------- 936 Jones, W. B. ----------------------------------------------- 491 Jordan, Mrs. C. C. ------------------------------------------ 552
J(ennedy, R. J. --------------------------------------------1441 J(ey James L. -------------------------------------------- 490 !(itchens, Dr. ______________________________________________1007
J(nox, Frances -------------------------------------------- 676
Legg, IIomer _____________ -,---- ____________________________1242
Lewis, J. R. -------------------------------------------136, 205 Little, Dr. ------------------------------------------------- 896 Lovett, Mrs. W. II. ---------------------------------------- 132
McCanless, E. M. ----------------------------------------- 299 McDaniel, J. W. ___________________________________________1296 McElroy, Dr. S. L. ----------------------------------------- 161

INDEX

1555

~cGee, J. 0. ---------------------------------------------- 249 ~cKimmie, ~rs. C. R. ------------------------------------- 973 ~cLaughlin, C. F. ----------------------------------------- 167 ~cWhorter, Adelaide --------------------------------------1128 ~ann, ~rs. W. E. _________________________________________1442 ~ay, E. R. ---------~--------------------------------------1242 ~itchell, John H. ------------------------------------------1468 ~older, H. G. ---------------------------------------------- 642 ~oon, Louis ---------------------------------------------- 608 ~oore, J. B. ________________________________________1035, 1296 ~oore, Wiley L. ------------------------------------------- 127 ~organ, S. H. --------------------------------------------- 299 ~orris, Fred, Jr. -------------------------~----------------1104 ~oseley, L. 0. --------------------------------------------- 127
Neisler, C. H. -------------------------------------------93, 642
Officers of the Georgia Division of United Daughters of the Confederacy --------------------------------------- 579
Oliver, ~rs. T. W. ---------------------------------------- 734 Oliver, ~ary ______________________________________________ 1204
Orr, Eleanor ---------------------------------------------- 318 Overstreet, E. K., Jr. ______________________________________1204
Palmer, Dr. J. W. ----------------------------------------- 636 Peterson, Jim ______________________________________________1008
Peterson, Hugh -------------------------------------------- 734 Pearce, D. D. ---------------------------------------------- 676 Phinizy, Hamilton ----------------------------------------- 552 Pidcock, ~rs. C. W. --------------------------------------- 579 Pierce, Ben -----------------------------------------------1391 Pierce, D. D. ---------------------------------------------- 318 Pittman, A. J. --------------------------------------------- 896 Pope, D. H. ------------------------------------------------1242 Portwood, Dr. E. F. ---------------------------------------- 698 Powell, B. ------------------------------------------------- 698 Pratt, Clifford --------------------------------------------- 249
Quarles, ~iss _________ --------------------------- _________ 1341 Quarterman, John -----------------------------------------1468
Raines, Gussie G. ----------------------------------------- 161 Rivers, Dr. and ~rs. W. A. _________________________________ 1391 Roberts, ~rs. J. B. ---------------------------------------- 972 Roberts, Erastus ------------------------------------------ 637 Rogers, John, J~ _________________________________________ 1035 Rosser, Ralph _____________________________________________ 1057

1556

INDEX

Sale, S. S. ------------------------------------------------1242 Saxon, J. II. ---------------------------------------------- 698 Scarlett, Frank ________________________ ----- _______________1035 Sheffield, ~rs. A. B. --------------------------------------- 608 Sims, VV. F. ----------------------------------------------- 642 Sparks, ~rs. G. ~- ----------------------------------------- 103 Sparks, ~arguerite ---------------------------------------- 103 Stalter, VViley ---------------------------------------------- 579 Stancil, Prof. VV. VV. ______________________________________1110
Stapleton, E. J. ------------------------------------------- 136 Stark, Gus ------------------------------------------------- 637 Stark, VV. VV. --------------------------------------------- 220 Stovall, Judge J. Glenn ____________________________________1215 Stratton, Joseph P. _______________________________________1215
Talmadge, ~rs. Eugene -----------------------------------1008 Tanner, E. L. ____________________________________________1295
Taylor, ~rs. Sarah ----------------------------------------1127 Terrell, ~rs. J. Render, Jr. -------------------------------- 299 Thomas, VV. Glenn ---------------------------------------- 299 Thompson, N. L. ------------------------------------------ 319 Thompson, E. II. ----------------------------------------1018 Tillman, L. R. --------------------------------------------- 608 Tillman, ~rs. ---------------------------------------------- 63 Traylor, Alf A. --------------------------------------------- 936 Tuggle, VV. T. --------------------------------------------- 465
\'andiviere, II. G. ----------------------------------------- 128
VValker, J. C. --------------------------------------------- 465 VValker, J. R., Jr. ------------------------------------------ 319 VValls, J. 0. ----------------------------------------------- 152 VVatkins, VV. E. -------------------------------------------- 414 VVebb, ~rs. ----------------------------------------------- 220 VVells, J. VV. ---------------------------------------------- 698 VVhite, ~rs. VV. E. ---------------------------------------- 936 VVhitely, J. VV. -------------------------------------------- 642 VVhittle, Gary ---------------------------------------------- 936 VVilburn, Sam P. __________________________________________1215
VVilburn, S. P. -------------------------------------------- 896 VVilliams, Jack -------------------------------------------- 378 VVoodard, Emily -------------------------------------------1296 VVyatt, E. II. ---------------------------------------------- 734 'Vyatt, Joe. ------------------------------------------------ 248
Zellars, B. B. --------------------------------------------- 220

INDEX

1557

PART III.

HousE BILLS, IN THE SENATE.

