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. 26 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 28 }OURNAL OF THE SENATE, 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, TUESDAY, JANUARY 10, 1933. 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. 30 JOURNAL OF THE SENATE, 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. TUESDAY, jANUARY 10, 1933 . 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 32 JOURNAL OF THE SENATE, 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 TUESDAY, jANUARY 10, 1933. 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- 34 jOURNAL OF THE SENATE, 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- TUESDAY, JANUARY 10, 1933. 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. 36 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 38 JOURNAL OF THE SENATE, 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. TUESDAY, jANUARY 10, 1933. 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. 40 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 TUESDAY, }ANUARY 10, 1933. 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 42 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 TUESDAY, jANUARY 10, 1933. 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 44 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 TuEsDAY, jANUARY 10, 1933. 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, 70 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. 74 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. 84 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. 126 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. 128 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. 130 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. 132 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 134 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. 136 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- 142 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, 144 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- 146 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- 148 }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. 150 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. 178 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: 180 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. 182 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. 204 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 208 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- 212 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. 228 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: 252 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: 254 }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. 258 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 260 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 262 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. 264 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. 276 }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 278 jOURNAL OF THE SENATE, 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- 280 JoURNAL OF THE SENATE, 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. 282 JoURNAL OF THE SENATE, 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. 284 JoURNAL OF THE SENATE, 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. 286 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. 292 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- 302 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. MoNDAY, FEBRUARY 6, 1933. 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. 304 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. 306 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 308 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: 310 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. 312 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- 314 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 320 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- 322 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. 326 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: 328 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 330 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: 332 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 334 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. 338 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. 340 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::-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. 594 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, 604 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 608 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 748 JoURNAL OF THE SENATE, 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 'VEDNESDAY, MARCH 1, 1933. 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 750 JouRNAL OF THE SENATE, 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- WEDNESDAY, MARCH 1, 1933. 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. 752 JouRNAL OF THE SENATE, 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- WEDNESDAY, MARCH 1, 1933. 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 754 }OURNAL OF THE SENATE, 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 756 JouRNAL OF THE SENATE, 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- WEDNESDAY, MARCH 1, 1933. 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 758 JouRNAL oF THE SENATE, 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 760 jOURNAL OF THE SENATE, 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 WEDNESDAY, MARCH 1, 1933. 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 762 jOURNAL OF THE SENATE, 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- WEDNESDAY, MARCH 1, 1933. 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 764 jOURNAL OF THE SENATE, 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 766 JouRNAL OF THE SENATE, 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 'iVEDNESDAY, MARCH 1, 1933. 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 768 JoURNAL OF THE SENATE, 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 \VEDNESDAY, MARCH 1, 1933. 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 770 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. vVEDNESDAY, MARCH 1, 1933. 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 772 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 WEDNESDAY, MARCH 1, 1933. 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 774 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 \V.EDNESDAY, MARCH 1, 1933. 775 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 776 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 WEDNESDAY, MARCH 1, 1933. 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 778 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 WEDNESDAY, MARCH 1, 1933. 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 780 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 WEDNESDAY, MARCH 1, 1933. 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 782 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. WEDNESDAY, MARCH 1, 1933. 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 784 JouRNAL OF THE SENATE, 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 786 JouRNAL OF THE SENATE, 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, 788 }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 JouRNAL OF THE SENATE, 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, 832 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. 835 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, 836 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 838 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 THURSDAY, MARCH 2, 1933. 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- 844 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 THURSDAY, MARCH 2, 1933. 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 846 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 848 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- 898 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 MONDAY, MARCH 6, 1933. 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 900 JOURNAL OF THE SENATE, 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. 902 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. l\IONDAY, MARCH 6, 1933. 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, 904 jOURNAL OF THE SENATE, 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 MoNDAY, MARCH 6, 1933. 905 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. 906 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 MoNDAY, MARCH 6, 1933. 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, 908 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 MoNDAY, MARCH 6, 1933. 909 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 910 jOURNAL OF THE SENATE, 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 Mo~DAY, MARCH 6, 1933. 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 venarts 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, 1006 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::-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