A AIRPORTS-
439-0peration of _______________________________1056, 1075, 1167
APPROPRIATIONS403-Appropriations for the operation of the State Government____________958, 1272,1319,1369,1372 1380,1403,1404,1511,1518 671-Additional appropriations for Legislative Department_ ______ 1036, 1132, 1140, 1261, 1269, 1429
AUTOMOBILES152-Felony to enter for larceny____________158, 390, 396, 858, 1130
AVIATION437-Regulate ------------------------------1018,1075,1167,1255

B BAILIFFS-
6-Salary of speciaL ___________________________ 160, 390, 394, 437
BALLOT265-Amend Act of August 21, 1922 __________ 1037, 1132, 1138, 1238
RANKS AND BANKING779-Preserve present status oL _____________________________ 1392 828-Amend banking laws ___________________ 1382, 1385, 1394, 1470
BOARD OF HEALTH62-Reorganize the State Board of-________ 316, 443, 1401, 1511, 1522

c
CEMETERIES758-Amend Act to permit establishment oL_1176, 1201, 1203, 1239
CHARTERS438-Alamo -------------------------------------427, 560, 566, 598 147-Albany ____________________________ 275, 370, 376, 379, 404, 444 750-Albany ___________________________________ 956,985,989,1049 426-Alma _____ ______ ___ ____ __ ___ ____ _____ ____ ___ __ _________ 555

1558

INDEX

509--Alrna --------------------------------------581,811,822,870 41--Atlanta ____________________________________ 245,466,471,487
254--Atlanta -----------,------------------------222,466,470,488 559--Atlanta ------------------------------------859, 985, 986, 1043 663--Atlanta ___________________________________713,985,987,1082.
664--Atlanta -----------------------------------713, 985, 987, 1044 789--Atlanta _______________________________________________ 1178 790--Atlanta ___________________________1241,1271,1279,1367, 1430 604--Augusta ___________________________________ 890,944,948,996 606--Augusta ___________________________________712, 811,823,871
607--Augusta -----------------------------------713,811,823,871 608--Augusta -----------------------------------114, 811, 824, 872
31--Bainbridge ________________________________221, 252, 255, 273
766--Bainbridge ----------------------------1056, 1067, 1109, 1144 440--Baxley ____________________________________ 428,560,566,598
427--Blackshear ------------------------------555, 560, 565, 597 707--Blakely _______________ 959,985,988, 1047,1084,1103,1142,1353
829--Blue Ridge ---------------------------------1295, 1342, 1350 806--Calhoun -------------------------------1179, 1271, 1279, 1356 788--Carnilla _______________________________ 1178, 1219, 1235, 1284 710--Canton ___________________________________959,985,988,1047 691--Carrollton ________________________________ 954, 985, 987, 1045 692--Carrollton ______________________________ 955, 1024, 1033, 1083 693-Carrollton ________________________________ 955, 985, 987, 1045 831-Cedartovvn _____________________________1295,1342, 1350,1391
571--Charnblee -----------------------------1036,1069,1075,1142 854--College Park ___________________________ 1349, 1386,1395,1439 58--Colquitt ___________________________________ 221,252, 255,273 823--Colurnbus _____________________________1294, 1342,1350,1391
822--Colurnbus -----------------------------1294,1342,1350,1390 658--Cornrnerce ____________________________ 803,811, 825,875,882 752--Cravvfordville _____________________________ 958, 985, 989, 1049
670--Decatur -------------------------------1241,1271,1279,1355 767--Deepstep ______________________________ 1107,1130,1139,1189 587--Druid Hills ____________________________ 1240, 1271, 1279,1437 791--Dublin ________________________________ 1178, 1219, 1236, 1285 549--East Point ________________________________ 954,985,986,1043 535--Eatonton __________________________________ 803,812,822,871 311--Elberton ___________________________________258,369,377,408 313--Elberton ___________________________________ 490,572,586, 596 742--Fairburn ______________________________ 1017, 1069,1075,1143 740--Fairburn ______________________________1017,1069,1075,1140 775--Fitzgerald _____________________________1187,1219,1235,1283
390--Guyton ------------- ________________________ 490, 586, 592,629

INDEX

1559

200--IIazelhurst ________________________________ 222,252,255,274 741--Hogansville ---------------~---------------958, 985, 989, 1048 382--Ilomerville ---------------------------~----425, 559, 565, 597 837--IIomerville _________ --------- ------------- _- __________ 1348 681--Jackson -------------------------------1037,1069,1075,1142 565--Jasper _____________________________ 805, 1025,1052,1091,1275 481--LaGrange __________________________________ 609,701,708,754 572--Lawrenceville ______________________________ 859, 947, 949, 995 540--Leesburg ______________________________________ 552,560,566 708--Lithia Springs _____________________________ 859, 862,865,882 583--Lithonia ___________________________________ 711, 811, 823, 865
413--Louisville -----------------------------------426, 559, 565, 597 347--]dacon _________________________________276,466,471,517,600
243--]danchester ----------------------~---------222,252,255,274 762--]dillen ---------------------------------1177,1219,1235,1282 810--]doultrie ______________________________________________ 1188 163--]dountain Park _____________________________ 257,369, 376, 406
26--Newnan ___________________________________ 221, 252, 255, 272
88--Newnan _____ ------------------------------222, 252, 255, 274 672--Newnan __________________________________ 959, 985, 987, 1044 834--Newnan _______________________________1349, 1386, 1394, 1438 628--North Iligh Shoals ________________________ 804, 811, 825, 874 685--Rome ------------------------ ______________ 954, 985, 987, 1044 160--Savannah _____________________________ 301, 370,376,400,444 785--Savannah _____________________________1241, 1271, 1279, 1356
773--Stone ]dountain ------------------------1177,1219,1235,1283 244--Thomaston ________________________________ 247, 369, 377, 402 844--Thomaston _____________________________ 1348, 1386, 1394, 1439
512--Thomasville -------------------------------554, 560, 566, 599 690--Tifton ----------------------------1176,1264,1277,1317,1401 581--Tifton __________________________________691, 701, 708, 755, 887
556--Trenton -----------------------------------859,947,949,995 761--~aycross _______________________________________ 1176, 1182
640--~aycross -----------------------------------------804,1181 662--~rightsville _______________________________ 859,947,950,993
CIIIROPODY-141--Regulate practice oL _________________________ 881, 1221, 1378
CODE A]dEND]dENTS-34--Section 1169, redemption of land sold ______________ 450, 501 38--Section 260, perjury _______________________ 316,443,448,858 37--Section 111, kidnaping _________________________ 315, 390, 395 68--Section 4942, examinations, graduates ______ 221, 395, 521, 619
107--Section 4831, salaries Judges ________________ 580, 623, 627, 673

1560

INDEX

117-Section 5268, affidavit as to judgments____ 690, 1068, 1078, 1205 119-Section 657 and 676, suffrage ___________ 1347, 1413, 1454, 1459 157-Section 913, elections of city officers ________246, 369, 376, 406 159-Section 862, Tax Assessors, appeal decision __ 246, 390, 397, 431 165-Section 1225, Tax officials __________________301, 370, 376, 407 266-Section 6534, salaries of Judges _____ 302, 623, 627, 651, 671, 697 272-Section 695, road taxes _________________ 363,416, 417,452,1265 295-Section 695, road duty______________________ 490, 531, 537, 570 300-Section 813, jury commissioners________ 1105, 1200, 1203, 1239,
1260,1262,1397 370-Section 695, road duty __________________________ 365,418,452 404-Section 1207, bonds of
tax collectors ____________________1175, 1182, 1272, 1278, 1378 486-Repeal all sections as to pilotage________803, 1025, 1031, 1080 498-Section 824, jurors, qualification ___________________ 609, 1181 499-Section 811, grand jurors, qualification ______________ 635, 1181 648-Section 4906, bond sheriff Schley county ____802, 983, 986, 1043
CODE OF LAWSlOo-Adopt code of laws approved by Code Commission________ 610, 643, 645, 1167, 1184, 1246, 1403
COMMON CARRIERS127-Limit time making claims intra-state shipments -~---------------------------------881,1074,1260
CONFEDERATE SOLDIERS118-Fund to pay past due pensions____________________ 715,1130
CONFEDERATE SOLDIERS HOME277-Amend Acts regulating_________________1105, 1372, 1376, 1388
CONSTITUTIONAL AMENDMENTS42-Create a new senatorial districL _______________ 275, 1377, 1386 51-Classify property for taxation ______________ 610, 679, 728, 735 52-Providing that municipalities may issue bonds for public utilities ____________634, 1269, 1297, 1371, 1397 71-Authorize Spalding county to 'borrow money__554, 643,645,677
145-Providing for merger of City of Albany and County of Dougherty ___________________1017,1023,1031,1085
COUNTIESSOl-Appling, amend Act creating Board of Commissioners________________1108, 1130, 1139, 1190 417-Atkinson, provide for agriculture agents _______________ 426

INDEX

1561

768-Atkinson, amend Act creating Commissioner -------------- ____________1177, 1201, 1203, 1239
523-Bacon, amend Act creating criminal courL581, 1222,1235, 1282 321-Barrow, abolish County Treasurer__________ 450, 945, 948, 997 318-Barrow, abolish Tax Receiver and Tax
Collector; create Commissioner_ ____248, 309, 360, 379, 380, 445
647-Ben Hill, amend Act fixing salary chairman Board of Commissioners -------------------802,811,825,874
547-Berrien, amend Act creating Board of
Commissioners -----------------------------582,812,822,869 9-Bibb, abolish the road board of Bibb County_____172, 309,357 128-Bibb, merge governments Macon
and Bibb County ______________________275,466,470,517,1262
434-Bibb, consolidate Tax Receiver and Tax Collector; create commissioner ---------------------------412,444,517
519-Bibb, amend Act creating Board of Commissioners ____________________ 552, 586, 594, 632
753-Bleckley, fix bond of sheriff____________ l106, 1130, 1139, 1189
334-Brantley, amend Act to abolish county
treasurer ----------------------------------425,561,565,596 443-Brantley, amend Act creating Tax Commissioner_428, 566, 599 444-Brantley, create Commissioner of Roads
and Revenues -----------------------------428, 561, 566, 599 445-Brantley, amend Act creating Commissioner of
Roads and Revenues _______________________428,531,538,572 590-Brantley, reduce bond of sheriff____________711, 812, 823, 865
847-Brantley, amend Act creating Tax Commissioner _____________________1348, 1387, 1394, 1439
840-Brooks, consolidate Tax Receiver and Tax Collector ________________1347, 1376, 1394, 1432, 1448,1459
626-Candler, repeal Act creating Board of Commissioners ____________________ 714, 813, 825, 873
627-Candler, create Board of Commissioners ____ 712, 813, 825, 874 184-Chatham, amend Acts relating to
Board of Education ------------------------248,371,377,407 786-Chatham, amend Act creating
Commissioners ------------------------1188, 1218, 1235, 1389 846-Chatham, abolish County Treasurer_1348, 1386, 1394, 1435, 1459 330-Chattooga, abolish County Treasurer_______ 580, 945, 948, 1005 524-Chattooga, abolish Commissioners of
Roads and Revenues -----------------------691,945,949,998 225-Clarke, abolish County Treasurer_________ 257, 1371, 1376, 1388 226-Clarke, abolish Tax Receiver and Tax Collector;
create Tax Commissioner -------------------------276, 1419

1562

INDEX

172-Clay, reduce bond of sheriff________________ 172, 390, 397, 431 378-Clinch, repeal Act creating Board of
Commissioners ____________________________365, 503, 511, 542
379-Clinch, create Board of Commissioners _____ 411, 503, 511, 542 285-Cobb, consolidate Tax Receiver and
Tax Collector _____________________________ 276, 371, 377, 403
286-Cobb, consolidate office of County Treasurer _____________ :_ _______ 276, 371, 377, 403, 445
302-Coffee, repeal Act creating Board of Commissioners _________________________________317,1126
303-Coffee, create Commissioner of Roads and Revenues ---------------------------------610,636,1126
371-Coffee, amend Act to abolish Tax Receiver and Tax Collector __________________________ 365,48~487,516
820-Coffee, amend Act to abolish Tax Receiver and Tax Collector ______________________ 1294, 1402, 1416, 1438
283-Colquitt, abolish Tax Receiver and Tax Collector -------------~----------------258,480,487,516
284-Colquitt, create Tax Commissioner and Assistant Tax Commissioner ____________ 276, 480, 487, 516, 525, 550, 619
456-Colquitt, abolish County Treasurer_ ________ 553, 58o, 593, 630 782-Colquitt, abolish Board of
Commissioners ------------------------1107, 1300, 1302, 1356 783-Colquitt, create Commissioner of
Roads and Revenues ______________1178,1300,1303,1357,1402 495-Cook, abolish Tax Receiver and Tax Collector;
create Tax Commissioner __________________ 691, 812, 821, 868
545-Cook, abolish old create new Board of Commissioners ------------------------------------636, 812
27-Coweta, abolish Tax Receiver and Tax Collector; create Tax Commissioner____________________ 300, 416,417, 457
802-Crisp, abolish fee system ______________1294, 1300, 1350, 1389 557-Dade, alternative road law inoperative _______ 710, 812, 822, 869 560-Dade, abolish Board of Commissioners _______ 715, 812, 822, 869 827-Dawson, create Commissioner of Roads
and Revenues _____________________ 1349, 1387,1394,1434,1459
339-Dodge, amend Act creating Commissioner of Roads and Revenues ----------------------------------- 411
818-Dodge, consolidate Tax Receiver and Tax Collector __________________________1349,1387,1394,1438
852-Dodge, repeal Act creating Commissioner of Roads and Revenues________________________________1348
853-Dodge, create Board of Commissioners__________________1349

INDEX

1563

814-Dooly, provide for a county high school building _______________________________1188, 1219, 1236, 1284
148-Dougher,ty, consolidate Tax Receiver and Tax Collector; create Tax Commissioner______ 207, 1201, 1203, 1237
704-Early, repeal Act creating Board of Commissioners ___________________________ 891,984,988, 1046
705-Early, create Board of Commissioners ____955, 1023, 1034, 1078 706-Early, reduce bond of sheriff______________956, 983, 988, 1046 743-Early, abolish County Treasurer___________ 892, 984, 989, 1048 744-Early, amend Act fixing salary of
Treasurer __________________________ 890,892, 1069,1076,1144
501-Echols, amend Act abolishing County Treasurer __________________________609,666,672,708
502-Echols, increase per diem of Commissioner__635, 666, 673, 709 562-Emanuel, amend Act abolishing County
Treasurer _________________________________ 711,813,822,870
717-Floyd, Berrien, Effingham, Schley, Sumter and Greene, amend Act creating Board of Commissioners ______ ~956, 1022, 1034, 1084
39-Franklin, fix bond of sheriff________________ l73, 265, 272, 297 192-Glynn, repeal Act creating Board of Commissioners_207, 1069 193-Glynn, create Board of Commissioners_____________ 207, 1069 194-Glynn, consolidate Tax Receiver and
Tax Collector ______________________ 207, 1258, 1272, 1285, 1400 195-Glynn, change from fee to salary system ___________ l037, 1070 197-Glynn, abolish police, substit,ute deputy sheriffs_____ 208, 1070 575-Glynn, combine governments City of Brunswick
and County of Glynn _______________ 881, 1061, 1264, 1272, 1303 649--Gordon, amend Act creating Board of
Commissioners ----------------------------860, 945, 950, 994 650-Gordon, abolish Tax Receiver and
Tax Collector ------------------- ___________ 860, 945, 950, 994 349-Greene, pay Gwinn Allison School Fund
to Board of Education ______________________ 317, 371, 378, 408 793-Greene, fix bond of sheriff______________1107, 1130, 1139, 1189 825-Hall, destroy unsold bonds ______________l241, 1272, 1279, 1357 121-Hancock, convey property of lOth District
Agricultural School to __________________1037, 1068, 1074, 1144 771-Hancock, abolish County Treasurer_ ____ ll77, 1371, 1376, 1389 472-Haralson, repeal Act Creating Board of Commissioners __ 611 49Q-Hart, fix bond of sheriff____________________ 580, 643, 646, 674 217-Heard, create Commissioner of Roads
and Revenues _____________________________ 208, 479, 486, 514 308-Heard, reduce bond of sheriff___________________ 248, 309, 360

1564

INDEX

45-Irwin, create Board of Commissioners___________189, 309, 357 44-Irwin, repeal Act creating Commissioner
of Roads and Revenues _________________________171, 309, 357
676-Jackson, amend Act to abolish County Treasurer ____ 890, 945, 950, 994
678-Jackson, amend Act creating Board of Commissioners ____________________________ 891, 945, 950, 998
564-Jasper, consolidate Tax Receiver and Tax Collector; create Tax Commissioner__________ 803, 1025, 1052, 1093, 1275
412-Jenkins, reduce bond of sheriff______________ 426, 531, 537, 571 601-Lanier, create Board of Commissioners ______ 860, 886, 895, 953 600-Lanier, repeal Act creating Commissioner ___ 860, 886, 895, 953 716-M:clntosh, amend Act to consolidate Tax Receiver
and Tax Collector__________________________ 956, 984, 988, 1047
242-M:eriwether, amend Act to change compensation of Treasurer_____________ 317, 370, 377, 401, 445
506-M:eriwether, cgnsolidate Tax Receiver and Tax Collector; create Tax Commissioner_________ 635, 666, 673, 709
754-M:eriwether, amend Act creating Board of Commissioners ___________________1017, 1023, 1034, 1079, 1275
449-M:iller, reduce bond of sheriff _______________ 610, 811, 821, 868 476-Miller, Trustees of School Districts __________ 580, 622, 628, 648 687-M:itchell, amend Act to abolish Tax Receiver and Tax
Collector; create Tax Commissioner_ ________ 891, 945, 951, 998 458-Monroe, provide for wire fish baskets __________610, 1198, 1254 747-M:onroe, reduce bond of sheriff__________ 1056, 1070, 1076, 1144 796-M:ontgomery, reduce bond of sheriff_____ 1178, 1222, 1236, 1284 544-M:organ, reduce bond of sheriff______________ 581, 622, 628, 649 139-Murray, repeal Act creating Commissioner of
Roads and Revenues _______________________172, 371, 376, 405
140-Murray, Create Board of Commissioners of Roads and Revenues _______________________171, 370, 375, 406
679-M:urray, create Tax Commissioner________ 954, 1022, 1033, 1082 659-M:uscogee, abolish County Treasurer_____________ 860, 862, 864
63-0conee, change salary of Chairman of Board of Commissioners ________________________ 172, 309, 358
410-Pierce, County School SuperintendenL ______ 426, 502, 512, 542 474-Pierce, amend Act to abolish Tax Receiver and
Tax Collector; create Tax Commissioner_ ___ 611, 643, 646, 674 510-Pierce, amend Act to abolish Tax Receiver and
Tax Collector; create Tax Commissioner____ 581, 643, 646, 674 511-Pierce, amend Act to abolish County Treasurer______ 581, 643,
646,675 738-Pulaski, create Board of Commissioners __________1038, 1070

INDEX

1565

739-Pulaski, repeal Act creating Commissioner of Road!;; and Revenues ____________________________ 957, 1070
213-Randolph, amend Act abolishing County Treasurer___158, 180, 185, 200
569-Richmond, real estate salesman and brokers _________ 890, 1022, 1032, 1081
605-Richmond, repeal Act extending jurisdiction justices of the peace -----------------------713,810,823,871
609-Richmond, amend Act to combine Boards of Health Augusta and Richmond county______________ 804, 811, 824, 872
610-Richmond, amend Act regulating public instruction __ 804, 811, 824, 872
612-Richmond, amend Act creating Board of Commissioners -----------~-------------714, 729, 736, 828
361-Rockdale, reduce bond of sheriff____________ 364, 417, 418, 452 635-Schley, compensation Commissioners and Clerk ____ 713, 813,
825, 874 701-Seminole, amend Act to establish Board of
Commissioners of Roads and Revenues __ 955, 1022, 1033, 1083 70-Spating, provide for a depository__________ 554, 585, 592, 629 699-Stephens, amend Act creating Commissioner
of Roads and Revenues ____________________ 959, 984, 988, 1046
532-Stewart, abolish Tax Receiver and Tax Collector_ ___ 609, 666, 673, 709, 1026
82-Taylor, distribution of Commissioners_______ 363, 503, 509, 538 83-Taylor, abolish County Treasurer__________363, 503, 509, 538 84-Taylor, create depository__________________ 424, 479, 486, 539
85-Taylor, abolish Tax Receiver and Tax Collector; create Tax Commissioner___________________ 363, 503, 509, 539
446-Telfair, consolidate Tax Receiver and Tax Collector____ 489 646-Telfair, amend Act creating Commissioner
of Roads and Rvenues _________________________________ 805
660-Thomas, amend Act creating Board of Commissioners __________________________ 858, 945, 950, 996
424-Tift, Tax officers, amend AcL ______________ 427, 531, 537, 567 425-Tift, abolish County Treasurer_____________ 427, 531, 538, 571 591-Toombs, repeal Act creating Board
of Commissioners -------------------------711, 728, 735, 828 592-Toombs, create Commissioner of Roads
and Revenues _____________________________ 715, 728, 735, 828
721-Turner, amend Act abolishing Tax Receiver and Tax Collector; and creating Tax Commissioner__892, 945, 951, 998
733-Twiggs, create Board of Commissioners_1038, 1201, 1203, 1236 734-Twiggs, fix time holding primary elections __ 892, 945, 951, 995

1566

INDEX

372-Union, abolish County Treasurer___________ 410, 503, 511, 541 578-Union, provide for annual audit_ ____________ 803, 812, 822, 870 579-Union, reduce bond of sheriff_______________ 691, 728, 735, 827 234-Walton, fix bond of sheriff______________ .:____208, 390, 398, 432
759-Ware, amend Act creating Commissioner of Roads and Revenues ________________________________1295
459-Washington, amend Act creating Board of Commissioners _________________________ 553, 586, 593, 631
464-Washington, Solicitor City Court Sandersville to be County Attorney_____________________ 513, 623, 628, 647
465-Washington, abolish Tax Receiver and Tax Collector; create Tax Commissioner________ 553, 586, 593, 631
466-Washington, establish a county counciL _____ 553, 586, 593, 631 78-Wayne, repeal Act creating Board of.
Commissioners ------------------------------------172, 390 79-Wayne, create Board of Commissioners _________________ 171
428-Webster, amend Act creating Board of Commissioners ____________________________ 427, 559, 565, 598
737-Wheeler, reduce bond of sheriff_________ 1056, 1069, 1075, 1143 821-Wheeler, amend Act creating Tax Receiver
and Tax Collector-----------------------1294, 1300, 1350, 1390 625-White, amend Act creating County Treasurer_ _______ 714, 812,
824, 873 764-White, repeal Act creating Board of Commissioners ____ 1107 765-White, create Board of Commissioners_________________1107
221-Wilcox, repeal Act creating Board of Commissioners ____________________________ 409, 503, 510, 540
222-Wilcox, create Board of Commissioners _____ 424, 503, 510, 541 657-Wilkes, amend Act designating highway mileage __1175, 1299,
1303, 1468 273-Wilkinson, create Board of Commissioners__ 257, 480, 486, 515 282-Wilkinson, repeal Act creating Board of
Commissioners ___________________________ 248, 480, 487, 515
249-Worth, consolidate Tax Receiver and Tax Collector -------------'------------424, 503, 511, 547, 619
250-Worth, amend Act creating Board of Commissioners ____________________________ 424, 503, 511, 541
!-Provide for repayment to counties funds advanced for state highway construction _________ 362, 371, 375, 438, 555, 618
10-Authorize Commissioner or Ordinary to fix salary County Treasurer ____________________159, 370, 375, 438
95-Amend Act as to cost of convicting misdemeanor convicts __________________________ 409, 444, 471
115-Safeguards for workmen ________________450, 1369, 1385, 1388

INDEX

1567

125--Commissioners to supplement funds of Boards of Education ____ _:_ ___________________ 301, 370, 375, 405

!58-Providing that Commissioners fix certain salaries_246, 309, 358 167-Registrars and Ordinaries to assist Tax Collectors __ 409, 503,
510, 540 171-County officers to make monthly financial
statements ________________________________ 424, 503, 510, 629

189-Use gasoline taxes allocated for retiring bonds ______ 363, 622,

627, 650 204-Repeal Acts fixing salaries of jailers _____________ 246, 309, 358

207-Providing that Commissioners fix salaries of County officers ________________________________ 247, 309, 359

209-County School Superintendents to reside at county site _____________________________ 302, 480, 486, 540

341-Provide for probate officer in certain counties ________ 364, 416,

381-Provide that Commissioners fix salaries of

417, 472

certain officers ------------------------690, 812, 821, 867, 947 401-Tax Collectors to have powers of sheriffs ___ 489, 503, 512, 542 411-Electors in independent school districts to vote
for county school superintendenL ______ 426, 502, 512, 543, 1234

433-Commissioners to appoint wardens and guards ___ 41l, 444, 472 441-Tax Collectors to have powers of sheriffs ____ 553, 586, 592, 630 525-Change method of compensating officers_____ 635, 644, 646, 675 517-Fiscal year in certain counties ______________ 514, 586, 593, 632

518-Abolish Tax Equalizers; create Tax Assessors; Board of Appeals __________________________ 554, 586, 594, 632

534-Regulate primary elections _________________ 514, 622, 628, 649

584-Boards of Education authorized to borrow money_____ 890, 945,

949, 996 614-Commissioners to fix salaries _______________ 714, 729, 736, 827

636-Commissioners to fix compensation ________ 692, 728, 735, 827 703-Fix time for paying commissions to Tax Collectors ____ 1037 694-Apply motor fuel taxes to liquidating road bonds ____ 891, 984,

987, 1045 749-Enable Highway Department repay counties for
building state roads ____________________ 1106, 1131, 1139, 1257

813-Abolish fee system in certain counties __ 1348, 1376, 1393, 1418, 1434, 1459
677-Vest in Tax Collectors the duties of sheriffs________959, 1022,

1033, 1082

COURTS, CITY, COUNTY, MUNICIPAL144-Albany, amend Act to establish _____________ 171, 266, 272, 298

1568

INDEX

129-Bainbridge, amend Act to establish__________ 411, 501, 510, 539 199-Blackshear, amend Act to establish____ 208, 501, 510, 543, 619 735-Blakely, amend Act creating_____________958, 1024, 1034, 1085
48-Cairo, amend Act creating__________________ 206, 266, 271, 297 688----camilla, amend Act creating_____________881, 1025, 1033, 1082 322-Charlton, abolish county court of ___________364, 391, 398, 433 729-Colquitt, amend Act creating____________1106, 1300, 1302, 1355 399-Danielsville, repeal Act creating______________ 318, 1126, 1154 715-Darien, amend Act creating_____________957, 1024, 1034, 1084 126-Decatur, amend Act creating________________l58, 266, 271, 298
24-Douglas, fix salary of judge_________________ 221, 266, 271, 296 421-Greenville, repeal Act creating______________ 489, 623, 627, 647 824-Hall, amend Act creating _______________1241, 1254, 1279, 1357 651-lrwinton, repeal Act creating_________________ 802, 1033, 1081 111-Jesup -------------------166, 391, 396, 399, 693, 814, 830, 1275 104-Lexington ---------------------------------275, 561, 565, 596 732-Lyons, amend Act creating______________956, 1024, 1034, 1085
344-Macon, providing for salaries municipal courL_______ 303, 369,
378, 407 656-Metter, amend Act creating______________ 802, 1025, 1033, 1081
57-Miller, defendants may demand indictments _________300, 391,
395, 1418 563-Morgan, amend Act creating__________________ 711, 1031, 1418
64-0conee, abolish county court oL___________ 172, 266, 271, 297
58Q-Oconee, abolish fee system in county courts ____ 804, 984, 986,
1049,1074 736-Quitman, amend Act fixing salaries
judge and solicitor___________________________ 957, 1376, 1418
613-Richmond, reduce salary judge City CourL_712, 810, 824, 873 467-Sandersville, amend Act creating___________514, 623, 628, 648 156-Savannah, amend Acts relating to __________ 246, 391, 397, 430 392-Savannah, salaries clerk and associate judges ____ 635, 729, 735 214-Swainsboro, reduce compensation employees_302, 391, 398, 432 526-Sylvester, amend Act creating___________609, 1024, 1031, 1100
55-Thomson, repeal Act creating______________ 159, 181, 185, 200 81-,Vashington, amend Act creating____________206, 266, 271, 298 76Q-Waycross, amend Act creating_________________________1187 89-Whigham, abolish City Court oL__________207, 266, 271, 298 718-Wilkinson, create County Court_ _________956, 1024, 1034, 1084 683-Provide for costs trying and convicting convicts ____ 954, 1222,
1235, 1282 343-Fix compensation court reporter____________ 364, 391, 398, 438 205-Salaries deputy sheriffs and bailiffs______________ 247, 309, 359

INDEX

1569

COURTS, JUVENILE-346-Provide for officers of Juvenile Courts __________ 364, 418, 472 375-Amend Act r0lating to .Juvenile Courts ______ 303, 341, 356, 383
COURTS, SUPERIOR380-Alapaha Judicial Circuit, abolish fee system ________ 513, 623, 627, 646 191-Bacon, provide for two terms a year_ ___________ 316, 391, 397, 399, 623, 925 320-Barrow, provide for four terms a year_ _____ 317, 391, 398, 433 252-Berrien, provide for four terms a year______ 302, 391, 398, 432 516-Bibb, reduce salary solicitor-generaL_______ 514, 623, 628, 648 319-Blue Ridge Judicial Circuit, abolish fee system ___410, 511, 571 312-Brunswick Judicial Circuit, salary solicitor-general _______________________ 1016, 1024, 1031, 1080 208-Eastern Judicial Circuit, abolish fee system __ 247, 390, 397,432 566-Forsyth, amend number of terms a year______ 691, 1025, 1032, 1372, 1387, 1458 419-Hancock, provide for three terms a year ___ 489, 572, 623, 1455 113-Haralson, repeal Act creating April and October terms _____________________________ 301, 391, 396, 429
35-Macon Judicial Circuit, abolish fee system __ 300, 391, 395, 428 120-Peach, change time holding court_ __________ 159, 390, 396, 430 122-Tifton Judicial Circuit, salary solicitor-generaL_159, 390, 396,
430, 440, 454, 484 110-Wayne, provide for four terms a year______ 159, 390, 396, 439,
501, 814, 829, 1275 SO-White, repeal Act providing for three terms a year__ 300, 391,
395, 429 205-Repeal Acts fixing salaries deputy sheriffs
and bailiffs ------------------------------------247, 309, 359 206-Repeal Acts fixing salaries of bailiffs ___________ 247, 309, 359 340-Provide for salaries in lieu of fee system
for Clerks Superior Courts______________ 1105, 1130, 1138, 1188 343-Fix compensatibn of court reporter__________ 364, 391, 398, 438 408-Provide for salaries in lieu of fees,
Clerks of Courts ___________________________ 555, 585, 592, 630 435-Authorize prosecuting officers to prefer
accusations in felony cases______________ 881, 1222, 1234, 1379 683-Provide for payment of costs in trying and
convicting convicts _____________________954, 1222, 1235, 1282 203-Fix sa:lary stenographic reporter ____________ 302, 391, 397, 431
CROPS263-Amend Act to extend lien on crops ______________ 689, 857, 922

1570

INDEX

E ELECTIONS-
138-Special elections where officer elected declared ineligible ________________________ 316, 372, 462, 474
EMBALMING130-Amend Act regulating __________________ 1108, 1221, 1234, 1377
EXPENSES OF EMPLOYEES59-Regulate _________________________ 450, 588, 592, 661, 679, 815

F FISCAL YEAR-
457-Fix the fiscal year period ____________________1016, 1068, 1166

G GAME AND FISH-
94-Provide for wire fish baskets _______________ 490, 621, 936, 1198, 1253, 1266, 1401
290-Amend Act for protection of birds, game and fish _____________________________ 803, 946, 948, 995
316-Repeal Act regulating hunting quaiL _______ 425, 467, 471, 488 362-Provide for wire fish baskets _______________ 317, 530, 537, 567 364-Amend the game and fish laws ______________ 425, 467, 471, 488 483-Provide for wire fish baskets ____________ 710, 1198, 1253, 1267 503-Amend Act of August 28, 1925 __________1036, 1198, 1253, 1266 602-Require license to fish Ogeechee River_________ 712, 823, 930 755-Regulate hunting quail and wild turkey__ 1106, 1127, 1201, 1238
GENERAL ASSEMBLY423-Provide for nomination and election of members _1016, 1023, 1031, 1080
GEORGIA WORKMEN'S COMPENSATION ACT101-Amend --------------------------------------689, 1293, 1302 112-Amend -----------------;------------------------------ 690

INCOME TAX448-Amend the Act of March 31, 1931_ _______ 1035, 1131, 1139, 1259
INDEPENDENT SCHOOL DISTRICTS781-Carrollton, to constitute a ______________ 1177, 1219, 1235, 1283

INDEX

1571

INSURANCE56-Misdemeanor for undertaker to pay commissions to life insurers ____________________________ 409, 466, 486, 1414

251-Prohibit agreements to settle losses by burial associations _______________ 715, 895, 1068, 1076, 1448

548-Amend Act to regulate fire and casualty

~-

insurance ----------------------------------1187, 1377, 1~

INTEREST-

,_.- ."'- ...

5-Amend Act of August 17, 1920, as to interest_ _____ 362, 480, 498

M MAPS-
74-Regulate maps or plats of land subdivisions __ 300, 390, 395, 1166
MILLEDGEVILLE STATE HOSPITAL---332-Amend Act regulating commitments to __ 1038, 1222, 1234, 1378
MOTOR VEHICLES182-Fix license fees of motor vehicles operated on the public highways ______________189, 224, 231, 244, 258, 277, 310, 318, 446, 462, 473, 573, 584, 606, 620, 815, 1350, 1404, 1416, 1419, 1474 97-Amend the motor vehicle laws ______________________ 634, 986

p
PEACHES AND APPLES377-Amend Act to regulate grading of_ _____ 1038, 1131, 1139, 1205

POLICEMEN276-Provi.de for civil service rules ______________ 411, 480, 486, 515
317-Repeal Act of August 18, 1925, as to pensions for policemen _________________________________ 425

PRACTICE AND PROCEDURE40-Legalize suspension of sentences in misdemeanor cases _________________________ 206, 341, 356, 929

PUBLIC AMUSEMENTS-

757-Permission County Commissioners required to operate

places of public amusement outside of city limits __ 1176, 1201,

PUBLIC HEALTH-

1203, 1239

639-Revise the health laws _____________________________ 860, 1181

1572

INDEX

PUBLIC UTILITIES96-Provide for rules of evidence in determining valuations for rate making _______________ 634, 1220, 1243, 1253
271-Authorize municipalities to contribute to a common fund to employ experts in hearings before Public Service Commission ________________1016, 1265, 1269, 1297, 1371, 1397
92-Provide for determining valuation of Public Utilities for rate making purposes ______________________________ 634

R RAILROADS-
20-Authorize a railroad to sell or lease its property__ 220, 442, 560, 564, 718, 719
REGISTRATION102-Provide for notice by mail by Registrars __ 689, 1222, 1234, 1377
s
SALARIES135-Reduce salaries of officials where fixed by law_________________1056, 1067, 1109, 1470, 1477, 1523 345-Fix salaries of officers of City of Macon _____ 303, 369, 378, 408
SCHOOL CODE669-Amend the school laws ___________________________1240, 1395
SCHOOLS29-Amend Act establishing public schools in Bainbridge ________________________________ 206, 252, 255, 273
SEED77-Regulate sale of-----------------------------------689, 1419
515-Regulate sale of seed cotton _________________1105, 1127, 1419
STATE HIGHWAY BOARD594-Reorganize and reconstitute the___________________1106, 1127

T
TAXES, TAXATION103-Provide for notice by assessors through maiL_690, 1200, 1202, 1237, 1260, 1262, 1401 132-Cigars, cigarettes, amend Act taxing_______________1392, 1458 305-Amend Act known as Fuel Distributors ___ 880, 1131, 1138, 1260 363-Provide for pre-payment of school taxes ____ 689, 946, 948, 995 484-To tax distributors of motor fuels _________________ 1401, 1413 573-The General Tax BilL ____________________________ 1383, 1392

INDEX

1573

805-Provide that sheriffs shall collect taxes under executions ____________________________1188, 1218, 1236, 1284
TEXT BOOKS815-Amend Acts as to uniform text books __________________ 1349
TURPENTINE554-Define gum turpentine and its products_1036, 1114, 1131, 1165
UNIVERSITY SYSTEM OF GEORGIA447-Amend Act to provide for permanent income _____ l038, 1067, 1109, 1166

1574

INDEX

PART IV.
HoUSE RESOLUTIONS IN THE SENATE.
11-Providing that General Assembly reconvene in regular session January 19, 1933_______________________________ 71
22-Providing that Commissioners Upson county employ the Ordinary ----------------------------------362, 417, 418, 451
26-Recommending a tax on jute importations ___________ 94, 1419 28-Requesting State Board of Education to annul its con
tract for text books _____________________ 94, 126, 127, 133, 161 33-Relief, for surety on bond of Claude Boykin______ 315, 391, 569 34-Committee to investigate salaries officials and em-
ployees --------------------------------------------160, 174 36-Providing that General Assembly cooperate with Gov-
ernor Talmadge --------------------------------------- 93 37-Relief of surety, bond of Lon Hayne ____________ 315, 443, 449 39-Commending the "Buy American Movement" __________ 146 42-Providing a law library for judge of Coweta
Circuit ------------------------------------362, 442, 449, 569 45-Requesting Department of Agriculture and Board of
Regents to furnish certain information______________ l60, 174 47-Providing that General Assembly adjourn the special
ten-day session at one o'clock, January 18, and reconvene at ten o'clock, A. M., January 19 in regular session __ 102 48-To notify Governor that General Assembly is ready to adjourn the special ten-day session ____________________ 103 50-To notify Governor that General Assembly has reconvened in regular session ------------------------------- 124 51-To furnish law books to Rockdale county______ 410, 479, 512,
570, 1276, 1452 53-Providing that the State Treasurer pay mileage for reg-
ular session _________________________________134, 1415, 1442
55-To secure information as to proper valuation public utilities -------------------------------------------135, 174
60-Amend Constitution as to sessions General Assembly and compensation of members ______________________________1455
63-lnviting President-elect Franklin D. Roosevelt to address the General Assembly________ ------------------------- 160
68-Extending the time for purchasing motor vehicle license
tags -------------------------------------------------- 173 76-Requesting State Board of Education to cancel text book
contracts ------------------------------------------206, 863 78-Providing for adjournment over the week end__________ 190

INDEX

1575

79-Thanking City of Savannah for courtesies shown con servation committees ----'-----------------'------------ 222
81-Expressing admiration and affection for President"elect Franklin D. RoosevelL---------------------'------------ 223
82~Inviting the Governor of Mississippi to address the General Assembly --'----------------------------------- 223
86-Providing that Highway Department enter into contracts with counties to build State Aid roads __________ 268, 372, 379, 573, 1276, 1474
93-Providing for funding $91,000 of Land Scrip Fund of University System ____________________1015, 1053, 1068, 1078
94-Relieve H. A. Burke as surety __________1342, 1346, 1393, 1432 96-Joint session to hear Dr. Charles H. Herty__________ 365, 1026 100-0pposing reduction of tariff on fruits and vegetables ___ 365 102-To furnish law books to justices of the peace, Irwin
county ________________________________________ 692, 734, 826
105-Memorializing Congress to expand the currency____ 410, 412, 1301, 1310, 1401
109-Providing that Muscogee county refund money to sureties _______________________________ 1342, 1341, 1393, 1433
110-Relieve sureties in Muscogee county____1347, 1387, 1393, 1433 113-To furnish law books to Brantley county____ 582, o87, 594, 634 115-Memorializing Congress as to making cotton duck in
federal prisons --------------------------------------- 551 119-To furnish law books to Dade county________________ 692, 826
120-Amend Constitution, who shall preside when Supreme Court equally divided _______________________1015,1220,1223
125-To furnish laws books to Greene county____ 861, 886, 895, 952 129-To furnish law books to Municipal Court of Atlanta____1179,
1199, 1240 131-Relieve Sam Green as surety________________ 805, 1234, 1276
136-Designate George Washington Highway_1179, 1299, 1303,' 1379 137-To furnish law books to Jenkins county __________ 861, 886, 953 139-Relieve W. H. Coker as surety___________1179, 1221, 1234, 1277 146-To secure federal aid for roads for years 1934 and 1935_ 608 151-Inviting Senator Huey P. Long to address General As-
sembly _____________________________________________636, 639
152-Providing for payment witnesses investigation of Department of Agriculture____________________________________ 636
155-Requesting federal authorities to consider use of Georgi.a marble and granite in constructing federal buildings_ 688
158-Relieve N. Garner and D. M. Jordan as sureties _______________________________957,983,989,1042
167-To furnish law books to Hall County______960, 1023, 1031, 1078

1576

INDEX

178-Joint session to hear address by Governor Talmadge __ 935 183-Providing for purchase of Georgia products by
Supervisor of Purchases ________________ 1187, 1270,1278,1379 187-Providing for payment of expenses of committee on
investigation of Agricultural DepartmenL1179, 1198, 1205, 1243 188-Suspend enforcement fi. fa. against Lucille
McD. Greene ---------------------------1342, 1393, 1347, 1433 192-Providing for certain officers and members of the
General Aasembly to remain over to bring up the unfinished work of the session ____________________ 1476, 1520
194-Providing for commission to revise the Constitution ______________________ 1223, 1377, 1386, 1393, 1468
199-Providing for expenses committee on investigation of Department of Agriculture _________________________ 1381
201-Providing for expenses committee on Banks and Banking to Washington ------------------------------1413